Alimony for a pregnant wife: in marriage; in case of divorce; size

Kalinina Evgenia, economist by education and linguist by vocation. Editor-in-Chief of the Alimenty-urist.ru project. Has 11 years of experience working in various publications.

Paying alimony to a pregnant wife during marriage and after its dissolution is an obligation imposed on the future father by law. The Family Code determines the need for spouses to take care of each other, this is stated in Art. 89. And a wife carrying a child still needs care and material support. Expectant mothers are wondering whether it is possible to get such help from their husband during a divorce. Let's figure it out.

Is it necessary to pay alimony for the maintenance of a pregnant wife before a divorce?

Yes, alimony for a pregnant wife can be issued before the birth of the child. The wife can file for them even before the dissolution of the marriage, or after its dissolution. The money that the future father will pay to the child has nothing in common with the payments that pregnant women are entitled to. As for the amount of assistance, we will consider this issue later.

Payment procedure

The law provides for voluntary and compulsory alimony payment. If the spouses can agree on this issue independently, then they do not have to go to court. The only condition is that the agreement must be drawn up in writing and its terms must be secured by a notary.

Conditions

The Family Code, in part of Chapter 14, provides a number of conditions under which you can apply for alimony while pregnant. Here is a list of these requirements:

1. Official registration of relations between spouses. The legislation does not provide for the concept of “civil marriage”. But the fact of cohabitation does not entail obligations and rights in relation to the spouse.
2. If pregnant, a woman can seek help. Art. speaks about this. 9 SK.
3. Such a prospect as alimony is possible if a woman is pregnant with a common child. Officially, a baby born during marriage and within 300 days after divorce is considered common. If the applicant has doubts regarding relationship, then the fact of paternity must be established. The spouse is assigned by law the obligation to support the pregnant wife and the born offspring.
4. If a woman filed a claim after a divorce, then she must prove her need for financial support. Since pregnant women need a complete balanced diet, vitamins, and medications, they also require additional funding. All doctor's recommendations, receipts for the purchase of food and medications can be attached to the case to confirm expenses.
5. It is possible to sue only if the husband refuses to fulfill his obligations to his wife voluntarily. When a man accepts responsibility and intends to help with alimony, then the spouses only need to draw up an amicable alimony agreement and have it certified by a notary.
6. You can confirm the basis for going to court, namely the fact of pregnancy, with a certificate from the antenatal clinic.
7. Men are required to support pregnant women, and then the mothers of their children, from the moment of conception until the children reach the age of 3 years.

Attention! A pregnant common-law spouse in need of alimony will not be able to obtain it. The law reserves the right to spousal support only for legal wives. But for children born out of wedlock, the father is obliged to pay maintenance until they reach adulthood.

Implementation of foreclosure

The first method is a voluntary option. It provides for the conclusion of an agreement between future parents. The law gives them the right to independently agree on mutual rights and obligations in relation to each other, namely on the amount and procedure for providing assistance.

Items that may be provided for in an alimony agreement:

• form of assistance (in kind or cash);
• size, if this material support is determined by a fixed amount or percentage of income;
• payment details, these may be bank accounts;
• regularity of payments, meaning the frequency with which the husband will pay the stipulated amount;
• cases of termination of obligations.

Attention! In order for a document to receive the force of a writ of execution, a notary visa is needed. In this case, if the man does not actually fulfill the agreement, the woman will be able to protect her interests in court. She will be able to demand this help forcibly.

The second method is a forced form. It includes a lawsuit. The claimant must assert her right to relief by filing a claim. During the trial, based on the facts and evidence presented, a decision is made on the advisability of alimony.

The claim must include all points relevant to the case:

• the woman's financial situation;
• a man's material capabilities;
• refusal of the defendant to voluntarily fulfill obligations;
• proof of the fact of relationship if a man disputes his paternity.

Documents that must be submitted along with the claim:

• citizen's passport;
• a certificate from a medical institution confirming the fact of pregnancy;
• certificate from the place of actual residence of the applicant;
• certificate of income of the applicant;
• document on the defendant’s income;
• papers that confirm the amount of the applicant’s real expenses (statements, checks).

For your information! If the applicant has difficulty obtaining a certificate of income from her ex-spouse, the court may request the necessary information by submitting an official request to the employer.

Is there a state fee?

When filing a claim for maintenance of a pregnant woman, no state fee is required. All cases related to the collection of alimony are carried out without payment of the corresponding tax. This is discussed in Article 333.36 in paragraph 2.

Trial and decision

Within a month from the date of submission of documents, a decision must be made to satisfy the applicant’s requirements or refuse them. If the answer is positive, the court decision is sent to the state bailiff service for execution. The executors formulate the case and issue a writ of execution.

This document is sent to the defendant’s place of work. Bailiffs must take all measures to implement the court decision. If the place of work is not established, they should try to determine it. If the location of the defendant is unknown, then he is put on the wanted list.

Is refusal possible?

