Regulatory regulation of the issue of alimony for spousal support
Let's consider two possible situations encountered in practice. Your own situation will fall under one of the situations I described below, with slight variations.
Situation No. 1.
The wife and husband are married. During the marriage, the couple had a child. Three months later, the husband left the family. He gives money only for the maintenance of the child; he does not pay alimony to his wife. The child is seven months old. My wife doesn't work.
In this situation, is the husband obliged to pay alimony for the maintenance of his wife?
In accordance with paragraph 1 of Article 89 of the Family Code of the Russian Federation
spouses are obliged to financially support each other.
According to paragraph 2 of Article 89 of the Family Code of the Russian Federation
in the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the wife has the right to demand the provision of alimony in court from the other spouse who has the necessary means for this during pregnancy and for three years from the date of birth of the common child.
Thus, the husband is obliged to financially support his needy wife on a voluntary basis, providing funds for the maintenance of his wife. In case of refusal, the wife has the right to demand alimony from her husband for the maintenance of the spouse by filing a claim for maintenance of the spouse with the court for this purpose.
The obligation of spouses to provide mutual financial support to each other arises from the moment of marriage. The state of actual marital relations in the absence of an officially registered marriage does not give the right to demand the provision of appropriate material support.
Situation No. 2.
During the marriage, the couple had a child. Two months later, the couple divorced.
Is the husband obliged in this situation to provide maintenance for his ex-wife?
In accordance with paragraph 1 of Article 90 of the Family Code of the Russian Federation
The ex-wife has the right to demand alimony in court from a former spouse who has the necessary means for this during pregnancy and for three years from the date of birth of their common child.
The Family Code contains, as a direct condition for one spouse to receive alimony from the other, an indication of the latter’s financial ability to pay it.
This means that the payment of alimony by the obligated person should not lead to a significant decrease in the level of his well-being, an approximate criterion of which is the subsistence level.
Alimony for the maintenance of a former spouse can be collected by the court during pregnancy and within three years from the date of birth of a common child.
To do this, a claim is filed with the court for spousal maintenance. A mandatory requirement for the court to satisfy a claim for spousal support is that the defendant spouse has the necessary funds for this.
The amount of alimony collected for the maintenance of a spouse (former spouse) is determined in a fixed amount:
- a multiple of the cost of living;
- as a share of the cost of living.
This procedure for determining the amount of alimony is established in order to protect the rights of the spouse from inflation, since in accordance with paragraph 1 of Article 117 of the Family Code of the Russian Federation, alimony to the spouse can be indexed.
At the same time, the size of the subsistence minimum is determined by the value established for the socio-demographic group of the population “working-age population”.
A spouse who is on parental leave to care for a child under 3 years of age is not considered disabled.
Amount of alimony
According to Art. 91 of the RF IC, if an agreement is not reached between the spouses on the payment of maintenance to a needy wife, then the amount of material maintenance is subject to payment in a fixed (solid) sum of money. It must be provided monthly. The amount of payment is calculated individually and depends on the level of financial support of the spouse against whom the claim is made.
The court may order alimony to be paid in the amount of the subsistence level at the place of residence of the former spouse.
Important: The final amount depends on whether the ex-spouse has the necessary funds to financially support his ex-wife. There is no formula for calculating alimony in the Family Code and by-laws.
Grounds for collecting alimony for spousal support
The only legal basis for collecting alimony for spousal support is the presence of a dependent minor child under the age of 3 years by the spouse (former spouse).
I draw your attention to the fact that the right of a wife during pregnancy and for three years from the date of birth of a common child to receive alimony from her husband is not made dependent on her disability and need.
For the right to alimony to arise, it does not matter whether the wife works during pregnancy and for three years after the birth of the child or devotes herself entirely to caring for the child.
The main condition for the emergence of a wife’s right to receive alimony during pregnancy and in connection with the birth of a child is the bearing and birth of a common child.
