Sample application for alimony for wife up to 3 years

Sometimes situations arise when a pregnant woman or mother with a baby is left without the financial support of her husband. This can occur both during marriage and after divorce. How a spouse in a situation or who has a child under three years old can collect alimony from her husband for herself and the child, where to go and what is needed for this, we will consider later in the article.

Reasons for payments

The legal basis for awarding alimony is the Family Code of the Russian Federation. Its articles establish the obligation of parents to financially provide for their children, the amount of payments and the procedure for assigning them (Articles 80-83).

A husband and wife, being legally married, are obliged to support each other, including financially.

Sometimes a man does not do this voluntarily during a period when his wife is pregnant or is raising a common child under three years of age.

In this case, a wife who is on maternity leave can receive through the court not only alimony for the baby, but also cash payments for her maintenance.

Both a married woman and a divorced woman have the right to file a claim in court for the recovery of spousal support. In this case, a child can be born both during the period of marriage, and after the dissolution of the marriage (no later than 300 days). In any of these cases, the husband is obliged to provide financial assistance to his wife, even his ex-wife.

The law imposes such responsibilities on a man, since it is during this period that a woman will need special support, both financial and moral. She may require improved nutrition or medical care, and is unable to work full time and earn a decent living.

Thus, if the wife is on maternity leave, then alimony is paid to her and the child.

Alimony for the maintenance of a mother with a child under 3 years old

The court collects alimony for the spouse in a fixed fixed amount, transferred monthly. Establishing the amount of maintenance in percentage terms is not provided for by law. When determining how much to pay regularly, the financial and marital status of both parents is taken into account.

The court may establish alimony as a multiple of the minimum subsistence level determined in the mother’s place of residence. If its size changes, the bailiff will index the payments. Alimony can also be paid to a woman who receives income before the child turns three years old. The court will take into account the level of her earnings when establishing the specific amount of payments.

For the obligation to make payments to the wife to arise, the husband must have the financial ability to do so. When deciding this issue, the court is obliged to carefully examine data on the defendant’s financial situation.

An example is that the husband has property that allows him to make a profit (a building or transport that can be rented out) or regular payments (pensions and others).

It is also necessary to take into account whether such a spouse has obligations to support other persons. This could be alimony for children from another marriage or for needy parents. The assignment of payments should not cause a significant deterioration in the situation of the payer himself, his new family or those to whom he is obliged to provide financial support.

Maintenance can also be obtained from a spouse who is disabled or retired. This is acceptable if, in addition to social benefits, he has other permanent sources of income.

Size

Alimony payable to a child can be collected either in shares or in a fixed amount.

The law determines the following amount of alimony paid by the father every month:

• if the father has one child – a quarter of the parent’s total income;
• if there are two, a third of the income;
• when there are three or more children - half of all earnings.

A fixed amount to be transferred by the father to the child monthly may be appointed by the judge in the following cases:

• father does not work for a long time;
• the parent's income is unstable;
• salaries are paid in currency or in kind;
• other situations in which percentage maintenance violates the rights of the child.

When determining how much should be paid monthly, the court is obliged to establish alimony that best meets the child's needs.

Registration requirements

Spouses can determine for themselves how much and how the husband will pay his wife and child. In this case, they need to contact a notary. The latter, based on the agreements reached, will formalize the agreement. This document will set out the specific amount and timing of payments.

The document on voluntary payment of alimony must be certified by a notary. If you do not do this, it will not have legal force. If everything is formalized correctly, then neither the husband nor the wife has the right to evade fulfilling its conditions.

If subsequently the father does not pay or transfers money in a smaller amount, the mother has the right to turn to the bailiffs. Based on her application, enforcement proceedings will be initiated. The bailiffs will send documents to the father’s place of work, according to which the accounting department must collect funds from the spouse’s salary.

registration. When the parents are unable to reach an agreement among themselves, they will have to demand payments through the court. It is necessary to prepare a statement of claim for the recovery of alimony for the mother and child. It must be submitted in accordance with the jurisdiction. The application must be written to the magistrate's court. According to the requirements of procedural legislation, it must be addressed to the place where the defendant, the husband, is registered. However, there is an exception that allows in these disputes, given the presence of a young child, the mother to contact her at her place. Therefore, you can write to where it is convenient for the plaintiff.

