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Application form for alimony without divorce. Is it possible to apply for alimony during marriage without a divorce? How to receive alimony payments
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In our country, the concept of alimony for a child and wife only means payment for child support. Sample statement of claim for alimony without divorce. If the husband refuses to financially support his wife and child, he should file an application for alimony without a divorce. Alimony for wife maintenance legal consultation144. NO FUCK! ! ! ! Family law imposes a mutual obligation on spouses to financially support each other. Sample statement of claim for divorce and collection of child support to a magistrate
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Sample application for alimony without divorce. A sample statement of claim for the recovery of alimony in the case where the married spouse does not voluntarily fulfill the responsibilities of supporting the child. In this case, you need to know what a sample application for alimony without divorce looks like and how to do it correctly. The procedure for filing an application for alimony without a divorce is the same as for alimony after. My husband and I have been divorced for 5 years and we have a child, can I apply for alimony for myself until 3. But with the maintenance of children, not everything is going so smoothly and the child’s mother has to
I want to apply for alimony with my husband, who is already divorced, we have 2 children, tell me for what part. How to file an application for child support without divorce. Completed sample application for alimony for wife support. How to write if the spouse already pays child support to his ex-wife and with us. Sample application for alimony for the maintenance of wife and child. And the wife can demand alimony
Alimony for the maintenance of a wife in a divorce is assigned only on the condition that the child was born no later than 300 days from. If the father refuses to help the mother and child voluntarily, a monetary penalty may be imposed. Sample application for alimony without marriage. Samples and templates of applications to the court for collection. Alimony for the maintenance of the wife De jure the married couple must provide mutually. I ask you to collect alimony from the defendant in my favor for the maintenance of our child.
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. If after reading the article you still have questions, please contact the lawyers of our portal for a free consultation.
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?
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) is...
- 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:
- Conclude an agreement.
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.
- File a lawsuit.
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.
Difficulties may arise in the legal process if the parent does not have special legal knowledge. Below we will present the application form and an approximate list of documents required for filing with the court, and will also tell you about the procedure for enforcing a court decision. 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.
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 a 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
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 formulate the essence of the requirement clearly and clearly, 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).
Approximate list of documents to submit to court, next:
- 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 funds, 3-NDFL tax returns.
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).
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 against the court decision. 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.
Alimony is one of the forms of material support for socially vulnerable segments of the population from able-bodied relatives. These are those who, for objective reasons, cannot independently ensure a normal level of well-being for themselves. These segments of the population include disabled people, elderly people, and minor children.
As a rule, alimony payments are awarded after a family breakdown. But sometimes there are cases when one of the spouses ceases to take part in the maintenance of children, nominally remaining married. In this case, the law provides for the possibility of filing an application for alimony without a divorce.
Legal regulations in no way link the purpose of alimony payments with the fact that the payer or recipient is officially married. That is, a change in their marital status does not directly affect the order and amount of payments. They may be legally married, divorced, or remarried. In any case, the obligation to pay accrued alimony is not removed from them.
Article No. 89 of the Russian Family Law (SKRF) regulates the conditions for processing payments without prior divorce, and also specifies the circle of persons entitled to receive them. In this case, the following have the right to receive support from the second spouse:
- Minor children together.
- Pregnant wife.
- A spouse who is forced to independently raise a young child up to three years old.
- A spouse who single-handedly cares for a disabled child until he or she reaches the age of majority.
- A spouse caring for a group I disabled child. In this case, the age of the child does not matter - the second parent is obliged to take financial participation in his maintenance even after 18 years of age.
- A disabled spouse experiencing financial difficulties.
Accordingly, a wife who has a young child in her arms can demand from a negligent husband maintenance not only for the baby, but also for herself. In this case, it does not matter whether the spouse lives with the family or not - the basis for filing a claim is the fact that he does not participate in the financial support of the child.
One of the significant gaps of the SKRF does not allow a husband who has a small child (up to 3 years old) to demand alimony for his maintenance from a negligent wife. This is impossible even if the man cannot, due to the need to raise a newborn, get a permanent job. The law in this case only provides for the recovery of payments from the woman directly to the child.
It is also sometimes advisable to apply for alimony without waiting for the start or end of the divorce process. For example, when the wife has concerns that the husband may attempt to hide income, or when the divorce procedure is delayed indefinitely. In this case, the legal process can drag on for months, and the newborn and the woman caring for him need money every day.
