Alimony for the wife of a disabled person of groups 2, 3 during a divorce - alimony for a disabled ex-spouse

Many people mistakenly believe that alimony is a certain amount of money that one parent must pay to the other for the maintenance of a joint child.

In fact, according to the Family Code of the Russian Federation, alimony can be collected directly in favor of the spouse if he is disabled.

Let's figure out under what conditions and how alimony is established for a disabled spouse.

When a disabled ex-husband or wife can count on alimony

The legislation of the Russian Federation recognizes disabled people as disabled, that is, citizens who have persistent health problems resulting from illnesses, injuries, congenital defects, as a result of which they cannot live a full life and need social protection.

To recognize a person as incapable of work, a medical and social examination is required, after which a special conclusion is issued, and then a corresponding certificate is issued. The issued document becomes an official confirmation of disability, but the mere fact of disability of the former spouse is not enough to collect alimony from the partner.

The court determines alimony payments, and in order for it to make a positive decision, the following circumstances must exist:

• need is an evaluative concept that assesses the level of material security of a citizen;
• disability – was acquired during marriage or occurred no later than 12 months after the divorce.

The judge always establishes and verifies facts that should confirm the poor financial situation of the plaintiff. These include:

1. Sources of funds and their size.
2. Stability of earnings and circumstances influencing fluctuations in the amount.
3. The ratio of incoming funds and expenses of a person in need to provide for his basic needs.
4. Common children under 18 years of age (with whom they live and who supports them).
5. Financial assistance from other family members.
6. Other circumstances affecting the financial situation, for example, the need for expensive treatment.

Disability 1, 2, 3 groups and alimony

Separately, it is worth considering the situation when the disabled person is not the recipient of alimony, but the payer. In general, disability of any group does not relieve parents of the obligation to financially support a joint minor child. Alimony is still withheld from wages if the citizen continues to work, or from benefits.

Some adjustments may occur if disability benefits are the parent’s only source of income, or if a working disabled person receives temporary disability benefits, then the court may review the form of alimony and order its payment in a fixed amount.

Is it possible to reduce the amount of alimony based on disability?

A child support worker with a disability can rarely boast of a high income; as a rule, he lives on a small allowance, sometimes working part-time at a simple job that pays little. At the same time, he spends a lot of money on treatment and maintaining health.

Therefore, a disabled parent can submit an application to the court with a request to reduce the amount of alimony. Please note that the court will not completely remove alimony obligations; we are only talking about reducing them, and then only when the citizen provides convincing arguments in favor of this decision.

When alimony is not collected from the former spouse of a disabled person

Article 92 of the RF IC stipulates cases when a judge may refuse to satisfy a claim for alimony to a disabled former spouse. A potential payer is exempt from maintaining a disabled husband or wife if he:

• deliberately contributed to the onset of disability, for example, by drinking heavily or taking drugs and generally leading an unhealthy lifestyle;
• committed criminal or violent acts against the defendant;
• was in a marital union for less than 5 years.

Important! Alimony cannot be awarded to a former spouse if he became unable to work before marriage or a year after the divorce, and also if the plaintiff is able to provide for himself.

Procedure, amount and form of payment of alimony to a disabled spouse

The court sets the amount of alimony payments in a fixed amount; the alimony payer must transfer the funds monthly. To simplify the indexation procedure, the judge indicates an amount that is a multiple of the subsistence minimum or its share.

To calculate the final payments, many factors are taken into account, namely: the financial and marital status of the spouses, the regional cost of living and other important circumstances. It is worth noting that the legislation does not have a clear minimum and maximum of financial assistance; in addition, over time, alimony is indexed in proportion to changes in the cost of living.

Procedure for obtaining alimony

First of all, former spouses should try to peacefully resolve the issue of financial support for a disabled citizen. The alimony holder can pay a certain amount or help a disabled person on a voluntary basis, without signing any papers.

However, experienced lawyers recommend concluding a formal agreement and having it certified by a notary office, so that in the event of disputes or termination of payments, the parties have evidence of the transaction.

If it was not possible to reach a consensus on the form of the amount and regularity of alimony, or if the able-bodied ex-husband/wife generally avoids providing assistance, then there is only one option left - to go to court.

How to file a claim for alimony

In order to compulsorily collect alimony for the wife of a group 2 disabled person from an able-bodied former spouse during a divorce, the alimony recipient must send a statement of claim to the court at the place of residence.

The form is accompanied by a package of documents consisting of:

1. Photocopies of the plaintiff's passport.
2. Photocopies of the divorce certificate.
3. Health certificates or disability certificates.
4. Information about the amount of pension or benefit.
5. Certificates of income and financial situation of the defendant (this information is subsequently necessary to determine the amount of amounts to be paid).

