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.
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.
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.
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.
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.