Alimony may be denied if:

• the fact of paternity will not be proven;
• the fact of pregnancy has not been established;
• it will be proven that the woman leads an immoral lifestyle;
• the marriage between the spouses was not registered;
• the family relationship lasted for a short period of time (the court itself sets the duration criteria);
• the woman’s need will not be confirmed;
• the woman managed to register new family legal relationships, in other words, entered into a new marriage.

Grounds for termination of payments:

• improving the financial situation of the recipient;
• death of the applicant;
• abortion;
• entry into a new marriage by the applicant.

What will be the amount of alimony for a pregnant wife?

A woman can receive financial assistance from her husband for her maintenance. Its size cannot exceed 12.5% ​​of his total income. If the defendant is already fulfilling alimony obligations in relation to previously born children, then the recovery of assistance to the wife will be made from the amount remaining after the transfer of child support.

By clicking on the button, you consent to the processing of your personal data and agree to the personal data processing policy.

Source: https://alimenty-urist.ru/alimenty/beremennoj-zhene-v-brake-pri-razvode.html

Alimony for a pregnant wife in marriage, is it possible and how to apply for alimony for a pregnant woman?

Home » Alimony » Alimony for a pregnant wife in marriage

1,117 views

During pregnancy, a woman partially loses her ability to work and needs financial support from her husband.

This need is the legal right of the mother and the responsibility of the father of the unborn child.

And if the husband does not want to fulfill it voluntarily, the pregnant wife may demand that the issue be resolved legislatively. How legitimate her claims will be can be found out from the article.

Is it possible to apply for alimony for a pregnant woman during marriage?

The right to receive financial assistance from her husband is reserved for a pregnant woman in Art. 89 of the Family Code of the Russian Federation. She can demand them in court only under the following conditions:

1. The marriage between them was officially concluded in accordance with the current legislation of the Russian Federation.
2. The father of an unborn child is the husband (it is almost impossible to prove the opposite, since a DNA test is not performed without the consent of the pregnant woman, and the official husband is recognized as the parent by default).
3. The spouse refuses to voluntarily transfer funds for maintenance or ignores the fulfillment of this obligation.
4. The financial situation of the spouse will not suffer critically after the payments are made (the remainder will be enough to satisfy his basic life needs).
5. The spouses were unable to reach a common opinion on the amount and procedure for making payments and conclude it in a notarized agreement.

The right to receive alimony is lost to a pregnant woman when the invalidity of the marriage is determined, unless in this situation she is a so-called bona fide spouse (unaware of a violation of current legislation).

In the event of a sharp reluctance of the husband to compromise, the pregnant wife has only one choice - to seek help from a judicial authority. But before that, it is important to familiarize yourself with the implementation procedure and features of this procedure.

Algorithm of actions

The first thing a wife should do is to warn her husband of her intention to seek the help she is entitled to through the court. This will be his last chance for an out-of-court settlement. If he does not use it, the wife will have to perform a series of the following actions:

1. Determination of the court authorized to consider the issue raised.
2. Collection of necessary documents.
3. Drawing up and writing a statement of claim.
4. Submitting the claim and accompanying materials to the court.
5. Interaction with the judicial authority (timely communication of the requested information, filing petitions when circumstances requiring this arise, making corrections to an erroneously drawn up claim, etc.).
6. Participation in a hearing to consider the claim (if desired, this can be avoided by notifying the judge in advance by filing an appropriate petition).
7. Receive a copy of the final decision in the case.

A judicial act issued following the resolution of a dispute establishes what requirements and to what extent can be satisfied and executed in accordance with the law. It is also a writ of execution, on the basis of which, if necessary, forced collection of alimony will be carried out.

Disputes regarding the collection of alimony maintenance are considered in the manner of claim proceedings, and the procedure for its implementation is regulated by the Civil Procedure Code of the Russian Federation.

In this case, there are two parties to the dispute: the plaintiff is the person making the claim for recovery (the wife), and the defendant is the opposing party to the dispute who disagrees with the plaintiff’s statement (the husband). This is important to consider when drawing up a claim, since it is also stated in the language of legal proceedings and includes the listed terms.

The necessary papers, along with the application, are brought to the court directly by the plaintiff or his official representative, who has a notarized power of attorney to file a claim. Documents can also be sent by mail, but will be accepted only if the claim has a notarized signature of the pregnant wife.

Next, the judge will have to decide whether to accept the claim. He is given no more than five days for this. During this time, the form, content of the claim and documents attached to it are checked. And if the legal requirements are met, a decision is made to initiate a civil case.

After this, preparation for the hearing begins. During this stage, the plaintiff, defendant, witnesses and third parties are notified of the day and time of the meeting. At this point, they can inform the judge of their absence if for some reason they do not plan to be present at the trial (this is done by filing a written request).

If the petition is not received by the court, the absence of the defendant will entail the postponement of the consideration until the circumstances of his failure to appear are clarified. And if the plaintiff does not come to the courtroom without warning, the case will be closed.

On the appointed day, after a detailed and comprehensive analysis of the issue posed, the judge makes a decision to assign alimony and establish the amount of the monthly payment. It comes into force immediately after adoption. And copies of the judicial act can be received within five days after this.