After the verdict is rendered, the writ of execution is handed over to the bailiffs along with an application to open an enforcement case.

Structure of a claim for alimony for a disabled wife 

A statement of claim for the recovery of alimony payments in favor of a former spouse with a disability is filed with the court of first instance, and the specific department is chosen by the plaintiff. This type of claim is subject to a three-year statute of limitations.

Important! The plaintiff (if he is a disabled person of group 1 or 2) does not pay a state fee for consideration of the claim in court; in all other cases, its cost is calculated based on the price of the application and the authority where the document was submitted. If the court grants the plaintiff's request, the defendant will be responsible for paying the costs.

In general, the statement of claim is subject to standard requirements - it must be drawn up in writing and according to a certain structure:

1. Information about the judicial authority, the plaintiff, the defendant and their representatives.
2. If the claim is subject to assessment, its price is indicated.
3. The introductory part contains information about the marriage and the form of cohabitation (when the marriage was entered into and dissolved, whether the parties have common children).
4. The main part in which the plaintiff talks about the circumstances that forced him to seek help and provides arguments.
5. In conclusion, the request for alimony and its amount are indicated.
6. Finally, the application lists all documents that complement the application and includes a signature with the current date.

How not to pay child support to a disabled person 

In addition to the cases described above, when the court refuses to collect alimony (the citizen himself caused himself to be disabled or received it outside the marriage union), payments are not made if the able-bodied spouse has other dependents, for example, small children from a new marriage or elderly parents, or he repays the loan.

Financial assistance to the ex-wife is assigned only when the husband has enough financial resources to pay it. If his income is below the subsistence level, then the application for recovery will be rejected, since the payer will not be able to provide himself with the bare minimum.

How is the need for alimony determined?

In order for the court to decide to award alimony to a disabled spouse after a divorce, he must prove his need for financial assistance from his former partner. First of all, you will need certificates and documents confirming your unsatisfactory state of health, and as a result, the inability to work fully.

In addition, statements of income received and checks for medicines and treatment can be used as arguments; if the judge sees that the money available to a disabled person is not enough to maintain his condition, then most likely the claim will be satisfied.

Who is entitled to alimony after divorce?

• in a situation or having children under 3 years old in common with the child support provider;
• caring for a joint child who has been disabled since childhood (and payments are made until the child reaches adulthood);
• who became disabled during marriage or a year after its dissolution;
• after a long marriage and subsequent divorce, retired and no longer able to support themselves.

Collection for the previous period

The ex-wife has the right to go to court after an unlimited amount of time, from the moment she becomes eligible to receive alimony. The legislation only limits the period for collecting funds, that is, the alimony payer (if the claim is satisfied) will have to pay the alimony arrears for no more than 3 years.

Such a development of the situation is only possible if the woman did everything possible to receive financial assistance, but the husband shirked his responsibilities. It is worth noting that, as sanctions against the evader, the court may make a decision according to which the spouse will be left without his share of the inheritance, and it will go to his ex-wife.

Alimony to a disabled ex-wife or disabled husband

Art. 90 of the Family Code of the Russian Federation states that it is permissible to collect alimony payments not only in favor of minors, but also, under certain conditions, for the needs of spouses and former spouses. The state pays special attention to such an issue as alimony for a disabled wife and, accordingly, alimony for a disabled husband.

People with disabilities are a category of citizens who need support and protection. From the point of view of the legislator, part of this support should be provided by the spouse of the disabled person.

Under what conditions, in what order and amount the money is paid will be discussed in this article.

Reasons for payments

The right to alimony to a former spouse or disabled spouse does not always arise, but only under certain conditions established by law. They are:

