- Alimony without divorce - a reality
- The procedure for submitting an application for the appointment of alimony without divorce
- The procedure for submission of documents and the list
Typically, an application to the court for recovery of maintenance shall be submitted together with a claim for divorce. Indeed, everything is logical: the official family ties can be considered broken, determined by place of residence of minor children and the parent who is on them separately, according to the law is obliged to pay the salaries. But not all citizens of our country are aware of the fact that a divorce to wait for the appointment of child support is not necessary at all.
Any lawyer in family matters with certainty say that the right to receive one of the spouses is posited care law does not associate with the entry in the register of civil status that marriage is terminated. So you can calculate child support, if one of the parents received about the appropriate application at the time as an official divorce his understanding was not. As you can see, paid content on minors has no direct connection with the divorce.
Alimony without divorce - a reality?
Right or wrong? To answer the question clearly, you should refer to article 63 of the Code of the Russian Federation on the family. It clearly states that the parents not only have the right to education of children, but also associated liability for them. They have to take care of the spiritual and moral development of their offspring, and are responsible for their physical and mental health. Furthermore, it is the father and mother are required to make every effort to ensure that the son or daughter received a basic general education and to create all the necessary conditions to ensure that they are able to continue it.
Based on all of the above, the question arises, and what is the alimony? It is not that other, as defined by the law pay a person having a right to it. Minors entirely belong to this category, because of what their financial security rests with the parents, according to the article 80 of the Code of the Russian Federation on the family. Therefore, any parent can rightly apply for alimony if the other evading obligations concerning the child enshrined in law. That is, roughly speaking, does not assume any liability for the life and development of a son or daughter.
It is not necessary to say much, and what the reasons are pushing to such behavior. Alcoholism, gambling, drug addiction, or simply banal "fallen out of love, gone, forgotten" - these are the main reasons why children suffer from a lack of financial support from the pope. Very often the forums where mothers communicate, you can find questions like the following: "With her husband do not live together, bring up the child actually one. Until the divorce (or is the beginning of the process), but would like to receive from his father posited help now. Do I have that right? "
Indeed, the housing problem, the disputed property, and so on often make one spouse to evade an official divorce. And then nothing else to do but to go to court to seek child support, even if not receiving the appropriate action for breaking the marital relationship. And it is absolutely right in legislation, because children do not have to suffer from the irresponsible attitudes of one of the parents.
The procedure for submitting an application for the appointment of alimony without divorce
If we talk about how to apply for alimony without divorce, the process of recovery of the salaries of virtually no different from that provided for the dissolution of marriage. The new Family Code of our country does not limit the right of parents to enter into a voluntary agreement to help. This document is referred to as an agreement on the payment of alimony. If it for some reason you can not make (the absence of consent of one of the parties), then the legal content collected by the relevant body.
In this case, a father or mother who are entitled to the appointment of child support must apply to the court with the appropriate requirement regardless of whether or not rendered a decision on dissolution of the marriage. The statute of limitations does not matter, that is, the application can be submitted at any time, whenever the case The claim came. If you have previously not paid child support by mutual consent, then they will be levied from the date of the court.
Of course, the law provides and the opportunity to reclaim them for the last period, but only for three years. This court must present evidence showing repeated unsuccessful attempts to obtain child support. Such a rule is enshrined in Article 107 of the Family Code. How much in monetary terms can be found on a minor child? Article 81 of the Code regulates the amount, tying it to the twenty-five percent of all parental income of the respondent under the condition that the child first. These include:
- all kinds of dividends;
- income in kind;
- irregular earnings.
There are cases when more convenient to collect the content is not in the amount of twenty-five percent of all income, and identify some strong monetary figure. Its size can be set in the court on the basis of Article 83 of the Family Code. The court takes into account the ability to maximize the retention of the child (children) the same level and quality of life. However, also considered financial and marital status of both sides (father and mother), as well as taking into account other circumstances.
Control over timely payment of alimentary content of minor children rests with the court bailiffs. It was her employees are required in the case of violations of the defendant's time and size of the required amount set by the court to impose on him a number of special sanctions. And now, when the legal aspect of all became much clearer, you can move on to the practical side of the issue of recovery of alimony without divorce.
