Due to the large number of divorces in the country, the topic of child support payments is currently relevant. But this need often arises even without a divorce. How to file for alimony in marriage? The procedure is characterized by passing through several stages. A sample application for child support in marriage and other nuances are presented in the article.
Norms of law
Filing an alimony in a marriage is legal. According to the norms of the RF IC, the absence of termination of the union between the spouses is not considered an obstacle to the recovery of money for children. Alimony can be recovered after a divorce, being married and even without it.
According to Art. 80 of the IC of the Russian Federation, parents should equally provide for their child. If one of them fails to fully fulfill this obligation, the second may require the collection of alimony for the maintenance of the minor.
It doesn’t matter if the payer has an official income. If the parent is not employed, then child support is still charged, but not in percentage, but in a solid amount. If the parties cannot agree on this issue, then writing an application for child support in marriage becomes relevant. The sample and design details are presented below.
Innings
How to file for alimony in marriage? The procedure without divorce is not different from the usual. Payment of cash may be carried out by one of the methods:
- Peacefully. In this case, the second spouse agrees to the amount and signs the agreement with a notary.
- In a court. This method is common because it is used without the consent of the payer.
In the second case, it is required to appeal to the justice of the peace. A sample application for child support in marriage will allow you to correctly compose the document yourself. When the case is reviewed and a positive decision is made, the documents are transferred to the bailiffs to recover funds.
Where to go?
If the spouses were able to agree, it is better to visit a notary and draw up an agreement. Otherwise, you will need to appeal to the magistrate court at the place of residence of the defendant.
In some cases, it is allowed to apply to the court of residence. This usually occurs when there is a good reason, for example, with limited physical capabilities of the plaintiff. The model of a claim for alimony in marriage will be the same in any case.
Agreement
If the parents have peacefully agreed, an agreement on alimony must be drawn up. This document records:
- frequency of receipt of funds;
- the amount that is available for each payment, and other nuances.
For this paper to have legal force, independently compiling it in a free form and endorsing with two signatures is not enough. Parents should contact a notary public so that a specialist can help you make an agreement and certify it.
Parents have the right to draw up a document:
- not having a marriage;
- registered relationship.
In the second case, the paper adds discipline to the parent, who previously evaded legal duties. It is likely that after some time the agreement will be just a formality.
Application Form
How to write a statement for child support in marriage? The lawsuit is based on the rules of Art. 131 Code of Civil Procedure of the Russian Federation. It indicates all principles that are forbidden to be neglected. At registration, you can use the sample application for child support in marriage. He is in the court registry. A claim for alimony in a marriage includes:
- The name of the court.
- Information about the plaintiff and the defendant: F.I.O., registration, passport details.
- The name of the claim.
- The main part includes the essence of the case with the indication of the date of registration of marriage, the number of the act of civil registration, information about the minor and other data.
- Request to the judges.
- Designation of regulatory legal acts, the action of which establishes a solution to the issue.
- Signature and date of compilation.
- Listing of documents attached to the claim.
A sample application form for child support in marriage is provided in the article. If the document is drawn up correctly, then it is accepted immediately. Otherwise, you need to write the application again.
The main part includes all the information briefly, concisely and to the point. It is necessary to cite facts that confirm the validity of the requirements for accruing alimony and the availability of income for the defendant, even if it is not official. A correctly written application for child support in marriage to a child is filed with the Registrar in court.
Documentation
How to apply for child support in marriage? This requires the presence of:
- passport of the plaintiff;
- birth certificates of the child;
- information about the availability of income from the defendant;
- marriage certificates;
- certificates of family composition;
- other relevant documents.
If the plaintiff does not have the opportunity to obtain some documents, for example, about the earnings of the defendant, he can ask the court for assistance in this matter. This is allowed in judicial practice.
State duty
If the disputes are of a non-property nature, then when applying to the court, the plaintiff pays a state fee in the amount of about 300 rubles. But a civilian acts on behalf of the minor and in his interests. This provides an exemption from this payment, as confirmed by Art. 333.36 of the Tax Code.
How long is the case?
