Alimony without divorce, or how to receive alimony while married. Alimony without a divorce: detailed instructions How to get alimony without a divorce

Alimony is regular payments paid by force of a court decision or by agreement of the parties for the maintenance of disabled relatives. The recipients of alimony can be not only children, but also spouses, parents, other relatives. The basis of maintenance obligations is the legally established obligation of the spouses to provide each other with material support and support children.

When can I receive alimony while I am married?

As a rule, child support is served when the husband does not take part in the material support of the family and children. It is this behavior that often leads to divorce and the establishment of maintenance payments by the court.

But russian law does not associate child support for a child or spouse. This issue can be resolved without formal divorce. There are two ways to determine these payments:

Voluntary (by agreement of the parties). Spouses, having reached an agreement, turn to a notary to sign an agreement. The size of payments is determined in a fixed amount or as a percentage of income, depending on the mutual decision made by the parties.
Judicial. It is examined by the justice of the peace at the place of residence of one of the spouses (plaintiff or defendant). The application is submitted to the judge by the interested party, the case can be considered in the order of an order (simplified, without the appearance of the parties) or action proceedings.

In what cases can I receive alimony without resorting to a divorce:

It is likely that the official divorce will be long. For example, the spouse will impede the procedure by dragging it out, or try to hide part of the property, reduce income, etc.
Spouses do not want a divorce for certain reasons, but do not live together, and there is no voluntary support agreement.
The wife during pregnancy or before the child reaches the age of three claims to pay her alimony.
In some cases, the wife applies for child support without a divorce in order to reduce the amount of deductions for other writ of execution from the spouse's wages.

Alimony can be transferred not only to minor children and the spouse, but also to children with disabilities, disabled spouses (both husband and wife).

Alimony in a civil marriage

Regardless of whether the marriage of parents is officially registered or not, the children under the law receive the same guarantees of their rights. That is, a child born in a civil marriage can also receive alimony in the amount established by law.

The condition for receiving alimony is only the recognition of paternity. If upon registration of a child with the consent of the father his data are entered into the birth certificate - the fact of paternity is considered certified by the registry office.

On a voluntary basis, paternity can be established and subsequently with the same registration of this fact. In the absence of certified paternity, the mother of the child will have to prove that this man is the father. The court makes a decision on the basis of convincing arguments (and only one of them is the genetic examination of DNA).

Alimony obligations for a spouse (spouse) stem from their obligation to financially support each other. This is established by Art. 89 of the Family Code of our country. Material support does not provide for the full maintenance of one spouse at the expense of another, but only additional support if necessary.

Although literally the Family Code speaks of alimony for married persons, the courts in our country, by analogy with the law, determine the amount of alimony for both the spouse during pregnancy and for three years after the birth of a common child.

Oddly enough, a gap in domestic family law does not provide the right to the child’s father to demand alimony from his wife if he is left alone with the child at birth and brings him up to the age of three, although when carrying out such actions, the man certainly has certain financial difficulties.

A word to the professional:

Child support if married

According to Article 81 of the Family Code, monthly alimony is collected in the following amounts from the total income of the obligated person:

25% for an only child;
1/3 for two children;
½ for three or more children.

There are a number of exceptions to the general rule described above:

a child support in a fixed amount of money is established if the parent does not have regular earnings;
if there is an agreement of the parties on alimony.

The court makes a decision in each case after studying the material and marital status of the parties. The presence of dependents, other children, other material circumstances is taken into account.

When paying child support, a situation may arise when deductions from earnings will be more than 50% permitted by the Labor Code. However, payments for children are an exception to this rule, and such deductions are completely legal.

Alimony for wife, spouse, which can be obtained without a divorce

The right to receive alimony, including when married, and except in the case of being in a state of pregnancy and until the common child is three years old, can be used, if necessary:

a spouse caring for a disabled child (under 18 years of age), or a disabled child of group 1 (regardless of age);
disabled wife (needy).

The court considers each case individually, and appoints alimony if the alimony-liable person has the opportunity to pay it. Indeed, if the spouse’s earnings are less than the subsistence level or the spouse’s financial situation is much better than that of the husband, no payments will be made.

