Do I need to apply for alimony during a divorce?

In order to thoroughly understand whether individuals who have a common child and are married can get a divorce without alimony, it is necessary to carefully analyze the following points regulated by the Family Code of Russia:

1. The child's right to child support. First of all, it is worth understanding in what cases a minor individual is entitled to alimony monetary support, which is withheld monthly from the income of one of the parents or both. A child has such a right if his father or mother does not provide him of his own free will. And whether the parents are officially married or have divorced has nothing to do with the calculation of alimony benefits.
2. The right of adult children to child support. Some parents do not know that in certain cases their child, who is already an adult, is also entitled to child support benefits, and do not formalize this procedure. A similar privilege is provided for individuals who are disabled people of the first group. Thus, if one of the parents does not provide for an adult disabled child, then the second parent can safely file for alimony, even if the marital relationship is not broken.
3. The right of spouses to withhold alimony . According to the norms of family law, an individual who is responsible for caring for a child diagnosed with a disability is entitled to monthly payments for their own maintenance from the budget of their spouse. As a rule, most potential recipients of alimony believe that during a divorce, the right to collect material assets of this kind is extinguished. However, this is actually not the case. Therefore, the withholding of alimony intended to provide for spouses is not affected by whether the marriage between them is dissolved or not.

Fact

If an adult child independently applies for alimony benefits through the court, then the executive body does not take into account the current relationship between his parents. Accordingly, an individual can safely apply for the accrual of monetary compensation, and if it is not necessary, then no action needs to be taken.

Who has the right to claim alimony?

Chapters 13-15 of the RF IC indicate persons who are endowed with this right. These include:

• parents, guardians, trustees - collection of alimony in favor of a minor or adult incapacitated child;
• spouse - implementation of rights and obligations for mutual maintenance;
• minor brothers and sisters – collection of alimony from adult able-bodied brothers or sisters;
• minor grandchildren – collection of funds from grandparents;
• grandparents – alimony payments from able-bodied adult grandchildren;
• stepfather, stepmother - the implementation of responsibilities for their maintenance is assigned to stepsons, stepdaughters;
• actual educators – collection of child support from able-bodied adult pupils.

Note! A person who actually raised and supported a child for less than 5 years, or performed his duties improperly, cannot claim financial assistance from his pupil.

Alimony as a way to provide a child with a decent living

Is it necessary to apply for alimony during a divorce? Every parent who believes that they cannot independently provide their children with everything they need has the right to file for child support.

However, not all parents believe that this issue should be resolved in court.

Spouses can verbally agree on financial assistance or draw up a peace agreement under which one of them will voluntarily pay monetary compensation.

The current legislation pays special attention to the rights of the child.

By refusing to exercise their right to make payments for personal reasons, the mother or father thereby deprives the child of the necessary financial support.

In some cases, ex-spouses file a lawsuit immediately after a divorce, demanding the maximum amount of payments. Often the main reason for demanding alimony is not the difficult financial situation of the mother, but the desire to take revenge on her ex-husband for a broken marriage.

Sometimes fathers of children left with their mother independently go to court to formalize obligations. There may be several reasons for this:

1. If the father paying child support from his first marriage has other children in his new family. When registering obligations for children from a new wife, the amount of payment for the first child will be significantly reduced.
2. If the father has debt on loans, he can initiate the assignment of child support obligations to him. Considering the fact that, according to the law, more than half of his salary cannot be withheld from the debtor, the loan deduction from the father of one child will be halved. If the debtor is the parent of three children, all 50% of the income will be alimony, since these obligations, according to the law, are fulfilled first.

Is it possible not to file for alimony during a divorce?

According to Article 106 of the Family Code, a parent who is dependent on minor children has the right to demand alimony from a spouse, but this measure is not mandatory. If the mother believes that she can manage without the help of her ex-father and the children will not need anything, she may not apply for alimony after the divorce.

However, guardianship authorities are faced with situations when the mother experiences financial difficulties, but does not want to apply for alimony.

In this case, representatives of government bodies have the right to demand from her documentary evidence that the father of the children regularly transfers or transfers funds for the maintenance of the children.

As evidence, the mother can provide receipts, bank statements, receipts, etc.

Some wives believe that the father's low income, lack of a stamp in his passport, or other factors may be the reason for his release from obligations. According to the law, the mother has the right to demand child support even if:

• the child’s father does not have an official place of work (more details in the article: child support if the father does not work officially: amount of payments);
• father and mother were not married;
• the defendant is deprived of parental rights;
• information about the father is not indicated on the birth certificate.

