Is alimony for a wife on maternity leave up to 3 years: if married, if the wife goes to work, sample claim

A woman who has temporarily left her workplace to raise and care for a child under 3 years of age has the right to request payments from her husband (the child’s father). The legislation clearly defines the conditions and procedure for receiving funds.

General concepts

The spouse must provide decent maintenance for the child and the mother if she has stopped working and devoted herself to caring for the baby. Divorce does not relieve the husband of this responsibility.

Alimony is understood as a payment transferred from one individual to another to cover material needs. This payment can be requested by a mother who went on maternity leave before the child reaches 3 years of age and is unable to independently provide for all the baby’s needs.

Important! The content must cover the needs of the mother and each of the common children. If there is no blood connection between the husband and the child, the woman will not be able to extract payments from him.

Where to contact

Payments can be assigned on a voluntary or compulsory basis. In the first case, you need to contact a notary office, in the second - to the court.

Regardless of the method of receiving financial support, control over the implementation of payments is carried out by the bailiff service. This is where you need to go if any disputes arise.

Legislation

Both spouses are responsible for providing for their partner and common children. The main provisions are given in the RF IC:

Art. 17 Situations are given when a husband does not have the right to divorce his wife Art. 81 Established the amount of payments for children under 18 years old Art. 89 The obligation of spouses to take care of each other and their joint children is established. Art. 90 Reinforced the right of spouses to receive alimony after the dissolution of the union Art. 117 Fixed the requirement for regular indexation of payments

Download for viewing and printing:

• Article 17 of the Family Code of the Russian Federation “Limitation of the right of a husband to present a demand for divorce”
• Article 81 of the Family Code of the Russian Federation “Amount of alimony collected from minor children in court”
• Article 89 of the Family Code of the Russian Federation “Obligations of spouses for mutual maintenance”
• Article 90 of the Family Code of the Russian Federation “The right of the former spouse to receive alimony after divorce”
• Article 117 of the Family Code of the Russian Federation “Indexation of alimony”

Law on alimony for a wife on maternity leave

No separate Federal Law or other regulatory act establishing the obligation to transfer funds to the wife taking care of the baby has been adopted. All provisions regarding financial support for spouses are enshrined in Chapter 14. RF IC.

Attention! According to the UK, a husband has no right to divorce his wife (according to Article 17):

• before the baby is born;
• until one year after the birth of the child.

The maternity leave is specifically designed to ensure that a woman does not lose her current job and can raise a child. In such a situation, the woman essentially depends on the financial support of her husband. Moreover, even after the baby can go to kindergarten, the mother still needs financial assistance to cover the child’s needs.

Amount of alimony for a spouse on maternity leave for up to 3 years

Payments for the maintenance of a mother who has given birth to children from her husband are also established:

• on the basis of a joint agreement;
• based on the provisions of the court decision.

If payments for children can be calculated in a fixed amount or as a percentage of the payer’s income, then the maintenance of the wife is always assigned in a fixed amount. Transfers must be made every month.

On a note! The amount requested by the mother from the defendant is not limited by law. It directly depends on the payer’s solvency and the basic needs of the mother and child.

To support 2 children, at least 1/3 of his total income will be taken from the husband.

For one child, the father will pay at least ¼ of his earnings.

The necessary conditions

Requirements for potential recipients of payments are shown in the table below:

Basic conditions Essence Official registration of marriage The union between the plaintiff and the defendant must be registered, otherwise payments can be made exclusively for the maintenance of joint children. Alimony can be requested before and after the dissolution of the union. There is a blood relationship between the child and the payer. The spouse is pregnant or is raising a child with the plaintiff. It is impossible to receive payments from the defendant for a child who is not his own Age of the child Payments will be accrued until the end of the maternity leave, i.e. until the joint child turns 3 years old The woman cannot support herself and the child All income of the plaintiff is checked (benefits and allowances, passive income and etc.). If the mother gets a job, then alimony for her maintenance is canceled or reduced The defendant’s ability to pay alimony The payment will also be adjusted based on the father’s income level The woman has not entered into a new marriage The new husband will take responsibility for her well-being

How much are they charged?

The amount of alimony is established by the parties themselves or by the court in a fixed value. Not only the needs of the recipients are taken into account, but also the financial status of the spouse. Different maintenance is established for the mother and baby, but usually the transfer of funds is carried out on the same day.

