Child support without divorce: where to apply, what percentage

Some people do not know that alimony can also be collected in a marriage without a divorce. This procedure has nothing to do with divorce.

The law primarily protects the child. Including from the dishonest behavior of his own parents. Therefore, alimony collection is allowed without terminating family relations.

How to collect alimony while married

Important! For the collection of alimony, the actual family relationship between the spouses does not matter. Parents can live together or separately. This is permissible by law. Living together or separately does not in any way affect parental obligations to the child.

Grounds for collection

Download for viewing and printing:

Family Code of the Russian Federation

The main condition in such a situation is joint adoption or social recognition of the child of the 2nd spouse by the 1st spouse.

Collection procedure

The document specifies the main points, including liability arising for violation of obligations. If the parent nevertheless decides to ignore the agreement, then you can always present it to your spouse’s place of work or to the FSSP for enforcement.

Such a document is equivalent to a writ of execution.

Attention! The main advantage of such an agreement: the law does not limit its parties to determine the volume and frequency of payments as they please. The exception is the lower limit.

It cannot be less than the volume recorded in the RF IC.

Secondly, you can contact the magistrate of your court district to issue a court order.

To do this, you must submit an application in the prescribed form and attach some documents to it. Among which:

• a copy of certificates confirming the fact of the birth of a child from the 2nd spouse and the fact of being legally married,
• address certificate about the place of residence of the 2nd spouse or a copy of the passport with a registration mark,
• a copy of the applicant's passport,
• a certificate from the spouse’s work about his salary (or at least about the fact of working at the enterprise at the time of filing the application).

The order is issued in a simplified manner without trial on the merits of the case. If within 10 days from the date of receipt of the court order the 2nd spouse does not submit an objection to its execution, then the document comes into legal force. And it can be presented for execution at the payer’s place of work or at the FSSP.

Thirdly, if issuing a court order is impossible or the 2nd spouse objects to the undisputed collection, the option of legal proceedings remains.

Here you will need to submit a statement of claim to the same magistrate with the same documents attached. The difference is that if for some reason you cannot obtain documents (copies, originals) yourself, then you have the right to petition the court to obtain such documents from the defendant or third parties. This is not allowed in writ proceedings.

In 2019, as before, state duty is not collected for this type of cases.

Amount of alimony payments

The general amounts of penalties are established by law - the RF IC. There were no changes in this regard in 2019. Monthly alimony payments without a divorce correspond to similar payments after a divorce and are equal to:

• 1/4 of earnings for 1 child,
• 1/3 – for 2 children,
• 1/2 – for 3, 4, etc.

They can be collected as a share or percentage of all types of official income of the payer. The amount of penalties established by law may be changed by the court up or down. This can happen during the analysis of the evidence presented by the parties, confirming the real welfare and position of the parties.

Important! If it is established that the potential payer is temporarily unemployed or has unstable earnings, then the court has the right to recover alimony payments from him in a fixed form.

How to receive alimony payments

Any of these documents has the force of a writ of execution, so it can be presented independently at the payer’s place of work. Or transfer it to the FSSP to initiate enforcement proceedings. In all cases, it is necessary to provide the recipient's bank account number to which alimony payments should be transferred.

Attention! A court order and a notarial agreement on alimony payments do not require the additional receipt of a writ of execution. These acts are equated by law to a writ of execution. Important! A writ of execution may be presented for enforcement within 3 years from the date of its issuance.

What other payments are due during marriage?

• needy disabled spouse;
• pregnant wife,
• spouse within 3 years after the birth of a joint child;
• a needy spouse caring for a joint disabled child until he reaches 18 years of age;
• a needy spouse caring for a joint child who has been disabled since childhood, group 1.

Important! Claiming alimony for past periods is possible only within a 3-year period.

What to do if child support is not paid

If, despite the existence of enforcement proceedings, the payer does not make timely monthly payments in favor of the recipient, then he accumulates a debt. After a certain time has passed (but no more than 3 years, so that the statute of limitations does not expire), the recipient has the right to apply to the FSSP to calculate the debt. It is compiled in writing.

