Alimony for the maintenance of a former spouse. Determining the amount of alimony for a spouse

The fact that a woman can demand that her husband allocate a certain part of his income for her maintenance while they are married is well known, but the fact that she has the right to this even after an official breakup is news to many. Regardless of whether the spouses are current or former, alimony is paid to the wife who needs it if she is caring for a joint disabled child (either before he turns 18, or if Group I since childhood).

After divorce, a woman whose income is insufficient may receive financial support from former second half in cases:

• if she became disabled during marriage or within 1 year after its dissolution;
• if she became a pensioner no later than 5 years after the divorce (only in the case of a long-term marriage - that is, lasting at least 10 years);
• until the common child turns 3 years old;
• during pregnancy.

Minimum amount of alimony

Unfortunately, the minimum amount of alimony is not defined by law. If for child support at least a percentage of the income to be paid is established, then in the case of the ex-wife this is not specified either.

For reference: We have reviewed and in detail. Check out these materials.

In each lawsuit, the amount is determined individually, based on the income of the former spouses. As a rule, if the husband is already obligated to pay child support, or is paying off a loan taken out during the marriage, or is bearing the burden of other expenses that arose while the spouses were running a common household, this is taken into account by the court.

If alimony is assigned to your ex-wife, it is due monthly.

Indexation of alimony

In most cases, the former spouse will have to pay alimony long years, and prices for vital goods rise regularly. To ensure that the wife to whom this alimony is paid does not find herself in a deliberately disadvantageous position, they are subject to indexation.

To facilitate this process, the amount of alimony is indicated by the court in an amount that is a multiple of the subsistence minimum, or as a share thereof. Thus, as the amount increases living wage The amount of alimony will automatically increase.

Procedure for submitting documents

You can demand payment of alimony in court regardless of the time that has passed since the divorce, the onset of incapacity, or other circumstances that give the right to receive assistance from ex-spouse. But alimony can be collected no more than a 3-year period before filing an application with the court, if the plaintiff can prove that she will receive money from ex-husband She tried to earn her keep, but to no avail.

If a woman does not make demands for payment of money for the previous period, the obligation to pay alimony begins from the moment a positive decision is made in court.

The statement of claim is submitted to the magistrate's court and must be accompanied by a package of documents. A sample statement of claim can be found on the Internet. At the end of the statement, as a rule, the most full list documents that need to be attached.

If some are not required in your case, or you simply cannot provide them, adjust the list manually. But remember that the more documentary evidence you present in court, the greater the likelihood of your claims being satisfied in full.

The following documents will need to be attached to the application:

1. Marriage certificate;
2. court decision on divorce;
3. certificate of wife's income;
4. certificate of husband's income;
5. documents indicating the presence of additional income from the defendant;
6. if the wife is pregnant, a certificate from a gynecologist confirming pregnancy;
7. if there is a child under 3 years old - his birth certificate;
8. if alimony is collected due to the wife’s incapacity for work - conclusion medical and social examination, confirming this fact;
9. if a woman needs alimony because she is caring for a disabled child:

• Form 9 or an extract from the house register confirming that the woman lives with the child;
• documents confirming that the child has been assigned a disability, medical certificates stating that he needs constant care.

In addition, it will be a big plus to provide receipts confirming the amount of expenses for yourself and the child (if any). After all, alimony is assigned only if the ex-wife is in need, and it is established by comparing income and needs. Receipts will be needed to confirm your needs.

Since alimony in in this case are paid only in a fixed amount of money, then payment of state duty, according to the law, is not required.

Very often a woman has a question about how to get a certificate of her ex-husband’s income; usually it is not possible to get it on your own. In this case, the court will request necessary documents myself. This will somewhat delay the process, since at least one additional court hearing will be required, but it will help solve the problem.

As a rule, 3 copies of documents are required - one for the court, the other - according to the number of participants in the process. If there is one plaintiff and one defendant, 3 copies are sufficient.

When does a husband not have to pay alimony?

A judge may find that a former spouse is not required to pay alimony in the following cases:

• the marriage did not last;
• the wife was distinguished by unworthy behavior in the family (for example, she cheated);
• if the wife’s incapacity for work was caused by the abuse of alcohol, drugs or an intentional crime committed by her (for example, the spouse, being drunk, crashed her car, or was injured when attacking someone).