Alimony ordered by the court: legal consequences

If, after a divorce, a parent decides to demand alimony from his ex-spouse in court, he must decide in what order the penalties will be imposed. The law provides for writ and claim proceedings, which have significant differences.

Writ proceedings involve consideration of an application from the plaintiff, after which a court order is issued. This option is simpler and does not require the presence of the defendant and plaintiff in court. The procedure is carried out in a short time directly by the judge. After considering the application, a court order is issued and sent to the bailiff service.

However, there are several conditions for consideration of an application in writ proceedings:

• The defendant did not express a desire to challenge the requirement to collect obligations in favor of the children.
• Alimony is assigned for the maintenance of minor citizens. It will not be possible to collect alimony for the maintenance of a wife on maternity leave or an adult incapacitated child in this way.
• Alimony is assigned only as a share of income or wages (25% for one child, 33% for two children, 50% for three or more). Other types of payments cannot be assigned in this way.

Is it possible to collect alimony from lottery winnings?

If an application for the collection of alimony in writ proceedings could not be filed, it is necessary to file a lawsuit. Claim proceedings are much more complex and involve proceedings with both parents present.

The advantages of this procedure include the opportunity to resolve controversial issues between the father and mother of the children, as well as to assign payments not only as a share of the salary, but also in a fixed amount or in a mixed form.

The result of the process is the issuance of a court decision (in claim proceedings) or an appropriate order (in writ proceedings).

If the result does not suit the defendant or applicant, they can appeal it within the time limits established by law (10 days for appealing an order, 1 month for a court decision).

After the expiration of the period, the documents enter into legal force and are handed over to the participants in the process.

The court order is accepted by the bailiff service to fulfill the assigned obligations. The court decision must be taken to the court office, where they will draw up and issue a writ of execution, which must be handed over to the bailiff.

Voluntary payment of alimony

To receive money from your ex-spouse, you do not have to file for alimony in court. If a good relationship remains between the spouses, they can resolve this issue on their own, by mutual agreement.

The agreement can be oral - they jointly decide what amount, how often and how the father transfers to the mother. In these situations, lawyers recommend keeping all payment slips, and if funds are transferred from hand to hand, taking a receipt.

This will help prove the fact of payment and avoid possible problems in the future.

However, it is better to formalize voluntary agreements in the form of a notarized agreement. Of course, you will have to pay for the services of a specialist. But the presence of a document gives both parties guarantees that the agreement will be fulfilled.

Therefore, if the payer begins to neglect his duties or violate the terms of the agreement, there will be no need to go to court with a claim to collect alimony. It is enough to hand over the alimony agreement to the bailiffs.

Also in the agreement, you can formalize a waiver of alimony in exchange for a one-time transfer of a large sum of money or registration of valuable property (usually real estate or a car) in the name of a minor (Article 104 of the RF IC).

In fact, this is the only case when the refusal to receive alimony extends to the entire period of their payments.

The parent’s obligations to the child are fulfilled in full in advance, and child support requirements will not be satisfied in the future.

Important

The amount and frequency of payments are determined by the spouses independently. But they should not be lower than those that the court would award. Thus, it is impossible to prescribe alimony in the amount of 2 thousand rubles if the father’s salary is 20 thousand rubles.

Which is better: a voluntary agreement or forced collection?

Relationships between spouses after divorce cannot always be called complex. In some cases, fathers, despite the fact that they live in another family, pay a lot of attention to their children from a previous marriage. They do not renounce their responsibilities and are ready to enter into a voluntary agreement on the maintenance of minor children.

When drawing up a voluntary agreement, there is no need to participate in litigation; it can be drawn up and certified by any notary. The document must stipulate the conditions, amount and frequency of payments for child support. An agreement certified by a notary becomes legally binding and can be used in court if the parent ceases to comply with the specified conditions.

A voluntary agreement can be used as a writ of execution and transferred to the organization in which the payer works. Based on the received document, the accountant will make payments in the required amount.

How is alimony recalculation carried out for the past period?

Is it possible to collect alimony later?

Refusal to file a claim for alimony during divorce proceedings does not deprive the right to do so later (Article 107 of the RF IC).

If a woman’s position on this issue changes, she can at any time apply to the court with a request to issue a court order or writ of execution. There are no statutes of limitations in this case.

The only limitation is that the right to receive alimony lasts until the child turns 18 years old. The court will accept this application and order payments.

In exceptional cases, the court may order payment of debt for the previous period. But to do this, the plaintiff will need to prove that the defendant refused to fulfill his duties despite repeated attempts to obtain money. Such evidence could be, for example, correspondence or witness statements.

If the court considers the arguments weighty, a decision will be made to repay the debt for the last 3 years.