The parties to the dispute should keep in mind that the issue of satisfying or rejecting claims may be considered within two months. During the normal course of the procedure, the case may be completed earlier, but delaying the proceedings is considered a violation and is subject to appeal at the initiative of interested parties.

Read also: Maternity capital 2020: size, indexation, increase, for the first child

Jurisdiction of the claim

After the plaintiff formulates his position and collects a solid evidence base for it, the documents are submitted to the court at the defendant’s place of residence. This happens in accordance with the rule of jurisdiction established by the Code of Civil Procedure of the Russian Federation.

In the case where the opposite parties to the proceedings are spouses, determining jurisdiction does not make sense, since the plaintiff and defendant most often live in the same living space. But if for some reason this is not the case, the wife has the right to choose the place of filing the claim at her own discretion: at the husband’s residence address or at her place of residence.

This exception is provided for in Art. 29 of the Code of Civil Procedure of the Russian Federation and is applied when a woman’s health is unsatisfactory, in the presence of any risks associated with her situation, or in a situation where minor children are under her constant care.

In addition to jurisdiction, it is worth paying attention to the competence of the court: according to a widespread but erroneous opinion, magistrates have the authority to consider disputes regarding the collection of alimony, but in cases where maintenance is assigned to a pregnant wife, this is not true.

The magistrate does participate in resolving issues related to alimony. However, the scope of his competence only includes issuing a collection order when this does not require the involvement of third parties and investigation of the circumstances of the case.

To determine the amount of monthly payments and the need to transfer them in favor of the pregnant wife, a detailed analysis of the situation is needed, possibly inviting witnesses, requesting certificates and extracts from official institutions and taking other measures aimed at an objective consideration of the case. And such cases fall under the jurisdiction of district courts.

The legal position of the plaintiff is stated in writing in the statement of claim in printed or handwritten text and certified by his personal signature.

It should indicate:

1. Full name of the spouses, place of their residence.
2. Full name of the court.
3. Date of marriage and details of the certificate confirming this fact.
4. Information about pregnancy, an indication of a doctor’s conclusion or data from the pregnant woman’s exchange card.
5. Reasons for filing a claim (lack of voluntary payments from the spouse, his explanation of this circumstance according to the plaintiff).
6. Calculation of required payments.
7. Clearly formulated claims (requests for alimony for the period of pregnancy and until the child reaches three years of age are recommended to be combined and submitted together).
8. List of applications.

At the bottom of the application is the date it was brought to court.

Download a sample application

Documentation

The statement of claim for alimony should be accompanied by:

1. Marriage certificate.
2. Pregnant woman's exchange card.
3. Certificate from the plaintiff’s place of work.
4. Certificate of income of the defendant.
5. Power of attorney (if the claim is filed by a representative).
6. Calculation of the expected amount of alimony.
7. Other documents confirming the circumstances specified in the claim.

Copies are made of the application and accompanying documents for the defendant and the court.

Expenses

A necessary condition for accepting a claim is payment of the state fee. According to the law, it is collected from the plaintiff. But according to Art. 333.36 of the Tax Code of the Russian Federation, when filing claims for alimony, benefits apply that free him from the need to make payments.

Going to court is a last resort when resolving the issue of receiving alimony. It should be preceded by attempts to come to a common agreement with the husband regarding the amount and method of transferring funds for the maintenance of the pregnant wife.

If the spouses still managed to reach agreement on the main potentially controversial points, they should express it in documentary form. This can be done as follows:

1. State the text of the agreement in writing, in three copies (one for each of the spouses and the notary).
2. The two of you go to any notary office.
3. Sign the agreement and submit it to a notary for certification.
4. Pay for the service provided and the state duty provided for such cases (8000 + 200 rubles for Moscow).

From the moment of certification, a correctly drawn up and executed agreement acquires the force of a writ of execution, the same as that of a judicial act on the collection of alimony.

Amount of alimony

Alimony for a pregnant wife is assigned in a flat amount (a fixed payment collected from the spouse every month, regardless of the size of his current income).

The amount of payment is determined by the judge based on:

1. The level of the spouse’s salary or the amount of cash received from other sources.
2. The needs of the wife, her state of health, characteristics of the course of pregnancy.
3. The need for spouses to support dependents and/or minor children.
4. Living conditions and health status of the spouse.
5. The cost of living for a given region.

The need for additional expenses, as a rule, arises for a pregnant woman almost immediately, and the costs increase as the child approaches the birth. She should take this into account when formulating requirements for her spouse.

You should also not forget about the possibility of indexing the established amount: since its size is tied to the cost of living, as it increases, the monthly payment should also increase. The spouses can stipulate this point in the agreement or apply to a judge to resolve the dispute.

Duration of payments

Maternity support is calculated from the moment the claim is filed in court and ends when the born child reaches three years of age. Afterwards, only the joint child will have the right to receive financial support.

If the wife does not make demands for recovery immediately and proves that over the past months the husband has not provided her with financial support (for unjustifiable reasons), the judge can recover from him the amounts due to the woman from the very beginning of pregnancy.

