Legislation
To be confident in your requirements, you need to know that the law is on your side, namely what articles this rule regulates.
As for maintaining a child with his mother until the child is 3 years old, this right is fixed in Articles 89 and 90 of the Family Code of the Russian Federation, according to which this responsibility falls on the shoulders of the father, regardless of whether the parents were officially married or not. In addition, the described rule also applies to alimony for a pregnant wife who is carrying their joint child and is recognized as temporarily disabled. There is also another legal basis: Article 256 of the Labor Code, which states that a woman can go on paid leave after 30 weeks of pregnancy, as well as up to 1.5 years after giving birth to care for a child. For the remaining time from 1.5 to 3 years, until the child goes to kindergarten, a woman may not work for a good reason, she will retain her job, but she will no longer be compensated financially for this period. Accordingly, she needs additional financial assistance and since she does not work due to raising a child, his natural father must take care of this.
If the mother is deprived of parental rights
Even a natural mother may be deprived of rights to her child in the following situations:
- she treats the child too harshly;
- improperly performs his duties towards him;
- it is dangerous for a child to be near such a mother;
- a crime has already been committed against him;
- After the divorce, she maliciously avoids paying alimony and has accumulated a significant debt.
Even a mother who has been deprived of parental rights can apply for child support. However, after many years, an elderly mother will no longer be able to demand child support from her grown-up child if she did not participate in his upbringing in any way.
In what cases can the mother of a child apply for child support?
Regarding alimony for the maintenance of the expectant mother and during her maternity leave, the legislation puts forward a number of requirements. So, what conditions must be met:
The spouses are officially married
No matter how strange this may seem, this is not uncommon in judicial practice and the law does not distinguish between whether the child’s parents are actually registered as of today or not. Sometimes spouses are at the stage of divorce proceedings, and a woman needs financial assistance or, living with her husband, he does not provide for her in any way, and she cannot support herself due to pregnancy or being on maternity leave to care for a child. This right is respected by the mother even after the divorce, the main thing is that the child was conceived during the official marriage.
Parents were not registered
As in the previous case, the father’s responsibility to support disabled family members is not relieved. Since a woman is carrying or is already raising their common child, who is not yet 3 years old, the father must provide not only for the minor dependent, but also for his mother. After all, she cannot leave the baby and get a job to support herself. However, there is one more amendment: the name of the father of the child must be documented or paternity must be proven through the court.
The child must be a relative of the potential child support payer
We have already said this earlier that the father’s name must appear on the child’s birth certificate or it has been replaced by a court order to establish paternity. If the husband denies this fact, and therefore refuses to pay child support for a child under 3 years of age, then the court will order a genetic examination. If this fact is proven, responsibility is removed from him. The only restriction on challenging the relationship of the unborn child and the potential father is the threat of miscarriage during pregnancy.
The child must be no more than 3 years old
As we have already said, it is possible to support a mother during her maternity leave, which under standard conditions is 3 years. Therefore, after parental leave for up to three years ends, the responsibility for alimony for the wife also ends and only the obligation to provide for your child remains. An exception is the case when the child is disabled and requires constant care, as a result of which the mother living with him cannot go to work. Then alimony will be paid for the maintenance of both dependents.
If the child is not the relative of the alimony payer, but he is married to his mother and knew about it earlier, then the responsibility for his maintenance is not removed from the father.
Court decision to collect alimony from mother
A civil case to collect alimony from the mother ends with a court decision By its decision, the court may:
- satisfy demands for payment of alimony;
- refuse to satisfy such demands.
If the collection of alimony from the mother is refused, the father or legal representative has the right to file an appeal (a means of appealing a court decision). An appeal is filed through the court that made the corresponding decision, no later than one month (Article 321 of the Code of Civil Procedure of the Russian Federation)
The court decision itself to collect alimony from the mother comes into force one month after it is made. a writ of execution from the magistrate to force the collection of alimony from the child’s mother through the bailiff service.
It is important that the alimony received by the father, guardian or trustee must be spent exclusively on the needs of the child, and not used by them to satisfy personal needs and requirements.
Example
Applicant Khripunova N.Yu. appealed to the magistrate with a claim to change the procedure for executing a court decision to collect alimony payments for her minor daughter by transferring 50% of these payments to an account opened in the child’s name in a bank, on the basis of Art. 60 IC RF. Khripunova N.Yu. expressed concerns that her ex-husband (B.I. Khripunov) might spend the alimony that she pays to her daughter for other needs. And the amount of money accumulated in the bank by the time the child reaches adulthood could serve to satisfy the child’s interests in the future. Khripunov B.I did not appear in court.
The judge took into account the financial situation of B.I. Khripunov. and came to the conclusion that there would be enough funds to support the child, even if 50% of the alimony payments were transferred to the bank, and this would not adversely affect the maintenance of the minor. The court decided to satisfy the demands of Khripunova N.Yu.
A court decision to collect alimony from the mother contributes to the restoration of the violated rights of a minor or disabled child.
