Alimony for an illegitimate child in the presence of children

Partner News Men may be required to pay alimony to women who gave birth to them out of wedlock. This problem affects three thousand women every year, judging by the number of appeals to the courts to establish paternity. Ru7 April, This possibility was considered today by the Constitutional Council of Kazakhstan, reports zakon. The Constitutional Council today discussed the possibility of paying alimony to unmarried women. For those who gave birth to a child without official marriage registration.

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Content:

• Alimony from Germany – 2
• Alimony for an illegitimate child in the presence of children
• Alimony for an illegitimate child
• Dowry girl
• Kazakh men will be required to provide for illegitimate children - deputy
• No. 32224: Alimony for an illegitimate child
• Bastard

WATCH THE VIDEO ON THE TOPIC: Establishing paternity. Claim for alimony. Unregistered marriage.

Alimony from Germany – 2

A court hearing is not required for consideration, and after issuance, the court order is issued to the plaintiff, and is also sent to the defendant and to the local department of the bailiff service.

Alimony from the state for the child and mother In different countries, there is a practice of the state paying alimony instead of negligent or absent parents.

And in Russia there are bills according to which the state would create a special alimony fund that would guarantee stable payment of child support benefits in cases where it is not possible to collect them from a parent who, for one reason or another, does not fulfill his duties.

Other cases are also possible: In other cases, alimony is paid by one of the spouses, most often the father. Necessary documents for registration Alimony from the state can be paid in especially difficult cases if the woman provides all supporting documents about evasion of alimony.

For clarification, please contact your local social benefits office. Amount of alimony Alimony from the state, if the father does not pay, there are 2 types: The starting date will be the date of application. The benefit for a child not receiving child support is calculated based on local conditions and laws.

Features of compensation Child support from the state is paid not directly, but indirectly. For example, this could be an increased benefit. When payments stop The state assumes the obligation to stabilize the receipt of benefits only if there is a person designated by the court to collect alimony.

In the event of the death of the debtor, payments by the state cease. State child support is paid until the child reaches the age of 18. Types of benefits and allowances due to single mothers How to apply for alimony to a single mother?

Single mothers have the opportunity to receive the same benefits and benefits as two-parent families. But federal and regional authorities provide additional support measures for them: The concept of a single mother According to the law, the status of a single mother is assigned to a woman who gave birth to one or more children out of wedlock or days after its dissolution.

Also, a woman is a single mother in cases where the man successfully challenged paternity even if the child was born within marriage or less than days have passed since the end of the marriage. Alimony for a pregnant wife and child There are other situations, for example, a woman has become a widow and is raising children alone.

But from the point of view of the law, she is not a single mother and has the right to receive survivor benefits. If the father leaves the family and is deprived of parental rights, parental responsibilities for supporting the child are not removed from him and the woman is not considered a single mother.

A single parent of a child under 14 years of age, on the basis of a collective agreement, may be granted additional leave without pay in the amount of up to 14 days at a convenient time.

At the request of one of the parents of a child under 14 years of age or a disabled child under 18 years of age, the employer is obliged to establish a shortened working day or working week.

Single parents of children under 14 years of age, or disabled children under 18 years of age, can be fired only in case of gross or repeated violation of the Labor Code of the Russian Federation: absenteeism, showing up at work while drunk, etc., termination of an employment contract or liquidation of the enterprise.

Thus, according to the law, the employer has no right to lay off single mothers. Tax deduction for a child Tax legislation of the Russian Federation for persons with children? It is made not only from wages, but also from any other income from which personal income tax is paid. Single mothers, as well as other sole parental guardians, have the right to receive such a tax deduction in double the amount.

Upon marriage, this tax break is shared between spouses. One of the parents can voluntarily refuse a tax deduction in favor of the other.

But in this case, he will have to issue a certificate at work every month in form 2-NDFL.

Social benefits At the federal level, the government provides a small number of payments to mothers raising children alone.

During the postpartum period, they are entitled to a regional benefit. Compensation for baby food for children under three years of age. Benefits when paying for housing and communal services. Extraordinary admission to preschool institutions. Free two meals a day at school.

