Alimony without divorce judicial practice. Rules for the collection of alimony if the parents are married and live together. Alimony in a civil marriage

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08.02.2021

Almost every third family is on the brink of divorce. After all, many fathers do not fulfill their obligations to raise minor children, even when they are married. In this connection, many women are wondering how to file for alimony without getting divorced.

Basic position

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Regardless of whether the relationship is registered or not, all parents must fulfill their parenting obligations. minor. They also undertake to financially provide for their children both during marriage and after divorce.

But it often happens that only one spouse is engaged in upbringing. And it doesn't matter what the reason was for this outcome of events.

The current legislation makes it possible to forcibly collect funds from the second parent for the maintenance of a common minor. Some situations allow you to recover funds for the second spouse. You can also apply for child support if you are married.

The Family Code stipulates that it is necessary for spouses to fulfill obligations not only to children, but also between each other. In accordance with Article 89 of this legal act, registration is possible both during marriage and after divorce.

On this moment The following categories of persons are entitled to this:

  1. representative of a minor child;
  2. pregnant woman;
  3. spouse who takes care of common child under the age of three;
  4. a spouse who cares for a child recognized as disabled on an indefinite basis or up to 18 years of age, if a disability of the second or third group has been awarded;
  5. disabled spouse who needs additional support.

The current legislation allows you to collect funds in several ways. And it does not depend on how the collection takes place - during the period of marriage or after the divorce proceedings.

by the most in a simple way is the conclusion of an agreement. But not all spouses can agree on this. But if they consciously relate to this fact, then they have the right to independently agree on payments and pay them in accordance with the agreement.

All agreements between the spouses are recorded on paper with the notary's certification. This document is equivalent to a writ of execution, which allows you to subsequently recover funds by force.

But as practice shows, this method is used extremely rarely, since spouses cannot simply agree on their own. Although conscious citizens, even without agreements, always financially support former spouses and children.

If it is not possible to agree peacefully on payments, then it is necessary to file a claim with the court. This is another method of obtaining the necessary funds for the maintenance of a minor. This action is much more troublesome.

But most often, the second spouse leaves no other choice.

Therefore, the spouse must prepare a package of documents for collection, correctly fill out an application of the established form, and also submit all this to the appropriate authorized body. The applicant does not need to pay the state fee on this issue.

How to arrange

Many parents think that collecting child support obligations is a troublesome procedure. This is especially true for those who think that it is almost impossible to collect alimony without a divorce. But this is far from true. And the Family Code regulates this issue. Russian Federation.

It also spells out the procedure for consideration, and a list of necessary documentation for submission.

The recovery procedure without a divorce is similar to the standard procedure. Moreover, the consideration of this type of penalty is somewhat faster than in the divorce process.

Where to apply for alimony without a divorce - features

In accordance with the current legislation, the consideration of the case takes place not in a claim, but in an order. This is also regulated by the Family Code. After all, such a process is indisputable, which is why it can only be by order.

But not infrequently, the procedure is accompanied by a simplified view.

Not a claim is submitted to the court, but a document on recovery. The necessary package of documents is already attached here, which confirms the right to recover. If the father refuses the child or does not confirm paternity, then a claim document is already filed.

To obtain alimony, you must submit a document for collection to the court. Consideration takes place only in the district court at the place of residence of the defendant. If there are significant circumstances (the presence of a child or illness), then the application is filed at the place of registration of the plaintiff.

If one of the parties does not appear at the meeting without a good reason, then the consideration of the claim may be unilateral.

To consider the case in court, you will need to provide the following package of documents:

  1. the applicant's general passport;
  2. certificate of registration of the marriage union;
  3. certificate of birth of minor children;
  4. information about the composition of the family;
  5. all certificates confirming the income of the applicant. This may be a 2NDFL certificate or a certificate of being on maternity leave;
  6. Defendant's income statement. These can be certificates of income from the place of employment, income received from the rental of property.

To obtain alimony without a divorce, additional certificates may be required. All this will be notified to the court if necessary.

The standard amount for maintenance obligations is 25% of income for one child or 30% for two children. If a person has more kids, then 50% or by agreement between the spouses.

The judge decides on the assignment of payments, based on the financial well-being of each of the parties and circumstances that may affect the amount of payments, both upwards and downwards.

Alimony obligations can be assigned both in percentage terms and in solid monetary form. For registration, you will need to confirm all information about the income of each of the parties to complete the picture.