When calculating alimony, the court is guided by 3 indicators:

1. Living wage per child;
2. Living wage for an adult;
3. If the mother or child has a disability, the cost of living for a disabled person (adult or child).

Payments will be indexed periodically.

How are they paid?

If alimony has been determined by the court, then the funds are transferred monthly. In the case of a voluntary agreement between the parties, the terms of enrollment and amounts may vary.

Registration of alimony

First, the wife should try to negotiate with her husband about concluding an agreement on the payment of alimony. If he refuses to provide financial support for the mother and/or child, he will have to file a claim in the magistrate’s court at the place of registration of either party (clause 4 of article 29 of the Civil Procedure Code).

Despite the fact that the application allows you to request maintenance for the mother and baby, the authority will set different amounts of alimony for each of them.

Download for viewing and printing:

Article 29 of the Civil Procedure Code of the Russian Federation “Jurisdiction at the choice of the plaintiff”

Collection procedure

There are two options for receiving alimony:

1. The parties reach mutual agreement, draw up an agreement and have it certified by a notary;
2. The payer refuses the proposed terms or avoids supporting his wife and children, and legal proceedings begin.

On a note! Bailiffs are responsible for the implementation of the transfer of alimony. Information about a citizen’s alimony obligation is transmitted to the accounting department at the place of employment. To transfer the established amount, the accountant deducts the payment amount from the salary.

If the husband agrees to help

To draw up a contract, the parties must present:

• certificates of marriage and divorce;
• passports of both parents;
• birth certificates for each child.

The agreement must be certified by a notary, otherwise it may be declared invalid. If controversial situations arise, this document will play the same role as a writ of execution issued by the court. To confirm that money has been credited, the recipient must prepare confirmation notes.

If the husband refuses to provide financially

When the spouse did not want to peacefully agree on payments, the mother has the right to file a claim to recover alimony for her own maintenance. To do this, in addition to the application, you must additionally provide:

• certificates of marriage/divorce;
• children's birth certificates;
• certificate of income of the plaintiff;
• a list of expenses for yourself and your child for the month.

The last point is confirmed by additional papers - a medical report recognizing the child or mother as disabled, a certificate from a doctor, a bill from the housing office, etc.

Important! In cases involving the collection of alimony, the filing fee is always paid by the defendant.

Drawing up an application

In both cases, the application contains basic information regarding the payment regulations:

• amount and frequency of payments;
• indexing order;
• sanctions for violation of agreements;
• method of delivering money to the recipient (bank or postal transfer, etc.).

The statement of claim contains the following information:

• name of the site that accepted the request;
• information about the plaintiff, defendant and child;
• text part with a description of the situation that has arisen and the requirements put forward;
• a list of documents attached to the claim;
• date of application and signature of the plaintiff.

Attention! The court is given 1 month to review the submitted papers and respond.

Sample statement of claim for alimony for a wife on maternity leave

Attached documents

The list of additional papers is determined based on the monthly needs of the plaintiff and the common child. The maintenance should cover the basic costs of:

• clothes and shoes;
• food products;
• payment of housing and communal services and other fees;
• treatment and purchase of medicines, etc.

When child support is not due to the mother of a child under three years of age

The mother's claim may be rejected if the fact is proven:

• woman's adultery;
• short period of marriage (less than 1 year);
• unworthy behavior (drunkenness, drug use, etc.);
• entering into a new marriage;
• mother's commission of an offense.

Also, a woman loses the right to payments after completing maternity leave.

When a wife loses the right to alimony from her husband

Payments may be canceled if the mother loses the appropriate basis. They are listed in Art. 92 and 120 SK. For example, payments stop:

• when the child reaches 3 years of age;
• if the wife’s health improves, her disability is canceled, after which she is recognized as able to work;
• in the event of the death of a child;
• after a woman enters into a new marriage;
• if a woman is negligent in caring for the child.

The payment may also be reduced if:

• the payer has other persons who are supported by him;
• the father's official income will decrease.

Download for viewing and printing:

Article 92 of the Family Code of the Russian Federation “Release of a spouse from the obligation to support another spouse or limitation of this obligation for a period of time”

Article 120 of the Family Code of the Russian Federation “Termination of alimony obligations”

Arbitrage practice

As a rule, child support and mother support on maternity leave are requested more often than on other grounds. The decisive factor is the presence of blood relationship between the child and the payer, the official registration of the union, as well as the fact of cohabitation and relationship between the plaintiff and the defendant.

