How to apply for alimony while married (without divorce)

Some people do not know that alimony can also be collected in a marriage without a divorce. This procedure has nothing to do with divorce.

The law primarily protects the child. Including from the dishonest behavior of his own parents. Therefore, alimony collection is allowed without terminating family relations.

How to collect alimony while married?

Important! For the collection of alimony, the actual family relationship between the spouses does not matter. Parents can live together or separately. This is permissible by law. Living together or separately does not in any way affect parental obligations to the child.

Grounds for collection

The main condition in such a situation is joint adoption or social recognition of the child of the 2nd spouse by the 1st spouse.

Collection procedure

The document specifies the main points, including liability arising for violation of obligations. If the parent nevertheless decides to ignore the agreement, then you can always present it to your spouse’s place of work or to the FSSP for enforcement.

Such a document is equivalent to a writ of execution.

Attention! The main advantage of such an agreement: the law does not limit its parties to determine the volume and frequency of payments as they please. The exception is the lower limit.

It cannot be less than the volume recorded in the RF IC.

Secondly, you can contact the magistrate of your court district to issue a court order.

To do this, you must submit an application in the prescribed form and attach some documents to it. Among which:

• a copy of certificates confirming the fact of the birth of a child from the 2nd spouse and the fact of being legally married,
• address certificate about the place of residence of the 2nd spouse or a copy of the passport with a registration mark,
• a copy of the applicant's passport,
• a certificate from the spouse’s work about his salary (or at least about the fact of working at the enterprise at the time of filing the application).

The order is issued in a simplified manner without trial on the merits of the case. If within 10 days from the date of receipt of the court order the 2nd spouse does not submit an objection to its execution, then the document comes into legal force. And it can be presented for execution at the payer’s place of work or at the FSSP.

Thirdly, if issuing a court order is impossible or the 2nd spouse objects to the undisputed collection, the option of legal proceedings remains.

Here you will need to submit a statement of claim to the same magistrate with the same documents attached. The difference is that if for some reason you cannot obtain documents (copies, originals) yourself, then you have the right to petition the court to obtain such documents from the defendant or third parties. This is not allowed in writ proceedings.

In 2023, as before, state duty is not collected for this type of cases.

Amount of alimony payments

The general amounts of penalties are established by law - the RF IC. There were no changes in this regard in 2023. Monthly alimony payments without a divorce correspond to similar payments after a divorce and are equal to:

• 1/4 of earnings for 1 child,
• 1/3 – for 2 children,
• 1/2 – for 3, 4, etc.

They can be collected as a share or percentage of all types of official income of the payer. The amount of penalties established by law may be changed by the court up or down. This can happen during the analysis of the evidence presented by the parties, confirming the real welfare and position of the parties.

Important! If it is established that the potential payer is temporarily unemployed or has unstable earnings, then the court has the right to recover alimony payments from him in a fixed form.

How to receive alimony payments

• notarial agreement on alimony payment,
• a legally binding court decision with a writ of execution,
• not canceled court order.

Any of these documents has the force of a writ of execution, so it can be presented independently at the payer’s place of work. Or transfer it to the FSSP to initiate enforcement proceedings. In all cases, it is necessary to provide the recipient's bank account number to which alimony payments should be transferred.

Attention! A court order and a notarial agreement on alimony payments do not require the additional receipt of a writ of execution. These acts are equated by law to a writ of execution. Important! A writ of execution may be presented for enforcement within 3 years from the date of its issuance.

What other payments are due during marriage?

• needy disabled spouse;
• pregnant wife,
• spouse within 3 years after the birth of a joint child;
• a needy spouse caring for a joint disabled child until he reaches 18 years of age;
• a needy spouse caring for a joint child who has been disabled since childhood, group 1.

Important! Claiming alimony for past periods is possible only within a 3-year period.

What to do if child support is not paid

If, despite the existence of enforcement proceedings, the payer does not make timely monthly payments in favor of the recipient, then he accumulates a debt. After a certain time has passed (but no more than 3 years, so that the statute of limitations does not expire), the recipient has the right to apply to the FSSP to calculate the debt. It is compiled in writing.

With the received document, you can again go to court to collect the resulting alimony debt and the corresponding penalty.

How to apply for alimony while married (without divorce)

As the classic wrote: “Every unhappy family is unhappy in its own way.” In happy, or at least prosperous families, situations do not arise when it is necessary to collect child support from a man.

