How to Put Maintenance Out of Marriage — How to Retrieve

Recently, in divorce proceedings, there has been an increase in the number of cases in which maintenance is collected out of wedlock, and we often believe that only children born in officially registered marital relationships are entitled to financial security, but this is a mistake, since all minors must be ensured by their parents; the absence of a stamp on the passport does not exempt the father or mother from parental duties.

Both parents may apply for alimony out of wedlock, depending on who is the minor ' s official representative.

Where to Seek Help

Maintenance of a child out of wedlock can be processed by agreement of the parties or by filing a claim before a court; in any case, it is better to start with expert advice, since the incorrect wording of the application or the lack of the necessary documents may lead to a refusal to hear the case.

Who can help:

1. There are a number of government organizations that explain how to collect alimony from a civil husband, help to file a suit and bring it before the courts, and this assistance is provided by public lawyers and professionals in the city courts.
2. If there is a need for a case-by-case approach and a lawyer ' s personal presence during the trial, it would be better to have the assistance of a private family specialist, and he would tell you exactly how to apply for alimony if the marriage was not registered.
3. Free legal advice is available on the website; a specialist answers all questions 24 hours a day and helps to find the right solution.

In any event, even if the parent evades his or her duties, the court will oblige him or her to pay the necessary material assistance for each minor child. If the court does not comply, the defendant faces the risk of seizure of his or her property, prohibition of his or her travel abroad and administrative liability.

Where to start

First, it is necessary to determine how to recover maintenance for a child born out of wedlock, and the law provides for three options to deal with the question of the maintenance of minor parents regardless of marital status:

1. A peace agreement between the parties.
2. Court-ordered proceedings.
3. A lawsuit.

The important thing is that maintenance in a common-law marriage can be done not only by the child ' s mother but also by the father; maintenance for the mother can be done in the same way as for the father, only in this case will it not be necessary to prove the fact of maternity.

Peace agreement between the parties

In the case of joint custody, parents may agree, in the document the parents state that we have reached a settlement agreement by which child maintenance payments will be made, and a notary must be found to certify the validity of the signature of the document and its legal effect.

What the treaty should include:

1. Such a contract must consist of the parties ' personal information; the child ' s place of residence; the minor ' s representative must report the change of address to the second party.
2. The amount of monthly support, the method of assessment and the conditions for the revision of the amount of maintenance payments may be based on the dismissal of the payer, the child ' s illness, the arrival of dependants, etc.
3. It is also possible to specify the conditions for meetings with the child, such as the total time spent on holidays, holidays, birthdays, etc.

Important: Such a contract must be registered notarized, only then will it have legal effect and may be considered in court as evidence of neglect of parental responsibilities.

Proceedings

If it is not possible to reach an agreement, the spouse may apply to the court for maintenance of the child born out of wedlock, and it is important to take into account the important detail that the mother of the minor must have in her possession proof of paternity for the child in order to apply to the court of the peace.

• A child ' s birth certificate, in which the father ' s name is given in the box, and in this situation the mother will not have to prove paternity.
• The court ' s decision appeared to be if the mother had previously established paternity.

The important thing is that women often ask how to apply for maintenance for a common-law husband, which is possible only if the child is under three years of age and during maternity leave, the father is obliged to provide for the payment of the child ' s and his mother ' s allowances.

How can you recover alimony from a common-law husband if the mother does not have a document to prove that the defendant is a father? She can sue for maintenance without marriage at the same time and establish the necessary fact. In such a procedure, the case will take much less time and save money. It is also possible to establish paternity and then apply for child support.

How to prove paternity:

• The best way to prove it is through a costly DNA test, which confirms a relationship of over 90%.
• Medical examination — this medical report determines the relationship by 50 per cent.
• Testimony is written, confirmed statements by people, such as doctors, teachers, relatives, friends, colleagues, etc.
• Audio and video materials are recordings of the defendant's own claim of paternity.

What's important is that we often neglect our rights, but the mother of a child has a certain responsibility, just like the father, so it's worth proving it.

