Most ordinary people associate the concept of “alimony” with payments from a former spouse in favor of a child or several children left with the mother after a divorce.
However, family legislation takes into account situations in which other family members are also obliged to financially support each other. Thus, some men have to pay alimony for the maintenance of their ex-wife if she is unable to independently provide herself with a decent income.
Payment of alimony in favor of the spouse: grounds
Important! The Family Code requires a man to provide financially for a woman who is in the status of a current or former spouse. Civil marriage in such a situation is not taken into account.
The collection of alimony for spouse maintenance in 2023 is carried out on the following grounds:
- According to the agreement between husband and wife.
- On a voluntary basis.
- In accordance with the terms of the marriage contract.
- According to the court's conclusion.
The ex-spouse can file a claim for alimony payments after a divorce.
But is the obligation to support a woman always connected with the divorce? There are often situations when a legal wife, who has fallen into complete financial dependence on her husband, does not receive from him any funds necessary for raising children and other needs. Then the woman also has the right to apply to the executive authorities with a corresponding application for the assignment of payments.
Alimony paid during marriage
- The marriage is officially registered.
- The spouse is expecting a baby or is on maternity leave.
- The woman is on maternity leave for up to 3 years.
- A woman takes care of a shared disabled child.
Attention! Alimony for the maintenance of an ex-wife caring for a sick child must be paid until he comes of age. If a common child is disabled since childhood, then financial obligations remain with the man for his entire life.
Terms of payment after divorce
- The woman is in position.
According to the law, if a child was born no later than 300 days after the divorce, the mother’s ex-husband is recognized as his father. This fact can only be challenged by conducting a medical examination to establish paternity.
- The spouses' common child is under 3 years old (alimony is paid for mother and child).
- The ex-wife is raising a former child who is recognized as disabled (until the child turns 18).
- A man is obliged to support his ex-wife indefinitely if their child is recognized as a group 1 disabled child.
Important! In a situation where the ex-wife is forced to care for a disabled child they share, one nuance should be taken into account - the woman must be officially recognized as needy.
The law has its own rules in this regard - the mother should not work or receive a labor pension.
- if the former spouse was declared incapacitated before the divorce or within a year after it.
Alimony for a pregnant wife and wife on maternity leave
Alimony payments must be made until the spouse's maternity leave comes to an end. Of course, during this period the man will have to support both his ex-wife and the baby.
As soon as the child turns 3 years old, the amount of alimony for the maintenance of the wife is revised.
Procedure for assigning alimony
But most often it is not possible to cope with this task without conflicts. Then you have to turn to the courts for help.
To receive financial support from her husband, a woman must follow a simple algorithm:
- Prepare a statement of claim and submit it to the magistrate's court.
Advice! In order not to make a mistake with the application form and fill it out correctly, it is easier to use the help of a qualified lawyer - this will save time.
- Prepare a package of documents.
- File a claim with the judicial authorities, attaching the collected documents to the application.
- If possible, enlist the help of an experienced lawyer.
- Wait for a court decision on the need to make alimony payments. The court order will also fix the amount of payments.
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- Documents confirming the fact of marriage and divorce.
- Birth certificate of a child or several children.
- Medical certificate of pregnancy for pregnant women.
- A medical certificate of disability or other evidence of the former spouse’s loss of ability to work.
- documents confirming the income of each party. If salary certificates cannot be obtained, then the court applies a special procedure in which the concept of “search for income” has to be used.
- A medical certificate confirming the child’s disability and confirmation of the need for constant care.
- Certificate of the child’s place of residence.
The list of documents varies depending on the circumstances in which the family finds itself (the presence of common children, their age, the wealth of each spouse, etc.).
Advice! In order not to waste time collecting unnecessary information, it is recommended to consult with an experienced lawyer.
Amount of alimony payments in 2023
If the spouses cannot reach an agreement, then these issues must be resolved in court. The court takes into account several factors, among which one of the decisive ones is the size of the subsistence minimum (ML) in 2023. In most constituent entities of the Russian Federation, this indicator is officially recorded, but if the PM is not determined, then the all-Russian minimum is applied.