Over time financial position any person can change. If the former spouse no longer needs alimony, or the former spouse is unable to pay it, he can file a lawsuit in court, indicating claims consistent with the new circumstances. If his demands are legitimate, the amount of alimony may be reduced, or payments may be stopped altogether.

Also, a claim for refusal to pay alimony can be filed if the spouse hid her true income - for example, by not working, or receiving a small salary, she has a good profit from renting out an apartment, which she kept silent about in court.

So, if you have the right to receive alimony, there is no need to hesitate in filing a claim in court; often, making a final decision will require more than one meeting, and the process can drag on for many months. You shouldn’t refuse your husband’s financial help for fear of getting involved with a leisurely judicial system or fears of doing something wrong - to speed up and simplify the process, it would be better to contact a specialist who will competently draw up a claim, help collect the necessary documents and represent you in court.

In any case, finding ourselves in a difficult life situation you need to use every opportunity to alleviate it, especially if it concerns not only you, but also the child.

A woman can count on alimony from her ex-husband only if there are certain circumstances, namely:

If she is incapacitated, the husband is obliged to pay alimony to the spouse during the period of her incapacity;

During pregnancy and until the child reaches the age of three, few people know that this clause also applies to providing for the ex-wife;

A woman who cares for a disabled child if she is experiencing financial difficulties.

Alimony for spousal support can be received by ex-wives who have reached retirement age if the marriage was dissolved no earlier than 5 years before the precedent. In this case, the court will definitely take into account how much time the spouses spent in marriage and how much the woman actually needs financial support from the man.

It's worth saying that Family code does not provide a specific definition of what exactly constitutes “need”. In every specific case the court will decide individually whether the husband must pay alimony for the maintenance of his wife. In this case, income will be taken into account in relation to the level of necessary expenses, whether the woman has a source of subsistence, and whether it is sufficient to receive a minimum set of products and services.

The question of the amount that a spouse must pay for the maintenance of a woman is ambiguous. Its value is individual and is determined depending on many factors. In particular, these are the living conditions of a woman, her material well-being, spouse's income. The court may establish payments in hard currency, a multiple of the subsistence level or a certain part thereof.

It is worth remembering that the cost of living is set depending on the payer’s residence in a certain constituent entity of the Russian Federation, which means it can be different. Monthly rates may vary accordingly. alimony payments. As a result, as the cost of living changes, alimony will increase. This rule was introduced into the Legislation of the Russian Federation in 2011.

If an agreement to pay alimony for the wife was concluded earlier, the court will reject the claim filed by the woman, giving the spouses the opportunity to sort it out on their own.

However litigation are not mandatory when establishing alimony for the maintenance of a woman. The husband can make payments voluntarily. In addition, this item may be included in marriage contract and become an integral part of it. It can be concluded between spouses settlement agreement about payment of alimony. If it is determined that the fee will be charged in hard currency, then the husband, or ex-husband, will pay a fixed amount of money every month.

It is worth remembering that a spouse can apply for alimony at any time. However, for the past time, she will be able to receive compensation for no more than three years preceding the date established by the court.

The obligatory point is that the obligations that a man has in relation to providing for a woman should not be confused with the maintenance of common children. This different variants expenses.

Of course, a voluntary agreement is a more civilized way of resolving relationships than setting fees in court. No one, of course, plans to get a divorce during the wedding, but nevertheless it is worth taking into account various circumstances, including the wife.

When you no longer have to pay child support

The Family Code provides for circumstances when payments to a woman are terminated. This happens if the wife returns from maternity leave and goes to work, and also enters into a new marriage. This requires proof from the payer. He will present them to the court; if they prove convincing, the encumbrance will be lifted.

The court has the right to refuse a woman if her husband does not have a stable income or has dependents, if she applies for alimony to support his wife.

A husband and wife bear not only a legally established obligation to support their minor children, but also to financially support each other. Despite this, not all spouses have the right to demand maintenance. judicial procedure, for this, certain conditions must be met.

Conditions under which it is possible to pay alimony to a spouse during marriage

1. Disability and neediness of the spouse ( retirement age and a disability group that does not allow work).
2. Wife's pregnancy common child and the child's age is up to 3 years.
3. The needs of a spouse caring for a joint disabled minor child.
4. The needs of a spouse caring for a joint disabled child since childhood, regardless of his age.

A spouse who, due to certain life circumstances, can count on alimony deprived of the ability to support himself. But to go to court for alimony, compliance with one of the above conditions is not enough; the condition of the financial capacity of the spouse obligated to provide maintenance must also be met.