It should be borne in mind that if during this time even insignificant amounts were received, or the father otherwise participated in the maintenance of the offspring (for example, bought him clothes), the request for the collection of alimony for the past time will most likely be rejected.

You can file a claim to recover money for the past period until the child turns 21 years old. After this, the right to alimony is completely lost. An exception is if, after reaching adulthood, the child is assigned a Group 1 disability.

Consequences of refusing alimony

There are no sanctions as such for refusal of alimony. The law leaves the opportunity for spouses to resolve this issue at their own discretion.

However, if the child’s needs are clearly not fully met - he is hungry, poorly dressed, does not have the toys or school supplies necessary for his age, etc.

- Guardianship authorities may be interested in this issue.

They will conduct an inspection, and if they find out that the family is experiencing financial difficulties, while the mother deliberately refuses alimony, they have the right to initiate collection proceedings themselves.

Benefits of filing for alimony

Taking into account all of the above, filing claims for withholding alimony to the court has a number of advantages that are relevant even if it is possible to resolve the issue out of court.

The advantages of collecting alimony through the court include:

1. A fair determination of the amount of monthly maintenance that meets legal standards and is necessary to support a disabled relative in need.
2. Additional impact on the payer (as practice shows, collection occurs faster and easier with the assistance of a judicial authority).
3. Savings (out-of-court settlement will cost more - about 8,000 rubles, while resolving the issue in court is free of charge).
4. Filing for alimony provides grounds for collecting funds even if the parent does not plan to begin fulfilling his duties (the bailiff service will handle the withholding of alimony).
5. In case of malicious evasion of payment, the debt will be collected from the alimony provider for the entire period from the moment of its formation (if the interested parties have not previously applied to the court, the debt will be collected only for the last three years, after successful proof of the absence of voluntary assistance).

In general, filing for alimony is official evidence that one of the parents is avoiding the costs of maintaining a child. The justice and enforcement authorities take this circumstance into account and take measures to repay the monetary obligation at the expense of the alimony provider’s personal funds.

And on the contrary, by keeping silent about the fact of non-payment, the legal representative of the child or the right holder of alimony himself, from the point of view of the law, has no problems with this and receives everything he needs voluntarily.

How to apply for alimony during a divorce?

According to the Family Code (FC) of the Russian Federation, parents are obliged to support and provide their children with everything necessary until they reach adulthood, which occurs at 18 years of age. The exceptions are cases of emancipation (16 years old) and a teenager getting married. During a divorce, the parent who does not live with the child is required to pay child support.

Assignment of payments in case of divorce

It is impossible to dissolve a marriage if a couple has minor children outside of court. The petition for divorce may include a request for payment. Even if alimony is not mentioned in the lawsuit, the court will definitely touch on this topic, since the interests of the children come first during a divorce.

For the child and the parent caring for him

In addition, child support can be awarded not only to the child, but also to the parent in whose care he remains. There are a number of reasons for this:

• Disability of the person with whom the child lives;
• Maternity leave . If a child under 3 years of age is left with his mother, who is forced not to work in order to raise him, the father is obliged to pay child support for both of them;
• Caring for a disabled child . With 2-3 degrees, funds are paid until the child reaches adulthood. At 1 – for life;
• Pregnancy . In the case when the spouse, being pregnant, herself filed for divorce.

Package of papers

If you are planning to file for divorce and, at the same time, to collect payments for the child, prepare the following documents for filing a lawsuit for alimony:

• Passport with copies;
• Marriage certificate;
• Certificates of children for whom alimony is planned to be collected;
• Certificate of family composition;
• Certificates of income of the parties;
• State duty receipt;
• Statement of claim asking for divorce and alimony.

The court will not decide the issue of alimony only when the divorcing spouses provide an agreement on the amount and terms of payments, certified by a lawyer.

How to obtain alimony without court

The problem of paying alimony can be resolved without the mediation of the judiciary. To do this, parents must stipulate all the related points (size, time of payments, their form) and draw up a kind of agreement - an agreement - certified, without fail, by a notary.

The main principle of drawing up an agreement is voluntariness. Based on this, such an agreement can be concluded not only between the child’s parents, but also between other persons. Thanks to this document, it is possible to agree on the payment of alimony for an adult child who, for example, is receiving a higher education and cannot yet work.

Registration of the contract

An oral agreement between parents is not a legal document. In order for this type of agreement to acquire the force of a writ of execution for the collection of payments, it must be drawn up in writing and, of course, certified by a lawyer.

If the payer fails to comply with the terms and conditions specified in the agreement, the party receiving payments may take the agreement to court, where the defendant will be forced to fulfill its obligations.