It’s another matter when the father “withdrew”, not seeing the point in officially dissolving the marriage - he’s already happy with everything. He lives separately, or even in the same apartment, but manages his salary independently, completely transferring the responsibility for supporting children to his mother’s shoulders.

Meanwhile, this is not only immoral, but also illegal. Parents bear equal responsibility for the maintenance of children, and not only “legitimate” ones. Alimony can also be collected from the father of a child of a single mother, just like from a divorced husband. Or even undivorced.

In this article we will tell you what to do if your marriage partner (most often the father of the child, but in rare cases it may also be the mother) avoids financial participation in the maintenance of the children.

Is it possible to apply for alimony without a divorce?

Question:

«We have a six-month-old child, so naturally I don’t work. The husband works, he has a normal salary, but “for the family” he brings mere pennies - only enough for groceries. The rest is put into his own deposit account.

The child benefit is barely enough for my child to eat (he is artificial). For every pack of diapers, clothes, toys, you have to beg, and they don’t always give. I’m already silent about my needs.

I’m not dying of hunger, of course, but I can’t buy myself literally anything, not even small things.

The husband is against divorce. I also don’t want to get a divorce yet, especially since they say it’s difficult and time-consuming with a small child, and if my husband doesn’t agree. Are there any ways to force my husband to give more money to me and the child? Is there alimony when living together?

Answer:

Yes, and not only for the maintenance of the child, but for the maintenance of the mother who is on leave to care for him. Article No. 89 of the RF IC regulates the financial responsibilities of both parents in relation to minor children.

The parent who has direct responsibilities for caring for the child can demand from the other the necessary funds for this in court. The presence or absence of a marital relationship between the child’s parents does not matter.

Moreover, you can also claim child support because you cannot support yourself while on maternity leave (until the child turns 3 or you go back to work).

Who is eligible to claim spousal support?

According to the Family Code, spouses have certain financial responsibilities to their children and each other. According to the previously mentioned article No. 89 of the RF IC, the following have the right to receive alimony without divorce:

• Common minor child
• Group I disabled child before and after adulthood
• Wife during pregnancy and caring for a child under 3, as well as when caring for a disabled child
• Husband, if he is caring for a child under 3 years of age or a disabled child
• Disabled husband or wife

It is absolutely not necessary to file a divorce in order to receive alimony. The presence or absence of a marital relationship will not in any way affect the amount of alimony that is collected from the father or mother for the maintenance of children or each other.

How to collect alimony while married?

There are two legal ways to pay alimony, regardless of the presence or absence of a marital relationship between a man and a woman:

• Alimony agreement
• Judgment or order for collection

A voluntary agreement on the payment of alimony must be drawn up by the spouses and certified by a notary. In this case, it acquires the force of a writ of execution and becomes a full-fledged replacement for a writ of execution, according to which the FSSP can collect alimony from the debtor.

Alimony agreements are often concluded by divorcing spouses. But when collecting “marriage” alimony, they are almost never used.

After all, if a husband and wife can agree on the procedure for incurring material expenses for children and each other, they have no need to enter into such an agreement.

And if disagreements in this area within the family cannot be overcome, then the only way to resolve it is through litigation.

The trial, of course, is much more troublesome and emotionally unpleasant. After all, no matter how you look at it, it is also “washing dirty linen in public,” and this is always traumatic.

But it happens that an irresponsible spouse and parent simply leaves their partner no other choice; the survival of the child or himself is at stake.

Some consolation may perhaps come from the fact that court fees are not collected from the plaintiff when considering such cases. The alimony payer will pay it.

How and where to apply for alimony without divorce?

The reason for the fact that the procedure for collecting alimony in marriage is considered rare and complex is due to ordinary legal illiteracy, which, unfortunately, is typical for Russia, which is just emerging as a legal society. In fact, “marital” child support is no different from those issued after a divorce.

The exact same statement of claim and accompanying documents are required. The procedure for judicial review and execution of a decision is not just similar, but even simpler. Child support during a marriage is collected faster than at the same time as a divorce.

The application is submitted to the magistrate's court at the place of residence of the family. We will tell you what documents you will need below.

Claim or writ proceedings?

The requirement of one parent to another regarding participation in providing for the child is classified as indisputable and does not require proof of necessity.

Therefore, it can be considered by the courts in a simplified order. In this case, what is required is not a lawsuit, but an application to collect alimony from the father or mother.

You can find a similar application form on the Internet and write a similar one with your data.

Since in the case of “marriage” alimony the alimony payer does not have to search for or prove paternity, almost all such cases are resolved by order.