Discount vouchers to a sanatorium for children with health problems. Does a single mother have the right to file for alimony? Mothers who raise their children alone undoubtedly have such a right. Her social status is protected by the Tax, Housing and Labor Codes, according to which she and the child are entitled to benefits.

Related posts:

Alimony for an illegitimate child in the presence of children

We have 3 of our own. And what’s the best way to withhold less? Can I also apply for 3 children and to support myself until the child’s 3rd birthday or does this not affect? In general, I wonder how long they will hold? For debt, bailiffs have the right to withhold no more than 70 percent of the salary.

Advice and legal advice from lawyers and lawyers on “alimony for an illegitimate child” - help and online answers to any questions.

A court hearing is not required for consideration, and after issuance, the court order is issued to the plaintiff, and is also sent to the defendant and to the local department of the bailiff service. Alimony from the state for the child and mother In different countries, there is a practice of the state paying alimony instead of negligent or absent parents.

And in Russia there are bills according to which the state would create a special alimony fund that would guarantee stable payment of child support benefits in cases where it is not possible to collect them from a parent who, for one reason or another, does not fulfill his duties.

Grounds for receiving alimony Funds allocated by the state fund subsequently, when debtors are discovered, must be reimbursed. The basis for receiving benefits from such a fund must be a writ of execution and confirmation of non-payment for six months.

Other cases are also possible: In other cases, alimony is paid by one of the spouses, most often the father. Necessary documents for registration Alimony from the state can be paid in especially difficult cases if the woman provides all supporting documents about evasion of alimony.

For clarification, please contact your local social benefits office. Amount of alimony Alimony from the state, if the father does not pay, there are 2 types:

Dowry girl

Ask a question to an expert So, only after recognition of paternity and in the presence of documentary evidence - a child’s birth certificate with information about the father entered into it, either voluntarily or by court decision - can the issue of child support and alimony payment be raised. The responsibility for maintaining the child lies solely with the mother. What if the child was born after a divorce? In fact, a child born after the parents’ divorce is illegitimate.

If the mistress has decided to give birth, and the father's name is not indicated on the birth documents, the husband's paternity will have to be proven through a trial. Often the husband has no desire to pay alimony and in order for illegitimate descendants to receive it, the mother must go to court with subsequent medical examination and trial.

How and where to submit documents to collect child support? We really hope that this information will not be useful to you, but unfortunately, our life is full of surprises that are impossible to foresee. The Family Code of the Kyrgyz Republic provides for the participation of both parents in the maintenance of the child to the same extent.

If necessary, you can notarize a written agreement, which will include the amount paid monthly by one of the parties.

No. 32224: Alimony for an illegitimate child

He got married and had his own son. Can I apply for a reduction in child support myself? I completely agree with the previous answers.

Is your daughter yours or not? In any case, if you pay alimony, it means that you either agreed with the claim, or there were good reasons for obliging you to pay alimony for your daughter.

Why is your daughter no longer a child? What rights does a father have in relation to his illegitimate but recognized child?

For those who gave birth to a child without official marriage registration. the institution of marriage and the spread of extramarital affairs.

All data will be transmitted via a secure channel Promptly Fill out the form, and within 5 minutes a lawyer will contact you. For Russian legislation, it does not matter under what circumstances children are born.

The presence or absence of a complete family is not a reason to infringe on the child’s legal right to financial support from both parents. At the same time, collecting such assistance for a child if he was born out of wedlock has some difficulties and nuances.

Is it possible to collect alimony for an illegitimate child?

The little girl's mother wrote in her complaint that Article 35 of the Family Code violates her and her child's constitutional rights. The history of this case is as follows.

In our country, at that moment he was the general director of one of the large Russian enterprises.

The key aspect for collecting alimony for an illegitimate child is establishing paternity.

The mother files a claim in court. With their words, the notary draws up an agreement that specifies all the conditions for helping the baby. The court reviews accepted documents within 5 days. And court hearings take place within a month.