The law proceeds from the fact that during this period a woman needs rest, special nutrition, treatment, etc.
All material costs associated with bearing and caring for a common child must be borne equally by both spouses, even if the wife is financially secure.
Based on my own judicial practice, I will say that courts often indicate in a decision that the wife needs financial assistance, does not work and does not intend to work during the entire period of child care.
At the same time, the question of the degree of need of the wife for material assistance has important legal significance for determining the amount of alimony for the maintenance of the spouse (former spouse).
Resolving the issue of the amount of alimony, the magistrate determined its amount, bearing in mind that due to being busy caring for a common child until he reaches the age of three, the child’s mother does not have the opportunity to work and receive wages that ensure her own maintenance, and therefore are subject to recovery in her favor, alimony must be of a real nature (Appeal ruling of the Lysvensky City Court of the Perm Territory dated November 27, 2015 in case No. 11-65/2015).
If the wife does not have her own funds, alimony for the maintenance of her spouse (former spouse) must be collected in an amount sufficient to satisfy her basic living needs and to cover special additional expenses associated with pregnancy and childbirth.
If she has her own funds, alimony for the maintenance of her spouse (ex-wife) should be sufficient only to cover these expenses.
The magistrate rightfully took into account that the plaintiff currently does not have the opportunity to find a job because she is busy caring for a small child.
However, the appellate court does not agree with the conclusions of the magistrate regarding the amount of money collected, since the legal norms regulating the legal relations that have arisen provide for the obligation of the spouses to financially support each other, and not support each other in full, while the amounts recovered in favor of the plaintiff are aimed at her full monthly maintenance (Appeal ruling of the Pushkin City Court of the Moscow Region dated November 11, 2014 in case No. 11-97/2014).
Alimony for wife during marriage
Financial support by spouses for each other is not only “normal” and “natural”. Its necessity is legislated (Article No. 89 of the RF IC).
This requirement of law and morality becomes especially relevant in the case of joint children. A pregnant woman, and a woman caring for a baby, is not able to earn her own living. “Children’s” state benefits are not designed to allow a mother and child to fully exist without it - it is only a small material benefit to ease the parental burden, intended exclusively for the needs of the child within the framework of state protection of his rights.
In such a situation, taking full responsibility for providing for the family is the direct duty of a man. And if he evades him, the law comes to protect the rights of his wife.
A woman can apply for alimony through the court and get her husband to allocate a certain amount of money for her monthly living.
Grounds for exemption from paying alimony for spousal support
The grounds for exemption from paying alimony for the maintenance of a spouse (former spouse) can only be:
- the child reaches 3 years of age,
- or such a change in the financial or marital status of the parties that would deprive the alimony payer of the ability to pay them,
- or the recipient of alimony has a complete lack of need for it.
In this case, the presence of a set of specified conditions is not required. It is enough to have at least one of them.
The obligation to provide maintenance to a spouse for up to 3 years rests with the other spouse only if he himself has the necessary means to pay alimony. I already wrote about this above in my article.
The availability of the necessary funds is understood as such a level of security for the spouse at which, after paying alimony, he himself will remain provided with funds in the amount of at least the subsistence level.
The availability of the necessary funds is determined by the court, taking into account all the circumstances of a particular case (see the Appeal ruling of the Motovilikha District Court of Perm dated 12/09/2015 in case No. 11-312/2015, the Appeal ruling of the Judicial Collegium for Civil Cases of the Omsk Regional Court dated 09/07/2016 . in case No. 33-9018/2016).
The court has the right, in the presence of special circumstances, to consider that the spouse does not have the necessary funds, even if after paying alimony he will still have funds in the amount of the subsistence minimum, for example, if the paying spouse, for health reasons, needs significant funds for treatment, etc.
I would like to immediately draw your attention to the fact that the grounds for releasing a spouse from the obligation to support another spouse, provided for in Article 92 of the Family Code of the Russian Federation, are not applicable in this case.
