Recovery of alimony from her husband without a divorce. Is it possible to apply for alimony without a divorce - where to start, what documents are needed and how the amount of money collected is calculated
Many couples have financial difficulties and disagreements during their marriage, because everyone has a different level of income, and the desire to share it with his wife or children does not always arise, in connection with which problems form, especially if the wife does not work and is forced to be on the full maintenance of a husband who evades his duties.
In such a situation, the wife has the only way out, from a negligent husband and father, only through the court, even if she is married.
Legislative regulation of the issue
According to the norms determined by Article 89 of the RF IC, a married couple, after formalizing their relationship, officially acquires not only rights, but also obligations, consisting in the need to share the income received equally or, at least, provide financial support in relation to their loved ones, the same wife, allocating money for the family budget and other expenses, especially if the wife is staying or sick.
It is also stated in the family law of the Russian Federation that material support spouses must provide to each other, both during the period of marriage and after it, but only if one of the parties cannot receive income on their own, due to certain circumstances, which, in particular, include the wife’s disability, for example, due to injury or care of the baby.
In accordance with Article 80 of the RF IC, parents have to support their children both consanguineous and adopted, again, regardless of whether the couple is in an officially registered marriage or not. After all, children, in view of their young age, cannot support themselves on their own, while needing both love and material assistance, not to mention education, proper nutrition and medical care.
That is, in fact, regardless of whether the same father lives with the child or not, he is obliged to support him until the age of majority, providing payment for food, clothing, school supplies and other expenses. If the father lives together with the child and wife, then he is all the more obliged to participate in their expenses and provide assistance, sharing the income received in accordance with the needs of the family that have arisen.
What conditions must be met to apply for maintenance deductions in this situation
Of course, it is easiest to prove that the father and husband evade providing for the needs of the child and wife in the case of separation, because in such a situation, a divorce certificate and different addresses are enough. But it is difficult to prove the absence of financial assistance in cohabitation, given that common residence already implies a joint budget that is spent on family needs, the same purchase of groceries, utility bills and household needs.
However, there are also cases when a husband, despite his wife's low income or lack thereof, refuses to provide financial support due to banal greed or other circumstances, forgetting about the norms of the law, which states that eligibility for mandatory financial assistance have the following family members:
By the way, reaching retirement age is not a basis for receiving alimony support, as well as a short-term marriage, not to mention misbehavior due to alcohol abuse and evasion of parental duties. That is, in fact, a wife can claim alimony while married only if she does not have her own income or it is so meager that it does not cover all the necessary expenses and, of course, provided that she leads a normal lifestyle, which implies the fulfillment both parental and marital responsibilities.
The procedure for collecting payments
There is an opinion that alimony for small children and a spouse can be collected only after the official dissolution of the marriage and separation, but this is not so. After all, the norms of the law are maximally aimed at preserving the family and ensuring the legal rights of the parties, by resolving disputes peacefully, that is, by concluding the same agreement.
In particular, spouses were initially given the right, at the stage of marriage registration or in its process, to determine the legal regime for the division of property and the possibility of financial security in case of unforeseen situations through conclusion of a marriage contract or agreement. After all, the agreed documents after notarization acquire the status of a legal document and are subject to full execution, respectively, the parties are protected.
However, not everyone, alas, has such foresight and tolerance, most often the parties, on the contrary, cannot come to an agreement either on the issue of material support or on determining its size. Meanwhile, the husband should know at the beginning of the marriage that, in accordance with part 3 of article 34 of the RF IC, all income received during the marriage, even if one of the spouses did not officially work and did housework, belongs to both not to mention the obligation to support children from the moment they are born.
However, the lack of knowledge of the laws or ignorance of established norms cannot be an obstacle to the material support of the wife and children, regardless of the desire of the husband to provide the agreed support. That is, a wife deprived of the means for a full-fledged existence and the opportunity to resolve the issue of providing for peacefully has the right to go to court to establish alimony maintenance in the manner prescribed by law.
