How to apply for alimony while married (without divorce)


Is it possible to apply for alimony without a divorce?

Question:

“We have a six-month-old child, so naturally I don’t work. The husband works, he has a normal salary, but “for the family” he brings mere pennies - only enough for groceries. The rest is put into his own deposit account. The child benefit is barely enough for my child to eat (he is artificial). For every pack of diapers, clothes, toys, you have to beg, and they don’t always give. I’m already silent about my needs. I’m not dying of hunger, of course, but I can’t buy myself literally anything, not even small things.

The husband is against divorce. I also don’t want to get a divorce yet, especially since they say it’s difficult and time-consuming with a small child, and if my husband doesn’t agree. Are there any ways to force my husband to give more money to me and the child? Is there alimony when living together?

Answer:

Yes, and not only for the maintenance of the child, but for the maintenance of the mother who is on leave to care for him. Article No. 89 of the RF IC regulates the financial responsibilities of both parents in relation to minor children.

The parent who has direct responsibilities for caring for the child can demand from the other the necessary funds for this in court. The presence or absence of a marital relationship between the child’s parents does not matter.

You can prepare a statement of claim in court to collect alimony from your husband. The court will satisfy your request, despite the fact that you and your husband are married and run a joint household. Moreover, you can also claim child support because you cannot support yourself while on maternity leave (until the child turns 3 or you go back to work).

The legislative framework

Based on the Family Code of the Russian Federation, Art. 89, spouses, having formalized their relationship, officially acquire responsibilities and rights providing for the division of their profits equally with the spouse. This is especially true for the wife’s maternity leave or her illness.

The law of the Russian Federation obliges spouses to financially support each other. Including when one of them has lost the ability to work, as a result of which he cannot provide for himself independently.

Attention!

Article 80 of the RF IC states that parents are obliged to support both their natural and adopted offspring. And here it does not matter whether the marriage is officially registered or not.

The essence of the law is that a parent, living together with his wife and child, or separately from them, must still take financial care of the child and satisfy his needs.

Who is eligible to claim spousal support?

According to the Family Code, spouses have certain financial responsibilities to their children and each other. According to the previously mentioned article No. 89 of the RF IC, the following have the right to receive alimony without divorce:

  • Common minor child
  • Group I disabled child before and after adulthood
  • Wife during pregnancy and caring for a child under 3, as well as when caring for a disabled child
  • Husband, if he is caring for a child under 3 years of age or a disabled child
  • Disabled husband or wife

ATTENTION! It is absolutely not necessary to file a divorce in order to receive alimony. The presence or absence of a marital relationship will not in any way affect the amount of alimony that is collected from the father or mother for the maintenance of children or each other.

When alimony obligations in a civil marriage terminate

Based on Art. 120 of the RF IC, the basis for termination of alimony payments may be:

  1. Acquisition by a child of full legal capacity - if it occurs before adulthood.
  2. Reaching 18 years of age.
  3. Death of alimony obligee or child.
  4. Adoption of a boy or girl by another person.

If an agreement on the payment of alimony was signed between the child’s parents, who are in a civil marriage, then it may contain other grounds for which payments are terminated. The main thing is that they do not contradict the norms of current legislation and do not infringe on the interests and rights of children born in an unregistered marriage.

If the recipient of alimony believes that the payments were stopped unreasonably, he can apply to the court to resume them.

How to collect alimony while married?

There are two legal ways to pay alimony, regardless of the presence or absence of a marital relationship between a man and a woman:

  • Alimony agreement
  • Judgment or order for collection

A voluntary agreement on the payment of alimony must be drawn up by the spouses and certified by a notary. In this case, it acquires the force of a writ of execution and becomes a full-fledged replacement for a writ of execution, according to which the FSSP can collect alimony from the debtor.

Alimony agreements are often concluded by divorcing spouses. But when collecting “marriage” alimony, they are almost never used. After all, if a husband and wife can agree on the procedure for incurring material expenses for children and each other, they have no need to enter into such an agreement. And if disagreements in this area within the family cannot be overcome, then the only way to resolve it is through litigation.

The trial, of course, is much more troublesome and emotionally unpleasant. After all, no matter how you look at it, it is also “washing dirty linen in public,” and this is always traumatic.

But it happens that an irresponsible spouse and parent simply leaves their partner no other choice; the survival of the child or himself is at stake.

Some consolation may perhaps come from the fact that court fees are not collected from the plaintiff when considering such cases. The alimony payer will pay it.