Applying for alimony after divorce

The right to collect alimony is relevant for a woman even after a divorce if her pregnancy occurred during marriage (Article 90 of the RF IC).

The ex-wife also needs to know that the husband will be recognized as the father by default if the child is born within 300 days from the date of dissolution of their marital relationship (this circumstance is important when extending payments until the age of three).

Responsibility

For untimely transfer or evasion of payment of alimony, the spouse faces a penalty in the amount of 0.1% of the unpaid amount for each day of delay. It can be retained in court or through bailiffs (the latter should be contacted at the first sign of a spouse’s evasion of alimony obligations).

The Bailiff Service is authorized to carry out the forced execution of judicial acts, agreements on the payment of alimony and the collection of accumulated debt.

The spouse can ask for assistance in withholding the money owed at any time during the period of the alimony obligations of the father of her unborn child or within three years after its end. To do this, she will need to present a writ of execution (agreement on the payment of alimony or a corresponding judicial act) and a statement of collection.

The bailiffs must do the rest themselves. Their powers include the implementation of the following measures:

1. Search and warning of the debtor.
2. Identification of the sources and amount of his income.
3. Transfer of a resolution to withhold periodic payments to the place of work or service of the alimony worker.
4. Inventory of personal property and sale of it in order to allocate the required amount.

If they ignore or poorly perform their duties, the actions/inactions of bailiffs can be appealed to higher officials.

Is it possible to avoid

It is almost impossible to legally evade paying spousal support. The only reason - non-involvement in her pregnancy - is extremely difficult to prove before the birth of the child (she is not required to give consent to the necessary examination).

The husband can only reduce the established amount of periodic payments or penalties for them if he proves in court:

1. Your neediness.
2. A sharp deterioration in health.
3. The emergence of additional material obligations.
4. A decrease in income due to a change of job or dismissal.
5. Other force majeure circumstances that affected its solvency and the ability to make payments in principle.

Example:

A pregnant wife filed an application to collect from her husband arrears and penalties for alimony for a delay of 3 months. But he challenged the bailiff’s order issued at her request in court and, using the collected evidence, explained the reasons for the late payment.

This misunderstanding occurred due to his long-term treatment for a serious infectious disease that he contracted on a business trip while staying in another country.

The judge considered these circumstances to be valid and decided to cancel the penalty and reduce the amount of alimony for the duration of his financial difficulties.

A woman's condition during pregnancy is characterized by instability and vulnerability. Against this background, it may be especially difficult for her to enter into debates with an intractable spouse and achieve from him what, according to the law, she is entitled to almost unconditionally. You can make this task easier and save yourself from difficulties in defending your personal interests by turning to our lawyers for help. To get a consultation, there is no need to even leave your home - just dial the specified number or contact a specialist via an electronic form.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call +7(499)369-98-20 - Moscow and Moscow region
• call +7(812)926-06-15 - St. Petersburg and region

Source: https://ros-nasledstvo.ru/alimenty-beremennoj-zhene-v-brake/

Alimony for a pregnant wife: conditions, amount and collection procedure

Child support can be applied for not only for children. Family law is designed to protect the interests of other categories of persons in need of help. This includes a pregnant wife. Let's try to find out all the details of how alimony is collected for a pregnant wife.

Conditions for collecting alimony for the maintenance of a pregnant wife in marriage

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

Issues of collecting alimony, including for the maintenance of a pregnant wife, are regulated in detail by the norms of the Family Code. The provisions on alimony for the maintenance of a pregnant wife are contained in Chapter 14. The law provides the following conditions under which the husband can be required to provide financial support during pregnancy:

• There must be a fact of official registration of marriage between spouses. This is stated in Article 89 of the code. The so-called “civil marriage” or cohabitation by society does not carry any mutual rights and obligations; accordingly, it is impossible to legally demand financial support from an unofficial husband. The question arises: can an ex-pregnant wife file for alimony? The answer is yes. This opportunity is provided to the ex-wife by Article 90 of the Code. Alimony for a pregnant woman can be collected both during her stay in a marital relationship and after leaving it.
• The wife will be able to collect regular sums of money for her maintenance only if she is pregnant with a common child. Article 48 of the law stipulates that if a child is born within 300 days after a divorce, then the ex-husband is considered his father. Moreover, unless otherwise proven by a court decision, the ex-spouse is obliged to pay alimony both for the pregnant wife and for the common child after his birth.
• When resolving an issue in court, a woman must prove her need for financial support from her husband or ex-husband in the event of a divorce. Pregnancy is a condition when the expectant mother requires: nutritious nutrition, vitamins, if necessary, according to the recommendations of the attending physician, various medical examinations and medications. It is advisable to confirm all expenses in court with checks and a list of monthly expenses for your own maintenance.
• resolving the issue in court is possible only if the spouse refuses to voluntarily provide for his pregnant wife. If the husband does not give an unequivocal refusal, then nothing prevents the spouses from concluding a mutual agreement with a notary to establish alimony obligations, thereby avoiding going to court.
• The period for payment of alimony in this case is from the moment of conception until the joint child is three years old. The basis for filing demands for financial support for the spouse in court is a pregnancy certificate issued to her at the antenatal clinic at the place of registration.

