Can you get a divorce without paying child support? Alimony for a child in marriage Alimony for a husband without divorce.

Can I file for child support without a divorce? An urgent question that worries many women. The reasons for issuing this penalty may be different, because family relationships do not always go smoothly. In order to understand this issue in detail, it is necessary to study your rights and obligations well.

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the proposed options:

Can I file for alimony while legally married? The thing is that the state does not link the marriage of parents and the material support of minors. Therefore, you can demand alimony while you are married.

It is worth knowing that these payments can be collected from both the mother and the father. It doesn't matter to the court who pays the alimony.

It will be much better if the parents agree in advance on the amount to be recovered.

If a joint decision on the payment of funds for the maintenance of children is drawn up, then it must be certified. This can be done by a notary. This certified document (alimentary agreement) is equated by the court with a court order, which means that the paper can be transferred to bailiffs to recover alimony from the debtor.

Who can file for child support without a divorce?

Who can file for child support without a divorce? Most often, payments are collected for young children, but the Family Code of the Russian Federation provides for collection for other purposes.

One of the duties of parents is the material maintenance of their disabled children even after they come of age. Also, children should provide all possible material and physical assistance to parents who need it.

There is a list of persons who may require alimony:

• the husband, if he does not work, that is, is disabled;
• a parent of a disabled child of the 1st group or a disabled child up to the age of majority;
• a woman who is on maternity leave and is caring for a child who is not yet three years old;
• pregnant wife.

In the case of a disabled child, alimony is received by the parent who cares for him and, accordingly, cannot go to work, since care takes all the time. And it does not matter who exactly will be with the child: father or mother.

Where to start to arrange payments without a divorce?

Where to start to arrange payments without a divorce? To issue alimony while married, it is enough to write a lawsuit to the court (you can find a sample of it below) and provide evidence. It must indicate the amount of the desired payment and the reasons why alimony is being collected.

To decide on the recovery of alimony, you should go to the Magistrate's Court. A claim for alimony can also be sent to the territorial court at the place of residence of the defendant or plaintiff.

How is the amount of recovery without a divorce calculated?

How is the amount of recovery without a divorce calculated? Payments for young children are established by law. For example, for 1 child they charge a quarter of the parent's salary, if there are two children, then they already charge a third of the amount, and if there are three or more minors in the family, then they charge half the monthly salary. The court may take into account the salary of the defendant from whom maintenance is required, and change the amount that may be requested.

If payments for children are collected in a fixed amount of money (this type of alimony is collected if the defendant does not have a permanent official income or receives a salary in foreign currency), then the court fully calculates monetary compensation. At the same time, the court must maintain the material standard of living of children not lower than that which they had before filing a claim for the recovery of alimony.

The amount that the court will appoint to collect from the payer will depend on how justified the papers are, confirming the waste and income of both parties.

What is a court order: its pros and cons

What is a court order? Its pros and cons. A court order is a process that takes place at an accelerated pace. It passes without proceedings and hearings, and its decision is made in five days. This, perhaps, is its advantage.

The disadvantages include the fact that it will only be possible to collect alimony in shares in this way, provided that there are no disagreements between the parties. If one of the parents does not agree with the amount of the penalty, he can write a refusal in court, so he cancels the order.

Note! A court order cannot be obtained for the maintenance of a spouse (husband or wife). These payments are determined in a fixed amount, which can only be calculated by the court.

List of documents that must be submitted to recover payments from a spouse without a divorce

The list of documents that must be submitted to recover alimony from a spouse without a divorce is a rather important thing in any lawsuit. The first thing to do is file a lawsuit. This paper is drawn up in three samples, which are transferred to the parties to the trial and directly to the court. The application (claim) must be accompanied by:

• marriage certificate, as well as passports of the plaintiff and defendant;
• birth certificate of the child;
• a certificate confirming the fact of residence of the plaintiff with children;
• claimant's income statement;
• the defendant's income statement;
• receipts for rent (where children live), bills, checks for expenses that are spent on children;
• other evidence that the plaintiff can provide.

Be careful and attach only those papers that are relevant to the case, extra documents can mislead the court.

What are the grounds for refusing to consider a child support case?