In the case of the establishment of alimony, their size is determined by the court in a fixed amount.

If there is an agreement certified by a notary, the amount of payments may be determined in another way.

How to write an application, where to submit

Where to file

In the absence of an alimony agreement, an application for alimony for two married persons is filed with the justice of the peace. The choice of the place of consideration of the claim for alimony while being married is determined by the plaintiff (the one who submits the application for alimony), either at the place of registration or at the place of registration of the defendant.

How to write a statement

The application is written by the plaintiff in person, or by proxy. The application must indicate the name of the particular court, the details of the plaintiff and defendant, the basis for the occurrence of the right to alimony, other information that could affect the decision of the case.

The application is written in duplicate, one of which is handed over to the registry of the court or sent by registered letter with notification of receipt by the court. A copy of the statement must also be sent to the defendant (if this is not a writ of order).

As a rule, relevant application forms are posted on information stands in the premises of the courts.

There you can find out the details for which it is necessary to pay a state fee for considering a claim (150 rubles). In addition, you can seek the help of family law professionals. A qualified lawyer will not only correctly fill out the application to the court, but will also help to collect the documents necessary for the consideration of the case:

marriage certificate (if registered);
birth certificates of children;
certificate of residence (registration).

Depending on the circumstances, certificates of income of the spouse in need, pregnancy, disability and other documents may also be submitted to the court. During the consideration of the case, the judge may request any of the documents additionally.

Step by Step Procedure

The step-by-step procedure for collecting child support without a divorce consists of the following steps:

collection of necessary documents (see above);
writing and filing an application with the court (form see below);
acceptance by the court of an application for proceedings;
consideration of a claim or issuance of a court order;
decision making in the case;
issuance of a writ of execution to the plaintiff.

A court order is issued without the participation of the parties, and takes effect immediately, and the decision on the claim - after the deadline for appeal. Based on the results of the decision, a writ of execution is issued, which must be submitted to the bailiff service for execution (collection of alimony).

How long does the procedure take?

Order proceedings on the establishment of alimony may be completed within a period of about three weeks, and lawsuit - up to two months. It should be noted that if the defendant disagrees with the court’s decision, the order to cancel is quite easy, but the court’s decision, taken in the course of action, is more difficult to challenge.

Some people do not know that child support without divorce can also be exacted. This procedure has nothing to do with divorce.

The law protects the child in the first place. Including, from the dishonest behavior of his own parents. Therefore, alimony is allowed without termination of family relations.

How, while married, recover child support?

Alimony obligations may arise in parents who refuse to help their second spouse in the maintenance of their child under the age of 18 years. Mother or father who is directly involved in raising a child can receive alimony in a legal marriage. If the 2nd spouse for some subjective reasons does not participate in the maintenance of the child.

Important! For the collection of alimony, the actual family relationship between the spouses does not matter. Parents can live together or separately. This is permissible by law. Living together or separately does not affect parental obligations to the child.

Grounds for recovery

The requirement to pay child support can be put forward by 1 of the spouses in the marriage without a divorce, even if it is not about a child. The rules on maintenance obligations apply to both blood relatives and legally adopted children. The adoptive parent is required to maintain them until the adoption is officially canceled.

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The main condition in this situation is the joint adoption or social recognition of the first spouse as the child of the second spouse.

Collection procedure

Firstly, you can protect yourself in advance from the dishonesty of the 2nd spouse. If there are doubts about its reliability, a notarial agreement is concluded on voluntary alimony payments in favor of 1 of the spouses.

The document stipulates the main points, including liability arising from violation of obligations. If the parent nevertheless decides to ignore the agreement, then you can always present it at the spouse's place of work or in the Federal Social Insurance Fund for enforcement.

Such a document is equivalent to a writ of execution.

Attention! The main plus of such an agreement: the law does not limit its parties to determine the volume and frequency of payments as they please. The exception is the lower limit. It cannot be less than the volume recorded in the RF IC.