Also, a person has the right to file a claim for a reduction in obligations if he has a child in a new family.

It is also worth remembering that a pregnant or disabled spouse can also apply for alimony if she is raising a minor. For the correct filing of the claim, you need to contact a highly qualified lawyer. He will also be able to correctly represent the interests of the applicant in court.

The bailiff shall exercise control over the payment of obligations. The applicant can always apply to him for clarification of the debt of the spouse. If the defendant continues to evade obligations, then he has the right to be held criminally liable.

Collecting a complete package of documents is an opportunity to receive maximum payments for alimony. It is with the help of documentation that it is possible to prove to the court the evasion of the second relative from the maintenance of a minor and involve him in providing financial support.

Video: How to file for child support

lawsuit

The form and correctness of filling are indicated in the Code of Civil Procedure of the Russian Federation. If the legal document does not meet these requirements, then it has the right to be returned to the applicant. It is possible that the court will reject the application before it is accepted.

The statement of claim reads:

  1. name of the court;
  2. place of employment, registration, contact information and full name of the applicant;
  3. similar information for the defendant;
  4. information about the marriage union - time and place of conclusion;
  5. information about all babies born in the family;
  6. information about circumstances. This includes information about separate or cohabitation, as well as the place of employment, earnings;
  7. further, a claim is made for the payment of funds to the plaintiff in favor of the children;
  8. a listing of all documentation that is attached to the statement of claim;
  9. Signature and date from claimant.

Being in a marriage union, a woman has the right to collect alimony if the second spouse does not fulfill the obligations. The amount of payments is determined by the court on an individual basis. Various factors affect the amount, including the number of minors and the current marital status of each party.

Is it possible to apply for alimony without a divorce: who has the right to it + from whom it is forbidden to charge money + basic rules + 5 payment methods + 2 registration methods.

The legislation of the Russian Federation, as well as moral principles, oblige both spouses who are in an official marriage to take care of their children. Such care should be manifested in the upbringing of the child, the formation of him as a person, the provision of education and financial support.

In some cases, one of the parents may not be sufficiently involved in the lives of common children. Then a completely logical question arises: is it possible to file for alimony without a divorce?

What could be the reasons?

Regulation of relations between spouses in the legal field occurs with the help of the provisions of the Family Code.

Thus, according to article 80, paragraph 1, spouses are obliged to provide material support to their children.
(https://www.consultant.ru/document/cons_doc_LAW_8982/939297ca809b2aa9866a
81dbe3759fe66c596075)

Continuing to analyze the legislation, we can conclude that one of the parents has the right to receive alimony for the maintenance of common children, even without a divorce.

1. Is it possible to apply for alimony without a divorce and why might it be needed?

Life situations are different. And the urgent need for money can arise from any of the parents. Especially if the second spouse does not want to bear the financial burden on himself for one reason or another.

At the same time, this is a rather serious step that requires reflection and composure.

So, when you may need to file for alimony:

  • If the divorce can drag on for a long period, especially if there are complicating factors in the case. For example, the second spouse deliberately delays the divorce process or there are property disputes that require careful consideration.

    At this point, a mother with minor children in her care may need money.

  • If divorced, neither the wife nor the husband has a desire. Perhaps there is hope that soon everything will work out and no one will apply to the relevant authorities for a divorce.

2. In what cases can you get alimony without a divorce?

According to the current legislation, the following categories of persons are entitled to receive alimony in marriage:

  • Common child under the age of 18.
  • Pregnant wife.
  • Parent caring for common children under 3 years of age.
  • Spouse in charge of a child with a disability.

A disabled wife can also apply for material support.

note! In the event of such a need, it is important for a woman to seek help from her husband or sue him. You can do this even without a divorce. Read more about this right here: https://www.consultant.ru/document/cons_doc_LAW_8982/ec0313c595765ab6
9da5881447bc64cc34c34c20

The same law gives a detailed answer to the previously posed question of whether it is possible to file for alimony without a divorce.

How to file for child support without a divorce? Exploring 2 options...

So, we decided that it is possible to apply for financial assistance not only if a divorce has occurred. Now let's figure out how to do it.

First of all, you need to understand: mutually beneficial agreement on a conflict issue should always be a priority. So you can avoid complex litigation, save money and nerves.