The court issues an order, it is sent to the place of work of the alimony payer, after which the accounting department begins to transfer the required amounts to the second spouse.

Claim proceedings are used only in complex, complicated disputed cases, for example, when a spouse files a counterclaim, challenging his paternity, or presents evidence according to which the amount of alimony should be reduced (illness, difficult financial situation, disabled parents whom he supports, etc.) .d.).

Where to submit documents?

As stated earlier, alimony cases are considered by magistrates' courts in all cases where there is no serious disagreement about the legality of alimony claims or the need to determine the whereabouts of the alimony payer.

According to the rules, the application is submitted at the place of residence of the alimony payer. In a marriage, most often the entire family is registered at one address. But even if this is not the case, you can also submit an application to the territorial magistrate court at your place of residence - this is allowed.

Application (statement of claim) for the collection of alimony

Civil procedure legislation regulates the form and content of the application. If the document does not meet the requirements, it will be left without consideration or returned to the plaintiff for revision.

To avoid this, use the help of a lawyer to draft your application correctly and without factual errors.

So, the document must contain the following information:

• Name of the specific magistrate's court to which the application is being filed
• Full name, place of residence, contact details of the applicant and respondent
• Information about the marriage (when and how the registry office is registered)
• Information about children for whom child support is being collected (full name, date of birth)
• Information about the place of work of the parent from whom child support is being collected
• A concise and clear description of the circumstances: the fact of living together or separately, the absence or insufficiency of material support, the inability to independently provide for children.
• Demand to collect alimony. Its essence should be stated clearly and specifically, for example: “I ask you to collect from (full name) alimony for the maintenance of (full name) in the amount of a percentage of earnings (the percentage depends on the number of children) until the child (children) reaches adulthood.”
• List of attached documents (more about them below)
• Personal signature of the applicants and date of filing the application or claim

The full package of documents is submitted in two copies (one of them the court will send to the defendant for review). If demands for child support and a needy second parent are submitted at the same time, there must be two applications - a separate one for the children, and a separate one for oneself.

What documents are needed?

The documents required for the court can be divided into two categories:

Confirming the legal grounds for receiving alimony:

• Birth certificates of children indicating the names of parents
• Marriage certificate
• A certificate from the housing office confirming that the applicant lives with the child (this is a necessary condition for receiving alimony)

Demonstrating the income level of family members:

• Documents about the applicant's income: salary certificate from the place of work, sick leave for pregnancy, document confirming being on leave to care for a child up to 3 years old, document on pension or receipt of social disability benefits
• Documents on the defendant’s income: salary certificate from the place of work, documents on additional income (lease agreement for real estate owned by the defendant, deposit agreements, tax returns, etc.)

The applicant’s task is to document to the court that the second parent does not provide for the child’s needs, despite the fact that he has such an opportunity. And also your need for additional funds to provide for your children.

If we are talking about a fixed amount, it can be justified by attaching a set of receipts and checks confirming monthly expenses for the child: purchase of clothes, shoes, medicines, baby care products, food, payment for clubs, sections, additional education.

Professional lawyers recommend approaching the issue of preparing the second category of documents with particular seriousness. Each “piece of paper” works for you and can affect the final amount of alimony collected.

How much can you collect alimony while married?

Alimony is calculated in two ways:

• As a percentage of salary
• As a fixed amount

When calculating alimony in a marriage, any of the methods can be used, depending on which method is more in the interests of the child or the disabled, needy spouse.

The interest rate of child support is regulated by Article No. 81 of the RF IC:

• A quarter of an adult's income per child (25%)
• A third of an adult’s income goes to two children (33%)
• Half of an adult's income for three or more children (50%)

This type of calculation is used when the alimony payer is officially employed, receives a “white” salary, and does not give reason to suspect that, in addition to the official one, he has a hidden source of income.

The calculation of a fixed alimony amount is regulated by Article No. 83 of the RF IC.

It is used if the parent does not have a permanent income, or the income is difficult to routinely calculate (for example, the salary is paid in foreign currency or in natural products).

The amount is set by the court, based on the minimum wage and minimum wage, and is calculated based on the financial capabilities of the parents and the needs of the child.

For a disabled spouse in need, alimony is established exclusively in the form of a fixed amount.

Judgment (court order)

As mentioned above, writ proceedings are the easiest way of legal proceedings. The time interval between filing an application and making a decision on collection is only 5 days.

Plus, the court does not summon the applicant and the defendant to the hearing, but considers the submitted documents independently. By the way, this is another reason to take the most responsible approach to collecting documents justifying the amount of payments. The documents will “speak” for you.