1. The presence of the fact of official recognition of a person’s disability. That is, he has disabled status. The legislation gives the concept of who is disabled, but in the context of the issue under consideration, it does not have much significance. The main thing is that the potential recipient of the funds has a disability certificate: third, second or 1st group. However, it is quite difficult to obtain the right to pay alimony for a group 3 disabled person, because persons in this category are quite capable of working and earning their living. Here it is necessary to proceed from the circumstances of a particular situation. With disabled people of group 2, everything is simpler. Although they do not have such serious health problems as people in the first group, they, as a rule, do not have the opportunity to work. But having a disability is not a reason to go to court. It is necessary to justify the presence of some other circumstances.
2. Neediness. Perhaps the most important reason for going to court. It is impossible to establish by law, for example, a certain level of income, upon regular receipt of which a person can be considered in need of additional third-party assistance. The judge must establish the fact of need in each specific case individually. Everything needs to be taken into account. From how much money and with what frequency the plaintiff receives, to what volumes and on what needs he spends the money. It is known that people with disabilities are entitled to state pensions. But it is also obvious that money is spent mainly on medicines. Sometimes income exceeds expenses. Treatment in our country is an expensive pleasure. Often, one of the important pieces of evidence in a case is a medical report, which indicates whether the plaintiff can engage in any kind of work. It is possible that the applicant, having the opportunity, based on physical indicators, to work and provide for himself, simply wants to simplify his life by collecting alimony from his husband. It is much easier to live at someone else’s expense than to earn money on your own. The judge’s task is to consider the dispute objectively, seeing through all unfair plans. For example, if a person loses his leg, this does not prevent him from earning money using a computer. Fortunately, now there are a large number of Internet professions: from sales manager to game and application developer.
3. The period during which the disability was acquired. Should a wife pay alimony to her ex-husband if he becomes unable to work 5 years after the divorce? The RF IC says no, it shouldn’t. The legislator has set clear deadlines. And he did the right thing. Otherwise, things would reach the point of absurdity. Let's imagine: a husband and wife divorced 10 years ago. After this period, the man had an accident at work. The ex-husband, who became disabled, filed a lawsuit, demanding recovery from his wife. In this state of affairs, none of the people who were previously in family relationships are immune from foreclosure on income and property. During this time, the wife could, in principle, forget that she had once been married. Forget the person. And here he appears, and even with a writ of execution. It wouldn't be fair. And this is currently illegal. When divorcing a disabled person, his ex-spouse may be expected to file a lawsuit for a long time. But if healthy people got divorced, then the claim can be made only if serious changes in health status occurred within 1 year from the date of divorce.

Conditions for exemption from payments

As already noted, it is not so easy to achieve the right to alimony for a disabled ex-wife or ex-husband. You need to prove the presence of:

• disability;
• need.

It is required to prove the fact of the onset of disability before the dissolution of the marriage or within 1 year from the date of this event.

But in Art. 92 of the RF IC specifies certain circumstances under which alimony for the spouse of a disabled person may not be collected. They may be released at a later date.

The court has the right to exempt the ex-husband from payments to a wife with disabilities, for example, who is a disabled person of group 2, if he declares the following circumstances and proves their existence:

1. Loss of ability to work occurred due to the fault of the plaintiff. The law talks about specific things that indicate the presence of guilt: alcoholism, drug addiction, commission of an intentional crime. Obviously, by abusing alcohol or using drugs, a person deliberately “agrees” to the fact that his health, sooner or later, will worsen. And quite significantly. As for committing crimes, by taking such a step, a person risks both his health and his freedom.
2. Inappropriate behavior in marriage. The classic wrote that every unhappy family is unhappy in its own way. Of course, inappropriate, or rather, unworthy behavior, as the law says, is an evaluative category. Here we need to proceed from judicial practice. The judge has the difficult task of looking at a particular case and determining whether the conduct in question occurred. As an example, we can talk about a situation where a wife did not fulfill her family responsibilities and treated her ex-husband with disdain. The spouse who is able to work has the responsibility to prove the existence in the past of all the circumstances in question.
3. Short duration of marriage. Again, the legislator does not clearly state the deadlines. Unfortunately, this is one of the peculiarities of family law. Here, moral and ethical standards often underlie legal norms. But the moral law is a more abstract thing - for each person. Again, you need to turn to practice. There is an opinion that if the marriage lasted less than 5 years, then you can submit a petition or application for exemption from the obligation to pay money to the wife of a disabled person 2, for example, group. Meanwhile, given that modern marriages do not last long, 5 years is a serious period. Therefore, establishing the fact of short duration is another difficult task for the judge. And here the burden of proof falls on the payer of the funds. He needs to argue his position, to prove that the marriage relationship actually lasted for some insignificant time.

Please note that the court has the right to grant exemption from payments. But there is no such obligation. That is, even if the alimony provider proves that the wife has a disability of group 1, 2 or, perhaps, 3, did not behave as expected during marriage, the court may still not release her from fulfilling the obligation to pay money to her ex-wife.

The court may consider that alimony simply must be paid to the spouse of a disabled person, because otherwise, for example, she will not be able to survive.

And if this is also the mother of the alimony provider’s children, then making payments seems to be the ex-husband’s duty.

Calculation of the amount of payments

Alimony payments are made in a fixed amount of money. The amount of payments is determined, like many other things, by the court. The judge hearing the case must:

1. Study and compare the financial status of the plaintiff and defendant.
2. Establish their marital status and understand how it affects the standard of living of each party.
3. Take into account other relevant circumstances of the particular case.

After such an analysis, the specific amount that must be paid to a person with disabilities on a monthly basis is determined.