With the received document, you can again go to court to collect the resulting alimony debt and the corresponding penalty.

Video about how to collect alimony in marriage without divorce.

How to apply for alimony while married (without divorce)

A fairly common social phenomenon in our country is the separation of a man and a woman without officially registering a divorce. We will not talk about the moral aspects of such relationships. But let's talk about the inevitable consequences - maintaining common children.

According to the law, it does not matter whether a marriage or divorce is registered between a man and a woman. As parents, they are obliged to raise and financially support their children together.

But it often happens that only one parent is involved in raising and maintaining a child (it doesn’t matter - due to separation or other personal reasons). And the law guarantees the ability to forcibly recover money from a negligent parent for the child, even, in some cases, for the second parent.

This article will help you understand the procedure for obtaining child support without the parents’ divorce - where to go, what documents need to be submitted, how the funds are paid.

Is it possible to apply for alimony without a divorce?

Question

After three years of marriage, disputes began between me and my husband regarding the financial support of the family. A year ago we had a child, at the moment I am on maternity leave and cannot work.

My husband works, but puts most of the money he earns into a deposit account.

What the husband brings to the family is not enough to cover the basic needs of the child (purchase of diapers, baby food, medicines, clothes), not to mention the needs of the rest of the family members.

Is it possible to force a husband to allocate part of his earnings for family needs? Is it possible to sue my husband and receive alimony for myself and my child if I live together?

Lawyer's answer

Article 80 of the Family Code of the Russian Federation states that the maintenance of a minor child is the obligation of the parents. If this obligation is not fulfilled by one of the parents, then the second parent, who is directly responsible for the care and upbringing of the child, has the right to legally demand payment of funds.

Moreover, you can go to court for alimony without getting a divorce. The presence or absence of an official marriage between parents is not at all an obstacle to filing a claim for alimony.

Thus, you can safely prepare a package of documents and file a lawsuit against your husband, because according to the law, he is responsible for the maintenance of his minor son or daughter. Moreover, you can demand payments not only for the child, but also for yourself.

We will look at this right in more detail below.

Who is eligible to claim spousal support?

The Family Code states that not only parents have financial obligations to their children, but also spouses to each other. According to Article 89 of the RF IC, the right to arrange alimony (not only during divorce, but also during marriage) ...

• common child under 18 years of age;
• pregnant wife;
• wife (husband) who cares for a common child under 3 years old;
• a wife (husband) who is caring for a common disabled child - for an indefinite period (if the child is a group I disabled person), until 18 years of age (if the child is a group II or III disabled person);
• a wife (husband) who is disabled and in need of financial support;

So, is it possible to recover alimony from an official husband or wife? Yes, the law does not limit the possibility of collecting alimony - during marriage, during divorce proceedings, after divorce. As we see, it is allowed to collect alimony not only for a child, but in some cases for a wife (husband).

For example, a mother who is on maternity leave for a child up to 3 years old can recover monetary payments from her husband not only for the baby, but also for herself. And you don’t have to get divorced for this.

How to collect alimony while married

The law provides two main ways to collect alimony, regardless of whether it occurs within or outside of marriage:

If a husband and wife are conscientious about their parenting responsibilities, they can independently agree on how much money should be paid to meet the needs of the children.

Agreements between parents should be stated in a written document certified by a notary. Then the agreement will be equivalent to a judicial writ of execution - with its help it is possible to withhold the agreed amounts of money even forcibly.

Unfortunately, this method is used quite rarely. After all, if the father and mother are responsible for fulfilling parental responsibilities, they support the children and, if necessary, financially support each other - without any written agreements.

If it is impossible to reach an oral agreement or enter into a written agreement, parents have no choice but to appeal to a judicial authority.

The legal process is a little more troublesome and longer than a voluntary agreement, but sometimes an irresponsible parent is left with no other choice. You will have to prepare an application for the collection of alimony, collect a package of documents, contact the appropriate court and obtain a court decision. There is good news - you won’t have to pay a state fee.