Required information

The agreement should include the following points:

• Amount of payments;
• Periodicity;
• Method of accrual of funds;
• Rights to use payments. In this paragraph, you can indicate the creation of a special account in which the money will be stored until the child withdraws it independently, and also indicate who, until the owner of the account comes of age, can manage it;
• Duration of payments;
• Punishment for violation of conditions;
• Additional requirements or conditions.

Change and termination of the agreement

Termination and modification of the agreement are carried out according to the same principle. If both parties agree to change something or terminate the contract, this action is carried out without the help of a court. A new document containing amendments is drawn up and, as usual, certified by a notary.

It is possible to unilaterally make changes to the terms of the agreement only by resorting to court.

How to apply for alimony forcibly

There are two ways to obtain alimony through the court:

• by filing an application for a court order;
• filing a claim.

Court order

• receive alimony in the form of a share of income;
• do not call witnesses to confirm any facts (establish paternity, for example);
• do without the defendant challenging the decision.

In essence, such an order is a simplified collection of payments, so there should not be any complications complicating the matter (disputes about rights and kinship, the need for alimony by a parent, the location of the defendant in another country, etc.).

The magistrate, to whom the application must be addressed in such cases, makes a decision without summoning the parties. The decision is made by a judge within a five-day period, but can be appealed within 10 days. In this case, you have to file a claim.

If the order does not cause any claims from the defendant, it is used as a writ of execution. When payment rules are violated, alimony may be collected based on this court order.

A court order must be applied to the Magistrates' Court. An application drawn up in writing must contain the following information (based on Article 124 of the Code of Civil Procedure of the Russian Federation ):

• name of the court;
• the name of the claimant, information about his place of residence or location;
• name of the debtor, information about his location/residence;
• requirements and grounds for them;
• proof.

Child support begins to accrue from the day of registration of applications for a court order in the court office.

Claim for alimony

If the debtor challenges the court order, or there are other circumstances that do not allow the issue to be resolved according to a simplified scheme (questions about paternity arise, alimony must be awarded in a fixed form, the payer lives abroad, etc.), you should file a claim with the court for the appointment alimony.

Next, you will learn about which court hears alimony cases.

Jurisdiction

A statement of claim requesting the imposition of alimony obligations, as well as an application for a court order, is submitted to the magistrate's court. In this case , you can go to the court located in the area where the defendant or the plaintiff and the child live .

Documentation

The list of documents required to submit to the court is as follows:

• lawsuit;
• a receipt confirming that the state duty has been paid;
• documentary evidence of the fact that the child lives with the plaintiff;
• documents on registration and divorce;
• child's birth certificate, or certificate of paternity (for persons whose marriage was not registered);
• certificate of income of the defendant.

Filing a claim

Examples of a statement of claim for the collection of alimony can be found both in court and, first, on the Internet. This paper includes:

• name of the court;
• information about the plaintiff (full name, address);
• information about the defendant;
• the cost of the claim, equal to the annual amount of payments;
• description of the situation;
• requirements and grounds;
• list of documents supporting the application.

Procedure

The procedure for applying for alimony is as follows:

1. First of all, you need to collect all the documents and make the necessary copies. It is very important to take a certificate of family composition (if possible, not only at the plaintiff’s address, but also at the defendant’s address).
2. The second important step is to compile a list of expenses for the child and calculate the minimum amount of child support. The data must have confirmation in the form of checks, certificates, certificates received from other persons, etc.
3. If the defendant is not officially employed, it is advisable to provide the court with information about the source of his income so that the amount of alimony in a fixed amount is adequate to the circumstances.
4. The verdict that has entered into force must be taken to the office, where, on its basis, you will be issued a writ of execution, which, in turn, is transferred to the bailiffs.

Thus, there are three main ways to collect alimony: agreement, court order and statement of claim. The first of them is based on voluntary consent between the parents, the last two are applicable when it is not possible to draw up an agreement.

Do I need to apply for alimony during a divorce?

When parents divorce, the question of supporting their common children inevitably arises. In each case this is decided individually.

Since minor children more often remain with their mother, it is she who raises issues related to their provision. Often women are convinced that they should apply for alimony during a divorce.

Is it so? To understand in detail, it is worth familiarizing yourself with the existing rules in more detail.

Who can become a recipient of alimony

In Russia, the Family Code stipulates that their parents support their children (Part 1 of Article 80 of the Family Code). Alimony obligations arise from the need to provide the child with funds for his needs, including upbringing and education. The following have the right to recover money for the maintenance of a minor in 2023:

1. The parent with whom the child lives.
2. Guardianship and Trusteeship Service.

Usually the father becomes the child support payer, and the mother becomes the recipient on behalf of the child.

When does guardianship intervene?

