How to apply for alimony without marriage

The Family Code of the Russian Federation states that both parents of a child are obliged to equally participate in raising the child. This concerns financial support, assistance in obtaining education, character formation, as well as protection of their rights and interests. At the same time, the legislation does not distinguish between couples who have officially registered their marriage relationship and those who live in a civil marriage.

The child has the right to receive alimony regardless of whether the parents have an officially registered relationship. The main thing is that the parent from whom it is planned to collect child support is recorded on his birth certificate.

But what if there is neither a marriage nor an official registration of the child with the father?

Alimony for the mother of a child out of wedlock

Alimony for the mother of a child outside of marriage is collected in court or paid voluntarily, for example, if you enter into an agreement to pay alimony in a civil marriage.

There are 2 options for collecting alimony:

The marriage is dissolved and the wife wants to collect alimony outside the marriage.
The marriage was not concluded, but there are common children.

Only in the first case does the wife have the right to collect alimony for the maintenance of the child and her own maintenance, since former spouses have the right to demand alimony for their maintenance after marriage (Article 90 of the RF IC), but only if they meet certain criteria that are defined Family Code, one of which is the period of pregnancy and until the child reaches 3 years of age.

Payment principles

When there is an agreement between spouses, then for collection it is necessary to turn to bailiffs. If the document is not certified, you will need to visit a notary to complete this procedure.

In situations where the plaintiff knows where the defendant lives and works, he has the right to appeal to the magistrate’s court. There he can draw up a statement, a sample of which he will find there. Based on this, an order is issued indicating the amount of payments. And with this document you can contact the bailiffs to recover funds.

If the spouse does not agree to pay alimony for the maintenance of the mother and child, a claim must be written, which is filed in the magistrate's court. In this way, a controversial situation can be resolved. An application is also drawn up to approve alimony in a specific amount. Perhaps the court, after considering the appeal, will satisfy the requirements. You just need to attach proof of expenses. At the end, a writ of execution is issued, on the basis of which the bailiffs collect payments.

When is child support not paid?

In several situations, payment of alimony for the maintenance of the mother is not due:

the marriage did not last long (less than 1 year);
inappropriate behavior of the spouse in marriage, for example, drunkenness, infidelity;
disability was acquired due to personal fault;
if the spouse's real income is hidden.

Cancellation of payments can always be made if it is proven that the financial situation of the spouse has improved. It is also possible to increase or decrease the amount of alimony depending on income and expenses. In this case, a court decision or a change in the contract will be required.

The following persons have the right to alimony after a divorce from a child in a civil marriage:

ex-wife during pregnancy and within three years from the date of birth of their common child;
a needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen or a common child who has been disabled since childhood, group I;
a disabled, needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of dissolution of the marriage;
a needy former spouse who has reached retirement age no later than five years from the date of divorce, if the spouses have been married for a long time.

In the second case, the mother has the right only to alimony without marriage for the maintenance of minor children , which is collected according to the general rule, by obtaining a court order or filing a statement of claim.

How to get child support for a non-working mother up to 3 years old: conditions

A non-working woman who has a dependent child or several children has the right to go to court to recover alimony from the father.

Please note! If spouses are divorced and have common minor children, then alimony is awarded provided that:

The child is not older than 3 years old, the mother is on maternity leave,
The mother does not have a permanent job and is not currently working,
At the time of the divorce, the spouse was in a situation
The fact of paternity has been established, or the spouse does not dispute paternity.

A woman, while on maternity leave, is virtually deprived of income, so her demands on the child’s father are quite natural. The state is called upon to protect the interests of single mothers and collects alimony in order to partially cover the costs of food and essential goods for the child.

To confirm her income, a woman should provide the court with a certificate from the social security authorities about the amount of the monthly benefit paid. If there are other sources of income, these should also be indicated.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Amount of alimony, if not specified

The amount of child support is established by a child support agreement or a court decision. How is alimony calculated without marriage?

For one child - one quarter; (minimum amount of alimony payment for a non-working person in 2021-2019).
For two children - one third.
For three or more children - half the earnings and (or) other income of the parents.