The RF IC provides for two options for the development of events in the event of a need from one of the spouses:

  1. Based on the agreement of the parties.
  2. Through the courts - to file a claim.

Option 1. Apply for alimony by agreement of the parties.

This option implies the imposition of maintenance obligations on the spouse, according to the concluded agreement.

It could be:

  • marriage contract;
  • a notarized agreement (in the absence of the first document or its loss of legal force).

Important ! The agreement of the parties must be duly executed and sealed by a notary. The document is concluded in the presence of a lawyer.

This approach will be the simplest solution to the problem. It will allow spouses to discuss all important issues regarding the maintenance of children in a calm atmosphere and consolidate the compromise reached in accordance with the legal and regulatory rules, without resorting to the need for a divorce.

In this case, none of the parties will be able to break their promises.

Option 2. Alimony without divorce by court order.

If it was not possible to agree, there is another option - to file an application with the court. It will help protect the rights of children in any area of ​​family relationships.

note! Experts do not recommend contacting the judiciary if no attempts have been made to resolve the conflict on their own.

The main reason for the claim can only be the refusal of the second parent to support the child.

a) Where can I apply for child support?

The magistrate is in charge of resolving such disputes. The right to choose a particular instance remains with the plaintiff. The law limits the possibilities of the applicant to his place of registration or registration of the defendant. You can find the address you need via online service: https://sudrf.ru

Important to pay attention! In case of incapacity and non-transportability of the defendant, the court must be held at the place of its registration.

b) What documents are required?

After you decide on the address of the instance, the second step to how without a divorce will be the preparation of the necessary documents.

The standard list consists of:

*Sample statement of claim for the recovery of alimony

Important ! In some cases, in practice, the court may require additional documents depending on the specific situation.

At this stage, you may need the help of a qualified lawyer. He will help to draw up a claim, file it in strict observance of the law, collect documents and hold a court session in a favorable light for the client.

c) How long will it take for a court decision?

The terms during which the trial must be completed are established by the Civil Procedure Code (CPC) of the Russian Federation.

Article 133 of this legal document says: the judge must agree or refuse to accept the application within five days from the date of filing the claim. Read more at the link: https://www.consultant.ru/document/cons_doc_LAW_39570/904c75bbaa60bc5dcdc6
04bfec327654b1b7ac14

Thus, before a decision is made, it may take one to two months.

note! The entry into force of the court decision will occur 10 days from the date of its issuance.

How much money can you expect?

The specific amount of subsequent penalties from the defendant is established by the justice of the peace. In his decision, he relies on Article 81 of the RF IC: https://www.consultant.ru/document/cons_doc_LAW_8982/797c663a5ba631a927
940aead92fead77d9dcea8

If the spouses still not only do not go for a divorce, but also entered into an agreement and they did not need to go to court, then the specific amount of deductions is established on the basis of the agreement reached. In this case, the above article does not apply. The size must be specified in the contract.

The payer has several options for closing his maintenance obligations:

  1. Monthly payment in the form of:
    • fixed amount;
    • percentage of total income.
  2. Periodic payment. It can be used in the absence of a permanent income.
  3. In the form of a lump sum, a specific amount.
  4. property method. It involves the census of personal movable or immovable property in favor of the recipient.
  5. Mixed type of alimony.

The spouses can discuss all these methods on their own, without involving the court, and fix the compromise reached with a notarized agreement. So you can resolve the situation, taking into account the interests and capabilities of each of the parties and without a divorce.

What else is important to know about the decision to apply for financial aid without a divorce?

While the process looks fairly simple, there are a number of problems that can arise in practice. In this regard, the legislature creates new rules, laws and regulations designed to protect the rights of children at the proper level.

We will analyze several special situations when the desire to file for alimony without a divorce is faced with obstacles.

1. When do payments stop?

The law provides for a number of cases, in the presence of which the obligations of the payer are removed in full.

Reasons:

  • The child reaches the age of majority.
  • Death of a spouse who previously paid alimony.
  • If the child is able to work. This fact occurs from the moment the minor begins to work. That is, the return to work of children may be the basis for the removal of maintenance obligations.
  • In case of adoption of a child by another person.
  • Due to moving abroad.

In such cases, the provision of heirs continues to be considered a moral obligation of the parents. But the law no longer imposes such financial responsibility on them.

Alimony in marriage without divorce. How to submit?

Procedure for the recovery of alimony. Lawyer's advice.