Article 92 of the Family Code of the Russian Federation talks about cases where a spouse is released from the obligation to support another disabled spouse in need of help.
Based on the provisions of Articles 89 and 92 of the Family Code of the Russian Federation in their interrelation, the grounds listed in Article 92 of the Family Code of the Russian Federation are not legally significant circumstances in disputes regarding the collection of alimony for the maintenance of a spouse (former spouse) until the child reaches the age of 3 years, because Article 92 The Family Code of the Russian Federation is not applicable to controversial legal relations, since the plaintiff belongs to a different category of persons who have the right to demand alimony (wife during pregnancy and for three years from the date of birth of their common child).
In other words, a wife during pregnancy and for three years from the date of birth of a common child is not considered an incapacitated needy spouse.
Okay, let's leave the article. 92 of the Family Code of the Russian Federation alone. I hope you have clearly understood that in cases of alimony for spousal support, it is not applicable.
At the same time, there is another interesting provision in the Family Code of the Russian Federation, namely, paragraph 2 of Article 119:
The court has the right to refuse to collect alimony from an adult capable person if it is established that he has committed an intentional crime against the person obligated to pay alimony or in the event of unworthy behavior of an adult capable person in the family.
Here's a real example. The wife cheated on her husband, the husband filed for divorce, the couple divorced. Subsequently, the wife filed a claim in court for spousal support.
Will the fact of treason affect the court's decision and how can this be proven? I believe that in court the ex-wife is unlikely to confirm the fact of infidelity.
The very fact of treason will be almost impossible to prove in court. Only if you don’t bring witnesses or provide a video recording, but in such cases, often, there is neither one nor the other.
At the same time, the burden of proving the immorality of your ex-wife’s behavior will fall on you, and accordingly, you will have to prove the fact of infidelity.
If you manage to do this, then you will have every chance of being exempt from paying alimony for the maintenance of your ex-wife.
Or here’s another interesting situation that also occurs in my practice.
My ex-husband is on parental leave. In this case, does the ex-wife have the right to demand alimony for her maintenance until the child reaches the age of 3 years?
To answer this question, you need to once again familiarize yourself with the contents of paragraph 2 of Article 89 of the Family Code of the Russian Federation and paragraph 1 of Art. 90 of the Family Code of the Russian Federation.
It states that the wife has the right to demand alimony - regardless of who works and who is on parental leave and actually takes care of him.
Therefore, my answer to the question whether the wife has the right to demand alimony for herself, despite the fact that the husband (ex-husband), and not she, is on parental leave, will be in the affirmative.
Why? Because in this case, alimony is collected not for the maintenance of the child, but for the maintenance of the wife after childbirth.
These alimony payments are in no way connected with child care, since the above-mentioned articles of the Family Code of the Russian Federation do not make the right to receive alimony dependent on where the child is and whether he is even alive or not.
For an ex-husband, in such a case there are provisions in Chapter 13 of the Family Code of the Russian Federation.
It's quite simple. If the father maintains the child, he has the right to demand alimony from the child’s mother - and there are quite a lot of such decisions.
Is a common-law wife entitled to alimony?
Many modern people are quite skeptical about the institution of marriage, believing that “a stamp in a passport does not change anything.” They live together and have children in a so-called “civil marriage.” By the way, the name is erroneous, since a civil marriage was originally called a marriage registered by state authorities, as opposed to a church one.
When applied to emotions, the “stamp” really “doesn’t change anything.” In the social space, everything changes radically. “Civil” couples often face unpleasant consequences that they do not think about at the beginning of the relationship. During separation, no court will help to fairly divide property and protect housing rights. Civil spouses are not included in the list of legal heirs. In the event of an emergency, they often cannot obtain information about their “other half”, because... it is given only to relatives, etc.