The public service, designed to protect the interests of minor citizens, has the right to intervene and file an application for alimony in a certain case if:

• there is no agreement on payments between the parents;
• no maintenance funds are allocated for the child;
• there is no court decision or statement of claim for recovery.

When a child has decent support, as a rule, guardianship is not involved in the case of child support obligations.

Is it necessary to make a demand during divorce proceedings?

The legislation allows the consideration of a divorce case to be combined with the requirements for the appointment of child support. It is not necessary to declare alimony during the process, but it is possible.

Important: you can file a claim at any time even after the divorce procedure is completed – until the child reaches adulthood. Whether it is worth doing both at the same time depends on the specific circumstances. If it is known that the ex-spouse will evade parental responsibilities, it is better to immediately obtain a resolution.

When to file for alimony

This is one of the most difficult questions to answer that a potential payee will seek. What you need to consider: alimony is not calculated automatically; the claimant will have to do the following:

1. Agree peacefully with the payer.
2. Or file a claim and claim it through the court.

It is always better for parents to try to come to a mutual decision. And it is preferable for the recipient, especially if the amount differs significantly from the amount assigned by the court. You can force them to pay later, if the need arises.

Options for receiving alimony

Currently, one of the following calculation methods is used:

• voluntarily, by oral agreement;
• on the basis of a concluded written agreement certified by a notary;
• according to a writ of execution received through the court.

The recipient has a choice.

Is it necessary to submit at all?

If a person pays independently and in full according to the agreed terms, then there is no point in making efforts in advance:

1. Apply to the courts.
2. After completing the collection documents, present them to the bailiffs.

Financial flow may decrease or stop altogether. You will have to wait to receive the money. Even an existing document can be left unused if there is no debt.

If a person voluntarily refuses to bear his share of expenses, he must file.

What other rules apply?

Other applicable regulations should be taken into account:

1. Former spouses can independently determine the procedure, timing of allocation and receipt of funds. The established size should not be less than the volume prescribed by the court.
2. Parents have the right to change the terms of the agreement whenever they want.
3. An oral agreement does not have the force of law.
4. A written notarial agreement is the same executive document. It can be presented to the bailiffs.
5. The court has the right to establish the amount of payment based on the actual circumstances - at the first appeal and all subsequent ones. Any party – the recipient or the payer – can file a claim to change the terms.
6. The payment is not necessarily determined by a percentage of income; under certain circumstances, a fixed amount may be established, or a mixed form may be used.

In addition, a writ of execution can be requested in different ways.

How can I obtain a collection document?

There are different ways to get it:

• apply for a court order. The decision will be made without the presence of the parties. Suitable when there is no challenge to paternity or the need to establish it, and the participation of third parties is not required. Liabilities will be established according to the existing standard - a percentage of earnings. The amount of the recovered share depends on the number of children;
• submit a corresponding claim to the court. It is necessary to resort to this method if a requirement is made for a fixed amount of payments, when paternity approval is required, or when third-party participants are required to be involved in the process.

The document must contain the essence of the requirement. At the bottom of the text is a list of attachments - for example, a copy of the child’s birth certificate, a certificate of cohabitation.

Important: you are allowed to submit an application if alimony was not paid by agreement (Article 107 of the Family Code). Otherwise, it is necessary to demand changes to the concluded conditions.

From what day are they collected?

Alimony is assigned not from the date of divorce or receipt of a decision that has entered into force, but from the moment of appeal to the judges (Article 107 of the Family Code). That is, the period for consideration of the case does not reduce the collection period.

After presenting the writ of execution to the bailiffs, the amounts due will be withheld from the payer until the debt obligations are fully repaid, regardless of the child’s age, although payments must be accrued until the age of 18, unless otherwise established by the court.

For some reason, many people believe that an application to establish alimony payments must be filed within three years after the divorce. No, the specified period applies in other circumstances.

Or evidence has been presented that collection measures were taken, but the debtor evaded payment (Part 2 of Article 107 of the Criminal Code).

It makes sense to go to court if three years have passed and the parent has not actually paid anything. If the second parent has receipts for the transfer of funds, sales receipts, payment documents confirming expenses for children, the collection will be refused. In exceptional cases, the court may decide on recovery beyond the three-year period.

Only a person familiar with all the circumstances of the case can give full advice on whether it is correct to file an application for alimony immediately during a divorce. You will still have to make the final decision yourself.

To apply for alimony or not: pros and cons

When the relationship between a husband and wife with children deteriorates, one of the first questions that arises is alimony. Should you apply for alimony? How many people, so many opinions. Let's try to look at the problem from all sides.