The document comes into force on the same day. If the claim is satisfied, the decision indicates when the document will come into force. The father voluntarily transfers money to the child on the due date every month.

The decision is passed on to the participants.

Historical and local concepts [ edit edit code ] Parthenians - the class of descendants of children born to Spartan women from helots, during the Messenian Wars had reduced civil rights and were poor even by Spartan standards; the class ceased to exist after an attempted coup d'etat, when, due to their large numbers, instead of being executed, they were simply resettled outside of Sparta. Chongyin - the class of descendants of the children of concubines of nobles in medieval Korea; despite their legitimacy, they had less rights than the illegitimate children of European nobles, although they had a higher position than commoners. Illegitimate children of nobles received, as a rule, the parental coat of arms crossed by a band on the left. The word bastard in these countries is now also used as an obscene word, see

VIDEO ON THE TOPIC: Establishing paternity in court. Recognition of paternity 2018 Natalia Chatskis

Alimony outside marriage: filing documents

In modern society, people often decide not to formalize their relationships. Civil marriages have become something common, and no one thinks about the legal consequences of such relationships.

Quite often today such situations occur if the marriage is not registered, but children appear in it.

Subsequently, the unofficial spouses decide to separate, which leads to a logical question: can a common-law wife apply for alimony, since the father’s financial assistance for the maintenance of the child is an obligation enshrined at the legislative level in the Russian Federation?

The specialist knows all the features and nuances of the existing legal system, so he will easily answer questions and give effective recommendations on how to obtain alimony for children born in a civil marriage, and whether it is necessary to draw up a sample application to the court for this.

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Our official website employs competent legal experts who always find an individual approach to solving applicants’ problems. Professionals will study the circumstances of the case online, assess the risks and prospects, and then give reliable advice and tips.

Remote legal services will help you avoid troubles and common mistakes when collecting alimony, as well as save citizens’ personal resources and time.

Alimony for an illegitimate child and its features in 2023

If a child was born when the parents' marriage was not registered, he has the same rights as children born into an officially registered family. This norm is enshrined in the Family Code of Russia. The mother and father can agree on the amount and procedure for providing monthly financial assistance for the maintenance of children peacefully.

In such a situation, they need to discuss all the terms of the transaction and correctly draw up a sample settlement agreement. However, based on practical experience, we can safely say that it is rarely possible to settle the issue amicably. In most cases, child support within a marriage or outside a formal union can be obtained by filing a claim in court.

The only difference in the procedure for collecting alimony from a common-law husband will be the official recognition of paternity.

Alimony without marriage is calculated according to the general principle. To obtain the exact amount, authorized government bodies take the father’s monthly income as a basis. The amount of payments will also be affected by the number of children of the payer.

If you have one child left with your ex-wife, then every month you will have to transfer 25% of your income to support him. When a mother is raising two children, the payment amount will be 33% of the father's income.

If three or more children live with the mother, she will have to pay half her salary every month.

Having received a sample statement of claim from the mother of children born in a civil marriage, the court will always take into account many accompanying circumstances, and each case will be considered individually. When determining the amount of monthly contributions, an important role will be played by the financial situation of the parties, whether the father and mother of the child are employed, remarriage, health status, etc.

Alimony in a civil marriage and liability for evading its payment

The child's mother can submit a sample application to the court for the issuance of a court order or writ of execution.

Based on these documents, the father is obliged to deduct a set amount every month to the account of his former common-law wife.

However, there are often cases when dads do not want to pay part of their income for the maintenance of children, avoiding fulfilling financial obligations. Failure to pay may result in penalties and debt accumulation.

To collect it, the child’s mother must take a writ of execution and write a sample application to the FSSP. Bailiffs are vested with a wide range of powers, functions and responsibilities.

One of them is the forced collection of alimony and the retention of arrears in payments. In 2023, a new law came into force, according to which a special department will be created in the FSSP.

His main area of ​​activity will be working with alimony debtors.