Same with alimony. Only the “real” wife has the right to them. “Civil” is not entitled to anything by law. She will receive child support (if paternity is voluntarily recognized by the man or proven by the court). Never on yourself.
The wife received alimony and now got a job. Advice for alimony payers
As a matter of fact, I included this section in the article not by chance.
This life situation occurs quite often in practice.
Here's an example.
A man named Yuri sought legal advice from a certain lawyer Alexander from Moscow.
The situation itself and the lawyer’s response are outlined
Here
Pay attention to what I highlighted in the brown fill.
By the phrase “you cannot file for cancellation of alimony,” the lawyer means that you do not have the right to file a claim for exemption from paying alimony.
Is it really? Let's figure it out. Here is an example from judicial practice.
Appeal ruling of the Central District Court of Chita dated February 1, 2016. in case No. 11-23/2016
Plaintiff Krivorog I.S.
turned to Meltsaeva O.M. with a claim to terminate the collection of alimony for the maintenance of a spouse. The magistrate decided to satisfy the claims of I.S. Krivorog. Disagreeing with the decision of the magistrate, Meltsaeva O.M. filed an appeal.The child was under three years of age at the time of consideration of the case. Resolving demands for the release of Krivorog I.S. from paying alimony for the maintenance of the spouse, the magistrate proceeded from the fact that the defendant did not need alimony since she had started work.
The appellate court cannot agree with this conclusion, since the basis for collecting alimony in this case was the presence of O.M. Meltsaeva. dependent on a minor child under the age of 3 years and the basis for exemption from paying alimony can only be the child reaching 3 years of age, or such a change in the financial or marital status of the parties that would make it impossible for the payer of alimony to pay them, or the complete absence of the recipient of alimony in their need.
Thus, the magistrate incorrectly applied the rule of substantive law, and also incorrectly determined the circumstances relevant to the case, and therefore the decision is subject to cancellation with the issuance of a new decision, which, in satisfying the demands of the plaintiff Krivorog I.S. should be refused.
Thus, it turns out that if your spouse (ex-wife) went to work, this is not a basis for exempting you from paying alimony for her maintenance until the child reaches the age of 3 years.
Indeed, the mere fact that your spouse (ex-wife) goes to work does not have any legal significance for the issue of exempting you from paying alimony for her maintenance.
At the same time, according to paragraph 2 of Article 120 of the Family Code of the Russian Federation
The payment of alimony collected in court is terminated: - when the court recognizes the restoration of working capacity or the cessation of the need for assistance of the alimony recipient; - when a disabled ex-spouse who is the recipient of alimony enters into a new marriage;
Article 120 of the Family Code of the Russian Federation provides grounds for exemption from alimony payments if the court recognizes the restoration of working capacity or the cessation of the need for help by the alimony recipient.
But an ex-spouse caring for a child is not a disabled person.
Nowhere in the legislation of the Russian Federation does it directly state that a woman who is pregnant and/or on maternity leave for a child under three years of age is disabled.
Therefore, if you want to stop paying alimony for the maintenance of a spouse for up to 3 years, you need to prove in court not the fact that the spouse went to work, became able to work, etc., but you need to prove the fact that the spouse no longer needs material help from you.
For these purposes, you can file a petition in court to request information from the ex-wife’s employer about the amount of wages.
It is important to understand that the release or termination of payment of alimony for the maintenance of a spouse (former spouse) in a situation where the child has not yet reached the age of 3 years, contrary to the example from judicial practice I gave above, is possible in two cases:
A) if you prove that your spouse (former spouse) is no longer a person in need.
According to the Determination of the Constitutional Court of the Russian Federation dated April 22, 2010 N 546-О-О
the obligation to pay alimony for the maintenance of a former spouse can be imposed by the court only on persons who have the necessary means for this.
According to the Determination of the Constitutional Court of the Russian Federation dated October 23, 2014 N 2463-O
The need of a spouse is determined by the court in a specific case by correlating his income with the expenses necessary to satisfy his vital needs, as well as taking into account other circumstances.