Secondly, you can turn to the justice of the peace of your court for issuing a court order. To do this, you must submit an application in the established form and attach some documents to it. Among which:

copy of certificates confirming the fact of the birth of a child from the 2nd spouse and the fact of being legally married,
address certificate of the place of residence of the 2nd spouse or a copy of the passport with a registration mark,
a copy of the applicant’s passport,
a certificate from the spouse's work about his salary (or at least the fact of work at the enterprise at the time of application).

The order is issued in a simplified manner without trial on the merits. If within 10 days from the receipt of the court order 2, the spouse does not submit an objection to its execution, the document shall enter into legal force. And it will be possible to present it for execution at the payer's place of work or at the FSSP.

Thirdly, if the issuance of a court order is not possible or 2 spouses object to the indisputable recovery - the option remains with the lawsuit.

It will require filing a claim with the same magistrate with the application of the same documents. The difference lies in the fact that if for some reason you cannot independently obtain documents (copies, originals), then you have the right to petition the court to request such documents from the defendant or third parties. In order proceedings this is not allowed.

In 2019, as before, the state duty on such cases is not recoverable.

Amount of maintenance payments

The total amount of the penalty is established by law - SK RF. In 2019, no changes in this regard occurred. Monthly payments of alimony without a divorce correspond to similar payments after a divorce and are equal to:

1/4 earnings for 1 child,
1/3 - for 2 children,
1/2 - on 3, 4, etc.

They can be recovered in a share or percentage ratio from all types of official income of the payer. The amount of penalties established by law may be changed by the court to a greater or lesser extent. This can happen during the analysis of the evidence submitted by the parties, confirming the real well-being and position of the parties.

Important! If it is established that the potential payer is temporarily out of work or has earnings of an intermittent nature, then the court has the right to collect child support payments in hard form.

How to get child support payments

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If you have any document in your hands confirming your right to receive maintenance payments, then you can present it for enforcement. Such documentation includes:

notarial alimony agreement,
enforceable judgment with writ of execution,
not canceled court order.

Any of these documents has the power of a writ of execution, so it can be presented independently at the payer's place of work. Or transfer to the FSSP to initiate enforcement proceedings. In all cases, it is necessary to provide the beneficiary's bank account number, where maintenance payments should be transferred.

Attention! A court order and a notarial agreement on maintenance payments do not require additional receipt of a writ of execution. These acts are equated by law to the writ of execution. Important! A writ of execution may be presented for enforcement within 3 years from the date of its issue.

What other payments are due during the marriage?

In addition to the above reasons, the following are entitled to alimony in marriage:

needy disabled spouse;
pregnant wife
spouse within 3 years after the birth of a joint child;
a needy spouse caring for a joint disabled child until he is 18 years old;
a needy spouse caring for a joint disabled child since childhood in group 1.

Important! Claiming child support for past periods is only possible within the 3-year period.

What to do if child support is not paid

If, despite the existence of enforcement proceedings, the payer does not pay a timely monthly fee in favor of the recipient, then he accumulates debt. After a certain time (but not more than 3 years, so that the statute of limitations has not expired), the recipient is entitled to apply to the FSSP to calculate the debt. It is compiled in writing.

With the received document, you can again apply to the court to recover the resulting debt for alimony and the corresponding penalty.

Video on how to recover child support in a marriage without a divorce.

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Claims for alimony after divorce are a common judicial practice. Is it possible to obtain an alimony without a divorce, or before a divorce?

Yes. Such an opportunity is provided for by the Family Code of the Russian Federation, section V. Chapter 13 is devoted to maintenance obligations of parents and children. Chapter 14 - maintenance obligations of spouses and former spouses.

In Art. 80 of the Family Code records the obligation of parents to support minor children. If this obligation is not fulfilled by one of the parents, then the parent, who has taken up the upbringing and maintenance of the child, may demand judicial recovery of child support for a minor child or a disabled child (Article 85). The size of alimony is devoted to Art. 81-83.

