Financial support for a child is a shared responsibility of both parents. To resolve this issue, it does not matter whether they are spouses or whether their marriage is not registered. The one who is not raising the child and with whom he does not live will pay alimony. More often it is the father. Alimony if the marriage is not registered is more difficult to collect than with a registered official marriage.
Conditions for receiving financial assistance
Legalized relations between a man and a woman regulate their financial and legal interaction. Raising and maintaining joint children is another aspect of their common responsibility. Therefore, it is possible to file for alimony without being married and collect it from the father if he:
- participated in the registration of the child in the civil registry office and, with his consent, personal data was indicated in the “father” column;
- recognized as a parent by court decision.
If the second parent is not indicated in the birth documents, collecting alimony if the marriage is not registered, there is a dash in the column about the second parent, and there is no court decision recognizing paternity, will be very difficult, almost impossible. To apply for alimony if the marriage is not registered, it is worth understanding the reason why the “father” line was left blank:
- the man recognizes the child as his own, but for good reasons was unable to attend the registration;
- the mother does not want to include information about the biological father on the birth certificate;
- the father refuses to acknowledge the relationship.
Each of them determines how to proceed further in order to receive alimony. The first case is the simplest. Parents who apply for child support outside of marriage should contact the judicial authority or the territorial registry office and obtain a document confirming the fact of paternity. After this, an amendment is made to the child’s birth certificate.
The last two cases are grounds for litigation. Often a woman, finding herself in a similar situation, asks the question: “How to apply for alimony if we are not married and prove that this man is the father of my child?” After all, without this, it will not be possible to collect alimony from him.
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Confirmation of relationship through court
It happens that the parent himself does not object to proving the relationship. When going to court, he needs to know what documents, in addition to the statement of claim, he needs to provide. The package of documents is completed with originals and copies:
- own passport;
- child's birth certificate;
- evidence of relationship (99.9% positive DNA test, witness statements, joint photos, other documentary sources).
Is it possible to collect alimony if the father refuses to be related? It is possible, but proving this fact in order to receive alimony falls on the mother. In this case, she files a claim with the court and provides the necessary documents:
- metrics of children for whom he wants to receive child support;
- identification documents (passport);
- personal information of the putative father;
- evidence of paternity (positive results of genetic studies, joint photos, videos from family albums of father, mother and child, eyewitness accounts, other documents, direct and indirect evidence).
Art. 49 of the Family Code of the Russian Federation states: “... the court takes into account any evidence that reliably confirms the origin of the child from a specific person.” If a DNA test is not performed and the intended second parent, from whom they want to collect child support outside of marriage, refuses to provide biological samples, the judge may order a compulsory examination. Because without its results, applying for alimony without being married is ineffective.
The plaintiff pays for the genetic analysis. If it gives positive results, the defendant is obliged to reimburse the money.
Court decisions
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Claim for communication with a child
Algorithm of actions after establishing paternity
After the fact of relationship has been established in court, parents will be able to file for alimony if the marriage is not registered in different ways. You can enter into an agreement to pay alimony - this will save them from unnecessary hassle. The parents' settlement agreement must contain:
- terms and conditions of payment;
- amount of alimony.
When determining the amount of payments, it is worth taking into account that, according to Art. 103 of the Family Code of the Russian Federation, they should not be less than those established by law. This document, drawn up to collect alimony if the marriage is not registered, will acquire legal force after it is signed by both parents and endorsed by a notary. What documents will be required in addition to the settlement agreement to formalize alimony?
Before submitting it for execution and endorsement, the notary will require a document establishing the relationship with both parents, as well as identifying them and the child. It is possible to collect alimony under it in the same way as under a writ of execution or a court order. In this case, you will not have to go to court for child support for a child born out of wedlock.
If documents for alimony cannot be drawn up by mutual agreement, then you need to apply for alimony to the court. What documents are needed to apply to the magistrate with a statement of claim and where exactly? Documents for child support must be submitted to the site where the father lives. The court office will explain to the mother what documents must be provided to collect child support for a child who was not born in wedlock. These include:
- passport (and its copy);
- birth certificate of the children for whom maintenance is being sought (and a copy);
- court decision establishing paternity (or certificate);
- a certificate from the housing office or passport office about family composition;
- information about the defendant’s place of residence;
- information about the father’s place of employment;
- information about all possible sources of income.
All these supporting documents are needed. Having studied them, the judge often decides that it is possible to do without a court hearing. He issues a court order to assign and collect alimony. Their size, regulated by law, is also indicated here. They will be collected from all income received by the defendant. The plaintiff, defendant and the bailiff service receive copies of the order. These documents are required by those registered with the bailiff service and received by the recipients against receipt. After this, the court order will be executed.
You will have to contact a district or city court when:
- the sources of income and place of residence of the second parent are unknown;
- The statement of claim sets out the demand for payments in the established monetary equivalent.
What additional documents will be required to be submitted along with the statement of claim in this case? The package of documents is standard, as for a magistrate, with nuances for each specific case. In such a situation, the decision is sent along with the writ of execution to the bailiffs. They will look for the defendant and demand alimony from him.
Alimony to the wife of a disabled person and a pensioner
So, according to the law, if the ex-wife...
- lost her ability to work and became disabled during her married life or during the first year after divorce,
- reached retirement age within five years after the divorce, if the married life was long,
... she has the right to receive maintenance from her ex-husband.
How much alimony will a disabled wife and a pensioner receive from her husband?
A disabled ex-wife or a pensioner can obtain payments in two ways:
- Reach a peaceful agreement with your ex-husband: verbally or in writing;
- By filing a claim in court - if the former spouses cannot themselves determine the amount of alimony acceptable to both of them, or if the agreement reached by the ex-husband is not fulfilled.
For neither the first nor the second method of collection, the law does not determine the minimum or maximum amount of monthly payments. The amount of alimony is set at a fixed amount and depends on specific circumstances. The decisive factors will be the very need and inability to work, which must be proven in court, as well as the husband’s ability to support his wife. The court will analyze the age, state of health, financial situation, family circumstances of the woman and man , and then establish a monthly fixed amount of alimony payment. As a rule, the court focuses on the cost of living in the woman’s region of residence.
Basal temperature from A to
Why the wife doesn’t file for alimony I hear talk about how the child will grow up and the dad will file for alimony very often. "The less you know the better you sleep?" Perhaps, but this is not a way out of the situation, because you cannot get anything if you don’t even try.
Forgive me for my harshness, but this is disgusting on the part of my ex-husband. Situations where fathers want to deceive their own children have always infuriated me. As I understood from Katya’s words, my husband’s income is quite decent, but mostly unofficial. He's just deceiving everyone!
Contacting the FSSP authorities
Does your ex-husband pay little alimony? What to do and where to look for help Periodically, proposals arise to establish a minimum amount of alimony payments. But, in this case, the state will have to make sure that the income level of any payer makes it easy to give this very minimum amount of funds in favor of the child. If the ex-husband pays small alimony, then this is, in principle, not a crime, provided that he does not hide his income.
Of course, bailiffs need help in their activities: at a minimum, tell them in which direction to look for money, some of which can be withheld as alimony.
Voluntary procedure for obtaining alimony for a wife from her husband
Spouses have the right to enter into an alimony agreement, which will stipulate all the conditions for the husband to pay alimony to the wife. This is provided for in Art. 91 RF IC.
An oral form of agreement is also allowed, but in this case there are no guarantees of its implementation and no legal methods of forced collection of the due amounts. Therefore, it is so important that the agreement be drawn up in writing and certified by a notary - then it acquires the legal force of a writ of execution.
The alimony agreement must indicate:
- Information about the parties: full name, date of birth, passport details, place of residence and permanent registration;
- Reached agreements:
- On what basis is alimony paid?
- payment terms (indefinitely or within an agreed time period),
- exact fixed payment amount,
- frequency of payments (for example, weekly, monthly, quarterly),
- payment method (cash or bank transfer);
- additional conditions;
- Date of;
- Signatures of the parties.
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When does a wife lose the right to alimony from her husband?
The law provides for circumstances in which a husband may be exempt from paying alimony or may receive a restriction in paying alimony to his wife. This…
- Short period of marriage . The law does not provide for a specific period; the court determines it based on the circumstances;
- Unworthy behavior of the wife in the family (for example, neglect of her marital responsibilities, rudeness or inattention to her husband and children, adultery, immoral lifestyle, abuse of alcohol or drugs, etc.);
- The onset of the wife's incapacity to work due to her own fault (for example, due to alcohol or drug abuse, committing a crime).
It should also be said that the wife’s right to receive alimony from her husband terminates if she enters into a new marriage.
In addition, regardless of the circumstances giving the right to alimony, the husband is obliged to support his wife only if he has such an opportunity. The lack of official income removes this responsibility from the husband - it will be difficult for the wife to get help, even if she knows about decent unofficial earnings.
