Alimony for a pregnant wife: how it is paid, amount, registration procedure, responsibility for non-payment and nuances

Home/Alimony registration/Pregnant wife

The pregnancy of a wife is always a sacrament in which the life of a new person is born. It is difficult to understand a man who refuses to support his wife in this state. However, if the expectant father does not want to provide for his wife during pregnancy, the law provides for the possibility of recovering money from the husband through the court. The article discusses the question of how to receive alimony for a pregnant wife.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

Can I apply for child support during pregnancy?

If the husband does not provide for his wife while bearing a child, according to Art. 89 of the Family Code of the Russian Federation, a pregnant wife has the right to file for alimony in order to be confident in the health of her unborn baby. The question concerns the allocation of funds to satisfy basic life needs: purchasing food, paying for medical services, and incurring other current expenses. If a woman files a claim, the court will check all the facts before making a decision on whether to collect alimony from the husband for the pregnant wife or to refuse it.

In order for a pregnant wife to count on receiving alimony from her husband through the court, in accordance with Chapter 14 of the RF IC, certain conditions must be met, namely:

Family relationships between husband and wife must be formalized.
The spouse's pregnancy must be confirmed by an appropriate medical certificate.
The husband must have the means to provide for his wife.

For your information
, it is believed that during a marriage, a wife can only be pregnant by her husband. Otherwise, the traditional values of society would be jeopardized. But if there was a woman’s infidelity, then conception could occur from another man. During the wife's pregnancy, this fact cannot be proven. Before the birth of the child, the husband will in any case have to pay alimony to his pregnant wife (RF IC Article 48, Article 90).

After the wife is discharged from the maternity hospital, the husband will have the opportunity to challenge paternity through a judicial authority. For this purpose, the results of the DNA examination are taken into account. If the lack of biological relationship is confirmed, the man has the right to remove his name from the child’s birth certificate. On this basis, the husband can demand compensation from the wife for losses, that is, those funds that were paid as alimony to the pregnant wife.

Grounds for refusing a claim for alimony

Despite the fact that maintaining a pregnant wife is the direct responsibility of her husband, if certain conditions are met, the court may refuse to collect alimony. Such grounds include:

spouses have been in an official marital relationship for a short period of time, for example, less than a month from the date of marriage registration;
a pregnant wife behaves in an unworthy manner, abuses alcohol, wastes money on gambling;
the woman cannot prove the fact of need and she has other sources of income that exclude the need for financial assistance.

It is important to consider the rights of your spouse. During the trial, a man also has the right to present evidence in defense of his point of view. And if the arguments collected by the spouse are more powerful, the court will most likely refuse to satisfy the claim. Otherwise, the court will side with the plaintiff and make an appropriate decision.

Normative base

The main law on the basis of which alimony is collected by a pregnant wife is the Family Code, namely Article 89 of the RF IC. In accordance with the article, husband and wife must jointly decide on the maintenance of each other. If they were unable to reach an agreement on their own, alimony during the spouse’s pregnancy may be collected through a judicial authority. Then, in addition to the RF IC, the provisions of the following regulations will apply:

Code of Civil Procedure of the Russian Federation (Section VII), on the basis of which a statement of claim is drawn up, a trial is conducted and a writ of execution is issued.
Federal Law No. 229, according to which payments to a pregnant wife are withheld from the spouse’s income.
RF IC (Article 102, 103), when collecting funds in case of failure to comply with the provisions of the relevant agreement certified by a notary.

If desired, the husband and wife can resolve the issue of alimony even before the spouse becomes pregnant. This is done as part of the marriage contract. Then it is the provisions of this document that are referred to when it comes to alimony for a pregnant wife.

IMPORTANT

To pay alimony to a pregnant wife, the husband must have free money. This is stated in Article 90 of the RF IC. Therefore, even before filing a statement of claim, the spouse must understand that the man will provide evidence that he does not have sufficient funds to support his wife.

Trial

If the submitted documents were drawn up correctly and in accordance with the law, the judge will accept them and assign the case for consideration. Both parties must appear at the court hearing and present their arguments orally. If one of the parties is unable to appear, she has the right to send her representative to the court, or submit a petition to the court to consider the case in her absence.

The failure of one of the parties to appear at the hearing without a good reason is not grounds for canceling or postponing the consideration of the case, provided that it was duly notified of the time and place of the court hearing.