On average, a woman can receive no more than 6,000 rubles from her husband for her own maintenance during maternity leave.

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Watch a video about spousal support during maternity leave

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In what cases is alimony paid for the maintenance of a wife until the child is 3 years old?

If the parents divorce, and if one of them applies to the court to collect alimony, the other must pay it for the maintenance of the common child. But our Russian legislation also stipulates the possibility of collecting alimony from the mother (or, with rare exceptions, from the father) for their own maintenance, if their common child is under three years old at that time.

Alimony, which is paid for a child under three years of age, differs from other similar types of payments. At this age, the child still needs constant care, which is most often provided by the mother. In rare cases - the father.

For this reason, a parent caring for a small child does not have the opportunity to go to work and start earning money on his own, and therefore also needs financial assistance.

It is well known that we provide places in kindergartens no earlier than a child reaches three years of age.

How to collect alimony for the maintenance of your wife up to 3 years, and not just for her small child, we will talk in our article.

Conditions for assigning child support for a child under three years of age

They are not particularly different from the conditions that are observed when assigning alimony for the maintenance of children of a different age.

If one parent does not live together with his child, does not take part in his upbringing, and does not spend money on his maintenance, he is obliged to pay alimony.

Whether they will be paid by mutual agreement of both parents, by court order or writ of execution is not important.

Conditions for assigning child support to the mother of a child under 3 years of age

Article 89 of the Family Code of the Russian Federation talks about the obligation of spouses to financially support each other. If one of the spouses has the opportunity, but refuses to provide this help to the needy - the second spouse, that is, for example, if the father does not pay alimony, the wife will be able to demand alimony from him in court. Important conditions must be met:

• the needy spouse must be disabled;
• this is a pregnant woman;
• this is a needy spouse raising a child under three years old;
• a spouse caring for a common disabled child of group 1 for life, or a disabled child of group 2-3, until he reaches the age of eighteen.

Read also: How is gifted property divided in marriage: in case of divorce

But the main condition is that the spouse (or former spouse) must be legal, and not civil.

Child support for a child under three years of age and for his mother

If the ex-wife (mother of a common child) remarried, even if the court recognized her as needy and disabled, alimony payments are terminated.

Thus, the ex-spouse is no longer required to pay to support his ex-wife.

We said above that alimony for a child under three years of age is no different from alimony for children of a different age or alimony for adopted children.

Also, the spouse who cares for such a child will be able to demand alimony. More often this is a mother who is on maternity leave. With all this, this parent must be in need, that is, due to the child’s young age, he does not have the opportunity to work and raise funds to support the child and himself.

It is no secret that it is difficult to raise a child on the allowance that our mothers on maternity leave receive. And even coupled with child support, this amount is not always enough to ensure that the child eats normally, is clothed and has shoes.

The issue of collection and amount of such alimony can be resolved by concluding a voluntary agreement with the second spouse. Or by filing a claim in court. It will also be necessary to prove to the court that the spouse caring for a child under three years of age actually needs additional support. The court will also examine the financial situation of the second spouse.

We must not forget that, according to Article 90 of the Family Code of the Russian Federation, the mother of a child under three years of age has the right to demand alimony for her own maintenance, subject to a difficult financial situation, but this obligation does not automatically arise for the father of the child. The wife will be able to collect alimony for herself after filing a corresponding demand.

Amount of child support for a child under three years of age

It is calculated in the same way as the amount of child support for a child of a different age. And it can either be specified in a voluntary agreement concluded by the parents, or established by the court in fixed monetary terms or in a certain proportion of the total income of the person obligated to pay child support:

• up to 25% - for one child,
• up to 33.33% - for two children,
• up to 50% - for three or more children.

When setting the amount of the monthly payment, the court must examine the financial situation of both parents. It also takes into account the calculation of child support costs provided by the plaintiff.

Amount of child support for the mother of a child up to three years old

The plaintiff - in our case, a mother raising a child under three years of age, will be able to indicate in his application the amount of alimony that he would like to receive for his maintenance. With all this, he must take into account that according to the law, no more than 50 percent of the amount paid for the maintenance of the child can be recovered from the second parent.

This is precisely what is connected with the method of paying alimony to the wife in hard monetary terms and nothing else.