According to the Determination of the Constitutional Court of the Russian Federation dated July 17, 2012 N 1366-O
In itself, paragraph four of paragraph 2 of Article 120 of the Family Code of the Russian Federation, according to which the payment of alimony collected in court is terminated when the court recognizes the restoration of working capacity or the cessation of the need for help of the recipient of alimony, in a systematic relationship with paragraph 1 of Article 119 of the same Code on the right of the court, at the request of any of the parties to the alimony obligation, to change the amount of alimony established by the court in the event of a change in the financial or marital status of one of the parties or if one of the parties has another noteworthy interest, aimed at ensuring a balance of interests of the parties to such an obligation.
From the above-cited Determination of the Constitutional Court of the Russian Federation, it is probably not entirely clear to you what kind of claim to bring against your spouse (ex-wife) - for exemption from paying alimony (Article 120 of the Family Code) or for a reduction in the amount of alimony (Article 119 of the Family Code) ?
From my own experience and based on my own judicial practice, I can say that if the income of a spouse (former spouse) is more than the subsistence level, then she can no longer be recognized as needy.
Accordingly, you have grounds for filing a claim specifically for exemption from paying alimony, since this is directly provided for in Article 120 of the Family Code of the Russian Federation.
In this sense, the lawyer who advised Yuri in the example above was wrong when he wrote that Yuri could not apply for alimony cancellation.
If the income of your spouse (former spouse) turns out to be less than the subsistence level, then in this case you can ask the court not for exemption from paying alimony, but only for a reduction in the amount of alimony.
And you will need to base your claim not on Article 120, but on Article 119 of the Family Code of the Russian Federation.
In both cases, the main thing for you to prove is how much the financial situation of the parties has changed and how the amount of alimony now relates to the income of the spouse (former spouse).
B) if you prove that your financial or family situation has changed so much that you are no longer able to pay alimony at the same level.
The process of proof in this case is similar to the process of proof in cases of reducing the amount of alimony.
What is an agreement between parents
A husband and wife can agree on financial support for a child (alimony) without the participation of the court. In the modern world, no one believes words and promises anymore, so parents should take this issue seriously. To draw up a voluntary agreement indicating what the amount of alimony will be in the event of a divorce, parents need to come to a notary’s office and enter into a written agreement, which will be certified by a notary. If the terms of this document are violated, then in order to compulsorily collect alimony, you will need to go to court.
Alimony for spousal support: procedural issues
When a wife (ex-wife) files a claim for alimony for her maintenance during pregnancy, the husband cannot file a counterclaim to challenge his paternity, since this is possible only after the birth of the child in connection with the challenge of the paternity record.
However, the husband has the right to present indisputable evidence that his wife (ex-wife) is not pregnant with his child, for example, a medical certificate stating that for medical reasons he cannot have children, etc.
The courts must examine such evidence, and if there is indisputable evidence that the child being carried by the spouse (ex-wife) is not common, the claim should, in theory, be denied.
Why in theory? But because some of our courts sometimes allow a different interpretation, based on the fact that Art. 89 of the Family Code of the Russian Federation does not contain wording that the wife must be pregnant with a common child, and they do not attach legal significance to such evidence, satisfying the demands of the spouse (former spouse) with reference to the fact that she is pregnant.
This interpretation of the commented article took place in the decision of one of the courts in the city of Guryevsk, Kemerovo region.
The court there expressly stated that a wife during pregnancy has the right to receive maintenance from her husband, regardless of whether she is pregnant from her husband or from another person.
If the claim is brought after the birth of the child, the defendant has the right to file a counterclaim to challenge the record of paternity.
If during the proceedings of this case it is established that the defendant is not the father of the child, then this circumstance in itself does not provide grounds for the return of alimony received by the plaintiff during pregnancy.