How is alimony paid to a pregnant wife during marriage?

In a marriage, spouses are subject to mutual obligations, which imply equal rights in matters of the family budget and helping each other, for example, in case of illness. This is stated in Article 89 of the RF IC. The wife's pregnancy is considered a state of incapacity and is legally equivalent to the presence of a disease. This is confirmed by the issuance of a medical certificate and the corresponding sheet.

Alimony for a pregnant wife is paid on the basis of an agreement or a court decision: from the 1st day after confirmation of the fact of pregnancy or from any day of bearing a child if the spouse refuses to support the expectant mother after registering her with an antenatal clinic (Art., RF IC).

IMPORTANT

Regardless of whether the wife is employed or on maternity leave, the court obliges the husband to pay alimony to his wife during pregnancy. True, if a woman has her own funds, the financial support paid by the future father of the child will most likely be set in a very small amount (Article 91 of the RF IC).

According to Art. 89 of the RF IC, after the birth of the baby and until he reaches the age of three, the wife can also continue to demand the recovery of alimony for herself. Moreover, it does not matter whether the mother went to work or is caring for the baby while on appropriate leave.

How is alimony paid during a spouse's pregnancy after a divorce?

Married couples are divorced by mutual consent through the registry office if they do not have children, or through the court in other cases. After the divorce of the former spouses, their mutual obligations also end. But with regard to alimony payments, there are a number of exceptions that are provided for in Article 90 of the Family Code, in particular we are talking about financial support for a pregnant wife, namely:

A woman has the right to receive alimony from her ex-husband if pregnancy occurs during marriage.
She can demand appropriate payments after the divorce until the common child turns three years old.

IMPORTANT
Payments of alimony to a pregnant wife from her ex-husband continue even after the divorce. Spouses can enter into an agreement. Then alimony during pregnancy of the spouse will be transferred in accordance with the agreement. If there is no agreement, you have to go to court. A pregnant wife can receive payments from her husband while bearing and caring for a child. However, these are two different reasons for which you will have to go to court. It is better to foresee this in advance at the stage of the divorce process.

Paternity is determined by the timing of pregnancy. The standard period is nine months. Therefore, if at least 1 day during pregnancy falls during the period of divorce, then in terms of collecting alimony for the pregnant wife, the court in the vast majority of cases will make a decision in favor of the ex-wife. If the man proves that he is not the biological father of the child, then it will subsequently be possible to recover the funds previously paid.

In accordance with Article 90 of the RF IC, the right to recover from a husband alimony for a pregnant wife through the court remains with a woman even after a divorce. In order to receive payments from her ex-spouse, a woman must provide the judicial authority with a certificate confirming pregnancy or a certificate of incapacity for work. Financial obligations are collected in a fixed amount of money. When determining the amount of payments to a pregnant wife, the financial and family situation of the former spouses is taken into account. This is stated in Article 91 of the RF IC.

Amount of alimony

The spouses can stipulate the amount of financial support in the alimony agreement. In case of disagreement, the final verdict will be made by the court.

In the statement of claim, the wife indicates what income she receives monthly, which must be documented. Expenses with transfer and amount are also reflected here: for medicines, utility bills, travel, food, clothing.

The plaintiff independently calculates the difference between the income and expenditure parts of her budget. After referring to the subsistence minimum, she indicates the required amount of financial assistance in proportion: ½ of the regional minimum, ¼, 2...

Alimony can be up to a thousand rubles, several thousand. The court determines the amount of payments after studying the circumstances of the case. According to the law, there is no minimum or maximum limit on the amount of money a wife can receive from her husband.

How is alimony paid to a pregnant wife in a civil marriage?

If family relationships are not registered in the registry office, a woman cannot count on receiving pregnancy alimony for her maintenance. Such payments cannot be recovered even if she manages to prove that the child was conceived from a specific man. The provisions of the Family Code on mutual obligations, including alimony for pregnant wives, apply only to registered marriages (Part 1 of Article 89 of the RF IC).

Thus, a woman will not be able to collect money from a man for her maintenance while carrying a child. But receiving child support for a newborn baby can be achieved in any case.

Circumstances that must not be forgotten

It is always better to resolve any issues peacefully, without bringing the matter to court. Moreover, such an opportunity is provided by the legislator by drawing up an agreement on alimony, certified by a notary.