If the obligated spouse does not work or works, but his earnings are only sufficient to support himself and his minor children, then the needy spouse cannot count on receiving alimony.

Amount and form of payment

To collect alimony, it is not necessary to go to court; there is always the opportunity to independently come to mutual consent with the spouse under all essential conditions. In such situation spouses can determine for themselves how much, in what terms and in what way maintenance will be paid.

If no agreement was reached, then the question about the amount of alimony decided by the court taking into account the financial situation of the spouses:

• income of the parties (sources and amounts);
• income stability (amount and frequency);
• sufficiency of income for each party;
• whether they have dependent third parties or bear other alimony obligations;
• receiving alimony from third parties;
• other circumstances affecting the financial condition of the parties.

The amount of alimony is determined by the court as a fixed sum of money, as a rule, in shares of the subsistence level established in the region of residence of the needy spouse. The subsistence minimum is established for each category of citizens quarterly depending on changes in the standard of living in the region, but if it is not established in the subject, then it is taken as a basis All-Russian living wage. When the standard of living changes, the amount of maintenance also changes in a simplified manner: without going to court, the recalculation is made by the bailiff or the organization making monthly alimony payments (the employer of the alimony payer).

Decor

Procedure

Compulsory order is a judicial review of the issue. For this purpose the needy party it is necessary to file a statement of claim demanding the recovery of alimony and submit it to the court of peace located at the place of residence of the obligated spouse.

When going to court for child support the plaintiff is exempt from paying state duty. The application is drawn up in the name of the magistrate and signed personally by the alimony claimant or his representative, provided there is an appropriate power of attorney certified by a notary.

• the name of the magistrate with indication of location;
• information about the parties to the proceedings (full name, registration and residence address, contact telephone number);
• claims and the circumstances on which they are based;
• documents confirming the validity of the requirements;
• date of preparation and signature of the applicant.

Required documents

• a copy of the marriage certificate (in case of loss or damage, a copy of its duplicate must be submitted);
• copies of birth certificates of common children (about adoption) (if there are minor children or a child who has been disabled since childhood);
• documents on the plaintiff’s financial condition (certificate of income, pension amount, copy work book, certificates from the employment service and others);
• documents on the defendant’s income (if it is possible to obtain them);
• documents confirming the plaintiff’s need;
• documents confirming the plaintiff’s incapacity for work.

The claim is considered by a magistrate within a month from the date of its receipt, a conversation is held, followed by court hearings, in which the parties present written and oral evidence to support their claims and objections. The court evaluates all the evidence presented, as a result of which it makes a decision to satisfy the claim in whole or in part, or to refuse to satisfy it.

The decision comes into force within a month and can be appealed during this period of time in district court. The decision to collect alimony is subject to immediate execution. Immediately after the decision is announced, the plaintiff is issued a writ of execution. The recipient of alimony has the right to present it to the bailiff department located at the defendant’s place of residence or place of work for execution.

Conclusion

All spouses are obliged to support each other, but the legislator has limited the circle of persons who have the right to demand maintenance in court, establishing an exhaustive list of grounds for this. In turn, not all persons who have grounds to collect alimony can count on having their demands satisfied, since, in addition to all of the above, the obligated spouse must have the financial ability to support the needy. Spouses can independently, voluntarily agree on joint maintenance without complying with the conditions established by law.

Should a husband provide financially for his wife? The question is controversial. Even more controversy arises if we're talking about about ex-husband and wife.

The norms of Russian family legislation state unequivocally - it should. Of course, subject to certain conditions, which will be discussed in this article.

Is a common-law wife entitled to alimony?

When saying that a man is obliged to pay alimony to his wife on maternity leave (former or current), the law means the wife with whom the marriage is (or has been) officially registered.

Unfortunately for the common-law wife (and perhaps fortunately for common-law husband), payment of alimony to a woman with whom the man is not married is not provided. Only the “official” wife has the right to this. In which cases we will consider below.

Alimony for wife during marriage

If mutual understanding reigns between husband and wife, the issue of each of them’s contribution to the financial support of the family does not become a problem - everyone fulfills the agreed upon and assumed responsibilities.

According to Article 89 of the RF IC, spouses are obliged to support each other financially.

But situations are not so rare when a man cannot or does not want to financially provide for his family - his wife and children. Even in such a critical situation, when a common child is born, the mother is on maternity leave and cannot work, and the size child benefit, as is known, more than modest, husband and father is often removed from fulfilling his moral and legal duties.

A woman should not put up with this state of affairs. After all, the law provides for the right to alimony not only for the child, but also for the wife.

Therefore, in the event of a dispute, it is necessary to ensure that the husband fulfills the obligations imposed on him by law in court.

In what cases does a husband pay alimony to his wife?

A wife has the right to demand alimony from her husband for her maintenance in the following circumstances (Article 89 of the RF IC):

• The marriage between wife and husband is officially registered;
• The wife is disabled and needs help material support
• The spouse is pregnant;
• The wife is caring for a common child, whose birth has not passed 3 years;
• The wife takes care of their shared disabled child, who is not yet 18 years old. At the same time, she was recognized as in need of financial assistance;
• Wife takes care of a disabled child Groups I-II, regardless of the child’s age. And she is in need.

Let us take a closer look at the most common grounds for a wife to receive financial assistance from her husband.

Alimony for pregnant wife

A pregnant woman can turn to a man for financial support in the form of alimony, regardless of whether they are actually married or already divorced. The main condition is that the woman bears a child in common with the man. At the same time, a pregnant woman not required to prove the need for financial support. Help from medical institution about pregnancy is already a basis for collecting alimony.

To establish paternity in Russian legal practice, the so-called “300-day law” is used. According to Art. 48 of the RF IC, the parents of a child born in marriage or within 300 days after a divorce (or recognition of the marriage as invalid) are a husband and wife. The paternity of a child is established on the basis of a marriage (divorce) certificate.

What if the future dad has doubts? It will help to confirm or dispel them genetic examination- establishing paternity. No one is obliged to support a woman who is expecting a child from another man (and the child himself, whose paternity has not been confirmed in court).

How much alimony will a pregnant wife receive from her husband?

The legislation does not provide clear guidelines regarding the size cash assistance pregnant wife from her husband. According to Article 91 of the RF IC, married couple Maybe ….

• independently agree on an acceptable amount: orally or in the form of a written and notarized agreement;
• If there is no agreement, go to court with a claim to recover maintenance. When considering a case in court, factors such as material and Family status men and women, the need for financial support and the ability to provide it.

According to Article 91 of the RF IC, alimony is paid to the wife in a fixed amount of money.

Alimony for spouse on maternity leave

State benefits for pregnancy and childbirth, as well as benefits paid during the period maternity leave, do not cover the needs of mother and child. Therefore, the legislator provided additional method protection of motherhood and childhood.

The husband and father are obliged to support the mother of the joint child during the period from his birth to three years inclusive. If - payments are due until the child reaches adulthood, and if the child is a disabled child of the first group, alimony is paid indefinitely.

How much alimony is due to a wife on maternity leave?

How much money can a young mother expect?

According to Art. 91 of the RF IC, alimony for a wife who is on maternity leave or leave to care for a newborn child is paid monthly, in a fixed amount. But the law does not contain any mention of the exact amount of alimony for the maintenance of a spouse on maternity leave. Therefore, determining the exact amount of monthly maintenance rests with...

• on the newly made parents themselves - by reaching a peaceful agreement: verbally or in writing;
• to the court - if an agreement between the mother and father is not reached or is not respected.

The court will assess the mother's need for financial support, take into account the life circumstances of the material and family character(for example, extremely small “children’s” benefits, lack of other sources of income, the need for expensive treatment or rehabilitation, the presence of several children). Having established the mother’s real need for material support, as well as the father’s financial capabilities, the court will oblige the father to make monthly payments in a fixed amount, the amount of which will be correlated with the cost of living in the region.

Alimony to wife after divorce

Getting help from your husband after a divorce is much more difficult than in marriage. And if a woman still requires payments for the maintenance of children, then for her own maintenance, even if there is legal grounds– requires extremely rarely.

But according to the law, ex-wife also has the right to receive financial assistance from her husband. Let us consider in more detail in what cases and under what conditions.

Grounds for paying alimony to an ex-wife

In addition to the reasons listed above for receiving this assistance (pregnancy, being on maternity leave for a child up to 3 years old, on leave to care for a disabled child up to 18 years old, on leave to care for a disabled child of group I - indefinitely) the law (Art. .90 RF IC) provides a few more reasons:

• The wife became disabled (disabled group I or II) while still married or within 1 year after divorce and needs financial assistance.
• The wife reached retirement age 5 years after the divorce, if the spouses for a long time lived in marriage. At the same time, the wife was recognized as needy.

