Who rely on alimony to wife
A woman can count on alimony from the former spouse only under certain circumstances, namely:
- if it is disabled, the husband is obliged to pay maintenance to wife in the period of her disability;
- in the period of pregnancy and until the child reaches the age of three years, few people know that this paragraph applies to a former spouse;
- a woman who is caring for a disabled child, in case it experiences financial difficulties.
Maintenance for spouses unable to ex-wives who have reached retirement age if the marriage was terminated not earlier than 5 years prior precedent. The court will take into account, what period of time the couple spent in marriage and how really the woman needs financial support from men.
It is worth saying that the Family code does not specifically define what actually is "neediness". In each case the court will decide whether the husband to pay maintenance to the wife. This certainly will be considered income to the level necessary expenses, do women have a source of existence, whether it is sufficient to obtain the minimum set of products and services.
Ambiguous is a question of the amount, payable by the spouse for the maintenance of women. Its value individual, depends on many factors. In particular these are the conditions of a woman's life, its material wealth, the income of the spouse. The court may determine pay out in hard cash currencies that are multiples of the subsistence minimum, or certain parts of it.
It is worth remembering that a living wage is set depending on the payer in a certain subject of the Russian Federation, so may be different. Respectively, may vary monthly alimony payments. As a consequence, when changing the minimum subsistence level child support will be increased. Such a rule is introduced in the Legislation of the Russian Federation in 2011.
If an agreement on the payment of alimony to the wife was concluded earlier, the court will reject the lawsuit filed by the woman, providing an opportunity for spouses to understand yourself.
However, court proceedings are not mandatory in establishing the alimony on the maintenance of women. The husband can make payments voluntarily. In addition, this paragraph could be included in the marriage contract and become its integral part. Between the spouses can come to an amicable agreement on the payment of alimony. If it is determined that you will be charged in hard currency, the husband, or an ex-husband will pay monthly a fixed amount of money.
It is worth remembering that to seek alimony a spouse may, at any time. However, over time she will be able to receive compensation for not more than three preceding established by the court date.
The obligatory point is that the obligations which arise among men concerning women are not supposed to mix with the contents of the common children. Different types of costs.
Of course, a voluntary agreement is a more civilized way of settlement of relations than the establishment of fees by the court. Nobody, of course, during the wedding, not planning to divorce, but nevertheless it is worth considering different circumstances, including alimony to the wife.
When the alimony is no longer necessary
The family code provides for the circumstances when payments in respect of women stop. This happens if the wife goes out of the decree, and went to work, and enters into a new marriage. This requires evidence from the payer. It will provide them to the court, if they are convincing, then the encumbrance will be lifted.
The court is entitled to refuse the woman if the husband has no stable income, he's got dependents, if she filed for child support on his wife.