Alimony agreement

In some situations, sensible spouses can agree and jointly decide on the issue of financial support for the child. If the child is registered with a spouse, concluding an agreement is the most convenient and simplest way to arrange alimony. When reaching a compromise between spouses, the essence must be stated in writing.

What does the alimony agreement provide for:

  • established payment amount;
  • procedure for calculating the amount of alimony;
  • timing and regularity of payments;
  • procedure for transferring funds.

Agreement on payment of alimony (sample)

Important! The document must be drawn up in a notary office and certified by a notary. This action equates it to a writ of execution and gives the right to apply to the bailiff service.

What documents will be required to conclude an alimony agreement:

  • parents' passports;
  • birth certificate of a minor;
  • document confirming paternity;
  • certificate of income of the payer;
  • recipient's bank details.

The agreement is drawn up on a specially designed form and certified by the signatures of the parties and a notary. Once completed, the original document is issued to both parties.

How and where to apply for alimony without divorce?

The reason for the fact that the procedure for collecting alimony in marriage is considered rare and complex is due to ordinary legal illiteracy, which, unfortunately, is typical for Russia, which is just emerging as a legal society. In fact, “marital” child support is no different from those issued after a divorce.

The exact same statement of claim and accompanying documents are required. The procedure for judicial review and execution of a decision is not just similar, but even simpler. Child support during a marriage is collected faster than at the same time as a divorce.

The application is submitted to the magistrate's court at the place of residence of the family. We will tell you what documents you will need below.

How to apply

A correctly drawn up application with a package of accompanying documents is submitted to the court office, where it is registered and accepted for consideration.

  1. On purpose, i.e. take it personally to the office.
  2. Submit through a representative, attaching a power of attorney to the application. When collecting money through legal proceedings, it is advisable to choose a lawyer as a trustee who will further represent your interests in the lawsuit.
  3. Send by registered or certified mail with a list of the contents.
  4. Through the state Internet portal of State Services - if there is a technical possibility for this.

If you are married and living with your spouse, send your application for alimony to the court at your place of common registration. Lawyers recommend that if the spouses have not dissolved their marriage and do not live together, they should send an application to the court at the defendant’s place of residence. Thus, the order on the payment of alimony will quickly get from the court to the bailiff service.

Claim or writ proceedings?

The requirement of one parent to another regarding participation in providing for the child is classified as indisputable and does not require proof of necessity. Therefore, it can be considered by the courts in a simplified order. In this case, what is required is not a lawsuit, but an application to collect alimony from the father or mother. You can find a similar application form on the Internet and write a similar one with your data.

Order proceedings are preferable for all parties - it allows the case to be resolved quickly and does not require the mandatory participation of the participants in the process. Since in the case of “marriage” alimony the alimony payer does not have to search for or prove paternity, almost all such cases are resolved by order. The court issues an order, it is sent to the place of work of the alimony payer, after which the accounting department begins to transfer the required amounts to the second spouse.

Claim proceedings are used only in complex, complicated disputed cases, for example, when a spouse files a counterclaim, challenging his paternity, or presents evidence according to which the amount of alimony should be reduced (illness, difficult financial situation, disabled parents whom he supports, etc.) .d.).

FAQ

Q: Is it possible to receive child support for a child over 18 years of age?

A: After 18 years of age, payments are due only to a disabled child who is unable to work and needs financial assistance. You will be able to receive alimony for an adult child if you conclude an agreement on alimony - in this document you can specify any conditions that do not contradict the law and with which your spouse agrees. Even without a smartphone or tablet, you can find a method to run Android applications on your personal computer. To do this, you need to use an emulator right now. It is capable of running any apk files even on weak computers that maximally support only the seventh version of the Windows operating system.

Q: If the child is an adult and is studying at a university, is it possible to demand alimony from the spouse?

A: Studying at a university, even full-time, is not a disability; as of 2021, there are no legislative acts on the mandatory maintenance of students, and the court does not satisfy all applications without exception with such motivation.

Q: How can I apply for alimony if the divorce has not been filed, but I have not maintained contact with my husband for several years and it is unknown where he is?

A: Submit an application according to the samples given at the beginning of the article, indicating in it the last address of your spouse known to you.

Q: Will the court order alimony if a spouse is deprived of parental rights?