Registration of alimony for the maintenance of the wife
As with alimony payments, this type of collection can be resolved in two ways: on the mutual initiative of both parents or through the judicial authorities, that is, by force.
Voluntary alimony agreement
A voluntary agreement implies a situation where the father understands the situation the child’s mother finds herself in, she counts on his support, and he, in turn, does not shy away from financial assistance, especially since the upbringing of his child directly depends on this. Today, one of the main mistakes is a verbal agreement between spouses on future assistance. And even if at first the alimony payer does not shy away from alimony for the maintenance of his wife, this does not mean that in the future this will not develop into a problem. You must understand that an oral agreement has no legal force, so it will be almost impossible to prove the fact of termination of payments. That is why any agreements must be recorded on paper with signatures, and then certified by a notary.
Notarization of a voluntary agreement will take only one day. You will only need to come to a mutual agreement regarding the amount of future alimony, its form, order, regularity and responsibility of the parties. All these points must be written down by the notary in the contract, so that if they are violated, you can go to court to challenge (Article 99, 100 of the RF IC). A certified agreement is equivalent to a court decision.
The method of voluntary maintenance of a spouse is much more practical for both parties, in contrast to forced maintenance, since they can discuss all the nuances among themselves and choose the most convenient option.
Collection through court
If the previous condition is not met, then the mother with the child will be obliged to apply to the judicial authority to compulsorily recover financial assistance. To do this, it is necessary that all of the above conditions that we discussed earlier are met. If there are no obstacles and the father evades child support, then the mother, who is on maternity leave, can file a claim at the father’s place of residence for forced collection. It will definitely need to be accompanied by a package of documents confirming the basis for penalties (Article 23 of the Code of Civil Procedure of the Russian Federation). If, in addition to the award of alimony payments, there are other difficulties, for example, the father hides his whereabouts, violates the terms of the notarial agreement, etc., then the application is submitted to the district court (Article 24 of the Code of Civil Procedure of the Russian Federation).
After submitting the necessary documents, the court begins to consider the case. This usually takes from 10 days to one month (the period depends on the place of consideration of the dispute - magistrate or district court). After this, the court makes a decision. If it is positive, then the plaintiff and the bailiff are issued a writ of execution (or sent to the place of his official work), on the basis of which alimony must be legally paid. The amount of financial assistance is also determined by the judge.
If the defendant does not agree with the court decision, he can challenge it within 10 days from the date of issue of the writ of execution.
How much is the recovery?
Alimony can be paid in three ways: voluntary, forced and informal.
With the voluntary consent of both parties, an agreement is signed at the notary, which stipulates the amount of payments.
The minimum amount of alimony under a notarial document is not specified, but it should not be less than the amount that the court could assign.
When filing a claim with a judicial authority, the application can indicate the amount that the father wants to demand from the mother.
NOTE: Most often during the trial, alimony is calculated in proportions of the defendant’s salary: 1/4, 1/3, 1/2 - for one, two, three or more children, respectively.
Alimony can also be awarded in a fixed amount if:
- the mother works informally or has seasonal work;
- the future alimony payer is an individual entrepreneur.
Informal payment of child support involves an oral agreement to provide financial support for your child.
This type is especially popular among single-parent families; if friendly relations develop between former spouses, then they independently negotiate and fulfill all the conditions.
As a rule, the transfer of money is supported by an appropriate receipt.
When calculating alimony payments in court, the interests and circumstances of both parties will be taken into account.
IMPORTANT! If there are valid reasons, the amount may either increase or decrease.
To increase it, you will also have to go to court with a claim, indicating at least one reason:
- checks, receipts for at least a month, which display purchases for the child’s needs;
- illness of a child or someone with whom he lives, which increases the cost of treatment from the family budget;
- inability to find a job for a long time, while being on the labor exchange.
Statement of claim for maintenance of the mother of a child under 3 years of age
So, the case of forced collection of alimony will be considered only after filing a statement of claim. To do this, it must be correctly legally formalized. The detailed execution of such an application can be found in Articles 131, 132 of the Code of Civil Procedure of the Russian Federation. So it should include:
- title “Statement of Claim”;
- full name of the body where the application is submitted - magistrate or district court;
- personal data of each party;
- the reason for filing the claim, as well as its legal validity (Articles 89, 90, 91, 117 of the RF IC);
- list of supported documents;
- date, signature.
Sample application for maintenance of mother and child under 3 years of age
There is no state duty when collecting alimony from the mother. It is taken from the defendant, that is, from the father of the child (Article 333. 36 part 2 paragraph 1 of the Tax Code of the Russian Federation).
Child support from the child's mother if the child lives with the father
The legal representatives of the child, for example the father who is raising him, the guardian or trustee, can reasonably demand payment of alimony from the mother. This applies to both alimony payments after divorce and during marriage.
If the child lives with the father, then a voluntary agreement on the payment of alimony by the mother can be concluded or it will be forced by a court decision.
This is due to the norms of the Family Code of the Russian Federation, which provide for the participation of both parents in the maintenance of the child. Therefore, the father, who provides care and lives with the child, has the right to demand that the mother pay child support.
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.
Payments for the baby