To do this, it is necessary to prove that the plaintiff knew for sure that she was pregnant not from the defendant, and submitted false documents to the court or provided false information.
A claim for the recovery of alimony for the period of pregnancy can be brought from the moment this fact is established and confirmed by medical documents.
The spouse (former spouse) has the right to file a claim for the recovery of alimony simultaneously for the period of pregnancy and a three-year period after the birth of the child.
Otherwise, she loses a significant part of the funds for her maintenance, since immediately after the birth of the child she cannot go to court with a new claim for obvious reasons, and alimony is awarded from the day the claim is filed.
In the event of termination of pregnancy or stillbirth, the defendant has the right to demand termination of alimony payments.
Alimony for the maintenance of a wife can be collected by the court from the moment she becomes pregnant until the expiration of three years from the date of birth of the common child.
The plaintiff in cases of recovery of alimony for the maintenance of a spouse (former spouse) is:
- ex-wife, if the marriage was dissolved during her pregnancy, and the claim was filed during pregnancy or within three years after the birth of a common child;
- wife (ex-wife) in the event of the birth of a common child before the divorce;
- wife (ex-wife) in the event of the birth of a common child after divorce, if the father of the child is the ex-husband.
At the same time, the ex-husband is assumed to be the father of the ex-wife’s child - if the child was born within 300 days from the date of divorce (clause 2 of Article 48 of the Family Code of the Russian Federation).
The defendant in cases of recovery of alimony for the maintenance of a spouse (ex-wife) is the husband (ex-husband).
Required documents
The statement of claim must be supported by the necessary documents. This list usually includes:
- document confirming the identity of the applicant (passport);
- if the parents were or are married, then a certificate of marriage or its dissolution;
- child's birth certificate;
- a certificate from the housing office about the joint residence of the mother and child;
- a certificate that the woman is on maternity leave and has no income.
If a woman is pregnant, then instead of the child’s birth certificate, she will need a certificate from the antenatal clinic stating that she is registered there. All of the listed documents except the passport must be submitted in the original, so take care of this in advance.
Which court to file a claim for spousal support?
The spouse (former spouse), acting as the plaintiff, files a claim for her maintenance until the child reaches the age of 3 years in the district court.
I wrote about this in detail in my other article in the section “Which court should I go to when filing alimony for a disabled spouse?”
In the same article, in the corresponding section, you can easily find information about the state duty for filing a statement of claim.
And I won’t repeat myself here.
Collection procedure
If an agreement on the payment of alimony has been concluded between the parents, and it is certified by a notary, then you can immediately contact the bailiff service with it. This agreement is already binding, and alimony can be collected under it. If the agreement has not been notarized, you will need to additionally contact a notary to comply with the entire procedure.
If the plaintiff knows for sure where the defendant lives and works, he will be able to go to the magistrate’s court and write an application to obtain a court order for alimony. After considering this application, the magistrate will issue this order, in which he will determine the amount of alimony in accordance with family law. With this court order, you can already go to the bailiff service, which will collect alimony from the debtor.
If the second parent does not agree to fulfill his obligation to pay alimony for the maintenance of the child and his mother, the first parent has no choice but to draw up a statement of claim and submit it to the magistrate’s court to resolve the existing dispute. We talk about how and where to properly apply for alimony here - https://divorceinfo.ru/2349-kuda-kak-podat-zayavlenie-na-alimenty-posle-razvoda-suprugov
Also, only by filing a statement of claim in court will it be possible to resolve the issue of assigning alimony in a fixed amount. And both for the child and for his mother. But in the second case, the judge will additionally need to submit papers confirming the costs of maintaining a child under three years of age and his mother and prove the need to assign a specific amount of alimony.
After considering the claim, the judge decides to issue a writ of execution. Based on it, bailiffs will be able to begin work on collecting funds from the alimony payer.
Claim for spousal support
In this section of the article I present to your attention my sample application for spousal support.