In Art. 89 “Duties of the spouses on mutual maintenance”, a list of persons entitled to alimony in case of refusal of the second spouse from their material support is defined. In the absence of an agreement, a court may demand child support:

needy disabled spouse;
wife during pregnancy, and the next three years from the date of birth of their common child;
a spouse who cares for a common disabled child until the age of majority of such a child, or for a common disabled child of childhood of group I - for life.

Thus, the law clearly answers the question “is it possible to receive alimony without a divorce”

How to get child support without a divorce in practice?

Spouses of the contract on the amount of alimony can be drawn up independently. In order to give legal force to such an agreement, it must be notarized.

Question and answer from practice and the answer to it:

I don’t want to get divorced, can I file for alimony without a divorce?

My husband refuses to give money to me and allocates 600 rubles for a child every six weeks. on diapers. He doesn’t know the salary; he doesn’t show the crib. We live with his parents and brother. It gives parents 5 thousand each month. She doesn’t want to live separately. The child does not pay attention to sitting at the computer for days. Hands sometimes dissolves insults at me if I ask to play with the child. I don’t want to get a divorce child support without a divorce? I myself do not work anywhere. And can I take his money without his knowledge of my expenses.

Hello!
Of course, you can apply for child support without a divorce, the Family Code of the Russian Federation allows this, but you will need to prove in court that your husband does not contain you:
he doesn’t buy clothes for you and your child, you don’t have any basic necessities, he doesn’t provide food, he also hides income from you or spends it on his own needs to the detriment of the family.

You can file for alimony without a divorce in situations where one of the spouses does not fulfill his obligations to the child. In such cases, the needy spouse may file for alimony while married. Legislation stipulates cases in which child support is charged on both the child and the spouse. For example, if a woman is pregnant, as well as 3 years from the date of the birth of the child, she can receive alimony for both the child and herself. The procedure for applying for child support without a divorce is the same as for child support after a divorce.

To file an application with the court, you must have the following documents for child support without a divorce and their copies:

Birth certificate of a child;
Income information;
Information about the composition of the family;
Marriage certificate;
Passport;
Information from the housing office about the place of real residence of the child.

In the application for alimony without a divorce, it is necessary to write the essence of the request: “I ask you to collect alimony from the defendant in my favor for the maintenance of our child in the amount of 25% of all types of earnings monthly, but not less than 10 thousand rubles (conditional amount indicated) monthly, until child of adulthood. "

If we are talking about alimony for a spouse and a child in need, then two lawsuits are filed.

In the event the claim is satisfied, alimony will be calculated from the day it is filed.

When deciding on the amount of alimony, the court takes into account the state of health of the spouse or child in need of alimony. In addition, the court considers the level of income of the defendant, his state of health and his other dependents.

Depending on the stability of earnings, the court decides to charge a certain percentage of earnings (Article 81), or child support in the form of a fixed amount (Article 83).

If official earnings are stable and consistent with actual income, it is reasonable to request child support as a percentage of income. When real earnings are higher than declared, it is recommended to ask the court for a fixed alimony.

If there is documentary evidence that child support intended for the child is spent for other purposes, the court may allow the transfer of half of the monthly amount directly to the child’s personal account at a bank institution.

The agreement is also attractive because it allows payers to hide their “alimony” status at work, as there will be no official deductions from wages - the payer himself transfers part of the earnings to a needy family member. It is also important to know that the alimony agreement may be amended and supplemented, provided that they do not violate the rights of the person in need.

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Your gender Choose your gender. Woman Man Your progress in answers If the person who is obliged to provide material support refuses to voluntarily provide the content to the needing party (spouse, child / children), then to solve the problem, you should go to court. The appeal and subsequent claim for payment through bailiffs is called the recovery of alimony.

How to apply for alimony while married (without a divorce)

If in the process of marriage, the number of children in the family increases, it is allowed:

new appeal to the court to change the size of transfers;
amending the notarial agreement of the parties.

How to get money Since the partners are still in a family relationship, applying for forced retention may not be necessary. Often, the very fact of going to court and receiving executive documents on hand disciplines the second spouse and forces him to take a more responsible attitude to the performance of his duties.

