How to file for alimony while in a marriage?

Nobody likes to solve family problems in court. Of course, it is best to coordinate all the issues with the spouse amicably, having formalized the corresponding agreement with the notary. But sometimes it is simply impossible to reach a consensus. Then the logical question is raised: "Can I file for alimony while I'm married?" When all peaceful ways of solving the problem did not bring any results, then you can and just have to go to court.

In today's unstable society, there are often situations where a woman with a child is left without a strong male support, but at the same time, documents for divorce do not make sense. The situation is aggravated also by the fact that the state's help at the birth of the child has contributed to the birth of the second and even the third child in the family. But only social assistance can not solve absolutely all problems, it can only give support. Therefore, with the question: "How to file for alimony while in a marriage?" - Women are increasingly turning to lawyers and officials.

The Family Code in Russia (Article 80), like the relevant laws in any other country, clearly stipulates that keeping a child up to the age of majority is the responsibility of both parents equally, irrespective of whether the marriage is registered, dissolved or never before Was. If one of the parents shirked from performing this duty, the person responsible for the child has the right to apply to the court.

There is also a rule of law, which provides for the possibility of filing a lawsuit for the maintenance of one of the spouses (Article 89). This rule is valid only for spouses who are married. The only thing that the circumstances for such cases are clearly stipulated. The alimony may be submitted to the court by a disabled spouse who needs material support; Wife during pregnancy and until reaching their common child of three years of age; As well as any of the spouses, caring for a disabled child.

So, let us discuss the last point of the question posed, how to file for alimony while in a marriage. This is a list of necessary documents and the very application for alimony, an example of such a statement. I immediately draw your attention to the fact that the statement does not have any special requirements, it is written briefly, stating the main essence, and in free form. Therefore, there is no need to appeal to a lawyer or a lawyer. Often examples of such statements are on the stands in each local court. I will list the main points how to file for alimony while in a marriage.

The cap of the application is filled in the general order: the name of the court, the details of the plaintiff and the defendant. Requirements for their filling should always be specified in a specific court, because, in addition to the address of residence and contacts, sometimes require additional information. Further in the middle it is indicated: "Statement of claim", and with a new line: "on recovery of alimony." The text of the statement should briefly state the essence of the matter. For example, "There was a number between me and the name and surname of the defendant, the marriage, and one or more children were born in this marriage (the full name, first name, patronymic and birth date of each child)." To date, this marriage Between us is not terminated.But despite this, the defendant does not participate in the upbringing and maintenance of the child / children. " Agreement on the payment of alimony could not be reached." Since the law provides for the necessity of preliminary reaching an agreement on the payment of alimony, the last phrase must necessarily be spelled out in the application. Otherwise, the judge will have to return your application for the possibility of preliminary reaching such an agreement between you.

Further, the norms of the law are indicated, according to which you appeal to the court. For example, "In accordance with Article 80 of the Criminal Code of the Russian Federation, I ask ..." Further on, the new line lists the requirements for the defendant, for example: "To recover from the defendant child support 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 Criminal Code of the Russian Federation). In cases of non-permanent earnings or non-fixed income of the defendant from him, you can demand, according to Art. 83 SC, a clearly stipulated sum of money, which should be indicated in the application and the reasoning for this desired amount (for the child's treatment, training or other needs). The accrual period is always counted in such cases from the very day when you were accepted by the court, so you can not even mention it. But you can always use phrases clearly written off from the articles mentioned. It will be easier for you and for the judge.

If there is a reason and need to receive alimony and you, as a needy spouse, then a separate similar application is filed, indicating the nature of the matter and the reasons for collecting maintenance, in accordance with Article 89 of the Criminal Code of the Russian Federation. As a rule, the application for the maintenance of the spouse is submitted together with the application for the maintenance of the child. Therefore, this is always mentioned by lawyers in answering the question of how to file for alimony while in a marriage.

At the end of the statement of claim, documents are always indicated, without which your application will simply not be accepted. These are copies of: marriage and childbirth certificates (all children), other documents confirming the child's health, other needs, income certificates, and a copy of the statement of claim for sending to the respondent. Also attached is a receipt confirming the payment of the state duty for filing a claim in the amount of 100 rubles. The application for the plaintiff's content is also accompanied by the exact same receipt. These are quotations for courts of general jurisdiction and magistrates of the Russian Federation. But, for example, in Ukraine the plaintiffs are released from the state duty when they apply for alimony. I also draw attention to the fact that in Russia, according to Article 333. 36 of the Tax Code, plaintiffs are exempt from payment of state duty on claims for recovery of alimony.

I strongly recommend that you clarify the points of interest to you in a particular court, where you will file an application. If everything is done within the law, and all the circumstances are stipulated, then the court can not reject your claim or request for payment of alimony. If there was an inaccuracy or incorrectness in the application or the procedure for filing, the judge will give you the opportunity to clarify the nuances or correct mistakes. Do not despair, the solution can always be found. Good luck to you and your children!

Similar articles





Trending Now






Copyright © 2018 Theme powered by WordPress.