The payment amount has some features:

• it is set in proportion to the cost of living in the country or region;
• payments are subject to indexation with an increase in the “minimum wage” calculated for a more or less normal existence.

Filing an application to court

Disabled people, as indicated, are a category of citizens that are under the protection of the state. It's clear why. Accordingly, a number of benefits have been established for them when filing a claim for the recovery of alimony funds:

1. They have the right to submit an application to the magistrate's court that serves the territory of their place of residence.
2. They are exempt from paying state duty if they have a disability of groups 1 or 2.

The claim is prepared according to the general rules established by civil procedural legislation. That is, the application must contain the following information:

1. • about the judicial body competent to consider the dispute;
   • about the parties to the dispute;
   • about the cost of the claim;
   • that the applicant is exempt from paying state fees, if so;
   • about all the important factual circumstances of the case, first of all, about those circumstances that are subject to proof;
   • about the norms of legislation governing the controversial situation.

The final part of the application must formulate the plaintiff’s demands and list the documents that are annexed to the claim.

Thus, the obligation to support spouses and former spouses who are disabled is established by family law. At the same time, the obligation, let’s say, is not absolute.

If, for example, the father is obliged to pay money to minor children in any case, then money in the interests of former spouses who have a disability must be paid subject to the existence of certain conditions. And here we need to remember the provisions of the Code of Civil Procedure of the Russian Federation that the parties are required to prove all the circumstances to which they refer.

Alimony for the wife of a disabled person of groups 2, 3 during a divorce - alimony for a disabled ex-spouse

Home / Alimony / Alimony for wife, disabled husband of groups 2, 3 in case of divorce

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Everyone knows that parents must support their children; many have heard about children’s child support obligations to their parents.

But not everyone is aware that spouses must also financially support each other, including after a divorce.

The process of collecting and paying alimony to an ex-wife or ex-husband is determined by regulatory documents, in particular, the Family Code of the Russian Federation. This article covers in detail the issue of spousal maintenance after divorce.

Grounds for paying alimony to disabled spouses

The right of the ex-wife and ex-husband to receive material support is secured by Art. 89 and 90 IC of the Russian Federation. According to these legal norms, spouses are obliged to voluntarily support each other, but if this does not happen, the spouse who is disabled and in need of financial support has the right to sue and collect payments forcibly.

Let us consider in more detail what the legislator means by the concepts of disability and need, which give the right to a husband or wife to receive financial assistance after a divorce.

Disability

According to Russian and international law, disability is the ability to work and independently provide for one’s needs, lost or limited due to health conditions.

Based on law enforcement practice, the following are recognized as disabled citizens in the Russian Federation:

• men over 60 years of age;
• women over 55 years of age;
• disabled people of groups 1 and 2, after passing a medical and social examination;
• disabled people of group 3, after they have been recognized as such by a medical and social examination, if their illness excludes full working capacity.

Disabled spouses can apply for alimony during marriage and after divorce. But if the marriage has already been dissolved, it is important that the deadlines be met:

• A disabled person (ex-husband or ex-wife) can ask for alimony after a divorce only if the disability occurred during marriage or within a year after the divorce.
• As for pensioners, they can ask for alimony payments even without disability if they have been married for a long time (according to judicial practice - at least five years) and reached retirement age no later than 5 years after the divorce.

The need of a disabled spouse for alimony

The second mandatory condition for collecting alimony from a former spouse, along with incapacity for work, is need (Articles 89 and 90 of the RF IC).

The law does not have a precise and comprehensive formulation of the concept of need. Therefore, compliance with this condition is determined in each specific case - based on the combination of income and expenses, and an assessment of the accompanying circumstances.

For example, to establish the fact of need of a husband or wife who applies for alimony to their former spouses, the court takes into account:

• the presence of primary and additional sources of income for a disabled person or pensioner who is applying for alimony;
• expenses of the alimony recipient;
• special need for the purchase of medications, medical and restorative medical procedures, and provision of special nutrition;
• total income and expenses of the alimony payer;
• whether the alimony payer has other dependents, including minor children.

Example

Citizen Klimov divorced citizen Kholmogorova after 5 years of marriage. The ex-wife received group 2 disability while still married, so after the divorce she filed for alimony. Kholmogorova provided the court with a disability certificate and a certificate of the amount of the monthly benefit.

But during the trial it turned out that the plaintiff had recently sold an apartment received by inheritance, put the proceeds into a deposit account and received monthly interest payments. In addition, Kholmogorova’s daughter from her first marriage, who lives abroad, regularly transferred money to her mother for medicines and food.

The defendant Klimov provided the court with a birth certificate of a child in a new marriage. Taking into account all the circumstances of the case, the court rejected the claim.