How to file alimony on a common-law husband:

1. The first step is to draw up a statement of claim from the mother or father indicating the reason for the application, namely, the recovery of material payments; the document must include personal data, motivation and the amount of the alleged payments.
2. The application shall be submitted to the Magistrate ' s Court at the place of registration of the claimant, the minor child or the defendant.
3. After the application is registered, the court sends a written notice of the commencement of the proceedings, a summons indicating the date of the hearing; both the plaintiff and the defendant receive the summons.
4. If the defendant fails to appear before the court for the first time, the hearing is postponed and the failure to appear is considered contempt of court; after the second or third disregard of the hearing, the judge may decide without the defendant.
5. After consideration of the case, the defendant and the plaintiff shall receive a written decision of the court, which shall become effective from the date of adoption.
6. If the claim is successful, even in a common-law relationship, alimony is collected from the time the application is filed in court.
7. If the defendant fails voluntarily to perform his duties, even after the judgement has been rendered, the plaintiff shall send a copy of the document to the executive service, which shall take control of the case; the executive service shall inform the claimant of the recovery of the alimony from the civil husband.
8. The defendant may always file a counter-claim on the grounds of disagreement with the claim; the court ' s decision may be appealed within 10 days of its adoption; the amount of the alleged payments may also be challenged.

It is important that an action may be brought within months; the court ' s decision is valid until the child reaches the age of majority and may be brought before the executive service.

Acquired consideration

A child born out of wedlock must be provided with material security regardless of the legality of the parent ' s relationship; the proceedings are often time-consuming and may be ordered, in which case the hearing may take place unilaterally without the defendant ' s presence.

A special feature of the order is simplicity, but if the defendant disagrees with the order and makes an application to quash the order, then the order will cease to be effective and will have to apply for alimony outside the marriage in general order.

What is important is that there are situations in which parents are legally married but do not have a family relationship, and the question arises as to whether it is possible to apply for alimony, in which case the minor ' s representative may apply to the court for payment of the child ' s maintenance, a situation which is faced by women who cannot terminate the relationship while they are married, for example, before the child has reached the age of one.

Can you apply for alimony in a common-law relationship?

Russian legislation does not contain the concept of civil marriage; however, it is customary to consider civil marriage as a family relationship between a man and a woman without official registration in the civil registry.

In a common-law marriage, a couple may have children, and in the event that a common-law couple separates, the question arises as to the continued maintenance and upbringing of common-child children.

Parents are equally responsible for the upbringing of common children, irrespective of whether they are married or not, and must fulfil their obligations until the child ' s majority (up to 18 years of age).

The breakdown of the personal relationship between a man and a woman does not affect the exercise of parental responsibilities; even if the common-law spouses have ceased to live together, the rights of their children should not be violated; since most children remain with their mother, their father must provide material support.

Support from a civilian husband can be obtained in the following ways:

1. By entering into a maintenance contract.
2. By enforcing the payment of maintenance through the court.

Determination of paternity in a common-law marriage

A man may not apply for paternity for a number of reasons: he may not be personally present in the registry at the time of registration of the child, or he does not recognize the child at all; in such a case, the mother will be issued a birth certificate with a cross-section under the heading "Father"; the legal mother will become a single mother; it will be much more difficult to recover maintenance.

How do you apply for alimony if there's a handwriting in the "father" column?There are two ways to resolve this issue:

• A man must apply to the civil registry for paternity. The procedure does not take long. This is possible if the couple settles the matter peacefully.
• You have to go to the court to establish paternity. You have to prove that the defendant is the father. It is often necessary when a man categorically refuses to recognize a child. In order to establish the truth, the court may, at the request of one of the parties, order a DNA examination.

If the man refuses to provide material for the examination, the court will rule on the basis of other evidence (witness evidence, joint photographs, evidence of joint home management, etc.).

Amount of child support

The amount of the child ' s maintenance payments may be determined by the civil spouses themselves by concluding an agreement.cThere can be no less maintenance than is prescribed by law.

The Family Code sets the amount of maintenance according to the number of children in common; for example, a parent is required to contribute up to 25 per cent of his or her income per child.

Maintenance of 33.33 per cent will be retained for two children, up to 50 per cent of the income for three or more children.

In making the decision, the court takes into account the material situation of the spouse and the existence of children from other marriages; the amount may be reduced (increased) on the basis of the above factors.

