If the husband and wife, in the presence of children, get divorced, and the spouse who has remained with the children goes to court with a lawsuit to recover alimony from the other person, he must, according to the norms of the law, pay them in the prescribed amount. Also, Russian legal acts provide for the possibility of assigning alimony to the mother of a child under 3 years old.
Conditions for collecting child support
Alimony paid for a child before he reaches the age of three significantly differs from other payments of a similar type. During this period of time, the child needs constant care, which is almost always carried out by the mother. Rarely there are cases when a father is solely engaged in raising children.
Due to the fact that all the work of caring for a child falls on the shoulders of one parent, he is not able to engage in labor activities at his workplace in order to earn money on his own. In addition, in most Russian kindergartens, places are not provided until the child is three years old.
Therefore, a parent with children needs financial support. If she is not a spouse (or second parent) on a voluntary basis, he is forced to this by the authorities through a court.
The conditions for collecting child support for children under three years of age and parents raising them are almost identical to the conditions for assigning mandatory payments for the maintenance of older children.
If the spouse (parent of the child) does not live with him permanently, does not participate in his upbringing, does not spend money on the maintenance of the baby, he must pay monthly alimony payments.
They may be transferred on the basis of a mutual agreement drawn up by the two parties, or may be forcibly appointed by a court decision on an executive document.
The alimony must monthly transfer funds for the maintenance of his children in the form of fixed payments or in the form of a share of the total income received by him from various sources.
Conditions for collecting child support for a mother
According to the 89th article of the Family Code, spouses are required to provide each other with material support. If one of the spouses does not fulfill this obligation (for example, the father does not pay money for the maintenance of the disabled wife and children), although he has the opportunity to do so, the second spouse has the right to collect money by force through the court.
In order to recover child support for the mother of a child under 3 years old, the applicant must meet at least one of the three requirements:
- to be recognized as incapable of work;
- raise a child under the age of three;
- to be pregnant;
- to look after a disabled child of the first group for life or a disabled person of the second (third) group until he comes of age.
The main condition for the appointment of alimony for the ex-husband (wife) is to be legally (officially) married, not cohabiting.
Features of accrual of alimony
The main features of the accrual of alimony for the mother of a child under 3 years of age - payments are made only while she provides sole care for the children. If she remarries, the accrual of funds ceases. It also stops if the child is three years old and the woman leaves the parental leave to work.
In this case, payments may cease only on the basis of a court decision. Only after its entry into force does the obligation to maintain the ex-wife of a man cease.
Monthly mandatory payments are charged regardless of whether the child was born or adopted. In addition, the payment of alimony may be required not only by the parent, but also by another person who actually brings up and supports a minor (for example, grandmother).
Subject to all these conditions, if the mother (or another person) provides full financial support to the minor citizen, while having an officially established status in need of financial assistance, she has the right to demand child support not only for children, but also for herself.
Currently, the allowance received by mothers on maternity care is inadequate. Most often, even paying child support is not enough to provide the child with normal nutrition, to get good clothes, shoes and necessary items for life.
Also, there are frequent cases when alimony underestimates the real size of their wages or hides income so as not to pay money for the maintenance of children. Therefore, every year the fight against negligent parents and those who shy away from monthly mandatory payments for children is becoming more and more tightened.
Child support recovery options
Alimony for the mother of a child under 3 years of age and for the minor himself can be recovered in a voluntary form, by drawing up an agreement in which the amount and periods of making mandatory payments are established.
If the parties can’t agree in a good way, the parent raising the child can file a claim for enforcement of the alimony through the court.
In the first version, no documentary evidence of the size of the payer's income or the fact that the other party is in a difficult financial situation is required. If the case is to be considered in court, the applicant will have to confirm that he really needs additional financial support. The defendant, in turn, will have to prove the amount of his real earnings. All facts stated by the parties will be verified by the court, on the basis of which an appropriate decision will be made.
According to the provisions of Article 90 of the Russian Family Code, every mother who cares for minor children under three years old has the right to demand child support to support herself and her children. Moreover, she must have a difficult financial situation.
It should be remembered that separation does not give the mother the right to prosecute the father for the lack of funds for her maintenance. This dispute must be resolved in court. In this case, for refusing to provide financial assistance to a negligent parent, property for debts on maintenance payments may be described.