If there is no such document, and it is not possible to voluntarily obtain help from the current or former spouse, then the issue requires a decision in court.

Important points:

If possible, contact a competent lawyer to draw up a statement of claim, who will take into account all the nuances of the case as much as possible and minimize the risk of refusal to satisfy the claims.
Try as much as possible to prepare documents describing your financial status and monthly expenses - checks, receipts, medical reports.

The Family Code regulates legal relations between spouses in an officially registered marriage. Moreover, after childbirth, alimony is paid to the mother of a child up to 3 years old. In the case of civil cohabitation between a man and a woman, there is no obligation for material maintenance, and, therefore, no alimony payments.

Amount of financial obligations to support a spouse

Alimony for a pregnant wife is established only in a specific (fixed) amount. This is directly stated in Article 91 of the RF IC. Alimony payments during pregnancy of the spouse must be transferred by the payer every month. When establishing the amount of obligations, the court is guided by a number of rules, which include the following:

The family and property status of the spouse obligated to pay alimony to the pregnant wife, whether the husband has dependents, and other circumstances must be checked.
The amount may be a multiple of the subsistence minimum (but this norm is not mandatory).
Even if you have a stable income of your own, the court is obliged to collect certain money as alimony for the pregnant wife (although, most likely, the amount will be meager).

Please note
: As a rule, when establishing the amount of alimony during pregnancy of a spouse, the court evaluates the necessary expenses of a woman carrying a child, namely: utility bills, purchase of special clothing, food, medications, and so on. The final amount of the recovery will also be affected by the wife’s own income.

Pregnancy lasts a long time. Therefore, the corresponding payments can be transferred within nine months. If the wife wants to receive alimony until the child reaches the age of three, the wife will need to go to court again on the basis of Part 2 of Article 89 of the RF IC. In both situations, it will not be possible to file an application with a judicial authority.

Spouses can agree to pay alimony during their wife's pregnancy on their own . In this case, the amount of the monetary penalty may be different by agreement of the parties.

How much child support is due to a mother on maternity leave?

Paid maternity leave lasts up to 3 years. Starting from 1.5 years, the amount of payments is significantly reduced. If during this period the parents divorce, the child has the right to alimony. The father is obliged to pay child support in the amount of 25% (for one), 33% (for two), 50% (for three or more) of income.

The Family Code protects the rights of children to receive parental assistance before adulthood or after receiving education. A disabled child is dependent on his parents for life.

Women on maternity leave are limited in their ability to earn additional funds to support themselves and their children. Young children require constant maternal care and often get sick. Financial support from your ex-husband is necessary in such cases.

This right applies to women in marriage and divorce. Spouses may enter into an alimony agreement for this period based on mutual consent. The consent document is filled out in free form, but subject to certain rules. It must indicate complete information about the recipient and payer (full name, place of residence, passport details).

The text of the agreement contains information about the terms, amount, and form of payment of alimony. The document will have the status of a writ of execution when notarized. Child support is paid in a fixed amount until the child reaches 3 years of age.

Court proceedings will be required if a divorced husband evades the maintenance of his ex-wife on maternity leave. The basis is a statement of claim from a woman. In it, she must provide all the information about the state of family relationships, her income, expenses, and the required amount of financial support.

The magistrate, when making a decision, takes into account the interests of the child, his mother and the financial capabilities of the defendant. The absence of officially certified sources of income means the claim is rejected. If you have a stable income, the payment is determined as a share of the subsistence level.

The total amount of deductions, together with child benefits, cannot exceed 70% of income. The amount of alimony for a wife on maternity leave is fixed. The validity period of a court order and writ of execution is maximum 36 months. Collection of payments is carried out through the bailiff service.

Terms of payments for the maintenance of a pregnant wife

Alimony during pregnancy must be paid by the husband on a regular basis, that is, every month. This fact must be indicated in the court decision. The corresponding payments can be made at a different frequency if the husband and wife themselves agree on this and enter into an agreement that is certified by a notary (for example, on a one-time transfer). Instead of money, property can be transferred to a pregnant wife as alimony (Article 104 of the RF IC). For example, a husband may agree to pay alimony obligations to his wife from the sale of an apartment by agreement.

