Alimony for maintaining a wife during marriage and divorce: amount, calculation, sample application - alimony for a pregnant wife, disabled person, on maternity leave.

A woman who has temporarily left her workplace to raise and care for a child under 3 years of age has the right to request payments from her husband (the child’s father). The legislation clearly defines the conditions and procedure for receiving funds.

General concepts

The spouse must provide decent maintenance for the child and the mother if she has stopped working and devoted herself to caring for the baby. Divorce does not relieve the husband of this responsibility.

Alimony is understood as a payment transferred from one individual to another to cover material needs. This payment can be requested by a mother who went on maternity leave before the child reaches 3 years of age and is unable to independently provide for all the baby’s needs.

Important! The content must cover the needs of the mother and each of the common children. If there is no blood connection between the husband and the child, the woman will not be able to extract payments from him.

Where to contact

Payments can be assigned on a voluntary or compulsory basis. In the first case, you need to contact a notary office, in the second - to the court.

Regardless of the method of receiving financial support, control over the implementation of payments is carried out by the bailiff service. This is where you need to go if any disputes arise.

Legislation

Both spouses are responsible for providing for their partner and common children. The main provisions are given in the RF IC:

Art. 17	There are situations when a husband does not have the right to divorce his wife
Art. 81	Established the amount of payments for children under 18 years of age
Art. 89	The obligation of spouses to take care of each other and their joint children is established.
Art. 90	Reinforced the right of spouses to receive alimony after the dissolution of the union
Art. 117	Fixed a requirement for regular indexation of payments

Download for viewing and printing:

• Article 17 of the Family Code of the Russian Federation “Limitation of the right of a husband to present a demand for divorce”
• Article 81 of the Family Code of the Russian Federation “Amount of alimony collected from minor children in court”
• Article 89 of the Family Code of the Russian Federation “Obligations of spouses for mutual maintenance”
• Article 90 of the Family Code of the Russian Federation “The right of the former spouse to receive alimony after divorce”
• Article 117 of the Family Code of the Russian Federation “Indexation of alimony”

Law on alimony for a wife on maternity leave

No separate Federal Law or other regulatory act establishing the obligation to transfer funds to the wife taking care of the baby has been adopted. All provisions regarding financial support for spouses are enshrined in Chapter 14. RF IC.

Attention! According to the UK, a husband has no right to divorce his wife (according to Article 17):

• before the baby is born;
• until one year after the birth of the child.

The maternity leave is specifically designed to ensure that a woman does not lose her current job and can raise a child. In such a situation, the woman essentially depends on the financial support of her husband. Moreover, even after the baby can go to kindergarten, the mother still needs financial assistance to cover the child’s needs.

Amount of alimony for a spouse on maternity leave for up to 3 years

Payments for the maintenance of a mother who has given birth to children from her husband are also established:

• on the basis of a joint agreement;
• based on the provisions of the court decision.

If payments for children can be calculated in a fixed amount or as a percentage of the payer’s income, then the maintenance of the wife is always assigned in a fixed amount. Transfers must be made every month.

On a note! The amount requested by the mother from the defendant is not limited by law. It directly depends on the payer’s solvency and the basic needs of the mother and child.

To support 2 children, at least 1/3 of his total income will be taken from the husband.

For one child, the father will pay at least ¼ of his earnings.

The necessary conditions

Requirements for potential recipients of payments are shown in the table below:

Basic conditions	The essence
Official registration of marriage	The union between the plaintiff and the defendant must be registered, otherwise payments can be made solely for the maintenance of joint children. Alimony can be requested before and after the dissolution of the union.
Presence of blood relationship between the child and the payer	The spouse is pregnant or is raising a child with the plaintiff. It is impossible to receive payments from the defendant for a child who is not his own.
Child's age	Payments will be accrued until the end of the maternity leave, i.e. until the joint child turns 3 years old
A woman cannot support herself and her child	All income of the plaintiff is checked (benefits and allowances, passive income, etc.). If the mother gets a job, then alimony for her maintenance is canceled or reduced
The defendant's ability to pay alimony	The payment will also be adjusted based on the father's income level
The woman has not remarried	Her new husband will take responsibility for her well-being.

How much are they charged?

The amount of alimony is established by the parties themselves or by the court in a fixed value. Not only the needs of the recipients are taken into account, but also the financial status of the spouse. Different maintenance is established for the mother and baby, but usually the transfer of funds is carried out on the same day.