Attention! The amount of payments in favor of the spouse is calculated in parts of the subsistence level.
For example, the amount of alimony may be ½ of the monthly minimum. This share is fixed for categories of citizens recognized as disabled.
Since the PM is periodically indexed, the amount of alimony changes along with it. To increase the amount of payments, it is not necessary to go to court again. It is enough to contact the bailiff or directly at the place of work of the ex-spouse, since it is the employer who makes monthly deductions according to writs of execution.
Reasons for changing the amount of payments
In this case, the court must take into account certain circumstances:
- What are the sources of income for each spouse?
- Does the man have financial obligations to other family members, including his parents?
- Is the income of each party stable, how high is the risk of complete loss of income.
- Are there factors that can reduce the income level of the husband and/or wife?
- Does each spouse's income meet their needs?
- Are each party supported by other relatives?
- Other circumstances that may influence the court’s conclusion on the amount of alimony.
Grounds for stopping payment of alimony
To do this, you will have to provide the court with evidence that serves as the basis for refusing payments:
- The woman entered into a new marriage.
- The mother of our common children returned from maternity leave and started working again.
- The children have reached the age of 3 years, while the woman is able to work.
- Circumstances of a different kind that prove the financial viability of the ex-wife.
- Death of one of the parties.
It is also worth remembering that alimony obligations are not imposed on those men who do not have a sufficient level of income.
If the ex-husband does not work or is employed unofficially, the trial is carried out in a special manner. In such a situation, a woman is not always able to bill her husband for her maintenance.
When does a woman pay child support?
Material support for relatives is regulated by Chapter V of the Family Code of the Russian Federation; the law establishes the conditions, terms and amounts of alimony payments. In the case of child support, parents bear equal responsibilities until they reach adulthood; if the child is disabled, alimony is collected even after 18 years of age. During a divorce, the former spouse has the right to alimony from his wife for his own maintenance in some cases, as well as for a child living with him by court decision or voluntary agreement.
In what cases does a woman pay alimony?
According to Article 80 of the RF IC, mother and father are obliged to provide financially for their children. If, during a divorce, the court determined the place of further residence of the child with the father, then he has the right to file a claim with the magistrates' court for the assignment of alimony.
Otherwise, before filing a child support claim, a determination will need to be made as to who the child will live with after the divorce.
Such issues are decided by the district or city court, but the parent can go through the determination of residence and child support simultaneously, in one process.
Appealing to the Magistrates' Court allows you to go through the procedure in two ways: by obtaining a court order or a decision.
A simplified procedure allows you to determine child support as a percentage of earnings if the mother’s coordinates and place of work are known.
A court order is a decision of a judge made without a meeting or questioning of interested parties. The order has the form of a writ of execution and can be challenged by the defendant within 10 days.
If there is disagreement or there are controversial issues, a full trial is held, at which the arguments of both parties on the issue of alimony payments are considered. The father's claim can be changed by court decision, increased or decreased, and the appropriate form of recovery can be selected. If the mother does not have a regular income and cannot provide a certificate of income, then alimony is assigned based on the average earnings in the country.
In case of official employment, but irregular earnings, for example, for an individual entrepreneur, the penalty is determined by the court in a fixed (hard) form of deductions. This is not a specific amount, but a coefficient to the minimum wage for the region; fixed payments undergo mandatory annual indexation.
If a woman provides the court with a certificate of income, then alimony is assigned in the amount of 1/4 for one child, 1/3 for two and 1/2 for three or more children.
The court decision serves as the basis for the opening of enforcement proceedings by the bailiff service. The writ of execution is sent to the payer’s place of work, but if the mother does not work, then the bailiff gives her a writ of execution to pay off her obligations independently.
A special feature of alimony from the mother is the fact that maternity capital, leave funds for pregnancy and child care under three years of age are not subject to collection.
If a woman is pregnant or has a dependent child under three years old, then it is not allowed to collect alimony from her.