How and where to apply for alimony without divorce

At first glance, it may seem that collecting alimony without a divorce is a complex and rare procedure. But that's not true. The form and content of the application, the list of documents, the procedure for considering the case in court and implementing the court decision are practically no different from collecting alimony after a divorce.

Moreover, resolving the issue of maintaining a minor child by parents in marriage is even simpler and faster than simultaneously going through a divorce procedure.

Claim or writ proceedings

According to the law, an undisputed claim is considered by the court not in a claim, but in an order. The requirement made by one of the parents for the other parent to support their common minor children is indisputable. Therefore, it is considered by the court in a simplified writ process.

In this case, it is not a lawsuit that is filed with the court, but an application for the collection of alimony (you will find the rules for drawing up and a sample for downloading the document below). Attached to it is a package of documents confirming the right to alimony payments (the full list of documents is presented below).

Only if a dispute arises between parents about the financial support of the child (for example, if paternity has not been proven), does the law provide for filing a statement of claim in court. Then the case is considered in litigation proceedings.

Where to submit documents

Cases concerning the financial support of children by parents are considered in magistrates' courts.

As a general rule, a claim must be filed according to the place of residence of the parent who will be assigned child support obligations. But if the plaintiff parent lives together with minor children (most often, this is the case), as an exception, it is allowed to file a claim at their own place of residence.

Application (statement of claim) for the collection of alimony

The form and content of the application (statement of claim) are provided for by civil procedure legislation. A document that does not meet these requirements will be returned to the plaintiff or left without consideration.

So, the document must contain the following information:

• Name of the magistrate's court;
• Full name, address, contacts of the applicant;
• Full name, address, contacts, place of work of the defendant;
• Information about the time and place of marriage;
• Data on minor children born in marriage;
• Information about the current circumstances - separation or cohabitation, lack of financial support from one of the parents, inability to independently provide for all the needs of the children;
• Information about the place of work and income of the respondent parent;
• Requests for payment of funds for child support.

It is necessary to clearly and clearly formulate the essence of the requirement, for example: “I ask you to collect from __________ (full name of the parent) alimony for the maintenance of our minor child __________ (full name) in the amount of 25% of earnings monthly until reaching adulthood.” .

• A list of documents that confirm the information listed and justify the requirements;
• Plaintiff's signature;
• Date of filing the claim.

The claim and documents must be submitted in two identical packages - one for the court, the second for the defendant parent.

If we are talking about collecting alimony for both a minor child and a disabled and needy spouse, two separate applications are submitted.

Sample application for spousal support

Check out the sample application:

What documents are needed

• The application for the collection of alimony must be accompanied by documents that confirm the applicant’s undisputed right to receive funds: a marriage registration document, birth certificates for children, documents confirming the child’s cohabitation with the applicant parent (the parent can demand payments only if lives with his son or daughter).
• Professional lawyers recommend approaching the stage of preparing documentation very responsibly - after all, every paper is important for the court.
• An approximate list of documents for filing with the court is as follows:

• Passport;
• Marriage certificate;
• Birth certificates of children;
• Extract from the house register;
• Certificates of income of the applicant parent. These may be documents confirming your stay on maternity leave, parental leave, documents confirming receipt of a pension, social benefits, certificates of income from your place of work.
• Certificate of income of the respondent parent. Documents that confirm the income level of the second parent can be very diverse. In addition to a certificate of employment (which, if available, often contains information about income that does not correspond to reality), documents on additional income can be attached to the application: for example, certificates of receipt of a pension, social benefits, real estate rental agreements, deposit agreements, bank account statements, postal orders, receipts for receipt of sums of money, 3-NDFL tax returns (see “From what income is alimony withheld”).

The main task of the applicant parent is to prove to the court, with the help of documents, the second parent’s evasion of providing financial support, the need for additional money to meet the needs of the children, and the possibilities for providing such support.