If a citizen does not pay the monthly child support rate, and the mother reports this to the FSSP by submitting a reasonable and competent sample application, the bailiffs will be authorized to:

• withhold part of the debtor's wages;
• seize the defaulter’s property and sell it;
• oblige to forced labor;
• deprive of the right to drive a vehicle;
• limit access to government services;
• prohibit travel abroad;
• imprisoned for up to a year.

If you decide to submit a sample application for collection of alimony debt from your common-law husband, you must take into account such a concept as the statute of limitations. On this issue it is three years. This means that the debt for alimony payments can only be withheld for the three previous years when no payments were made. If the time frame has passed, the amount owed will be canceled.

Alimony and marriage

Alimony is a mandatory and systematic payment that one family member must pay for the maintenance of another family member who needs it.

Those in need can be spouses, children, parents, i.e. those who cannot provide for themselves.

The presence or absence of a marital relationship affects only the procedure for registering alimony, but not the very possibility of establishing it.

Alimony in marriage

According to most people, alimony is funds transferred by one parent to the other for raising children under the age of majority, which are paid to them only after the divorce.

In reality, it turns out that one of the parents who live in marriage does not provide financial support for raising their common minor child. Many families live in similar conditions: one of the parents is in great need of financial support, and the other does not help him, and many do not know that it is possible to receive alimony even if you are married.

Conditions for paying alimony in marriage

There are many situations in life when spouses do not want to divorce, but one of them is forced to demand payment of funds for the needs of the child. The reason for this may be the alcohol addiction of one of the parents, addiction to gambling or drugs.

Or divorce is not beneficial for both spouses. Maybe they just don't have enough time to finalize the divorce. Thus, the concept of “marriage alimony” exists . This type of payment is not directly stated in the law, but its essence follows from its individual provisions.

By law, both mother and father must participate in raising the child. If one of the parents does not do this, the other can file an application in court and force the other parent to pay child support for the child’s education, treatment, etc., and it does not matter whether they are married or already divorced and regardless of whether they live together or apart.

The main conditions for alimony without divorce are:

• family connection;
• status of legal spouse;
• sufficient financial condition of the spouse who is required to pay alimony;

Category of persons who have the right to alimony without divorce:

• a needy spouse who is unable to earn money on his own;
• pregnant wife;
• a wife raising a common child under 3 years old;
• a spouse who is unable to provide for himself and supports a disabled child until he reaches 18 years of age;
• a financially disadvantaged spouse supporting a disabled child of group 1 since childhood;
• a needy spouse raising common minor children;

Registration of alimony in marriage

The procedure for obtaining alimony during a marriage is the same as for obtaining alimony during a divorce.

There are two ways to apply for alimony:

• agreement between the parties;
• judicially;

An agreement on the conditions, amount and procedure for paying alimony is concluded in writing and certified by a notary, otherwise the agreement will be considered invalid. The agreement is equivalent to a writ of execution and, if a party deviates from its obligation, it can be presented to the bailiff without going to court.

To obtain alimony in court, you need to file an application with the court. The claim may be filed in court at the place of residence of the plaintiff or defendant. The application must indicate the circumstances why the defendant does not participate in supporting the family.

The application must be accompanied by:

• a copy of the marriage certificate;
• a copy of the children's birth certificate;
• if necessary, documents confirming the disability of a family member (certificate of pregnancy, certificate of disability, etc.);
• certificate of income of both spouses;
• copies of passports of both spouses;

If alimony is being sought for a child under 18 years of age, you can apply for a court order , which is issued by a judge 5 days from the date of filing the application. A court order is also a writ of execution and can be presented to the bailiffs for collection.

If the child is an adult, then a statement of claim , based on the results of which a decision is made. A writ of execution is issued after the decision comes into force and is presented to the bailiff service.

Amount of alimony

If an agreement is concluded between the parties, then the amount of alimony is determined by him independently, but it should not be lower than the amount that could be received by going to court.

The court collects alimony in the following amounts (Article 81 of the RF IC):

• for one child - 25% of total income;
• for two children - 33% of total income;
• for three or more children - 50% of total income;

In some cases (irregularity of income, receipt of income from natural products), the court may establish the amount of alimony in a specific amount or simultaneously in a specific amount and as a percentage of income (Article 83 of the RF IC).