Under paragraph 2 of Art. 154 Code of Civil Procedure of the Russian Federation, child support disputes are considered up to 1 month from the date of submission of the application. This is the maximum, but usually things are resolved faster. When a decision is made, it takes effect a maximum of a month later. This deadline should be expected, since it is allocated to appeal the decision.
Payment Methods
Money can be provided to the recipient in various ways:
- In cash. In this case, at each transfer of money, you need to take a receipt on receipt in order to eliminate problems, and also prove the fact of fulfillment of obligations in a dispute in court.
- To a bank account, card. Then no additional actions are needed, because a statement will be a confirmation of the fulfillment of obligations.
Any methods of interaction convenient for the parties are permitted. But they should be careful and provide for the registration of the fact of the transfer of money.
Amounts
The amount of funds transferred is established by Art. 81 SK RF:
- 1/4 part for 1 child;
- 1/3 - by 2;
- 1/2 - for 3 or more children.
If the defendant does not have officially confirmed income, then payments shall be exacted in a fixed amount. The size is determined by the court individually. This takes into account the requirements of the plaintiff, as well as the financial situation of the defendant and the average salary when making a decision.
Maintenance of a pregnant wife and mother of a child under 3 years old
Spouses should financially support each other. This is especially true for several cases:
- The wife is in position or in the family a child grows up to 3 years.
- One of the spouses is disabled.
- Need due to care for a disabled child under 18 years of age.
To file an application for alimony to the wife during pregnancy or during the period of caring for a child under 3 years old, it is not necessary to file a divorce. For this, a lawsuit is filed with the court indicating all the necessary information.
Interested parties act as follows:
- Collect and prepare documents.
- They file a lawsuit and documentation in court.
- They pay state duty, provide a receipt.
- If the application is accepted, you need to participate in the meeting.
- A court decision should be obtained and submitted to the bailiffs.
Among the documents should be papers confirming the existence of grounds and need. When pregnant, a wife needs a medical certificate about this fact. If a common child is brought up to 3 years, a birth certificate is required.
If the court makes a decision that satisfies the claim, then the person concerned must turn to the bailiffs. According to the court decision, they begin enforcement proceedings, therefore the collection is enforced. The application for the collection of alimony for oneself and the child is allowed to be submitted at a time.
Renouncement
Failure to establish a second parent's obligation to pay child support is a rare occurrence. The interests of the child are always above all. This is the reason for the absence of failures.
Requirements for receiving alimony for a spouse are not satisfied when:
- disability, which is acquired by a person, for example, from alcohol addiction or drug use;
- marriage less than a year;
- loose-minded lifestyle of the recipient, as well as waste of money.
To refuse, the defendant is required to prove the existence of specific grounds.
If the husband does not work
One parent may require alimony from another, even if he does not have formal employment. You just need to know what documents are required in this case.
If unemployment is not taken into account, it is worth noting that many have earnings without official registration. According to Art. 83 SK RF, the amount of payments for unstable income appointed by the court. Difficulties with earning can consist in:
- inconstancy;
- frequent job changes;
- stay in places of deprivation of liberty;
- receiving earnings in the currency of another country;
- lack of income permanently or temporarily.
An application to the court is necessary when an agreement is not signed between the parties. An alimony percentage is assigned by the court to ensure an acceptable standard of living for children. The application must include a requirement for the unemployed parent to make payments in a fixed amount. Transfer will be made after a court order is issued.
Can father file alimony?
Both spouses do not have a privileged position. They have the same responsibility for the common child. If the mother does not care about him, then the man can file for alimony. But these situations are rare. If the lawsuit is filed by the spouse, then the list of documents does not differ.
How not to pay your spouse?
At the time of assignment of payments to the spouse, the calculation is made in a solid amount. In order to prevent this obligation, one of the indicated grounds must be proved. But if no method is suitable, you can reduce the amount of payments.
Reducing the size of payments is provided when:
- the presence of dependents;
- disability;
- the presence of children from other women;
- systematic lack of income;
- the presence of additional costs for the treatment of serious chronic ailments.
It is also possible to resolve the issue of payment in a peaceful manner. It turns out that child support can be received on the child or on yourself. For this, a peaceful or judicial method of resolving the issue is used. To confirm their position, it is necessary to provide documents, testimonies of witnesses.