When is a disabled spouse not entitled to alimony?

The law lists cases when a former spouse cannot qualify for financial assistance after a divorce, even in the case of disability and need. According to Art. 92 of the RF IC, the following are exempt from the obligation to support ex-husbands and wives:

• Former spouses, if the marriage lasted no more than 5 years;
• Former spouses who behaved inappropriately during marriage;
• Former spouses who became disabled due to alcohol or drug addiction during the commission of a crime;

Methods for collecting alimony

According to clause 1 of Article 89 of the RF IC, there are two possible ways to collect alimony: voluntary (by oral or written agreement) or judicial.

Voluntary order

If a husband and wife have maintained a respectful relationship after a divorce, asking for and receiving financial support when being assigned a disability will not be difficult.

A couple can agree orally or in writing and enter into an alimony agreement (Article 99 of the RF IC).

The advantages of a written document are obvious. An agreement drawn up in writing and certified by a notary is equivalent to a writ of execution and may be the basis for the forced collection of funds through the Bailiff Service if the voluntary fulfillment of obligations ceases.

Another advantage of the written form of the document is the ability to provide for all the conditions for the payment of funds: amount, regularity, method of transferring funds, and even sanctions for failure to fulfill the obligation.

Judicial order

If a husband or wife does not want to financially support each other, and even if there are legal grounds, they cannot reach an agreement and enter into an alimony agreement, they have the right to go to court and ask for forced collection of alimony.

Consideration of the issue of collecting alimony for a disabled and needy ex-spouse occurs only in the manner of claim proceedings - by filing a claim in court. Read more about the legal process for collecting alimony for an ex-husband or wife below.

How can a disabled wife or husband sue for alimony during a divorce?

Procedure and procedure

If you are a pensioner or a disabled person of group 1, 2 or 3 who needs financial support from your ex-husband or ex-wife, follow the procedure developed by lawyers:

1. Make sure that you have legal grounds for collecting alimony. Single pensioners or disabled people often ask the court to oblige the husband or wife, whom they divorced long ago, to support them, without legal grounds. Check the provisions of Art. 48 and 49 of the RF IC and consult with a lawyer (on our portal legal advice is provided free of charge), otherwise the court will not accept the claim for consideration, and you will waste time, money and hopes for help;
2. Prepare a statement of claim (a ready-made sample claim prepared by our lawyers is below);
3. Collect documents and other evidence of disability and need (an approximate list of documents is below);
4. Pay the state duty (if exemption from payment of the state duty is not expected in your case);
5. Contact the magistrate's court at the place of residence of the defendant or at your own place of residence (according to Article 29 of the RF IC), if your illness does not allow you to visit the court at the place of residence of your ex-husband or wife (which must be documented). File a claim;
6. Wait for notification of the date and time of the court hearing. The court makes a decision to accept the claim within 5 days (in accordance with Article 133 of the Code of Civil Procedure of the Russian Federation), after which it sets a date for the court hearing (no later than 1 month after filing the claim in accordance with Article 154 of the Code of Civil Procedure of the Russian Federation) and sends out notices to the parties.
7. Attend court on the scheduled date. If for good reasons you cannot attend a court hearing, ask the court to postpone the hearing or consideration of the case without your participation;
8. Take part in court hearings;
9. Receive a court decision and writ of execution.
10. Contact the employer of the alimony payer or the territorial body of the FSSP and submit an application for the collection of alimony, attaching a writ of execution issued by the court.

Statement of claim. Sample

The main document in the trial of the case will be the claim.

A legally competent claim, correct in form, containing a complete and accurate description of the circumstances of the case, provides the plaintiff with an advantage when considering the case. A claim containing errors, drawn up in violation of form and content, will not be accepted by the court, but will be returned to the plaintiff to eliminate the deficiencies within a specified period.

If preparing a claim causes you difficulties, use our recommendations and the ready-made sample presented below. Our lawyers are also ready to answer all questions that arise when preparing a claim.

According to Art. 131 of the Code of Civil Procedure of the Russian Federation, the claim must contain the following information:

1. Court name, precinct number and address;
2. Information about the parties (full name, registration and residence address of the plaintiff and defendant);
3. Title: “Claim for recovery of alimony”;
4. Statement of the circumstances of the case:

• when the marriage was concluded and dissolved, the duration of married life,
• reasons for seeking financial assistance from an ex-husband or wife (incapacity for work due to disability or reaching retirement age, need);
• substantiation of claims;

1. Reference to legal norms – articles 89, 90, 91, 99, 117 of the RF IC;
2. Claims: to recover from the defendant alimony for the maintenance of the plaintiff due to incapacity and neediness;
3. List of attachments: documents confirming the information stated in the claim;
4. Date of;
5. Plaintiff's signature.