Attention

Regardless of whether the collection of payments during the wife’s pregnancy is carried out by agreement or through the court, funds must be transferred exactly on time. Even with a slight delay, the payer may be subject to penalties. If the spouse is officially employed, alimony for the pregnant wife is collected from the husband in certain percentages, which are established by the bailiff. For example, one part can be transferred from an advance payment, and the other from the basic salary. This practice is often used.

Innings

All documents are provided both in original and in copies to the office of the court. The court considers the application with a package of documents within 5 days.

The case remains under consideration if the application is drawn up in accordance with the rules and the documents do not raise any objections.

The documents may be returned to the plaintiff due to the lack of grounds for a positive decision, that is, the judge will see that the collection of alimony is not possible or the status of the defendant does not meet the requirements of the law. Refunds are also made due to insufficient documents.

The applicant files a claim for alimony payment according to the established form. The claim is drawn up in writing in the plaintiff’s own handwriting, in compliance with the requirements for such statements.

Is it possible to receive alimony payments for the previous period? The answer is presented in the article “Is it possible to receive alimony retroactively?” You can find out about the application to the accounting department for alimony (sample document) here.

Methods for obtaining alimony during pregnancy of a spouse

There are two ways to assign alimony in favor of a pregnant wife: by concluding a voluntary agreement between the spouses, certified by a notary, and by making a court decision. In the first case, the parties independently establish all the conditions for providing and receiving financial assistance and stipulate the amount of payments. In the second option, the decision to pay alimony to a pregnant wife is made by the court on the basis of the information presented, the financial situation of the husband, and the woman carrying his child, as well as taking into account the opinions of both parties.

Execution of the decision

Legal proceedings regarding alimony must be completed within a month from the date of filing the claim. After this, if the decision is positive, they receive a writ of execution, which is transferred to the bailiff service, where enforcement proceedings are opened.

The bailiff service transmits a writ of execution to the place where the defendant receives income, from which the accounting department forcibly withholds the amount of alimony determined by the decision in favor of the plaintiff.

If alimony is not paid, an additional penalty can be collected. The fine is 0.5% for each day of delay (Article 115 of the RF IC).

Registration of alimony for wife by agreement

To formalize an agreement to pay alimony to a pregnant wife, the spouses should visit a notary office. It will be necessary to provide the specialists with identification documents, as well as a certificate confirming marriage or divorce. A certificate confirming the wife’s pregnancy in this case is not mandatory, since this fact can be recorded from the words of citizens. When drawing up a voluntary agreement, the following points are taken into account:

The notary checks the spouses for legal capacity, as well as the absence of any illegal actions against them.
The terms of the document must comply with the law and not violate the fundamental rights and obligations of persons.
You can draw up the document yourself or entrust this issue to clerks.

In accordance with Art. 54 Fundamentals of the legislation of the Russian Federation on notaries approved. RF Armed Forces 02/11/1993 No. 4462-1 and Art. 163 of the Civil Code of the Russian Federation, a notary has the right to check whether the wife’s pregnancy is not a fraud. If it turns out that this is the case, then certification of the agreement may be refused.

IMPORTANT

Information about the notarial act is entered into a special register. Therefore, if there is a corresponding need, it is very easy to check the legality of the document. If the document is concluded, but the paying spouse does not fulfill the terms of the agreement to pay alimony to the pregnant wife, then the spouse has the right to contact the bailiff service, since according to Part 2 of Article 100 of the RF IC, the official document has the force of a writ of execution.

A sample agreement on the payment of alimony is available.

Necessary documents for registration of alimony for a pregnant spouse through the court

The list of necessary documents sent to the court to collect alimony during a wife’s pregnancy includes the following:

Claim in several copies.
Identification.
A document confirming the marital status of the husband and wife.
Certificate of wife's pregnancy or certificate of incapacity for work.
Payment documents confirming expenses for providing for the spouse.
Documents about the financial and marital status of the wife and husband.

Package of documents

The plaintiff's statement alone is not enough to obtain a positive court decision. The claim must be supported by a package of documents:

Certificates of marriage and divorce, birth of children.
Certificate of family composition.
Applicant's passport with a copy.
Bank account details.
Receipt for payment of state duty.
Certificates of income of the applicant and the respondent.
Pensioner's ID.
Confirmation of disability.