If a debt arises and the mother evades child support obligations for more than three months, the father has the right to file a claim to deprive her of parental rights and determine the amount of the debt.
The court makes a decision based on a certificate issued by the FSSP, after which the debt is repaid by the defendant voluntarily or forcibly.
If you have a job, two writs of execution (for alimony and debt) allow you to recover up to 70% of your earnings monthly.
Alimony for the maintenance of an ex-spouse
According to Art. 90 of the RF IC, the former spouse has the right to request alimony from the former spouse for his own maintenance.
The wife pays alimony if the court has determined the place of residence of a child with a disability together with her husband, who cares for him and is unable to work.
Moreover, if the child is diagnosed with 1st group of disability, then the mother will have to pay alimony for life for the child and for the husband if he declares his support in the statement of claim.
If a spouse became unable to work during the marriage or within a year after the divorce, then, if in need, he has the right to petition the court for alimony for his maintenance. After the dissolution of a long marriage, a spouse can claim his maintenance if he becomes a pensioner within five years.
The father also has the right to recover additional amounts for the child living with him if he provides factual evidence of need to the court. For example, payment documents for the purchase of expensive medicines, operations or the purchase of medical equipment.
The assignment of additional support for the child or alimony for the father is collected in a firm form and for a period determined by the court upon the claim of the spouse.
Everything you need to know about alimony for wife support
When they hear the word “alimony,” the vast majority of people imagine a father’s alimony obligations towards his minor children. But Russian legislation looks at this problem much more broadly. The Family Code provides for the right of spouses to receive alimony. We will consider below who can use it and in what cases.
Alimony for spousal support while married
No matter how paradoxical it may sound, alimony is not only the lot of divorced people. The need to collect them may arise even while you are married. The legislator provides for the obligation of spouses to financially support each other. This norm is prescribed in Article 89 of the RF IC.
It is assumed that the husband and wife will independently agree on the amount of maintenance, but there is also provision for “distribution of the family budget” in court. In the vast majority of cases, women enjoy this right.
Such a need may arise when the wife cannot work and the husband refuses to provide her with funds. Then the court will oblige the husband to pay alimony for the maintenance of his wife.
Family law specialists at the Planet of Law Center remind you that in order to collect alimony payments there must be compelling reasons and they are clearly stated in the Family Code.
They can count on:
- Spouses who are in an officially registered marriage;
- A spouse who is recognized as disabled and in need;
- A pregnant wife, or a mother who is raising a child under 3 years of age;
- One of the spouses who is entrusted with raising a disabled child until he reaches 18 years of age, or a group I disabled child on a permanent basis (such a parent is recognized as needy for life).
Alimony for wife, who should be paid and when
Alimony for a pregnant or maternity spouse
Despite the restrictions on a man’s rights to divorce during his wife’s pregnancy and the first year after the birth of a child, specified in Art. 17 of the RF IC, the spouse often still agrees to end the marriage and no longer wants to maintain a rapidly collapsing relationship that exhausts her morally and physically.
As for pregnancy, in this case a woman does not need to prove anything at all to receive alimony for her maintenance from her spouse. A certificate from the clinic confirming this fact is sufficient. This rule applies regardless of whether the marriage is valid or dissolved at the time of application. What is important is simply the presence of a pregnancy with a common child.
A similar rule applies to a mother raising a child until he is 3 years old. While on maternity leave, a woman is physically unable to work and support herself, so this responsibility falls on her husband. It doesn’t matter whether the child was born in marriage or after the parents separated.
The main thing is that this happens no later than 300 days after the official divorce of the spouses. If a man doubts that the child is his, he can establish paternity in court. If the examination confirms doubts and infidelity of the other half, alimony for the wife will not have to be paid.
No one can oblige a person to support a child and his mother who is not his own, even if the spouses were married at the time of pregnancy.
According to changes in legislation (at the moment), maternity leave can be extended until the child turns 4.5 years old. But this does not mean that the husband will have to pay spousal support until this age. The legislator clearly provides for a period of 3 years. And 4.5 years is the maximum period that can be included in the length of service.
Alas, payments for pregnancy and childbirth, as well as for maternity leave, cannot always provide a decent standard of living even for the child, not to mention the mother herself. In such cases, the law, namely paragraph 1 of Article 90 of the RF IC, provides additional ways to protect the rights of a young mother and baby, entrusting the father of the child with maintaining not only the minor, but also his mother for three years from the date of birth of the joint child.
When should you pay alimony to your wife on maternity leave?
Unlike the father's alimony obligations to the child, the husband is obligated to support his wife on maternity leave only if she needs financial support.
The law, unfortunately, does not establish fixed values of need. Leaving the resolution of this issue entirely within the competence of the court. It is the court that will decide whether the mother of the child is entitled to financial assistance from her spouse and, if so, what its amount will be.
Minimum or maximum values, as, for example, in the case of payments to parents for children, are not established by the Code in relation to a spouse.
The collection of alimony is also allowed in marriage if the wife proves that her legal spouse does not provide her with sufficient funds for living.
To establish alimony in favor of a wife on maternity leave, the spouse (or ex-wife) must apply to the court with a corresponding application, which indicates:
- Name of the court, as well as addresses and details of the parties: her and her former spouse;
- Description of the situation - when the marriage was concluded, when it was dissolved, whether support is provided to her;
- Justification of need with the attachment of all necessary documents (certificate on the amount of maternity benefits; treatment costs, etc.);
- A request to the court indicating the amount of alimony to be collected;
- Applications, date and signature with transcript.
The application must be submitted to the magistrate's court at the place of residence of the defendant and will be considered in a lawsuit.
Filing an application by way of writ proceedings is unacceptable, since during the proceedings it will be necessary to determine the degree of need and decide on the amount in which alimony will be paid to the wife on maternity leave for three years.
In this case, monetary maintenance for the spouse is paid in parallel with alimony after a divorce for the child, and these two obligations in no way affect the determination of the amount of maintenance in relation to each of the recipients.
What is the amount of alimony for a wife on maternity leave?
The main criterion when determining the amount of payments for a spouse is her real need and financial situation. Examples of needs for assistance include:
- “maternity” payments are less than the minimum subsistence level or are absent altogether;
- the need for expensive treatment;
- lack of additional sources of income;
- the presence of one or more dependent children from another marriage, for whom alimony is either not paid or is paid irregularly.
Having established that the spouse really needs measures of additional financial assistance, the court collects alimony from the ex-spouse, determining its amount either in a fixed amount or in relation to the cost of living in the region.
Note: If over time the financial situation of the ex-wife changes or she marries again, her ex-husband has the right to demand the cancellation of the established alimony for his wife on maternity leave. But no one will free him from child support only for his wife.
Ex-wife's right to receive alimony after divorce
The court may oblige a man to financially support his ex-wife, regardless of whether they have children together and how old they are. In this case, two more points are added to the above listed content points:
- The wife was recognized as incapacitated and in need during the marriage, or for a year after its dissolution
- The wife retired due to age and was recognized as needy for a period of five years after the divorce. This factor plays a role if the spouses have been married for a long time
The legislator does not indicate what long or short time means. Accordingly, the judge will have to decide this based on the specific case.
At the same time, it is clearly stated in which cases the former or current spouse cannot count on their maintenance.
This occurs if the disability is the result of alcohol or drug abuse, or the commission of a crime.
If the wife neglected her responsibilities towards her husband and children. Or in the case where the marriage was short-lived. Again, no specific date has been specified.
Lawyers at Planet of Law note that husbands often use the unconscionable relationship clause in marriage to avoid paying money. Therefore, cases of alimony for the maintenance of an ex-wife must be carefully verified, a circle of witnesses must be selected and all necessary documents must be collected.
Procedure for paying alimony for spousal support
Alimony obligations to a disabled wife
A disabled wife has the right to claim financial support from her current or former spouse. In this case, the combination of two factors is important - the woman must be recognized as disabled and in need. Both must be proven in court.
Disabled people for health reasons, as a rule, are recognized as disabled people of groups I-II who cannot perform this or that work. The factor of need is determined by the inability, due to current circumstances, to fully provide for oneself.
The legislator explains that neediness occurs when payments (including wages, pensions and benefits) are not enough to cover basic needs.
Accordingly, it is the symbiosis of two factors that is important – both disability and need.
For example, a person is disabled and at the same time owns a business or receives dividends from shares - he cannot be recognized as needy.
Or, a completely healthy woman who is not of retirement age cannot claim alimony simply because she needs it, but does not want to work - the court will recognize her as able-bodied and refuse payments.
Loss of the right to receive alimony from the husband
In addition to the key points that initially do not give the wife the right to demand alimony for her maintenance, there is a list of rules under which payments to the spouse are terminated:
- The woman returned to work from maternity leave;
- The child has reached the age of 3 years;
- The wife's health improved and her disability was removed;
- The woman entered into a new marriage;
- The death of one of the parties.
A man cannot voluntarily stop paying alimony to his ex-wife for her maintenance simply because he knows about a change in her life situation.
If the court ordered payments before a certain period, the obligations are considered fulfilled upon the expiration of the period.
But in a situation where alimony obligations are indefinite, the man must file a lawsuit and prove that his ex-wife no longer needs his support.
Who and how is the procedure for paying alimony determined?
Unlike obligations towards his minor child, a man should pay for the maintenance of his wife only if he has such an opportunity.
Naturally, if a woman is pregnant or alone is raising a child under 3 years old, the court will most likely oblige the man to pay the child’s mother.
In this case, the financial situation of both parties, all the costs and obligations that the man has and the amount of payments and benefits received by the woman will be taken into account.
It is not regulated anywhere by law how much a husband must pay for the maintenance of his wife (including his ex-wife). Alimony is always set in a fixed amount and depends on the financial capabilities of the parties. In this case, all financial obligations of the man to third parties are taken into account.
Regarding the amount, it must cover the wife’s vital expenses and is calculated taking into account all her income. Accordingly, it is necessary to carefully prepare: collect medical certificates, documents on the spouse’s salary, documents for children, and witness statements.
If at the court hearing it turns out that the husband has no official income, it will be extremely difficult for the wife to prove his undeclared earnings and receive alimony for her maintenance.
In what order is collection made?
Of course, the easiest way is a voluntary agreement on spousal support.
However, if in the case of children fathers pay alimony voluntarily, then the overwhelming majority of men do not consider it necessary to support their wife, especially their ex-wife.
Therefore, there is practically no talk about voluntary alimony for the wife. The solution to the problem in the vast majority of cases is transferred to the judicial plane.
To have a positive resolution of the case, a woman first needs to enlist the support of an experienced family law lawyer who will help draw up a statement of claim. It should be accompanied by:
- Marriage or divorce certificate;
- Birth certificate of the child/children;
- Medical certificates confirming the right to receive alimony;
- Certificates of your income and the income of your spouse (former spouse);
- Pensioner's ID;
- Other documents depending on the specifics of the particular case.
After considering the circumstances of the case, the court will make a judgment. It, like a voluntary agreement, is binding.
If the husband neglects a court order or an agreement between the parties, administrative and criminal measures available to bailiffs will come into force. As in the case of child support, FSSP employees have the right to use coercive measures to oblige the debtor to support his wife within the framework of legal norms
Wife pays alimony
Alimony obligations are an integral element of family relationships. It is accepted in society that the man pays the money.
But this does not mean that it happens differently, that the wife pays alimony to her husband. The Family Code does not give either spouse a priority right to collect funds - this obligation arises from both partners.
In practice, the wife pays alimony statistically less often than the husband.
When is the wife obligated to pay?
A man has the right to receive funds from his wife if he is in one of the situations:
- financial need due to disability;
- caring for a common child (up to 3 years);
- maintenance of a disabled child.
In the case of incapacity for work due to child care, confirmation is required that the wife is not properly performing the functions of a mother and is not caring for the baby. In practice, a similar basis is used when a woman is deprived of parental rights, and the father raises the child alone.
Should a wife pay alimony if her husband is unemployed? No. A man receives such a right to financial assistance only if there are grounds confirming his inability to work, for example, disability or a serious long-term illness. Reluctance to get a job is not enough.
Do ex-wives pay alimony?
It is legally established that alimony obligations do not terminate immediately after the divorce is filed. For at least another year, the spouses retain partial financial obligations. The wife will be required to pay alimony if the ex-husband:
- Became unable to work within a year after the divorce or due to circumstances that occurred during the marriage.
- Reached retirement age within 5 years of the divorce. This also takes into account the lowering of the retirement age due to employment under hazardous conditions.
Ex-husbands also retain their rights to alimony if they are raising a disabled child together.
Ways to obtain alimony from your wife
Regulation of the alimony issue can be carried out in two standard ways: by agreement (voluntary) and by decision of a judicial authority (forced). To voluntarily regulate the procedure for paying alimony, the parties can draw up an agreement by having it certified by a notary. The text of the agreement must reflect the frequency of payments, their size and indexation principles.
In the case of judicial collection, it is necessary to go to court. As in the situation with how much alimony to pay for a wife, the amount of alimony for a husband is determined exclusively in a fixed amount. Therefore, consideration of cases regarding the payment of alimony to the husband takes place in lawsuit proceedings.
This is necessary so that the court can analyze the financial situation of the parties and the woman’s ability to pay the amount requested by her husband.
After the decision is made, collection occurs along the standard route - through the bailiffs, of course, if the wife did not want to comply with the court decision voluntarily.
When can you not pay alimony to your husband?
Despite the legalized mutual right to alimony between spouses, its use is not always possible. The law provides grounds for releasing a spouse from alimony obligations (Article 92 of the RF IC). The wife does not have to pay alimony if:
- The cause of disability is long-term abuse of alcohol, drugs or psychotropic substances.
- The disability arose when the spouse committed an intentional crime.
- The duration of the marriage was very short. The court may recognize a marriage lasting up to 10 years as such.
- During the marriage, the man behaved immorally and committed unworthy behavior in the family.
As part of the judicial process for the assignment of alimony for a spouse, a woman must confirm the existence of grounds for refusing payments. The evidence used must comply with the rules of civil procedure.
Can a woman pay alimony to her husband?
Home Concept and types of alimony obligations Payers and recipients of alimony Alimony for the maintenance of the child’s mother According to the norms of Russian family legislation (current at the beginning of 2018), spouses are obliged to support each other financially.
But it often happens that the husband refuses to do this.
This situation is even more blasphemous when a woman and a man have a child together: for some time, the woman caring for the child generally becomes completely dependent on her husband, since she cannot earn money herself and provide herself with a decent income.
Often, even after the baby goes to kindergarten, his mother cannot find a good job, and if she does find it, she does not stay there for long, since small children are often sick and require significant attention. And no employer likes this.
Amount of alimony for a pregnant wife The amount of alimony for a pregnant wife depends on how alimony is assigned: by court or by mutual agreement of the spouses. By agreement, the husband and wife independently determine the amount and frequency of financial assistance.
The law does not establish any restrictions in this regard. According to the court, the amount of payments is always a fixed sum of money, taking into account the need of the spouse during pregnancy. The legislator considered that due to the uniqueness of each case, it is not possible to estimate the amount of assistance as a percentage of income. The judge assesses the financial situation of both the wife and husband, takes into account all the evidence they present, and then sets the amount of alimony obligations. When do child support payments for a pregnant wife stop? The legal grounds for termination of material obligations are contained in Article 120 of the Code.
Men's health. magazine
The law provides the following conditions under which you can demand financial support from your husband during pregnancy:
- There must be a fact of official registration of marriage between spouses.
This is stated in Article 89 of the code. The so-called “civil marriage” or cohabitation by society does not carry any mutual rights and obligations; accordingly, it is impossible to legally demand financial support from an unofficial husband. Important The question arises: can an ex-pregnant wife file for alimony? The answer is yes. This opportunity is provided to the ex-wife by Article 90 of the Code. Alimony for a pregnant woman can be collected both during her stay in a marital relationship and after leaving it. - The wife will be able to collect regular sums of money for her maintenance only if she is pregnant with a common child.
Alimony for the maintenance of the child's mother
In the vast majority of cases, after the parents divorce, the child remains to live with the mother, and the father provides the child with financial support. But there are also opposite cases - the child remains to live with his father. How is the alimony issue resolved? Question.
I filed for divorce because I haven’t been living with my wife for over a year now—she went to live with her parents in another region and got a job. The children stayed with me. Should a mother pay child support? Or are child support obligations assigned only to fathers? Answer.
According to family law, financial support for children is the responsibility of both parents, and not just the father or just the mother. Both parents must take part in the upbringing and maintenance of the child.
Do women pay alimony?
In the event that traditional parental roles change: the father lives with the children, and the mother lives separately, child support obligations are imposed on the mother. How to do this? The procedure for collecting alimony from the mother is no different from the procedure for collecting alimony from the father.
- Conclude an alimony agreement between the parents with detailed conditions for the voluntary payment of alimony by the mother: payer and recipient of funds, amount (percentage of income or fixed amount), term and regularity of payment, procedure (personal transfer from hand to hand, postal transfer, bank transfer) .
The agreement must be certified by a notary - then the document will acquire legal force. The agreement is the basis for independent payment of money or deduction of money by the accounting department at the mother’s place of work.
Alimony for a spouse: amount of alimony and features of collection. alimony for wife
My husband and I are divorced. I have three children. There is a court order to withhold 50% of alimony from the ex-husband. The husband is registered in the Rostov region, with his parents, but left for Belarus and lives with the woman.
- Do women pay alimony?
- Alimony (collection, penalty, deferment)
- Deprivation (renewal) of parental rights
- Litigation about children
- Consultations from experienced lawyers
- Division of marital property
- Adoption, guardianship and trusteeship
- Divorce, divorce of spouses
- Challenging paternity (maternity)
- Inheritance and registration of rights
Oddly enough, for many Ukrainians, a human rights defender on family issues is the person they turn to as a last resort and last resort.
When does a woman pay child support?
There is no point in delaying this, because the court will collect alimony from the moment you apply.
True, if the judge finds that you took measures to obtain funds for the maintenance of the child from his mother, and the latter evaded paying them, then alimony can be recovered from her within a three-year period before your appeal.
After the court makes a decision to collect alimony and it enters into legal force, a writ of execution is issued, according to which the monthly collection of alimony will be made. They are paid until the child reaches adulthood.
Alimony for pregnant wife
This is directly indicated by paragraph 2 of Article 333.36 of the Tax Code. After the pregnant wife has filed for alimony, within a month the judge makes a decision - to satisfy the stated requirements for maintenance or to refuse them.
The court decision is sent to the bailiffs for the formation of a writ of execution and sending to the defendant’s employer.
In what cases can the court refuse to grant alimony for a pregnant spouse? The law in this situation provides two grounds:
- when the spouses were married for a short time. For example, up to one month.
- when indecent behavior of a pregnant wife is proven in court.
The need of the pregnant woman for financial assistance is also taken into account. There are no other grounds for the court to refuse to order payment.
These include the following:
- termination of the spouse's need for financial support;
- the entry of a former pregnant wife into a new official marriage;
- death of husband or wife.
In addition to the reasons specified in the law, such grounds as termination of pregnancy for various reasons (miscarriage, abortion) are also logical. Due to the birth of a child, payments for a pregnant woman stop.
At the same time, the wife acquires new rights: the opportunity to apply for alimony for the newborn child, as well as for her own maintenance while caring for him until he is three years old. Thus, we tried to give a detailed answer to the question of whether it is possible to apply for alimony to a pregnant wife.
Can a wife pay alimony for her husband?
An able-bodied woman cannot demand money for her needs just like that. Civil marriage But there are always exceptions. Relationships are different.
Some couples prefer not to tie the knot. In this case, spousal support is not due. The thing is that the so-called civil marriage (cohabitation) has no legal force.
There is no need to pay alimony for a common-law wife (or husband) under any circumstances. Support a child - yes, but not a second spouse. This means that in order to collect alimony you must be married.
Or divorce the potential payer. Former spouses may also qualify for financial support. Marriage and money Alimony for a wife in a marriage is a fairly common picture.
In Russia it is gaining great momentum.
Do women pay alimony?
Legal Russia
One of us paid alimony to her husband and child, the grandfather is probably not entirely right, but this does him honor, but it happens that a woman sacrifices a lot, and in this case the man should help her too, she is the mother of his children, but I think everything is individual.
a woman is the same, yes, she must help a man if HER functions lie on him. A woman will pay alimony for a child and support her husband if the child is under 3 years old (I’m not even writing to my ex-husband, because in order to file a claim and this doesn't matter).
In such cases, justice must be sought by any legal means. Conditions for payment without divorce The mother can demand alimony from the child's father for her maintenance, subject to the following conditions: If the marriage between the mother and father is officially registered.
since the birth of a joint child gives a woman only the right to demand payment from the father for the child, but not for her maintenance.
Question: Do women pay alimony?
question: Can I get guardianship for my grandson while his parents are alive? The father married a woman with two children and a third child was born, he doesn’t pay child support, the mother went to another city and doesn’t make herself known!
Question: My husband and I are divorced. I have three children.
There is a court order to withhold 50% of alimony from the ex-husband.
The husband is registered in the Rostov region, with his parents, but left for Belarus and lives with the woman.
Family lawyerreliable legal protection
- Do women pay alimony?
- Alimony (collection, penalty, deferment)
- Deprivation (renewal) of parental rights
- Litigation about children
- Consultations from experienced lawyers
- Division of marital property
- Adoption, guardianship and trusteeship
- Divorce, divorce of spouses
- Challenging paternity (maternity)
- Inheritance and registration of rights
Oddly enough, for many Ukrainians, a human rights defender on family issues is the person they turn to as a last resort and last resort.
Do women pay child support?
In the vast majority of cases, after the parents divorce, the child remains to live with the mother, and the father provides the child with financial support.
But there are also opposite cases - the child remains to live with his father.
How is the alimony issue resolved? I filed for divorce because I haven’t been living with my wife for over a year now—she went to live with her parents in another region and got a job.
The children stayed with me.
For me, it is advisable to take the second path. Since in case of arrears in alimony (if you decide to draw up a notarial agreement), the bailiff will not be able to make a decision to restrict the right of a citizen to travel outside the Russian Federation.
This resolution is made on the basis of clause 5 of Article 15 of the Federal Law (The right of a citizen of the Russian Federation to leave the Russian Federation may be temporarily limited in cases where he: evades the fulfillment of obligations imposed on him by the court - until the obligations are fulfilled or until an agreement is reached parties).
Where is the honesty and decency of women?
When they run to sue men for gt I, as a woman, believe that if there is a claim against a spouse, it is not about ALL the problems of society, but about the unwillingness to pay alimony for one’s own child.
If a woman physically does not have money and she does not pay alimony, she faces criminal liability up to imprisonment. A woman is obliged to pay alimony even if she has been deprived of maternity. You'll just end up with alimony debt.
If possible, accompany your answer with references to the laws so that you can operate with them, because the bailiff explained to me that while a woman is on maternity leave, she does not have to pay alimony, is that true?
You are on official leave, you will not have any earnings for this period, because... Child care benefits are not included in the income from which alimony is collected.
In court, you have the right to receive alimony during pregnancy until the born child reaches the age of three.
Circumstances that served as the basis for collecting alimony (here you need to indicate the full name, date of birth of the child, note that he currently lives with you, and also tell us about your pregnancy, write that your husband does not pay alimony).