When calculating alimony, the court is guided by 3 indicators:

1. Living wage per child;
2. Living wage for an adult;
3. If the mother or child has a disability, the cost of living for a disabled person (adult or child).

Payments will be indexed periodically.

How are they paid?

If alimony has been determined by the court, then the funds are transferred monthly. In the case of a voluntary agreement between the parties, the terms of enrollment and amounts may vary.

Registration of alimony

First, the wife should try to negotiate with her husband about concluding an agreement on the payment of alimony. If he refuses to provide financial support for the mother and/or child, he will have to file a claim in the magistrate’s court at the place of registration of either party (clause 4 of article 29 of the Civil Procedure Code).

Despite the fact that the application allows you to request maintenance for the mother and baby, the authority will set different amounts of alimony for each of them.

Download for viewing and printing:

Article 29 of the Civil Procedure Code of the Russian Federation “Jurisdiction at the choice of the plaintiff”

Collection procedure

There are two options for receiving alimony:

1. The parties reach mutual agreement, draw up an agreement and have it certified by a notary;
2. The payer refuses the proposed terms or avoids supporting his wife and children, and legal proceedings begin.

On a note! Bailiffs are responsible for the implementation of the transfer of alimony. Information about a citizen’s alimony obligation is transmitted to the accounting department at the place of employment. To transfer the established amount, the accountant deducts the payment amount from the salary.

If the husband agrees to help

To draw up a contract, the parties must present:

• certificates of marriage and divorce;
• passports of both parents;
• birth certificates for each child.

The agreement must be certified by a notary, otherwise it may be declared invalid. If controversial situations arise, this document will play the same role as a writ of execution issued by the court. To confirm that money has been credited, the recipient must prepare confirmation notes.

If the husband refuses to provide financially

When the spouse did not want to peacefully agree on payments, the mother has the right to file a claim to recover alimony for her own maintenance. To do this, in addition to the application, you must additionally provide:

• certificates of marriage/divorce;
• children's birth certificates;
• certificate of income of the plaintiff;
• a list of expenses for yourself and your child for the month.

The last point is confirmed by additional papers - a medical report recognizing the child or mother as disabled, a certificate from a doctor, a bill from the housing office, etc.

Important! In cases involving the collection of alimony, the filing fee is always paid by the defendant.

Drawing up an application

In both cases, the application contains basic information regarding the payment regulations:

• amount and frequency of payments;
• indexing order;
• sanctions for violation of agreements;
• method of delivering money to the recipient (bank or postal transfer, etc.).

The statement of claim contains the following information:

• name of the site that accepted the request;
• information about the plaintiff, defendant and child;
• text part with a description of the situation that has arisen and the requirements put forward;
• a list of documents attached to the claim;
• date of application and signature of the plaintiff.

Attention! The court is given 1 month to review the submitted papers and respond.

Sample statement of claim for alimony for a wife on maternity leave

Attached documents

The list of additional papers is determined based on the monthly needs of the plaintiff and the common child. The maintenance should cover the basic costs of:

• clothes and shoes;
• food products;
• payment of housing and communal services and other fees;
• treatment and purchase of medicines, etc.

When child support is not due to the mother of a child under three years of age

The mother's claim may be rejected if the fact is proven:

• woman's adultery;
• short period of marriage (less than 1 year);
• unworthy behavior (drunkenness, drug use, etc.);
• entering into a new marriage;
• mother's commission of an offense.

Also, a woman loses the right to payments after completing maternity leave.

When a wife loses the right to alimony from her husband

Payments may be canceled if the mother loses the appropriate basis. They are listed in Art. 92 and 120 SK. For example, payments stop:

• when the child reaches 3 years of age;
• if the wife’s health improves, her disability is canceled, after which she is recognized as able to work;
• in the event of the death of a child;
• after a woman enters into a new marriage;
• if a woman is negligent in caring for the child.

The payment may also be reduced if:

• the payer has other persons who are supported by him;
• the father's official income will decrease.

Download for viewing and printing:

Article 92 of the Family Code of the Russian Federation “Release of a spouse from the obligation to support another spouse or limitation of this obligation for a period of time”

Article 120 of the Family Code of the Russian Federation “Termination of alimony obligations”

Arbitrage practice

As a rule, child support and mother support on maternity leave are requested more often than on other grounds. The decisive factor is the presence of blood relationship between the child and the payer, the official registration of the union, as well as the fact of cohabitation and relationship between the plaintiff and the defendant.