A completed sample application for alimony for the maintenance of a wife and child can be sent by mail or personally taken to the office. After the court makes a decision, if you disagree with it, you need to file a complaint. This is done before the expiration of a month after the decision is issued.

How to file a claim correctly

When filling out a sample statement of claim for the recovery of child and maternal alimony from a spouse, it must be taken into account that the template must contain the following data.

1. Name of the court.
2. FULL NAME. spouses, their contact details.
3. Name of the form.
4. Price of annual claims (the amount of monthly requested alimony multiplied by 12).
5. Description of the circumstances of the case (marriage or its dissolution, pregnancy or child under three years of age, failure to provide financial support by the defendant).
6. The amount of monthly payments that the wife claims.
7. Data on the financial and marital status of the parties (place of employment, amount of earnings, presence of dependents, other information).
8. Links to articles of law.
9. Request for alimony.
10. Table of contents listing attached documents.
11. Date, signature.

If you plan to collect only child support, and your spouse has no more children, then you need to file not a lawsuit, but an application for a court order.

Example

• An example of a completed claim is as follows.

After you have completed the sample application for child support for a child under 3 years of age and for the maintenance of his mother, you need to prepare a set of necessary documents. The following must be attached to the claim:

1. A copy of the marriage or divorce document.
2. Medical certificate of pregnancy or birth of a child.
3. Certificate of registration indicating family composition.
4. Information about the plaintiff's income.
5. Documents about the financial situation of the defendant (if any).
6. A copy of the claim with attachments for the defendant.

The law exempted applicants from paying fees for the consideration of the case. You do not need to attach a receipt for payment of the state duty.

When the child's mother is not entitled to child support

When filing an application in the cases listed below, the court may refuse to collect maintenance in favor of the woman.

A short period of marriage.

If the husband and wife were not married for long before the latter’s pregnancy, payments may be denied. The law does not establish specific criteria by which a marriage is considered short-lived. The judge evaluates each marriage individually. In practice, the claim may be rejected if the spouses have been together for no more than a year or two.

If pregnancy occurs during cohabitation (in the form of a civil marriage), according to the law, a woman cannot demand payments for her maintenance. Such responsibilities can only be assumed by the child's father voluntarily.

The conception did not occur during marriage.

The wife has the right to receive funds only if the pregnancy occurs during the official marriage. If the child is conceived before the relationship is registered or after a divorce, the mother’s court will refuse the claim.

The fact that the ex-husband is the father will not matter (this will need to be proven separately in court).

If controversial questions arise about exactly when pregnancy occurred, an appropriate medical gynecological examination can be carried out. It is also prescribed if the spouse claims that it is impossible for him to conceive due to his health condition.

The spouse's behavior was considered unworthy.

The law does not establish what specific actions can be classified as such. This is done by the judge for each dispute separately. This usually includes excessive consumption of alcohol, drugs, recorded facts of violence against family members, and the commission of crimes and offenses.

The spouse is not the father of the child.

The fundamental basis for collecting maintenance from the spouse will be that the father of the future or already born child is the husband.

If the defendant has doubts about this circumstance, he has the right to bring his objections to the judge.

You can also draw up a counterclaim to challenge paternity, submit a petition for an examination with taking DNA samples. If the fact of paternity of the former spouse is denied, funds cannot be recovered.

If a claim is filed during pregnancy, it is impossible to determine who the future father is. The court suspends the case until the baby is born. If evidence is presented of the impossibility of conceiving from a spouse (certificates of infertility, long-term absence from work, etc.), the court can make a decision at this stage.

Financial situation of the spouse.

A situation may arise when the husband does not have a regular income (for example, he is a full-time student) or alimony will lead to a significant deterioration in the life of the payer himself or his dependents. In this case, the mother's claim will be denied.

If a man fails to provide financial assistance to his wife, who is expecting or has already given birth to a baby, even after a divorce, she has the right to receive it in court. In this case, the spouses must be officially married, and the pregnancy occurred at this time.

Child support is assigned regardless of the financial capabilities of the payer, as a percentage of earnings or in a certain amount. When collecting funds for the mother, the financial and marital status of the spouses is taken into account, payments are established only in a fixed amount.