So, if the application indicates a requirement to collect a constant (fixed) amount of alimony, it must be justified - attach documents confirming monthly expenses for the child’s needs. For example, receipts and checks for the purchase of children's things (clothes, shoes, school supplies, food, diapers), additional classes, clubs, sports sections.

How much can you collect alimony while married?

When deciding on the amount and method of calculating alimony, the court takes into account factors such as the number of children, marital status, income level, health status, and the presence of other family members dependent on the parent.

Alimony may be awarded...

• as a percentage of earnings (if the parent has regular income);
• in the form of a fixed amount (if the parent’s income is variable).

In the first case, according to Art. 81 of the RF IC, the percentage rate of alimony depends on the number of children: for one child - a quarter (25%), for two - a third (33%), for three, four, five - half (50%) of income. Read more in the article “What percentage of salary is alimony.”

In the second case, according to Article 83 of the RF IC, the amount of alimony is set at the discretion of the court, depending on the needs of the child and the financial capabilities of the parents.

As a rule, the court focuses on the cost of living in the region of residence. If we are talking about alimony payments to a wife (husband), it is established exclusively in a fixed amount.

About this form of calculating alimony, read the article “Child support in a fixed amount for 2020.”

Judgment (court order)

If the case is considered in writ proceedings, only 5 days pass from the moment of filing the application until the decision is made.

It is noteworthy that a court decision in the case of alimony collection is made by the court without calling the plaintiff and defendant to a court hearing.

The court reviews the case materials (application and submitted documents) independently. If the demand is legal and justified, the court makes a decision to collect alimony and formalizes it in the form of a court order - a writ of execution, which will indicate the amount of alimony payments, the period and procedure for payment. Both parties will be notified of the judgment.

The calculation of alimony begins from the moment the application is filed with the court.

Within 10 days from the date of the court order, the alimony payer has the right to file an objection and cancel the court order for alimony. In this case, in connection with the emergence of a dispute, the case will be considered in litigation proceedings. If no objection is received to the court order, it acquires the force of an executive document. From this moment on, you can contact the bailiff service and demand forced execution of the court decision.

Failure to comply with a court decision entails all types of liability provided for by law - from financial to criminal.

Results

• You can sue for alimony not only during a divorce, but also during a marriage;
• Not only a minor child, but also a spouse has the right to alimony payments - in cases established by law;
• Payment of alimony can be voluntary (according to a written, notarized agreement between the parents) or forced (by a court decision);
• To file a lawsuit for alimony, you need to collect a package of documents and draw up a corresponding application. The state fee is not charged to the applicant;
• The court order is issued within 5 days from the date of filing the application and comes into force after 10 days;
• The execution of a court decision may be entrusted to the SSP.
• For evasion of child support payments, the parent bears all types of liability provided for by law - material, administrative, criminal.

Difficulties may arise in the legal process, for example, if the parent does not have special legal knowledge. Above we have presented the application form and an approximate list of documents required for filing with the court. But you need to be able to justify your demands. Very often difficulties arise with this. Especially if the father files an objection to the claim and counterclaims. If you have any additional questions, the lawyers of our portal are at your service. We will provide free legal advice and help you navigate procedural difficulties.

Child support without divorce: where to apply, what percentage

When a child is born, both mother and father must take equal part in his upbringing, show equal care and support him. However, if one of the spouses does not give money for the child even while living in a legal marriage, the second parent has the right to demand child support from him without a divorce.

Right to alimony

Usually, forced collection of funds for children is applied after the divorce in the absence of help from the mother or father.

Few people know that it is possible to receive child support in a marriage without divorce if the parent does not fulfill the obligation to support him.

Important. Article 80 of the RF IC does not make the right to receive alimony dependent on the presence or absence of marital relations.

Therefore, you can demand financial assistance from both your spouse and former legal cohabitants.

One of the spouses
may require child support if:

• the working spouse does not voluntarily provide funds for children;
• the case of divorce is considered in court and drags on for a long period;
• other creditors collect money from the spouse for debts.

Child support in a marriage without divorce can be arranged in two ways:

• signing
  a notarial agreement;
• through the court.