Legislation and psychology

The Family Code of the Russian Federation establishes that each parent is obliged to support his child. If dad left the family, this does not mean that he can forget about the existence of his child. You can divorce your wife, forget the mother of your child. But a son or daughter cannot be forgotten, either from a moral or a legal point of view.

In practice, many mothers are in no hurry to file for alimony during a divorce. The reasons may be different. The most typical of them:

1. The relationship between the child's parents is good. There is a verbal agreement to pay money. The father himself allocates the necessary amount of funds so that, for example, his son does not need anything. Many mothers in such a situation say: “I’m afraid of ruining the relationship, so I don’t file for child support.” Of course, if the father finds out that he has become a defendant in a child support case, he most likely will not be happy. But the mother cannot jeopardize the interests of the child by agreeing to payments by oral agreement. If in this case you do not apply for alimony, then sooner or later you may lose your payments. An agreement “formalized” in words means nothing from a lawyer’s point of view. It all depends on the father’s goodwill: he wanted to, he paid the money; he wanted to, he didn’t pay. It is also impossible to set a specific amount of payments. There is no need to be afraid. If a man is adequate, then he will understand that the fact of the existence of alimony obligations must be formalized in a document. The easiest option is to go to a notary and draw up the appropriate agreement.
2. The ex-wife does not believe that her ex-husband will be able to make payments. In this situation, psychologically there is a certain mixture of pity and despair. On the one hand, the child’s mother does not want to complicate the situation of a potential payer of funds if he is not very confident on his feet. On the other hand, he does not believe that it will be possible to obtain child support through legal means. Meanwhile, alimony legislation is actively developing. First of all, new ways of influencing debtors are approved at the legislative level. In particular, a method has been introduced to limit the right to drive a car. Very effective for those who are not used to walking. Therefore we must act!
3. Pride. Many women talk about this reason that after the divorce, money for the child was not collected from their husband. How should we feel about this? Hard to tell. Of course, the desire to prove to the “ex” that the mother, left alone with the child, quite successfully copes with the task of financially providing for the family is priceless. But we must not forget that the father is obliged to allocate money for the maintenance of his son or daughter, and not his ex-wife. Therefore, refusing alimony because of pride is inappropriate. The fact that the mother is satisfied with her independence, which actually exists or is imagined, does not matter, you cannot feed the child. But even ¼ of the father’s income will benefit his son or daughter.
4. Reluctance to initiate collection procedures. Many mothers are far from jurisprudence, which is not surprising. In addition, they have enough other problems in their lives even without alimony. But there is a solution to this problem. All you need to do is seek help from a family law lawyer who will be able to prepare and file a claim in court and carry out other necessary actions, including on the issue of supporting enforcement proceedings. Thus, the child’s mother does not need to do anything herself.

The Family Code of the Russian Federation stipulates that the alimony obligation is established:

• voluntarily - by concluding an agreement in notarial form;
• in court - by filing a claim.

Funds can be accrued:

• as a share of income: from 25 to 50%, depending on the number of children;
• in a fixed amount of money, if this option is the most profitable.

Speaking about the last option for calculating payments, it can be noted that it is beneficial to apply for alimony in a fixed amount if the father does not have a stable income.

We would like to add that the amount of alimony may change. It is permissible in a number of situations to demand a change in the procedure for fulfilling an obligation. This can be done by filing a lawsuit in court.

Alimony is a means, not an end

Whether to apply for alimony or not is, of course, a personal matter for everyone. The parent with whom the child lives has the right to do so.

Guardianship authorities are also empowered to initiate a procedure for collecting money in the interests of a minor if the parent is in no hurry to do so.

Undoubtedly, interest will be generated by a situation where the mother clearly does not want to file a lawsuit and demand alimony from the father, despite the fact that the child is in serious need of money.

Some parents, on the contrary, want to quickly file for child support and collect the maximum possible amount. Interestingly, the reasons can be completely different.

First, let's return to the psychological aspects. Some mothers, as already noted, feel a sense of pride in the fact that they cope with issues of financial support for their children on their own, without the help of a second parent.

Others are trying to take revenge, trying to “punish with a ruble” the man for the fact that the marriage broke up. This category of mothers fights for every alimony ruble.