Under a number of circumstances, the court has the right to refuse a woman to receive maintenance from her husband.

Alimony for the mother of a child under 3 years old, form and claim form

How to get child support for the mother of a child under 3 years old? When filing a claim for divorce in court, not only the union of two hearts collapses, but also the overall budget. A woman may be left alone with a child or several children without a means of support.

This happens when the mother is on leave to care for a child under 3 years old or is pregnant. That is, she is actually disabled.

A woman has the right to alimony not only for the benefit of her children, but also for herself. And if the husband and wife managed to get a divorce, then it makes sense to think about how to receive alimony for the spouse for up to 3 years. After all, a woman needs to support not only a small child, but also herself.

It’s worth noting right away that the process of receiving payments in this case differs little from how child support is collected. Meanwhile, there are some nuances that this article will talk about.

Articles 89 and 90 of the Family Code provide for the protection of the wife’s interests in obtaining funds for her maintenance, obliging the father to pay alimony to the child’s mother until he reaches the age of 3 years.

How to get child support for your mother in 2023? Let's look at it in this article.

Alimony for maintaining a wife for up to 3 years is awarded after divorce. Additionally, the payment period includes the period of pregnancy of the ex-wife.

Unlike child support, maintenance of the former spouse is carried out in payments of a fixed sum of money. Its size is calculated by the court based on the minimum subsistence level.

A former married couple has every right to sign a spousal support agreement with a notary. In this case, the agreements may contain a clearly defined figure for alimony.

How to get child support for a non-working mother up to 3 years old: conditions

The grounds for collecting alimony for the maintenance of a former spouse for up to 3 years are listed below.

Alimony for the maintenance of a child's mother after a divorce or marriage can be recovered from the father if:

1. The common child is under 3 years old, and the mother is on leave to care for him.
2. The wife is not employed.
3. The spouse is pregnant at the time of divorce or 300 days after it.
4. The defendant does not dispute paternity, or this fact has been established by the court.

It is quite natural that a woman raising a small child alone may experience objective financial difficulties. And in this case, alimony for a wife on maternity leave is intended to cover the costs of food and medical supervision.

The court will take all these factors into account when awarding alimony to the child’s unemployed mother. Therefore, for the trial, the mother who is left alone should provide a certificate from the social security authority and other services about the amount of benefits and payments received.

Application for maintenance of the mother of a child until he reaches 3 years of age

If you have every reason to demand this type of content, you must file a claim in court.

The application must contain information about the grounds and amount of payments.

To a claim for alimony for the maintenance of a former spouse, you must attach :

1. Certificate of income, plaintiff and defendant.
2. A certificate from the passport office about the place of residence.
3. Birth certificate.
4. Court decision to establish paternity (if necessary).
5. Certificate of divorce (conclusion) of marriage.

If necessary, the magistrate may request additional documents.

The amount of alimony for the maintenance of the ex-wife

When preparing a claim for alimony for the child's mother, the question arises: what amount of alimony can you receive?

Alimony for the ex-wife in 2023 is paid by the father of the child until he reaches the age of 3, monthly and in a fixed form.

The amount of these payments is calculated based on the minimum wage in the plaintiff’s region of residence, taking into account the subsistence level. As a rule, the amount of child support for a mother up to 3 years does not exceed the subsistence level.

However, the indicated size may be significantly higher, taking into account certain life circumstances, for example, the mother’s prolonged illness.

If there is no established cost of living in your region, the average for Russia is used for calculation. When this indicator changes, the amount of alimony is indexed accordingly. This happens without additional statements, automatically.

The procedure for collecting alimony for the maintenance of a non-working mother

1. During the trial, the court, taking into account all the circumstances, if there are all the necessary grounds, will decide to satisfy the claims and collect alimony for the maintenance of the mother of a child under 3 years of age.
2. This decision is provided to each of the parties, and if within 30 days from the date of its issuance in final form it is not appealed, it is sent to the bailiff service by the applicant.
3. Where does enforcement proceedings begin to collect alimony for the maintenance of the ex-wife and children.
4. If the mother subsequently gets a job, she loses the right to receive this type of maintenance.

