Judicial practice of alimony for spousal maintenance. Kirovsky District Court

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

DD.MM.YYYY<адрес>

Mytishchi City Court<адрес>as part of federal judge A.V. Goncharov,

with the secretary of the court session, FULL NAME3,

having examined in the open court hearing civil case No., according to the claim of M A A to M I I for the recovery of alimony for the maintenance of the ex-wife,

INSTALLED:

The parties were in a registered marriage from DD.MM.YYYY to DD.MM.YYYY, from whom they have a minor son, FULL NAME1 Tagir, DD.MM.YYYY year of birth.

M A.A. filed a lawsuit against M.I. on the collection of alimony for the maintenance of the ex-wife until his son Tagir reaches the age of three years, in a fixed sum of money, in the amount<данные изъяты>.

In support of the claim, she indicated that she is currently on maternity leave, and therefore is unable to work, and therefore does not have the income necessary to support herself.

At the court hearing, plaintiff M A.A. supported the stated claim in full, explained that she lives with her son Tagir in an apartment with her parents, who are pensioners and are not able to provide her with financial assistance. When the child reaches the age of one and a half years, payment social benefits stopped. She is unable to go to work because her child needs constant care. She needs the alimony funds claimed for collection from the defendant to pay part of the costs of rent and utility bills, purchase food and clothing. When determining the amount of alimony presented for collection, she proceeded from the amount living wage installed on the territory<адрес>. At the same time, her ex-husband M.I. has the opportunity to provide her with financial assistance, but refuses to do so.

Defendant M I.I. at the court hearing, he did not recognize the stated claim, explained that he should not bear alimony obligations for the maintenance of his ex-wife, and asked to take into account that in fact he had been in a marital relationship with the plaintiff for about a year and a half, until DD.MM.YYYY. During the marriage, on the part of M.A.A. there were cases of her unworthy behavior, in particular, leaving with their common child, without his consent, to other cities. Currently he does not have a job, despite the fact that at his last job his earnings were about<данные изъяты>, of which? he must pay part of it to the plaintiff as alimony for the maintenance of her minor son,<данные изъяты>per month is the rent for an apartment in<адрес>, and in addition to this, he provides financial assistance to his parents, who are pensioners. He asked that the stated claim be dismissed in full.

Having heard the plaintiff, the defendant, and examined the case materials, the court finds the stated claim subject to partial satisfaction, taking into account the following:

In accordance with Art. 90 part 1, paragraph 1 of the RF IC, the ex-wife has the right to demand alimony in court from a former spouse who has the necessary means for this during pregnancy and for three years from the date of birth of their common child.

At the court hearing it was established that the infant son of the parties FULL NAME1 Tagir was born during the stay of M I.I. and M A.A. in a marriage that was dissolved by a decision of the Mytishchi City Court dated DD.MM.YYYY, which entered into legal force DD.MM.YYYY.

These circumstances are confirmed by the certificate of marriage registration between M.I. examined by the court. and M A.A. from DD.MM.YYYY, birth certificate FULL NAME1 Tagir, DD.MM.YYYY year of birth, in which the child’s father is indicated as M I.I., mother as M A.A. and the decision of the Mytishchi city court from DD.MM.YYYY, which, according to the claim of M I.I. the said marriage was dissolved.

As follows from the certificate examined by the court, drawn up by an employee of the Municipal Unitary Enterprise "Settlement Center", FULL NAME1 Tagir<данные изъяты>year of birth, permanently registered at the place of residence together with the plaintiff M A.A. V<адрес>, V<адрес>.

The fact that the minor child actually lived with the mother, the plaintiff in the case, was not disputed by the parties at the court hearing.

Checking the plaintiff’s need for assistance financial assistance on the part of the ex-husband, the court finds the arguments of M.A. worthy of attention. about her necessary expenses related to payment of part utilities, purchasing food, clothing, etc.

General Director of LLC<данные изъяты>FULL NAME5 in his certificate from DD.MM.YYYY indicated that M A.A. works in the specified organization with DD.MM.YYYY as a senior economist. Currently on maternity leave. Until DD.MM.YYYY, the monthly allowance, until the child reaches the age of one and a half years, is<данные изъяты>, after the child reaches the age of one and a half years, no payments will be made.

Thus, at the court hearing it was established that the plaintiff M A.A. is currently on parental leave until the age of three, is not currently exercising labor activity, and therefore has no income, needs to provide her with financial assistance, and has the right to apply to her ex-spouse to collect alimony for her maintenance

Assessing the arguments of the defendant M.I., who objects to the recovery of alimony from him for the maintenance of his ex-wife and referred to the short period of marriage with the plaintiff, the court treats these arguments critically, while taking into account that the parties were in a registered marriage for more than two years , have a child from this marriage, therefore M’s decision to marry was conscious and mutual, and the period of marriage itself does not indicate its short-term duration.

Under such circumstances, the court did not establish any grounds for the release of M.I. from the statutory obligation to support the ex-wife, in accordance with the provisions of Art. 92 RF IC.

The court finds the defendant's arguments about the need to provide financial assistance to his parents to have no legal significance when considering a claim for the recovery of alimony for the maintenance of his ex-wife, since M I.I. no evidence was presented that he had alimony obligations to support his parents.

When assessing the defendant’s ability to provide financial assistance to his ex-wife, the court takes into account the following:

According to the examined certificate in Form 2 of personal income tax, the salary of M.I. at his last place of work at OJSC<данные изъяты>was more than<данные изъяты>rubles

In the work book of M.I. There is a record No. dated DD.MM.YYYY about the termination of the employment contract at the initiative of the employee.

According to the defendant, at the time the case was considered by the court, he was not employed and does not have a permanent place of work.

Under such circumstances, the court comes to the conclusion that at present M.I., without a permanent place of work, has irregular, changing earnings.

At the same time, the court takes into account that in the absence of a place of work, the defendant, who is a resident of another subject Russian Federation, has the opportunity to pay rent for living space in<адрес>, the size of which, according to his own arguments, is no less<данные изъяты>rubles per month.

Taking into account the above, the court comes to the conclusion that the defendant, taking into account his financial situation, has the opportunity to provide financial assistance to his ex-wife until their son Tagir reaches the age of three years.

At the same time, when determining the amount of alimony, the court takes into account the defendant’s arguments about his obligation to the plaintiff to pay child support, which was not denied by M.A.A. at the court hearing, and considers it reasonable and fair, as well as proportionate, both to the defendant’s earnings and to the plaintiff’s need, to recover from M.I. in favor of M A.A. alimony for the maintenance of the ex-wife, until M Tagir reaches the age of three years, in a fixed sum of money, in the amount<данные изъяты>rubles monthly.