In particular, the spouse has the right to apply to the justice of the peace at the place of official residence, which will be considered in a simplified manner, that is, without the presence of interested parties, but only if all documents that confirm the need for alimony maintenance are available, within 5 days. After considering the issue, a court order will be issued, on the basis of which alimony will already be collected.
List of required documentation
It is clear that the application is not a sufficient basis for establishing maintenance, because the claim announced in the application must be document by applying:
If the documents are submitted for the recovery of child support, then you will also need to attach a copy of the baby's birth certificate.
Based on the application, the husband, that is, already the defendant, will be required to provide information about his income, in particular, about the amount of wages or the same dividends in the presence of securities. By the way, when applying for the recovery of alimony in respect of a spouse, one must also be prepared for the fact that the court may refuse alimony support, for example, if the wife’s salary or other income is higher than the husband’s or if the spouse has a minimum income which is relevant for pensioners.
Collection procedure
Alimony can be recovered only if there are legal justifications drawn up in documentary form, that is, on the basis of an agreement, which, in accordance with Article 100 of the RF IC, is equated to a writ of execution, or a court order in the amount determined by the agreed documents.
So, in particular, the amount of alimony for children will be determined based on their number on the basis of Article 81 of the RF IC, that is, maintenance obligations will be calculated in the amount of a quarter of income, not less than a third, and for three, not less than half. Moreover, if the same dad does not have a permanent job, the amount of alimony will be fixed.
But, in accordance with Article 91 of the RF IC, alimony will be calculated not as a percentage, but as a fixed amount, but taking into account the financial situation of the husband, in particular, his level of income and the real expenses of the spouse, which should not exceed the required minimum.
The following video tells about the recovery of alimony deductions without a divorce:
Alimony- funds that one family member must pay for the maintenance of a relative who needs it. The Family Code of the Russian Federation clearly establishes the circle of persons entitled to receive alimony, and the circle of persons obliged to pay them, as well as the terms and.
Many of us believe that the support of a family member (most often for children) is paid only after the dissolution of the marriage. However, it is possible. Directly in the law, this type of payment is not spelled out, but their essence follows from certain provisions of family law.
Many people are familiar with this situation: a husband and wife live together, one of them needs financial support spouse does not receive assistance. Or one of the legally married parents does not provide financial support to the children. There is a way out of this situation - you just need to demand payment of alimony. If it is not possible to agree peacefully, you can go to court (read).
Terms of payment without divorce
The main condition for receiving maintenance payments by a wife or husband without divorce is legal spouse status(spouses). It is also important that the debtor has the necessary material resources.
If the issue of paying alimony for a child in marriage is considered, then he should be no more than 18 years old, since the general rule is that payments are made before he comes of age, because after coming of age he must support his parents financially.
The right to receive alimony without divorce have:
- disabled needy spouse;
- and within 3 years after the birth of a common child;
- who takes care of a common disabled child until he reaches the age of majority;
- a needy spouse who has been caring for a common since childhood group 1.
Remember that you can claim child support for the past period only within a three-year period, that is, no more than three years prior to registration. At the same time, the recoverer must prove that before going to court he tried to peacefully resolve the issue of maintenance with the defendant.
How to apply?
Alimony without divorce is issued in the same way as at or after the dissolution of a marriage.
The parties (needy and obligated) have the right enter into a contract, in which , and must be specified. Such an agreement must be concluded in writing and certified by a notary. Failure to comply with this rule will result in invalid this agreement of parents. If all requirements are met, the agreement has the force of a writ of execution and can be used to present bailiffs without going to court.
Payout amount
In the presence of an agreement, the parties themselves decide the issue of the amount of payments. However, it should be remembered that when independently determining the amount of child support, it is unacceptable to set the amount below the one that could be received upon collection of payment. Failure to comply with this requirement shall result in the invalidity of such an agreement.