Registration of alimony and necessary documents

Alimony for a child under three and his mother can be issued:

• notarized (when an agreement on the payment of alimony is concluded between the parents);
• under a court order for the payment of alimony;
• on a claim for alimony.

The main condition for an alimony agreement between former spouses is notarization. If this condition is not met, then there is a possibility that the agreement will be invalidated.

• Documents required for registration of alimony for wife and child:
• 1) passport of the plaintiff,
• 2) the child’s birth certificate or
• 3) a certificate from the antenatal clinic indicating the duration of pregnancy,
• 4) certificate of marriage (if the marriage has not yet been dissolved),
• 5) certificate of divorce (if the marriage has already been dissolved) (read more in our article about filing a divorce if you have children),
• 6) certificate from the defendant’s place of residence,

7) information about the lack of income or low income of the child’s mother (certificate from the place of work about being on maternity leave, a certificate from social security about the amount of benefits, etc.).

All these documents, as well as their copies, are provided to a notary (when there is a voluntary agreement between the spouses), a magistrate in order to obtain a court order, or are attached to the statement of claim for the recovery of alimony.

Collection procedure

If an agreement on the payment of alimony has been concluded between the parents, and it is certified by a notary, then you can immediately contact the bailiff service with it. This agreement is already binding, and alimony can be collected under it. If the agreement has not been notarized, you will need to additionally contact a notary to comply with the entire procedure.

If the plaintiff knows for sure where the defendant lives and works, he will be able to go to the magistrate’s court and write an application to obtain a court order for alimony.

After considering this application, the magistrate will issue this order, in which he will determine the amount of alimony in accordance with family law.

With this court order, you can already go to the bailiff service, which will collect alimony from the debtor.

If the second parent does not agree to fulfill his obligation to pay alimony for the maintenance of the child and his mother, the first parent has no choice but to draw up a statement of claim and submit it to the magistrate’s court to resolve the existing dispute. We talk about how and where to properly apply for alimony here - https://divorceinfo.ru/2349-kuda-kak-podat-zayavlenie-na-alimenty-posle-razvoda-suprugov

Also, only by filing a statement of claim in court will it be possible to resolve the issue of assigning alimony in a fixed amount. And both for the child and for his mother. But in the second case, the judge will additionally need to submit papers confirming the costs of maintaining a child under three years of age and his mother and prove the need to assign a specific amount of alimony.

After considering the claim, the judge decides to issue a writ of execution. Based on it, bailiffs will be able to begin work on collecting funds from the alimony payer.

Mother is not entitled to child support

There are several cases when a spouse who does not want to pay alimony for the maintenance of the mother of his child will be able to avoid this obligation:

• the marriage lasted a short time (less than a year, etc.),
• unworthy behavior of the spouse in marriage, which served as a reason for divorce (infidelity, drunkenness, etc.),
• the spouse became incapacitated due to her own fault (committing a crime, getting injured while drunk, etc.),
• it will be proven that the spouse is hiding the real amount of her income in order to receive alimony.

Cancellation of alimony for the maintenance of a spouse (former spouse) can be achieved at any time by proving that her financial situation has changed and improved in comparison with the income of the payer. There are also some situations in view of which the amount of alimony can be reduced - more on that on the page.

Form of claim for the recovery of alimony for the maintenance of a former spouse

Source: https://divorceinfo.ru/2445-v-kakih-sluchayah-vyplachivayutsya-alimenty-na-soderzhanie-zheny-do-3-let-ispolnivshihsya-rebenku

Alimony for a wife on maternity leave: is it due, in what amount and how to collect

Husband and wife are required by law to help each other financially. This obligation is given to them by Article 89 of the Family Code of the Russian Federation. The wife, while on maternity leave, is virtually deprived of the opportunity to earn money on her own - all her free time is devoted to caring for the baby. The husband's earnings become the main source of income during maternity leave. Unfortunately, not every spouse agrees to provide for their family during this difficult period of time. In the event of such a refusal by the husband, it is possible to recover alimony from him for his wife on maternity leave. We will examine in detail all the details of the question of how to do this.