Who can receive alimony

There are several conditions for a woman who has a small child in her arms to be able to count on receiving alimony.

First of all, the child’s mother can count on alimony for her maintenance up to 3 years, but on the condition that the son (daughter) was born within the framework of an official marriage.

A non-working mother will be required to provide evidence that she really needs financial assistance in raising a child. Therefore, you should collect all the necessary information in advance.

Note! Current legislation does not provide for the possibility of receiving alimony for the mother of a child outside of marriage. When filing a claim in court for the maintenance of the mother of a child under 3 years of age, the woman will be denied.

Is it possible to collect a penalty?

If alimony is not paid on time, then the law provides for a penalty. The Family Code stipulates a penalty of half a percent for each day of delay.

You can also calculate the approximate amount of sanctions on our website online. A special alimony penalty calculator has been created for this purpose. The calculation results can be compiled into a separate document, printed and attached to the lawsuit.

However, before presenting it, you should take a certificate from the bailiff regarding the amount of the debt. It is advisable to order it by month. This will make it much easier to calculate the total amount of sanctions.

It is also necessary to remember about the existence of a statute of limitations in relation to the collection of penalties. It is 3 years after the child reaches three years of age. In addition, the former spouse has the right to reduce the amount of alimony, if there are grounds.

If my husband doesn't pay, what should I do?

Most mothers ask the question: My husband does not pay alimony for my maintenance, what should I do? Where should I go?

In fact, there are several ways to force a debtor to fulfill his obligations to his ex-spouse. The penalty has already been mentioned, but there are several other methods (domestic and legal).

And also in some cases, contacting the prosecutor’s office helps. They themselves have no right to collect alimony. But instructions that must be followed will be sent to the necessary authorities.

• The form can be viewed on the page: Sample complaint to the prosecutor about the inaction of the bailiff.
• Through the bailiffs, you can try to deprive your ex-spouse of his driver's license until he pays off the debt.
• However, in this case, it is necessary that the amount of unfulfilled obligations exceed the threshold of 10 thousand rubles.

With the same amount, the question of limiting freedom of movement can be raised. With this option, the ex-spouse will be prohibited from leaving the Russian Federation.

We should also not forget about administrative or criminal prosecution of the debtor. First come administrative sanctions. If they do not help, then the bailiffs have the right to initiate a criminal case.

In any case, the mother herself has the right to decide how best to protect her rights.

An example of a statement of claim for child support for the mother of a child under 3 years of age

Below is a sample statement of claim for the recovery of alimony for the maintenance of the ex-wife until the child reaches three years of age, as well as for children.

This sample application complies with current legislation. You can always edit the application to suit your needs.

The Family Code provides for the payment of alimony not only for children. The child’s mother can additionally be the recipient of financial assistance, provided that the child is under three years of age.

In this case, the court always orders payments in a fixed amount. For a son or daughter, contributions can be made as a percentage of the father's income (provided that he has a stable income).

An official marriage was concluded between me, Zoya Viktorovna Filippova, and Andrei Konstantinovich Kuzmin on May 16, 2017. In confirmation of this fact, the Golovinsky district registry office issued a certificate number 223668.

During the period of family relations, we had a son, Kuzmin Kirill Andreevich, born on February 1, 2018.

On June 17, 2018, the Magistrate of the 68th precinct of Moscow made a decision on divorce (case No. 438/19). On September 18 of the same year, the registry office received a divorce certificate.

At the moment, my son and I need financial support. I need money for medicine. I also don’t have enough money to buy food and clothes for my son.

In accordance with Art. 90 of the Russian Family Code, an ex-wife has the right to demand maintenance from her former spouse in the form of alimony until the child turns 3 years old. Based on Article 91 of the Code, payments are awarded in a fixed amount.

I estimate my needs for help at 20,000 rubles. This amount includes the purchase of medicines and payment of utility bills.

In addition, I consider it necessary to note the following. Currently, the ex-husband works as a chief engineer at Spartak LLC and has a stable and high salary. Accordingly, he has the opportunity to provide for me and the child.

Based on Article 81 of the Family Code, if the payer has a permanent income, the amount of alimony is a quarter of earnings.