In addition, a certificate from the clinic is required stating that the woman is pregnant or unable to work or is disabled.

The court may require additional documents depending on the specific situation.

The procedure for processing alimony payments through a judicial authority

In the absence of mutual agreement between the parties to the marriage to provide for the woman bearing the child, the collection of alimony during the wife's pregnancy is carried out through the court. The spouse needs to draw up a statement of claim and submit it to the district (city) court of the Code of Civil Procedure of the Russian Federation, Article 24. The document must include the following information:

The name of the court where the case will be heard.
Personal information of the plaintiff (wife) and defendant (husband).
Information about the couple's marital status, date of marriage or divorce.
Information confirming the spouse's pregnancy status.
Statement of the dispute indicating the reasons and grounds for which the husband refuses to pay alimony to his pregnant wife.
Claims indicating the amount of payments.
Date and signature of the applicant (wife).

Please note:
In the application for the collection of alimony for the pregnant wife, the amount of the claim is indicated. If the spouse does not know how much money to demand, it is worth studying the judicial practice available in the area of residence. A lawyer can also help in this matter. Experts recommend specifying a larger amount. The court will satisfy claims for payment of alimony during the wife's pregnancy if the husband cannot prove his own insolvency.

Step-by-step algorithm of actions when a pregnant wife files a lawsuit:

The documents are sent to the district court. The spouse does not have to apply at the place of residence of the defendant (husband). Due to the state of health, the case can be considered at the wife’s place of residence. To do this, it is enough to present a certificate from the antenatal clinic confirming the presence of pregnancy.
After a court decision on alimony for a pregnant wife is made, a writ of execution is issued.
The document is sent to the bailiff service, where enforcement proceedings are initiated. You can also hand over the document to your husband’s work yourself.

A sample application for alimony for a pregnant spouse is available.

What other questions arise?

In practice, people have many questions about alimony collection even before submitting an application. There are no fewer of them during the trial. To avoid mistakes and incidents, it is recommended to enlist the support of a qualified lawyer in advance.

Who is eligible to apply

Depending on the category of alimony obligations, the following have the right to go to court:

The parent who actually supports him and with whom he lives.
A wife who is pregnant with their common child.
A wife raising a joint child who is not yet 3 years old.
A spouse who provides constant care for a common disabled minor child or a disabled child of group 1 since childhood.

Attention! Guardianship and trusteeship authorities also have the right to file a claim for collection of child support against their parents (one of them). In the absence of an agreement between the parents on the payment of alimony, failure to provide voluntary maintenance to the children, and failure of one of them to file a claim in court.

Also, if one or both parents are deprived of parental rights, the children’s guardians and trustees have the right to initiate the procedure for collecting funds from them for the maintenance of their wards. Deprivation of parental rights is not a basis for exemption from the obligation to support your child - Art. 71 IC RF.

Deadlines for filing and for what period can be recovered

A woman who has the right to alimony has the opportunity to apply to the court with a corresponding application, regardless of the period during which such a right arose for her, if the maintenance was not previously provided under an alimony agreement - Art. 107 RF IC.

Alimony is awarded from the moment you go to court. It is also possible to recover them for the past period if two conditions are met simultaneously:

Only for the 3 years preceding the date of application.
The court found that up to this point the plaintiff had taken measures to receive money from the defendant, but he did not receive the funds due to the fault of the latter.

Such measures are evidenced by clause 11 of the RF PP No. 56:

The plaintiff’s appeal to the defendant (by sending registered letters with notification, telegrams, electronic mail) with a demand for payment of alimony or with a proposal to conclude an alimony agreement.
Applying to the court with an application for a court order (if such a judicial act was later cancelled).

Can they refuse alimony during marriage?

The court has the right to refuse to grant maintenance to a woman if:

She has no income for subjective reasons.
The defendant already has wage deductions in respect of other family members (children, parents, brothers, etc.).
The plaintiff leads an immoral lifestyle, abuses alcohol, and has a drug or other addiction.
A woman is in a de facto family relationship with another man.
The applicant committed a crime against the defendant.
Short duration of marriage.