If the court finds the claims to be justified, it makes a decision, determines the amount or percentage of the income, and notifies both parties of its verdict.

The calculation of alimony begins from the moment the application is filed with the court.

ATTENTION! The parent designated as the child support payer has 10 days to appeal the court's decision. If this happens, the court order is canceled and the consideration of the case continues, but in a lawsuit.

If the alimony payer has not appealed the order, after 10 days it comes into force. By court order, alimony can be collected forcibly through the FSSP. The start date of collection begins to be considered not the day of contacting the bailiffs, and not even the day the verdict comes into force. Alimony will begin to be calculated from the day you go to court - the date specified in the application.

Execution of the court order is mandatory. Otherwise, the alimony payer may be brought to administrative and even criminal liability.

Results

So, let’s highlight the main points of the topic presented in this article:

• To receive alimony from a parent who evades financial support for a child, it is not necessary to officially dissolve the marriage
• In addition to the child, a spouse who is disabled or in need of financial support has the right to alimony in marriage
• Alimony can be obtained either voluntarily (by agreement) or through the court (by receiving a court order or having achieved satisfaction of a claim)
• To obtain a court order, you need to submit a certain set of documents to the magistrate's court.
• The applicant does not pay the state fee
• Consideration of a case by order does not require the presence of the parties in court
• The case is considered within 5 days after filing the application
• The court order can be appealed within 10 days. If there is no appeal, after these 10 days the order comes into force.
• The start date of alimony payments is the date of filing the application with the court
• If the alimony payer refuses to voluntarily comply with the court decision, the order may be transferred to the FSSP
• For non-payment of alimony, a court decision provides for administrative or criminal liability.

If the collection of alimony in marriage requires legal proceedings, you can find a family lawyer on the portal who will help you win the case in court.

How to apply for alimony while married?

The presence or absence of a divorce does not play a role in the possibility of collecting money for child support voluntarily or compulsorily. However, it is important for citizens to know how to apply for alimony during marriage, since in this case they will have to prove that the party from whom they are collecting does not participate in the financial support of the minor.

Is it possible to apply for alimony without a divorce?

At the legislative level, the possibility of filing an application for the collection of alimony only in the event of a divorce is not fixed anywhere, so it is possible to request payments. The basis is indicated in Part 2 of Art. 80 of the RF IC: if one of the parents does not participate in the maintenance of common children, the second has the right to recover funds through the court or by concluding an alimony agreement.

The interests of minors in the Russian Federation are taken into account primarily by legislation. If the parents are not divorced, but do not live together and the party with whom the child remains does not receive money for his maintenance from the spouse, they can be recovered in the same ways as when claiming during or after a divorce.

Who has the right to claim alimony?

When collecting payments for minor children, the money is paid to the parent with whom the child remained, but he has the right to spend it exclusively on the needs of the minor. In addition, disabled children can also claim funds from their parents if they need help.

Most often, the recipients are women, and the payers are men. In most cases, courts take the side of mothers when determining the place of residence of children and the amount of payments.

Methods for collecting alimony in marriage

In the Russian Federation, there are two ways to collect alimony, regardless of who it will be paid to:

• by agreement;
• judicially.

The options are radically different in essence and step-by-step actions, so citizens faced with issues of claiming alimony payments are advised to carefully study each of them.

Collection of alimony by agreement

Drawing up an alimony agreement is the most acceptable option: the parties independently determine the amount and order of payments, indexation features and other nuances. The main requirement is that alimony should not be less than the amount that could be collected in court.

The specifics of the alimony agreement are regulated by several articles of the RF IC:

Art. 99	The contract on behalf of the alimony obligee in case of incapacity is concluded by the legal representative. In case of limited legal capacity, the transaction is made with the consent of the guardian
Art. 100	In legal force, the agreement is equivalent to a writ of execution. The recipient has the right to present it, if necessary, to the FSSP or at the payer’s place of employment
Art. 101	Change or termination of the agreement is made by mutual agreement, in the absence of such - in court
Art. 102	An agreement where the amount of alimony is established is less than the amount that could be recovered through the court is declared invalid upon the application of the interested party
Art. 104	By agreement, the parties determine the amount of alimony independently: in shares of the salary, in a fixed amount. It is allowed to provide property to provide financial support for the child
Art. 105	Indexation is carried out according to the procedure established in the contract. If it is not specified, alimony is indexed in accordance with the cost of living

Collection of alimony through court

Judicial procedure is relevant when the parties fail to reach an agreement. Also, going to court allows you to recover money for the past period.

