Advice 1: Can I file for alimony after the marriage

Child support can be obtained even when the marriage between the spouses has not been terminated. Maintenance is carried out voluntarily or by court order.
Child support
Russian legislation provides for equal participation of spouses in the support, care and treatment of their minor children. However, in our country there are situations when the husband regularly does not fulfill its obligations: withholding income, or cannot provide for the family due to low and irregular income, addiction to alcohol, etc. In this case, the wife may apply for alimony, even without a formal dissolution of marriage. Sometimes husband and wife do not support family relationships, but cannot divorce because of the difficulties with the division of property or other obstacles. It is in any case does not prevent to apply for alimony if the spouse refuses to provide for their children.

How to file for alimony without dissolution of marriage



The procedure does not differ from that which occurs during official divorce. If spouses were able to negotiate peacefully, they together with a lawyer write up a contract stating the amount of the payment and assure him of a notary. Otherwise, you will need to apply to the world court to collect the alimony on the minor child or children. If the common child of the spouses less than a year, she may obtain alimony and own the content.

Documents and procedure for filing a claim for alimony in marriage



In magistrates court you can apply in person or send all required documents by registered mail. The main document – the statement of claim in writing, specifying name of claimant, address of registration and residence, name of defendant and address (permanent and actual).

The application should attach several documents:

- copy of marriage certificate;

- a copy of the birth certificate of the child or children;

- certificate of employment of the defendant.

It often happens that the plaintiff has no opportunity to find the latest document from the list, so it is permissible to specify in the statement that the place of work of the defendant is unknown.

After submission of the application the magistrate within a few days to take it to court and initiate a civil case. The plaintiff can expect to receive 25 % of the official earnings of a spouse for one child, 33% for two children 50 % for three or more children. Sometimes, you can accrue alimony in a fixed amount, if the husband has no stable income, or his salary is significantly different from the sum of the actual earnings. The amount of child support is also affected by such factors as health condition of a spouse, the level of his income and the presence of other children in respect of which it performs maintenance obligations.

Advice 2 : How to apply for child support without a divorce

In the case when the father brings home a paycheck, does not live with the family or in any other way, evades the obligation to maintain the children, you can force him to pay child support. Even if you don't divorce him.
How to apply for child support without a divorce
For many women making alimony without divorce is a good way out of a situation when children to feed and ruin the marriage for any reason is not desirable. Or for those who want to make mandatory payments on the children, and then to engage in the divorce process.

It should be noted that the design of child support law is not directly prescribed, but the essence of this follows directly from certain provisions of family law.

In addition to children, right to alimony without a divorce have a wife in pregnancy and within 3 years from the date of the birth of a baby and a disabled needy spouse. However, the fact of disability will have to prove.

The order of registration


Alimony can be issued voluntarily in court. It is called a notarial agreement on payment of alimony. If the consent of the spouses achieved by peaceful means, they can go to a notary and sign a contract to pay alimony, specifying the terms of the order and the size of the content. Voluntary notarial agreement has the same legal force as a law enforcement sheet.

This method is very convenient to both spouses. It is not necessary to go to court, the payer will be able to hide your status of "alimony" to the employer, saving time and energy on litigation.

But if an agreement between spouses cannot be reached, it is necessary to go to court. In this case the procedure is the same for spouses who are married and for divorced spouses.

The size of payments


This is one of the most important conditions elementstogo agreement, if it is voluntary. According to the law of the size specified in the agreement payments shall not be less than that expected according to the law. Namely: for one child – 25% of the income of the spouse, for two – 33% of income, three and more children – 50%. If spouse becomes unstable earnings, the size of payments can be specified in a fixed amount of money.

If child support collected through a court, the judicial decision on the amount of alimony will be determined according to the material situation of the spouses, their marital status and other significant factors.

Alimony


If the presence of a voluntary agreement the husband still refuses to pay content, a needy spouse is drawn to the bailiffs. And they, in turn, are treated at the place of work "alimony" to produce the necessary deductions from his salary.

If alimony has been judged, the needy spouse claim is issued the court order. A copy of this order and shall be sent to the debtor. If the last 10 days is not appealing the original court order enters work bailiffs.
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