The amount of child support for a child out of wedlock is established by the court, taking into account the financial and marital status of the parties, as well as other circumstances.

Payment amount

The amounts of child support do not depend on the age of the child. The amount of payments is established by agreement or by court decision. In this case, the content can be approved in a fixed amount or in a share. The percentage calculation method is often used:

25% for 1 child;
33.33% - by 2;
50% - by 3.

When approving payments, the income of two parents is taken into account. Particular attention is paid to expenses for the child.

The legislation specifies the principles for collecting alimony from the mother of a child. A woman has the right to indicate in her application the required amount to ensure a normal life. Just keep in mind that the spouse is supposed to pay no more than 50% of his income. Therefore, payments can be approved in a fixed amount.

What documents are needed?

Attention! To support the claim, the plaintiff must provide the following documents:

Certificate of income of the plaintiff,
Certificate of income of the defendant (if possible),
A copy of the birth certificate,
Certificate of divorce,
Other documents confirming paternity (if available).

The court has the right to request additional documents to clarify the circumstances of the case.

Watch the video. Alimony for wife. Child support. When can alimony be denied:

Is it possible to collect child support without establishing paternity?

In order to collect child support from the biological father, you need to confirm the fact of paternity. After all, the court will not take the plaintiff’s side solely on the basis of the applicant’s words. A woman has the right to file an application to establish paternity and collect alimony (or separately to establish paternity). The court may order a DNA examination. Sometimes it is necessary to file a petition for its conduct with a request to conduct an examination at the expense of the judicial department based on the financial difficulties of the plaintiff. As a rule, this method of assigning an examination is cheaper than contacting a specialized office, where you need to pay for additional services separately.

If the plaintiff wins the trial and paternity is confirmed, the cost of the examination will be recovered from the defendant. But if it turns out that the mother was mistaken in her beliefs and the defendant is not the biological father of the child, then the entire amount will be recovered from her.

Video: you can prove or disprove paternity using DNA testing

How to establish paternity and collect child support for an illegitimate child

The application must be filed in the district court at the defendant's place of residence. By the way, in this case there is no need to pay the state fee, since the application is aimed at protecting the rights and interests of the child.

Some mothers are afraid that the defendant will not appear in court and for the examination and she will waste time, money and nerves, but in vain.

The Civil Procedure Code establishes that if the defendant fails to appear for the examination, he is automatically recognized as the biological father of the child and the court will rule in favor of the plaintiff.

After a decision has been made to satisfy the claim, you must wait until it comes into force. Collection of alimony will occur according to the usual scenario.

In rare cases, alimony may be awarded without an examination. For example, if a petition to hold it is not filed, the father and witnesses appeared at the first hearing, and the child's father agreed with the plaintiff's arguments.

Photo gallery: sample statements and petitions to establish paternity

A request for an examination may be included in the application to establish paternity.

You can file a petition yourself or by contacting the court office

The court decision and application are submitted to the registry office in order to make changes to the child’s documents after paternity has been established.

How to collect alimony from a convicted person

Convicted fathers are not exempt from financial responsibility to the child. The only difference is the collection procedure itself. Of course, a peaceful method in such cases is almost impossible, so you need to choose to go to court.

Many mothers do not try to collect child support from prisoners, because they are sure that such fathers have nothing to pay. In fact, every convicted person has the opportunity to work in local industries and receive a salary, albeit small, but still. In addition, the authorities of the correctional institution can assist in the employment of the alimony worker, and in some cases, prisoners receive benefits or pensions, and this is also income. And the collection itself is simpler, since executive responsibilities are assigned to the institution’s accounting department and the convicted person will not have the opportunity to hide part of the income.

In such cases, the statement of claim is filed according to the general rules. The information about the defendant must indicate in which institution he is serving his sentence, and the descriptive part must include information about court documents related to the conviction. The court will make a decision in a month and issue final documents to the plaintiff. Copies of these must be attached to the application addressed to the head of the correctional institution.