Also, the court, taking into account the current situation in the family, can change the shares either down or up). The amount of alimony is determined by the court based on the financial situation of the defendant and other circumstances.

Alimony is withheld from all income of the debtor, including bonuses, remuneration, income from part-time work, income in kind, etc.

Child support is not paid for:

• money received as compensation for damage in connection with the death of the breadwinner;
• social benefit for funeral;
• benefits for citizens with children, which are paid from budget funds;
• maternity capital funds.

Alimony from different marriages

The current law does not differentiate alimony payments based on the number of marriages. Children born in different marriages have the right to alimony payments (Article 81 of the RF IC).

Thus, if a father pays alimony for the first child from his first marriage and he has obligations to pay alimony to the second child from his second marriage, then the amount of alimony is reduced from 33% to 16.7% for each child.

If a woman has two children from different marriages, then both fathers pay alimony each according to their own scheme, independently of each other.

Distribution of alimony

The amount of alimony for two or more children is not a fixed amount and is indicated in the Family Code of the Russian Federation. So in Art.

81 of the RF IC states that the minimum amount of alimony for two children is 33% of the parent’s income . However, in accordance with Art.

138 of the Labor Code of the Russian Federation, alimony payments cannot exceed 70% of earnings. Thus, the range of alimony amounts can be quite large.

https://www.youtube.com/watch?v=Y52_hklxxt0

Most often, alimony is distributed in shares, since this method allows you not to be tied to certain numbers, and the amount of alimony is commensurate with the income of the payer. This method of calculation preserves the interests of all parties: mother, father, and children.

The final amount of alimony depends on many factors that are taken by the court when making a decision:

• financial condition of the parties;
• marital status of the parties;

Therefore, before going to court, you must prepare all supporting documents proving the need to collect exactly the amount you need.

The payer must inform the court that he is already paying alimony for one child from a previous marriage, since the court may not take an interest and make a decision according to which amounts will be paid for two children from different marriages in the amount of 25% of the monthly income for each child. everyone, i.e. for two children, 50% of income will be withheld.

Fixed payment amount

The ex-spouse’s obligation to support children is not canceled by his lack of earnings or irregular income (income from business activities).

If it is not possible to collect alimony in shares, the court, guided by Art. 81 and art. 83 of the RF IC determines the amount of alimony in a fixed fixed amount.

In this case, a strictly defined amount will be paid monthly, regardless of the person’s income and his actual earnings.

The size can be determined by the court:

• in accordance with the minimum subsistence level determined by the state;
• depending on the minimum wage in the region;

Changing the amount of payments

Alimony is not something immutable; its amount is influenced by many life factors. The amount of payments can be changed in accordance with changes in the income and financial situation of both parties. At any point in life, a party can reconsider the percentage of income that is paid as alimony in court.

So, if the party paying alimony for two children from different marriages cannot cope, you can file an application with the court to reduce the amount.

Example

Ivanov's ex-wife A.A. (2nd marriage) filed a lawsuit for the recovery of alimony of 25% of the income for her minor daughter and for an additional payment of the amount at a rate of 25%. Before this, Ivanov A.A.

paid alimony to his daughter in the amount of 1/6 of his income and alimony for his son from his first marriage in the amount of 1/6 of his income. At the moment, Ivanov A.A.’s earnings are small (30 thousand.

rubles), new marriage, his wife and he rent an apartment, and he would like to reduce the amount of alimony for both children. To do this, he must file an application with the court to reduce the amount of alimony.

Alimony may also be reduced in the following cases:

• The 1st child has reached the age of majority, so 25% of the income will be paid to the 2nd;
• a minor child who, before reaching 18 years of age, acquired full legal capacity (clause 2 of article 21, clause 1 of article 27 of the Civil Code of the Russian Federation);
• the receiving party will refuse assistance;

However, even if the payer has accumulated debts to pay alimony for a child from his first marriage, the amount of interest on paying alimony for a child from his second marriage cannot be reduced.