When collecting funds for a child, the court will not satisfy the claims if - Art. 120 IC RF:

The child is over 18 years old and does not have a disability.
The minor was emancipated. This is possible upon employment, registration of individual entrepreneurs or marriage - Art. 27 Civil Code of the Russian Federation.
Death of a child or payer.
The defendant is not the biological father of the child or paternity has not been established.
An alimony agreement has been concluded, under which monthly payments are replaced by a lump sum payment or a gift of expensive property to the child: real estate, vehicles, jewelry, securities, etc. - Art. 104 RF IC. Alimony obligations are considered fully repaid.

What to do after receiving a decision to collect alimony

Dates for entry into force of judicial and notarized acts:

Alimony agreement - immediately.
Court order - 10 days.
Court decision - 30 days.

The alimony agreement acquires legal force from the moment of its conclusion. It, like a court order, is equivalent to writs of execution. But after the court decision comes into force, you still need to obtain a separate writ of execution. It is issued upon application by the same court that made the previous decision.

The court order comes into force after 10 days from the date of receipt by the payer - Art. 128 Code of Civil Procedure of the Russian Federation. If during this period he sends objections to the execution of the judicial act, then the judge who issued the order immediately cancels it.

After receiving the judicial act, you must wait for it to enter into legal force. The court decision acquires full legal force one month after it is made in final written form - Art. 321 Code of Civil Procedure of the Russian Federation. This condition applies if no appeal is filed within this period.

If the defendant managed to file it, then the court decision will come into force after the court considers this complaint, unless it is canceled during the appeal proceedings - Art. 209 Code of Civil Procedure of the Russian Federation. If the appellate authority overturned or changed the decision of the district (city) court and a new judicial act was adopted, it comes into force immediately after its issuance.

The writ of execution and acts equivalent to it may be immediately transferred to the FSSP of the Russian Federation at the payer’s place of residence or place of work. In both cases, you must provide the details of the bank account where you want to transfer the money, if they are not indicated in the executive document itself.

What to do if child support is not paid

If, despite the measures taken within the framework of enforcement proceedings or independent collection under enforcement documents, the spouse still does not pay the due funds, then he accumulates a debt.

After some time (but not more than 3 years - in order to avoid the expiration of the statute of limitations), the recipient has the right to contact the FSSP to record and calculate the debt. The amount of debt is determined by the bailiff and is legally secured by issuing an appropriate resolution - clause 2 of Art. 102 FZ-229.

After receiving such a document, it becomes possible to go to court again to collect alimony debt and the corresponding penalty - Art. 113 RF IC.

If you disagree with the amount of alimony debt determined by the bailiff, interested parties from among the participants in the procedure have the right to appeal the actions of the official:

To the management of the relevant department.
To a higher authority.
To the prosecutor's office.
To court.

At the same time, a party to enforcement proceedings whose interests are violated also has the opportunity to file a claim in court to determine the amount of debt - clause 4 of Art. 102 FZ-229.

If the provisions of the writ of execution are not clear, the method and procedure for its execution, the claimant also has the right to file an application with the court or a notary for clarification of these legal issues - clause 1 of Art. 32 FZ-229.

Attention! If the payer-debtor did not work or no one provided documents confirming his earnings/income, the alimony debt is determined based on the average wage in the Russian Federation on the day of collection.

Current information about such indicators is posted in information and legal systems and on the official Internet resource of Rosstat.

Duration of the procedure

An agreement to pay alimony to a pregnant wife is drawn up at a notary within a few days. This time will be required to verify the necessary documents. Consideration of a case to provide for a spouse during pregnancy in court can last a month, in rare cases longer. As a rule, the judge needs 1 or 2 meetings to make a decision, even if there are no objections from the defendant (spouse). The document comes into force immediately, regardless of whether a complaint is filed by the husband or not.

Crib

It is possible to apply for alimony during marriage without resorting to divorce.
A child under 18 years of age, as well as a spouse, in cases established by law, have the right to alimony payments.
Payment of alimony can be voluntary (according to a written, notarized agreement) and forced (according to a judicial act).
First, you need to determine whether there are legal grounds for collecting alimony in your case.
Draw up an appropriate statement (a claim or a court order)…
Generate the necessary documentation package.
Prepare the number of copies of the application and attachments according to the number of participants in the process.
Send the defendant a prepared copy of the application with attachments. Be sure to keep receipts and other documents confirming such shipment.
Submit an application and documents to the court in any available way.
If you were unable to obtain any documents on your own, notify the judge about this before the start of the process.
The court order is issued within 5 days from the date of filing the application and comes into force after 10 days. But the potential payer has the right to cancel it within these 10 days. A reasoned court decision on the claim is also made within 5 days after the announcement of the operative part.
The execution of a judicial act and alimony agreement may be entrusted to the FSSP.
For evasion of alimony payment, the payer bears legal liability - civil, administrative, criminal.