2. What if the spouse refuses to pay?

Sometimes, unfortunately, there are such situations - for one reason or another, the payer does not want, or maybe cannot pay the money. In this case, you can file a petition with the court for the recovery of alimony by force without a divorce of the spouses.

The legislation provides for a number of measures to punish non-payers:

  • fines;
  • seizure of property;
  • involvement in forced public works;
  • in exceptional cases, even imprisonment.

However, the following categories of citizens cannot be filed for alimony withholding:

  • disabled people;
  • people undergoing inpatient treatment in medical institutions;
  • staying in a sanatorium, if necessary for health;
  • who moved to another country for permanent residence.

Summarizing all of the above, main question, is it possible to apply for alimony without a divorce, we answer in the affirmative. This procedure is fully regulated by the Family Code of Russia. According to its provisions, the duties and rights of spouses to common children are equal.

The husband and wife have two ways to resolve the situation: drawing up an agreement, taking into account the interests of each, or through the courts. The second option requires collecting all required documents and submit them to the appropriate organization.

In any case, you should also remember the moral responsibility for your children. Often it is the principles of parents that allow them to find a common language and provide all possible assistance in the upbringing and maintenance of the child.

Some parents do not divorce on purpose so as not to divide property or pay alimony. Since such a situation is possible only if both parents agree with this state of affairs, a completely logical question subsequently arises, but how to get child support if the marriage is not actually dissolved? In fact, everything is much simpler and easier than you might think.

Can I file for child support without a divorce?

In the legislation that regulates maintenance payments, there is not a word that it is impossible to receive payments without a divorce of the parents. Based on this, we can conclude that it is possible to file for alimony without a divorce. Another thing is that in some cases it will be difficult to do this due to lack of evidence. Let's take a look at two main scenarios where alimony may be required while the couple is still married.

Cohabitation

When spouses live together under the same roof, disputes often arise when one side believes that the other does not help the family in general and the child in particular, preferring to spend everything they earn only on themselves. And this really happens quite often. The main problem is that with such a regime of residence, and even being married, it is very difficult to collect evidence that the second parent does not help the family in any way and does not give money to support the child. In this case, video recording should be carried out and certificates, payments and checks should be gradually prepared so that there is something to present at the court session. Otherwise, the claim will be rejected.

Example: The couple live in the same apartment, but in fact they do not communicate with each other. Such situations arise in cases where the parties simply have nowhere else to go and there is no way to rent housing. They live together, but they have separate products in the refrigerator, there are a number of rules on what can and cannot be done in a common living space, as well as certain obligations, such as paying utility bills together. In such a case, it is difficult to prove that the other party does not pay money for the maintenance of the child, does not buy food, toys or clothes, since formally everything in the apartment still remains joint property, even there is a conditional division. The best way out is to draw up an agreement that will list the rules and responsibilities. Such a document can serve as evidence in court.

Separate accommodation

In this case, in order to receive alimony, it is enough to sue statement of claim and attach to it the testimony of witnesses-neighbors. If a person does not live with his family, this does not mean that he is not obliged to support the child. And to prove the fact that he really does not live here is usually not difficult. The absence of things, video footage, the same testimonies and the existence of other housing are the most common evidence.

Example: The couple went to different apartments and stopped communicating. Each of them has his own life, which has nothing to do with the other side. In such a situation, it is easier to collect evidence, since it is easy to prove that the parents do not live together (video recording, testimonies of witnesses, the absence of things of one of the spouses in the apartment, permanent or temporary registration at a different address of residence).

Where, where to apply for alimony without a divorce

Filing an application for a husband with a demand to pay alimony involves a forced solution to the problem. This means that the spouses could not agree and will resolve the issue through the courts. In this case, one should apply to the Magistrate's Court at the place of residence / registration of the plaintiff or defendant.

Unlike most other similar applications, in this case it is enough to write an application for a court order. There is no need to file a claim. The exception is situations when, in addition to alimony, you need to demand something else, but they often arise already in the process of divorce, and not before the dissolution of the marriage.

If the payer does not agree with the amount awarded to him or with some other elements of the court order, he can file a statement of claim demanding that the issue be reconsidered.

How to arrange alimony while married (without divorce)?