The procedure for submission of documents and the list
Most lawyers in favor of conducting preliminary negotiations with the parent who is obliged to pay maintenance, for the conclusion of voluntary alimony agreement with him. Such a contract involves not only determine the amount of an individual relying minor child of money, time and order of their payment. In this case, you can also consider some other options like using, for example, payment services such as health, education or health. To alimony agreement was valid but the signing by both parents, it must be notarize. It will always allow a father or mother to appeal to the courts if one of them violated the terms of such agreement.
Unfortunately, often develops a very unpleasant situation in which to reach an amicable compromise is not possible. Then, in order to avoid infringement of the rights of a minor child, the other parent should immediately apply to the court for recovery of maintenance relying official legally. Serve it should be the appropriate authority in the place of residence of the defendant. The application can easily make yourself. It should specify the following data:
- the name of the judicial authority to which the claim is filed;
- surname, name and patronymic of the claimant and his place of residence;
- surname, name and patronymic of the debtor and his place of residence;
- are the requirements of the creditor and the description of the circumstances of occurrence of the claim.
In addition, the application must documents confirming the legality of such requirements, namely:
- Passport (original and copy);
- certificate of employment of the applicant and the respondent on the income of each of the form 2-PIT or arbitrarily;
- an extract from the house of the applicant and the respondent or door-card (certified copy);
- birth certificate (original and copy);
- marriage certificate (original and copy);
- list of documents attached.
We consider the claim for alimony for a period of not more than five days after its registration in court. Once an appropriate decision will be received by the plaintiff in his arms, he can immediately submit it to the executive service at the place of registration of the defendant or the transfer to the accounting department of a company where he works. To avoid any unpleasant surprises with the possible loss of a court order, did not hesitate to ask for a receipt of its receipt by an official. At the same time, and provide the details of your savings book, which will be credited the amount of money.
Very often women, willy-nilly, faced with the need to raise a child without the participation of his legal father, not divorced him officially for some very understandable reasons, ask: "Does it make sense to file for child support in the case where the defendant is unemployed, has no permanent income or even disappeared in an unknown direction? ". Of course, it is, and this should be done without delay.
The fact that the corresponding amounts will accrue from the date of filing a claim, regardless of whether they want to pay the defendant or not. In any case, the law says that, having the appropriate court order, at any time to collect from him the full amount of the accumulated debt from any income and even pensions. Neither age as irresponsible father, nor will come in this age of the child you do not interfere. By the way, the law does not impose any restrictions on collection content, so an elderly parent, and it has become a minor young man, sooner or later, you can make, after all, pay the bills.
Besides legal basis for maintenance for a son or daughter, there is the recovery of the content of one of the spouses. And you can also get it before the divorce official. But in this case, just as in the previous attempt to start is in a good agreement. If the plaintiff refuses to voluntarily comply with their obligations, should be sent to the appropriate court lawsuit. The form and meaning of the statement is particularly different from the first will not be, except that slightly change the list of attached documents. The right to receive child support are:
- one of needy disabled spouses;
- a woman during pregnancy and for three years after the birth of a child by a legal spouse;
- one of the needy spouse who is caring for a common child, having acquired a disability before the son (daughter) be eighteen years of age;
- one of the spouses in need, caring for a common child, having the status of a disabled child of the first group.
As you can see, the legislation has tried to properly protect the interests of minor children, if one of the parents refuses to be bound by their contents. Therefore, to apply for alimony without divorce is definitely possible. However, it is necessary to prove that the father or mother did not take the child's life due participation. Of course, if the financial position of the parent who provides the care, allows children on their own, without being in need of food, clothing and so on, then the choice is entirely behind him.
But it happens so that the mother's incredibly difficult to bear all the costs associated with raising a child alone. Then there is nothing to be ashamed of to recover from a negligent father's help, relying on the law. Therefore, you should not be held captive by false beliefs and pride, because it is not about you and about the welfare of your child.
And only you can try to give him everything he needs and, if necessary, to make it through sud.Konets form