Law on alimony for a wife on maternity leave

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:

The only regulatory act providing for the collection of alimony for a spouse on maternity leave is the Family Code. No other law regulates such issues. Cases of collection of alimony for existing spouses are discussed in detail in Article 89 of the Code. In addition to establishing alimony for maintaining a wife on maternity leave, the law defines alimony for:

• pregnant wife;
• a husband or wife who is unable to work for a number of reasons and needs financial support;
• a spouse in need of financial support, caring for a child with a disability until he is eighteen years old, and with a disability of group I - indefinitely, until he recovers his health.

Article 90 of the Law describes cases of collection of alimony for the maintenance of a husband or wife after a divorce. The grounds for assigning payments are approximately the same as for existing spouses. Two clarifications are added:

• in the event of the ex-wife’s incapacity to work, alimony can be established only when her incapacity to work occurred either during the marriage relationship, or no later than one year from the date of the official divorce;
• in case of retirement of the former spouse and his need for financial assistance, provided that five years have not yet passed after the divorce.

Judicial practice shows that alimony for a child and wife on maternity leave is collected much more often than on other grounds provided by law.

A mother who cares for a child until he is three years old can apply for alimony both while in a marital relationship with her husband and after the divorce. At the same time, the very fact of registering a marriage union is strictly mandatory.

Cohabitation between a man and a woman without a stamp in the passport does not entail any legal obligations and rights, including regarding financial support for each other.

Read also: Deprivation of parental rights of the father in 2020: grounds and what documents are needed

Collection conditions

A woman caring for a child under three years old can obtain payments from her husband for her maintenance under the following circumstances:

No. Mandatory conditions Note 1. The fact of official registration of the marriage union with the civil registry office. It does not matter whether the marriage relationship is currently preserved or not. 2. It is possible to collect payments only when caring for a joint child. There must be a blood connection between the baby and his mother's spouse. The law does not establish a mandatory circumstance for the birth of a child during the period of his mother and father being in a marital relationship. In this regard, if the blood relationship is not confirmed by the birth document of the baby, the fact of relationship is recognized through the court. 3. The period for exercising the right is until the child is three years old. The only exceptions are cases where a mother cares for disabled children under 18 years of age, and if the child has a Group I disability, then the payment terms are not established by law. 4. The woman’s need for financial support from her husband or ex-husband. If a woman, in addition to state benefits, has other decent sources of income that can fully satisfy her needs, then the court will most likely refuse to award payments. 5. The husband’s material ability to provide financial support to his wife. The court also takes into account the man’s financial situation and assesses his solvency.

All these circumstances are considered by the judge without fail when resolving each case of alimony for a mother on maternity leave.

Thus, the following may apply for payments for their own maintenance in connection with child care:

• wives raising a child with their husband until he is three years old;
• ex-wives raising a child with their husband until he is three years old;
• wives, as well as ex-wives, caring for a common disabled child of group II, III until he comes of age;
• wives and ex-wives caring for a shared group I disabled child until he is restored to health and ability to work.

The list of categories of persons is exhaustive.

Collection procedure

There are two ways to obtain financial support from your spouse for your own support:

• having drawn up an agreement with a notary on a voluntary basis;
• defending their interests in the courtroom.

If the husband agrees to provide financial assistance

The agreement becomes relevant when the husband conscientiously treats his family responsibilities and does not refuse to help his wife financially, but at the same time, the conflicts that have arisen between them on a financial topic cannot be resolved orally.

In the agreement, the spouses themselves establish the amount of assistance provided, the terms, and also prescribe force majeure circumstances. The document must be certified by a notary office. If this requirement is not met, the agreement will be considered invalid.

Before concluding a voluntary agreement, a notary has the right to demand from the husband and wife the following title documents:

• passports of each of them;
• birth certificate of a common child;
• marriage or divorce document.

From the moment such an agreement is executed, the husband begins to fulfill the financial responsibilities specified in it.

As confirmation of the fact of providing assistance, he can take away from his wife receipts for payment of alimony on maternity leave.

 If the husband fails to fulfill the terms of the agreement, the wife can turn to bailiffs to open an enforcement case, since the executed document has the force of a court decision.

If the husband refuses to provide financially for his wife

In this case, there are no other options other than going to court for help. A woman raising a child under three years old submits a claim to the court at her place of residence, attaching the following documents:

• your passport;
• marriage or divorce document;
• birth certificate of a child shared with her husband;
• original certificate of available income, confirming the woman’s inability to fully provide for her usual needs;
• original certificate of earnings of the spouse (if available);
• a list of monthly expenses for your maintenance.