Where to contact

To find out how to arrange child support without divorce, you need to determine the position of both spouses on this issue.

The procedure for providing financial assistance will depend on whether the potential payer agrees to provide funds for the child or not.

If both spouses agree to payments

If the parents
are not in a quarrel, and the working spouse does not mind providing financial
support to the children, an agreement on the payment
of alimony is concluded between the husband and wife.

Such an agreement
must indicate:

• surname and
  initials of the payer, date, month and year of his birth, passport details;
• the surname and
  initials of the recipient of the financial assistance, his date of birth, details of the
  identity document;
• full name, date,
  month, year of birth of children, series and number of the child’s certificate (or passport);
• the amount of alimony
  obligations;
• procedure and method of payment
  , recipient's account details;
• deadline for transferring
  funds;
• Is indexing possible
  and its conditions?

Read also: Indexation of alimony: in a fixed amount of money, for the past period

The recipient and payer sign the agreement in the presence of a notary, who
certifies this transaction.

Note. When notarizing alimony obligations, spouses must pay a state fee in the amount of 250 rubles (Article 333.24 of the Tax Code of the Russian Federation).

If the agreement is drawn up by a notary, in addition to the state fee, you must pay for the services of a notary office for preparing the document.

Registration of alimony payments by agreement of the parties is convenient because the spouses can conclude an agreement in one day.

In addition, by notarial agreement, spouses can establish any amount of financial assistance.

In the absence of an agreement

If one of
the spouses refuses to help and does not give money for the children, even if there is
a registered relationship, the second has the right to make such
a claim through the court.

To do this, the spouse collecting money must contact the judicial authority located in the place where the family lives together.

If the spouse who does not help with the maintenance of the child lives separately, then the claim should be filed at the choice of the claimant:

• at the place
  of residence of the defaulter;
• at the place
  of residence of the minor child.

You can collect child support either in a regular or simplified manner. If there is no disagreement between the husband and wife regarding paternity and there is no need to hear witnesses when considering the dispute, you can apply to the magistrate for a court order.

The simplified procedure is advantageous in that the application is considered by the court alone, and a court order is issued within five working days from the date of filing the relevant application.

If there is a dispute between parents (about paternity or the amount of payments), a statement of claim must be filed in court.

It can be sent either to a magistrate or to a district court

Important. Child support cases are heard by both magistrates and district courts.

You need to contact the magistrate's court if the parent is collecting only alimony.

If the spouses raise the issue of deprivation of parental rights or another dispute, the documents are sent to the district court.

Documents for child support without divorce

To go to court,
the spouse needs the following documents:

• statement of claim;
• certificate of
  state registration of marriage;
• certificates
  of children;
• passport
  .

The statement of claim
must include:

• the name and address of the judicial institution to which the claimant applies;
• full name, registration address and actual residence of the applicant;
• all known information about from whom payments are collected (last name, initials, date of birth, residential address, place of work);
• date, place of marriage registration, registration number in state registers;
• full name, date of birth of children;
• the basis for the forced request for alimony (separation, lack of assistance, etc.);
• the amount of alimony that the applicant expects;
• procedure and method of payment;
• recipient details.

As
an attachment to the court, you must provide copies of all documents confirming
the information specified in the claim.

Reference. An application for recovery of financial assistance from a spouse is not subject to state duty.

Necessary payments to the budget are collected from the defaulter when a court ruling is issued.

How much interest can be collected on alimony?

The amount of alimony that a spouse can claim depends on the number of conscience children.

According to Art. 81 of the RF IC, alimony payments for 1 child make up a quarter, alimony for 2 children without divorce will make up a third, for three or more – half of the payer’s total income for the month.

By agreement with the second parent, the spouse obligated to pay alimony can provide assistance by paying utility bills, buying things or products for children, even for smaller amounts than those provided for in the RF IC.

Therefore, it is more profitable to resolve issues of child support without litigation.

Conclusion

The procedure for collecting money during a marriage is not fundamentally different from filing a corresponding claim after a divorce.

Therefore, if the husband or wife has grounds for terminating the family relationship, an application for alimony can be submitted before receiving it before the official divorce.

Source: https://pravasemei.ru/alimenty/podat-na-alimenty-bez-razvoda/

Child support in marriage without divorce

Some parents deliberately do not divorce so as not to deal with the division of property or not to pay alimony.

Since such a situation is only possible if both parents agree with this state of affairs, a completely logical question subsequently arises: how to obtain child support if the marriage is not actually dissolved? In fact, everything is much simpler and easier than you might think.

Is it possible to apply for alimony during marriage without getting divorced?

There is not a word in the legislation that regulates alimony payments that payments cannot be received without the parents’ divorce. Based on this, we can conclude that you can apply for alimony without getting a divorce.

Another thing is that in some cases this will be difficult to do due to lack of evidence. Let's look at the two main scenarios in which alimony may be required while a couple is still married.

Cohabitation

When spouses live together under one roof, controversial situations often arise when one party believes that the other does not help the family in general and the child in particular, preferring to spend everything they earn only on themselves. And this really happens quite often.

The main problem is that with such a living arrangement, and even being married, it is very difficult to collect evidence that the second parent does not help the family in any way and does not provide money for the maintenance of the child.

In this case, you should video record and gradually prepare certificates, payments and checks so that you have something to present at the court hearing. Otherwise, the claim will be rejected.

Example: Spouses live in the same apartment, but do not actually communicate with each other. Such situations arise in cases where the parties simply have nowhere else to go and there is no opportunity to rent housing.

They live together, but they have separate food in the refrigerator, there are a number of rules about what can and cannot be done in a common living space, as well as certain obligations, such as paying for utilities together.

In such a case, it is difficult to prove that the other party does not pay money to support the child, does not buy food, toys or clothes, since formally everything in the apartment still remains joint property, even a conditional division has been made.

The best solution is to draw up an agreement that lists the rules and responsibilities. Such a document can serve as evidence in court.

In this case, in order to receive alimony, it is enough to file a statement of claim with the court and attach to it the testimony of neighboring witnesses.

If a person does not live with his family, this does not mean that he is not obliged to support the child. And it is usually not difficult to prove the fact that he really does not live here.

The absence of things, video materials, the same witness statements and the fact of the existence of another home are the most common evidence.

Example: The spouses moved to different apartments and stopped communicating. Each of them has their own life, which in no way concerns the other side.

In such a situation, it is easier to collect evidence, since you can easily prove that the parents do not live together (video recording, testimony of witnesses, absence of belongings of one of the spouses in the apartment, permanent or temporary registration at a different address).

Filing an application for a husband to pay alimony involves solving the problem by force. This means that the spouses were unable to reach an agreement and will resolve the issue through the courts. In this case, you should contact the magistrate’s court at the place of residence/registration of the plaintiff or defendant.

Unlike most other similar applications, in this case it is enough to write an application for the issuance of a court order. There is no need to file a claim. The exception is situations when, in addition to alimony, you need to demand something else, but they often arise during the divorce process, and not before the dissolution of the marriage.

If the payer does not agree with the amount awarded to him or any other elements of the court order, he can file a statement of claim to reconsider the issue.

Collection of this type is formalized in two ways: the spouses can enter into a voluntary agreement between themselves, or the potential recipient can write an application to the magistrate’s court for the issuance of a court order.

The first option is usually not used, since if the child’s parents remain married, but a similar situation arises in which one of them categorically refuses to support the child, as a rule, it is impossible to reach an agreement.

However, this does not mean that you should not try, since when applying for a court order, a potential alimony recipient will have the advantage of the fact that he first tried to resolve the issue out of court. The second option is more realistic, but there is one significant problem here: collecting evidence.

It is often very difficult to select them, because the other party, most likely, will evade and resist attempts to collect evidence in every way.

Procedure

1. Find evidence.
2. Submit an application for a court order.
3. Send an application to the court (state fees are not paid in such a situation).
4. Receive a court order.