On average, a woman can receive no more than 6,000 rubles from her husband for her own maintenance during maternity leave.

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Watch a video about spousal support during maternity leave

Alimony for a wife on maternity leave: is it due, in what amount and how to collect

Husband and wife are required by law to help each other financially. This obligation is given to them by Article 89 of the Family Code of the Russian Federation. The wife, while on maternity leave, is virtually deprived of the opportunity to earn money on her own - all her free time is devoted to caring for the baby. The husband's earnings become the main source of income during maternity leave. Unfortunately, not every spouse agrees to provide for their family during this difficult period of time. In the event of such a refusal by the husband, it is possible to recover alimony from him for his wife on maternity leave. We will examine in detail all the details of the question of how to do this.

Law on alimony for a wife on maternity leave

The only regulatory act providing for the collection of alimony for a spouse on maternity leave is the Family Code. No other law regulates such issues. Cases of collection of alimony for existing spouses are discussed in detail in Article 89 of the Code. In addition to establishing alimony for maintaining a wife on maternity leave, the law defines alimony for:

• pregnant wife;
• a husband or wife who is unable to work for a number of reasons and needs financial support;
• a spouse in need of financial support, caring for a child with a disability until he is eighteen years old, and with a disability of group I - indefinitely, until he recovers his health.

Article 90 of the Law describes cases of collection of alimony for the maintenance of a husband or wife after a divorce. The grounds for assigning payments are approximately the same as for existing spouses. Two clarifications are added:

• in the event of the ex-wife’s incapacity to work, alimony can be established only when her incapacity to work occurred either during the marriage relationship, or no later than one year from the date of the official divorce;
• in case of retirement of the former spouse and his need for financial assistance, provided that five years have not yet passed after the divorce.

Judicial practice shows that alimony for a child and wife on maternity leave is collected much more often than on other grounds provided by law.

A mother who cares for a child until he is three years old can apply for alimony both while in a marital relationship with her husband and after the divorce. At the same time, the very fact of registering a marriage union is strictly mandatory.

Cohabitation between a man and a woman without a stamp in the passport does not entail any legal obligations and rights, including regarding financial support for each other.

Collection conditions

A woman caring for a child under three years old can obtain payments from her husband for her maintenance under the following circumstances:

No.	Prerequisites	Note
1.	The fact of official registration of the marriage union in the registry office.	It does not matter whether the marriage relationship is currently preserved or not.
2.	It is possible to collect payments only when caring for a joint child.	There must be a blood connection between the baby and his mother's spouse. The law does not establish a mandatory circumstance for the birth of a child during the period of his mother and father being in a marital relationship. In this regard, if the blood relationship is not confirmed by the birth document of the baby, the fact of relationship is recognized through the court.
3.	The period for exercising the right is until the child is three years old.	The only exceptions are cases where a mother cares for disabled children under 18 years of age, and if the child has a Group I disability, then the payment terms are not established by law.
4.	A woman’s need for financial support from her husband or ex-husband.	If a woman, in addition to state benefits, has other decent sources of income that can fully satisfy her needs, then the court will most likely refuse to award payments.
5.	The husband's financial ability to provide financial support to his wife.	The court also takes into account the man’s financial situation and assesses his solvency.

All these circumstances are considered by the judge without fail when resolving each case of alimony for a mother on maternity leave.

Thus, the following may apply for payments for their own maintenance in connection with child care:

• wives raising a child with their husband until he is three years old;
• ex-wives raising a child with their husband until he is three years old;
• wives, as well as ex-wives, caring for a common disabled child of group II, III until he comes of age;
• wives and ex-wives caring for a shared group I disabled child until he is restored to health and ability to work.

The list of categories of persons is exhaustive.

Collection procedure

There are two ways to obtain financial support from your spouse for your own support:

• having drawn up an agreement with a notary on a voluntary basis;
• defending their interests in the courtroom.

If the husband agrees to provide financial assistance

The agreement becomes relevant when the husband conscientiously treats his family responsibilities and does not refuse to help his wife financially, but at the same time, the conflicts that have arisen between them on a financial topic cannot be resolved orally.