Read also: Recalculation of alimony: for the past period, by bailiffs, taking into account the amount paid

Thus, the mandatory conditions that allow a pregnant woman to collect alimony from her husband are:

No. Circumstances 1. The presence of an officially registered marriage. It does not matter whether the claim is filed during the marriage or after its dissolution. 2. It is possible to collect alimony for the maintenance of a wife only if she is carrying a joint child from her husband. 3. The fact of the spouse’s need must be documented. 4. The husband voluntarily refuses to provide financially for his pregnant wife.

Can a pregnant spouse file for alimony? Collection methods

The methods for collecting alimony for the maintenance of a pregnant wife are identical to the options for awarding payments to minor children. There are two known:

• voluntary;
• forced.

Voluntary option

The voluntary method involves concluding a mutual agreement on the husband’s provision of financial assistance to his pregnant wife. With the mutual consent of the parties, the law allows an agreement on alimony obligations to be drawn up.

A mandatory requirement for its conclusion is notarization of the document. The agreement describes the amount of assistance provided, the regularity of payments, details for transferring amounts of money, as well as cases of termination of obligations.

The legal force of the agreement is equivalent to a court decision. If the husband fails to comply, it is possible to defend his rights in court.

Forced option

The forced method involves resolving the issue in court. A claim is filed in the magistrate's court at the husband's place of residence to collect alimony obligations for the maintenance of his pregnant wife. In the claim, it is important to reflect all the issues that are important to the case: the woman’s financial situation, her need for financial assistance, the refusal of the spouse to help financially on a voluntary basis.

The following documents are attached to the claim:

• applicant's passport;
• a pregnancy certificate issued by a doctor from the antenatal clinic at the place of registration;
• certificate of residence;
• certificate of salary of the applicant;
• certificate of the spouse's salary;
• a list of monthly expenses for your own maintenance.

The state fee for a claim for alimony for the maintenance of a pregnant wife, as for all cases of alimony, does not need to be paid. This is directly indicated by paragraph 2 of Article 333.36 of the Tax Code.

After the pregnant wife has filed for alimony, within a month the judge makes a decision - to satisfy the stated requirements for maintenance or to refuse them.

The court decision is sent to the bailiffs for the formation of a writ of execution and sending to the defendant’s employer.

In what cases can the court refuse to grant alimony for a pregnant spouse?

The law in this situation provides two grounds:

• when the spouses were married for a short time. For example, up to one month.
• when indecent behavior of a pregnant wife is proven in court.

The need of the pregnant woman for financial assistance is also taken into account. There are no other grounds for the court to refuse to order payment.

Amount of alimony for a pregnant wife

The amount of alimony for a pregnant wife depends on how alimony is assigned: by court or by mutual agreement of the spouses. By agreement, the husband and wife independently determine the amount and frequency of financial assistance. The law does not establish any restrictions in this regard.

According to the court, the amount of payments is always a fixed sum of money, taking into account the need of the spouse during pregnancy.

The legislator considered that due to the uniqueness of each case, it is not possible to estimate the amount of assistance as a percentage of income.

The judge assesses the financial situation of both the wife and husband, takes into account all the evidence they present, and then sets the amount of alimony obligations.

When do child support payments for a pregnant wife stop?

The legal grounds for termination of material obligations are contained in Article 120 of the Code. These include the following:

• termination of the spouse's need for financial support;
• the entry of a former pregnant wife into a new official marriage;
• death of husband or wife.

In addition to the reasons specified in the law, such grounds as termination of pregnancy for various reasons (miscarriage, abortion) are also logical.

Due to the birth of a child, payments for a pregnant woman stop.

At the same time, the wife acquires new rights: the opportunity to apply for alimony for the newborn child, as well as for her own maintenance while caring for him until he is three years old.

Thus, we tried to give a detailed answer to the question of
whether it is possible to apply for alimony to a pregnant wife. The law protects the interests of women in such a crucial period of time as preparation for the birth of a child, and establishes measures to provide assistance.

Still have questions on the topic Ask a lawyer

Source: https://viplawyer.ru/alimenty-na-beremennuyu-zhenu/

Alimony for a pregnant wife in marriage 2020 - judicial practice, sample, form, download

The law allows a pregnant woman to file a claim demanding that the father of the child pay her alimony, regardless of whether they live together or apart, whether they are married or not.

The Investigative Committee does not indicate a specific amount of payments; the parties must agree on this among themselves, and the court will approve the decision of the spouses in its ruling. The agreement is formalized in a written contract, which is recommended to be notarized.

If a peace agreement cannot be reached, the woman has the right to file a lawsuit.

In what cases does a spouse have the right

After a couple divorces, the wife also has the right to claim alimony from her ex-husband, subject to certain conditions. A woman can demand financial support if the marriage is registered:

• The spouse is pregnant or on maternity leave for a child under 3 years old.
• The spouse is caring for a child with a disability group under 18 years of age, and the need for financial assistance is documented.
• A child who is disabled in group 1 since childhood is dependent on the mother, regardless of his age. The lack of material resources must be documented.