Taking into account that, as follows from the stamp of the incoming correspondence, the plaintiff applied to the court for the protection of her violated right DD.MM.YYYY, and by virtue of Article 211 of the Code of Civil Procedure of the Russian Federation, the court decision to collect alimony is subject to immediate execution, the court collects alimony from the defendant in favor of the plaintiff starting from DD.MM.YYYY.

Based on the above, guided by Art. Art. 194-198 Code of Civil Procedure of the Russian Federation, court,

DECIDED:

The claim of M Ai k M Il for the recovery of alimony for the maintenance of his ex-wife is partially satisfied.

Collect from M.I. in favor of M A.A. alimony for the maintenance of the ex-wife, in a fixed sum of money, in the amount of<данные изъяты>rubles monthly, starting from DD.MM.YYYY until M Tagir, DD.MM.YYYY year of birth, reaches the age of three years.

The decision can be appealed to the Moscow Regional Court, through the Mytishchi City Court, within 10 days.

Judge A.V. Goncharov

Court decision to collect alimony
Recover from full name, DD.MM.YYYY year of birth, native<адрес>, residing at:<адрес>, information about the place of work of which the court does not have, in favor of his full name, alimony for the maintenance of his son, full name, DD.MM.YYYY year of birth, in the amount of 1/4 (one quarter) of all types of earnings monthly, starting from DD.MM.YYYY and up to the child's coming of age.

Court decision on the inaction of bailiffs to collect alimony
Kanakhina's application is to be satisfied in terms of declaring illegal the inaction of the bailiffs of the Savelovsky department of the SSP service of the Federal Bailiff Service of Russia in Moscow, to impose the obligation on the bailiff to index alimony for maintenance minor child, subject to recovery in favor of Kanakhina E.E. with full name, what to inform the collector about.

Court decision to collect alimony in a fixed amount
To collect from the full name alimony in favor of the full name for the maintenance of his son Artyom, DD.MM.YYYY year of birth in the amount of 1 minimum wage (1 minimum wage as of DD.MM.YYYY is equal to 4330 rubles, this amount is subject to indexation..

Court decision to collect alimony for the maintenance of a disabled spouse
Novozhilova V.Ya. filed a lawsuit against N.N. Novozhilov. and asked to recover from the defendant alimony for the maintenance of a disabled, needy ex-spouse in the amount of 10,000 rubles monthly.

Court decision to collect alimony for the maintenance of the ex-wife
Collect from Mavliyarov I.I. in favor of Mavliyarova A.A. alimony for the maintenance of the ex-wife, in a fixed sum of money, in the amount of rubles monthly, starting from and until Mavdliyarov reaches Ta, DD.MM.YYYY year of birth, the age of three years.

Court decision on collection of alimony debt, Article 113 of the RF IC
Collect from Sokolov D.V. in favor of Smirnova E.N. debt on alimony obligations for the period from July 17, 2005 to February 5, 2009 in the amount of 214,159 rubles

Court decision to deregister a former spouse
According to the claim of Klimova N.V. to Klimov S.A. on recognition as having lost the right to use residential premises, deregistration.

Good afternoon, dear readers. Evgeniy Volkov, your lawyer for family matters. Today I’ll tell you about.

I warn you right away that my article about collecting alimony for spousal support turned out to be quite lengthy, so don’t expect to finish it in 10 minutes.

The article outlines my experience and knowledge about alimony for the maintenance of a spouse, as well as about alimony for the maintenance of a former spouse.

And since you are here, the question of alimony for the maintenance of a spouse for up to 3 years is more relevant for you now than ever.

In the article I will not give you dry quotes from articles Family Code RF about maintaining a spouse for up to 3 years, as most lawyers do on their websites.

I am used to presenting information for my readers in an intelligible and understandable manner. So make yourself a cup of coffee and start studying my article.

In this article:

Regulatory regulation of the issue of alimony for the maintenance of a spouse (former spouse)

Let's consider two possible situations encountered in practice. Your own situation will fall under one of the situations I described below, with slight variations.

Situation No. 1.

The wife and husband are married. During the marriage, the couple had a child together.

Three months later, my husband left. He only gives money for the maintenance of the child; he does not pay alimony to his wife. The child is seven months old, the wife, for obvious reasons, does not work.

In this situation, is the husband obliged to pay alimony for the maintenance of his wife?

In accordance with paragraph 1 of Article 89 of the Family Code of the Russian Federation

spouses are obliged to financially support each other.

According to paragraph 2 of Article 89 of the Family Code of the Russian Federation

in the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the wife has the right to demand the provision of alimony in court from the other spouse who has the necessary means for this during pregnancy and for three years from the date of birth of the common child.

Based on this article, the husband is obliged to financially support his wife in need on a voluntary basis, providing funds for the maintenance of the spouse.

In case of refusal, the wife has the right to demand alimony from her husband for the maintenance of the spouse by filing a claim for maintenance of the spouse with the court for this purpose.

Please note: according to the provisions of Article 89 of the Family Code of the Russian Federation, mutual material support by spouses for each other is one of those important responsibilities that arise from the moment of marriage.

The state of de facto marital relations in the absence of an officially registered marriage between persons does not give the right to one of them to demand from the other the provision of appropriate material support, and does not depend on the duration of the persons being in de facto marital relations.

Situation No. 2.

The same situation described in situation No. 1, only the marriage between the spouses has been dissolved.

Is the husband obliged in this situation to provide maintenance for his ex-wife?

Cases when a husband is obliged to pay alimony ex-wife, that is, after divorce, are established by Article 90 of the Family Code of the Russian Federation.

In accordance with paragraph 1 of Article 90 of the Family Code of the Russian Federation

The ex-wife has the right to demand alimony in court from a former spouse who has the necessary means for this during pregnancy and for three years from the date of birth of their common child.

Thus, the Family Code of the Russian Federation contains, as a direct condition for one spouse to receive alimony from the other, an indication of the latter’s financial ability to pay it.
This means that the payment of alimony by the obligated person should not lead to a significant decrease in the level of his well-being, an approximate criterion of which is the subsistence minimum (decision of the magistrate of the judicial district No. 2 of the Maslyaninsky district of the Novosibirsk region dated February 15, 2016 in case No. 2-1/2016. ).

As can be seen from Article 90 of the Family Code of the Russian Federation, the grounds for collecting alimony for the maintenance of a former spouse are identical to those listed in paragraph 1 of Article 89 of the Family Code of the Russian Federation.

That is, alimony for the maintenance of a former spouse can be collected by the court during pregnancy and within three years from the date of birth of a common child.