If the payer’s income does not cover the needs of the children (the earnings are very small or the real amount of income is deliberately hidden), the recipient of alimony can apply to the court to increase the amount of payments . In this case, the court has the right to protect the interests of children, even to the detriment of the payer.

Alimony without marriage

An illegitimate child is born to parents who are not in a formal marital relationship at the time of his birth. Payment of alimony for children out of wedlock is practically no different from standard alimony for children born within marriage.

But recognition of paternity . Children born from unmarried persons, if paternity has been established, have the same rights and obligations in relation to their parents as children born in marriage (Article 53 of the RF IC).

The procedure for collecting alimony depends on the presence of a particular situation:

• the father recognizes the child;
• paternity has not been established, the father of the child does not recognize.

Paternity established

If the child’s father is included in the child’s birth certificate and the latter does not dispute this fact, alimony is collected in the general manner, by:

• conclusion of an agreement between the parties;
• filing a claim in court;

Paternity has not been established

In this case, the child’s mother must first establish paternity by filing a claim in court, and only then collect child support payments. Paternity must be proven . In this case, the court accepts any arguments that accurately confirm the fact of the birth of a child from this person (Article 49 of the RF IC).

Evidence of paternity may include:

• DNA examination;
• photographs of a joint trip around the time of conception;
• testimony from neighbors;
• letters that mention the fact of paternity;
• receipts indicating purchases made by a man for a child;
• joint photographs of father and child;

If the child’s father refuses to conduct a DNA examination, the court automatically recognizes paternity and collects alimony from him (Part 3 of Article 79 of the Code of Civil Procedure of the Russian Federation). If the examination results are positive, the father of the child is obliged to compensate the mother for the costs of its conduct.

Alimony in a civil marriage

Civil marriage is the cohabitation of a man and a woman without registering their relationship with the registry office. The reasons for such a marriage may be a second family, reluctance to register the marriage, housing, inheritance issues, social benefits, etc.

A child from a civil marriage has the same rights as a child born in marriage (Article 53 of the RF IC). Parents who for some reason did not want to formalize their relationship are nevertheless obliged to support their child. However, receiving alimony for a spouse in a civil marriage is not possible.

Thus, alimony for children in a civil marriage is collected similarly to the procedure for collecting alimony in a registered marriage, with one difference regarding the mandatory procedure for recognizing paternity.

The process of registering alimony for a child born in a civil marriage is influenced by the factor of recognition of this child by his father, depending on which this procedure can be very quick and simple, or very long and complex.

Just like establishing paternity outside of marriage, in a civil marriage there are two ways to recognize paternity:

• the father's name is entered on the child's birth certificate with the consent of the father, by applying to the registry office with an application;
• in court, by filing a claim;

In cases of establishing paternity, the law does not establish a limitation period , i.e. Paternity (maternity) can be established at any time after the birth of a child.

When establishing the amount of child support in a civil marriage, the general rule applies, in accordance with Art. 81 of the RF IC, unless a voluntary agreement on their amount has been reached between the parties.

Paternity established

After paternity has been established, it is necessary to file an application for alimony and attach the following documents to it:

• identification document (passport);
• child's birth certificate;
• a certificate of family composition from the living space where the child is registered;
• certificate of paternity;

Indicating the father's name on the birth certificate is not enough to collect child support. A woman who gives birth to a child must obtain a certificate of paternity so that she does not have to establish it in court.

The procedure for collecting alimony in a civil marriage

Collection of alimony is made on the basis of:

• writ of execution;
• court order;
• alimony payment agreement certified by a notary;

The execution of the above documents is carried out immediately after registration with the bailiff service and is collected first of all, before the claims of other creditors.

Having received writs of execution for the collection of alimony for a child born in a civil marriage, the bailiffs:

• notify the debtor of the need for voluntary payment;
• in case of refusal to pay voluntarily, foreclosure is applied to all income of the debtor and his property;
• If the place of residence and place of work of the debtor is not identified by the bailiffs, the latter send materials to the police to search for him.