To draw up an application for the collection of alimony from a convicted person, you can contact a lawyer

The accounting department of the institution itself will carry out the translation in accordance with court documents.

Lawyer's answers to private questions

Several years ago I lived with a man and had a son with him. Now he is 5 years old. Paternity has not been established, but I want to look into this so that I can later demand child support. Can I order a DNA test myself and then present the conclusion in court?

You can, it is not prohibited by law. But the court may not take the conclusion into account. It is important that the examination is carried out within the framework of the trial, and not before it, and is ordered by a court order. It is best to file your petition during or after filing your application.

My ex-girlfriend established paternity and demanded child support from me in court. The court also ordered me to reimburse the costs of paying for the DNA examination. Am I obligated to do this?

If you filed a petition to appoint an examination, then you are obligated (Article 96 of the Code of Civil Procedure of the Russian Federation). If she doesn't.

For several months I have been trying to get my ex to acknowledge paternity; I have a daughter from him. He just gets on my nerves and refuses. Can I demand compensation for moral damage from him in court if I decide to go there?

No. Compensation for moral damage is possible if a person, by his actions, violated your personal non-property rights, thereby causing physical or moral suffering (Article 151 of the Civil Code of the Russian Federation). By establishing paternity, women legally act in the interests of the children, and they have nothing to do with moral harm.

The husband had a child out of wedlock from another woman. We decided not to get a divorce, but I wonder if she will be able to collect alimony from him? If he decides to collect, how can they be reduced?

If paternity is established, the woman will be able to collect child support. For one person, 25% of earnings will be paid, but the amount can be reduced if you also file for spousal support. Then 16.5% will be transferred to the other child.

I rent an apartment and am raising twin boys. There is a dash in the “Father” column, but I am going to establish paternity through the court. I rent an apartment, it’s very difficult financially. Can I collect alimony taking into account the cost of renting a home? After all, his children live there too.

Yes, this possibility is provided for in Art. 86 RF IC. You must submit a rental agreement and payment receipts to the court. The defendant will be required to compensate half of the costs for two children.

How to avoid paying child support

Simply refusing to fulfill obligations is illegal. If there is a writ of execution, enforcement proceedings have been opened, and the alimony provider does not pay, the bailiffs can describe his property. Everyone obligated to pay alimony knows this. Therefore, most often, unscrupulous parents resort to some tricks.

The amount of alimony awarded can be reduced legally by filing an appropriate application with the court.

Many fathers negotiate with the employer and formalize the employment relationship in such a way that the documents show a salary that is much less than the actual one. This is beneficial for both the alimony provider and the employer. But such actions can be stopped if it is proven that the salary declared in court is invalid. To do this, you will need confirmation: photographs of receiving money, testimony of witnesses, confirmation of the purchase of expensive goods, etc.

Some fathers, due to circumstances, ask to change the form of payment. For example, an alimony worker works at a wholesale warehouse and states that the other parent will spend the money on himself and not on the child, but he can pay alimony in kind, that is, in products. This method is also legal. In this case, you can report for payment using checks and receipts for purchased products.

Even if the father denies relationship with the child and is not ready to participate in his maintenance, the law obliges him to pay alimony in any case

An extreme way to avoid alimony is to claim a claim that refutes the fact of relationship. For example, the plaintiff's last name is indicated on the birth certificate, but he believes that he is not the biological father. For this purpose, a genetic examination is ordered, and if the plaintiff’s testimony is confirmed, the payment of alimony is canceled. Next, the mother can start registering paternity (if she can attract a real parent) or remain in the status of a single mother, which, in general, provides certain privileges and benefits.

When can the court refuse to pay money?

Please note! If the following circumstances exist, the court has the right to refuse a claim for alimony payment:

The spouse regularly drinks alcohol,
The marriage was dissolved due to the fault of the ex-wife (use of alcohol and illegal drugs, infidelity, immoral behavior),
The woman provided false information regarding her income (in fact, the woman is employed and has a regular income),
Circumstances have been established that indicate the woman’s dishonesty.