This type of penalty is executed in two ways: the spouses can conclude a voluntary agreement between themselves, or the potential recipient can write an application to the Magistrate's Court for the issuance of a court order. The first option is usually not applied, since if the child's parents remained married, but a similar situation has arisen in which one of them categorically refuses to support the child, as a rule, it is impossible to agree. However, this does not mean that it is not worth trying, since when applying for a court order, a plus for the potential recipient of alimony will be the fact that he first tried to resolve the issue outside judicial order. The second option is more realistic, but there is one significant problem here: the collection of evidence. It is often very difficult to pick them up, because the other side, most likely, will evade and resist attempts to collect evidence by all means.

Procedure

  1. Pick up evidence.
  2. Prepare an application for a court order.
  3. Submit an application to the court (state duty in such a situation is not paid).
  4. Get a court order.

Then you can personally hand over a copy to the hands of a potential payer, as well as send another copy to the bailiff service, who will be involved in collecting alimony. However, this is not necessary (although it may speed up the process somewhat), since the court is independently obliged to send copies to both the payer and the bailiffs.

How to write an application

The payment of alimony will be possible only if the recipient makes a correct application and takes into account all the requirements of the court.

Form and content

The application form can be divided into three main parts, each of which provides certain information:

  • Introductory information part. Here, information is entered about where the application is being submitted, as well as about the applicant.
  • Main part. It describes the essence of the issue and specifies the requirements.
  • The conclusion includes a list of attached documents, as well as a signature and date.

Sample application for alimony in marriage

  • Marriage certificate.
  • Birth certificate of the child for which maintenance payments are required.
  • A certificate from the housing and communal services about where the child lives (relevant if the spouses live separately from each other).
  • Parties' passports.
  • If available: income statement of the potential payer.
  • Evidence that the child support payer does not provide money for the maintenance of the child and does not help the family in any other way.

Proof

When parents remain married, finding evidence that one of the parties is not fulfilling their obligations can be significantly difficult. These may be considered:

  • Video footage of a person not living with their child. You can also attach similar records of what he spends money on the family, although this will be difficult. Sound recordings fall into the same category.
  • Witness testimony.
  • The agreement of the parties, if any.
  • Certificates, invoices, statements on the movement of funds from the bank and other financial documents, which can be used to understand that the money for the maintenance of the child is not transferred or transferred in an insufficient amount.

The court will accept any recordings and other similar materials as evidence only if the potential payer of the documents is warned that he will be filmed. Otherwise, they may be recognized as illegally obtained. It should be noted that the court usually accepts such records, but they have less weight.

Timing

You can apply for child support without a divorce at any time, starting from the date when payments and / or other ways of supporting the child were terminated. It should be borne in mind that if a potential payer does not transfer money, but at the same time buys food, buys clothes, takes care of the baby and does housework, then all of the above can be considered a kind of analogue of alimony. It is relevant primarily for those families who continue to live in the same apartment.

Alimony begins to accrue from the very first day of filing an application for the issuance of a court order. In fact, it turns out that a person is not even aware that he will have to pay, and the debt is already “dripping”. Fortunately, only 5 days pass from the moment of filing an application to the issuance of a court order, so something significant will not have time to really accumulate there.

Child support amount

One of the main questions that arises when you need to issue child support: how much will the other side be? The legislation practically does not provide an answer to this question. There is a mention that 25% of income is paid for one child, a third for two and half for three. However, there are reservations right there that the amount can be reduced or increased by a court decision or agreement of the parties. As a result, it is still worth starting from the indicated percentages.

Alternative option through the agreement of the parties

If the spouses during the marriage “at a distance” were able to maintain the ability to negotiate, then the best way to solve the problem would be to conclude an agreement. This will eliminate the need to go to court and solve the problem “in a bad way”. One of the advantages of an agreement is that both parties consciously sign the document, agreeing in advance to all of its clauses. In most cases, this rules out a breach of conditions.

When applying for the payment of alimony in marriage, the main problem is the selection of evidence. There are many ways to resolve this issue, but not all of them are obvious. To better understand the current situation, we suggest contacting experienced lawyers for a free consultation. They will help you find the necessary evidence, draw up a statement, and, if necessary, will be able to represent your interests in court.

The couple gets divorced, the mother gets the child. Should she apply for child support, or can this procedure be dispensed with? The question is ambiguous, and therefore it should be analyzed in a little more detail.

We open the Russian Family Code and study article 106. It says that the parent has the right to file an application with the court and establish maintenance payments. The key word is "right".

Therefore, the recovery of alimony through the court is a right, not an obligation.