If there is no agreement, then the court collects child support without a divorce of the parents on a monthly basis in the following amounts:
To the Magistrate's Court of the Bezhitsky District of Bryansk
Bryansk, st. Young Guard, 41
Claimant: Lozinskaya Olga Viktorovna,
registered and resident at:
Respondent: Lozinsky Yury Petrovich,
registered and resident at:
Bryansk, st. Bezhitskaya, 117, tel. xx-xx-xx
Petition for alimony
Married to the defendant Lozinsky Yew.P. I have been since 2005. There are minor children from marriage:
- Lozinskaya Ekaterina Yurievna, born on October 16, 2007;
- Lozinskaya Victoria Yurievna, born on May 16, 2011
In the last year of 2018, the behavior of the defendant, as the father of his family and, above all, the parent of two children, I consider unacceptable. Yuri Petrovich became addicted to alcohol. The salary that he receives at the place of employment does not reach the family. At first I tried to control it (even met him from work so that he would not stay with colleagues), then he simply began to hide money from me and drink it away. During the year, I support my schoolgirl daughters alone, living with my husband on the same territory. I tried to talk to his parents, management, asked him to go through the coding procedure, to which he categorically refused. Now I am afraid that he will lose his job because of his addiction to alcohol.
I do not consider my husband's alcoholism the reason for the termination of the family union, I am trying to find an approach to him and treat him, but this takes time. But I do not have the financial ability to support children alone, while the father of the girls works and must participate in their maintenance on an equal basis with me.
Considering the foregoing, in accordance with Art. 131-132 Code of Civil Procedure of the Russian Federation, Art. 81 RF IC
PLEASE COURT:
- To recover from the defendant Lozinsky Yury Petrovich alimony for the maintenance of daughters:
- Lozinskaya Ekaterina Yurievna, born 10/16/2005;
- Lozinskaya Victoria Yurievna, 05/16/2009
- Summons witnesses to the hearing:
- Lozinskaya Varvara Sergeevna (mother of the defendant), living at the address: g. Bryansk, st. Stepnaya, 154, contact/tel. xx-xx-xx;
- Krestovskaya Veronika Pavlovna (neighbor), living at the address: Bryansk, st. Bezhitskaya, 115, contact/tel. xx-xx-xx.
Multifunctional legal center Moscow, st. Nametkina 15
until they come of age in the amount of 1/3 of the monthly salary.
Family members should always take care of each other and help in everything, whether they are married or not.
The presence of a registered relationship between spouses does not always guarantee the fulfillment of their obligations to support their children.
In order not to resort to divorce, but to protect your material rights, you need to know how to file for alimony in marriage.
Many are interested in the question: is it possible to apply for alimony while being married and living together? According to Art. 89 of the RF IC, in order to receive alimony, it is not necessary to get a divorce.
Alimony without a formal divorce is awarded to one of the spouses if the other evades the maintenance of the family and the provision of material assistance.
Article 80 of the IC of the Russian Federation prescribes that both parents are obliged to raise and support their children until their 18th birthday. If one of them evades this, then the funds can be collected through the courts, without divorcing.
The legislation of Russia does not link obligations in relation to children with official or civil marriage between their parents, as well as with its conclusion or termination.
Can a wife file for child support while she is married? The unequivocal answer is yes.
Marriage support can be claimed by a person who cannot take care of himself and needs additional cash receipts.
Without a divorce, you can file a claim for material support:
Alimony without dissolution of marriage is not awarded to a disabled plaintiff if he:
- has an alcohol or other harmful addiction;
- committed an intentional crime;
- behaves inappropriately;
- if the marriage was recently concluded.
To resolve the monetary issue in the family, the Family Code of the Russian Federation offers a contractual and judicial solution.
You can always reach an agreement out of court by issuing a notarized agreement on the payment of alimony between spouses in marriage.
This simple, fast and non-conflicting method has the power of a writ of execution. Spouses themselves can choose the form of payment, terms, order of transfers, as well as learn in detail how to file for alimony without a divorce.
If the parties have not agreed and a voluntary agreement between the spouses is impossible, then an appropriate statement of claim is submitted to the court, which will indicate the requirement for the amount of payments and the maintenance of family members in need of assistance.
The plaintiff can file an application for the recovery of alimony without dissolution of the marriage or a claim for a court order. All samples can be found in the court office.
Often, alimony cases are controversial, so the filing of an application for recovery must be supported by evidence and accompanied by additional documents.