Terms of payment of alimony to ex-wife

The grounds listed in the law that give a wife the right to alimony from her husband presuppose two conditions: incapacity and need.

• Neediness- This financial situation, in which income (both wages and government benefits) is not sufficient to cover basic vital needs. In each specific case, the court determines the degree of need based on life circumstances.
• Disability, as one of the conditions that gives a wife the right to alimony from her husband is a health condition in which the wife is unable to work and earn an income. This includes: pregnancy, disability of group I or II, retirement age.

The ex-wife has the right to alimony when these conditions are combined - disability and need.

It must be said that disability and neediness are not always interconnected. For example, a disabled wife may be the owner own business and have income that fully covers her needs. Or, conversely, a healthy and young woman may need financial assistance from her husband, having every opportunity to independently provide for her needs - in this case, she has no right to alimony.

Proving need and incapacity for work is only necessary if the wife is disabled! Alimony for a wife on maternity leave and during pregnancy, while caring for a common disabled child under 18 years of age and a disabled child from childhood is paid regardless of need and disability.

Alimony to the wife of a disabled person and a pensioner

So, according to paragraph 1 of Art. 90 of the RF IC, if the ex-wife...

• lost her ability to work and became disabled during her married life or during the first year after divorce,
• reached retirement age within five years after the divorce, if married life was long

... she has the right to receive maintenance from her ex-husband.

How much alimony will a disabled wife and a pensioner receive from her husband?

A disabled ex-wife or a pensioner can achieve payments in two ways (according to Article 90 of the RF IC):

• Reach a peaceful agreement with your ex-husband: verbally or in writing;
• By filing a claim in court - if the former spouses cannot themselves determine the amount of alimony acceptable to both of them, or if the agreement reached by the ex-husband is not fulfilled.

Neither for the first nor for the second method of collection the law determines the minimum or maximum amount monthly payments. The amount of alimony is set at a fixed amount and depends on specific circumstances. The decisive factors will be the very need and inability to work, which must be proven in court, as well as the husband’s ability to support his wife. The court will analyze the age, state of health, financial situation, family circumstances of the woman and man, and then set a fixed monthly amount of alimony payment. As a rule, the court focuses on indicator of the cost of living in the region of residence of the woman.

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

The law provides for circumstances in which a husband may be exempt from paying alimony or may receive a restriction in paying alimony to his wife. This…

1. Short period of marriage. Specific date not provided for by law, the court determines it based on the circumstances;
2. Unworthy behavior of the wife in the family (for example, neglect of her marital responsibilities, rudeness or inattention to her husband and children, adultery, immoral lifestyle, alcohol or drug abuse, etc.);
3. The onset of the wife's incapacity to work due to her own fault (for example, due to alcohol or drug abuse, committing a crime).

It should also be said that the wife’s right to receive alimony from her husband terminates if she enters into a new marriage.

In addition, regardless of the circumstances giving the right to alimony, a husband is obliged to support his wife only if he has such an opportunity. The lack of official income removes this responsibility from the husband - it will be difficult for the wife to get help, even if she knows about decent unofficial earnings.

Voluntary procedure for obtaining alimony for a wife from her husband

Spouses have the right to enter into an alimony agreement, which will stipulate all the conditions for the husband to pay alimony to the wife. This is provided for in Art. 91 RF IC.

It is also allowed oral form agreement, but in this case there are no guarantees of its implementation and no legal methods of forced collection of the due amounts. Therefore, it is so important that the agreement be drawn up in writing and certified by a notary - then it acquires the legal force of a writ of execution.

The alimony agreement must indicate:

1. Information about the parties: full name, date of birth, passport details, place of residence and permanent registration;
2. Reached agreements:

• On what basis is alimony paid?
• payment terms (indefinitely or within an agreed time period),
• accurate fixed amount payments, payments
• frequency of payments (for example, weekly, monthly, quarterly),
• payment method (cash or bank transfer);
• additional conditions;

1. Date of;
2. Signatures of the parties.

How to file for alimony for wife maintenance?

If the husband cannot agree on voluntary maintenance of his wife, he will have to go to court.