The legal norm for a pregnant woman: she can demand financial support from her husband if it is confirmed that this is their common child.

Some additional reasons for receiving financial support:

• The wife needs financial support and is disabled in groups 1 and 2, which she received during the marriage or within 1 year after the divorce.
• The spouse is at retirement age, and no more than 5 years have passed since the divorce.

When the opportunity is lost

According to the law, the former spouse may be exempt from paying alimony to his pregnant wife during marriage or receive a relaxation in the amount or timing of payments if the following conditions are met:

• Short duration of marriage. The law does not stipulate a specific framework; in each specific case this issue is resolved individually.
• Immoral behavior of the spouse: alcoholism, rudeness, insufficient attention to the husband and children, infidelity, neglect of marital duties.
• The occurrence of a woman's disability as a result of alcohol abuse, drug abuse or the commission of a crime.

The right to alimony ends as soon as the ex-wife remarries and officially registers the marriage.

When can the court refuse?

The court obliges a man to support his ex-wife if there are grounds on her part, but if he does not have the financial means to do this, then this obligation is removed from him.

A man presents documents confirming his low income, according to which he is unable to pay alimony to his pregnant wife.

 On their basis, a decision is made denying the ex-wife's claim.

How is alimony calculated for a pregnant wife during marriage?

According to the law, a woman has the right to claim her maintenance from her husband during pregnancy and while caring for a baby up to 3 years old. The maximum payment amount is no more than 1/2 of the amount that is due to the child in accordance with generally accepted legal norms:

• 25% for 1 child;
• 33% for 2 children;
• 50% for 3 or more children.

The amount of alimony for a pregnant wife who is married, which she can recover from her own husband, should not exceed 12.5% ​​of his total income.

If a man pays child support in another marriage, then the calculation is made based on the freed amount of income that remains from transferring funds to other children.

When calculating alimony, an indicator equal to the subsistence level in the region of residence is used. When it changes, the amount of alimony changes accordingly.

Methods

The transfer of alimony to the wife, as well as to the children, is made in various ways:

1. In a fixed amount, which is paid periodically by agreement.
2. In a fixed amount, which is paid once in full.
3. Replacement of cash with property.
4. As a share of the payer's income.
5. By other means as agreed between the parties.

The transfer or transfer of money is also carried out in the manner agreed upon by the spouses: cash in hand, transfer by mail, transfer to a bank account or card, with the help of a third party.

Where to contact

The issue of alimony is decided in court if the parties fail to reach an agreement amicably in pre-trial proceedings.

The spouse submits an application to the court if the husband refuses to fulfill the obligations to support the children. Ways to file a claim:

1. The wife files the claim in writing. It is drawn up in the same way as an application for child support.
2. Appeal to the magistrate with a petition for the assignment of alimony.

In the second way, the issue of assigning alimony is resolved faster: the judge makes a decision within 5 days. Making a judgment for 3 or more children does not depend on the presence or absence of the defendant. If there are compelling reasons to assign alimony, the court will satisfy the applicant's claim.

Drawing up an application

A spouse, formerly or not yet divorced from her husband, who is in financial distress during maternity leave, can file a claim in court.

A sample document is provided to the plaintiff at the court office.

The application must contain the following information:

1. The name of the court where the statement of claim is addressed.
2. FULL NAME. spouses.
3. A description of the reasons why the plaintiff is applying for alimony with reference to the insurance company, indicating his financial situation, current expenses for the purchase of medicines and other necessary things.
4. Request for alimony.
5. List of documents that are attached to the claim.
6. Date of application, signature of the plaintiff.

The court determines the degree of financial distress of the applicant, assigns alimony in a fixed amount until the common children reach 3 years of age, or refuses to satisfy the claim due to insufficient grounds for assigning alimony.

Download a sample statement of claim for the recovery of alimony for spousal support

Package of documents

The plaintiff's statement alone is not enough to obtain a positive court decision. The claim must be supported by a package of documents:

• Certificates of marriage and divorce, birth of children.
• Certificate of family composition.
• Applicant's passport with a copy.
• Bank account details.
• Receipt for payment of state duty.
• Certificates of income of the applicant and the respondent.
• Pensioner's ID.
• Confirmation of disability.

In addition, a certificate from the clinic is required stating that the woman is pregnant or unable to work or is disabled.

The court may require additional documents depending on the specific situation.

Innings

All documents are provided both in original and in copies to the office of the court. The court considers the application with a package of documents within 5 days.

The case remains under consideration if the application is drawn up in accordance with the rules and the documents do not raise any objections.

 The documents may be returned to the plaintiff due to the lack of grounds for a positive decision, that is, the judge will see that the collection of alimony is not possible or the status of the defendant does not meet the requirements of the law. Refunds are also made due to insufficient documents.