If the spouses do not have disputes about the amount of alimony, the place of residence of the child and the fact of establishing paternity, it is permissible to file a claim for the issuance of a court order.
Such an application is submitted to the court without establishing the facts. Persons living in a civil marriage do not have the right to file an extradition claim.
To qualify for alimony without a divorce, you need to know how to write an application for alimony in marriage in the prescribed form.
Most often it is submitted by the spouse to the husband. But the spouse is also entitled to alimony if he is unable to work due to his illness.
Also, a man may need help caring for a disabled child. Then he has every right to sue and win the case. In such a statement, additional expenses must be justified and supported by evidence.
The application must be accompanied by a calculation of the amounts that the husband or wife considers necessary for the maintenance of the child.
There is no need to draw up a claim for recovery without a divorce if a payment agreement was previously signed with the consent of the spouse. The case will be considered by the court only if the clauses of the notarial agreement were violated.
The application must be made in a clearly defined form, in the application header it is indicated:
- court name, address, telephone number;
- Full name of the plaintiff and defendant;
- the addresses of the parties and their telephone numbers.
In the center under the heading of the claim is written: "Application for the recovery of alimony in marriage". At the end of this name, they add who will be charged if it comes to financial assistance for a child.
The body of the document must include:
- the essence of the problem;
- requirements with their justification and evidence;
- recovery amount.
All requirements are stated after the word "Please." Statements of this kind should be substantiated by referring to Sec. 14, 16, 17 of the Family Code of the Russian Federation, as well as the legislative acts of the Civil Code and Code of Civil Procedure of the Russian Federation.
After the application is properly executed, it is submitted to the court office at the place of residence of the plaintiff or defendant to choose from.
The claim can be filed by mail, delivered in person, or submitted electronically.
To open a case in court, you must also know what documents are needed to file for alimony in marriage. The claim for them must be accompanied by the following certificates and copies of documents:
According to the Code of Civil Procedure of the Russian Federation, the state duty is paid by the one who is awarded alimony. The person in whose favor the judgment is rendered is exempt from payment.
When a child support case is pending, the defendant always pays the legal costs.
If the children are registered at different addresses, you need to prove that the children live with you. For this, an act is drawn up by housing and communal services workers in the presence of two neighbors.
This is the minimum list of documents, it cannot be reduced, but it can be supplemented.
For example, if there are several children in the family, then documents are added to them that justify the calculation of the amount of the penalty and the advisability of additional expenses.
The list of documents is compiled in 3 copies, one - for the court, the second - for the defendant, the third is kept at home.
In accordance with Art. 57 of the Code of Civil Procedure of the Russian Federation, the plaintiff, who is unable to provide evidence in the case, may petition for their reclamation from the defendant and assistance to the court in their collection.
That is, if it is difficult for the applicant to obtain a certificate of income or other document from the defendant, then the court should be warned about this at the stage of preparation for the proceedings.
In a written application, it is necessary to indicate the reasons why the document cannot be claimed.
How to get alimony without a divorce in 2020 depends on what kind of application was filed - a claim for alimony in marriage or for a court order.
The fastest solution is the order, after registration it is considered no later than 5 days later, in accordance with Art. 126 Code of Civil Procedure of the Russian Federation.
The trial proceeds without holding the case and summoning the parties. If the case is controversial regarding the size and calculation of payments not only for children, but also for the wife, then the claim must be filed with the same name production.
The judicial authority may refuse to consider a claim for the recovery of alimony if:
Refusal to consider a claim is different from refusal to accept an application.
The following factors affect the amount of alimony payments:
- the financial situation of the applicant and the defendant;
- family circumstances and health status of the payer.
The form of material security depends on the income of the defendant and the number of recipients, but not on 100% of the income of the payer.
The court may establish payment in a fixed amount of money or as a percentage of earnings.
According to the general rule, the accrual is awarded in shares, but if his income is changeable, then the court may award payments in a fixed unit (Articles 81, 83 UK).
Funds are accrued in rubles, but the calculation is made from salaries received in any currency.
Amounts are subject to deduction from all types of income, except for socially guaranteed ones (due to illness or disability), in accordance with Art. 82 RF IC.