As a general rule, all claims are sent to the court district where the defendant lives.

Since the mother is caring for minor children and in most cases has difficulty filing a claim in another court district due to territorial distance, the law allows the process to be initiated in her own court district. Such an exception is contained in Article 29 of the Code of Civil Procedure of the Russian Federation, or more precisely, its paragraph 4.

In all cases of alimony collection, the duty is not paid by the plaintiff, even if the payments are assigned to the mother on maternity leave.

In the statement of claim, it is important to reflect the fact of the spouse’s refusal to voluntarily provide assistance during maternity leave, to determine a specific amount in monetary terms based on the degree of need, and to reflect all the important points in the case. The claim contains:

• name of the court district where it is filed;
• information about the plaintiff, passport details, registration;
• information about the defendant-father of the child;
• the material price of the demands put forward in rubles;
• in the descriptive part: in connection with what payments are collected, how old the child is, what income the mother has, how much money is needed for a full-time living;
• in the operative part: the requirement to collect payments for own maintenance before the child turns three years old;
• list of documents attached to the application;
• number and personal signature (download here).

The claim is drawn up in three copies: for the judge and for both parties. All copies of documents are submitted in the same quantity.

If the claim does not make demands regarding recognition of paternity or deprivation of parental rights, then it is filed in the magistrate’s court. If such demands are made, the application must be sent to the district court. The deadline for making a decision on the case is one month. If the work schedule of the panel of judges is not very busy, the verdict can be rendered in a shorter period of time.

It is important to note that if the child’s mother does not have material means of support until the court decision enters into legal force, then she can apply for this in accordance with Article 108 of the Code.

Amount of alimony for wife on maternity leave

The Family Code determines that for a wife raising a child, alimony is collected by the court only in the form of a fixed amount of money.

It is impossible to demand financial assistance for your own maintenance in the form of a percentage of your husband’s earnings.

When determining the amount of payments, the court pays due attention to studying the financial situation of both the husband and wife separately, their marital status, and the presence of other dependents.

The amount of alimony, if the mother is on maternity leave, cannot be higher than the amount of money necessary and required by her to satisfy her usual needs.

Of course, the most ordinary needs are taken into account within reason. We are not talking about the costs of going to beauty salons.

To determine her need, a woman makes a monthly list of expenses for herself. It includes expenses:

• for food;
• for clothes and shoes;
• to pay for utilities, gas, electricity, major home repairs, garbage removal;
• to pay for home Internet and television services;
• to pay for travel on public transport;
• to pay for her own treatment and purchase medications, if she needs it as prescribed by her attending physician.

The list is not exhaustive. In each situation, the list of expenses may be supplemented depending on a number of compelling circumstances. The list of expenses does not include monthly expenses for the child, since they are the subject of a dispute in another claim.

The total amount of all monthly expenses for own maintenance will be the declared price of the claim. In each case, the court assigns different amounts of alimony for the maintenance of the child’s mother, taking into account the needs.

The law does not establish any limits or restrictions.

If one mother does not have enough 10,000 rubles a month for a full-fledged living, then the other has the right, taking into account her own needs, to claim the entire 15,000 rubles.

When does a wife lose the right to alimony from her husband?

When examining the topic of whether a wife is entitled to alimony on maternity leave, one cannot help but answer the question in what cases the court does not order payments to her. All cases are provided for in family law, namely in Articles 92 and 120 of the Code. A wife automatically loses the right to financial support from her husband or ex-husband under the following circumstances:

• when the baby is three years old;
• due to his obscene and inappropriate behavior in the family;
• due to the short duration of the family union;
• in case of divorce and entry into a new official marriage, concluded in the registry office;
• in the event of the death of a child;
• in the event of the death of the husband;
• in the event of one's own death.

There are no other grounds depriving a woman of the right to payments from her spouse. If some of the listed circumstances exist, the husband must indicate them in court at the very beginning of the proceedings, giving reasonable arguments.

Thus, the collection of alimony for a wife on maternity leave is quite common in judicial practice today. The procedure for considering such cases is regulated by the RF IC. The conditions for assigning payments to support a wife on maternity leave are as follows:

• the fact that a husband and wife are in an officially registered marital relationship, and it does not matter whether this fact was in the past or in the present;
• the child being cared for by the mother is not older than three years;
• a child raised by a wife is a common child from her husband, and it does not matter whether he was born during marriage or after divorce.