What are the grounds for refusing to consider a child support case? The court has the right to refuse to consider the case on the recovery of alimony. To do this, he has five days from the date of filing the paper. There are the following conditions for refusal:

1. Documents for a court order are not accepted, as the father pays alimony to other minors.
2. The application/claim was filed in the wrong court. The waiver will tell you exactly where to apply.
3. The claim is incorrectly filed, there are errors. This claim will be accepted after the elimination of all violations.

Note! If the claim, in your opinion, was rejected illegally, then you have the right to complain to a higher authority.

Within one month, the court must consider the claim, and you can familiarize yourself with its decision in writing five days later.

Can I apply for child support outside of marriage?

Can I apply for child support outside of marriage? If a woman gave birth to a man with whom she is not married, she can receive alimony from him, but only for the child. A woman does not have the right to issue alimony, which will be directed to her personal maintenance.

But in order to collect payments from a man, the mother must confirm paternity. This process can be voluntary or forced (through the court).

After the relationship between the child and the father is proven, the parents go to the registry office, where they are issued a certificate of paternity.

Note! You can write a claim for alimony and a claim for establishing paternity with one document or two.

Drawing up a claim for the payment of alimony is not an easy task, so it is better to use the services of a lawyer who will competently approach this issue, acquaint you with your rights and help you collect documents.

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Often in complete families, scandals flare up between spouses, mother and father temporarily disperse or simply do not contact each other. The result of such behavior is the infringement of the rights of the baby, which manifests itself not only in a lack of attention, but also in the lack of material support from a negligent father or mother.

Is it possible to force an unscrupulous parent to make payments while cohabiting and how to collect alimony for a minor while married?

Can I file for alimony in a marriage without a divorce?

The law does not restrict spouses in collecting alimony and without divorce. The official conclusion of marriage gives the spouses the right to demand material support from each other both in relation to themselves (if there are grounds) and in relation to children.

Of course, this usually happens on a voluntary basis without any paperwork. But the legislator allows for a situation where the payment for a child is made out using special tools: an agreement and a judicial act. Let's consider them in more detail.

1. - This is a document that is concluded between spouses on a voluntary basis and certified by a notary. It prescribes the procedure for calculating alimony, the settlement period, the method of transferring funds, their indexation and other conditions that are important for the parties.
2. A court decision (order) can be issued in two forms, depending on the existence of a dispute between the parties.

A court order is an act of a court that is issued as a result of considering a case in the order of writ proceedings (according to a simplified scheme), when there is no dispute between the parents.

The court decision is issued in the order of action proceedings, which is necessary in the event of disputes about the amount of income of the alimony payer, the amount of alimony, as well as when the proceedings are complicated by other issues.

It should be said that it is possible to claim funds from an unscrupulous spouse in the indicated ways not only for a child.

Payment can also be assigned to the following family members:

• For adult disabled children;
• For a disabled spouse;
• For a pregnant wife;
• For a wife who is on maternity leave until the child reaches three years;
• For a spouse caring for a disabled person.

In order to forcefully receive payments for children from a spouse who evades support, it is necessary to have a documentary basis for this in the form of an agreement or a court decision. Although the out-of-court settlement of the money issue is a priority, Russian citizens prefer to resolve conflicts in court.

Consider the most common situation in practice - how to sue a husband to claim money for a baby.

How to apply for alimony while married (without divorce)?

First, a woman needs to decide on the type of production in which the alimony case will be considered.

The law allows two options for the forced collection of alimony:

• court order;
• Judgment.

Alimony in marriage, as well as alimony after a divorce, can be collected:

• As a share of all types of earnings, when the child support will be accrued from all types of the payer's official income;
• In a fixed amount, if the payer's income is unknown, unstable or non-existent.

Mandatory production

This is a consideration of the case according to a simplified scheme due to the absence of a dispute between the parties and with the obviousness of the income of the paying spouse. The trial process takes place without the personal presence of the spouses - the judge issues an order based on the materials presented. You can receive the document within 5 days. Another advantage of this method is the halving of the state duty. The order is an executive document and can be presented to the bailiff for the forced recovery of money.

Example. The father and mother of the child decided to live separately without getting divorced. The man officially works and does not mind paying alimony in marriage. The spouses agree that ¼ of the father's income will be withheld per child each month. The man is ready to provide her with income statements so that she can confirm in court that he is ready to pay money for the child. In this case, the wife can apply for a court order.