The court also takes into account the types of cash receipts of the defendant, as well as his permanent or temporary work.
On this basis, he can:
- delay the payment of child support;
- install them;
- partially exempt from payment.
Can I file for child support if we are not officially scheduled?
Financial assistance can be collected while in a civil marriage, but upon establishing the fact of paternity. You will need a certificate of paternity or an adoption document.
If there are no such documents, then the procedure for establishing this fact is carried out in court.
The court makes a decision on the basis of reliable information that proves the fact of biological paternity, appointing a genetic examination.
Is it possible to collect payments for adult children?
If one of the parents is raising a disabled child of group I, then he has the right to claim his maintenance after the age of majority, if he does not return his legal capacity.
According to Art. 89 of the RF IC, the second spouse must provide assistance in the form of alimony if the other parent supports their common child and needs help.
Video: How to file for child support in marriage? What to do? Where to go?
Alimony is a regular payment paid by virtue of a court decision or by agreement of the parties, for the maintenance of disabled relatives. The recipients of alimony can be not only children, but also spouses, parents, and other relatives. The basis of maintenance obligations is the obligation of spouses, legally established by the Family Code, to provide material support to each other and support children.
When can you get child support while you are married?
As a rule, alimony is filed when the husband does not take part in the material support of the family and children. It is this behavior that often leads to divorce and the establishment of maintenance payments by the court.
But Under Russian law, receiving alimony for children or spouse (spouse) is not associated with divorce. This issue can be resolved without the official dissolution of the marriage. There are two ways to determine these payments:
- Voluntary (by agreement of the parties). The spouses, having reached an agreement, turn to a notary to sign the agreement. The amount of payments is determined in a fixed amount or as a percentage of income, depending on the mutual decision made by the parties.
- Judicial. Considered by a justice of the peace at the place of residence of one of the spouses (plaintiff or defendant). An interested party submits an application to the judge, the case can be considered in the order of writ (simplified, without the appearance of the parties) or action proceedings.
In what cases can you receive alimony without resorting to a divorce:
- There is a possibility that the official divorce will be long. For example, the spouse will obstruct the procedure by delaying it, or try to hide part of the property, reduce income, etc.
- The spouses do not want a divorce for certain reasons, but do not live together, and there is no voluntary agreement on alimony.
- The wife during pregnancy or until the child reaches the age of three claims to pay maintenance to her.
- In some cases, the wife files for alimony without a divorce in order to reduce the amount of deductions for other writ of execution from the spouse's salary.
- Alimony can be transferred not only to minor children and spouse, but also to disabled children, disabled spouses (both husband and wife).
Alimony in a civil marriage
Regardless of whether the marriage of the parents is officially registered or not, children under the law receive the same guarantees of their rights. That is, for a child born in a civil marriage, you can also receive alimony, in the amount established by law.
The condition for receiving alimony is only the procedure for recognizing paternity. If, when registering a child, with the consent of the father, his data is entered into the birth certificate, the fact of paternity is considered certified by the registry office.
On a voluntary basis, paternity can be established and subsequently with the same registration of this fact. In the absence of verified paternity, the mother of the child will have to prove that this particular man is the father. At the same time, the court makes a decision on the basis of convincing arguments (and only one of them is the genetic examination of DNA).
Alimony obligations on the spouse (spouse) stem from their obligation to financially support each other. This is established by Art. 89 of the Family Code of our country. Financial support does not provide for the full maintenance of one spouse at the expense of the other, but only additional support if necessary.
Although the Family Code literally speaks of alimony for married persons, the courts in our country, by analogy with the law, determine the amount of alimony for a spouse during pregnancy and for three years after the birth of a common child.
Oddly enough, a gap in domestic family law does not give the father of the child the right to demand alimony from his wife if he is left alone with the child at birth and brings him up to the age of three, although in carrying out such actions, the man, of course, experiences certain financial difficulties.
A word to a professional:
Amount of child support if you are married
According to Article 81 of the Family Code, monthly alimony is collected in the following amounts from the total income of the obligated person:
- 25% for an only child;
- 1/3 for two children;
- ½ for three or more children.