Guided by the above and articles 81, 90 and 91 of the Family Code of the Russian Federation

I ask the court:

1. Assign alimony from Andrey Konstantinovich Kuzmin for the maintenance of Zoya Viktorovna Filippova in the monthly amount of 20,000 rubles until the child turns 3 years old.
2. Withhold from the income of Kuzmin Andrey Konstantinovich alimony in the amount of 1/4 for his son, Kuzmin Kirill Andreevich.

Application:

Copies of marriage and divorce certificates.

A copy of your son's birth certificate.

A copy of the decision of the magistrate of the 68th precinct of Moscow dated June 17, 2017 in case No. 438/19.

1. Documents confirming the plaintiff’s health status.
2.  Certificate from the social security authority.
3. A copy of the statement of claim for the recovery of alimony for the mother and child under 3 years of age for the defendant.

Plaintiff: Filippova Z.V.

Application for maintenance of the mother of a child until he reaches 3 years of age

The court determines payments for the mother and small child separately. Several factors are taken into account. First among them is the financial situation of the alimony recipient.

In addition, I would like to give practical advice:

1. In the claim, the woman must justify her need for maintenance from her ex-husband. If there are documents to support the arguments, copies of them are also attached.
2. Evidence of ongoing expenses for the child may be required. Therefore, it is advisable to keep copies of checks, receipts
3. It is not superfluous to place special emphasis on the fact that the ex-spouse has sufficient capabilities both to support the baby and his mother.

The court issues separate writs of execution for 2 types of alimony. The fact is that bailiffs can work with them in different ways. Consequently, further monitoring of the progress of enforcement proceedings should not be neglected.

Statement of claim for spousal support

The law establishes the right of a spouse, including an ex-wife, to receive maintenance from his or her husband or wife, that is, the opportunity to file a claim for spousal support at any time. This right is a direct implementation of the spouses’ obligation to provide mutual support.

Material support most often consists of the family maintaining a common budget, into which each of them invests the money they earn and each has the right to take certain amounts for personal expenses. In some families there is no common budget, but the wealthier husband periodically provides his wife with certain amounts of money.

Forms of material support come in various forms, but often such assistance is not available. In these cases, the spouse has to go to court with a claim to collect alimony for his maintenance.

Grounds for collecting alimony for a spouse

Spouses can agree among themselves and provide financial support voluntarily or enter into an appropriate agreement.

Please note: Agreement on payment of alimony

In cases where it was not possible to reach a peaceful resolution of the issue, a claim is filed to recover alimony for the spouse.

The following spouses will have the right to receive alimony through the court:

• disabled spouse in need of financial support. for example, a pensioner who has a small pension.
• a pregnant wife, as well as a wife until their common child reaches the age of 3 years.
• a non-working husband or wife caring for their shared disabled child.

Other spouses, while married, do not have the right to demand alimony for their maintenance through the court.

Grounds for collecting alimony for a former spouse

After the divorce, some categories of spouses still have the right to demand alimony from their former spouses for their maintenance.

Ex-wives who become pregnant or give birth to a child from their husband have an unconditional right to demand alimony. These women retain their right to receive alimony until the child reaches 3 years of age. The obligatory basis is the origin of the child from the defendant.

An ex-wife has the right to receive alimony from her spouse if pregnancy occurs during marriage and a common child is born no later than 300 days from the date of termination of the marriage. It is in these cases that the paternity of the spouse is assumed until proven otherwise.

May be useful: statement of claim to challenge paternity

In addition, the former spouse has the right to file a claim for the recovery of alimony for his maintenance if the need for outside help coincides with the following factors:

• a former spouse caring for a common disabled child under the age of 18 or a common child who has been disabled since childhood, group I. In order to receive alimony on this basis, the common child must become disabled under the age of 18 or the child must be recognized as disabled from childhood in group I after reaching adulthood, as well as the ex-spouse’s need. At the same time, the reasons and moment of the onset of the child’s disability do not affect the possibility of collecting alimony. Alimony can also be collected if the child’s disability occurs after the divorce. The claimant must independently care for such a child; placement of the child in a specialized institution is grounds for termination of collection.
• a disabled former spouse who became disabled before the dissolution of the marriage or within one year from the date of dissolution of the marriage. In this case, we mean disability that arose as a result of disability, or in connection with the spouse reaching retirement age (55 years for women, 60 years for men). When deciding whether to collect alimony on this basis, the court will take into account the causes of disability.
• a spouse who has reached retirement age no later than five years from the date of divorce, if the spouses have been married for a long time. This circumstance follows from the previous basis for collecting alimony. It was introduced into law in order to protect the rights of a spouse who was involved in housework during the marriage and did not have independent income, which will affect the size of his pension. The grounds for retirement and the age at which the needy spouse received such a pension have no legal significance. The law does not specify what is meant by the words “married for a long time.” It seems that in each specific case the court will establish this circumstance based on factual data. Based on judicial practice, a marriage that lasted more than ten years is considered long-term.