A: Please refer to Art. 71 IC RF. Deprivation of parental rights does not relieve parents from child support obligations. The spouse must pay maintenance, the amount of which depends on the number of children in the family. If your spouse’s income is unstable, then file a claim for alimony in a fixed amount.

Q: If my spouse is unemployed, will alimony be assessed?

A: If you have unemployed status, alimony will be calculated in the specified proportions relative to the minimum wage in the region of residence of the minor.

Q: How can I justify expenses for a child in a statement of claim?

A: On a separate sheet of paper, make a list of the things your child needs in everyday life, toys, books, food, medicines, indicating their quantity and price. Divide the amount by 2 and write it down in the application. Attach copies of receipts from kindergarten, school, clubs, housing payments, medical reports and appointments.

Q: Is child support required for an adopted child?

A: Adoptive parents and adopted children are considered by law to be relatives by origin. Your spouse is obliged to pay alimony for the maintenance and upbringing of the child. Apply for a court order or file a statement of claim.

Q: What must be indicated in the application for payment of alimony for the past period?

A: Alimony is collected within a 3-year period from the date of filing the claim. But you need to prove that you approached your spouse with a request to pay alimony or with a proposal to enter into a voluntary agreement. The measures taken are considered to be the sending of letters, telegrams, messages with a requirement to support the child and the refusal of the spouse.

Q: What should I include in an application for child support for a disabled child?

A: Please provide a link to Art. in your application. 85 of the RF IC, which reflects the obligation of parents to support an incapacitated disabled child, including after he or she comes of age. To make a claim, justify the amount of alimony, attach evidence of incapacity for work (certificates, conclusions) and need for maintenance (certificates of your income and the income of the disabled person).

Q: What should I indicate in an application for alimony for a minor child if the spouse already pays alimony to children from a previous marriage?

A: All children have the right to equal amounts of support from a parent. The application should reflect the real reason for the application, i.e. ask the court to “bring the amount of child support in accordance with the law.” In the statement of claim, it is enough to indicate information about children from other marriages, details of documents on the collection of alimony and information about your joint children.

Q: At what point does spousal support begin to accrue?

A: Alimony, both during marriage and after divorce, is calculated from the moment the application is filed with the court, and not from the date the court makes a decision or issues a court order.

Q: Is a pregnant wife entitled to alimony?

A: St. 89 of the RF IC obliges a husband to support his pregnant wife. In the statement of claim, indicate the reason for termination of voluntary support, attach a certificate of pregnancy, and also justify the amount of support you need and the availability of your spouse to bear this responsibility (certificate of income, bank card statements about expenses, etc.).

Q: How can I get alimony for myself?

A: Collection of alimony “for yourself” under Art. 89 of the RF IC is allowed if the marriage was officially registered. The application is considered only in the manner of claim proceedings. Provide the court with evidence of financial hardship and proof of actual expenses (receipts for food, clothing, utility bills, and medical bills).

Q: Is it possible to apply to the court to collect alimony if an agreement to pay it has already been drawn up and notarized?

A: You have the right to go to court if there is no agreement on the payment of alimony (Article 106 of the RF IC). You can initiate a lawsuit by first terminating the agreement (by mutual agreement or in court), or by combining in one statement of claim the demand for termination of the alimony agreement and the collection of alimony (Article 151 of the Code of Civil Procedure of the Russian Federation).

Where to submit documents?

As stated earlier, alimony cases are considered by magistrates' courts in all cases where there is no serious disagreement about the legality of alimony claims or the need to determine the whereabouts of the alimony payer.

ATTENTION! According to the rules, the application is submitted at the place of residence of the alimony payer. In a marriage, most often the entire family is registered at one address. But even if this is not the case, you can also submit an application to the territorial magistrate court at your place of residence - this is allowed.