Often, the collection of alimony is the initiative of the father who pays the funds. For example, we can talk about two typical situations:

1. If a husband pays money to support his son or daughter from his first marriage, then it is beneficial for his new wife to also file for alimony. In order, firstly, to reduce the share of income that is collected from the first minor. And, accordingly, save more money in the family budget. This scheme makes it possible to take advantage of the legal provision that states that you can apply for alimony even if you are married. The main thing is to prove that the father does not participate financially in raising the child. This is not so difficult to do, especially if the father himself does not deny this fact. The judge has no choice but to satisfy the claim. Further, the question of reducing the amount of payments for the first child is raised.
2. If the father has loan obligations, and he does not fulfill them very conscientiously, then it is possible to initiate collection of funds from the child in order to somehow “block” the execution of the loan decision, if this occurs. This scheme is based on the provisions of the law that the alimony obligation is fulfilled first. In addition, more than 50% of the funds cannot be withheld from the debtor’s income. Let's simulate a certain situation. Option 1: Dad has a loan debt, but 25% of his income is collected from him in order to satisfy the interests of the child. Thus, you will not have to pay 50% of your salary on the loan debt. Option 2: 50% of the alimony income is collected from the father, the debtor of the loan. In such a situation, the bank will have to wait until the alimony obligation is fulfilled or, at least, until the percentage of alimony payments is reduced.

Do I need to apply for alimony? Is it possible to do without this? Everything depends on the will of the parent with whom the child lives. If in doubt, you can consult with a child support lawyer who will analyze the situation and voice his verdict.

And yet, in most cases, it is better to file for alimony than to refrain from this action.

Is it possible to get a divorce without filing for child support?

A fairly large number of individuals are wondering whether it is possible to get a divorce without filing for alimony. Therefore, this article will focus on exactly this.

In addition, emphasis will be placed on the current legislative framework, and individuals will learn how they need to act in the situation if they want to dissolve their marital relationship, but do not want to file for alimony.

Divorce and alimony

Alimony payments are divided into different categories depending on which relative they are intended to support.

However, the most common type of compensation of this nature is child support, which is collected from the father’s budget.

It should be noted that before a divorce, both parents must fully provide for their minor children. If such actions are not observed on the part of the mother or father, then alimony compensation can be withheld from the income of the corresponding parent even without annulment of the marital relationship.

The legislative framework

In order to thoroughly understand whether individuals who have a common child and are married can get a divorce without alimony, it is necessary to carefully analyze the following points regulated by the Family Code of Russia:

1. The child's right to child support. First of all, it is worth understanding in what cases a minor individual is entitled to alimony monetary support, which is withheld monthly from the income of one of the parents or both. A child has such a right if his father or mother does not provide him of his own free will. And whether the parents are officially married or have divorced has nothing to do with the calculation of alimony benefits.
2. The right of adult children to child support. Some parents do not know that in certain cases their child, who is already an adult, is also entitled to child support benefits, and do not formalize this procedure. A similar privilege is provided for individuals who are disabled people of the first group. Thus, if one of the parents does not provide for an adult disabled child, then the second parent can safely file for alimony, even if the marital relationship is not broken.
3. The right of spouses to withhold alimony . According to the norms of family law, an individual who is responsible for caring for a child diagnosed with a disability is entitled to monthly payments for their own maintenance from the budget of their spouse. As a rule, most potential recipients of alimony believe that during a divorce, the right to collect material assets of this kind is extinguished. However, this is actually not the case. Therefore, the withholding of alimony intended to provide for spouses is not affected by whether the marriage between them is dissolved or not.

Attention! If an adult child independently applies for alimony benefits through the court, then the executive body does not take into account the current relationship between his parents. Accordingly, an individual can safely apply for the accrual of monetary compensation, and if it is not necessary, then no action needs to be taken.

Is it possible not to apply for alimony?

According to current legislative norms, it is not the parent who left the family during the divorce that must pay monthly monetary compensation to support the children, but the parent who does not provide them with financial support.

Thus, even from an individual who lives together with a child, but does not provide money for his maintenance, alimony payments may be withheld.

And from the income of a parent who left the family during a divorce, but regularly allocates material resources to provide for his son/daughter, alimony is not collected.

Based on the above information, it is clear that if individuals are divorced, but the parent who does not live with his children fully fulfills his responsibilities to them, including financial ones, then alimony should not be withheld from his budget. If certain individuals want to get a divorce, and, for example, the child remains to live with his mother, who has no claims against his father and does not want to collect alimony, then payments will not be forcibly withheld.

How not to collect alimony during a divorce

In order to ensure that after the divorce, in the event of refusal to formalize such a process as withholding alimony payments to support the child, the parents do not have problems with the law, it is necessary to perform a number of the following actions:

• Write a receipt. If an individual who, after the annulment of the marriage, will remain living with the children, believes that the second parent is fully fulfilling his duty, and in this regard there is no need to withhold alimony compensation, then all this must be recorded in writing. A receipt is drawn up in which the individual currently living with the children records in writing that he has no complaints against the second parent who was previously married to him, and also does not want to collect alimony.
• Notarize. In order for a receipt issued on behalf of one of the former spouses to be considered a document that has legal force, it must be certified by a notary. After the document is certified, a copy is made and given to the parent who could become a potential payer. If some unforeseen circumstances arise and a charge is brought against the parent who does not live with the child for not paying child support, then with the help of a copy of this receipt he will be able to clear himself of all charges.