Child support contract

The parties may voluntarily agree on the amount of child support and the manner in which it is paid; all arrangements shall be in the form of a written agreement, which shall be certified by a notary.

The notary form of the contract is strictly binding under article 100 of the Family Code, otherwise the agreement will have no legal effect.

• The contract will be valid if the amount of maintenance is determined not less than the amount established by law.
• The maintenance agreement is equivalent to an execution sheet, i.e. in the event of non-compliance, the mother has the right to appeal to the bailiffs by way of court.

At any time, the spouses have the right to modify or terminate the contract at their mutual request; any changes are also subject to a notary certificate.

Maintenances to a civilian wife

Family law has clearly regulated the question of the payment of maintenance to the former spouse (legal); upon dissolution of the marriage, the spouse has the right to claim payment in the event of pregnancy, the child ' s upbringing up to three years of age or in the event of incapacity for work.

In the case of spouses whose marriage was not registered in the civil registry, there was no legal mechanism for the recovery of maintenance for the support of a civil wife; since civil marriage had no legal effect, no person could claim material or other assistance after separation.

Thus, it is not possible to apply for maintenance for the mother of a child in a common-law marriage.

Judicial recovery of maintenance

Recourse to the courts

Before going to court, the question arises as to whether it is possible to apply for alimony without marriage, and what documents are necessary to do so?

The annex to the statement of claim will require:

• Passport;
• Birth certificates for common children;
• A certificate from the child ' s and mother ' s residence;
• Documents confirming the paternity of a man (if it is also necessary to establish this fact).

A claim is then made on behalf of the parent with whom the child remains, and the applicant may apply for alimony in a common-law relationship from the place of residence of the former common-law spouse.

The application for maintenance should not be delayed; maintenance is awarded only from the time the case is brought before the judicial authorities; the court bases its consideration of the case on the Family Code ' s rules on the amount of maintenance; but in view of the circumstances of life (no income, children from previous relationships), the court may deviate from the prescribed amounts.

The mechanism for recovery of maintenance from the parent is as follows:

1. The court shall transmit the executive record to the bailiffs authorized to monitor the execution of the judgements.
2. In turn, the bailiffs transmit information at the defendant ' s place of work.
3. The accounts of the enterprise in which the debtor is employed shall retain the amount awarded on a monthly basis and shall be credited to the account of the recipient (the child ' s second parent).

The period of payment of maintenance shall not exceed three days from the date of payment of the salary.

If a person resigns, the company ' s administration must notify the service of the bailiffs, and the debtor must also report the change of place of work or residence.

It is not uncommon for a person to deliberately evade the payment of alimony payments; if bailiffs are unable to determine the location of the defendant, appropriate recourse to the law enforcement authorities is made.

Payment of maintenance under the contract shall be terminated on the following grounds:

• Termination of the maintenance contract.

The payment of maintenance by court order shall cease:

• The achievement of the child ' s 18th birthday;
• The child ' s full legal capacity (e.g. in the event of marriage or emancipation);
• Death of the recipient of the maintenance or of the person liable to pay it.

The procedure for the processing of such payments follows a standard procedure, as is the procedure for the recovery of maintenance from a legal spouse.

The main difficulty may be if paternity has not been established in the first place; therefore, it is recommended that civil spouses, when registering a child ' s birth, apply to the civil registry and complete the necessary documents.

This will avoid many legal disturbances in the future.

Recovery from a common-law husband: How to file alimony?

In the case of alimony for a child born in a legal marriage, it is clear, and his right to alimony is undeniable.

But how do parents share their responsibilities to provide for and maintain children born out of wedlock or after divorce? How is the recovery of alimony from a common-law husband or wife? And how do you protect yourself and your baby if the father doesn't think it's necessary to take care of a common-law wife and child? Is the stamp in the passport important for the recovery of maintenance? Today we will answer all these questions and tell you how to properly file a suit for alimony against a common-law husband.

Should a civilian husband pay alimony?

Children are the most protected group of the population and their right to security and material assistance from their parents is enshrined in the Family Code of the Russian Federation.

1. Official husband, father of the child;
2. A common-law husband (cohabitant) if his paternity is established and documented;
3. With the ex-husband, if the pregnancy and delivery occurred after the divorce had been formalized.

