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.
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.
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.
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.