I am showing it to you only in terms of volume. This claim for spousal support is 100% effective and has been perfected over the years of my judicial practice.
The texts and wording that I used in this lawsuit are hidden from reading. The logic here is simple: thoughtlessly copying wording from someone else’s claim will not lead to anything good.
If you need a professionally drafted claim for the recovery of alimony for the maintenance of your spouse (ex-wife), taking into account your specific situation - contact me, I will draw up the best claim for you.
+7
Many wives (ex-wives) believe that cases for the collection of alimony for spousal support are winning.
Nothing like this if a professional works on the defendant’s side. Further, using one of the examples, you will clearly see how important it is to enlist the support of a professional in this matter, instead of using crooked claim templates scattered on the Internet. So, read on.
Alimony obligations to a disabled wife
A disabled spouse can count on financial assistance from her husband (former or current). This is possible under the following conditions:
- the woman officially has the status of disabled;
- the spouse needs financial support.
These points must be proven in court.
Disabled persons are recognized as disabled people of groups I–II who cannot perform any work. As for the point about need, it is determined by a person’s inability to provide for himself. That is, the available payments do not cover basic needs.
It is important to combine both conditions for a woman to receive alimony.
The right of a common-law wife to alimony
Article 89 of the RF IC lists the cases in which alimony can be paid. This is not related to the amount of income, material well-being or ability to work of the payer. Moreover, the norm applies only to those who have officially formalized the relationship. This rule does not apply to persons living in a civil marriage.
Other cases
The court has the right to impose on a man the obligation to support a woman from whom he divorced, regardless of whether there were children in the marriage. In addition to the cases listed, there are several more. A man must pay alimony if:
- The spouse is recognized as disabled and in need during the marriage or for a year after its dissolution.
- The wife retired due to age or was recognized as needy within 5 years after the official breakup. This condition applies only if the couple has been married for a long time.
There is no definition of long or short time in current legislation. The judge decides this on an individual basis.
There are a number of conditions due to which a spouse cannot count on maintenance. Firstly, if she became incapacitated due to alcohol or drug abuse. Secondly, she committed an illegal act. Thirdly, she neglected her husband and did not fulfill her obligations to her children.
Example of an objection to a statement of claim
I will give one illustrative example of how I ruined the plaintiff’s plans to collect alimony for the maintenance of her ex-wife.
Vadim Nikolaevich approached me with a request to draw up an objection to the statement of claim of his ex-wife.
That's it
After reading the statement of claim, I prepared this:
You're probably anxious to find out what the judge ruled? Then look further.
Court decision in the case of collecting alimony for the maintenance of the ex-wife
Having studied the case materials, as well as the evidence presented in the case, the court made the following decision:
That's all.
The objections prepared by me helped the defendant win the dispute in the case of collecting alimony for the maintenance of his ex-wife.
If you are a defendant in the case, please contact me and I will help you draw up a competent objection to the statement of claim for the recovery of alimony for spousal support.
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Rights of the child's mother, ex-wife after divorce
Alas, the funds paid as child care benefits are catastrophically insufficient for everything necessary for the baby, not to mention the fact that the mother is also a living person who has needs that require material costs.
Both parents bear responsibilities to their children equally. In what form the father (mother) who does not live together with the child after the divorce provides support for minor children, they can determine independently.
In case of evasion of obligations, the party raising the child has the right to file claims for the recovery of alimony from the second spouse (former or, if the marriage is not dissolved, present, but not providing financial assistance) until he comes of age.
Not everyone knows that the woman herself has the right to receive alimony until the baby turns three years old.
Important! In accordance with the provisions of Art. 89 of the RF IC, if a common child is recognized as disabled, the father is obliged to pay alimony for the maintenance of the mother caring for him until he is 18 years old. If disability group I is established after adulthood, which in itself presupposes incapacity and the need for outside care, provide lifelong assistance in maintaining both the child and the mother.
