Is it possible to apply for alimony while married?
“You can apply for alimony during marriage; there are no prohibitions or special conditions in the law,” clarifies Ruzanna Khanamiryan. — Alimony is money that is paid for the maintenance of a child. And if a parent does not give this money even during marriage, the second has the right to go to court and collect the money.”
Usually the situation looks like this: the father left the family and stopped all contact with his wife and children. Doesn't provide financial assistance, doesn't answer calls, doesn't send messages. This position of the father does not cancel the obligations established by law. Moreover, a mother should not leave her husband alone and sit waiting for everything to resolve itself. The lawyer recommends sending your spouse SMS messages or emails, which can be very useful in court.
“If a parent has not been involved in the financial support of their children for a long time, money can be recovered for the past three years,” continues lawyer Ruzanna Khanamiryan. “But in this case it will be necessary to prove that the other party tried to get the money, but failed to do so voluntarily. As evidence in court, you can provide SMS messages with the following content: when you send money for child support, how long will you have to wait for alimony? They will help convince the court that attempts were made to reach an agreement with the second parent, but were unsuccessful.”
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When can I submit an application?
The recipient can submit an application regarding alimony issues only on the basis of a paper that clearly states the conditions and the need to make payments in relation to the child. It may be an agreement drawn up and signed by both former spouses, or a decision made on a claim by a court.
Most often, the application is sent with the provision of a voluntary agreement. Such a document is concluded by the child’s parents before or after a divorce and contains basic information on payments: terms, amount and other conditions. The agreement must be notarized, since without a seal it has no legal force.
The recipient can submit an application for alimony to the payer’s employer at any convenient time. However, as practice shows, this is best done immediately after the divorce to avoid delays.
Payment amounts
The size of the monthly payment is determined by the income of the parent from whom alimony is being collected and the number of children in the family. If there is only one child, the law requires one-fourth of all income to be paid for his maintenance. For two children you need to pay one third, and for three or more - half.
When assigning an amount, they take into account not only wages, but also other official income of the person - for example, money from renting out real estate or professional activities, part-time work. The other party will have to prove that these incomes exist. If the mother files for collection of alimony, she must provide the court with evidence that the father, in addition to his salary, has other sources of income. You must provide information about your place of work, part-time work, account information and bank cards. If this information is not available, it can be requested through the court.
You can claim money not as a percentage of your father’s earnings, but as a fixed amount. This is preferable if the parent often changes jobs or hides income. The minimum amount in Russia today is set at 14,900 rubles per child. There is no maximum threshold.
“If a child has special needs, for example due to a disability or chronic illness, he needs regular treatment and the purchase of medicines, the mother can present these arguments in court and demand a large amount that covers half of all monthly expenses for the child,” the lawyer clarifies. Ruzanna Khanamiryan.
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The following documents are attached to the application:
- a copy of the statement of claim for the alimony;
- marriage document;
- a document that certifies the child’s cohabitation with the applicant;
- documents stating the salaries of both parents;
- an extract from the house register stating the residence of the alimony worker at the address noted in the appeal and a copy thereof;
- a document stating the fact of incapacity for work, and 2 copies of it (alimony for a disabled child over 18 years of age);
- any other important papers at the discretion of the applicant.
The Tax Code establishes a state duty of 150 rubles. If you require maintenance of both the child and yourself (the parent), the fee will double and will already be 300 rubles. After consideration of the dispute, the amount of state duty will be recovered from the losing party.
How to apply for alimony without divorce
There are two ways to obtain alimony through the court. If everything is clear with the father’s income and there is no need to prove anything, you can apply for a court order. To do this, it is enough to provide the court with the passport of the parent who is applying for payment and the birth certificates of the children.
The court order is issued quickly; you can receive the document in your hands on the same day of application. You need to go with him to the executive service and write an application for the collection of alimony. After this, bailiffs begin their work, who every month will withdraw the amount established by the court from the father’s salary and transfer it to the mother’s account.
If the income of a negligent parent needs to be confirmed or proven that over the past years he has not participated in the maintenance of children, it is necessary to file a claim. In this case, other documents will be required:
- mother's passport;
- birth certificates of all children;
- information about the defendant father (place of work, details of his bank accounts, cards);
- confirmation of sources of income.
“In court, you need to prove that a person has income,” notes lawyer Ruzanna Khanamiryan. “And to do this, you can request information about accounts and the movement of money through them through the court.”