Documentation

The list of documents is compiled individually for each case, depending on the circumstances. If you need personal advice to clarify the list of documents, write to the chat or call the hotline - consultation with a lawyer is free.

According to established legal practice, the following documents are attached to claims for alimony:

• copies of the claim (according to the number of participants in the trial);
• receipt of payment of state duty;
• copies of the parties' passports;
• a copy of the marriage/divorce certificate;
• certificate of family composition at the plaintiff’s place of residence;
• certificate of disability;
• pensioner's ID;
• documents confirming the plaintiff’s income and expenses (certificate of benefits and payments, receipts, checks, contracts, payment orders for the purchase of medicines, payment for medical procedures, utilities, and other services);
• documents confirming the defendant’s income;

Expenses

As a general rule, when filing a claim, a state fee is paid. However, the Tax Code establishes exceptions for certain categories of citizens.

So, according to Art. 89 Code of Civil Procedure of the Russian Federation and Art. 333.36 of the Tax Code of the Russian Federation, disabled people of groups 1 and 2 are exempt from paying state fees when filing a claim. If the claim is filed by a plaintiff with a group 3 disability or a pensioner, the state fee for filing a claim for alimony will be 150 rubles. (according to Art. 333.19).

Compensation for the paid state duty may be assigned to the defendant if the claim is satisfied.

Term

According to Art. 107 of the RF IC, if there are legal grounds for collecting alimony, citizens can go to court at any time. There is no limitation period.

The duration of consideration of the case in court is up to 2 months. But the calculation and payment of alimony is carried out not from the moment the court makes a decision, but from the moment the claim is filed.

In some cases, it is possible to collect alimony for the past period of time – up to 3 years.

To do this, the plaintiff must prove that during the specified period (up to 3 years) prior to going to court, he made unsuccessful attempts to obtain financial assistance from his ex-husband or ex-wife, and was refused. Evidence can include testimony, letters, online correspondence, and recordings of telephone conversations between divorced spouses.

Amount of alimony

The amount of alimony for a husband or wife with a disability can be established in one of the following ways:

• by voluntary agreement between the parties - the payer and the recipient of cash payments;
• By the tribunal's decision.

If the case is considered by the court, all circumstances and individual characteristics are taken into account:

• What amount of money is not enough for a disabled person to meet basic needs?
• What are the additional needs of a disabled person?
• What is the financial and marital status of the paying spouse?
• Does the spouse have the financial capacity to provide financial support to the disabled spouse?
• Does the married couple have children together? Do they provide financial support to parents?

Thus, when determining the amount of the monthly alimony payment, the court takes into account not only the income and expenses of the disabled spouse, but also the income of the spouse paying the alimony (according to Article 91 of the RF IC).

Alimony for an ex-husband or ex-wife is established only in a fixed amount of money. The amount of money is usually a multiple of the minimum subsistence level (ML) in the region of residence of the alimony recipient.

But a multiple does not mean equal to the subsistence level: the court can award alimony in the amount of half, a quarter or two monthly minimums, depending on the circumstances.

Example

Citizen Tomashevsky S. paid his former disabled wife, group 2 Tomashevskaya L., in the amount of 1.5 times the subsistence minimum in the Rostov region. 2 years after the penalty was imposed, L. Tomashevskaya underwent a medical and social examination and received group 3 disability. Tomashevsky S.

filed a claim to cancel alimony, the defendant filed a counterclaim, in which she provided evidence that due to her illness she could not work in her profession. Tomashevskaya L. also provided the court with certificates of income (disability benefits) and documents confirming her expenses for treatment and meeting basic needs.

The court partially satisfied the claim of Tomashevsky S., reducing the amount of alimony to 1 subsistence level.

Payment procedure

The procedure for paying alimony depends on how it was collected:

• If sums of money are paid by agreement between spouses, the alimony agreement may specify any method, order and frequency of transfer. One-time financial assistance or transfer of valuable property (for renting, selling and depositing the proceeds into a deposit account) for alimony payments is not excluded - if the parties agree on this;
• If alimony is ordered by the court, alimony must be paid monthly, in a fixed amount of money assigned by the court, no later than 3 days after receipt of income (salary, pension, benefits).

The procedure for transferring payments may be as follows:

• By postal transfer to the recipient's address;
• By bank transfer to the recipient's account;
• Payment of cash at the cash desk of an organization, institution, enterprise at the place of work of the alimony payer;
• Transfer of cash “from hand to hand” against receipt.