It turns out that the parent with whom the child lives may not file a petition for the collection of payments. But is everything so simple? It’s worth starting with the fact that Russian legislation establishes the principle of priority child development. It means that no factors should interfere with the full development of the child. Financial reasons are also among the factors. It turns out that non-receipt of maintenance payments may violate the designated principle. Because of this, the guardianship and guardianship authorities intervene in the matter.

Collection of alimony

The guardianship organization has the duty to protect the interests and rights of minors. She carefully monitors that both parents fulfill their functions of providing for a son or daughter. So, if the father does not pay child support, the guardianship authority can independently file a lawsuit against him and collect the necessary amounts. And this is despite the fact that the other parent can petition against receiving cash payments.

The guardianship authorities, like the entire state as a whole, are guided by a simple logic: the child should receive any, even minimal, outside assistance. Father, if he is away from former family, is obliged to help his heirs.

The guardianship body is trying to deal with such a category of parents that they consider the collection of alimony something below their dignity. For them, receiving material assistance is something humiliating and very bad. Such proud citizens for some reason forget that the money does not come to them, but to the child. It is a minor citizen who is the main subject in the system of alimony relations. In this regard, not the simplest concept is formed, where the collection of alimony is a right, the payment of sums of money is an obligation, and the receipt is something between an obligation and a right.

Characteristics of the alimony recipient

Chapters 13-15 describe in detail who exactly can act as a recipient of maintenance payments. Here it is worth highlighting, firstly, parents, trustees and guardians - any legal representatives who collect money in favor of a minor citizen. Although everything is tied around the child, giving finance to him himself is not quite pragmatic. In this regard, his representative receives material assistance, after which he spends the alimony for the intended purpose.

Secondly, this is a spouse or spouse. There are times when a couple breaks up, after which one side files for alimony. Everything is as usual, only the ex-spouses do not and never had children. The fact is that the law allows, for example, the recovery of finances from ex-husband if your wife needs help. For example, she fell ill, received a disability, became disabled, etc. In all these cases, spouses, even divorced ones, should help each other. Formally, they are still included in the category of relatives.

Can I file for child support without getting a divorce? The question is difficult, but the answer can be yes. We are talking about those rare moments when the spouses simply do not have the opportunity to dissolve the marriage, but one side needs help urgently. In this case, you need to contact the registry office, providing a considerable amount of evidence and papers. It will not be superfluous to purchase the services of a competent lawyer.

Also, the category of alimony recipients includes all other relatives of the first generation - brothers and sisters, grandparents, stepfather and stepmother, uncles and aunts, etc. It is quite simple to issue alimony: the most close relative, he is entrusted with the duties of caring in the form of material assistance. If the citizen refuses, then a lawsuit is filed against him.

A person who has raised a child for less than 5 years is not able to claim financial assistance from the foster child.

In fairness, it should be noted that in Russia and neighboring CIS countries it is not customary to force relatives to provide assistance, especially through government agencies. Therefore, the most popular form of alimony payments is still the relationship between spouses with a child.

Can I not apply for child support?

In most cases, women still apply for child support. At the same time, they demand the maximum possible amount. They do it out of a desire for revenge. ex-spouse. They take revenge for a failed marriage and an abandoned child.

Sometimes fathers themselves go to court for alimony. But most often they do this not because of a burning desire to help their son or daughter, but for personal gain. For example, a debtor on a loan with the help of additional obligations will get rid of half of the debt. It is known that according to the law, more than half of the salary cannot be withheld from a citizen. Alimony is always a priority of any loan. So it will turn out to knock out one payment with the help of another.

According to article 106 of the RF IC, a parent with whom a minor child has remained is able to demand alimony from the ex-spouse Able, but not obliged. Therefore, the mother may well do without the help of the former father. It is only important that the children are in abundance and satisfy the most important needs.

Expert opinion

Marina Bespalaya

In 2011 she graduated from the University of Internal Affairs with a degree in jurisprudence. In 2013, a master's degree course, specialty "lawyer". In 2010-2011, a course at Portland State University (USA) at the Faculty of Criminal Law and Criminology. Since 2011 - a practicing lawyer.

In practice, such a notarial agreement can be easily challenged, since the content of the document is a restriction on the rights of the child. A separately living parent must take part in the upbringing and growing up of the baby, therefore it is impossible to conclude an agreement under which the legal representative of the child refuses to pay. even a notary is unlikely to agree to approve such an agreement. An exception is the transfer of a large gift to a child in exchange for monthly payments.

Another important point lies in the fact that many divorced spouses simply forget that alimony does not have to be collected through the courts. Sometimes it is enough to certify the paper with a notary, or even agree orally. The relationship between the parents should be good enough in this case. Trust and minimum guarantees, formed independently, will allow you to do without unnecessary red tape and unnecessary paperwork.

Alimony through the court

You should not think that the low income of the father, the absence of a stamp in the identity card, or other factors can relieve the potential alimony payer from obligations. By law, the mother has the right to demand child support even in the following situations:

  • restriction or deprivation of the defendant (debtor) of parental rights;
  • parents were never married;
  • information about the father is not in the birth certificate;
  • the potential payer is not officially employed or recognized as unemployed.

In any case, the future recipient of financial assistance has the right to collect maintenance payments from his spouse. The law regulates the action proceedings, which has a number of interesting features. For example, the plaintiff may file an application on the basis of which an order-type proceeding will be implemented. As a result of the court session, an order will be issued, which the defendant will have to implement under the close attention of the bailiffs.

Read more about child support litigation here:

This is enough easy option, since the meeting itself does not imply the presence of the defendant or the plaintiff. The procedure is implemented in a short time by the judge himself. After consideration of the application, a court order will be issued, which will be sent to the bailiffs in the FSSP.

There are several conditions for consideration of the application in writ proceedings. Among them should be highlighted:

  • appointment of alimony for the maintenance of minor children. Other payments - for a wife, brother or someone else, will not work in this way.
  • The defendant did not express a desire to challenge the claims for the collection of obligations in favor of minor children.
  • Payments are assigned in share form. A quarter of the total income goes to one child, a third - to two, half - to three or more. The appointment of alimony in solid or in-kind form cannot be calculated through writ proceedings.

If writ proceedings have not been implemented, then you will have to draw up a full-fledged claim and deal with the presence of both parents.

How not to collect child support?

So, after the dissolution of the marriage, you can conclude an oral agreement on the transfer of material assistance, or certify a written contract with a notary. If parents, in principle, do not want to somehow burden themselves with unnecessary interactions, then a number of simple actions should be performed. They are needed so that in the future there will be no problems with the law.

The first and easiest option is to write a receipt. One person records the current state in writing: for example, the father is fully fulfilling or fulfilling his duty, and therefore alimony claims are waived. The receipt is not notarized.

The second option is the conclusion of a full-fledged notarial agreement. However, instead of solid or equity monetary forms, it prescribes the reluctance of one party to interact in any way with a potential payer.

All these papers, although minimal, guarantee protection against further interference from outside government agencies. At the same time, it is necessary not only to express your demand, but also to thoroughly prove it. Still, we are talking about money, and money for children. A potential recipient of financial assistance must indicate their income. The child should have enough resources for optimal personal and social development. Otherwise, the issue will be dealt with by the guardianship and guardianship authorities.

Child support without parental divorce

Some citizens often have quite interesting, but somewhat peculiar questions. For example, is it possible to conclude an agreement on the transfer of maintenance payments without divorce? First you need to figure out what it is all about. Situations can be very different. For example, the husband does not take part in the material support of the family, although he does not want or cannot get a divorce. The second situation is the inability to get a divorce for a number of good reasons, while there is an urgent need to receive alimony.

However, the formation of a payment transfer system is possible in this case in two already familiar ways. This is a voluntary agreement of the parties and legal proceedings. Voluntary form can be oral and written. The amount of payments in this case is set independently, as well as the form.

Judicial proceedings involve filing an application with the court. Servants of the law must study the current situation, and only then make a reasoned decision. For the speedy resolution of the case, it is necessary to take into account a number of cases, the absence of a divorce will be a good reason for obtaining financial assistance. Here is what should be highlighted here:

  • There is a possibility that the divorce will be protracted. Spouse in another region or even in another state. He does not want the dissolution of the marriage, prevents it in every possible way, tries to take away part of the property, etc.
  • The wife is pregnant or raising a child under three years of age.
  • A parent brings up a disabled child, takes care of a disabled relative, etc.
  • Spouses do not live together, while for a number of reasons they do not want a divorce.