In other words, no matter what relationship parents have, a common child is entitled to financial support equal to that of both parents.

How can we establish paternity: an examination and a lawsuit?

At the birth of a child, if the civil husband admits paternity, his name will be placed immediately in the father ' s column, i.e. he will be officially recognized as the father of the child; this procedure will be carried out at the local register office.

Unlike the unconditional recognition of paternity in the event of the birth of a child in a legal marriage, a DNA test or a voluntary confession is required in a common-law marriage.

In the future, maintenance will be provided on the basis of the birth certificate.

But what to do when the father does not recognize paternity? Without voluntary consent, the registry office will not be able to accept the birth registration application, in which case the child ' s mother must apply to the court to determine paternity.

Write a claim for paternity.

You can download an application for paternity on our website.

In the document cap, state the full name of the court, indicate the location of the court, followed by the plaintiff ' s and defendant ' s OSI, and the applicable provision indicating the date of birth and the address of the registration.

In the main text, the claimant must fully describe the proof of cohabitation with the civil husband at the time of the child ' s conception, the date of the dissolution of the relationship, and it is desirable to indicate the reason why the man refused to recognize paternity.

If you have filed a complaint and have made sure that it is correct, you can take it to the District Court. You can check the filling-in with our website ' s consultants. Support is available free of charge.

Conduct of genetic analysis

It is desirable to do so before filing a complaint, since the paternity determination procedure, with a result exceeding 98%, is the best proof of the father's and child's relationship.

The existence of this report may help to convince the father of the need to sign a maintenance agreement, without the involvement of the judicial authorities, by taking the blood of the parents and the child to a medical clinic.

On the basis of a positive result, a decision will be taken to charge maintenance.

Establishment of paternity, with the father's rejection of the DNA test.

If the father refuses the examination, the plaintiff must collect documents confirming paternity:

1. Personal correspondence between parents;
2. Witnesses ' testimony;
3. Releases from medical records;
4. Cash transactions, cheques, transfers;
5. Photos and video documents.
6. Registration of paternity in the registry.

Upon receiving the court ' s decision on the recognition of paternity, the mother must take it to the civil registry in order to enter the father ' s information in the register and the birth certificate of the child or children.

Only by establishing paternity and registering it with the civil registry authorities can maintenance be recovered from the husband.

As practice shows, when it comes to the payment of child support, it is not uncommon for a man to resort to an appeal against paternity on grounds of suspicion. A man has the right to initiate a judicial procedure for the annulment of affinity. But if a civil husband, when applying to the civil registry for the registration of a child, knew that he was not the biological parent of a child, it would be impossible to cancel paternity, and the alimony would be retained in any case.

Voluntary recovery of alimony from a civilian husband.

The best option for the recovery of maintenance, as in the case of the legal husband, is to conclude a maintenance contract certified in a notary office, thus avoiding lengthy litigation.

When concluding an agreement, the parents themselves shall indicate the amount of the child ' s payment; the notary must also verify that the amount of maintenance would not be lower than the amount set out in the court; if the equity method for determining the monetary value is chosen, the system established by the UK of the Russian Federation should be used:

• One child - 25% of the father's income;
• Two children - 33-35 per cent of income;
• Three or more children, 50%.

If a common-law husband has a child from another marriage, the alimony will be shared equally among all children.

It is also possible to agree on a fixed monthly amount or a one-time transfer of real property to the child ' s name; this method is chosen when the paying parent (in this case the father) does not have an official salary or other income; the types of income on which alimony is charged can be derived from this reference; if necessary, a mixed method of payment can be chosen.

A document must be in writing, certified by a notary, and the maintenance agreement is equivalent in force to the executive documents for which the maintenance debts are enforced.

Documents required to file a claim for maintenance.

The recovery of maintenance from a civil husband may be made in court if it has not been possible to enter into a voluntary agreement with him; the claim shall be made in a common form and shall require the same package of documents as for the recovery of maintenance from the lawful husband:

1. Passport of both parties and of the child, at the age of 14;
2. Birth/adoption certificate;
3. Medical certificate of paternity;
4. The court ' s decision to establish paternity;
5. An extract from the home book on the child ' s residence with the mother;
6. Checks, receipts showing monthly expenses for the child;
7. Income and employment certificates for both parents.