Then you can personally hand over a copy to the potential payer, and also send another copy to the bailiff service, who will collect alimony.

However, this is not necessary (although it may speed up the process somewhat), since the court is independently obliged to send copies to both the payer and the bailiffs.

How to write an application

Payment of alimony will be possible only if the recipient draws up a correct application and takes into account all the requirements of the court.

Form and content

The application form can be divided into three basic parts, each of which provides specific information:

• Introductory information part. Here you enter information about where the application is being submitted, as well as about the applicant.
• Main part. Here the essence of the issue is described and the requirements are indicated.
• The conclusion includes a list of attached documents, as well as a signature and date.

Read also: Establishing paternity by DNA: cost, through court, price

Sample application for spousal support

Download a sample application for a court order for the payment of alimony in marriage

Required documents to apply for spousal support

What documents are needed to submit such an application? The list may change depending on the situation, but the general list in most cases remains the same. We offer an example of a package of documents:

• Marriage certificate.
• Birth certificate of the child for whose maintenance alimony payments are required.
• A certificate from the housing and communal services about where the child lives (relevant if the spouses live separately from each other).
• Passports of the parties.
• If available: certificate of income of the potential payer.
• Evidence of the fact that the alimony payer does not provide money for child support or help the family in any other way.

Proof

When parents remain married, collecting evidence that one of the parties is not fulfilling their responsibilities can be significantly difficult. These may be considered:

• Video recordings of a person not living with their child. You can also attach similar records that he spends money on his family, although this will be difficult. Sound recordings also fall under the same category.
• Testimony of witnesses.
• Agreement of the parties, if any.
• Certificates, invoices, statements of the flow of funds from the bank and other financial documents, from which it can be understood that money for the maintenance of the child is not transferred or is transferred in insufficient quantities.

The court will accept any recordings and other similar materials as evidence only if the potential payer of the documents is warned that it will be filmed. Otherwise, they may be considered illegally obtained. It should be noted that the court usually accepts such records, but they have less weight.

You can apply for alimony without getting a divorce at any time, starting from the date when payments and/or other methods of supporting the child were stopped.

It should be borne in mind that if the potential payer does not transfer money, but at the same time purchases food, buys clothes, takes care of the baby and does housework, then all of the above can be considered a kind of analogue of alimony. This is primarily relevant for those families who continue to live in the same apartment.

Alimony begins to accrue from the very first day of filing an application for a court order. In fact, it turns out that the person is not even aware that he will have to pay, but the debt is already “dripping.” Fortunately, only 5 days pass from the moment of filing the application until the issuance of the court order, so there is no time for anything significant to actually accumulate there.

Child support amount

One of the main questions that arises when you need to arrange child support is: how much will the other party pay? The legislation practically does not answer this question.

There is a mention that for one child 25% of income is paid, for two - a third and for three - half. However, there are also reservations that the amount can be reduced or increased by court decision or agreement of the parties.

As a result, it is still worth starting from the indicated percentages.

Alternative option through agreement of the parties

If spouses were able to maintain the ability to negotiate during a “long-distance” marriage, then the optimal way to solve the problem would be to conclude an agreement.

This will eliminate the need to go to court and solve the problem “in a bad way.” One of the advantages of the agreement is that both parties consciously sign the document, agreeing in advance with all its points.

In most cases, this excludes violation of the conditions.

When applying for alimony in marriage, the main problem is the selection of evidence. There are many ways to resolve this issue, but not all of them are obvious. To better understand the current situation, we suggest contacting experienced lawyers for a free consultation. They will help you select the necessary evidence, draw up a statement, and, if necessary, can represent your interests in court.

How to apply for alimony without divorce: lawyer answers I cry.NO

Hello. Is it possible to apply for alimony without a divorce? Parents are required to provide financial support to their children on a regular basis. It does not matter whether the child’s parents live separately or together, are married or not.

In any case, children are required to be supported by both parents.

Filing an application for alimony without a divorce is not something new, but it is also not that common, which is why certain difficulties may arise in establishing payments.