Crib

  1. You can submit an application for forced collection of alimony without filing a request for divorce. At the same time, you can either continue to live with your spouse or separate.
  2. Both parents are required to support their children. You can demand alimony not only from a working spouse, but also from the spouse of a disabled person, a pensioner, an unemployed person, or someone serving a prison sentence. The law also provides for the collection of alimony from a spouse deprived of parental rights for cruel treatment of a minor or for committing a crime against his life and health.
  3. In addition to collecting child support, you can file a claim for collecting alimony in your favor. The amount of alimony is established by the court on an individual basis, taking into account the financial condition of the parties, the presence of other disabled dependents of the defendant, and the health status of the participants in the trial.
  4. When submitting an application, the claimant is exempt from paying the state fee (both for one and for all children, 150 rubles), and the defendant will pay it. If a case of collecting alimony for a child and “for oneself” is being considered, then the state duty will be 300 rubles.
  5. The application form can be obtained from the court office, or you can download and fill it out according to the sample, following the procedure for writing an application and recommendations for execution given in this article.
  6. The form and content of a claim and an application for a court order do not have any key differences and are drawn up according to the same rules.
  7. The procedure for filing applications for alimony has changed since October 1, 2019. Applications for the collection of alimony by court order are submitted to the magistrate's court, and statements of claim are now considered by district courts. You need to send the claim with copies of the attached documents to your spouse yourself and this should be done before going to court.
  8. When preparing a package of documents, adhere to the rule that you need to confirm all the facts mentioned in the claim.

Have you managed to collect alimony from your spouse without dissolving the marriage? Have you asked a lawyer for help in drawing up an application for alimony without a divorce or did you manage it on your own?

So, the document must contain the following information:

  • Name of the specific magistrate's court to which the application is being filed
  • Full name, place of residence, contact details of the applicant and respondent
  • Information about the marriage (when and how the registry office is registered)
  • Information about children for whom child support is being collected (full name, date of birth)
  • Information about the place of work of the parent from whom child support is being collected
  • A concise and clear description of the circumstances: the fact of living together or separately, the absence or insufficiency of material support, the inability to independently provide for children.
  • Demand to collect alimony. Its essence should be stated clearly and specifically, for example: “I ask you to collect from (full name) alimony for the maintenance of (full name) in the amount of a percentage of earnings (the percentage depends on the number of children) until the child (children) reaches adulthood.”
  • List of attached documents (more about them below)
  • Personal signature of the applicants and date of filing the application or claim

ATTENTION! The full package of documents is submitted in two copies (one of them the court will send to the defendant for review). If demands for child support and a needy second parent are submitted at the same time, there must be two applications - a separate one for the children, and a separate one for oneself.

Amount of alimony

The amount of alimony payments does not depend on whether the parents were in a civil marriage or an official one. A child cannot be infringed on his rights to maintenance. In the Russian Federation there is no maximum or minimum amount of alimony. What determines the amount of alimony payments:

Accrual methodCan be set as a percentage or a fixed monetary amount. The first depends on the number of children and the income of the payer, and the second depends on the cost of living established in the region and the financial situation of the parties
Payer's positionThis is his social and material status - pensioner, disabled, unemployed. This also includes the presence of other dependent citizens, for example, parents or children from another marriage
Baby's positionThis could be a child requiring long-term care or a disabled child

Expert commentary

Gorbunova Olga

Lawyer

The amount of alimony arranged through an agreement is established by agreement of the parents. It cannot be lower than what could be assigned by the court. When collecting through the court, the amount of payments depends on how the judge evaluates the arguments presented at the trial and takes into account the interests of the parties.

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What documents are needed?

The documents required for the court can be divided into two categories:

  1. Confirming the legal grounds for receiving alimony:
  • Birth certificates of children indicating the names of parents
  • Marriage certificate
  • A certificate from the housing office confirming that the applicant lives with the child (this is a necessary condition for receiving alimony)
  1. Demonstrating the income level of family members:
  • Documents about the applicant's income: salary certificate from the place of work, sick leave for pregnancy, document confirming being on leave to care for a child up to 3 years old, document on pension or receipt of social disability benefits
  • Documents on the defendant’s income: salary certificate from the place of work, documents on additional income (lease agreement for real estate owned by the defendant, deposit agreements, tax returns, etc.)

The applicant’s task is to document to the court that the second parent does not provide for the child’s needs, despite the fact that he has such an opportunity. And also your need for additional funds to provide for your children.

If we are talking about a fixed amount, it can be justified by attaching a set of receipts and checks confirming monthly expenses for the child: purchase of clothes, shoes, medicines, baby care products, food, payment for clubs, sections, additional education.

Professional lawyers recommend approaching the issue of preparing the second category of documents with particular seriousness. Each “piece of paper” works for you and can affect the final amount of alimony collected.

Nuances of legal proceedings

Litigation involves an adversarial process between the parties. The applicant will have to work hard to substantiate his position. The goal is to prove that the defendant is truly not involved in the child's life.