In order to increase the likelihood of paying alimony for a child born in a civil marriage, the plaintiff can assist the bailiffs by providing them with information about the debtor’s place of residence, his place of work, and the location of his property.

Conclusion

The obligation to pay alimony is not tied by law to the presence or absence of a marital relationship between the parties. Parents are obliged to support their minor children, regardless of whether the children were born in a registered or “civil” marriage.

The most civilized way of paying alimony is an agreement between the parties , which is suitable for all situations. Collection of alimony in court if the parties were not married or lived in a civil marriage becomes more complicated if one of the parents does not recognize the child. In this situation, paternity must first be established.

Question answer

Question

My husband's illegitimate child is one and a half years old. The mother of this child filed for child support. Our family has large credit obligations: mortgages and consumer loans. There is a child, and a second one will be born soon. I do not work and have no income; I am fully supported by my spouse. The husband pays half of his salary on the loans. Will the court reduce the amount of alimony due to the husband's credit obligations and the number of dependents? If not, how can you reduce child support for an illegitimate child?

Answer

Alimony, like paternity, is established by the court. To do this, the mistress must file a lawsuit. The court, as a rule, does not take into account the defendant’s credit obligations and marital status and assigns the statutory amount of 25% of income. You can reduce the amount of alimony if you collect alimony from your husband for yourself and your child.

Alimony for an illegitimate child

A child born in a civil marriage who is not registered with the civil registry office, in accordance with the legislation of the Russian Federation, has the same guarantees for the protection of his property and non-property rights as children born in marriage.

Then it is possible to agree on the non-material participation of the father in upbringing - walks, joint weekends, etc. The court cannot force him to participate in upbringing; the father can declare this at his request, which, however, the mother can reject.

Nuances for receiving alimony

Accordingly, the legal basis for collecting alimony for children born out of wedlock is one of the following circumstances:

• in the child’s birth certificate, the column “Father” contains reliable information about the father of the newborn, who gave consent to “paternity”, and the registration of the baby was carried out with his direct participation;
• paternity is recognized in courts at the initiative of either parent.

Not only the spouse, but also the former spouse has the right to collect alimony after the divorce. However, according to Article 90 of the Family Code of the Russian Federation, alimony for a former spouse is collected only on the condition that the defendant has the financial ability to support the plaintiff.

That is, according to the law, they are not relatives, which means that he cannot claim to inherit their property. Even if they express a desire to leave him real estate as an inheritance, they will have to pay an additional state fee. The conclusion arises that an unofficial marriage can create problems for a married couple, their relatives and born children.

• The advantage of fixed payments is the possibility of receiving funds in an amount exceeding the standard interest rate on monthly income.
• In fact, a wealthy but officially unemployed man in practice often finds himself free from such a burden, and if his personal plans do not include alimony, but on the contrary, he intends to hide from them, then it is almost impossible to achieve even irregular payments through legal means.
• The only exceptions to the process of collecting alimony for an illegitimate child are those situations where the child’s father refuses to acknowledge the fact of his paternity.

If the issue of financial support was resolved in court, then the terms depend on various factors. If the recipient proves that the defendant evaded payments, then during the court hearing he has the right to demand recovery for the last three years. In this case, the date of divorce does not matter. The recovery can be displayed as a percentage equivalent or as a flat amount.

Official alimony for illegitimate minor children, as well as for children born in marriage, can be assigned (determined) in the following ways:

• through the court at the request of an interested party;
• on the basis of an alimony agreement certified by a notary.

In modern society, an illegitimate child has long no longer occupied the shameful place of an outcast; his individual rights are enshrined in law and must be respected on an equal basis with legitimate children.

A friend dated a married man (wife, 10-year-old daughter) for 1.5 years, became pregnant and gave birth to a son. Now he is 4 years old. At first she gave birth as if for herself, and then, like every normal mother, she wanted the father to be next to his son. But that didn't happen.

If paternity has been established, illegitimate children have the same rights in relation to their parents as children born in an official marriage. Payment of alimony is made by the father voluntarily, or forcibly when he refuses to fulfill his alimony obligations to the child.