What options are possible:

• Claim proceedings. The plaintiff is the recipient, the defendant is the payer. The consideration of the case takes up to 1 month. The result is the execution of a court decision and a writ of execution, which is transferred for compulsory retention to the accounting department of the company at the defendant’s place of work. It is possible for the collector to transfer the IL to the bailiffs.
• Order production. The claimant sends an application to the court to issue a court order for the collection of alimony. The document is prepared within 5 days, after which it is handed over to the applicant. The payer has the right to challenge it within 10 days, after which the order comes into force. Contestation is carried out by filing an objection. Subsequently, payments are determined in accordance with the claim proceedings.

Important! The claimant independently determines how to claim alimony through the court. If the alimony obligee objects to the payments, it is recommended to file a claim immediately, since the court order is canceled upon his application.

Amounts of child and spousal support

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According to Art. 81 of the RF IC, the amount of alimony payments depends on the number of children:

• for one child – 25% of earnings;
• for two children – 33%;
• for three children or more.

The size of the salary is also important - it is from it that deductions are made.

Salary is 20,000 rubles, one child.

• 20,000 x 25% = 5,000 rub.
• Under similar conditions and a salary of 100,000 rubles. different value:
• 100,000 x 25% = 25,000 rub.

When determining alimony as a share of salary, the financial situation of the parties is taken into account. It is possible to submit an application to reduce alimony payments if the payer has other alimony obligations or other valid reasons.

From what income is alimony withheld?

The main source of income for withholding payments is civilian salaries or military allowances. In the absence of employment, other payments are taken into account:

• unemployment benefit;
• fees;
• allowances and additional payments to salaries and tariff rates;
• bonuses and rewards;
• payments for periods of maintaining average earnings;
• all types of pensions and benefits, with the exception of assistance for the loss of a breadwinner;
• sick leave payments;
• severance pay upon dismissal due to staff reduction;
• earnings of convicts.

Alimony in a fixed amount

If the amount of earnings cannot be determined, the money is recovered in a fixed amount (Article 83 of the RF IC). This includes cases of absence of work or receipt of wages by alimony-obliged persons in foreign currency.

What indicators are taken into account when assigning payments:

• living wage;
• financial position of the parties;
• minimum wage (relevant for collection for the past period).

The plaintiff independently determines the amount of alimony in the claims. It is recommended to focus on the cost of living indicator.

Since May 2018, the minimum wage and monthly wage have been equalized and amount to 11,163 rubles, but in some regions higher amounts are established.

Mixed alimony

Mixed alimony includes fixed amounts and transfers as a share of the salary. Appointed when the payer has official income and additional earnings.

Interest is deducted from the established salary; alimony is collected from additional income in a fixed amount if its value cannot be determined.

How to file alimony in marriage through the court? Step-by-step instruction

This is also important to know: Deprivation of a driver’s license for non-payment of child support

If there is no agreement on the payment of alimony, collection is made through the court. The procedure is as follows:

1. Collect evidence confirming that the husband does not support children. Checks and receipts for payment for purchases and sections for the child, paid for by the mother, are suitable. It is recommended to collect for at least 2-3 months.
2. File a claim.
3. File a claim with the remaining documents in court.
4. Receive notice with the date of the first court hearing.
5. Attend the hearing.
6. Receive an extract from the court decision and IL.

Claims may be satisfied in whole or in part. The IL is subsequently transferred to the defendant’s place of employment or to bailiffs.

Jurisdiction of cases of alimony collection

A statement of claim for the recovery of alimony can be filed at the defendant’s registered address, if it is unknown, at the location of his property. Art. 29 of the Code of Civil Procedure of the Russian Federation allows claims to be sent to the courts at the plaintiffs’ registered address.

The choice of a specific court depends on the size of the claims. For amounts up to RUB 50,000. documents are submitted to the magistrate, over 50,000 rubles. - to the district court.

The decision of the magistrate is challenged in the district, the district - in the regional, etc. The final point is the Supreme Court of the Russian Federation - a cassation appeal is filed there, the ruling is not subject to challenge.

Drawing up a statement of claim

At the legislative level, the form of a claim for the collection of alimony is not established, but it must comply with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation on content. The application contains the following information:

• name of the court;
• Full name, registration address, passport details, telephone number of the plaintiff;
• Full name, residence address of the defendant;
• bank account details for transferring payments;
• information about the marriage: date of conclusion, series and number of the certificate;
• information about the child: full name, date of birth, data from the child’s certificate;
• circumstances of the case: cohabitation, non-participation of the spouse in financial support of the child, costs of his food and education;
• claims: to collect alimony in a fixed or shared amount.