Release from alimony obligations of a spouse (former spouse)

The court releases one spouse from the obligation to support the other, that is, according to the statement of claim for the recovery of alimony for the spouse, a decision will be made to refuse to satisfy the requirements, if:

• the spouse in need of assistance has become incapacitated due to alcohol abuse, drug use, or as a result of committing an intentional crime. These circumstances must be confirmed by official documents containing the reasons for the injury or illness.
• The marriage between the spouses did not last long. There are no clear criteria by which the duration of a spouse’s marriage can be called short. You need to take into account the age of the spouses, the time they lived together and other facts. In judicial practice, marriages lasting up to 5 years are usually considered short-term, while marriages lasting up to 1 year are always recognized as short-term. If the marriage lasts from 1 to 5 years, it is advisable to limit the alimony obligation to the duration of the marriage.
• the spouse demanding alimony behaved unworthily in the family. Unworthy behavior can include cases where the spouse spent family funds not in the interests of the family, did not raise children, did not want to work for a long time, mocked other family members, committed other unworthy acts or a crime against the spouse.

How to file a claim for spousal support

A wife or husband, including ex-wifes, can file a claim for alimony for their maintenance, if they have the right to demand it. The statement of claim for alimony for spousal support must indicate the grounds for filing a claim in court, describe the financial situation of the parties and justify the amount of alimony to be collected.

May be useful: Spousal support amount

The main thing when drawing up an application is to indicate valid, truthful information about the existing relationship and the financial situation of the spouses.

For example, a wife should not exaggerate her ex-husband’s income, citing the complete lack of her own income. if they are. In court, you will need to support all your arguments with evidence by submitting written documents.

Therefore, false information can also play against the party who unreasonably filed claims.

If it is not possible to submit documents to the court. confirming the defendant’s income, a petition should be filed to claim it, for example, from his place of work.

May be useful: Petition to obtain evidence

Filing and consideration of a claim for the recovery of alimony for a wife (husband)

A claim for alimony for the maintenance of a wife or husband is submitted to the magistrate at the place of residence of the defendant. If the defendant lives in another city, the statement of claim can be sent by mail, even asking for the case to be considered in the absence of the plaintiff, if it is impossible to leave.

Please note: Application for consideration of the case in the absence of the plaintiff

When considering the case, the magistrate will examine documents confirming the financial situation of both the plaintiff and the defendant, so it is better for the plaintiff to prepare them in advance.

Alimony is collected monthly in equal payments. The amount can be indexed. The plaintiff is exempt from paying state fees when filing a claim for the recovery of alimony for spousal maintenance.

Before using the claim template, we recommend that you familiarize yourself with the basic rules for drawing up a claim statement.

To the magistrate of court district No. _____ in the city ____________ Plaintiff: _______________________ (full name, address) Defendant: _____________________ (full name, address)

Statement of claim for alimony for wife's maintenance

“___”_________ ____ I and _________ (full name of the defendant) got married. We live together at the address _________ (if the spouses live separately, indicate the period and reasons).

The husband has a stable permanent income, on average monthly in the amount of _______ rubles. The money received by the spouse is spent by him only on his personal needs; we have not had a common family budget since _________ (indicate from what period there is no common joint budget, the reasons for this).

I am unable to provide for myself on my own because I gave birth to a child _________ (full name and date of birth of the child), and I am on maternity leave for up to 3 years.

My income consists of _________ (indicate the plaintiff’s sources of income) and amounts to _______ rubles. monthly. My necessary monthly expenses average _______ rubles, which must be spent on _________ (indicate the plaintiff’s necessary expenses for food, clothing, medicine, housing, etc.). I always lack _______ rubles. per month.