But such a simplified procedure is applicable only in a limited number of cases - when the spouses do not argue about the place of the child's further residence, paternity, and also when the person submitting the application has a clear requirement for the amount of maintenance, since he knows the amount of the payer's income. With regard to the recovery of alimony from the unemployed, this method is not suitable.

Claim proceedings

The process of consideration of the case will take place for 1 month with a call to the meeting room of the parties. Filing a claim is the only legal option to receive funds for a child if the other spouse evades financial support or there is a dispute between the parties regarding the amount and procedure for payments, the relationship of the baby to the father, and other points.

Example. During marriage, the father often goes to work abroad, does not financially help his wife with the child, and hides his income. The spouses cannot agree on the amount and procedure for payments. In this case, it is advisable to apply to the court with a claim. The document should contain a request that the court demand certificates of the man’s income and set alimony in a fixed amount.

In order for the case to be considered in a simplified manner, an application for a court order must be submitted to the court. To in the usual order of action - a claim for the recovery of alimony.

Submission procedure

The applicant must adhere to the following algorithm of actions.

1. Decide on the order of production.
2. Decide where the case will be heard. The woman herself decides where to go - an application can be submitted both at her place of residence and at the place of registration of her husband.
3. Draw up a claim for the recovery of money for a child or an application for a court order.
4. Prepare a package of documents for the court.
5. File an application or a lawsuit. The list of documents must include a copy for the defendant.

A representative can be hired to file documents and represent interests if there is no desire to meet with your spouse once again or there is no time to visit the court.

Applying

Submission of documents to the court is carried out in accordance with Art. 3 Code of Civil Procedure of the Russian Federation. According to it, the application form can be electronic and written. Thus, you can file a claim in person, via mail or via the Internet (this will require a qualified digital signature).

Today, the personal method of entering documents along with the postal method prevails.

Where to go, where to serve

It is possible to issue alimony without a divorce of the parents in the world court. In some cases, the case is heard in the district court.

Disputes about alimony can get to the district court in cases where:

• the subject of the dispute is the deprivation of paternal rights or the establishment of paternity;
• the alimony claim was filed as part of a divorce case, additionally aggravated by claims for the division of property or challenging the marriage contract.

Procedure

Documents must be submitted to the court office. This can be done by the representative of the applicant. To do this, it is necessary to first issue a power of attorney with a notary indicating the authority to file a lawsuit in court.

It is unnecessary to pay the state duty in advance, since the obligation to pay it falls on the defendant (clause 8, clause 1, article 333.20 of the Tax Code of the Russian Federation) following the results of the consideration of the case, and the applicant is exempted from paying it, since he applies in the interests of children.

The amount of the state duty on alimony is 150 rubles.

IMPORTANT POINTS:

• If you are mailing documents, please keep your receipt.
• When appearing in person in court, require a mark on the filing of documents on your copy with the date of filing and the stamp of the court.
• If you want to apply online, you must register on the State Services portal and have a verified account, as well as a digital signature key. Documents are submitted through a personal account with confirmation of all applications and with your EDS

How to write an application

Requirements for the form and content of the application are contained in Art. Art. 124, 131 Code of Civil Procedure of the Russian Federation. There is no approved and strictly mandatory application sample, therefore, in each case, it is necessary to draw up a claim or application taking into account the individual characteristics of the applicant's situation.

The form

The form may be written or electronic. In the second case, you must have an enhanced electronic signature or register an account in the Unified Identification and Authentication System.

The document is drawn up according to the rules of official business style in a free form. Information should be concise and concise, devoid of emotions and rich in facts. It is advisable to highlight all the important points, but do not stretch the story for more than 3 pages.

The application must indicate:

• The name of the court in which the case will be considered;
• FULL NAME. applicant, address of residence, place of birth;
• FULL NAME. spouse, his address of residence, where and when he was born, where he works;
• Requirements for the defendant and their justification;
• What is the violation of the applicant's rights;
• The amount of alimony that the applicant wishes to receive;
• Justification of expenses for the child;
• List of attached documentation.

It is also advisable to state in the application a request for the release of the mother from paying the state duty.