It is important to understand that discovering the income of the defaulter is the task of the injured party. Therefore, it would not be superfluous to go to your spouse’s work and ask the accounting department for a certificate of income. It is possible that he provided completely the wrong paper for the court. It’s worth talking to your boss and explaining that the employee doesn’t want to take part in the children’s lives. It is unlikely that the team will praise you for this; perhaps the intervention of management will be enough to finally see alimony payments.
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The claim was filed incorrectly
Divorce proceedings are a procedure that is often accompanied by excessive emotionality. Quite often, spouses react aggressively to each other. Some feel regret, resentment or anger. It is against the backdrop of these conditions that rash actions are taken.
Sometimes the appeal may be drafted incorrectly. They write incorrect data in it and forget to indicate some information. The question then becomes whether the couple can re-file for divorce. Everyone has the opportunity to send a new appeal to the state body, which must subsequently issue a certificate of dissolution of the union. However, if the first claim was not accepted, you will have to wait longer for the results, since the consideration of each appeal takes time.
How to collect money
The courts usually take the side of the parent with whom the children live when considering child support cases. Even if the defendant does not appear in court, a decision will be made and the writ of execution will be transferred to the enforcement service.
Bailiffs collect money for child support from official income. If there are none, the defendant is given six months to find sources of income and start paying money. In six months, strict measures may be taken.
“If a parent does not pay child support, administrative measures may be taken against him,” comments lawyer Ruzanna Khanamiryan. — They may be required to pay a fine or be sent to perform compulsory labor. Criminal liability may also be applied if the bailiff confirms that the parent does not pay the money intentionally and hides his income.”
In this case, the defaulter is again sued, but this is no longer done by the injured party, but by the bailiff. Upon the request of the bailiff, the court decides on the measure of influence. A child support evader can be sent to the streets and even sent to prison. And if a parent has even a small debt in child support, he will not be able to travel abroad. The defaulter will be detained right at the airport and sent back.
Certificate received twice
After the court decision is made, it is necessary to obtain a certificate of divorce. The registry office is responsible for the issuance. You will receive more than just certificates. The civil registry office will put a corresponding stamp in the passport of each spouse.
Printing problems may occur in the following cases:
- The bearer has lost the passport, the document is expired or is in a condition requiring reissue.
- The ID is fake.
To put an end to the divorce process, it is enough to contact the registry office. You can also get a certificate through State Services. It is much more convenient to do this using the state portal.
How much alimony should I pay?
What the amount of payments will be depends on the financial well-being of the plaintiff and defendant, as well as the number of children. If there is one child, then ¼ of the income is withdrawn, if there are two, then 1/3. When child support is required for three, four or more children, the defendant is awarded ½ of the monthly earnings.
A decrease or increase in these shares is possible. Such court decisions are influenced by such factors as the total amount of property and income level, marital status. The main criterion for the judge is that the child must maintain the level of security that was before the parents separated.
The court order only orders the payment of a share of the income. After the trial, it is possible to recover a certain amount. This is done in case of debt or concealment of the full amount of income, when the allotted share of official earnings is too small to ensure a normal standard of living for the child.
Sources:
RF IC Article 80. Responsibilities of parents for the maintenance of minor children
RF IC Article 85. Right to alimony for disabled adult children
Code of Civil Procedure of the Russian Federation Article 122. Requirements for which a court order is issued
RF IC Article 81. Amount of alimony collected from minor children in court
RF IC Article 83. Collection of alimony for minor children in a fixed sum of money
Code of Civil Procedure of the Russian Federation Article 124. Form and content of an application for a court order
Code of Civil Procedure of the Russian Federation Article 126. Procedure for issuing a court order
Tax Code of the Russian Federation Article 333.36. Benefits when appealing to the Supreme Court of the Russian Federation, courts of general jurisdiction, and magistrates
RF IC Article 107. Time limits for applying for alimony
Code of Civil Procedure of the Russian Federation Article 128. Notification of the debtor about the issuance of a court order
Code of Civil Procedure of the Russian Federation Article 129. Cancellation of a court order
What to do if the father does not work or works unofficially?
In a situation where the alimony payer hides his income or is not officially employed, the court orders payments in a fixed amount. “Based on the cost of living established for a child in the corresponding region,” explains Vera Efremova.
In Moscow, this figure at the beginning of 2021 is 13,938 rubles. Often the courts award the alimony recipient half of this amount. “Why half? Because the second half should be provided by the second parent,” says Natalya Nikolskaya.