Alimony for a disabled former spouse: in what cases alimony payments are not collected, amount and payment procedure

Contrary to the opinion that alimony is a sum of money collected from a former spouse solely for the upbringing and maintenance of joint children, it can also be recovered in favor of a former spouse (Article 90 of the Family Code of the Russian Federation, hereinafter - FC RF).

One of the grounds for collecting alimony from a former spouse is the complete or partial incapacity for work (disability) of the second former spouse (clause 3, clause 1, article 90 of the RF IC) and need.

The need of a disabled former spouse for material support is an evaluative concept and requires confirmation by providing documents on his income and expenses.

The amount and procedure for payment of alimony can be agreed upon by the parties by entering into an agreement or by the court in a fixed sum of money, a multiple of the subsistence minimum or a fraction of it.

The court has the right to refuse to satisfy claims if the plaintiff, through his actions, contributed to the onset of disability, led an immoral lifestyle during marriage, committed illegal actions against the defendant, or is able to provide for his own livelihood.

Grounds for paying alimony to a disabled ex-husband or wife

Former spouses, being in a needy situation and having a complete or partial disability (disability of I, II, III groups) have the right to apply to the court with a request to recover money (alimony) from the second spouse for their maintenance in the presence of certain circumstances.

In accordance with the law, disabled people incapacitated , i.e.

persons with health impairments accompanied by persistent impairment of vital functions of the body, resulting from various injuries, diseases, birth defects, leading to limitation of normal life activities, as well as the need for social protection of such people (Chapter 1 of Federal Law No. 181-FZ “On Social Protection of Disabled Persons” In Russian federation").

To recognize a person as incapacitated (disabled), a special medical and social examination is carried out, based on the conclusion of which a corresponding certificate , which is the official confirmation of the disabled person’s status. However, the former spouse’s disability in itself does not entail the obligation to award him alimony.

The court resolves the issue of collecting alimony in connection with the disability of one of the former spouses only if there is one of the grounds provided for by law. These include:

• need;
• disability acquired before the divorce;
• disability that occurred within a year from the date of divorce (clause 3, clause 1, article 90 of the RF IC).

Need is an evaluative concept and consists in determining by the court the level of material security of the person applying for alimony.

The court must establish and verify facts confirming ’s unsatisfactory financial situation —the neediness of the plaintiff. These include:

• sources of income of the plaintiff and their size;
• stability of income, as well as factors influencing changes in its size and frequency;
• the proportionality of the plaintiff’s income and expenses for ensuring his livelihood;
• the presence of joint minor children of a divorced couple, their place of residence and method of maintenance;
• availability of financial support from other family members;
• other circumstances affecting the financial situation of the parties to the case (for example, the need for expensive treatment).

The court must take into account the doctors' opinion on whether the disabled spouse, if he has a corresponding illness, can engage in work activities. So, for example, disability groups II and III can be workers.

Example

Citizen L. and citizen E. lived in a registered marriage for 7 years, after which they decided to divorce. Citizen L., while married, received an industrial injury and was recognized as a disabled person of group II.

During the divorce, the latter filed a claim in court to collect alimony from his ex-wife for his maintenance due to incapacity for work. However, at the court hearing it was established that after registration of disability, citizen L.

is not in need and can independently provide for its livelihood. On this basis, the plaintiff's claims were rejected.

In what cases is alimony not collected from a disabled former spouse?

Article 92 of the RF IC indicates the circumstances in the presence of which the court has the right to refuse to satisfy claims for maintenance of a disabled former spouse or to limit the time period for fulfilling such obligations.

The spouse must be exempt from paying alimony for the maintenance of the former spouse in cases where the latter himself, through his actions, contributed to the onset of incapacity (for example, alcohol or drug abuse, committing a deliberate crime) or led an immoral lifestyle, used violence against the spouse in period of marriage, committed a crime against the defendant. Alimony for the maintenance of a disabled spouse is not collected even in cases where the spouses were married for a short time, for a period of up to 5 years. When making a decision, all of these circumstances are assessed by the court on the basis of personal conviction and require official (including documentary) confirmation.

Alimony for the maintenance of a disabled former spouse cannot be recovered in cases where the person’s incapacity for work occurred before marriage or a year after its dissolution, as well as when the disabled former spouse is not a needy person and is able to provide for himself.

Example

Citizen S. and citizen K. lived in a joint marriage for 5 years, after which they decided to dissolve it. Citizen S. at the time of marriage was a disabled person of group II, which his wife knew about. He acquired his disability while playing sports. After the divorce, citizen S.

decided to go to court to collect from his ex-wife, citizen K., alimony for his maintenance due to disability. The court refused to satisfy S.’s claim, citing the fact that he became disabled long before marriage, and therefore, in accordance with paragraph 3 of paragraph 1 of Art.