Amount of child support for an illegitimate child?

According to the law, the alimony provider must pay monetary allowance for children from the date of going to court. But in reality, such receipts may be delayed. There are several reasons for this:

1. The alimony worker does not have official employment. Bailiffs will only be able to obtain collection after the discovery of any property or funds.
2. Sluggishness and excessive workload of bailiffs. In a situation where, 2 weeks after the application, enforcement proceedings have not been opened, the applicant should apply to the court with a statement of claim regarding the inaction of the service.
3. Delay in salary payments. In this case, the alimony provider is not at fault for the delay, therefore no fines or penalties are charged to him, only the debt is collected.

The happiness of your family is that in the intervals between the births of children, your husband also has children on the side?

The husband has an illegitimate child. I didn’t communicate with him, doesn’t recognize him, doesn’t intend to participate in life. In January, the court summoned me as an interested third party. Citizen A filed a lawsuit for recognition of paternity, for alimony and for changing the child’s surname. There is no limit to the fact that I am outraged, but I think the background has nothing to do with the matter, a fact is a fact. And you can't do anything.

I loved riding, it was time to import the sled. If you give birth to a child, you are obligated to support it. Maybe you will order your husband to feel sorry? What should a defenseless child do?

The husband has an illegitimate child. I didn’t communicate with him, doesn’t recognize him, doesn’t intend to participate in life. In January, the court summoned me as an interested third party. Citizen A filed a lawsuit for recognition of paternity, for alimony and for changing the child’s surname. There is no limit to the fact that I am outraged, but I think the background has nothing to do with the matter, a fact is a fact. And you can't do anything.

For a man to recognize a child as his own means to take responsibility for upbringing, care, and financial support, along with the mother.
An illegitimate child, at the request of the father, can be recognized without any delay. In the event of the death of the mother, the father who appears at the registry office, presenting a certificate of her death, can become the legal father.

With the voluntary agreement of the parents, financial support for an illegitimate child can be provided not only in monetary terms, but also in the form of purchasing things, school supplies, etc.

A child born in an unofficial marriage has the same rights under the law as a child born in an official marriage. But there is one difference: he receives these rights with the fact of official recognition of paternity.

The key aspect for collecting alimony for an illegitimate child is establishing paternity. In this matter, there are two ways that give the right to receive payments:

• the parent was present at the registration of the birth certificate and agreed that his data was included in the document;
• illegitimate paternity is recognized by the court forcibly on the initiative of one of the parents.

A separate situation is distinguished when a minor is adopted by a second spouse. The official consent of a citizen, informed that the child is not his, is equivalent to full paternity with all the ensuing consequences for the payment of alimony.

Illegitimate is a slightly outdated word, but it accurately reflects the essence of the concept when a baby is born from parents who did not register their marriage at the time of his birth.

The husband was against it, since citizen A gave her last name and the child has been using it for 6 years, does not know his father, has never seen him, she was neither an ex-wife nor a mistress, a one-time meeting while drunk.

Collect alimony for an illegitimate child

However, as practice shows, sooner or later a single mother faces the question of the right of an illegitimate child to alimony. To be able to recover them in court, a procedure for establishing paternity is often required.

A significant relief in such a situation can be the details of the intended father indicated on the birth certificate. But this happens quite rarely, and only some provide their first and last name to be recorded on the child’s certificate. If this record exists, then the procedure for assigning payments will be somewhat shortened.

Let's look at the situation from the other side, through the eyes of the wife of a man who has burdened the family budget with additions from the side. If the wife is an understanding, sympathetic and kind person, then she reasons that the baby is not to blame for the current situation and deserves his or her father to help, provide, and educate as much as possible.

According to Article 83, the court may order payments in a specific amount or indicating the monthly amount and share of payment. If a decision is made on alimony in the form of a fixed amount, the court takes into account the fact that its amount depends on the established minimum subsistence level for a child under 18 years of age and the minimum regional salary.

If your husband's paternity of an illegitimate child is established, then alimony for this child may be collected from your husband and this child may claim his father's inheritance!