Judicial act If the actions have not led to a result, and the child is still not receiving funds for maintenance, you will have to use compulsory options for the execution of the judicial act.

Child support without a divorce

Attention

Such an agreement must necessarily be in writing and certified by a notary;

by the court, when the amount depends on the material situation of the parties and can be calculated by part of the salary, part of the products (if the payer has an economy), seizure of property or a hard money (if the payer is not working or if he has irregular earnings).

Alimony for a disabled child, in case of divorce, is paid on the basis of the Family Code of the Russian Federation, and amounts to:

1⁄4 salary per child;
1/3 salary for two children;
1⁄2 to three children.

To increase the amount of payments to the child, it is necessary to provide checks and certificates confirming the increase in the costs of caring for the disabled person. The court accepts such evidence as receipts, checks, certificates from hospitals, tickets, etc.

Alimony without divorce: detailed instructions

This procedure has nothing to do with divorce. Attention The law protects primarily the child. Including, from the dishonest behavior of his own parents.

Therefore, alimony is allowed without termination of family relations. How, while married, recover child support? Alimony obligations may arise in parents who refuse to help their second spouse in the maintenance of their child under the age of 18 years.

Info

Alimony without divorce, or how to receive alimony while married As we can see, it is allowed to collect alimony not only for the child, but in some cases also for the wife (husband). For example, a mother who is on maternity leave up to 3 years old can recover cash payments from her husband not only for the baby, but also for herself.

Alimony without divorce, or how to receive alimony while married

How to get child support for a divorce for one child Often, a parent who lives separately ceases to take part in the material support of the child, and the mother tries to apply for child support. They can be paid voluntarily or forcibly.

The fastest and easiest option for both parties is to conclude a contract that will indicate all the nuances and amounts. But not always divorced spouses can reach a compromise and resolve this issue without judicial intervention.
Otherwise, one of the parties has to file a claim for alimony. For him, as in any other case, you need to write a statement. It is written in three copies: one for the judge, the second for the defendant, and the third remains with the plaintiff.

Alimony without divorce for 1 child

The more fully the situation will be described in the application, and the more attached documents you will file with the court, the faster your question will be resolved, and the greater the likelihood of receiving payments in full. Photocopies (three copies) of the following documents must be attached to the list of documents mentioned above:

passport (copy and original);
marriage certificate;
divorce certificate;
documents confirming the birth of joint children;
extract from the house book;
receipt of payment of state duty.

Further, the application is processed within a week and then either a decision is immediately made, or meetings begin.
The size of the alimony The size of alimony when divorcing one child can be determined in two ways:

by agreement, when the parties independently determine the amount of material assistance and the timing of its payments.

Alimony for one child if there is no divorce

Often, the very fact of going to court and receiving executive documents on hand disciplines the second spouse and forces him to take a more responsible attitude to the performance of his duties. Judicial act If the actions have not led to a result, and the child is still not receiving funds for maintenance, you will have to use compulsory options for the execution of the judicial act.
To do this, the requester must do the following:

submit documents directly to the company where the debtor is officially employed;
send an application to the FSSP service to initiate enforcement proceedings.

Naturally, if the second parent does not work anywhere or carefully hides the place of work, the only option is to appeal to the bailiffs.

How to get alimony in a marriage without a divorce in 2018

Can I file for alimony without a divorce? Question After three years of marriage, a dispute began between my husband and me over the material support of the family. A year ago, we had a child, at the moment I am on parental leave and I can’t work.
The husband works, but he spends most of the money earned on a deposit account. What the husband brings to the family is not enough to cover the basic needs of the child (purchase of diapers, baby food, medicine, clothes), not to mention the needs of the rest of the family. Can I receive child support without a divorce? When deciding on the amount of alimony, the court takes into account the state of health of the spouse or child in need of alimony. In addition, the court considers the level of income of the defendant, his state of health and his other dependents.

