- Child Support in marriage
- Alimony married
- How to act in a similar situation
- Child Support: Questions and Answers
Besides the fact that every year the number of divorces, unfortunately, inexorably rising, in fact, in the field of family relations there are more difficult challenges. Some couples for some reason (financial difficulties, lack of consent, etc.) for a long time can not officially divorced.
Submission of documents, division of property, divorce and child support - all these factors are a challenge for both spouses, forcing them to further co-existence. In fact, such a situation can arise only to the family, which did not know about the law, because they clearly spelled out behavior in such situations.
"Can I now apply for child support? ". This question arises in a woman, when she stopped with her husband all sorts of family relationships, but officially it is still lawful wife. Quite often, the husband does not support his family financially, because the abuse of alcohol, does not want or can not find a job, do not earn much, and the like.
The legislation of Russia, like many other developed countries, provides a variety of options for the protection of all human rights. Receive alimony, being married, too, perhaps, by the way, not only the child but also on the need of a spouse (disability must always be acknowledged in court).
Child Support in marriage
Post divorce without alimony can be in a situation where one of the spouses in relation to the child does not fulfill their parental obligations. Our country's law also provided for cases in which payments are awarded not only to children but also to the spouse (wife). For example, if the date of birth of a child less than three years or a woman is pregnant, she may get alimony and for themselves, and their baby, even in status. The order of submission of documents is the same as in the case of divorce.
If the spouses have agreed, they could together draw up a contract, and even define the necessary amount to pay, but to give legal force to a document must be officially assure him of a notary. If you have a dispute and disagreement of one parent to carry out obligations in relation to the child (minor), you can simultaneously apply for alimony and divorce, in which case they will not be charged after the official dissolution of the marriage and the date of filing.
When you apply for child support, you must take into account that the court may impose them as a fixed sum or a percentage of the income of the spouse of an official, and there are some factors that affect the size of these payments:
- the level of income of the spouse;
- the health of the spouse;
- child health;
- the presence of other children from a spouse performing maintenance obligations.
If your husband's irregular income, if the official salary is very different from an informal, you can require the payment of alimony fixed sum. To do this it will be necessary to submit the documents which confirm that the actual income of the higher income certificate (signing lucrative deals, the acquisition of new expensive things, and the like).
In addition to alimony, our legislation provides for the joint participation of both parents in the treatment and the development of common children. If the spouses have not come to an agreement, you can also apply for payment of some additional expenses. By the way, this option is possible when paying child support for a child without a divorce.
If a spouse deliberately evading alimony, he will incur criminal liability under the law. In addition, for each day of delay in the payer will be charged a penalty, and for non-payment of a regular child's mother may deprive him of his father's parental rights.
In the case of certain circumstances the payment is not made, a child can draw public assistance, which will continue to be recovered from a spouse having maintenance obligations.
If the fact of evasion of alimony will be formally proven, the court may order the adoption of other measures to recover from the defendant the necessary amount. Alimony paid exclusively in the form of money, but if the payer has no money, then by mutual consent of the spouses as part of the agreement, the payment can be done other assets (car, house, cottage, etc.).
Alimony and civil marriage
Despite the fact that in the legislation there is no such thing as a "civil marriage", even without a stamp in the passport is possible to obtain child support, and the question: "Can I expect something, if our relationship was not official ? "The answer is obvious - of course, you can. After all, there are clearly stipulated in the law the rights and responsibilities that must be used to execute in this situation for the benefit of the general child.
Please note that children born to parents in the civil family have the same rights as the emerging status. That is why there is similar to maintenance obligations (Article 53 of the Family Code), but it is necessary to confirm the paternity (or by application to the registrar or a court).
In a civil union, you can conclude an agreement on the payment of child support to the established terms, conditions, and so on. This document should be notarized, and then apply to the court for its implementation will not be necessary. However, under Article 103 of the Family Code, such an agreement must not impair the financial position of the baby (the amount of support can not be too low).
How to act in a similar situation
Serve on alimony, being married, most reasonable after appropriate consultation with a lawyer. Only an experienced expert will help you competently and correctly to make the treaty or declaration, advise what documents are useful to the optimum amount for you. And do not forget that before you go to court, it is advisable to talk to her husband about the agreement.
The statement of claim for child support must be submitted in writing and signed by the plaintiff to present to the court. Within a few days after its receipt of the judge is obliged to consider the acceptance of the application for alimony to the production of ships, and then instituted a civil case. The statement must specify the court (which documents are served), name and patronymic of the plaintiff, the registered address, the actual (if different) place of residence, name and patronymic of the defendant, his address (the actual and constant).
A statement of claim must be accompanied by the following documents:
- photocopy of the marriage certificate;
- a photocopy of the birth certificate of the child (or children);
- a certificate of employment of the defendant, and if it is not known, you must specify this in a statement.
All documents submitted at personal reception magistrate or sent by registered mail.
Child Support: Questions and Answers
In conclusion, we present the answers to the most common questions from our readers, which can be useful, and other women.
- Can I apply for child support, I am officially married, but not maintaining family relationships - yes, the application may be filed both during the marriage and after its dissolution.
- What documents do I need to process child support? - Child's birth certificate, the statement of claim, a marriage certificate, a certificate of salary spouse, a copy of his passport.
- Can I be sure that if the spouse will evade payment, he will incur criminal responsibility? - Yes.
- If the child's father, I'm not in status, may in this case rely on child support? - Yes.
- Can I require a spouse to pay child support in addition to education, the treatment of the child and so on? - Yes.
- If the spouse of the official salary is less than the real, can I expect to receive child support from an informal settlement with income? - No, but you can get a solid amount of money.
- Is there a minimum amount of maintenance is less than that I can not get? - No, but the court always takes into account the cost of living.
- Can I spend the alimony for their own needs? Or should they be spent only on my children? - If you will spend the alimony for their own needs, the spouse has the right to take you to court.
- If the financial situation of a spouse changed for the better, can I demand to increase the size of payments? - Yes, after the establishment of the amount of maintenance to ship the order at the request of one of the parties, the court may change the previously set amount of maintenance.