Sometimes the court, after considering the petition of the plaintiff, may refuse to accrue alimony payments. This can happen if the husband does not provide child support for the following reasons:
- Temporary loss of ability to work.
- Job loss.
- Receiving disability, as a result of which he cannot get a job.
- Low income level for men.
If the wife has a fairly large salary or other income - from her own business, rent - and the husband’s income barely reaches the subsistence level, the court has the right to refuse to satisfy her claim.
In some cases, spouses use not entirely legal schemes - filing for alimony without getting a divorce on a fictitious basis. For example, a male payer remarries and has a child in his new marriage. In this case, by law he has the right to, but only if his level of income does not allow him to provide normal maintenance for a newborn and a new wife.
But if a man’s income makes it possible, even after paying alimony, to provide the legal minimum subsistence level for a new family, he will be denied a reduction in monthly payments. Then the new wife, by mutual agreement, files for alimony under the fictitious pretext of the husband’s failure to fulfill his obligations to support the newborn. This allows you to leave more money in the family, since part of the payments will go to the family budget in the form of fictitious alimony.
It is advisable to use such a scheme if the husband, according to the writ of execution, is obliged to pay the maximum allowable rate - 50% of his income. For example, for the maintenance of 3 children, or 2 children and a disabled ex-wife. Otherwise, the amount of payments will simply be increased to 1/3 or ½ of his salary. Such a scheme is illegal from a legal point of view, but in practice it is almost impossible to convict spouses of deception - to do this, it will be necessary to prove that the husband actually participates in the maintenance of the newborn to the fullest extent.
- Voluntary.
- Forced.
In the first case, the spouses amicably agree on the procedure and amount of payments. At the same time, the husband transfers the agreed part of the salary to his wife’s account, or gives it to her against a receipt. This option, despite its voluntary nature, still needs to be registered by a notary. This is necessary if in the future the husband suddenly stops paying money to support the child, or the wife begins to deny the existence of an agreement on a certain amount of contributions.
The second option involves submitting alimony to the court from the husband/wife. The judicial procedure can be carried out according to a simplified, order, scheme, or in a lawsuit. The court order is drawn up without the personal presence of the parties and is sent to the spouses by registered mail. The only condition is that both interested parties agree to a simplified procedure for considering the case. If the husband expresses written disagreement with the judge's order, the order is automatically canceled.
When there is no agreement between the spouses regarding the calculation and payment of child support, it is necessary to resort to a more complex legal procedure. It provides for an adversarial nature, that is, each party provides the judge with evidence confirming its case. After considering the arguments of both interested parties, the judge makes his verdict - to satisfy or reject the claim.
The application is submitted by the plaintiff to the magistrate's court at the place of his registration. If the second spouse is registered at a different address, then it is possible to choose to file an application with the court at the place of his registration. The sample application for alimony in marriage is practically no different from a similar sample about.
It contains the following information:
- Name of the judicial authority.
- Personal information, address and contact numbers of both the plaintiff and the defendant.
- Information about dependent children together.
- The essence of the claims against the defendant. Here it is necessary to clearly, but preferably briefly, describe the current family circumstances.
- Information about the husband’s income and his place of employment.
- Please collect from your husband a certain amount (in percentage or monetary terms) in the form of alimony payments.
- Personal signature of the applicant and date of application.
All necessary documents confirming the legitimacy of the plaintiff’s claims must be attached to the application. General list of documentation that may be required during legal proceedings:
- Applicant's passport.
- Certificate of marriage with the defendant.
- Certificates for joint minor children.
- Certificate from the housing administration about family composition.
- 2-NDFL from the place of work of both parents about the amount of their income. If both or one of the spouses does not work - certificates of the amount of other accruals (pension, benefits, rent payments, etc.).
You can also provide other documents that directly or indirectly indicate that the spouse is evading his parental responsibilities.
Witness testimony confirming the fact that the husband/wife lives separately, or his antisocial lifestyle (alcoholism, drug addiction) will not be superfluous. The court's order will have the same legal force as a verdict on the collection of alimony payments after a divorce.
How to apply for alimony?