A court of the peace will be responsible for the recovery of maintenance, and there is no need to pay the State on this matter.

A claim for maintenance shall be filed at the same time as the application for paternity, which shall be made from the date of the court decision and not from the date of recognition of the relationship between the father and the child.

Model maintenance application from a civil husband for 2017

A model application can be downloaded from this link. In case of difficulty, leave questions in the comments.

If you have any questions as to how maintenance is being recovered from your husband, leave them in your comments. Our lawyers will consult you free of charge on all the nuances of the case.

How to recover alimony from a civilian husband who is nuanced and counseled

According to statistics, the majority of maintenance cases are dealt with in the case of children who are married, but many women are forced to apply for maintenance and to the so-called "civil husbands" with whom the children have been brought together but whose relationship has not been processed through the civil registry.

Contrary to various misconceptions, a child born out of wedlock is also entitled to maintenance, as are children born in a registered marriage; the procedure for the recovery of maintenance from a civil husband is almost the same as the procedure for the recovery of maintenance after divorce from a legal spouse.

The main difficulty faced by the child's mother, who decided to collect alimony from her husband, is to confirm the child's paternity.

• The man acknowledged his paternity at the time of the child ' s birth and was registered on his birth certificate as a father (or applied for paternity after the birth of the child), but the marriage was not registered, in which case the recovery of maintenance would be carried out in the normal manner, with the only difference that the application would not refer to the marriage but to the actual marriage relationship with the defendant.
• The civil husband is registered by the father of the child on the birth certificate, but in the event of a claim for maintenance against him, he contests the claim to challenge paternity, in which case the claim for maintenance from the civil husband will be considered at the same time as the civil spouse ' s counter-claim; it is likely that a DNA examination will be required to confirm or rebut the father ' s claim.
• The common-law spouse is not registered by the father of the child and does not recognize paternity, in which case the claim for recognition of paternity must first be brought before the court and the claim for maintenance must be made in the same application.

Since one of the most problematic situations is the recovery of alimony from a civil husband when he disagrees with paternity, we will elaborate on it.

As mentioned above, together with the claim for maintenance, a claim for paternity must be made.

There is nothing to prevent an application for paternity and maintenance separately, but there is no point in doing so: the court will examine both claims at the same time without problem, while the individual claims will only be dealt with consistently and by different courts.

A claim for paternity and maintenance is brought only before the district court at the defendant's place of registration, and only a claim for maintenance is brought before the justice of the peace.

The procedure for the recovery of maintenance from a common-law spouse is as follows:

Preparation and filing of a statement of claim: The application must specify:

• Claims by the parties in the case, addresses, other contacts;
• Description of the situation: When, during what period of time, the joint life from which the child was born took place; the justification for the requirements for the father ' s recognition of the child as the defendant;
• An indication of the defendant ' s reluctance to recognize himself as the father of the child;
• Justification for the recovery of maintenance;
• Claims – the first must specify paternity, the second must specify the recovery of maintenance, and the third one must specify the recovery of legal costs;
• Annexes, date, signature.

 A preliminary hearing or a first hearing on the merits, the court shall ascertain the defendant ' s opinion and, in the event of an objection to the merits of the claim, shall order a DNA examination.

Attention: The costs of the DNA examination are originally borne by the claimant, but if the arguments presented in the claim are confirmed by the expert ' s opinion, all costs will be recovered from the defendant.

 The procedure for the arrival of the child and the defendant in order to obtain the necessary material for the investigation shall be determined by the court; if the defendant fails to appear for the examination, the court shall find the plaintiff ' s claims justified.

On the basis of the expert ' s opinion, the court decides whether to establish paternity and to recover maintenance or to refuse a claim, in accordance with the expert ' s opinion.

The same will be true if the defendant makes a counter-claim against paternity, in which case the costs of the DNA examination will be borne by the defendant (the counter-claimer).

A claim for paternity and maintenance may take between two and six months, depending on the duration of the examination, and a further one month will be required to give effect to the decision and only on condition that the defendant does not appeal against it.

