Surely there is not a single man who does not know that during a divorce, if the child stays with his ex-wife, he will be obliged to pay child support until he comes of age. But the fact that in some cases he will have to pay child support for his wife, not everyone knows.
So, in what cases is a man obliged to pay child support for his wife?
Firstly, if at the time of divorce a woman is on maternity leave, as well as on leave to care for a child under 3 years old. It is no secret that maternity benefits are paid to a woman per child only up to one and a half years. At the same time, not everyone has the opportunity to send the baby to kindergarten after this period. Therefore, in a divorce, the ex-spouse can file an application for the appointment of alimony for her maintenance and the maintenance of the child. If they wish, they can conclude a voluntary agreement with their husband, which will regulate the amount of payments.
Otherwise, the amount of alimony will be determined by the court. At the same time, the court takes into account many factors - the marital status of former spouses, the availability of additional sources of income, age, state of health, etc. The main thing is that by paying child support for a wife, a man should not become needy himself. In other words, the court can only appoint payments if the income of the ex-husband allows it. Calculation, as a rule, is carried out from the cost of living established in the region.
It is worth noting that the above calculations are relevant only for official marriage concluded in the state registry office. In the case of a religious, civil or any other type of marriage not recognized by the state, it will be impossible to recover alimony.
Secondly, if the spouse during the marriage or within a year after his dissolution was found to be disabled (for example, received an inoperative disability group) and was recognized as needy.
However, under certain circumstances, the court may refuse to pay child support. For example, if the disability occurred as a result of the abuse of alcohol or drugs, or was obtained in the commission of a deliberate crime. Also, the husband is not obliged to pay alimony to his wife in case of misconduct of the latter, or in the case of a short marriage.
If a marriage has been declared invalid in a judicial proceeding, the spouse also cannot claim alimony for its maintenance. True, if she was recognized as a bona fide spouse, and the conclusion of an invalid marriage violated her rights - the court can go forward and make payments.
Thirdly, the court can appoint alimony for the maintenance of the wife (including the ex) if she takes care of a minor child with a disability or a common child who is assigned the first group of disabilities from birth. In this case, the spouse must be recognized as needy.
A person who does not work, does not have regular earnings, does not receive a pension and other sources of income, or who have, but the income received does not provide a living wage, can recognize the needy .
In addition, the court may order child support for a wife who has reached retirement age with which her husband has been legally married for a long time, and then divorced. At the same time, the needy ex-spouse must submit an application no later than 5 years after the dissolution of the marriage.
In some cases, it is possible to recover alimony for the maintenance of the spouse if she was found to need help and her income exceeds the minimum subsistence level - for example, in the case of a protracted illness, when expensive treatment is required.
These provisions apply to both married spouses and spouses after divorce who have lived together for a long time.