When deciding on the issue of establishing payments for the child’s mother, the court takes into account the family and financial situation of both the husband and the father – each individually.

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About child and wife support: maternity leave for up to 3 years, after divorce

In happy families, parents love each other and support each other not only morally, but also financially. Monetary help from their husbands is needed not only by young mothers on maternity leave, but also by those whose baby has already started going to kindergarten. After all, the baby often gets sick and requires special care. If a couple divorces, then without financial help from the mother it will be difficult to provide a decent life for her son or daughter.

Child and wife support: grounds for collection

The legislation of the Russian Federation provides for financial support by the husband not only of the baby, but also of his wife, who is raising a newborn and does not work herself.

A man’s refusal to provide a decent living for the mother of his child is an unworthy act.

Read also: How to get a divorce if you have minor children in 2020

If the husband refuses to support his wife or spends too little money on her, which is not enough to ensure a decent life for the woman, then, even without being divorced, she can file for alimony, thereby obliging her husband to pay for her comfortable living.

All property and personal non-property relations between husband and wife in the Russian Federation are regulated by the Family Code of the Russian Federation.

It spells out the responsibilities of spouses for mutual financial support of each other in a marriage union, as well as for providing financial assistance to the spouse with whom the children remained to live after the divorce.

The Code confirms information about whether an ex-wife can apply for alimony for herself.

The amount of payments and the grounds for filing a claim to receive funds are also clearly stated there. Grounds are compelling reasons on the basis of which a mother can recover from her son’s father the necessary amount of money not only to organize the proper standard of living for the child, but also for her own life.

Such good reasons include:

• Official registration of marriage. This is a very important reason, since at the birth of a baby, only in a de facto marriage the mother can demand money from the father solely for the maintenance of the common child, but not for herself. The same point is important when demanding money for the mother’s life after a divorce.
• Pregnancy (especially after the seventh month, when work becomes difficult for a woman) is also an important reason for receiving payments from a real or ex-husband.
• An infant under 3 years of age for whom the mother is on maternity leave and therefore does not receive sufficient income.
• If a couple’s baby is disabled, then his mother has the right to receive financial support until the child reaches adulthood.
• A childhood disability of the first group gives the mother the right to receive alimony from her husband indefinitely (throughout the entire life of the children).

After a divorce, alimony for the child and for the wife is due if the mother is recognized as incapacitated even when she was in a registered marriage with her husband.

The husband who is awarded alimony to support his wife must have a decent salary in order to be able to pay not only for his own life, but also to support his wife and child. If he does not have enough money to even support himself, the court has no right to order him to pay money to his wife and child(ren).

Note! A woman’s entry into a new officially registered marriage with another man removes her ex-husband’s obligations to make payments to his wife, even if she is disabled, since she is now under the guardianship of another man. However, official financial obligations for the child still remain even in the mother’s new union, unless the new man decides to adopt his wife’s child from her first marriage.

Based on the basis for the wife’s receipt of funds that is suitable for a specific situation, the court calculates the amount of payments and their frequency.

Important! If a spouse decides to go to work during maternity leave, then payment for her accommodation by her former or current husband stops, but partial child support through alimony remains, regardless of the level of salary received.

Is a husband required to support his wife on maternity leave after a divorce?

Judicial practice shows that divorce is not at all an indicator for the completion of the provision of financial assistance by the father to the mother, as well as to the baby. However, maintaining a spouse after a divorce must still have fairly compelling reasons. One of these grounds is maternity leave (leave to care for a newborn).

Child support for a disabled person

The husband is obligated to financially support his wife on maternity leave, even when she has a fairly high level of salary or maternity money.

The main condition for receiving payments from her ex-husband on maternity leave is that the mother is officially unable to work because she is caring for a young child under 3 years old.

This scenario for the development of the situation is clearly stated in Article 90 of the IC of the Russian Federation.

If the ex-wife is still pregnant, but is already on maternity leave, then she can also file a claim in court to receive financial assistance from her spouse, because the woman can no longer work at all after 28 weeks or has certain difficulties in performing her work tasks .

Important! Once the child turns 3 years old, spousal support ends.

Amount of alimony payments for a wife on maternity leave for up to 3 years

Alimony for the maintenance of an ex-wife, as well as for a preschool child, does not have a clearly fixed amount. For each specific case, the amount of regular financial obligations is calculated individually.