Have any of your friends collected alimony while married? If so, who exactly and how did he do it?

Price

The state fee for a claim for alimony for a pregnant wife is 150 rubles. But the tax is paid not by the plaintiff (wife), but by the defendant (husband). The state fee will be collected in the event of a positive court decision. Costs for executing an agreement on alimony during a wife's pregnancy with a notary may vary. On average, a document will cost 10 thousand rubles. Such tariffs consist of the state duty, which is established by the Tax Code (Article 333.24 of the Tax Code of the Russian Federation), as well as legal and technical services (in short, UPTH), which notaries establish independently. Therefore, the final amount is different.

What to do if a pregnant wife filed for alimony?

According to the law, it is virtually impossible to evade alimony payments during a spouse’s pregnancy. The only reason for the husband to avoid payment is to establish the paternity of the child in favor of another man. But it is almost impossible to prove this fact before the baby is born (RF IC Article 48, Article 90). Therefore, the pregnant wife will still have to pay the obligations, although later, if a DNA examination shows that the spouse is not the father of the child, the man can demand compensation from his wife for the financial resources spent on her maintenance.

In addition, the husband may try to reduce the amount of regular alimony payments to his pregnant wife, as well as penalties (RF IC Article 114), if he proves:

Own need.
Deterioration of your health.
The emergence of other financial obligations.
A drop in income, for example, due to dismissal.
Other circumstances that negatively affect his ability to make payments.

In what cases will it not be possible to collect alimony?

Spousal support will not be provided under the following circumstances:

A man and a woman lived in an unofficial marriage. According to the law, they are nobody to each other, and alimony is collected only for a common child, if there is one.
The couple lived in an official marriage, divorced, and the man challenged paternity. From the day the court decision comes into force, he may be released from alimony obligations to his child or ex-wife.
The woman is initially listed as a single mother; the child’s documents do not contain information about the father.
The ex-wife remarried and is supported by her new husband.

Important! As with child support, a man can demand a reduction in the amount of contributions for the maintenance of his spouse/ex-wife.

How to cancel alimony for a pregnant wife?

In accordance with Art. , 119 of the RF IC, alimony during pregnancy of a spouse is terminated upon the occurrence of the following cases:

The relationship in the registry office between husband and wife was registered for a short period.
Misbehavior of the recipient (spouse).
Remarriage.
Improving the financial situation of the recipient of payments (wife).
Committing a crime by a wife against her husband.
Providing false documents about financial status.

The basis for termination of alimony payments for a pregnant wife may be the wife’s falsification of a pregnancy certificate, which is a crime. This provides for criminal liability under Article 327 of the Criminal Code of the Russian Federation. Also, alimony terminates upon termination of pregnancy, since the legal basis for its occurrence, specified in Article 89 of the RF IC, disappears.

IMPORTANT

In order to no longer pay alimony to his pregnant wife, the husband needs to contact the court. To stop payments after the birth of a baby, it is enough to submit a corresponding application to the bailiff service (Article 47 of the Law “On Enforcement Proceedings”). Cancellation of alimony during a wife's pregnancy is possible if the husband manages to prove the impossibility of providing for his wife for good reasons, for example, due to his own incapacity, disability, dismissal and other reasons. This is stated in Article 92 of the RF IC.

Termination of payments: legal grounds

Alimony payments can be legally terminated if the following circumstances occur:

death of the payer or recipient;
expiration of the agreement on voluntary payment of security;
the occurrence of events specified in the agreement;
improving the financial situation of the recipient;
abortion;
the plaintiff's entry into a new marriage.

Stopping payments for other reasons is considered illegal.

Cases related to the collection of alimony have a large number of individual characteristics, so the decision made by the court may be unusual.

However, in any case, the collection of payments is carried out by bailiffs after receiving a writ of execution.

They can seize the defaulter's bank accounts or cards, deduct alimony from his salary, as well as other income.