Child support amount
According to family law, child support payments for babies up to three years old are calculated in the same way as for older children. The amount payable can be determined by the parties on a voluntary basis by drawing up an agreement. Another option is to establish the amount of penalties in court.
The court the specified amount may be expressed in a solid amount of money, and may be determined depending on the income of the payer in the following limits:
- up to twenty five percent - the content of one child;
- up to thirty-three percent - two children;
- up to fifty percent - three or more children.
When determining the amount for recovery from the payer, the court shall examine without fail the financial position of the defendant and the plaintiff. In addition, documents are examined that confirm the costs of maintaining the children that the plaintiff represents.
The amount of child support for the mother of the child
The plaintiff who is raising a minor child has the right to determine how much child support he wishes to receive before the child reaches the age of three. At the same time, the applicant should know that according to the norms of the law, the amount of support per parent cannot exceed half of what the alimony transfers to the child.
You can give the following example of calculating the amount of alimony of the mother of a child up to 3 years. If, by a court decision, the defendant has been imposed a monthly penalty of ten thousand in the amount of the child’s maintenance, the plaintiff has the right to demand child support in an amount not exceeding five thousand rubles.
In connection with this rule, the calculation of funds for the mother of the child is carried out in hard terms.
Child support options
Alimony for minor children can be issued in several ways:
- By drawing up notarized agreements between spouses on the payment of funds.
- By applying through a justice of the peace.
- By drawing up and referral to the district court.
A prerequisite that is presented to the agreement on the payment of alimony between the parents of the child is a notary certification. If this condition has not been met by the parties, the document may be invalidated.
An application for the payment of alimony to the mother of the child (sample below) may be filed with the court.
If, in addition to applying for mandatory monthly payments, the document contains other requirements, it must be sent to a higher court.
List of required documents
In order for the court to satisfy the application for the recovery of alimony for the mother of the child, the applicant must submit to the court along with the petition the following list of documents:
- a copy of the plaintiff’s passport;
- a document on the birth of the child (if alimony is issued for both the mother and the baby);
- a certificate from the gynecologist about the gestational age (if the woman is in position);
- marriage certificate (if the divorce has not yet taken place);
- a divorce document (if the marriage is dissolved);
- certificate of the number of family members of the applicant;
- a document confirming the amount of the applicant’s income (or lack thereof), this can include a certificate from the plaintiff’s place of employment (on parental leave and income level), a certificate from the social welfare department about the amount of the monthly allowance, etc.
If the parties decide to conclude a notarial agreement on the payment of alimony, these documents are transferred to the notary for verification. If the case is considered in court, the papers together with the application for alimony for the mother of the child are given to the judge.
The procedure for applying to the justice of the peace
An application for the payment of alimony to the mother of a child up to 3 years old is filed through the court if the applicant knows for sure the place of residence and place of employment of the debtor. In this case, the justice of the peace is issued a court order.
This document is a paper equivalent to a writ of execution. Having received it in his hands, the applicant has the right to immediately contact the bailiff department to take executive actions against the alimony.
Bailiffs must inform all available information regarding the place of work and the place of residence of the debtor in order to carry out work to recover funds in a forced manner.
Procedure for submitting an application to the judicial authority
If the plaintiff does not know about the place of residence of the debtor or his place of work, or the defendant hides his income, the application for the collection of alimony for the maintenance of the mother of the child will need to be submitted to the district or city court.
After the judge examined all the evidence and interviewed all the participants in the process, he renders his verdict in the form of a decision. Also, on the basis of the decision made, a writ of execution is made, which is then sent to the bailiff department to enforce enforcement.
Denial of alimony
In some cases, the court may refuse to grant alimony to support the mother of a child under 3 years old. Such cases include the following situations:
- spouses have been married for less than one year;
- the wife behaved unworthily in the marriage, because of which the husband divorced;
- spouse hid the true amount of income;
- the wife’s incapacity for work was due to her fault (due to the commission of a crime, personal injury while intoxicated, and so on).
If one of the indicated facts is stated by the defendant and is confirmed during the consideration of the case, the court will refuse to recover alimony obligations in relation to the wife.
The child's father is obliged to support his children and to pay child support for the child and mother up to 3 years. The size of monthly payments can only be changed for very good reason.