Grounds for collecting alimony while married

In Russia, the grounds for collecting alimony from a spouse without divorcing him will be the same as if he is divorced. Marital status does not play any role in providing everything a child needs. You can receive alimony while married without a divorce if the spouse does not fulfill his responsibilities for maintaining and raising his own children.

One-time payments or payments that are not enough to provide food for the baby are significant grounds for demanding alimony.

Receiving child support without terminating the marriage is possible in the following ways:

1. When there is a notarized document, namely an agreement of the spouses on voluntary financing of the needs of the child. Where the terms, procedure and amount of transferred funds will be established until the child reaches eighteen years of age;
2. Contact a judicial authority. If you write a statement that you want to collect child support, the court may grant your request without a divorce.

It is best to avoid court and use the agreement to resolve this issue. The positive nuance of this agreement is that if the husband evades its execution.

This agreement can be submitted to the bailiffs, according to which they will collect child support from the negligent parent. It doesn't matter whether the child's father is employed or not.

The fact that he does not have a regular income is not a reason for him not to help his child.

For an unemployed draft dodger, the amount will be paid:

• The amount will have a fixed value;
• Funds will be collected in accordance with enforcement proceedings.

Registration of child support

When the wife and husband cannot come to a common agreement. One parent goes to court to secure legal funding for their child from the other parent.

Documentation

You must write an application to the magistrate at your place of residence. Attach the following documents to the application:

• Statement of claim that you want to obtain a court order to collect alimony from your spouse;
• Certificate from the registry office about your marriage;
• Birth certificate for children who have not yet reached the age of majority.

A complete and detailed list of documents can be found here.

By law, the maintenance of children lies entirely with their parents. Thanks to the written statement, a court order will be issued. It is possible that the spouse will file an objection to the order. In this case, alimony without divorce will be collected according to your claim.

Receiving funds

There are two options in which an amount is withheld from a parent’s earnings for the maintenance of a child under eighteen years of age:

1. Distribution into shares of received earnings or other income;
2. Fixed amount. It is established when the parent does not have a permanent job or a stable salary.

The amount of alimony during marriage is the same as after divorce.

When a child receives a share payment, it will be distributed in parts of the income. Thus, 1/4 of the salary is set for one child. If the spouses continue to be in a family relationship and another child is born to them, then:

• It is required to apply to the judicial authority with a new statement of claim with a request to change the monetary payments;
• If you have an agreement, then make changes to it.

Deadlines

There is no time limit for filing an application for alimony. You can submit an application at any time as soon as child support has ceased from the other parent.

You need to understand that support can be expressed not only in finances, but also in helping with food, buying clothes and caring for a child. All this is also taken into account as an analogue of alimony payments.

Typically, the financial alternative is taken into account when spouses live together in the same living space.

If you have requested alimony, it begins to accrue from the same day as the court order to demand it was issued. The other parent may not even know about what happened. The court order is issued five days from the date of filing the application with the court.

How to get alimony

It is rare that forced withholding of funds is required while spouses are living together. Usually, when one of the spouses goes to court and receives a writ of execution, this is enough to convince the partner to fulfill his duties.

Judicial act

If you still fail to convince your spouse to fulfill his duties, then we will go ahead and force you to pay alimony forcibly based on the execution of a judicial act.

The following actions must be taken:

1. Come or send documents by mail to the place where the spouse is officially employed;
2. Prepare and submit an application to the FSSP so that they initiate enforcement proceedings.

Of course, if a parent is not employed anywhere, then you cannot do without the help of bailiffs.

Don't be ashamed or afraid to file for child support. Thus, you improve the possibilities of supporting your baby. Let the other parent who turned out to be careless feel ashamed. If you think something might go wrong. Contact a specialist.

He will help you draw up a statement of claim and fully advise you on all issues that arise. If you have friends or you yourself have gone through the process of claiming alimony through the court, please share what you think are important points.

Source: https://Plachu.net/alimenty/mozhno-li-bez-razvoda-podat-na-alimenty