At the end there is a signature and date of compilation. It is recommended that the application be completed in two copies: one is given to the court secretary when submitting documents, and the second is marked with acceptance.

List of required documents

The list of documents depends on the specific situation. If alimony is sought for a minor child, the following is provided:

• plaintiff's passport;
• child's birth certificate;
• statement of claim;
• receipts confirming expenses for a minor;
• an extract from the house register indicating the joint residence of the father and child.

When requesting payments for an adult disabled child, certificates of disability are additionally provided.

Amount and payment of state duty

According to Art. 333.19 of the Tax Code of the Russian Federation, the amount of the state duty when filing a claim for alimony is 150 rubles. If payments are collected from a child and a parent, the duty increases to 300 rubles.

Based on Art. 333.36 of the Tax Code of the Russian Federation, plaintiffs in cases of alimony collection are exempt from paying state fees, so there is no need to provide a receipt.

Grounds for refusal

In most cases, the courts take the side of the plaintiffs in cases of alimony, but there may be negative decisions if:

• the child has reached the age of majority and is not disabled;
• payments are collected from a disabled person, but the disability is removed;
• emancipation of a minor: employment, marriage, entrepreneurial activity;
• adoption of a child by another man.

You may also encounter a refusal when accepting documents that do not comply with legal requirements in form or content.

Procedure and time frame for consideration of a claim

The judge is given no more than 5 days to accept the statement of claim for proceedings, after which the parties are notified in writing of the appointed date of the first court hearing.

The process takes 1 month, but a decision can be made in one hearing if there are no controversial issues. The absence of the defendant at the hearings without good reason is not grounds for extending the consideration period.

Arbitrage practice

As judicial practice shows, courts usually take the side of the plaintiffs if there are no grounds for refusing to collect alimony.

The absence of an official divorce is not the reason for a negative decision on the claim. It is possible only if the plaintiff provides insufficient evidence indicating that the defendant does not participate in the financial support of the minor.

How to apply for alimony in marriage through State Services?

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The portal does not provide the ability to file a claim for alimony, but you can use a confirmed account on the State Automated System “Justice” resource. What should be done:

1. File a claim and prepare scans of the documents listed above.
2. Log in to your personal account on the website using your State Services account.
3. Select “Submit an appeal”, then “Application”.
4. Select a subject of the Russian Federation and the name of the court to file a claim.
5. Attach the claim and documents, make an inventory of the attachment.
6. Click on “Generate an application” and complete the operation.

Grounds for termination of payments

The grounds for termination of alimony obligations are specified in Art. 120 IC RF. This is possible in the following cases:

• death of the recipient child or payor parent;
• the child's coming of age;
• onset of legal capacity, removal of disability;
• adoption;
• emancipation of the child.

When payments are terminated not due to death, to remove alimony obligations, the payer submits a statement of claim to the court indicating the grounds for satisfying the requirements.

Practical examples

To understand the specifics of collecting alimony, it is enough to familiarize yourself with practical examples:

In marriage, a mortgage has been issued or the person obligated to pay alimony pays loans

The presence of credit obligations of the payer is not a basis for canceling or reducing the amount of payments - the interests of the child are taken into account first. The amount of alimony is calculated from earnings or other income after withholding personal income tax and other government contributions, but excluding loan payments.

A man earns 30,000 rubles, 15,000 rubles. transfers monthly to pay off the mortgage. There is one child.

Alimony was collected in the amount of 25% of income, i.e. 7,500 rubles. After payments to the child and the creditor, 7,500 rubles remain in hand.

Wife on maternity leave

A man earns 50,000 rubles and has two children. The youngest is 2 months old, his wife on maternity leave filed for alimony.

Payments for children are calculated as follows:

50,000 x 33% = 16,500 rub.

Alimony for a wife is established taking into account the subsistence level. The PM is 11,163 rubles, the claim indicates a demand for the recovery of half of the PM, i.e. 5,581.5 rubles. The plaintiff is supported financially by his parents, which the defendant was able to prove. The claim was partially satisfied, payments were assigned - 4,000 rubles. to the spouse.

Child support is already paid for the first child

The man has one son from his first marriage. In the second marriage a daughter is born. Earnings are 30,000 rubles. 30,000 x 25% = 7,500 rub. - child support for my son.