Procedure

The algorithm of actions is simple:

1. Find a lawyer who will support you, answer questions, and give specific advice. This will give you confidence. On our portal, legal advice is provided free of charge;
2. Prepare a statement of claim (ready-made sample - you will find below);
3. Collect documents that will help you convince the court that for good reasons you cannot work and need financial support from your husband;
4. Submit documents to the court. By general rule such cases are heard in the magistrate's court at the defendant's place of residence. But if you are a mother with whom minor children live, or your health condition does not allow you to attend court at the defendant’s place of residence, you have the right to file a claim at your own place of residence (according to Article 29 of the Code of Civil Procedure of the Russian Federation);
5. Expect notification from the court about the date and location of the court hearing;
6. Take part in court hearings (or file a petition to have the case considered without your participation). If you cannot appear on the appointed day, notify the court and ask to postpone the court hearing;
7. Receive a court decision and writ of execution;
8. Bring the writ of execution to the SSP and open enforcement proceedings for the forced collection of alimony.

Statement of claim

You can draw up a claim yourself, without the help of a lawyer, if you study the recommendations below and use the sample. Adhere to a restrained, formal business style of speech. State the circumstances of the case briefly, clearly, concisely, referring to the documents attached to the claim and relying on the provisions of the law.

1. Name of the judicial authority;
2. Details of the plaintiff (full name, residential address, contacts);
3. Details of the defendant (full name, residential address, contacts);
4. Document title: Claim for alimony;
5. Statement of the circumstances of the case and the grounds for receiving alimony:

• date of marriage and/or divorce, duration of married life,
• presence of children (indicating their full name, date of birth, place of residence, health status, disability);
• information about pregnancy or being on leave to care for a child under 3 years old, a disabled child under 18 years old or indefinitely;
• information about your own state of health and disability, reaching retirement age;
• information about income and need (need for food, payment for medicines and medical services, payment of utilities);

1. Rationale claims on the collection of alimony, reference to articles 89-91 of the RF IC;
2. Claims: to recover alimony from the defendant for the maintenance of the plaintiff;
3. List of attachments to the claim;
4. Date of filing the claim;
5. Signature.

Documentation

All circumstances that are directly or indirectly mentioned in the claim must be documented (in accordance with Article 132 of the Code of Civil Procedure of the Russian Federation). Therefore to statement of claim You need to attach the following (or others, depending on the circumstances) documents:

• passport;
• marriage or divorce certificate;
• child's birth certificate;
• certificate from the housing authority cohabitation with baby;
• certificates of income (wages, pensions, child care benefits, disability benefits);
• certificates about the husband’s income, about the presence of deductions from income;
• medical certificates about the state of health and disability (MSEC conclusion);
• pensioner's ID;
• other documents - depending on the circumstances.

Procedure

At the court hearing, the court will consider the claim and the documents attached to it, and will listen to the parties - the potential recipient and the payer of alimony. If necessary, request additional documents or other evidence (for example, witness statements). The parties have the right to file motions.

The defendant may file a counterclaim.

Until the court makes a decision, the parties can reach a truce and enter into a settlement agreement. If it does not contradict the law or violate the rights of one of the parties, the court will approve it and give it the force of an executive document.

If a settlement agreement is not reached, after a comprehensive examination of the case, the court makes a final decision.

Deadlines

The duration of consideration of the case in the magistrate's court is 1 month. Another 1 month is the period for the court decision to enter into legal force.

But to collect alimony, it is not necessary to wait for the court decision to enter into force - as an exception, such court decisions are subject to immediate execution. Consequently, immediately after a positive court decision is made and the writ of execution is received, the wife must go to the bailiff service and file an application for forced recovery from her husband of the sums of money awarded to her.

How soon can a wife expect to receive alimony? Depending on the quality – within 1-3 months after application.

Expenses

According to paragraph 14, paragraph 1, Article 333.19 of the Tax Code of the Russian Federation, when filing a claim for alimony payment, a state fee is paid, the amount of which is is 150 rubles (or 300 rubles - if alimony is collected simultaneously from the child and the mother).

But according to Article 89 of the Code of Civil Procedure of the Russian Federation (with reference to Article 333.36 of the Tax Code of the Russian Federation), the plaintiff who collects alimony is exempt from paying state duty. Payment of the state duty will be assigned to the defendant if the court satisfies the claim.

Additional expenses - assistance from a lawyer in preparing a claim and collecting documentation, payment for legal support, notary services (certification of documents or execution of powers of attorney). Postage and technical costs may also apply.

