There are frequent cases when the husband does not care about children at all, spends the entire salary on his own needs, and does not render his wife any financial assistance. Often this leads to a divorce, and the wife sues child support.
However, it is not necessary to wait for the divorce to take care of your children, you can and even need to go to court immediately. The consideration of the claim for alimony is an independent legal process that does not depend on the dissolution of the marriage, although most often they are combined in time.
For what reason is it desirable to file for alimony without a divorce, that is, in advance? Divorce may take a long time. It is possible that the husband will in every way drag her in and try to change the situation in his favor. During this time, he can take care to reduce his official income.
Where do I need to apply to receive child support without a divorce?
Most often they go to court, but you can solve the problem without it. Spouses only need to contact a notary and conclude an agreement. The amount of alimony will be determined individually, that is, by agreement.
How to apply for child support without a divorce?
To do this, you need to go to court with a lawsuit. It is considered by the justice of the peace at the place of residence of either the plaintiff or the defendant. If the defendant does not appear at the court session without good reason, the review may be carried out without his participation.
To receive alimony without a divorce, the court will need to provide the following documents:
1. 2 copies of the statement of claim;
2. extract from the house book, which should indicate where the common child lives;
3. marriage certificate;
4. birth certificate of the child.
To receive alimony without a divorce, other documents may be required depending on various circumstances.
The standard amount of alimony is 25% of official earnings for 1 child and 30% for 2 children. The judge decides on the amount of alimony, taking into account the material well-being of both parties, the presence of children from another marriage, dependent relatives, and other circumstances. It can both reduce and increase the size of payments. Alimony, in addition, can be assigned in hard cash.
It is also advisable to provide detailed information about what income the spouse has so that the court has a complete picture of his earnings.
In addition to the fact that you can apply for child support without a divorce for the maintenance of the child, you can also get them for yourself if you are pregnant, disabled, bring up a minor child who is disabled, or a child regardless of age - a disabled person of group 1.
In order to correctly draw up a statement of claim for the recovery of alimony from your spouse, you can contact a lawyer in a legal consultation. In addition, he will be able to represent your interests in court, help to achieve the maximum amount of payments. In case there is no money to appeal to a lawyer, you can use the online legal advice service. Thanks to this modern method, you can get the information you need, you will know your rights and obligations, you will be able to independently draw up the necessary documents.
The payment of alimony payments is controlled by a bailiff. If necessary, you can contact him and clarify the amount of debt of the spouse.
If, after a court decision, the spouse evades payment of funds for the maintenance of his child, he may be prosecuted. For this reason, he will be interested in working and, thus, it will help provide for the family even if you do not want to get a divorce.