In the agreement, the spouses themselves establish the amount of assistance provided, the terms, and also prescribe force majeure circumstances. The document must be certified by a notary office. If this requirement is not met, the agreement will be considered invalid.

Before concluding a voluntary agreement, a notary has the right to demand from the husband and wife the following title documents:

• passports of each of them;
• birth certificate of a common child;
• marriage or divorce document.

From the moment such an agreement is executed, the husband begins to fulfill the financial responsibilities specified in it.

As confirmation of the fact of providing assistance, he can take away from his wife receipts for payment of alimony on maternity leave.

 If the husband fails to fulfill the terms of the agreement, the wife can turn to bailiffs to open an enforcement case, since the executed document has the force of a court decision.

If the husband refuses to provide financially for his wife

In this case, there are no other options other than going to court for help. A woman raising a child under three years old submits a claim to the court at her place of residence, attaching the following documents:

• your passport;
• marriage or divorce document;
• birth certificate of a child shared with her husband;
• original certificate of available income, confirming the woman’s inability to fully provide for her usual needs;
• original certificate of earnings of the spouse (if available);
• a list of monthly expenses for your maintenance.

As a general rule, all claims are sent to the court district where the defendant lives.

Since the mother is caring for minor children and in most cases has difficulty filing a claim in another court district due to territorial distance, the law allows the process to be initiated in her own court district. Such an exception is contained in Article 29 of the Code of Civil Procedure of the Russian Federation, or more precisely, its paragraph 4.

In the statement of claim, it is important to reflect the fact of the spouse’s refusal to voluntarily provide assistance during maternity leave, to determine a specific amount in monetary terms based on the degree of need, and to reflect all the important points in the case. The claim contains:

• name of the court district where it is filed;
• information about the plaintiff, passport details, registration;
• information about the defendant-father of the child;
• the material price of the demands put forward in rubles;
• in the descriptive part: in connection with what payments are collected, how old the child is, what income the mother has, how much money is needed for a full-time living;
• in the operative part: the requirement to collect payments for own maintenance before the child turns three years old;
• list of documents attached to the application;
• number and personal signature (download here).

The claim is drawn up in three copies: for the judge and for both parties. All copies of documents are submitted in the same quantity.

If the claim does not make demands regarding recognition of paternity or deprivation of parental rights, then it is filed in the magistrate’s court. If such demands are made, the application must be sent to the district court. The deadline for making a decision on the case is one month. If the work schedule of the panel of judges is not very busy, the verdict can be rendered in a shorter period of time.

It is important to note that if the child’s mother does not have material means of support until the court decision enters into legal force, then she can apply for this in accordance with Article 108 of the Code.

Amount of alimony for wife on maternity leave

The Family Code determines that for a wife raising a child, alimony is collected by the court only in the form of a fixed amount of money.

It is impossible to demand financial assistance for your own maintenance in the form of a percentage of your husband’s earnings.

When determining the amount of payments, the court pays due attention to studying the financial situation of both the husband and wife separately, their marital status, and the presence of other dependents.

The amount of alimony, if the mother is on maternity leave, cannot be higher than the amount of money necessary and required by her to satisfy her usual needs.

Of course, the most ordinary needs are taken into account within reason. We are not talking about the costs of going to beauty salons.

To determine her need, a woman makes a monthly list of expenses for herself. It includes expenses:

• for food;
• for clothes and shoes;
• to pay for utilities, gas, electricity, major home repairs, garbage removal;
• to pay for home Internet and television services;
• to pay for travel on public transport;
• to pay for her own treatment and purchase medications, if she needs it as prescribed by her attending physician.

The list is not exhaustive. In each situation, the list of expenses may be supplemented depending on a number of compelling circumstances. The list of expenses does not include monthly expenses for the child, since they are the subject of a dispute in another claim.

The total amount of all monthly expenses for own maintenance will be the declared price of the claim. In each case, the court assigns different amounts of alimony for the maintenance of the child’s mother, taking into account the needs.

The law does not establish any limits or restrictions.

If one mother does not have enough 10,000 rubles a month for a full-fledged living, then the other has the right, taking into account her own needs, to claim the entire 15,000 rubles.

When does a wife lose the right to alimony from her husband?

When examining the topic of whether a wife is entitled to alimony on maternity leave, one cannot help but answer the question in what cases the court does not order payments to her. All cases are provided for in family law, namely in Articles 92 and 120 of the Code. A wife automatically loses the right to financial support from her husband or ex-husband under the following circumstances:

• when the baby is three years old;
• due to his obscene and inappropriate behavior in the family;
• due to the short duration of the family union;
• in case of divorce and entry into a new official marriage, concluded in the registry office;
• in the event of the death of a child;
• in the event of the death of the husband;
• in the event of one's own death.

There are no other grounds depriving a woman of the right to payments from her spouse. If some of the listed circumstances exist, the husband must indicate them in court at the very beginning of the proceedings, giving reasonable arguments.

Thus, the collection of alimony for a wife on maternity leave is quite common in judicial practice today. The procedure for considering such cases is regulated by the RF IC. The conditions for assigning payments to support a wife on maternity leave are as follows:

• the fact that a husband and wife are in an officially registered marital relationship, and it does not matter whether this fact was in the past or in the present;
• the child being cared for by the mother is not older than three years;
• a child raised by a wife is a common child from her husband, and it does not matter whether he was born during marriage or after divorce.

When deciding on the issue of establishing payments for the child’s mother, the court takes into account the family and financial situation of both the husband and the father – each individually.

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Alimony for the maintenance of a pregnant wife: conditions for the collection of alimony by a pregnant wife during marriage and after its dissolution + sample statement of claim

The current family legislation of the Russian Federation establishes the obligation of both spouses upon marriage to provide mutual material support (Part 1 of Article 89 of the RF IC). Part 2 provides for cases of protection of this right. These also include alimony for a pregnant wife .

The collection procedure, the rights and obligations of the parties in court proceedings and the amount of payments are established in particular by the Family Code (Articles 89-90), the Civil Code, the Federal Law “On Enforcement Proceedings” and other legal acts.

The legislative premise is that if a woman is pregnant or on maternity leave to care for a child born together, and her husband refuses to help her, then she can recover alimony through the court.

The voluntariness of marriage between a woman and a man, as well as the equality of spouses, together imply equal responsibility and rights in relation to themselves and their children.

In addition, Art. 89 of the RF IC directly establishes the obligation, and not the desire, to financially support the spouse. This circumstance has nothing to do with the level of income, material well-being or ability to work.

Historically, in most cases, the man is responsible for implementing alimony obligations in the family. However, the legislation provides for mutual material support.

This rule applies only to spouses who have officially registered their marriage. This provision does not apply to persons living together (in a “civil marriage”).

Grounds for payment of alimony

If the husband evades his responsibilities to support the family during his wife’s pregnancy, the latter can seek protection and restoration of her rights forcibly - by collecting alimony through the court.

This norm is enshrined in the second part of Art. 89 SK.

Married

• One of the reasons why women do not use their right is the common misconception that alimony can only be filed after a divorce.
• A pregnant wife is temporarily disabled and in most cases, in the absence of financial support from her husband, a person in need.
• Need is an evaluative concept that is not limited to any specific fixed size.

This circumstance is determined by the court individually for each case and participant in the process, based on an assessment of total income and costs.

If this status is confirmed, a pregnant wife can apply for alimony, even while legally married.

After divorce

Questions are considered similarly in the case of divorce. Regardless of at what point the fact of pregnancy was confirmed - before the divorce or after - the ex-wife has the right to file a claim for alimony for her maintenance.

The necessary conditions for satisfying the claim are 2 circumstances:

1. The fact of pregnancy confirmed by a medical certificate.
2. Recognition of paternity.

The issue of the plaintiff’s need is also resolved in court, as in resolving disputes about alimony payments between spouses who are married at the time of the application.

Registration of alimony for wife and collection procedure

To collect alimony, a pregnant woman must contact the territorial judicial authority, providing documents confirming her right to receive such payments.

The claim can be filed in the magistrate's court, either at the place of residence of the plaintiff or at the registered address of the defendant. The state duty is 300 rubles.

If a woman is on maternity leave

Art. 90 of the RF IC provides for the possibility of collecting alimony for the maintenance of a former spouse not only during pregnancy, but also after childbirth. The ex-wife retains this right for all three years of maternity leave.

If a woman is on maternity leave, then she is temporarily disabled and, in most cases, has no income. Therefore, the claims will be satisfied without any problems.

It is important to note that if a claim for alimony for an ex-wife on maternity leave is satisfied, this does not relieve the defendant, the ex-husband, from the obligation to pay money for the maintenance of their common child.

Statement of claim for the recovery of alimony for a pregnant spouse

1. The main document on the basis of which legal proceedings are opened is a statement of claim.
2. A claim for the recovery of alimony in favor of a disabled spouse must comply with the requirements of Articles 131 and 132 of the Civil Procedure Code of the Russian Federation.

3. If violations of the requirements of these articles are detected, the application may be returned or left without consideration.
4. The statement of claim must contain information confirming the rights of the plaintiff.

5. Sample claim for collection of alimony for a pregnant woman
6. In addition, you will need to submit the following documents:

• Marriage certificate;
• divorce certificate (if available);
• documentary evidence of pregnancy or birth certificate of the child;
• a document confirming that the woman is on maternity leave (certificate of income from her place of work);
• any evidence characterizing the financial condition of the plaintiff.

During the consideration of the case, the judge may request additional information, at the request of the plaintiff or at his own discretion.

Amount of alimony

Based on the results of the consideration of the case, a decision is made indicating the amount of payments.

To determine the amount of monthly payments, the court is guided by Art. 91 of the RF IC, which stipulates that when determining the amount of alimony, the financial situation and financial capabilities of the parties must be taken into account in a fixed form.

The calculation is based on the cost of living established in the defendant’s region of residence. If there is no subsistence level for the region, the all-Russian indicator is used.

• It is the coefficient by which the cost of living should be multiplied in order to find out the amount of monthly payments that is established by the court.
• Several calculation examples are given in the table.
• Table 1. Examples of calculating monthly fixed alimony payments

Established cost of living in the defendant’s region of residence	The coefficient established by the court decision	Living wage in the Russian Federation	The amount of payment that the wife will receive
8568	125% (1,25)	10328	8568 * 1,25 = 10710
9739	79% (0,79)	10328	9737 * 0,79 = 7693
12857	40% (0,4)	10328	12857 * 0,4 = 5142
–	150% (1,5)	10328	10328 * 1,5 = 15492

When deciding on a fixed payment, the plaintiff’s monthly expenses, for example, for treatment or nursing services, are taken into account as part of the final amount of alimony. The defendant also has the same right to take into account his financial condition.

Cases of refusal in court

The legislation provides for cases in which the court may limit the period of alimony payments for a pregnant spouse or even refuse to grant them. This provision is enshrined in Art. 92 RF IC.

The reasons for refusal to collect alimony are:

• alcohol or drug abuse;
• commission of a crime and admission of guilt;
• short period of marriage;
• unworthy behavior of a spouse applying for financial assistance;
• the absence of family ties between the child and the ex-husband has been proven, which is confirmed.

In addition, the reasons for refusing alimony or reducing the payment period may be the plaintiff’s income from a non-main job: leasing real estate, receiving interest on deposits, rent payments, or the woman entering into a new marriage.

When deciding on the amount of payments when collecting alimony from a spouse in favor of a pregnant wife, the court takes into account the presence or absence of obligations of the defendant to the children.

When payments to support a pregnant wife stop

Payments for the maintenance of a pregnant wife are terminated upon the occurrence of the circumstances listed in Art. 120 IC RF.

These include:

• death of the plaintiff (wife);
• death of the defendant (husband);
• ex-wife entering into a new marriage;
• recognition by the court of restoration of working capacity (completion of maternity leave);
• identifying facts of changes in financial situation that exclude the need for help.

According to these reasons, payments can be stopped automatically after a set date - death, or before the end of the payment period by a court decision - a change in the level of financial status, the conclusion of a new marriage.

Execution of the decision on collection

Legal proceedings regarding alimony must be completed within a month from the date of filing the claim. After this, if the decision is positive, they receive a writ of execution, which is transferred to the bailiff service, where enforcement proceedings are opened.

The bailiff service transmits a writ of execution to the place where the defendant receives income, from which the accounting department forcibly withholds the amount of alimony determined by the decision in favor of the plaintiff.

If alimony is not paid, an additional penalty can be collected. The penalty amount is 0.5% for each day of delay (Article 115 of the RF IC).

Important circumstances that should not be forgotten

It is always better to resolve any issues peacefully, without bringing the matter to court. Moreover, such an opportunity is provided by the legislator by drawing up an agreement on alimony, certified by a notary.

If there is no such document, and it is not possible to voluntarily obtain help from the current or former spouse, then the issue requires a decision in court.

It is recommended to pay attention to the following points:

1. If possible, contact a competent lawyer to draw up a statement of claim, who will take into account all the nuances of the case as much as possible and minimize the risk of refusal to satisfy the claims.
2. Try as much as possible to prepare documents describing your financial status and monthly expenses - checks, receipts, medical reports.

The Family Code regulates legal relations between spouses in an officially registered marriage. In the case of civil cohabitation between a man and a woman, there is no obligation for material maintenance, and, therefore, no alimony payments.

Alimony for the maintenance of a pregnant wife: calculation, terms of collection

Russian legislation regulates legal relations, namely the rights and obligations between spouses, as well as former spouses. Legal regulations oblige spouses to financially support each other.

The concept of alimony is more familiar to us in relation to minor children, which are mandatory and undeniable. However, not everyone knows that a woman also has this right, and it belongs to a separate category of payments.

Therefore, there are many legal nuances here.

Only those women who have permanently or temporarily lost their ability to work can claim their maintenance.

The category of such persons includes a pregnant woman who cannot provide for herself due to carrying a child and after its birth until the age of three, provided that the child is healthy.

A pregnant woman who is married can obtain permission to pay alimony only if her husband does not provide her with enough funds to meet her vital needs. The only reason for refusing to accrue such assistance is if a woman is carrying someone else’s child.

Grounds for maintaining a pregnant wife

The legal basis for maintaining a pregnant wife, including the settlement of other issues regarding alimony, are regulated by the Family Code. Chapter 14 describes in detail the provision for maintaining a pregnant wife. So, according to these provisions of the law, a pregnant woman has the right to demand financial support from her husband, subject to the following conditions:

• Article 48 stipulates that a woman is entitled to support if she is bearing a common child and has the right to demand from her husband or ex-spouse financial assistance in the form of alimony for herself and for the child after his birth.
• In order to demand alimony from your spouse, you must be officially married to him or have been previously married. That is, Article 89 of the Family Code requires official confirmation of marriage registration. No cohabitation or so-called civil marriage is a reason for maintenance payments.
• If a pregnant woman legally demands payment of alimony, then the fact of such needs must be proven. After all, the husband in court can claim the opposite, that he is fully fulfilling his duties, even if this is not true. In this case, the wife needs to support her testimony with receipts for purchases made, recommendations from a doctor, or hospital extracts.

Referring to the legislative regulation of family relations, the first thing that is most important before filing a claim for alimony is the registered relationship and the fact of recognition of paternity.

After the birth of a child, a woman can demand payment not only of alimony for her own maintenance, but also for the child, while the amount calculated for children should not decrease in any way.

That is, if your spouse infringes on your rights, limits you in your financial capabilities, which can directly affect your health and psycho-emotional state, then know that the law is on your side and you can take advantage of this situation.

Documents for processing the collection of funds

If during pregnancy you need financial support from your spouse on legal grounds, then in order to consider your case in court you must provide a package of the following documents:

• applicant's passport;
• certificate of family composition;
• marriage or divorce certificate;
• birth certificates of children (if any);
• certificate of income of the applicant;
• certificate of income of the spouse or former spouse;
• pension certificate or certificate of disability (if the applicant is disabled);
• confirmation of payment of the state duty (receipt);
• bank account details;
• a certificate from the clinic stating that the woman is pregnant and is not able to work.

During the consideration of the case, bailiffs may require additional documents if it is impossible to make a decision without them.

All of the above documents are submitted to the court, the office department. You must provide both originals and copies. All documents must be accompanied by a statement where the woman must explain in detail the reason for the claim, its importance, the degree of financial disadvantage and how this affects her situation.

The court considers the received application along with the documents within 5 days. After which, either a positive decision will be made, or all papers will be returned to the plaintiff, due to refusal due to lack of grounds for collecting alimony or violation of the law. In some cases, documents may be returned due to their inconsistency or insufficiency.

Then the woman can apply again.

Determining the amount of payments

The amount of payments is determined strictly by court decision, unless, of course, the spouses come to an amicable agreement. The legal regulation of family relations, namely the Family Code of the Russian Federation, has established special rules for the calculation or recalculation of material payments and alimony.

Their size depends largely on the financial status of the defendant and the physical condition of both spouses, no matter current or former. The amount of alimony for a pregnant woman is no more than 12.5% ​​of the spouse’s total income.

After the birth of a child, during the period of caring for him until the age of three (if the child is healthy), a pregnant woman has the right to receive no more than half of the established amount for the child. However, it is necessary to take into account the fact that if there are more children in the family, the amount of payments will automatically decrease.

This rule also applies to the situation if a spouse pays alimony to children from another marriage. In this case, the calculation will be made based on the amount available at free disposal.

When calculating the permissible level of payments by the court, the cost of living for a given region of the country is taken into account. This rule can also be used for further recalculation of alimony.

Methods for collecting alimony

Both in theory and in practice, there are several ways to transfer alimony. If the spouses cannot come to a mutual decision on payment and receipt of funds, then the court makes the decision for them. Alimony can be paid in the following form:

• A fixed amount each month on certain days or an agreed period, based on the spouse’s financial income.
• A fixed amount each month, which can be divided into several payments.
• The indicated amount will be taken into account as the share in the property is accumulated.
• Other methods by agreement of both parties.

The transfer of funds itself can also occur in different ways, by agreement of both parties and their convenience, without limiting each other’s rights. This can be a non-cash transfer to a bank account, transfer by mail, transfer through third parties, etc. It is very important here to retain all confirmed documentation of the transfer of funds so that new disputes do not arise on this basis in the future.

Mutual agreement

A mutual agreement is the fastest way to resolve a pregnant spouse's claims.

If the spouses want to bypass the long legal process of concluding legal alimony payments to the pregnant wife, then they need to contact a notary, who has already made a decision on the amount and timing of payment.

The document, in addition to the amount and date of payments, must take into account the fact of termination of payments, the method of transfer and other circumstances that may affect material payments and their receipt. If the spouse fails to comply with the legal action of such a document, he will be obliged to defend his rights in court. A decision made that is not in his favor may lead to administrative or criminal liability.

Compulsory decision through court

If the spouses cannot agree amicably, then the pregnant wife can only resolve the issue of alimony through the court. The claim and all necessary documents are submitted to the magistrate's court. If everything is in order with the documents, then it takes about a month to consider the claim, sometimes more.

During this time, the judge considers the complexity of the situation, the reasons for filing such an appeal to the court and the situation of the family as a whole. After the allotted period has passed, the claim is either approved or rejected.

If the statement of claim from the pregnant wife has been approved, then it is sent to the bailiffs, whose task is to draw up a court decision and enforce it.

If the spouse ignores this decision made by the court in every possible way, then administrative or criminal liability may be imposed on him. Subsequently, this will still lead to full reimbursement of the amount of debt from the date the court decision enters into force.

Terms of payments for the maintenance of a pregnant woman

We have already figured out that a pregnant woman has the right to receive alimony, and in what cases.

However, how long can she receive them? A woman has the right to receive alimony during pregnancy and after childbirth up to 3 years of age, provided that the child is healthy, up to 18 years of age if the child is disabled in group 2 or 3, and until the end of life if the child is disabled in group 1 and requires constant care and assistance. . It all depends on the specific situation and the woman’s ability to work. After giving birth, a woman can file a claim for child support if her husband does not help financially in any way.

Judicial refusal to grant alimony

Despite the fact that a wife is recognized as incapacitated during pregnancy, the husband may, under certain circumstances, be exempt from paying alimony or receive a relaxation in the amount and timing of payments. So what might this include:

• short period of stay of spouses in marriage, for example, one month. This point is considered individually at the discretion of the judge;
• the husband is not the father of the child the woman is carrying;
• commission of a crime by the spouse;
• immoral behavior of the wife: neglect of marital duties, abuse of alcohol or drugs, infidelity;
• the spouse has her own income, for example, rents out real estate, has a deposit in a bank, works part-time;
• if the pregnant woman is the ex-wife and she has remarried.

A man can receive a relaxation in the payment of alimony if he presents evidence of a low income, that is, even if he agrees to pay it, he does not have the financial ability to do so, for example, his salary is equal to the subsistence level.

Here the court will be forced to make an unsatisfactory decision for the pregnant wife, but this does not mean that if her income changes, she will not be able to file a claim again. But automatic termination of payments occurs as a result of a miscarriage or death of a spouse.

Thus, if you are in a position and your legal spouse limits you in meeting vital needs that can directly affect the health of the mother and child, then you have the right to demand financial assistance from him, even after a divorce, if paternity is proven.