Sample application for alimony in marriage

You can file a claim for marital support on your own, but this will not protect you from possible errors. If, when filing a claim, you violate the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation, the judge will leave the claim without movement or return it to you to eliminate the shortcomings.

When drawing up a document, it is better to get free legal advice from our specialists who are ready to advise you at any time.

What documents are needed for alimony in marriage: list, list

In Art. 132 Code of Civil Procedure of the Russian Federation indicates what documents are needed to go to court. These should be:

• A copy of the applicant's passport with a registration mark and a seal confirming that he is married;
• Copy for defendant;
• Power of attorney;
• Copies of birth certificates of minors;
• A copy of the marriage registration certificate;
• Extract from the household on the composition of the family;
• income statements;
• A certificate from a medical institution, if the wife is pregnant.

In addition, you can submit documents that the applicant considers important to the case. For example, confirmation of expenses for a child - checks from a school or kindergarten, receipts from a pharmacy.

Evidence in court

The key basis for the recovery of alimony in marriage will be proof of the lack of material support for the child from the second spouse.

This can be confirmed:

• Information about the lack of income and unwillingness to find a job;
• Documents confirming the expenses for the child, which are borne by the applicant's spouse;
• Testimony of witnesses;
• References, extracts, characteristics - depending on the specific situation.

A competent lawyer can determine the full list of evidence and their composition. Proving the absence of material assistance for the child is assigned to the plaintiff, while the defendant, in turn, can both take a passive position and provide evidence of the provision of financial support for the child.

Need a lawyer

Even if the process of filing a claim or application does not seem difficult to you, do not rush to refuse the help of a lawyer. Only a practicing lawyer knows how to properly prepare documents for the court, what to look for when filing a lawsuit, and how to ensure that your request is satisfied with the maximum benefit for the child.

The services of a lawyer also include filing an application with the court and representing your interests in the meeting, but if you doubt their necessity, contact our specialists for a free consultation.

Remember, the child must receive material support from both parents in full!

• Due to the constant change in legislation, by-laws and judicial practice, sometimes we do not have time to update the information on the site
• Your legal problem in 90% of cases is individual, so self-protection of rights and basic options for resolving the situation may often not be suitable and will only complicate the process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Sometimes life circumstances develop in such a way that it is necessary to collect alimony for the maintenance of a child without dissolving the marriage between his parents. Today we will tell you everything about alimony in marriage in Ukraine for 2020.

• Is it possible to file for alimony without a divorce?

  According to Art. 141 UK of Ukraine:

  "one. Mother, father have equal rights and obligations regarding the child, regardless of whether they were married to each other.

  2. Dissolution of marriage between parents, their living separately from the child does not affect the scope of their rights and does not release them from obligations regarding the child.”

  At the same time, Art. 180 of the UK of Ukraine says that parents are obliged to support the child until he reaches the age of majority.

  How to collect child support in marriage

  In order to force one of the parents to pay for the child, it is not at all necessary to file for divorce. You have the right to file a claim for alimony even if you are married.

  A sample application for alimony without a divorce for going to court is located in.

  Such a claim is filed according to the general rules, in accordance with the norms of the Family Code and the Civil Procedure Code of Ukraine.
  

  Documents for filing for alimony in marriage

  In order to file a claim in court, being married to the defendant, you need to collect the following package of documents:

  • copies of the passport and TIN
  • your child's birth certificate
  • Marriage certificate
  • certificate from the place of residence confirming that the child lives with you
  • act of residence stating that the defendant does not live with you
  • certificate from the place of work of the defendant, if you have the opportunity to obtain such a certificate. If such a certificate is not provided to you, then it is necessary to write an application for securing evidence, in which you ask the court to request such a certificate.

  Get legal advice

  The legal portal site allows users to get qualified legal advice on alimony in Ukraine for free.

  To do this, you just need to fill out the form and describe the essence of the issue. If necessary, you can attach documents you already have. Our child support lawyers will give you an answer within a few hours on any question that interests you regarding child support.

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 file a statement of claim with the court and attach the testimony of neighbor witnesses to it. 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, the potential recipient of alimony will have the advantage of the fact that he first tried to resolve the issue out of court. 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 of

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.

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 through the 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, the main question is whether it is 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 you to collect all the necessary 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.