The wife files a claim to recover payments to her daughter in the amount of 25% of her income. In total, the man has to pay 50% instead of the established 33%, which is the basis for reducing payments.

The payer files a claim to reduce the amount of alimony. The court assigns the legal 33% or 16.5% of income for each child.

How to prove that the husband does not support the child?

Checks and receipts for payments made on behalf of the mother are provided as evidence. Testimony from neighbors, acquaintances or relatives may be required. The participation of the latter is not allowed only in criminal cases. The collection of alimony is regulated by civil law.

Alimony in marriage - what is needed and how to apply for alimony without divorce

Greetings, dear site visitors! With you is a regular author - Andrey Koshkar. The lack of divorce documents is not an obstacle to alimony payments. You can receive child support while you are married, but there are some nuances. My article will help you understand them.

How to apply for alimony without divorce while married?

The most common reason for filing for child support is a violation of the rights of a child. Father and mother cannot agree on how much each should allocate for their minor son or daughter? Adults have the right to sue each other. The question is whose position the judiciary will support. The law must protect the rights of the minor and the parent who actually cares for the offspring.

Is it possible to apply for alimony without a divorce?

Divorce is not the main condition for receiving payments. If one of the spouses refuses to provide for the child, you can apply for alimony. The family budget is spent on supporting only one of the spouses - this is a direct violation of the law. Husband and wife are mutually obligated to support each other financially. The law does not prohibit the collection of alimony payments from an irresponsible spouse.

How to apply for alimony while married?

There are only two ways:

• conclude a mutual voluntary agreement and have it certified by a notary;
• contact the judicial authorities.

In Russia, the law does not allow the financial support of a child to be transferred exclusively to one parent, and for the second to withdraw. Alimony in favor of a common son or daughter is paid until adulthood or for life (when the child is completely disabled).

In situations with such disabled children, a special rule applies to fathers and mothers. A parent caring for a child with disabilities and not earning a living? An adult has the right to receive financial support for himself.

The law determines the groups of spouses to whom alimony payments are supposed to be sent. The pregnant wife will receive the funds. If a spouse takes care of a common child and the child is under three years old, she acts as a separate alimony recipient.

When one of the spouses becomes incapacitated or loses the ability to work, the other is also obliged to support him financially.

What do you need to file for spousal support?

If the marital union is not officially registered, the cohabitant will not be able to claim alimony. A common child is a different matter: he has the right. When the path of agreement is chosen, the good will of both parties is sufficient.

In a conflict situation, funds in favor of the child are recovered exclusively through the court. The plaintiff must prove: the offspring receives insufficient financial assistance or none at all.

Everyone needs officially certified confirmation, but it is important to remember: the defendant can also present evidence that he provides full financial assistance. In any situation, the final word will remain with the court.

What documents are needed to apply for alimony?

If the agreement path is chosen, the document is certified by a notary, and the agreement becomes a guide to action. The text of the agreement includes the personal data of the parties. For the document to come into force, the spouses’ passports, marriage certificates and birth certificates of the child will be required. In some cases - a certificate of income of the alimony provider.

In case of judicial collection, the package of documents includes originals and copies of the plaintiff’s passport, statement of claim, marriage and birth certificates, confirmation of payment of the state duty. Do you need a certificate of family composition or not? A controversial point, but it is better to take it into account in advance.

The document will be useful as additional evidence: the child lives with the plaintiff and the adult provides him financially.

How to apply for spousal support?

When assessing rights to alimony payments, various factors are taken into account. The right to receive financial support must be documented (an oral statement demanding payments has no legal force). The rules are the same for shared, fixed, and mixed alimony.

If the question arises about fixed payments, there are some nuances. The plaintiff must provide the court with a detailed list of what the minor requires.

Did the list include things and services that the child can do without? This fact easily turns into a reason for reducing the amount of money.

Where to apply for alimony?

The law clearly defines government bodies that resolve payment issues. If the parties have not entered into an agreement with a notary, there is only one way left - to court.

When the marriage is dissolved, the issue of monetary payments in favor of the child also falls within the competence of the judges. The package of basic documents for a divorce will not differ much from what the married couple presents.

The only thing: you will need the original and a copy of the divorce certificate.

Is it possible to apply for child support retroactively?

According to family law, this option is possible. The date from which payments in favor of the child start does not depend on whether there was a divorce or not. The Family Code allows you to recover funds from the alimony provider and sets a time frame of 3 years.