The latter situation, it should be noted, is unlikely to be seriously considered by the court. This is especially true of those moments when the wife of a potential payer is not the first. It's all about how many citizens try to outwit the judicial system. For the sake of lowering child support by 8 percent, they file alimony in a new family, as a result of which the payment for a child from the first marriage drops from 25% to 16.5%. Alimony, allegedly relying on a second family, goes to the general budget, because there was no divorce in fact.

It is not recommended to carry out such operations. Debtors and potential payers are always monitored by the tax service. The bailiffs with guardianship authorities are not far behind.

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Claims for alimony after the divorce of the spouses are a common judicial practice. Is it possible to obtain alimony without a divorce, or before a divorce?

Yes. Such an opportunity is provided for by the Family Code of the Russian Federation, Section V. Chapter 13 is devoted to maintenance obligations of parents and children. Chapter 14 - maintenance obligations of spouses and former spouses.

In Art. 80 of the Family Code, the obligation of parents to support minor children is recorded. If this obligation is not fulfilled by one of the parents, then the parent who has undertaken the upbringing and maintenance of the child may demand in court the recovery of alimony for a minor child or a disabled child (Article 85). The amount of alimony is devoted to Art. 81-83.

In Art. 89 "Obligations of spouses for mutual maintenance" defines a list of persons entitled to alimony in the event of the refusal of the second spouse from their material support. In the absence of an agreement, alimony can be demanded in court by:

  • needy disabled spouse;
  • wife during pregnancy, and the next three years from the date of birth of their common child;
  • a spouse caring for a common disabled child until the age of majority of such a child, or for a common disabled child of childhood of group I - for life.

Thus, the legislation clearly answers the question "is it possible to receive alimony without a divorce"

How to get alimony without a divorce in practice?

Spouses can draw up an agreement on the amount of alimony on their own. To give legal effect to such an agreement, it must be notarized.

Question and answer from practice and the answer to it:

I don't want to get a divorce, can I file for alimony without a divorce?

My husband refuses to give me money and allocates 600 rubles for a child every six months. for diapers. I don’t know his salary, he doesn’t show cheat sheets. We live with his parents and brother. He gives his parents 5,000 every month. He does not want to live separately. The child does not pay attention to sitting at the computer for days. Ruki sometimes dismisses insults constantly at me if I ask to play with the child. I don't want to get divorced can I apply for alimony without divorce? I myself do not work anywhere. And can I take his money without his knowledge for my expenses.

Hello!
Of course, you can apply for alimony without a divorce, the Family Code of the Russian Federation allows this, but you will need to document in court that your husband does not support you:
He doesn’t buy clothes for you and the child, you don’t have basic necessities, he doesn’t provide food, and he also hides income from you or spends it on his own needs to the detriment of the family.

You can apply for alimony without a divorce in situations where one of the spouses does not fulfill its obligations in relation to the child. In such cases, the needy spouse may apply for alimony while married. The legislation stipulates cases in which alimony is accrued for both the child and the spouse. For example, if a woman is pregnant, as well as 3 years from the date of birth of a child, she can receive alimony for both the child and herself. The procedure for applying for child support without a divorce is the same as for child support after a divorce.

To apply to the court, you must have the following documents for alimony without a divorce and their copies:

  • Birth certificate of the child;
  • Income information;
  • Information about the composition of the family;
  • Marriage certificate;
  • Passport;
  • Certificates from ZhEK about the place of real residence of the child.

In the application for alimony without a divorce, it is imperative to write the essence of the request: “I ask you to collect alimony from the defendant in my favor for the maintenance of our child in the amount of 25% of all types of earnings monthly, but not less than 10 thousand rubles (the amount is conditional) monthly, until adult child."

If we are talking about alimony for both the needy spouse and the child, then two statements of claim are filed.

If the claim is satisfied, the accrual of alimony will be made from the date of its filing.

When deciding on the amount of alimony, the court takes into account the state of health of the needy spouse or child who is entitled to alimony. In addition, the court considers the level of the defendant's income, his state of health and whether he has other dependent children.

Depending on the stability of earnings, the court decides on the calculation of a certain percentage of earnings (Article 81), or alimony in the form of a fixed amount (Article 83).

If the official income is stable and corresponds to the actual income, it is reasonable to request alimony as a percentage of income. When real earnings are higher than declared, it is recommended to ask the court to assign alimony in a fixed amount of money.

If there is documentary evidence that the alimony intended for the child is spent for other purposes, the court may allow the transfer of half of the monthly amount directly to the child's personal bank account.