Nadezhda Vladimirovna
APPLICATION FOR ALIMONY IN MARRIAGE
To the magistrate of court district No. __
(name of location area) (full name)
Plaintiff: (full name, address) __________________________
Defendant: (full name, address) _______________________
STATEMENT OF CLAIM FOR COLLECTION OF ALIMONY FOR A CHILD (CHILDREN)
“___”________ 20__ I married (full name) and lived with him until “___”___________ 20__. The marriage was registered in (name of the registry office). From marriage we have children: (names and dates of birth of children). The children are completely dependent on me. The father does not provide any financial assistance for the maintenance of his children.
Based on the above and in accordance with Art. 80, 81 of the RF IC, I ask: to collect from (full name) residing at _____________________________________________, in my favor, child support in the amount of _______________ part of all types of earnings monthly, starting from the date of filing the application until they reach adulthood.
Application:
1. A copy of the certificate of marriage and divorce (if it is already
terminated).
2. Copies of children's birth certificates.
3. Certificate from the housing authority confirming that the children are dependent on the applicant.
4. Certificate from the place of work of the person obligated to pay alimony regarding the amount
salaries and deductions.
5. Copy of the application.
Date_________________ Signature ______________________
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As already mentioned, if one of the parents does not provide financial support, it is not necessary to create scandals, threaten divorce or dissolve the marriage: it is enough to submit an application for alimony without a divorce for the court to oblige the parent who is evading parental duty to provide for his child. It should be noted that in such a situation, the amount of alimony provided by law is equal to the amount of alimony that is assigned after a divorce: a quarter of earnings for one child, a third for two, half for three or more children. Of course, if divorcing spouses enter into an agreement on alimony, they themselves determine the amount - the amount may even be greater than that determined by law.
It is important to say that not only the child has the right to alimony, but also the spouse - until the child reaches three years of age, she has the right to receive alimony. This is how the law protects mothers - most of them cannot work while the child is small, because he needs to be constantly looked after. If the husband refuses to financially support his wife and child, an application for alimony should be drawn up without a divorce, because by law the husband must provide financial assistance to both the wife and the child. And if he does not do this, he violates the rights of a minor child and his wife.
In order to apply for alimony without a divorce, you must provide some documents: the child’s birth certificate, marriage certificate, passport, income certificates, etc. The application should indicate that the spouse does not provide adequate financial support.
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Catherine
Hello! To submit an application to the court, you must have the following documents and their copies:
marriage certificate (copy);
child's birth certificate (copy);
receipt of payment of state duty;
other documents: certificates of income, place of residence of the child, health status.
In the application itself, it is necessary to write the essence of the request: “I ask you to collect from the defendant alimony in my favor for the maintenance of our child in the amount of 25% of all types of earnings monthly, but not less than 10 thousand rubles (the amount indicated is conditional) monthly, until the child reaches the age of majority.”
If we are talking about alimony for both a needy spouse and a child, then two statements of claim are filed.
If the claim is satisfied, alimony will be calculated from the date of its filing.
If official earnings are stable and correspond to actual income, it is reasonable to request alimony as a percentage of income. When real earnings are higher than declared, it is recommended to ask the court to assign alimony in a fixed amount.
If there is documentary evidence that the alimony intended for the child is spent on other purposes, the court may allow half of the monthly amount to be transferred directly to the child’s personal account at a bank institution.
Good luck to you!
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Nadezhda Vladimirovna
Yes, it is possible to receive alimony without a divorce. This possibility is provided for by the RF IC, Section V. Chapter 13 is devoted to the alimony obligations of parents and children. Chapter 14 – alimony obligations of spouses and former spouses.
In Art. 80 of the RF IC states the obligation of parents to support minor children. If this obligation is not fulfilled by one of the parents, then the parent who has taken upon himself the upbringing and maintenance of the child may demand in court the recovery of alimony for a minor child or a disabled child (Article 85). The amount of alimony is discussed in Art. 81-83.
In Art. 89 “Responsibilities of spouses for mutual maintenance” defines a list of persons entitled to alimony in the event of the second spouse’s refusal to support them financially. In the absence of an agreement, alimony can be demanded in court by:
- needy disabled spouse;
- wife during pregnancy, and the next three years from the birth of their common child;
- a spouse caring for a common disabled child until such a child comes of age, or a common disabled child of group I childhood - for life.
Thus, the legislation clearly defines the possibility of receiving alimony for both the child and the needy spouse without divorce.