My husband knows about my difficult financial situation, but does not take any measures. My requests for voluntary financial support were ignored. Attempts to reach a peaceful agreement did not yield any results. The defendant motivates his refusal by the fact that _________ (indicate the reasons for the husband’s refusal to provide financial assistance voluntarily).

The cost of living in _________ (name of the subject of the Russian Federation where the plaintiff lives) is _______ rubles, for the ____ quarter of ____ year. The specified size is established on the basis of _________ (specify the regulatory act). Taking into account the financial situation of the parties, the amount of maintenance should be set in the amount of ____ (indicate the amount in shares of the subsistence minimum, for example, ½ or 1.5 or 2).

• Taking into account possible changes in consumer prices during the period of collection of alimony by court decision, it is necessary to determine a mechanism for indexing alimony collected by the court in a fixed amount, based on changes in the size of the subsistence level.
• Based on the above, guided by Articles 89, 91, 117 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,
• Ask:

1. Collect from _________ (husband's full name) in favor of _________ (wife's full name) monthly alimony in a fixed sum of money ____ (indicate the amount of a fixed sum of money in shares of the subsistence minimum) for the maintenance of the spouse from "___"_________ ____ to "___"_________ ____ G.
2. Establish that alimony collected by the court is subject to indexation based on changes in the cost of living in the territory of _________ (indicate the subject of the Russian Federation or the Russian Federation as a whole).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Copy of marriage certificate
3. Copy of the child's birth certificate
4. Documents confirming the plaintiff’s need to receive maintenance
5. Documents confirming the plaintiff’s income
6. Documents confirming the defendant’s income
7. Documents confirming the amount of required security for the plaintiff
8. Other documents confirming the grounds for the claim for the recovery of alimony for spousal support

1. Date of application “___”_________ ____ Signature of the plaintiff _______

Questions regarding a claim for alimony for a spouse, ex-wife or husband

Can I file for my own maintenance in addition to alimony while married? In the form of an application for a court order, and not a statement of claim?

Alimony for spousal support can be collected without dissolving the marriage. Collection is possible only by filing a statement of claim; a court order will not be suitable in this case, since there is a dispute about the right. When filling out an application, you must indicate in the text all persons receiving alimony from the debtor.

We lived in a civil marriage, I became pregnant and gave birth to a child, and my ex-husband refused to pay alimony. Can I apply for my own maintenance?

Alimony for up to 3 years is awarded only to the spouse, that is, official registration of the marriage through the registry office is required. If you have not registered your marriage, then you cannot claim alimony for your maintenance. Cohabitation and “civil marriage” do not give the right to alimony.

The ex-husband has a minimum income, he gives everything to the child from another marriage. Does it make sense to apply for alimony for your maintenance?

Sample claim for alimony for the maintenance of a wife and child up to 3 years old

This article will review a sample application for alimony for the maintenance of a wife and a child under 3 years of age. As a result, spouses who are entitled to financial assistance from their husbands will be able to correctly draw up this statement of claim, which will contribute to the fastest possible transfer of funds to their bank account.

In addition, a list of legislative acts will be provided, references to which the plaintiff must include in the application.

Alimony for the maintenance of wife and child up to 3 years old

The current family legislation, namely the first paragraph of Article 89 of the RF IC, stipulates that individuals bound by marriage are obliged to provide each other with financial support if necessary.

The same law (only in the second paragraph) states that if a woman is pregnant or on maternity leave with a child under three years of age and needs money for living, then she has the right to recover it from her husband.

It should be noted that Article 90 of the Family Code states that, even if the marriage between spouses is officially dissolved, a woman on maternity leave is entitled to cash payments withheld from her ex-husband’s salary.

However, for this it is necessary that the spouse really needs these alimony payments (that is, her income level is low).

Statistics show that in most families, husbands voluntarily refuse to support their wives who are on maternity leave and enter into agreements with them dictating the procedure for providing alimony.

Often, wives are forced to go to court and ask for forced collection of alimony payments.

In order to express a demand of this nature, the spouse will need to draw up a special statement of claim type. This document must be drawn up taking into account all the rules adopted by Russian legislation.