To do this, you need to file a claim with the court for maintenance of your ex-wife.

As you have probably already noticed, in the case where alimony is being collected for the maintenance of a spouse, as well as when alimony is being collected for the maintenance of a former spouse, a mandatory requirement for the court to satisfy a claim for the maintenance of a spouse is that the defendant spouse has the necessary funds for this.

This directly follows from the text of Articles 89 and 90 of the Family Code of the Russian Federation. When considering a case and in case of satisfaction of a claim for the recovery of alimony for the maintenance of a spouse, the amount of alimony collected from the spouse (former spouse)

determined by the court based on the financial and marital status of the spouses (former spouses) and other noteworthy interests of the parties in a fixed sum of money payable monthly (Article 91 of the Family Code of the Russian Federation).

According to paragraph 2 of Article 117 of the Family Code of the Russian Federation

the amount of alimony collected by a court decision in a fixed sum of money, for the purpose of indexation, is established by the court as a multiple of the subsistence minimum, determined in accordance with the rules of paragraph 1 of this article, including the amount of alimony can be established as a fraction of the subsistence minimum.

The amount of alimony collected for the maintenance of a spouse (former spouse) is determined not as a percentage (share) of the salary or other income of the former spouse, but as a fixed sum of money.

However, both alimony for the maintenance of a spouse and alimony for the maintenance of a former spouse are established as multiples of the subsistence level or as a share of the subsistence level.

This procedure for determining the amount of alimony is established in order to protect the rights of the spouse from inflation, since in accordance with paragraph 1 of Article 117 of the Family Code of the Russian Federation, alimony to the spouse can be indexed:

The indexation of alimony collected by a court decision in a fixed sum of money is carried out by the organization or other person to whom the writ of execution (a copy of the writ of execution) was sent in the cases established by Part 1 of Article 9 and Clause 8 of Part 1 of Article 47 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, or a bailiff within the framework of enforcement proceedings in proportion to the increase in the cost of living for the relevant socio-demographic group of the population established in the relevant subject of the Russian Federation at the place of residence of the person receiving alimony, and in the absence of subject of the Russian Federation of the specified value is proportional to the increase in the cost of living for the corresponding socio-demographic group of the population, established for the Russian Federation as a whole.

Thus, when considering claims for the collection of alimony for the maintenance of a spouse (ex-wife) until the common child reaches the age of three, it is necessary to be guided by the amount established for the socio-demographic group of the population “ working population“, since a spouse (ex-wife) who is on parental leave for up to 3 years is not considered disabled.

The magistrate came to the correct conclusion about the amount of alimony collected for the maintenance of the ex-wife ——— rubles, which is 0.2287 of the legal minimum subsistence level in the Saratov region for the able-bodied population for the 3rd quarter of 2015, subject to indexation in proportion to the size of the subsistence minimum for the able-bodied population in the Saratov region (Appeal ruling of the Zavodsky District Court of Saratov dated May 10, 2016 in case No. 11-42/16).

Grounds for collecting alimony for the maintenance of a spouse (former spouse)

The only legal basis for collecting alimony for spousal support is the presence of a dependent minor child under the age of 3 years by the spouse (former spouse).

I draw your attention to the fact that the right of a wife during pregnancy and for three years from the date of birth of a common child to receive alimony from her husband is not made dependent on her disability and need.

For the right to alimony to arise, it does not matter whether the wife works during pregnancy and for three years after the birth of the child or devotes herself entirely to caring for the child.

The main condition for the emergence of a wife’s right to receive alimony during pregnancy and in connection with the birth of a child is the bearing and birth of a common child.

The law proceeds from the fact that during this period a woman needs rest, special nutrition, treatment, etc.

All material costs associated with bearing and caring for a common child must be borne equally by both spouses, even if the wife is financially secure.

Based on my own judicial practice, I will say that courts often indicate in a decision that the wife needs financial assistance, does not work and does not intend to work during the entire period of child care.

At the same time, the question of the degree of need of the wife for material assistance has important legal significance for determining the amount of alimony for the maintenance of the spouse (former spouse).

Resolving the issue of the amount of alimony, the magistrate determined its amount, bearing in mind that due to being busy caring for a common child until he reaches the age of three, the child’s mother does not have the opportunity to work and receive wages that ensure her own maintenance, and therefore are subject to recovery in her favor, alimony must be of a real nature (Appeal ruling of the Lysvensky City Court of the Perm Territory dated November 27, 2015 in case No. 11-65/2015).

If the wife does not have her own funds, alimony for the maintenance of her spouse (former spouse) must be collected in an amount sufficient to satisfy her basic living needs and to cover special additional expenses associated with pregnancy and childbirth.

If she has her own funds, alimony for the maintenance of her spouse (ex-wife) should be sufficient only to cover these expenses.

The magistrate rightfully took into account that the plaintiff currently does not have the opportunity to find a job because she is busy caring for a small child.
However, the appellate court does not agree with the conclusions of the magistrate regarding the amount of money collected, since the legal norms regulating the legal relations that have arisen provide for the obligation of the spouses to financially support each other, and not support each other in full, while the amounts recovered in favor of the plaintiff are aimed at her full monthly maintenance (Appeal ruling of the Pushkin City Court of the Moscow Region dated November 11, 2014 in case No. 11-97/2014).

Grounds for exemption from paying alimony for the maintenance of a spouse (former spouse)

The grounds for exemption from paying alimony for the maintenance of a spouse (former spouse) can only be:

- the child reaches 3 years of age,

- or such a change in the financial or marital status of the parties that would deprive the alimony payer of the ability to pay them,

- or the recipient of alimony has a complete lack of need for it.

In this case, the presence of a set of specified conditions is not required. It is enough to have at least one of them.

The obligation to provide maintenance to a spouse for up to 3 years rests with the other spouse only if he himself has the necessary means to pay alimony. I already wrote about this above in my article.

The availability of the necessary funds is understood as such a level of security for the spouse at which, after paying alimony, he himself will remain provided with funds in the amount of at least the subsistence level.
The availability of the necessary funds is determined by the court, taking into account all the circumstances of a particular case (see the Appeal ruling of the Motovilikha District Court of Perm dated 12/09/2015 in case No. 11-312/2015, the Appeal ruling of the Judicial Collegium for Civil Cases of the Omsk Regional Court dated 09/07/2016 . in case No. 33-9018/2016).

The court has the right, in the presence of special circumstances, to consider that the spouse does not have the necessary funds, even if after paying alimony he will still have funds in the amount of the subsistence minimum, for example, if the paying spouse, for health reasons, needs significant funds for treatment, etc.

I would like to immediately draw your attention to the fact that the grounds for releasing a spouse from the obligation to support another spouse, provided for in Article 92 of the Family Code of the Russian Federation, are not applicable in this case.

Article 92 of the Family Code of the Russian Federation talks about cases where a spouse is released from the obligation to support another disabled spouse in need of help.

Based on the provisions of Articles 89 and 92 of the Family Code of the Russian Federation in their interrelation, the grounds listed in Article 92 of the Family Code of the Russian Federation are not legally significant circumstances in disputes regarding the collection of alimony for the maintenance of a spouse (former spouse) until the child reaches the age of 3 years, because Article 92 The Family Code of the Russian Federation is not applicable to controversial legal relations, since the plaintiff belongs to a different category of persons who have the right to demand alimony (wife during pregnancy and for three years from the date of birth of their common child).

In other words, a wife during pregnancy and for three years from the date of birth of a common child is not considered an incapacitated needy spouse.

Okay, let's leave the article. 92 of the Family Code of the Russian Federation alone. I hope you have clearly understood that in cases of alimony for spousal support, it is not applicable.

At the same time, there is another interesting provision in the Family Code of the Russian Federation, namely, paragraph 2 of Article 119:

The court has the right to refuse to collect alimony from an adult capable person if it is established that he has committed an intentional crime against the person obligated to pay alimony or in the event of unworthy behavior of an adult capable person in the family.

Here's a real example. The wife cheated on her husband, the husband filed for divorce, the couple divorced. Subsequently, the wife filed a claim in court for spousal support.

Will the fact of treason affect the court's decision and how can this be proven? I believe that in court the ex-wife is unlikely to confirm the fact of infidelity.

It will be almost impossible to prove the fact of treason in court. Only if you don’t bring witnesses or provide a video recording, but in such cases, often, there is neither one nor the other.

At the same time, the burden of proving the immorality of your ex-wife’s behavior will fall on you, and accordingly, you will have to prove the fact of infidelity.

If you manage to do this, then you will have every chance of being exempt from paying alimony for the maintenance of your ex-wife.

Or here’s another interesting situation that also occurs in my practice.

My ex-husband is on parental leave. In this case, does the ex-wife have the right to demand alimony for her maintenance until the child reaches the age of 3 years?

To answer this question, you need to once again familiarize yourself with the contents of paragraph 2 of Article 89 of the Family Code of the Russian Federation and paragraph 1 of Art. 90 of the Family Code of the Russian Federation.

It states that the wife has the right to demand alimony - regardless of who works and who is on parental leave and actually takes care of him.

Therefore, my answer to the question whether the wife has the right to demand alimony for herself, despite the fact that the husband (ex-husband), and not she, is on parental leave, will be in the affirmative.

Why? Because in this case, alimony is collected not for the maintenance of the child, but for the maintenance of the wife after childbirth.

These alimony payments are in no way connected with child care, since the above-mentioned articles of the Family Code of the Russian Federation do not make the right to receive alimony dependent on where the child is and whether he is even alive or not.

For ex-husband In such a case, there are provisions in Chapter 13 of the Family Code of the Russian Federation.

It's quite simple. If the father maintains the child, he has the right to demand alimony from the child’s mother - and there are quite a lot of such decisions.

The wife received alimony and now got a job. Tips for the alimony payer

As a matter of fact, I included this section in the article not by chance.

Such life situation occurs quite often in practice.

Here's an example.

A man named Yuri sought legal advice from a certain lawyer Alexander from Moscow.

The situation itself and the lawyer’s response are outlined

Pay attention to what I highlighted in the brown fill.

By the phrase “you cannot file for cancellation of alimony,” the lawyer means that you do not have the right to file a claim for exemption from paying alimony.

Is it really? Let's figure it out. Here's an example from judicial practice.

Alimony for spousal (ex-spouse): procedural issues

When a wife (ex-wife) files a claim for alimony for her maintenance during pregnancy, the husband cannot file a counterclaim to challenge his paternity, since this is possible only after the birth of the child in connection with the challenge of the paternity record.

However, the husband has the right to present indisputable evidence that his wife (ex-wife) is not pregnant with his child, for example, a medical certificate stating that for medical reasons he cannot have children, etc.

The courts must examine such evidence, and if there is indisputable evidence that the child being carried by the spouse (ex-wife) is not common, the claim should, in theory, be denied.

Why in theory? But because some of our courts sometimes allow a different interpretation, based on the fact that Art. 89 of the Family Code of the Russian Federation does not contain wording that the wife must be pregnant with a common child, and they do not attach legal significance to such evidence, satisfying the demands of the spouse (former spouse) with reference to the fact that she is pregnant.

This interpretation of the commented article took place in the decision of one of the courts in the city of Guryevsk, Kemerovo region.

The court there expressly stated that a wife during pregnancy has the right to receive maintenance from her husband, regardless of whether she is pregnant from her husband or from another person.

If the claim is brought after the birth of the child, the defendant has the right to file a counterclaim to challenge the record of paternity.

If during the proceedings of this case it is established that the defendant is not the father of the child, then this circumstance in itself does not provide grounds for the return of alimony received by the plaintiff during pregnancy.

To do this, it is necessary to prove that the plaintiff knew for sure that she was pregnant not from the defendant, and submitted false documents to the court or provided false information.

A claim for the recovery of alimony for the period of pregnancy can be brought from the moment this fact is established and confirmed by medical documents.

The spouse (former spouse) has the right to file a claim for the recovery of alimony simultaneously for the period of pregnancy and a three-year period after the birth of the child.

Otherwise, she loses a significant part of the funds for her maintenance, since immediately after the birth of the child she cannot go to court with a new claim for obvious reasons, and alimony is awarded from the day the claim is filed.

In the event of termination of pregnancy or stillbirth, the defendant has the right to demand termination of alimony payments.

Alimony for the maintenance of a wife can be collected by the court from the moment she becomes pregnant until the expiration of three years from the date of birth of the common child.

The plaintiff in cases of recovery of alimony for the maintenance of a spouse (former spouse) is:

- ex-wife, if the marriage was dissolved during her pregnancy, and the claim was filed during pregnancy or within three years after the birth of a common child;

- wife (ex-wife) in the event of the birth of a common child before the divorce;

- wife (ex-wife) in the event of the birth of a common child after divorce, if the father of the child is the ex-husband.

At the same time, the ex-husband is assumed to be the father of the ex-wife’s child - if the child was born within 300 days from the date of divorce (clause 2 of Article 48 of the Family Code of the Russian Federation).

The defendant in cases of recovery of alimony for the maintenance of a spouse (ex-wife) is the husband (ex-husband).

Which court should I file a claim for spousal support?

The spouse (former spouse), acting as the plaintiff, files a claim for her maintenance until the child reaches the age of 3 years in the district court.

I wrote about this in detail in my other article in the section “Which court should I go to when filing?”

In the same article, in the corresponding section, you can easily find information about the state duty for filing a statement of claim.

And I won’t repeat myself here.

Claim for spousal support

In this section of the article I present to your attention my sample application for spousal support.

I am showing it to you only in terms of volume. This claim for spousal support is 100% effective and has been perfected over the years of my judicial practice.

The texts and wording that I used in this lawsuit are hidden from reading. The logic here is simple: mindlessly copying wording from someone else’s claim will not lead to anything good.

If you need a professionally drafted claim for the recovery of alimony for the maintenance of your spouse (ex-wife), taking into account your specific situation - contact me, I will draw up the best claim for you.

Many wives ( ex-wives) believe that cases of recovery of alimony for spousal maintenance are winning.

Nothing like this? if a professional works on the defendant’s side. Further, using one of the examples, you will clearly see how important it is to enlist the support of a professional in this matter, instead of using crooked claim templates scattered on the Internet. So, read on.

Court decision in the case of collecting alimony for the maintenance of the ex-wife

Having studied the case materials, as well as the evidence presented in the case, the court made the following decision:

That's all.

The objections prepared by me helped the defendant win the dispute in the case of collecting alimony for the maintenance of his ex-wife.

If you are a defendant in the case, please contact me and I will help you draw up a competent objection to the statement of claim for the recovery of alimony for spousal support.

Arbitrage practice

Judicial practice in cases of collection of alimony for the maintenance of a spouse (ex-wife) until the common child reaches the age of 3 years is based on the fact that the distribution of the burden of proof in claims for collection of alimony is of a general nature, provided for in Article 56 of the Civil Procedure Code of the Russian Federation.

Accordingly, the obligation to prove whether the defendant has the necessary funds is determined by the plaintiff’s demands and the defendant’s objections.

The court, when deciding whether to accept a statement of claim for the recovery of alimony for a spouse (former spouse), must keep in mind that such a statement can only be accepted if there is no notarized agreement on the payment of alimony between the plaintiff and the defendant.

At the same time, according to the general position, if the plaintiff, simultaneously with the requirement to collect alimony in court, raises the issue of terminating the agreement to pay alimony, or declaring it invalid, then the statement of claim, including these requirements, is subject to acceptance for consideration by the magistrate.

Judicial practice in cases of collection of alimony for the maintenance of a spouse (former spouse) shows that when determining the amount of alimony to be recovered for the maintenance of a spouse (ex-wife) until the child reaches the age of 3 years, judges take into account the financial and marital status of both parties, including the amount of earnings , other income, the presence of other obligations (loans, alimony obligations), family composition, the presence or absence of other dependent persons and other circumstances.

The collection of alimony for child support by a court decision also cannot be a basis for reducing the guaranteed level of maintenance for the spouse caring for him.

Judicial practice in cases of collection of alimony for the maintenance of a spouse (former spouse) is numerous, and if you wish, you can find court decisions yourself by using an Internet search.

With your permission, I will end my story here. I hope my article will help both plaintiffs and defendants in cases of alimony for the maintenance of a spouse (former spouse).

If you still have any questions about the topic of today’s article, ask them in the comments, or call me and we will discuss your situation personally.

Case No. 2-03/12.

Received in court on August 25, 2011.

SOLUTION solution

IN THE NAME OF THE RUSSIAN FEDERATION

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Magistrate of the 4th judicial district of the Sovetsky district of the city of Novosibirsk, Novosibirsk region Demidovich G.F.

Starring:

Representative of the plaintiff: M. by proxy dated August 15, 2011,

Defendant: Tvetchik K.:>

Representative of the defendant O. under order No. 186 dated 10/04/2011.

With secretary P.

Having considered in open court a civil case on the claim of K. against K. for the recovery of alimony for the maintenance of a child and alimony for K.E.V. until the child reaches three years of age,

INSTALLED: installed:

E.V. filed a lawsuit against G.I. on the collection of alimony for the maintenance of the child F.G. in the amount of ¼ of all types of earnings monthly, as well as alimony for E.V. monthly in the amount of one minimum wage until the child reaches three years of age. In support of the claim, she indicated that she had been married to the defendant since October 10, 2008, and had a son, Fedor, together, November 26, 2009. birth. From January 30, 2011 The parties live separately, the child lives with the plaintiff, who is on leave to care for the child until the child reaches 3 years of age.

The plaintiff insisted on the claim at the court hearing, explaining that in fact the plaintiff and her son are supported by her parents. She is forced to spend a lot of time raising the child, and therefore has limited earning potential. Before that, she worked as a chief accountant in three organizations, and due to the birth of her son, she was forced to give up work and go on maternity leave. In total, according to income certificates, she receives approximately 12 thousand a month. These funds are not enough for the child’s living and development. The child does not go to kindergarten, but attends individual classes, which are paid for by the plaintiff. In addition, the plaintiff bears the costs of paying for utilities. All expenses justify the amount of funds claimed for collection for its maintenance until the child reaches the age of 3 years.

At the court hearing, the defendant admitted the claim regarding the requirements for the collection of alimony for the maintenance of his son, and explained that for his maintenance he voluntarily pays money to the plaintiff monthly, for which he presented documents for the transfer to the account of the plaintiff E.V. the following funds for child support: 03/25/2011 - amount 3000 rubles, 04/01/2011 for the amount of 4000 rubles, 05/03/2011. – 4000 rubles, 06/03/2011. 4000 rubles, 07/06/2011. – 7000 rubles, 08/01/2011 – 3000 rubles, 09.17.2011 for the amount of 4000 rubles, 10/03/2011. – 3500 rub. 07.11.2011 – 7000 rub.

Regarding the demands for the collection of monthly alimony for the maintenance of the plaintiff in the amount of one minimum wage, he objected, pointing out that the plaintiff receives a salary and can support herself. She is not on maternity leave for up to 3 years, but works as a chief accountant in several organizations and has sufficient income. On the contrary, the defendant is not currently working, having quit his job after the expiration of his probationary period.

After hearing the parties and analyzing the case materials, the court established the following factual circumstances in the case.

The parties have been married since October 10, 2008,which is confirmed by the marriage certificate (case sheet 5). The said marriage has not been dissolved.

The parties have a child together - son Fedor, born in 2009. birth, as confirmed by the birth certificate (case sheet 6). The parties have not lived together since January 30, 2011, the child lives with the plaintiff.

According to the order dated May 26, 2011. No. 46-KMBUDODg. Novosibirsk "Sports and Youth Sports School of the Olympic Reserve for Snowboarding" and by order of LLC "KitoTechSib" dated June 26, 2011, the plaintiff is on maternity leave for a child under 3 years old until November 26, 2012.

The defendant's income wasaccording to 2-NDFL certificates for 2010, 2011 for the period from June 2010. until December 31, 2010 - 18603, 83 rub. per month, from January 2011 to October 2011 -14933, 86 rub. per month. Since October 2011 The defendant worked as a carpenter with a salary of 12,000 rubles.

The plaintiff's income is 12863.96 rubles. per month according to the 2-NDFL certificate for 2011 from the ROO Alpine Skiing and Snowboard Federation of the Novosibirsk Region (12,500 rubles per month) and the 2-NDFL certificate for 2011 from KinoTehSib LLC (363.96 rubles per month).

Taking into account the position of the defendant regarding the recognition of the claim regarding the recovery of alimony for the maintenance of his son in the amount of ¼ of all types of earnings, in in accordance with Art. 39 of the Code of Civil Procedure of the Russian Federation, the court accepts the recognition of the claim by the defendant, considering that it does not contradict the law and does not violate the rights and legally protected interests of other persons.

When considering the requirement to collect alimony for the maintenance of his wife, E.V. Until the joint child reaches 3 years of age, the court is guided by the rules from Art. 89 of the RF IC, which provides for the obligation of spouses to financially support each other. Since the defendant objects to the denial of financial assistance to the plaintiff, and the law provides for the right of the wife to demand such assistance within three years from the date of birth of their common child, the court finds this demand of the plaintiff subject to satisfaction.

In accordance with Art. 91 of the RF IC, in the absence of an agreement between spouses on the payment of alimony, the amount of alimony exacted from a spouse in court is determined by the court based on the financial and marital status of the spouses and other noteworthy interests of the parties in a fixed sum of money payable monthly.

The plaintiff filed a demand for the collection of alimony for his maintenance in the amount of 1 minimum wage, that is, 4,611 rubles. per month. The minimum wage is used exclusively to regulate wages, as well as to determine the amount of benefits for temporary disability (Article 3 No. 82-FZ “On the minimum wage”). The same Law establishes basic amounts on the basis of which taxes, fees, fines and other payments made in accordance with the legislation of the Russian Federation should be calculated.

In accordance with the norms of the RF IC, alimony is collected in proportion to the earnings of the person obligated to pay alimony. When increasing minimum size wages, the salary of this person increases, therefore, the amount of alimony paid increases.

According to Art. 1 of the Federal Law of the Russian Federation of June 19, 2000. No. 82-FZ “On the minimum wage” from 06/01/2011. The minimum wage has been set at RUB 4,611. per month.

Under such circumstances, taking into account the plaintiff’s right to receive child support in addition to alimony for her as a wife, as well as the fact that the plaintiff’s monthly income is 12,863.96 rubles, taking into account the financial situation of each of the parties, the court considers it necessary to establish the amount of alimony for a wife equal to ½ minimum wage, which is 2305.5 rubles.

The court rejects the defendant’s arguments that the plaintiff has income to support himself, but he is temporarily unemployed and is solving the issue of employment. At the same time, the court takes into account that the defendant is able-bodied by age and health and has the opportunity to provide financial assistance to the other spouse, his The possibilities for earning income are objectively unlimited. The law does not connect the wife’s right to receive alimony until the common child reaches three years of age with the circumstances of her work and the possibility of independently obtaining funds for her maintenance. The defendant has not presented any arguments that the defendant has other dependents, as well as other information worthy of attention, and the court does not have any.

When considering the plaintiff’s arguments to establish alimony collected from the defendant for her maintenance in the amount of 1 minimum monthly wage until the child reaches 3 years of age, the court takes into account both the financial situation of each of the parties, which is equal, and their equal responsibilities for the maintenance of their minor son.

It is taken into account that the plaintiff did not prove the need to collect funds in the declared amount, including taking into account payment for utilities, since the documents presented are not relevant evidence in the case. Thus, receipts for payment of utilities at the address: Krasnoobsk, no. kV., are not related to the place of residence of the plaintiff, who, according to the information in the statement of claim, lives at the address: Novosibirsk district.

Documents for payment for the purchase of children's things (checks) and expenses for the child's education, as evidence of which was presented (an agreement for the provision of paid services dated October 11, 2011 in the amount of 1,600 rubles monthly) serve as evidence of the existence of expenses for the maintenance of the child, and not the plaintiff.

In accordance with paragraph 2 of Art. 107 of the RF IC, alimony is awarded from the moment the person goes to court. The plaintiff went to court on August 22, 2011.

In accordance with Art. 103 of the Code of Civil Procedure of the Russian Federation, the costs incurred by the court in connection with the consideration of the case, and the state duty, from payment of which the plaintiff was exempted, are recovered from the defendant, who was not exempt from paying court costs, into the budget in proportion to the satisfied part of the claims. In accordance with subparagraph 14 of paragraph 1 of Art. 333.19 of the Tax Code of the Russian Federation, the amount of the state duty to be collected from the defendant to the budget is 200.00 rubles.

Based on the above, guided by Art. Art. 194-199 Code of Civil Procedure of the Russian Federation,

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DECIDED: decided:

To collect from SG I, born in 1981, a native of the city of Novosibirsk, registered at the address: Novosibirsk, in favor of E V, born in 1982, a native of Novosibirsk, living at the address: Novosibirsk district, alimony for the maintenance of a minor child Fedor, 2009. in the amount of ¼ of all types of earnings and (or) other income, monthly, starting collection from 08/22/2011. until the child reaches adulthood.

To collect from SG I, born in 1981, a native of the city of Novosibirsk, registered at the address: Novosibirsk, in favor of E V, born in 1982, a native of Novosibirsk, living at the address: Novosibirsk district, monthly alimony for the maintenance of E V in the amount of 2 305.5 rubles (1/2 of the minimum wage established by Article 1 of Federal Law No. 82-FZ of June 19, 2000), subject to indexation in proportion to the increase in the minimum wage established by law, starting collection from August 22, 2011 to 26 » November 2012 (Achievements by Fedor, born in 2009, three years old).

Collect from GI, state duty to the local budget in the amount of 200 (Two hundred) rubles 00 kopecks.

In accordance with Art. 211 Code of Civil Procedure of the Russian Federation, rThe court's decision regarding the collection of alimony is subject to immediate execution.

The decision can be appealed to the Sovetsky District Court of Novosibirsk within a month.

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DEFINITION

(appeal)

Court of Appeal of the Kirovsky District Court of Omsk

as part of the presiding judge Butakova M.P.,

with secretary B.,

having considered in open court on February 8, 2010 O’s appeal against the decision of the magistrate judge of court district No. of the Kirov administrative district of Omsk dated November 23, 2009 on the recovery of alimony from O for spousal maintenance until the child reaches the age of three,

INSTALLED:

O filed a statement of claim against O for the recovery of alimony in a fixed sum of 4,500 rubles. for the maintenance of the spouse until the child reaches the age of three.

By the decision of the magistrate of the court district No. KAO of Omsk dated November 23, 2009, the claims were partially satisfied: alimony was collected from O in favor of O for her maintenance in the amount of 4,300 rubles. monthly starting from 10/07/2009 and for three years from the date of birth of a common child, with subsequent indexation in proportion to the increase in the minimum wage established by law, a state duty was also collected for the local budget in the amount of 100 rubles (case sheet 47-48) .

O appealed to the Kirovsky District Court of Omsk, in which he asks to cancel the above decision of the magistrate, believing that it was made in violation of the norms of substantive and procedural law, since at the time of the consideration of the case he did not work under an employment contract or other sources of income didn't have. He lives with his pensioner parents, who are forced to support not only themselves, but also him and his parents, each receiving 3,601 rubles, which is below the minimum wage. The court's conclusion that the defendant has a real opportunity to pay part of the funds for the maintenance of his wife is not confirmed by the case materials and is unfounded. The plaintiff had not previously approached the defendant for help. The court did not take into account the duration of the spouses' marriage, which is one of the grounds for releasing a spouse from the obligation to support the other spouse. The marriage between the spouses was registered on September 15, 2006, dissolved on October 10, 2008, in fact family relationships terminated in February 2008, that is, the duration of the marriage of the parties is 1 year and 5 months. The court's decision puts the defendant in a difficult financial situation. Currently, he works under an employment contract at OOO with a salary of 10,217 rubles, and has no other sources of income. Pays 25% of earnings for the maintenance of a minor child - 2554.25 rubles. And taking into account the court decision to collect alimony for the maintenance of the spouse in the amount of 4,300 rubles, the amount of payments will be 6,854.25 rubles, or approximately 68%. The defendant is left with 3362.75 rubles, which is below the minimum wage. And according to Art. 138 of the Labor Code of the Russian Federation, when deducting from wages under several executive documents, the employee must, in any case, retain 50% of the wage.

At the court hearing, O supported the complaint, explaining to the court that in addition to paying child support, he was taking all measures to pay off the arrears of alimony that arose after he lost his job. He understands that he must obey the law, but he must have enough left over to live after all the payments: at least for food and travel.

O objected to the satisfaction of the complaint. Additionally, she explained to the court that since after the sale of the house in the village, there was only enough money to buy a garden house, she lives in it. Therefore, all treatment of the child is paid. There are currently no places in the kindergarten, a second commission is scheduled for May, but even then it is not known whether there will be places. That's why she can't go to work.

After listening to the persons participating in the case and checking the materials of the case, the appellate court considers possible solution The justice of the peace dated November 23, 2009 left unchanged, clarifying it in terms of the collected amount of alimony and the period of collection, on the following grounds.

By virtue of Art. 89 of the RF IC, spouses are obliged to financially support each other. In the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the wife has the right to demand the provision of alimony in court from the other spouse who has the necessary means for this during pregnancy and for three years from the date of birth of the common child.

According to Art. 91 of the RF IC, in the absence of an agreement between spouses on the payment of alimony, the amount of alimony exacted from a spouse in court is determined by the court based on the financial and marital status of the spouses and other noteworthy interests of the parties in a fixed sum of money payable monthly.

As established at the court hearing and as follows from the case materials, O and O were in a registered marriage from September 15, 2006, which was terminated on October 10, 2008 (case file 5). From the marriage they have a minor child - O, born on February 28, 2008 (case file 26), for whose maintenance alimony was collected from the defendant by court order dated April 30, 2008 (case file 28, 30).

O is on parental leave until he reaches the age of three years from 08/29/2009 – 02/28/2011 (case sheet 6, 7). In 2009, she received child care benefits in the amount of 6420.11 rubles. (case file 4). Monthly allowance does not receive child care. He does not have his own housing, and therefore lives with his child on a summer cottage (case file 24).

According to the rules of Art. 92 of the RF IC, the court may release a spouse from the obligation to support another disabled spouse in need of help or limit this obligation to a certain period both during the marriage and after its dissolution if the disability of the spouse in need of help resulted from the abuse of alcoholic beverages or narcotic drugs or as a result of his commission of an intentional crime; if the spouses are married for a short period of time; in case of unworthy behavior in the family of a spouse requiring payment of alimony.

As established at the court hearing, O and O lived in marriage for 1 year and 5 months, which, in the opinion of the court, is not short-lived.

Thus, the decision of the magistrate to collect alimony from the defendant for spousal support is legal and justified.

At the same time, the court considers it necessary to clarify the amount of alimony by collecting 2,500 rubles in favor of the plaintiff, since, as follows from the employment contract, the defendant’s official salary is 10,217 rubles. (case files 63-65), the latter regularly pays child support and additionally to pay off the alimony debt incurred due to the fact that he was left without work, which is confirmed by the case materials (case files 27, 32 , 66), regularly transfers funds to the plaintiff’s account: in October, November 2009 and January 2010, 7,000 rubles each. After paying alimony, the defendant has 7662.75 rubles left at his disposal, and it is from this amount that the defendant will have to pay alimony for the maintenance of his wife. In this connection, the amount of the corresponding alimony collected by decision of the magistrate is 4,300 rubles. – the appellate court considers it too high. At the same time, the court also takes into account the plaintiff’s arguments that she and her child are forced to seek paid medical care, and, accordingly, bear additional expenses for the treatment of her daughter, however, the incurrence of additional expenses for children is regulated by Art. 86 of the Family Code of the Russian Federation, according to which, in the absence of an agreement and in the presence of exceptional circumstances (serious illness, injury to minor children or disabled adult children in need, the need to pay for outside care for them and other circumstances), each of the parents may be brought by the court to participate in bearing additional expenses caused by these circumstances. The procedure for the participation of parents in incurring additional expenses and the amount of these expenses are determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed amount of money payable monthly (clause 1). The court has the right to oblige the parents to participate both in the additional expenses actually incurred and in the additional expenses that need to be incurred in the future (clause 2).

Also, taking into account the fact that, as stated in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 19, 2003 No. 23 “On the Judicial Decision,” the decision is an act of justice that finally resolves the case, its operative part must contain comprehensive conclusions arising from those established in reasoning part of the factual circumstances that the court decision should not cause difficulties in its execution, the court considers it necessary to clarify the decision of the magistrate by indicating the date from which the daughter of the plaintiff and defendant turns 3 years old, i.e. until 02/28/2011

Guided by Art. Art. 328, 329, 335 Code of Civil Procedure of the Russian Federation, court

DEFINED:

The decision of the magistrate of the judicial district No. of the Kirov administrative district of Omsk dated November 23, 2009 on the claim of O to O for the recovery of alimony in a fixed amount for the maintenance of the spouse until the child reaches the age of three is left unchanged, and O’s complaint is not satisfied, specifying the amount of alimony , subject to recovery from O for the maintenance of the spouse and the period of collection, having collected from O, in favor of O, alimony for the maintenance of the spouse in the amount of 2,500 rubles. monthly, starting from 10/07/2009 and for three years until the child reaches 3 years of age, i.e. until 02/28/2011.

The ruling of the appellate court comes into force from the date of its issuance and can be appealed through supervisory review within 6 months.

Presiding M.P. Butakova

The definition came into force on 02/08/2010.

Alimony obligations of spouses and former spouses are regulated by Chapter 14 of the Family Code of the Russian Federation. The resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and the collection of alimony” dated October 25, 1996 No. 9 explains how to correctly apply the provisions of this chapter. the application, its form and content are specified in Article 131 of the Civil Code of the Russian Federation.

Article 89 of the Family Code establishes that a spouse has the right to demand alimony for her maintenance only in a situation where her spouse does not support her financially, and only under one of the following conditions:

- the spouse is disabled;
- the spouse is pregnant;
- the spouse is raising a common child, but only until he reaches 3 years of age;
- the spouse takes care of common child- a disabled person until the child reaches 18 years of age or for a common child who has been disabled since childhood, group I, for an indefinite period.

Ex-wives also have similar rights, with the only difference that they have the right to demand alimony for disability only if they became unable to work during the marriage, or within a year after the divorce (Article 90 of the RF IC).

The right to collect alimony in accordance with Art. 89, 90 of the RF IC, women whose marriage was not registered do not have it, even despite the duration of their cohabitation.

According to Article 91 of the RF IC, the amount of alimony exacted from a spouse (former spouse) in court is determined by the court based on the financial and marital status of the spouses (former spouses) and other noteworthy interests of the parties in a fixed sum of money payable monthly.

Based on these provisions, the spouse (ex-wife) must first prove her deplorable financial situation, and the spouse’s property status is sufficient to pay alimony. Such evidence may include income certificates, information from pension fund on the amount of pension or pension contributions, from the tax authorities, testimony of creditors and counterparties, bank statements on account movements, information on the availability real estate, cars, enterprises, information about charitable activities, civil contracts, information about fees received, etc.

The statement of claim in this type of case must, in any case, comply with the requirements of Article 131 of the Civil Code of the Russian Federation for any statement of claim.

Statements of claim for this category of disputes must necessarily contain:

1. The grounds on which the spouse (former spouse) wishes to receive alimony, a link to evidence confirming this ground: copies of the marriage certificate, the birth of a child, documents confirming disability.
2. Justification of the required amount of the claim. Here you can refer to the difference between your income and the cost of living, the amount of utility bills, the cost of vital medications, and medical procedures. It is necessary to provide links to relevant documents.
If the spouse (former spouse) already pays child support, then in no case can the amount of the claim be justified by the need to provide for the child.
3. A reference to information about the financial situation of the spouse, relevant evidence, or requirements for the court to request such information from the employer, pension fund, Rosreestr, etc.

The state fee for this category of claims is not paid; the statement of claim is filed in the magistrate’s court at the place of residence of the defendant.

What difficulties may there be in collecting alimony for the maintenance of a spouse (ex-wife).

1. Even if all the conditions for collecting alimony are met, the court may refuse to satisfy the claim if the spouses have not lived together for a long time and the spouse refers to these circumstances in his arguments. The court will most likely refuse to satisfy the ex-wife's claim if the spouses were married for only 1 month, and after 11 months the ex-wife, while climbing, fell from a cliff and lost her ability to work.
2. One of the ways to resist in the event of filing a claim for the collection of such alimony is to file a counterclaim for the division of debts.
This is a very real situation. The parties to the dispute have not had their marriage dissolved and live separately. The woman filed a claim against her husband for the recovery of alimony for her maintenance until the child reaches 3 years of age. She asks to oblige her husband to pay her 6,000 rubles monthly. At the same time, she pays 20,000 rubles per month under a mortgage loan agreement for an apartment purchased before marriage in her name. The spouse himself does not pay a penny for this apartment, however, since the marriage is not dissolved, all income of the spouses is common, including the money that the spouse pays for the mortgage. And since this money is common, the husband has the right to recover from his wife in court half of the money paid on the mortgage during the marriage. In such disputes, the spouse’s arguments that the marriage was only on paper will have no legal significance.
Even if the court fully satisfies the wife’s claim, then the maximum she will be able to recover from her husband is 216,000 rubles, however, the husband will be able to recover from her much more, since he will be collecting for the entire period of payment of the mortgage while they were married, and this can be 5 or 10 years.
A similar situation can occur with any credit obligations. A spouse (former spouse) may file a claim for division between the former spouses of any loans taken and (or) paid during the marriage, unless, of course, the marriage contract between the spouses provides for a different scenario for resolving the current situation.
3. The spouse may, in retaliation, prohibit the child from traveling abroad. Then such a ban will have to be challenged in court.
4. The spouse may file a claim for deregistration if the ex-wife is registered in the ex-husband’s apartment, as well as for eviction if she lives in such an apartment.
5. Placement of a spouse receiving alimony from another spouse in a home for the disabled for state provision or transferring it to the care (care) of public or other organizations or private individuals (for example, in the case of concluding a contract for the sale and purchase of a house (apartment) with the condition of lifelong maintenance), may be the basis for exempting the alimony payer from paying them, unless there are exceptional circumstances , making additional costs necessary ( special care, treatment, food, etc.), since by virtue of clause 2 of Art. 120 of the RF IC, the spouse’s right to receive maintenance is lost if the conditions that, according to Art. 89 of the RF IC, the basis for obtaining maintenance (clause 22 of the resolution of the Plenum of the Supreme Court of October 25, 1996 No. 9).
6. The court will definitely refuse to satisfy the claims if the spouse’s (former spouse’s) incapacity for work occurred due to the abuse of alcoholic beverages, drugs or as a result of the commission of an intentional crime.