Documents for child support after a divorce

Size of payments If there is an agreement, the parties themselves decide the issue of size. However, it should be remembered that when independently determining the amount of alimony for children, it is unacceptable to set an amount lower than that which could be obtained by collecting payments through the court. Failure to comply with this requirement entails the invalidity of such an agreement. If there is no agreement, the court collects child support without divorcing the parents on a monthly basis in the following amounts: In certain cases (instability of earnings of the obligated parent, income in kind, etc.), the court may establish a monthly collection of child support in a fixed amount or simultaneously in shares of wages and in a solid cash amount.

How to get child support without a divorce

Where do I need to apply to receive child support without a divorce? Most often they go to court, but you can solve the problem without it. Spouses only need to contact a notary and conclude an agreement.

The amount of alimony will be determined individually, that is, by agreement. How to apply for child support without a divorce? To do this, you need to go to court with a lawsuit. It is considered by the justice of the peace at the place of residence of either the plaintiff or the defendant. If the defendant does not appear at the court session without good reason, the review may be carried out without his participation. To receive alimony without a divorce, the court will need to provide the following documents: 1. 2 copies of the statement of claim; 2. extract from the house book, which should indicate where the common child lives; 3. marriage certificate; 4. birth certificate of the child.

Alimony in marriage

Depending on the stability of earnings, the court decides to accrue a certain percentage of earnings (Article 81), or child support in the form of a fixed amount (Article 83). Also

Both parents are required to participate in the upbringing and maintenance of minor children. This simple wisdom has been rooted in morality from time immemorial in many civilizations and is backed up today by the legislative framework. In modern society, it is not customary to prove in words who helps someone and who maliciously evades. To resolve such issues, there is a court determining the procedure for providing assistance. Not everyone knows that you can receive child support without a divorce. How to achieve such charges?

Reasons for getting financial assistance in marriage

Many couples prefer not to get officially divorced at a time when they actually no longer have a joint household, and sometimes even live separately. The reasons for this phenomenon are many. Someone is afraid of the division of property, others have no time to engage in divorce proceedings, the third is beneficial to have the status of "married". If, during the formal maintenance of the marriage, one of the spouses does not allocate money for the child, the second is to apply for child support without a divorce. Aggravating factors for the respondent are: alcoholism, addiction to gambling, as well as other diseases and special mental conditions.

How to apply for child support before the divorce?

The application process with the requirement to oblige the second parent to financially help the common child is almost the same for couples who are married and divorced. The main difference is the determination of the amount of regular payments. In case of divorce, alimony is charged in a fixed monthly amount or in the amount of ¼ of the defendant's income per child. If alimony is paid without a divorce, their final size is determined by the court. The plaintiff may declare the high income of the spouse (spouse) or the needs of the child in expensive treatment. Please note that if there is no interpersonal informal agreement with the defendant on payments, he will most likely insist on a minimum amount of alimony. It is advisable to involve a highly qualified lawyer in the process.

Preparation of documents

A parent of a minor child who wants to receive material assistance from her husband / wife goes to court. The set of documents is minimal - passports of spouses, birth certificate of a child and marriage. The most difficult thing is to correctly compose the statement itself and prepare the argument. The plaintiff can claim alimony not only for the child, but also for himself in special situations. There is a high probability of awarding payments if one of the parents cares for a child who has not reached the age of three and is unable to go to work. If the child is older, but he needs special care, the defendant is also likely to be obliged to help both the baby and the parent. Alimony without a divorce is very difficult to obtain, provided that the defendant can provide certificates from a medical institution confirming temporary disability due to health reasons. It is impossible to reach a positive decision if the lawsuit has been filed against a parent who is on parental leave before reaching the age of 3 years.

What you need to know before applying for child support without a divorce?

In our country, many people are embarrassed to go to court even after the divorce. And this position is completely wrong. Remember that you protect the interests of your son or daughter and act within the law. Now you know how to apply for alimony without a divorce, and another question becomes relevant: "Is it worth it in a hurry?" In the event that the marriage is not dissolved due to the likely reconciliation of the spouses in the future, it makes sense not to aggravate the situation and try to find a compromise by verbal agreement. Be prepared also for the need to prove any argument. You will need official answers and testimonies of witnesses about the spouse's earnings and the fact of his evading parental duties.