Retrieving alimony from a common-law husband is feasible, but the need to establish paternity in contentious situations almost always requires the assistance of an experienced expert. ICPI's "Plan of the Law" lawyers will help recover alimony not only in the context of divorce, but also from a common-law husband by providing a full range of legal aid under the special programme "Alements? - Elementary!" Your problems will be resolved with us as soon as possible! Call +7 (495) 722-99-33.

Child support out of wedlock

The obligation of parents to maintain their children arises from the moment the child is born and does not depend on whether the parents ' relationship has been formalized or not; the procedure for the fulfilment of this duty of parents is regulated by the Family Code of the Russian Federation.

MaintenancesThe Family Code of the Russian Federation is understood as the means to support the child to be paid by the parent.on a voluntary basis(conclusion of agreement) andby force of law(through trial).

In the event that the father does not recognize paternity, the procedure for the award of maintenance obligations, or more precisely the amount, may be determined by the court, but before determining the amount of child support, it is necessary to establish the paternity of the man.

Legal status of a child born out of wedlock

In accordance with Russian law, the child,born out of wedlock Has Exactly the same rightsArticle 53 of the Family Code of the Russian Federation (hereinafter referred to as the UK) states that children born out of wedlock have the same rights and obligations vis-à-vis their parents as children born to unmarried citizens.

If a child is born in an official marriage, his father is automatically his mother's husband. In a situation where a marriage is not legal, a man can be recognized as a father only with his consent. If a man does not confess to being a father, paternity may be recognized by court order.Application for paternity.

In doing so, the woman will have to prove in every way possible that the man is the father of the baby, and the evidence in this situation will be witness statements, shared photographs, purchases, etc. If the evidence presented is not sufficient, the court may be appointed.DNA testing.

Example

A Simonov citizen applied to the court for maintenance for their child born out of wedlock to her husband.

The evidence was provided by the available joint photographs, receipts for the payment of the public services of which the plaintiff is the owner.

He also brought to court several witnesses who confirmed that Simonov and the defendant, the father of the child, had lived together for about four years, resulting in the birth of a child.

The court had rightly concluded that paternity had been established for a citizen of the parish, in accordance with article 79 of the Code of Civil Procedure, and the court had ordered the recovery of maintenance for a minor child in the amount of 1/4 per cent of the citizen ' s monthly earnings.

Amount of maintenance per child out of wedlock

Since a child born out of wedlock has the same rights as a child born in a legal relationship, the amount of a parent ' s maintenance obligation is calculated according to the general rules.Parental status established.

If paternity is established, there may be two options for the maintenance of a minor:

1. Maintenance agreementwhich will record the amount of maintenance obligations, the time frame for their performance, the order of transfer, the liability for non-compliance with the terms of the agreement;
2. By decision of the courtIn accordance with article 81 of the Russian Federation, it states that 1/4 of the parents ' total income is due to one child, 1/3 to two children and, if the children are more than two, 1/2 to two.

Both the agreement and the court may, in some cases, provide for maintenance obligations in a firm amount of money, and the requirement that the firm amount may not be less than the amount of the liability that is due under the law must be met.

However, the court may, in exceptional cases, reduce or increase the amount of maintenance, taking into account the material and family situation of the parties as well as other circumstances.

Thus, if the parent does not have a permanent place of work or the wage is not fixed, etc., the court may award maintenance payments under maintenance obligations inAmount of firm cashThe calculation will take into account the subsistence minimum for the minor and the minimum wage in the region in which the parent lives.

Parental maintenance obligations are paidUntil the child reaches the age of majorityIf a child enters the higher education system in full-time education, the child ' s detention may last until the age of 23.

Example

A citizen of S.O. filed a claim for maintenance because the ex-husband did not assist her financially after her divorce; during the divorce, the woman was pregnant; so far, the plaintiff and the defendant have a common child who is under three years of age.

In court, a citizen of S.O. referred to her having to sit with a child at all times and not being able to go to work; she submitted a certificate from her place of work that she was on maternity leave.

On the basis of the evidence provided, the court found that the claims had been satisfied and that maintenance for the former spouse had been paid in hard cash on a monthly basis.