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An application for alimony can be filed both during the marriage and after its dissolution. Alimony is calculated as a percentage of the income of one of the married persons, or as a fixed amount of money due by law to minor children or one of the spouses after divorce or during marriage.
Alimony can be paid voluntarily or by order of the court, which can make a decision to collect alimony based on the spouse’s claim.
Today it is not uncommon for a spouse to evade paying alimony, change place of residence, present certificates of minimum income, the amount of deductions from which is not enough to support the child for several days
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The legislation determines the possibility of receiving alimony for both the child and the needy spouse without divorce. In Art. 89 “Responsibilities of spouses for mutual maintenance” defines a list of persons entitled to alimony in the event of the second spouse’s refusal to support them financially. In the absence of an agreement, the following may demand alimony in court: a needy disabled spouse; wife during pregnancy, and the next three years from the birth of their common child; a spouse caring for a common disabled child until such a child comes of age, or a common disabled child of group I childhood - for life. To submit an application to the court to collect alimony from the defendant, you must have the following documents (originals and copies):
- Marriage certificate;
- child’s birth certificate;
- other documents (certificates of income, place of residence of the child, state of health).
Good answer Bad answer
You can contact the magistrate of the area where you live (registered). The law allows this. You can apply for a court order (if there are no questions about establishing paternity). You can file a claim for alimony. You are exempt from paying state duty. Article 81. Amount of alimony collected for minor children in court 1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three and more children - half the earnings and (or) other income of the parents. 2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances. Article 89. Responsibilities of spouses for mutual maintenance 1. Spouses are obliged to financially support each other. 2. In the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the following have the right to demand the provision of alimony in court from the other spouse who has the necessary means for this: a disabled spouse in need; wife during pregnancy and for three years from the date of birth of a common child; a needy spouse caring for a common disabled child until the child reaches the age of eighteen or a common disabled child from childhood of group I. Article 91. Amount of alimony collected from spouses and former spouses in court In the absence of an agreement between spouses (former spouses) on the payment of alimony, the amount of alimony collected from a spouse (former spouse) in court is determined by the court based on the financial and marital status of the spouses (former spouses) and other worthy interests of the parties in a fixed sum of money payable monthly. Required documents: marriage registration certificate, child birth certificate. As for evidence of lack of maintenance, you can write a letter to your spouse asking him to pay you alimony, indicating your account for transferring money. And then take your account statement.
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Nadezhda Vladimirovna
If the spouses cannot come to an agreement on the material obligations of one of the spouses in relation to a needy partner or a minor child, it is necessary to file a claim for alimony.
To submit an application to the court, you must have the following documents and their copies:
- marriage certificate (copy);
- child’s birth certificate (copy);
- receipt of payment of state duty;
other documents:
- income certificates;
- place of residence of the child;
- state of health.
When deciding on the amount of alimony, the court takes into account the health status of the needy spouse or child who is entitled to alimony. In addition, the court considers the defendant’s income level, his state of health and whether he has other dependent children.
Depending on the stability of earnings, the court decides to award a certain percentage of earnings (Article 81), or alimony in the form of a fixed amount (Article 83).
Good answer Bad answer
You can contact the magistrate of the area where you live (registered). The law allows this. You can apply for a court order (if there are no questions about establishing paternity). You can file a claim for alimony. You are exempt from paying state duty. Article 81. Amount of alimony collected for minor children in court 1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three and more children - half the earnings and (or) other income of the parents. 2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances. Article 89. Responsibilities of spouses for mutual maintenance 1. Spouses are obliged to financially support each other. 2. In the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the following have the right to demand the provision of alimony in court from the other spouse who has the necessary means for this: a disabled spouse in need; wife during pregnancy and for three years from the date of birth of a common child; a needy spouse caring for a common disabled child until the child reaches the age of eighteen or a common disabled child from childhood of group I.
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Apply for the collection of alimony without divorce to the Magistrates' Court. Child's birth certificate, marriage certificate, salary certificate.
You can apply for alimony without a divorce in situations where one of the spouses does not fulfill his obligations towards the child. The fact that you are married does not prevent your wife from filing a claim in court to collect alimony. If there are no disputes between you, the spouses can independently draw up an agreement and stipulate the required amounts in it. But for the contract to have legal force, it must be officially certified by a notary. If you still want to collect alimony through the court. Then let your wife apply in the general manner.
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