Amount of alimony

The amount of alimony that the husband is obliged to pay to his wife is determined by the court, taking into account all the circumstances of the case. The court takes into account:

• Age and health status;
• Social and financial situation (presence of a permanent job, amount of income, presence of other obligations and debts);
• Marital status (presence of children, dependents, spouses)
• Duration of marriage before divorce;
• Other additional circumstances.

IN court decision indicates a fixed amount of alimony that the husband is obliged to pay to his wife monthly. This amount must cover the wife's basic needs, taking into account other income (wages or government benefits). As a rule, its size varies from several hundred to several thousand rubles.

The procedure for forced collection of alimony

Alimony to the wife, the payment of which is determined by the court, is collected with the help of the bailiff service . Having received a court decision and a writ of execution, the wife can apply to the SSP with an application to open enforcement proceedings.

The alimony agreement is also an executive document. If its conditions are not fulfilled voluntarily, the wife can apply to the SSP with a demand to open enforcement proceedings and compulsory collection of alimony.

At my husband’s place of work (from wages) or territorial body social protection(from a pension or benefit), in the amounts specified in the executive document from wages. The required amount is transferred to the recipient by the accounting department.

Legal assistance

The main difficulty in such cases is the lack of coverage in the legislation. The courts are guided primarily by established practice. Therefore, one case can be considered from different positions. It is very important to prepare a strong evidence base and correctly draw up a settlement agreement/statement of claim. This is where the first difficulties arise. It is beneficial for husbands to underestimate their income, while wives try to collect more alimony. The result is going to court and unnecessary expenses.

We strongly recommend that you do not rush to go to court, but contact a lawyer. Our portal experts provide free online consultations on alimony issues. If you encounter a difficulty, describe it to a lawyer and ask for advice. The specialist will issue a legal opinion and advise on the best course of action - develop a settlement agreement or go to court. In addition, the lawyer will tell you how to collect evidence and where to apply for necessary certificates. As practice shows, help may be needed not only by recipients, but also by alimony payers. A timely contact with a lawyer will help resolve the dispute in full accordance with family law!

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The concept of “alimony” is most often associated with payments for child support by a father who left the family. At the legislative level, this concept is much broader. It involves payments from one family member to others who are in need and have filed an application for it in court. Among other things, a citizen’s ex-wife can file a claim for her maintenance.

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What is the procedure

Not every spouse can qualify for alimony. There are certain conditions, subject to which the court will make an appropriate decision.

Judicial order

The case of paying alimony to the ex-wife is considered in court if the plaintiff files a lawsuit demanding that her ex-husband pay alimony for her maintenance. The claim must contain a description of the grounds on which she has the right to maintenance: disability, retirement age, pregnancy, caring for a young child, etc. The plaintiff’s demands must be supported by supporting documents.

The court accepts the claim if the application contains the necessary provisions according to the law. The main factor for its consideration is supporting documents.

If they exist and correspond to the content of the claim court hearing happens without delay. The court makes a decision on the need to pay alimony and announces its amount.

Package of documents

Scroll mandatory documents, attached to the claim:

• certificates of marriage, its dissolution, birth of common children;
• certificate of income of the plaintiff.

Depending on the circumstances, other documents are provided:

• medical certificates: about pregnancy, about the disability of the plaintiff or child, about incapacity for work;
• pensioner's ID.

In turn, the defendant can provide documents that will relieve him of his obligations to support his wife:

• on registration in narcology;
• confirmation of criminal prosecution.

The list of documents may vary, depending on the specific situation.

When can they be forcibly appointed?

Forced assignment of alimony to a former spouse is possible if there is a claim on her behalf in court. The court takes into account the requirements set out in the application and, in most cases, makes a ruling in favor of the plaintiff if the documents she provides comply with the requirements of the law.

The defendant's reluctance to make payments is not considered by the court.

From the moment the resolution is issued, the bailiff service takes control of payments. If arrears arise, the alimony recipient will face legal proceedings.

Suspension of funds transfer

The law provides that the payment of alimony may be suspended or terminated under certain conditions:

• end of parental leave;
• official marriage of the ex-wife;
• the death of one of the parties.

Cases when the amount of payments is reduced or terminated at the request of the payer:

• the disability of the alimony recipient was due to alcohol abuse;
• been married for less than 1 year;
• inappropriate behavior of a woman: drunkenness, cruel treatment with children, committing criminal acts.