Support for the mother of a child outside marriage

It follows from article 89 that a spouse has the right to alimonyduring pregnancy and within three years of the birth of their common babyThe former spouse also has this right under article 90 of the Code of Criminal Procedure, so only a woman who has been in a lawful relationship with a man has the right to maintenance obligations.

This type of maintenance obligation is intended to protect the interests of the mother and child under the age of three.Unable to provide for themselvesand his baby because he has to take care of him at all times.

Several conditions must be met if the mother is to apply for maintenance:

1. A common child is not three years old.
2. The fact of paternity must be established (the court or the man does not dispute).
3. The woman is pregnant.

When the former spouse refuses voluntarily to perform her duties of maintaining the child ' s mother (i.e. there is no agreement), the woman has the right to apply to the court.

If there is no maintenance agreement between the former spouses, the amount of maintenance shall be based on the minimum wage.Every month, in a firm amount of money.

The ex-husband will also pay alimony only if the mother proves that she really needs material assistance.

Moreover, the court would also examine the situation of the father, since he might be unemployed, for example, and also unable to pay alimony.

A man is obliged to pay maintenance obligations until the child reaches the age of 3, but in the event of a change in the woman ' s financial position (remarried, went to work, etc.).

But...the court may refuse to pay maintenanceif the following circumstances occur:

1. A woman drinks alcohol.
2. Divorce was the fault of a woman (e.g. treason, drinking).
3. A woman cheats that she doesn't work or hide her income.
4. Other circumstances that indicate a woman ' s negative intent.

Recovery of child support outside marriage

It's a lot easier when there's an agreement between the father and the mother,certified by a notaryThis means that the child ' s parents were able to negotiate and both parties are happy.

Even if there is a situation where the parent ceases to perform the duties stipulated in the agreement, there is no need to apply to the court because it is effective.Executive sheet.

The procedure for recovery of maintenance through the court depends on whether a man admits to being a father and whether he is included in the birth certificate as a father.Application for a court order.The only condition should not be a dispute over the fate of the child.

Next issuedExecutive listIf the debtor refuses to perform the duty voluntarily, the bailiff may recover his or her income or available property.

Thus, a child born out of wedlock has the same right to maintenance as a child born in a legal relationship; accordingly, the procedure for the recovery of maintenance obligations is different only because before the obligation to establish paternity has to be established.

Conclusion

The most important nuances concerning children born in informal relationships are:

1. A child born out of wedlock has the same maintenance rights as the parents.
2. For a parent to become a responsible person, it is necessaryDetermination of paternity.
3. If the parent is noted in the birth certificate, additional proof of paternitynot required.
4. They have the right to receive maintenance by agreement between the parents, by court order or by court order.

Maintenances outside marriage

Maintenance of minor children can be recovered even if the marriage between the parentsNever been concluded.I mean, even.without marriageHowever, in this case (if the relationship with the father has not been registered), the mother of the child caring for him is not entitled to claim alimony.

Many mothers wonder,I don't know how to apply for alimony.If the marriage has not been registered, women should bear in mind that the determination of paternity is a prerequisite for the recovery of maintenance for a child born out of wedlock.

Maintenance for children born out of wedlockDoesn't differ.From the amount of material assistance for a child born in an official relationship, payments can be made on a voluntary basis, with an agreement and a compulsory agreement, to the court (the example of the claim is presented below).

What does it take to pay alimony without being married?

In accordance with article 53 of the Family Code of the Russian Federation, children born to persons who are not married to each other if:Affiliation has been established for them.(i.e. confirmed kinship) have equal rights with children born from persons who have registered a marriage.

You can only file alimony for a civilian husband.in the following cases:

• In the case of a son or daughter, paternity was established in the civil registry office, as confirmed by a separate document, a certificate of paternity;
• Paternity is established by a court decision;
• The child's mother adopted or adopted him.

The most important condition for the recovery of maintenance in a common-law marriage is, of course,Determination of paternityLegal procedure for the confirmation of the father's and the child's relationship, without which it is impossible to exercise the minor's property, inheritance and material rights vis-à-vis the parent.

In other words, if the father of the child is not listed in the documents (or "the mother's words") the payment of maintenance outside the marriage must be preceded by:procedure for the determination of paternity:

• Voluntary in the civil registry bodies with the participation of the father and mother (art. 48, para. 3);
• In court proceedings, the determination of paternity may be decided in parallel with the award of maintenance.