There are a number of exceptions to the above general rule:
- alimony in a fixed amount of money is established if the parent does not have a regular income;
- if there is an agreement between the parties on alimony.
The court makes a decision in each specific case after studying the financial and marital status of the parties. The presence of dependents, other children, other material circumstances are taken into account.
When paying alimony, a situation may arise when deductions from earnings amount to more than 50% permitted by the Labor Code. However, child support is an exception to this rule, and such deductions are perfectly legal.
Alimony for a wife, spouse, which can be obtained without a divorce
The right to receive alimony, including while being married, and except for the case of being pregnant and until the common child reaches three years old, can be exercised if necessary:
- spouse caring for a disabled child (up to 18 years of age) or a disabled child of group 1 (regardless of age);
- disabled wife (needy).
The court considers each specific case individually, and appoints alimony if the person liable to alimony has the opportunity to pay them. Indeed, if the spouse's earnings are less than the subsistence level or the spouse's financial situation is much better than that of the husband, no payments will be assigned.
In the case of establishing alimony, their amount is determined by the court in a fixed amount.
If there is an agreement certified by a notary, the amount of payments can be determined in another way.
How to write an application, where to apply
Where to apply
In the absence of an agreement on alimony, an application for alimony for two people who are married is submitted to the justice of the peace. The choice of the place of consideration of the claim for alimony while being married is determined by the plaintiff (the one who applies for alimony), either at the place of his registration, or at the place of registration of the defendant.
How to write an application
The application is written by the plaintiff personally, or by a representative by proxy. The application must indicate the name of a particular court, the data of the plaintiff and the defendant, the basis for the emergence of the right to alimony, and other information that may affect the decision of the case.
The application is written in two copies, one of which is handed over to the office of the court or sent by registered mail with acknowledgment of receipt by the court. A copy of the application must also be sent to the defendant (if this is not a writ proceeding).
As a rule, up-to-date application forms are placed on the information stands in the premises of the courts.
There you can also find out the details for which you need to pay a state duty for considering a claim (150 rubles). You can also seek the help of a family law professional. A qualified lawyer will not only correctly fill out an application to the court, but will also help to collect the documents necessary for the consideration of the case:
- marriage certificate (if registered);
- birth certificates of children;
- certificate of residence (registration).
Depending on the circumstances, certificates of income of the needy spouse, pregnancy, disability and other documents may also be submitted to the court. During the consideration of the case, the judge may request any of the additional documents.
Step by step procedure
The step-by-step procedure for collecting alimony without a divorce consists of the following steps:
- collection of necessary documents (see above);
- writing and submitting an application to the court (see the form below);
- acceptance by the court of the application for proceedings on the case;
- consideration of a claim or issuance of a court order;
- making a decision on the case;
- issuance of a writ of execution to the plaintiff.
The court order is issued without the participation of the parties, and enters into force immediately, and the decision on the claim - after the deadline for its appeal. Based on the results of the decision, a writ of execution is issued, which must be transferred to the bailiff service for execution (collection of alimony).
How long will the procedure take
Writ proceedings in cases of establishing alimony can take about three weeks, and claims - up to two months. It should be noted that if the defendant disagrees with the court decision, it is quite easy to cancel the order, but it is more difficult to challenge the court decision made in the course of action proceedings.
Some people do not know that alimony in a marriage without a divorce can also be collected. This procedure has nothing to do with divorce.
The law primarily protects the child. Including, from the dishonest behavior of his own parents. Therefore, maintenance recovery is allowed without termination of family relations.
How do I get child support while married?
Alimony obligations may arise from parents who refuse to help the 2nd spouse in the maintenance of their child under the age of 18. A mother or father who is directly involved in raising a child can receive alimony in a legal marriage. If the 2nd spouse, for some subjective reasons, does not take part in the maintenance of the child.
Important! For the recovery of alimony, the actual family relationship between the spouses does not matter. Parents can live together or separately. This is allowed by law. Cohabitation or separation does not affect parental obligations to the child.