At the same time, a potential alimony payer can provide almost any evidence of fulfillment of parental obligations. Most often, the defendant tells the court that he:

  • does not work, has no income, but manages the household and raises and cares for the child;
  • has no cash income, but participates in the life of the family non-financially - for example, grows agricultural products on a personal or summer cottage, makes furniture, builds a house for his family, etc.;
  • has irregular or unofficial income, which he invests in the family budget.

Therefore, the main task of the plaintiff is to indicate in the claim that there is no actual assistance from the defendant. And since unfounded statements are not accepted, you will have to justify your position with evidence.

Applications and evidence

If you compare the sample statement of claim for alimony outside of marriage and within marriage, you will notice that the annexes to the claim partially coincide. In particular, the “general” package of documents includes:

  • plaintiff's identity card;
  • documents for the child;
  • certificate of income of the defendant (if available).

But they differ in that when applying for alimony in marriage, documents about the marriage are attached to the claim, but there is no certificate of its dissolution. In this regard, the following will be used as evidence in the case:

  • confirmation of content - documents confirming payment for goods and services to the child (fees for the sports section, receipts for the purchase of clothing, stationery, toys, etc.);
  • confirmation of payment for utilities;
  • confirmation of payment for meals at school and kindergarten;
  • characteristics from school, kindergarten, clinic;
  • information about witnesses and the testimony itself, from which it can be concluded that the defendant does not participate in the life of the family.

Important! In each individual case, strictly defined evidence in the case is applicable.

Expenses

In Russia, cases related to the collection of alimony require almost no expenses from the plaintiff. You will have to pay:

  • state duty - 150 rubles. (Article 333.19 of the Tax Code of the Russian Federation);
  • preparation of documents and collection of evidence;
  • legal services (preparation of a claim, representation in court, etc.).

The law allows you to recover from the defendant all costs associated with the lawsuit to collect alimony.

How much can you collect alimony while married?

Alimony is calculated in two ways:

  • As a percentage of salary
  • As a fixed amount

When calculating alimony in a marriage, any of the methods can be used, depending on which method is more in the interests of the child or the disabled, needy spouse.

The interest rate of child support is regulated by Article No. 81 of the RF IC:

  • A quarter of an adult's income per child (25%)
  • A third of an adult’s income goes to two children (33%)
  • Half of an adult's income for three or more children (50%)

This type of calculation is used when the alimony payer is officially employed, receives a “white” salary, and does not give reason to suspect that, in addition to the official one, he has a hidden source of income.

The calculation of a fixed alimony amount is regulated by Article No. 83 of the RF IC. It is used if the parent does not have a permanent income, or the income is difficult to routinely calculate (for example, the salary is paid in foreign currency or in natural products). The amount is set by the court, based on the minimum wage and minimum wage, and is calculated based on the financial capabilities of the parents and the needs of the child.

For a disabled spouse in need, alimony is established exclusively in the form of a fixed amount.

Current questions and answers

Question 1.

How is alimony calculated for a wife?
Answer 1.
The amount of alimony payment in respect of a spouse is established as a fixed amount. But here the husband’s income and the wife’s real expenses are taken into account, the amount of which should not exceed the permissible minimum.

Question 2.

Based on judicial practice, in what cases does the court most often refuse to grant alimony deductions in marriage?
Answer 2.
The court often refuses to collect alimony from a wife if there is a common household, when there is no concrete evidence or witnesses that the spouse does not spend money on buying clothes for the child and does not bear the costs of organizing his leisure time. What is important here is the testimony of witnesses that the family has a separate budget and the child is constantly in need.

Question 3.

What cases are considered by the court as “failure to provide maintenance” to a child?
Answer 3.
By the phrase “failure to provide maintenance” to the child on the part of the father, the court means a categorical failure to provide funds for the needs of the child or very rarely providing money in insufficient quantities.

Judgment (court order)

As mentioned above, writ proceedings are the easiest way of legal proceedings. The time interval between filing an application and making a decision on collection is only 5 days.

Plus, the court does not summon the applicant and the defendant to the hearing, but considers the submitted documents independently. By the way, this is another reason to take the most responsible approach to collecting documents justifying the amount of payments. The documents will “speak” for you.

If the court finds the claims to be justified, it makes a decision, determines the amount or percentage of the income, and notifies both parties of its verdict.