In addition, you can easily get a divorce without filing for alimony and without carrying out all of the above actions.

Alimony payments are withheld forcibly only if, on behalf of one of the parents who was previously married, an application was submitted to the court demanding the accrual of these compensations from the budget of the ex-spouse.

Also, alimony is issued in a situation where a husband and wife, who were previously married, decided on their own initiative to do so peacefully. In such a case, after the annulment of the marriage, they draw up an appropriate agreement and take the document to a notary, who eventually certifies it.

The third part of the legislative act states that if, after the divorce, the spouses did not draw up any document regulating the calculation of alimony for their child, but at the same time he was left without financial support from both parents, then the guardianship authorities must take care of him.

This service will forcibly achieve regular deduction of funds from the profits of both the father and mother of a minor individual.

In addition, if individuals are divorced, and one of them does not provide any financial assistance to children, and the second is inactive and does not file for alimony, then the guardianship authorities are also obliged to restore justice.

Is it necessary to file for alimony during a divorce?

Do I need to apply for alimony? The answer to this question is ambiguous. The parent with whom the child remains makes the decision himself. But to avoid making mistakes, listen to an experienced lawyer.

Collection of alimony - a right or an obligation?

Article 106 of the RF IC directly states that a parent has the right to go to court and demand the establishment of alimony payments.

Thus, collecting alimony in court is a right, not an obligation.

At the same time, persons who guard the interests of a minor and are empowered to collect alimony may abuse this right. This happens if the parents have not drawn up a written Agreement, and the child’s mother does not collect child support in court.

In this case, instead of the negligent parent, the guardianship and trusteeship authorities will go to court. This organization has the rights to file a claim and demand alimony from the father or mother, or from both parents.

Thus, the legislator comes to protect the interests of the minor if alimony is not collected, and as a result the child is deprived of proper financial support.

In legal practice, we often encounter parents (more often mothers) who believe that “begging” for alimony is humiliating and beneath their dignity. This position is fundamentally wrong. After all, money is necessary in order to provide normal conditions for the development and upbringing of a child.

Who has the right to claim alimony?

Chapters 13-15 of the RF IC indicate persons who are endowed with this right. These include:

• parents, guardians, trustees - collection of alimony in favor of a minor or adult incapacitated child;
• spouse - implementation of rights and obligations for mutual maintenance;
• minor brothers and sisters – collection of alimony from adult able-bodied brothers or sisters;
• minor grandchildren – collection of funds from grandparents;
• grandparents – alimony payments from able-bodied adult grandchildren;
• stepfather, stepmother - the implementation of responsibilities for their maintenance is assigned to stepsons, stepdaughters;
• actual educators – collection of child support from able-bodied adult pupils.

Note! A person who actually raised and supported a child for less than 5 years, or performed his duties improperly, cannot claim financial assistance from his pupil.

When do you not file for child support?

Alimony may not be collected only in one case - if a minor child receives proper financial support.

It happens that government agencies for guardianship and trusteeship have doubts that the parent is providing adequate financial support.

In this case, you should provide documents that indicate that funds are transferred regularly and in sufficient quantities.

How to confirm that child support was transferred unofficially, we described in this article.

Note! The following facts are not an obstacle to collecting child support:

• the parent is not working;
• the marriage relationship between father and mother is not legalized;
• father or mother are deprived of parental rights;
• for some reason the father is not indicated on the birth certificate.

In the latter case, along with the claim for alimony, an application to establish paternity is submitted.

We tell you how to collect child support from a non-working parent here.

Collection of alimony – an agreement or a court decision?

The issue of financial support for a minor child can be resolved in several ways:

• On a voluntary basis - enter into an Agreement on the procedure for maintaining a minor child. Reach an agreement on all issues - on the terms and amounts of payments, on the procedure for transferring funds and other issues. Draw up a written document and have it certified by a notary. This option is simple, civilized, efficient and reliable. Parents will not have to waste time collecting documents and evidence, drawing up and submitting a statement of claim to the court, or defending their case.
• In court - if an agreement is not reached, or the spouse living separately from the child does not pay alimony, or the funds transferred by him do not cover the needs of the minor, you should file a statement of claim and demand payments in court.

In addition, alimony can be paid voluntarily, without an agreement or a court decision. To do this, the parent paying alimony must submit to the accounting department at his place of work an application to withhold alimony on a voluntary basis.