The applicant files a claim for alimony payment according to the established form. The claim is drawn up in writing in the plaintiff’s own handwriting, in compliance with the requirements for such statements.

Judicial practice and other formalities

Alimony cases occupy a significant place in judicial practice. They have different jurisdiction:

• Cases regarding the assignment of alimony to spouses are considered by the magistrate court.
• Applications for the collection of alimony for minor children, provided that they are not complicated by other requirements, are considered by the magistrate's court.
• Documents on the collection of alimony for adult disabled children are considered in claim proceedings.

Filing an application to the court is relevant in the following cases:

1. The woman presents an agreement to pay alimony, drawn up by mutual consent, which the husband refuses to fulfill.
2. A pregnant woman or a woman on leave to care for an infant under 3 years of age has no source of income other than maternity payments and is left without financial support from her husband.

Read also: Russian Presidential Scholarship: for undergraduates, graduate students, scientists, order 2020

Alimony awarded by the court is collected by bailiffs.

Spousal maintenance, which is collected from the husband by court decision, should in no way affect the alimony that is intended for the maintenance of children.

The legislative framework

The main legislative acts that establish norms for regulating provisions related to family relations:

• RF IC, art. 89-92 – regulates the relationship between spouses in marriage, and also includes provisions for the collection of alimony for children and spouses during marriage or after divorce, determines the financial component of family life.
• The Law “On Enforcement Proceedings” explains the procedure and methods for collecting alimony.
• Government Decree No. 841 regulates the withholding of alimony from the income and wages of citizens.

Thus, the husband and wife not only have a legal obligation to provide financial support for their children equally, but also to financially support each other during divorce and marriage.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Source: http://sudguru.ru/alimenty/v-brake/alimenty-beremennoj-zhene-v-brake/

Alimony for the maintenance of a pregnant wife: calculation, terms of collection

Russian legislation regulates legal relations, namely the rights and obligations between spouses, as well as former spouses. Legal regulations oblige spouses to financially support each other.

The concept of alimony is more familiar to us in relation to minor children, which are mandatory and undeniable. However, not everyone knows that a woman also has this right, and it belongs to a separate category of payments.

Therefore, there are many legal nuances here.

Only those women who have permanently or temporarily lost their ability to work can claim their maintenance.

The category of such persons includes a pregnant woman who cannot provide for herself due to carrying a child and after its birth until the age of three, provided that the child is healthy.

A pregnant woman who is married can obtain permission to pay alimony only if her husband does not provide her with enough funds to meet her vital needs. The only reason for refusing to accrue such assistance is if a woman is carrying someone else’s child.

Grounds for maintaining a pregnant wife

The legal basis for maintaining a pregnant wife, including the settlement of other issues regarding alimony, are regulated by the Family Code. Chapter 14 describes in detail the provision for maintaining a pregnant wife. So, according to these provisions of the law, a pregnant woman has the right to demand financial support from her husband, subject to the following conditions:

• Article 48 stipulates that a woman is entitled to support if she is bearing a common child and has the right to demand from her husband or ex-spouse financial assistance in the form of alimony for herself and for the child after his birth.
• In order to demand alimony from your spouse, you must be officially married to him or have been previously married. That is, Article 89 of the Family Code requires official confirmation of marriage registration. No cohabitation or so-called civil marriage is a reason for maintenance payments.
• If a pregnant woman legally demands payment of alimony, then the fact of such needs must be proven. After all, the husband in court can claim the opposite, that he is fully fulfilling his duties, even if this is not true. In this case, the wife needs to support her testimony with receipts for purchases made, recommendations from a doctor, or hospital extracts.

Referring to the legislative regulation of family relations, the first thing that is most important before filing a claim for alimony is the registered relationship and the fact of recognition of paternity.

After the birth of a child, a woman can demand payment not only of alimony for her own maintenance, but also for the child, while the amount calculated for children should not decrease in any way.

That is, if your spouse infringes on your rights, limits you in your financial capabilities, which can directly affect your health and psycho-emotional state, then know that the law is on your side and you can take advantage of this situation.

Documents for processing the collection of funds

If during pregnancy you need financial support from your spouse on legal grounds, then in order to consider your case in court you must provide a package of the following documents:

• applicant's passport;
• certificate of family composition;
• marriage or divorce certificate;
• birth certificates of children (if any);
• certificate of income of the applicant;
• certificate of income of the spouse or former spouse;
• pension certificate or certificate of disability (if the applicant is disabled);
• confirmation of payment of the state duty (receipt);
• bank account details;
• a certificate from the clinic stating that the woman is pregnant and is not able to work.

During the consideration of the case, bailiffs may require additional documents if it is impossible to make a decision without them.

All of the above documents are submitted to the court, the office department. You must provide both originals and copies. All documents must be accompanied by a statement where the woman must explain in detail the reason for the claim, its importance, the degree of financial disadvantage and how this affects her situation.

The court considers the received application along with the documents within 5 days. After which, either a positive decision will be made, or all papers will be returned to the plaintiff, due to refusal due to lack of grounds for collecting alimony or violation of the law. In some cases, documents may be returned due to their inconsistency or insufficiency.