Sample claim for recovery of alimony for a spouse

First of all, it is worth considering that an application written for the purpose of collecting alimony benefits for a wife raising a child under three years of age must be submitted for consideration to the court of the world class.

The number of this government body, as well as the city in which it is located, must be indicated at the very top of the sheet on the right side. In the same place, the full name, date of birth, as well as the residential addresses of the plaintiff and defendant are displayed.

In addition, if possible, the place of work of the last individual is indicated.

What information to include in the statement of claim

Once the “header” of the document is completely completed, you can proceed to specifying the information in the main part.

This is done immediately after the name of the type of document written in the center of the line (in this case, it is “an application for the collection of alimony to provide for a spouse and a child up to three years old”).

The plaintiff, who is the mother of the child, will need to enter the following information into the document form:

1. FULL NAME. First of all, it is necessary to identify the identities of all individuals who are related to the withholding of alimony benefits. The surname, name and patronymic of the plaintiff and defendant are written down, and then it is indicated that they are officially married. You should also remember to write when the marriage was registered. Then it is shown that during their married life the couple had a child, who is currently a minor and has not even reached three years of age. The date of birth of the child must also be included in the statement of claim.
2. The current situation in the family. The mother of a child who wants to receive child support payments must write that, for example, despite the fact that the marriage with the defendant has not been dissolved, he does not fulfill his parental responsibilities and does not live with his family. It is also necessary to indicate that the child lives with his mother, but she cannot provide for him on her own and therefore is in dire need of financial support from the father.
3. Information about the defendant. The following sets out information related to the individual from whose earnings they want to recover financial support. The amount of profit the defendant receives regularly is displayed, and then it is written that its size allows the collection of alimony to provide for the spouse. In addition, if the child’s father has other children or relatives to whom he has child support obligations, then this must be indicated. If they are not, then this fact should not be missed either. Then it is written that the spouses were unable to draw up an alimony agreement.
4. Legislative norms. In order to give the document enforcement power, the applicant needs to refer to a number of articles of Russian legislation that are directly related to alimony to provide for a wife on maternity leave. These are articles not only of the Family Code, but also of the Civil Procedure Code, which describe the requirements for this statement of claim.
5. The amount of the living wage. Since alimony benefits are intended to pay for the basic needs of the wife and child, they are directly related to the cost of living. In this regard, the applicant needs to enter into the document the cost of living in the desired region and at a given time.
6. Purpose of the statement. Then you should summarize the entire text above, namely, write who, from whom and for whose maintenance wants to receive monetary compensation. It is also necessary to note that the spouse claims alimony from the moment the application is considered until the child with the defendant turns three years old.
7. Documentation. In order for the text written in the claim to be trusted, some documentation must be attached to it, and the names of these papers must be written in the application itself. These include a copy of the plaintiff’s passport, a child’s birth certificate, as well as a marriage certificate with his father, a certificate from the housing office and a 2-NDFL certificate about the defendant’s income.

Attention! If the plaintiff and defendant are married, but in fact do not live together, then in the application it is necessary to write not only the date of entry into family life, but also indicate that the marriage certificate was never annulled.

What laws need to be referred to?

The legislative act regarding what information should be included in a claim-type statement, as well as according to what form the document should be drawn up, is in the Civil Procedure Code of the Russian Federation - this is Article 131, and what documents need to be attached to it are described in detail in the article under number 132. The plaintiff must indicate references to both of these acts in the application.

After this, you need to put down the numbers of some articles included in the Family Code of Russia. First of all, this is legislative act number 89.

The wife must indicate that it is on the basis of this law that she demands the collection of payments from the earnings of her spouse, who voluntarily does not want to provide them to her.

Then it remains to write that when drawing up the statement of claim, the provisions of Article 117 of the RF IC were also taken into account, which states that the amount of alimony compensation must necessarily be a multiple of the minimum subsistence level in force in the recipient’s region of residence. Since the minimum amount that is necessary to satisfy basic needs is not fixed, but is constantly changing, you need to use its size established at a given point in time.

Even if the applicant took a sample claim typed on a computer and simply entered the necessary data into it, he must remember that parameters such as signature and date must be written by hand.