Important! The article in the Family Code on the amount of payments indicates that first the amount of finances for the child is calculated.

The percentage of payments for one offspring cannot exceed 25% of the child support provider’s salary, for two - 33%, for three or more children, costs cannot exceed 50% of the salary.

Alimony for a wife on maternity leave for up to 3 years cannot exceed 50% of the amount of money paid for one child. That is, if the father pays 7,000 rubles for the baby, then the wife can count on 3,500 per month, and if 20,000, then 10,000.

In some cases, the exact amount of payments should be may be regulated by the alimony agreement. It is concluded between the spouses even before the divorce and involves voluntary fixation of the amount of expenses, their regularity and any changes.

Such an agreement must be notarized in order to be submitted to the court as the main document regulating the financial relations between the former spouses. In this case, the court will only have to accept and confirm this notarized document.

Sample alimony agreement

Sometimes the wife herself can submit a statement to the court about her preferred level of alimony payments. The judge is obliged to take the information into account and do everything possible to ensure that the life of the mother and her daughter or son is at the proper level using funds paid by the father of the daughter/son and the woman’s ex-husband.

Alimony for two children and for a wife on maternity leave: what percentage?

Alimony for a second child

If you have two children and are unable to work, your spouse, even your ex, still needs financial help. The law, of course, takes the mother’s side in such a situation.

In the Russian IC, an entire article is devoted to mutual support of spouses during pregnancy, the birth of a child and until the child reaches the age of three.

During the period of incapacity for work of one of the spouses, support must be provided even after a divorce, if the newborn has not yet reached three years of age, and in some special cases, adulthood.

Important! If there are two children, then alimony for the wife is equal to 50% of the total amount of alimony payments.

If the spouse refuses to pay alimony, pays it in bad faith, that is, in the wrong amount, not on time or irregularly, then the woman has the right to file an application with the court or with the FSSP authorities (Federal Bailiff Service), which are obliged to find a legal way for the mother to receive alimony and children. A sample application is provided immediately to the bailiffs.

When the court decides to divorce a married couple, first of all, the judge examines the issue of the presence of children and makes sure that the quality of life of the minor is not affected in any way.

Not only the father, but also the mother can pay alimony if the court decides that the little one remains to live with her ex-husband.

The rules apply exactly the same when a man (father of the family) pays financial obligations to children.

Is it possible to apply for child support during pregnancy?

Alimony for a pregnant wife and child is perhaps one of the most difficult parts of alimony legislation. By law, alimony can be collected by any family member in need of help.

A pregnant woman, like no one else, is in a rather difficult situation due to the lack of a stable income of her own in her life.

In this case, the husband of the pregnant woman is obliged to pay for her and for the unborn child, as well as provide her with an adequate standard of living.

Every pregnant woman has the right to this if she is/was the legal spouse of the man from whom she is demanding alimony. If the marriage has not been officially registered, only the common child of the couple can claim alimony, but obtaining it may be a little difficult.

Submitting documents for alimony to the court is a serious procedure. It is carried out when a pregnant woman really needs money. To apply, a woman needs documentary evidence of her need.

The woman must provide all receipts from stores, certificates for paid medical procedures, clothes, and so on, that is, all those expenses that she made on her own.

This is done in order to emphasize how special this period is and how much a woman needs financial support at this moment.

Note! A woman can go to court if her husband or ex-husband, who is the father of the child, refuses to make a financial contribution to the ongoing process. However, if dad agrees to pay everything on his own, then it makes sense to conclude only a notarized agreement.

If a girl marries again and becomes pregnant, then the court may recognize the ex-husband as the father if the baby is born 300 days after the date of official divorce.

Important! In the case of financial assistance for pregnancy, the period is extended by 9 months of pregnancy. It does not matter when the court or notary established the start of payments; from the first day of pregnancy, both parents are already responsible for the child.

A family is a complexly organized interaction between people. In situations where it disintegrates, such interaction is further disrupted, and maybe even interrupted completely.

However, the main priority of any family is the decent upbringing of children, for which every parent is responsible.

The duty of the father and mother is to ensure a life for their child that will not be worse than that of their peers. And the separation of parents should not become an obstacle to this.

Source: https://shtrafsud.ru/dokumenty/alimenty-na-rebenka-i-na-zenu.html