If the parent did not provide financial assistance, the court will collect the “debt” from him only for 3 years. Has your spouse not helped your child for 10 years? The parent will only have a three-year “debt.” Proving a defendant's failure to fulfill parental responsibilities is difficult.

If the plaintiff does not convince the court, the starting point for alimony payments will be the date of filing the claim.

How to apply for alimony?

The main package of documents will not be enough if the issue has reached the stage of open conflict and litigation. This is especially true for situations where an unscrupulous spouse hides his income.

When going to court, it is important to provide evidence of this fact. These could be checks confirming expenses (whose amounts are many times higher than the official income of the defendant), recordings of telephone conversations where the parent refuses to help the child, and so on.

It takes a lot of time to prepare evidence, but it gives a real chance to win the case.

Apply for alimony through government services without divorce

This request is often found in Internet search engines. Online services are recognized as the easiest way to resolve the issue. The method has its own characteristics, but it allows you to significantly save time on procedures that previously required a personal visit to institutions.

Apply for alimony online

Information technologies make it possible to track the status of an application consideration online. There is no need to worry about how to correctly determine the amount of payments. The task can be easily accomplished using an online calculator.

However, there is a limitation: if the fact of paternity (maternity) exists in words, it will not be possible to send an application for alimony through the Internet.

In such cases, the judicial authorities will require the personal presence of the plaintiff and documentary evidence that the defendant is the blood parent.

Is it possible to apply for alimony through government services?

In other cases, filing a claim via the Internet will proceed without hindrance. The list of basic documents does not change - they must be scanned and sent with the statement of claim.

During the registration process, you must enter your correct personal data.

Where to apply for alimony during marriage

In Russia there are general rules for such cases. The plaintiff is in an advantageous position - the state provides him with the opportunity to choose the primary court. When the issue of protecting the rights of a child is considered, the interests of the parent with whom the minor lives and is supported financially are taken into account.

Which court should I file for alimony?

There are two judicial bodies dealing with the assignment of alimony payments. complex cases go through the courts of general jurisdiction. Magistrates deal with simple claims. they get the job done faster. 5 days after submitting the application there is a real result. however, the powers of magistrates are limited. Representatives of this judicial body will not resolve the issue:

• on the payment of a fixed amount to the alimony recipient;
• if it is not established that the defendant is the natural parent of the child;
• when the spouse categorically refuses to send funds to his son or daughter.

How to apply for alimony to the court?

• in all three cases, the real solution is to appeal to the department of the court of general jurisdiction, where issues that are beyond the powers of magistrates are considered.
• the defendant categorically refused to allocate a certain amount? The magistrate will cancel his decision (court order) if the refusal to help the child is received within a decade.
• after this, the plaintiff only has to collect a standard package of documents, add to them official confirmation that the court order has been canceled, and contact the district branch of the court of general jurisdiction.

where and where to go to apply for child support?

• The best option is to send the claim to the court branch, which is located in the territory where the defendant lives.
• if the location of the “candidate for child support” is unknown or the plaintiff does not have the opportunity to appeal to that judicial authority, the parent files a claim at his place of residence.
• Court branches are assigned to certain territories; information about the location of institutions is publicly available on various Internet resources. finding it won't be a problem.

How to apply for alimony without divorce?

The list of the most common mistakes made by plaintiffs includes the absence of necessary certificates in the package of documents or failure to pay state fees. Such errors give the court the right to refuse to consider the claim.

If alimony needs to be received in proportion, do not waste time: immediately send the claim to the department of the court of general jurisdiction, and not to the magistrates. An important point in legal proceedings is witness testimony.

They may be required, but I warn you: perjury is punishable by law with a fine of up to 80 thousand rubles - and this is not the maximum penalty.

Can a father file for spousal support?

The state does not place either spouse in a privileged position. Both adults bear equal responsibility for the common child. If a mother does not take care of her minor son or daughter, the man has the right to file for alimony. Another question: such situations are rare. If a claim for alimony is filed by a spouse, his package of documents does not differ from that provided by a woman.

Counter question: Do you want to save your family? In judicial practice, there are constant lawsuits between spouses when a man has a child from previous marriages or relationships. The law prohibits worsening the financial situation of one minor at the expense of another. The spouse, without divorcing the marriage, applies for alimony and protects the interests of her child.

Women often decide to take such a step in order to annoy their husband's ex-partner, his previous family or offspring. The topic is from the field of morality, but this act can forever ruin family relationships. Today a woman is married and financially secure, tomorrow her husband will have another family and a new child.