The main nuances of recognizing paternity and collecting alimony outside of marriage

When making a decision, the court is guided by the evidence presented by the parties:

  1. If there are DNA test results, this may not be enough to make a decision.
  2. If the defendant misses court dates without good reason or refuses to take testing, the judge will take this into account. In such cases, a decision is made on the basis of the evidence presented.
  3. If there are difficulties with conducting a forensic medical examination, and the plaintiff insists on this, then the consideration of the case may take several months.

The calculation of alimony begins from the moment the application is filed with the court.

ATTENTION! The parent designated as the child support payer has 10 days to appeal the court's decision. If this happens, the court order is canceled and the consideration of the case continues, but in a lawsuit.

If the alimony payer has not appealed the order, after 10 days it comes into force. By court order, alimony can be collected forcibly through the FSSP. The start date of collection begins to be considered not the day of contacting the bailiffs, and not even the day the verdict comes into force. Alimony will begin to be calculated from the day you go to court - the date specified in the application.

Execution of the court order is mandatory. Otherwise, the alimony payer may be brought to administrative and even criminal liability.

Collection of alimony for a child out of wedlock: judicial practice

The nature of the relationship between parents and children does not in any way affect the collection and amount of alimony. If a child was born out of wedlock or in wedlock, from a legal point of view this should not affect his maintenance: both parents must participate financially in this.

Typically, courts satisfy demands to establish paternity and collect child support payments:

  1. During the cohabitation of the plaintiff with the defendant, a child was born. The man did not recognize the relationship. The plaintiff decided to establish it and collect alimony through the court. Decision No. 2-1067/2019 2-22/2020 2-22/2020(2-1067/2019;)~M-994/2019 M-994/2019 dated February 10, 2021 in case No. 2-1067/2019 requirements are satisfied.
  2. Three years before going to court, the plaintiff lived with the defendant in an unofficial marriage, and a child was born. When going to court, she demanded to establish paternity and collect alimony from the man. By decision No. 2-208/2020 2-208/2020~M-143/2020 M-143/2020 dated May 19, 2020 in case No. 2-208/2020, the claims were satisfied in full.
  3. The woman had a daughter out of wedlock; the man refused to acknowledge himself as the father. She established a relationship and demanded alimony through the court. By decision No. 2-1234/2020 2-7196/2019 dated February 6, 2021 in case No. 2-1017/2018(2-6462/2017;)~M-6470/2017, the requirements were satisfied.

Results

So, let’s highlight the main points of the topic presented in this article:

  • To receive alimony from a parent who evades financial support for a child, it is not necessary to officially dissolve the marriage
  • In addition to the child, a spouse who is disabled or in need of financial support has the right to alimony in marriage
  • Alimony can be obtained either voluntarily (by agreement) or through the court (by receiving a court order or having achieved satisfaction of a claim)
  • To obtain a court order, you need to submit a certain set of documents to the magistrate's court.
  • The applicant does not pay the state fee
  • Consideration of a case by order does not require the presence of the parties in court
  • The case is considered within 5 days after filing the application
  • The court order can be appealed within 10 days. If there is no appeal, after these 10 days the order comes into force.
  • The start date of alimony payments is the date of filing the application with the court
  • If the alimony payer refuses to voluntarily comply with the court decision, the order may be transferred to the FSSP
  • For non-payment of alimony, a court decision provides for administrative or criminal liability.

If you have any questions or require clarification of this or that point in relation to a specific situation, please contact the lawyers of the Prav.io portal.

If the collection of alimony in marriage requires legal proceedings, you can find a family lawyer on the portal who will help you win the case in court.

Voluntary receipt of alimony from a common-law husband

Voluntary registration of paternity in the registry office is regulated by Article No. 48 of the Insurance Code. To do this, the mother and father need to write a joint statement as soon as possible after the birth of the child. If the father has a long trip or business trip ahead, this can be done even before the baby is born.

Articles No. 100 and No. 99 of the IC determine how to receive alimony from an unofficial ex-husband, if he does not mind paying it. To do this, you need to conclude a notarized alimony agreement.

To draw up this alimony agreement, you need to provide the notary with:

  • passports of unofficial spouses;
  • a certificate from the man about his salary for the last 3 months;
  • certificates of consent to paternity and birth of the child;
  • information about the bank card or account to which the money will be transferred.

The text of the agreement must specify the procedure, terms and amounts of alimony payments. This document has the same legal force as a writ of execution. It determines the methods of action in the event of absence or significant delays in payments from the former unofficial husband. You can contact bailiffs or the payer’s place of work with this agreement so that funds for the child are forcibly withheld.

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