Grounds for collection
A claim for the payment of child support can be made by one of the spouses in a marriage without divorce, even if it is not a child of their own. The rules on maintenance obligations apply to both blood relatives and legally adopted children. The adoptive parent is obliged to support them until the adoption is officially cancelled.
Download for viewing and printing:
The main condition in such a situation is joint adoption or social recognition by one of the spouses of the child of the 2nd spouse.
Collection procedure
The document stipulates the main points, including liability arising for breach of obligations. If the parent nevertheless decides to ignore the agreement, then you can always present it at the spouse’s place of work or at the FSSP for enforcement.
Such a document is equivalent to a writ of execution.
Attention! The main advantage of such an agreement is that the law does not restrict its parties to determine the volume and frequency of payments as they please. The exception is the lower limit. It cannot be less than the volume fixed in the RF IC.
Secondly, you can apply to the magistrate of your court district for the issuance of a writ. To do this, you must submit an application in the prescribed form and attach some documents to it. Among which:
- a copy of certificates confirming the fact of the birth of a child from the 2nd spouse and the fact of being legally married,
- address certificate of the place of residence of the 2nd spouse or a copy of the passport with a registration mark,
- a copy of the applicant's passport,
- a certificate from the spouse's work about his salary (or at least about the fact of working at the enterprise at the time of application).
Thirdly, if the issuance of a court order is impossible or the 2nd spouse objects to an indisputable recovery, the option of litigation remains.
Here you will need to file a statement of claim with the same magistrate with the same documents attached. The difference lies in the fact that if for some reason you cannot obtain documents (their copies, originals) on your own, then you have the right to petition the court to demand such documents from the defendant or third parties. This is not allowed in order production.
In 2019, as before, the state duty on such cases is not collected.
Amount of maintenance payments
The general amount of the penalty is established by law - the RF IC. In 2019, there were no changes in this regard. Monthly alimony payments without a divorce correspond to similar payments after a divorce and are equal to:
- 1/4 of earnings for 1 child,
- 1/3 - for 2 children,
- 1/2 - for 3, 4, etc.
They can be collected in a share or percentage ratio from all types of official income of the payer. The amount of penalties established by law may be changed by the court up or down. This can happen during the analysis of the evidence presented by the parties, confirming the real well-being and position of the parties.
Important! If it is established that the potential payer is temporarily unemployed or has a non-permanent income, the court has the right to collect maintenance payments from him in a fixed form.
How to get child support payments
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to know how to solve your particular problem, please use the online consultant form on the right or call the free hotline:8 800 350-13-94 - For Russian regions
8 499 938-42-45 - Moscow and Moscow region.
8 812 425-64-57 - St. Petersburg and Leningrad region.
If you have on hand any document confirming your right to receive maintenance payments, then you can present it for enforcement. Such documentation includes:
- notarial agreement on alimony payment,
- an enforceable judgment with a writ of execution,
- not canceled judgment.
Any of these documents has the force of a writ of execution, so it can be presented independently at the payer's place of work. Or transfer to the FSSP to initiate enforcement proceedings. In all cases, it is necessary to provide the recipient's bank account number, where the maintenance deductions should be transferred.
Attention! A court order and a notarial agreement on alimony payments do not require additional receipt of a writ of execution. These acts are equated by law with a writ of execution. Important! A writ of execution may be presented for enforcement within 3 years from the date of its issuance.
What other payments are due during the marriage
In addition to the above grounds, the following also have the right to alimony in marriage:
- needy disabled spouse;
- pregnant wife,
- spouse within 3 years after the birth of a joint child;
- a needy spouse caring for a joint disabled child until they reach the age of 18;
- a needy spouse caring for a joint disabled child of the 1st group.
What to do if child support is not paid
If, despite the presence of enforcement proceedings, the payer does not pay the timely monthly fee in favor of the recipient, then he accumulates a debt. After a certain time (but not more than 3 years, so that the statute of limitations does not expire), the recipient has the right to contact the FSSP to calculate the debt. It is compiled in writing.
With the received document, you can again apply to the court to recover the resulting debt on alimony and the corresponding penalty.
Video on how to collect alimony in a marriage without a divorce.
Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write a question in the form below: