How to file for child support while married?

2024 Author: Priscilla Miln | [email protected]. Last modified: 2023-12-16 00:21

No one likes to solve family problems in court. Of course, it is best to agree on all issues with the spouse amicably by drawing up an appropriate agreement with a notary. But sometimes reaching a consensus is just not possible. Then the logical question is raised: "Can I apply for alimony while married?" When all peaceful methods of solving the problem have not brought any results, then you can and simply have to go to court.

In today's unstable society, situations often arise when a woman with a child is left without a strong male support, but it makes no sense to draw up divorce papers. The situation is aggravated by the fact that state assistance at the birth of a child contributed to the birth of a second and even third child in the family. That's just socialhelp cannot solve absolutely all problems, it can only give support. Therefore, with the question: "How to apply for alimony while married?" – women are increasingly turning to lawyers and officials.

The Family Code in Russia (Art. 80), like the corresponding laws in any other country, clearly provides that it is the duty of both parents equally to support a child until he reaches the age of majority, regardless of whether the marriage is formalized, terminated or never previously concluded. If one of the parents evades this responsibility, the person responsible for the child has the right to go to court.

There is also a rule of law that provides for the possibility of filing a lawsuit in court for the maintenance of one of the spouses (Article 89). This rule applies only to married spouses.

The only thing is that the circumstances for such cases are clearly specified. A disabled spouse who needs material support can file alimony with the court; wife during pregnancy and until their common child reaches the age of three; and any spouse caring for a disabled child.

So, let's discuss the last moment of the question posed, how to apply for alimony while being married. This is a list of required documents and the application for alimony itself, a sample of such an application. I immediately draw your attention to the fact that the application does not have any special requirements, it is written briefly,setting out the main essence, and in a free form. Therefore, there is no urgent need to contact a lawyer or a lawyer. Often, samples of such statements are on display in each local court. I will list the main points on how to file for alimony while married.

The application header is filled in in the general order: the name of the court, the details of the plaintiff and defendant. The requirements for filling them out should always be clarified in a particular court, because, in addition to the address of residence and contacts, additional information is sometimes required. Further in the middle it is indicated: "Statement of claim", and from a new line: "on the recovery of alimony." The text of the statement should briefly state the essence of the issue. For example, "On such and such a date between me - full name, and the defendant - full name, a marriage was concluded. One or more children were born in this marriage (indicate the full last name, first name, patronymic and date of birth of each child). To date, this marriage between us is not terminated. Despite this, the defendant does not take part in the upbringing and maintenance of the child / children. An agreement on the payment of alimony could not be reached. " Since the law provides for the need to first reach an agreement on the payment of alimony, the last phrase must be spelled out in the application. Otherwise, the judge will be required to return the application to you in order to be able to reach such an agreement between you in advance.

The following are the norms of the law, according to which youyou go to court. For example, “In accordance with Article 80 of the RF IC, I ask …” Next, the requirements for the defendant are listed from the new line, for example: “To collect child support from the defendant in favor of the plaintiff” and indicate the amount of alimony. Often, the amount of alimony is set monthly at a percentage rate (25%) of all earnings received (Article 81 of the RF IC). In cases of non-permanent earnings or non-fixed income, the defendant can be demanded from him, in accordance with Art. 83 of the UK, a clearly specified amount of money, which must be indicated in the application and justify this desired amount (for the treatment of the child, education or other needs). The accrual period in such cases is always counted from the very day when the application was received from you in the court of law, so this can not be mentioned. But you can always use phrases that are clearly written off from these articles. This will be easier for both you and the referee.

If there are grounds and the need to receive alimony for you, as a needy spouse, then a separate similar application is submitted indicating the essence of the issue and the reasons for collecting alimony, in accordance with Article 89 of the RF IC. As a rule, the application for the maintenance of the spouse is submitted together with the application for the maintenance of the child. Therefore, lawyers always mention this when answering the question of how to file for alimony while being married.

At the end of the statement of claim, documents are always indicated, without which your application simply will not be accepted. These are copies of: marriage certificates andbirth of a child (all children), other documents confirming the child's he alth status, other needs, income statements, as well as a copy of the statement of claim to send to the defendant.

Also attached is a receipt confirming the payment of the state duty for filing a claim in the amount of 100 rubles. Exactly the same receipt is also attached to the application for maintenance of the plaintiff. These are prices for courts of general jurisdiction and justices of the peace of the Russian Federation. But, for example, in Ukraine, plaintiffs, when applying for the payment of alimony, are exempt from state duty. I also draw your attention to the fact that in Russia, according to Article 333.36 of the Tax Code, claimants on claims for the recovery of alimony are exempted from paying state duty.

I strongly recommend that you clarify the points you are interested in in the particular court where you will apply. If everything is done within the law, and all circumstances are provided for, then the court cannot reject your claim or request for alimony. If there was an inaccuracy or incorrectness in the application or the filing procedure, the judge will give you the opportunity to clarify the nuances or correct the errors. Don't despair, a solution can always be found. Good luck to you and your children!