Another condition for the recovery of maintenance for a child born out of wedlock is actualAvoidance of one parent from contributing to his or her maintenance(i.e., the failure to provide material or other assistance to ensure the normal functioning of the minor) Nor does it matter whether the "cloneist" lives separately from or with the child.

ExampleLeonid K. lives with Catherine ' s civilian wife and their joint son, and paternity has been established in the civil registry for the boy after birth.

After living with his family, Leonid stopped giving Catherine the means to buy his son's food, clothing, shoes, and other needs.

Despite the absence of a legally registered marriage and residence in the same housing area, Catherine filed an application with the justice of the peace for the recovery of maintenance in favour of her son from Leonid, as a result of which her claim was granted.

Can maintenance be recovered for the mother of a child in a common-law relationship

According to the provisions of chapter 14 of the UK, "Alimony obligations of spouses and former spouses", spouses and, in some cases, former spouses are obliged to provide material support to each other.

If there was a man and a womanofficially registeredMarriage, the mother caring for a child under the age of 3 has the right to claim alimony from the (former) spouse.

However, if the couple lived in a common-law relationship (i.e. there was no official registration of the relationship), maintenance can be recoveredOnly for a common minorIn this case, the child ' s mother has no legal basis to claim maintenance, even if the common Chad is under three years of age.

The manner in which maintenance payments are made for both married and non-married persons is not different and may be voluntary or compulsory.

Agreement on the payment of maintenance in a common-law relationship

If the parents are unmarried but paternity is established in respect of the child, the most convenient and less costly way to obtain maintenance is to have a notary ' s detention.Maintenance agreement(art. 99, 100) with legal forceExecutive sheet.

In order to make an agreement, parents need to:

Reconciliation between the twoall conditions for payment of fundsin terms of size, frequency of payment, mode of transfer to the recipient.

Apply the following maintenance documents for a child without marriage to the notary office:

• Mother and father ' s passports;
• The birth certificate of the child;
• A certificate of paternity (or a similar judgement) — if necessary;
• A certificate from the payer ' s place of employment;
• The details of the bank card or the recipient ' s accounts.

Payment of the cost of a notary's service — a price that may differ, for example, in the Bryansk region in 2023 notaries collect5,250 roublesThe exact value is better specified directly in the notary office.

The agreement shall be drawn up on a special form, certified by the signatures of the notary, payer and recipient, and issued in the original of each party.

In the event of non-compliance with the terms of payment reflected in the document, the agreement may be transferred directly to the employer at the place of work of the person under maintenance with a view to the subsequent retention of the money from the salary (art. 109 of the UK) or to the service of the bailiffs in order to initiate enforcement proceedings.

Detailed information on the procedure for drafting a notary agreement can be found

If a non-maintenance parent is opposed to a notary agreement, alimony may only be recovered from him by a court of law:

When applying to the Magistrate ' s Court at the place of residence of the plaintiff or defendant, article 29 of the Criminal Code of the Russian Federation for a court order (art. 121, art. 124 of the Criminal Code of the Russian Federation), it is necessary to take into account the special features of the application:

• Exact details of the respondent debtor are needed (F.I.O., address, contact telephones);
• The method of retention can only be a share (on the first child - 1/4 of the income, on two - 1/3; on three or more - 1/2) - in accordance with article 81 of the SC of the Russian Federation;
• No collection of funds over the past period is possible;
• The defendant has the right to object to the application of the applicant, in this case the order shall be quashed without explanation of the reason (a further appeal to the court on this matter is possible only by means of a similar application).Statement of claim).

This method of recovery of maintenance is simplified, since the court does not hear a hearing and the decision is handed down by the court within five days of the application; if at least one of the conditions for applying for a court order cannot be met, the mother of the child must file a complaint.

When applying to the Magistrate ' s Court for the rule of alternative jurisdiction (art. 29, para. 3, of the Criminal Code of the Russian Federation) for the recovery of maintenance from the defendant (art. 131 of the Criminal Code of the Russian Federation), the application shall be heard by the Court with the appointment of a hearing and shall include: