Family relationships require not only wisdom, understanding, respect and love. Spouses must know their rights and obligations. These include the maintenance of minor children, the wife who cares for a minor child or a disabled person. Many women often face the problem when the faithful for various reasons refuses to keep her content, although she has every right to do so. Let's look at the main aspects of maintenance content, in particular, how to file for child support in marriage.
Can I file for child support in marriage?
Many representatives of the fair sex mistakenly think that it is possible to file for the recovery of alimony from her husband only after the official dissolution of the marriage union. This is not at all the case. Persons entitled to maintenance may require payment of alimony, even if they are legally bound by marriage. The following categories of persons have the right to alimony:
- children under the age of majority;
- a wife who is on parental leave for a child who is under 3 years old;
- disabled spouse;
- pregnant spouse.
Many women are interested in the question of how to apply for alimony for her husband. In addition to being legally married, in order to file an application for the recovery of maintenance payments, the grounds provided for by legal acts must take place. As practice shows, most often spouses address such a question when they are married, but do not live together, or if the husband refuses voluntary financial assistance to children or his disabled wife.
What documents are needed?
Russian legislation offers spouses the opportunity to voluntarily resolve the issue related to the payment of alimony payments. As a rule, child support is collected monthly in the prescribed amount. If your husband agrees to pay you money voluntarily, then you can enter into an agreement with him. To do this, contact any notary office. The notary will draw up a written agreement in which all aspects of this agreement will be stated. Such an agreement is legally binding and is considered a payment obligation for the husband.
If, for any disrespectful reasons, your spouse has ceased to pay unilaterally, then you are entitled, on the basis of the existing agreement, to apply to the court of justice. According to the legislative acts, cases on the recovery of alimony payments are considered in the order of the order, that is, a representative of the fair sex need only submit an application for issuing an order to the appropriate judicial authority. To prepare such a statement, you can apply to legal advice or find a sample in court.
To obtain a court order for the recovery of alimony payments from your husband, you need to collect the following documents:
- application - 2 copies .;
- receipt confirming payment of the fee;
- marriage registration certificate;
- birth certificates of children;
- other documents confirming the wife’s right to receive alimony (for example, a certificate of pregnancy, disability or temporary disability, etc.).
In some cases, for the recovery of alimony, only a claim for full-scale and comprehensive resolution of the dispute should be filed. Then you will need the following documents:
- copy of the passport;
- Marriage certificate;
- payment document confirming payment of the fee;
- other documentary acts that incriminate a spouse in evasion from the payment of alimony payments;
- birth certificates of children;
- references, etc.
Unfortunately, not all of us have the necessary level of legal knowledge, so in such cases it is best to resort to the help of a specialist in the field of jurisprudence.
The package of documents for the receipt of maintenance payments must be submitted to the judicial authority in compliance with the rules of jurisdiction. According to the general rules, the wife will need to go to court at the place of residence or registration of her spouse. The law treats such a category of persons condescendingly and allows women to apply to the judicial authorities at their place of residence.
Considers this category of disputes the magistrate. All documentary acts are filed in 2 copies, since copies of documents are mandatory sent to the husband.
If you applied to the court of justice with a request for issuance of an executive document, then such an application will be considered within five calendar days. In other cases, the solution of the disputed issue will take more time, since the claim is reviewed in several stages, each of which has fixed time intervals.
A court order will be issued by an authorized judge alone. He will independently examine all the documents, compare the facts and give them an assessment. The order will be considered as an executive document. In other cases, all meetings are held only in the presence of both spouses and even witnesses.
According to the results of consideration and resolution of the dispute, a reasoned written decision is made, which serves as the basis for issuing a writ of execution. Recovery of maintenance payments applies to all types of income of the head of the family. The court decision does not indicate a specific amount, but only the exact part that is due to be paid, in particular:
- per child - no more than 1/4;
- for two children - no more than 1/3;
- for more children - ½ (this part is considered the maximum allowable).
The husband must report the place of his employment. The administration is strictly obligated to make monthly calculations and calculate the alimony payments. For the evasion of the fulfillment of the obligations imposed comes responsibility under administrative and criminal law.
How to get child support after a divorce?
The fact of being married is not a prerequisite for filing an application for the recovery of maintenance payments for the maintenance of a child under the age of majority. A mother can file such an application at any time until the child is 18 years old.
In addition, other cases are prescribed at the legislative level when a spouse has the right to demand payment of maintenance payments, in particular:
- if she became pregnant until the dissolution of the marriage or is on maternity leave;
- if she is caring for a joint disabled child (1 group or since childhood);
- if she is diagnosed with a serious illness that precludes her ability to work (only on condition that the disease was detected before the dissolution of the marriage or within a year thereafter)
- if the wife has reached retirement age. In this case, a woman has the right to make a relevant application within five years, but only under one condition - if they have been married for a very long time.
Regulatory documents do not provide for the amount of such alimony payments. It can be installed by mutual agreement of the parties. If the former husband and wife did not reach a consensus, the court determines the amount of recovery independently, but necessarily taking into account the financial condition of the payer.
If the wife abused alcohol or drugs that led to a serious illness, or behaved inappropriately during marriage, the judge may refuse to satisfy the stated requirements.
As you can see, jurisprudence is a delicate matter. If you want to independently undergo the procedure for the recovery of maintenance payments, then read the legal literature, legislation. Better to ask for help from a qualified lawyer. Do not try to immediately exacerbate the situation and contact the judicial authorities. You were once close people, try to talk and make a general decision. In most cases, a constructive conversation helps to avoid many problems.