90 of the RF IC, his disability is not a basis for collecting alimony.

Application for alimony for a disabled spouse

A statement of claim for the recovery of alimony in favor of a disabled former spouse must be filed with the court of first instance. The place where the claim is filed is determined by the plaintiff . Thus, the application can be filed at the place of residence of the defendant or at the place of residence of the plaintiff, at the choice of the plaintiff (Clause 3 of Article 29 of the Civil Procedure Code of the Russian Federation, hereinafter referred to as the Code of Civil Procedure of the Russian Federation).

For statements of this kind, there are requirements regarding the limitation period provided for by the Civil Code of the Russian Federation, which is 3 years (clause 7 of article 38 of the IC)

A plaintiff who is a disabled person of group 1 or 2 is exempt from paying state fees for consideration of a claim in court (Article 333.36 of the Tax Code of the Russian Federation, hereinafter referred to as the Tax Code of the Russian Federation).

In all other cases, the plaintiff is obliged to pay a state fee, which is calculated based on the price of the claim and the court to which the application is submitted (Article 333.19 of the Tax Code of the Russian Federation).

If the court makes a decision in favor of the plaintiff, the costs of paying the state duty are shifted to the defendant.

on drawing up a statement of claim as for any statement of claim (Article 131 of the Code of Civil Procedure of the Russian Federation). So, the application is drawn up in writing and has the following structure:

• information about the judge to whom the application is being submitted (name, district under his jurisdiction), as well as information about the plaintiff (full name, contact information, place of residence) and the defendant (full name, contact information, place of residence), their representatives authorized to submit the application;
• if the claim is subject to assessment, then its price is indicated (based on the total amount of alimony for the year);
• an introductory part containing general information about marriage and the procedure for cohabitation (date of marriage and its dissolution, whether a joint budget was maintained during cohabitation, whether there are joint children);
• a motivational part containing information about the circumstances that prompted the plaintiff to apply to the court with a corresponding statement with arguments (circumstances of receiving disability, justification for the need for help);
• the final part containing a request addressed to the judge to collect alimony from the ex-spouse (the fixed monetary amount of alimony for which the plaintiff is claiming should be indicated);
• a list of documents attached to the application indicating their names and volume in sheets (a copy of the statement of claim for the defendant, a copy of the plaintiff’s passport, a copy of the divorce certificate, documents confirming the plaintiff’s need and the amount of his income, documents confirming the amount of necessary material support for the plaintiff, if available, documents confirming the amount of income of the defendant) (the list of documents attached to the application is defined in Article 132 of the Code of Civil Procedure of the Russian Federation).

Amount and procedure for paying alimony to a disabled spouse

The amount of alimony and the procedure for its payment to the plaintiff can be agreed upon by the former spouses independently with the conclusion of an appropriate agreement or determined in court (clause 2 of Article 90 of the RF IC).

If an agreement between the spouses regarding the amount and payment of alimony is not reached , the court determines the amount of alimony in a fixed amount of money to be paid monthly (Article 91 of the RF IC). For the convenience of indexing alimony, the court sets it in an amount that is a multiple of the subsistence minimum or as a share of the subsistence minimum (Article 117 of the RF IC). When determining the amount of alimony, the court takes into account:

• financial situation of both spouses;
• marital status of both former spouses (Article 91 of the RF IC);
• the minimum subsistence level in the place of residence of the plaintiff (the subsistence level in the subject of the Federation is taken as a basis, and in the absence of such, in the Russian Federation as a whole).

There are no instructions on the minimum and maximum amount of alimony in the legislation .

In the event of a further change in the amount of the subsistence minimum, alimony assessed by the court is subject to indexation in proportion to the subsistence minimum for the socio-demographic group of the population to which the plaintiff belongs (Article 117 of the RF IC).

Questions from our readers and answers from a consultant

Does my ex-spouse have the right to receive alimony from me for disability if he has working group II disability (disability acquired during marriage)?

Your income will also be assessed from the point of view of the possibility of providing assistance to your ex-spouse. If the court comes to the conclusion that your ex-spouse is in a needy situation, and your income allows you to provide him with material support, alimony will be collected from you for the maintenance of your disabled ex-spouse.

After the divorce, the disabled ex-wife was placed in a nursing home, where she is provided with appropriate treatment. A few months after the divorce, already in a nursing home, my wife filed a claim to recover alimony from me for her maintenance due to her inability to work. Is she entitled to such alimony?

Yes, it has. However, in order for the court to make a decision to collect the specified alimony from you, the ex-wife will need to confirm her needy situation related to the need for improved nutrition, expensive treatment, etc., which the social institution cannot provide her with.