Then the woman can apply again.

Determining the amount of payments

The amount of payments is determined strictly by court decision, unless, of course, the spouses come to an amicable agreement. The legal regulation of family relations, namely the Family Code of the Russian Federation, has established special rules for the calculation or recalculation of material payments and alimony.

Their size depends largely on the financial status of the defendant and the physical condition of both spouses, no matter current or former. The amount of alimony for a pregnant woman is no more than 12.5% ​​of the spouse’s total income.

After the birth of a child, during the period of caring for him until the age of three (if the child is healthy), a pregnant woman has the right to receive no more than half of the established amount for the child. However, it is necessary to take into account the fact that if there are more children in the family, the amount of payments will automatically decrease.

This rule also applies to the situation if a spouse pays alimony to children from another marriage. In this case, the calculation will be made based on the amount available at free disposal.

When calculating the permissible level of payments by the court, the cost of living for a given region of the country is taken into account. This rule can also be used for further recalculation of alimony.

Methods for collecting alimony

Both in theory and in practice, there are several ways to transfer alimony. If the spouses cannot come to a mutual decision on payment and receipt of funds, then the court makes the decision for them. Alimony can be paid in the following form:

• A fixed amount each month on certain days or an agreed period, based on the spouse’s financial income.
• A fixed amount each month, which can be divided into several payments.
• The indicated amount will be taken into account as the share in the property is accumulated.
• Other methods by agreement of both parties.

The transfer of funds itself can also occur in different ways, by agreement of both parties and their convenience, without limiting each other’s rights. This can be a non-cash transfer to a bank account, transfer by mail, transfer through third parties, etc. It is very important here to retain all confirmed documentation of the transfer of funds so that new disputes do not arise on this basis in the future.

Mutual agreement

A mutual agreement is the fastest way to resolve a pregnant spouse's claims.

If the spouses want to bypass the long legal process of concluding legal alimony payments to the pregnant wife, then they need to contact a notary, who has already made a decision on the amount and timing of payment.

The law has nothing against this, especially since a notarized agreement will be equivalent to a judicial conclusion.

The document, in addition to the amount and date of payments, must take into account the fact of termination of payments, the method of transfer and other circumstances that may affect material payments and their receipt. If the spouse fails to comply with the legal action of such a document, he will be obliged to defend his rights in court. A decision made that is not in his favor may lead to administrative or criminal liability.

Compulsory decision through court

If the spouses cannot agree amicably, then the pregnant wife can only resolve the issue of alimony through the court. The claim and all necessary documents are submitted to the magistrate's court. If everything is in order with the documents, then it takes about a month to consider the claim, sometimes more.

During this time, the judge considers the complexity of the situation, the reasons for filing such an appeal to the court and the situation of the family as a whole. After the allotted period has passed, the claim is either approved or rejected.

If the statement of claim from the pregnant wife has been approved, then it is sent to the bailiffs, whose task is to draw up a court decision and enforce it.

If the spouse ignores this decision made by the court in every possible way, then administrative or criminal liability may be imposed on him. Subsequently, this will still lead to full reimbursement of the amount of debt from the date the court decision enters into force.

Terms of payments for the maintenance of a pregnant woman

We have already figured out that a pregnant woman has the right to receive alimony, and in what cases.

However, how long can she receive them? A woman has the right to receive alimony during pregnancy and after childbirth up to 3 years of age, provided that the child is healthy, up to 18 years of age if the child is disabled in group 2 or 3, and until the end of life if the child is disabled in group 1 and requires constant care and assistance. . It all depends on the specific situation and the woman’s ability to work. After giving birth, a woman can file a claim for child support if her husband does not help financially in any way.

Judicial refusal to grant alimony

Despite the fact that a wife is recognized as incapacitated during pregnancy, the husband may, under certain circumstances, be exempt from paying alimony or receive a relaxation in the amount and timing of payments. So what might this include:

• short period of stay of spouses in marriage, for example, one month. This point is considered individually at the discretion of the judge;
• the husband is not the father of the child the woman is carrying;
• commission of a crime by the spouse;
• immoral behavior of the wife: neglect of marital duties, abuse of alcohol or drugs, infidelity;
• the spouse has her own income, for example, rents out real estate, has a deposit in a bank, works part-time;
• if the pregnant woman is the ex-wife and she has remarried.

A man can receive a relaxation in the payment of alimony if he presents evidence of a low income, that is, even if he agrees to pay it, he does not have the financial ability to do so, for example, his salary is equal to the subsistence level.

Here the court will be forced to make an unsatisfactory decision for the pregnant wife, but this does not mean that if her income changes, she will not be able to file a claim again. But automatic termination of payments occurs as a result of a miscarriage or death of a spouse.

Thus, if you are in a position and your legal spouse limits you in meeting vital needs that can directly affect the health of the mother and child, then you have the right to demand financial assistance from him, even after a divorce, if paternity is proven.

Source: https://zen.yandex.ru/media/id/5a6e161bc89010c5137c3008/5a6e3e5f86516528b45e28e2