Alimony for the maintenance of a pensioner's wife during a divorce. Recovery of alimony in a divorce

More and more often in real life there are alimony for the spouse. Do they need to be paid at all? When can a wife demand money for her maintenance? In what sizes? Is there any way to avoid paying child support? The answers to these questions will surely be found below. In fact, everything is not as simple as it seems. After all, a family is a responsibility. Not only for myself and the child, but also for the spouses.

Right to Content

Does the wife have a right to alimony? Can she, under any circumstances, demand money from her husband?

Husband and wife are required by law to support each other. The Family Code provides for a mutual solution of financial and domestic issues. But under certain circumstances, you will have to fully support your spouse.

This means that wives have the right to alimony for themselves. But only if certain conditions are met. An able-bodied woman cannot demand money for her needs just like that.

Civil marriage

But there are always exceptions. Relationships are different. Some couples choose not to tie the knot legally. In this case, the spouse is not entitled to alimony. The thing is that the so-called civil marriage (cohabitation) has no legal force. Alimony for a common-law wife (or husband) does not need to be paid under any circumstances. Maintain a child - yes, but not a second spouse.

This means that in order to collect alimony, you must be married. Or divorce a potential payer. Former spouses can also apply for financial support.

marriage and money

Alimony for a wife in marriage is a fairly common picture. In Russia, it is gaining momentum. A woman, as already noted, has the right to financial support from her official husband.

This means that marriage does not remove maintenance obligations from citizens. If, while there are grounds for financial support, the spouse still refuses to support his wife (or child), it is allowed to call him forcibly to provide for the family. Divorce is not required.

Grounds for alimony in marriage

Child support and wife support must be paid. An able-bodied man is obliged to support his disabled family members. In our case, we are talking about wives and children.

A spouse is entitled to marital support in the following cases:

• The woman is disabled (2 or 1 group).
• At the time of admission, she was pregnant.
• The family has a common child under 3 years of age.
• A woman takes care of a disabled child.
• Provides care for an adult child with a disability since childhood, having 1 disability group.

In all of these cases, alimony for the spouse can be assigned in court. But experts recommend peacefully resolving such issues. Unfortunately, this is not always possible.

The end of the relationship

Some men believe that dissolution of marriage completely frees them from the family burden. But it's not. The Family Code indicates that even after divorce, husband and wife, under certain circumstances, have obligations to each other. Alimony for the spouse after the dissolution of the marriage can be appointed by the court. One of the following situations can serve as the basis:

• The ex-wife is pregnant.
• The wife is on maternity leave.
• The wife needs and cares for a disabled child.
• The former spouse has the status of disabled, provided that it was received in marriage or within 12 months after its dissolution.
• The woman is a pensioner (no more than 5 years must pass from the moment the relationship broke up).

It is important to bear in mind that the judiciary usually examines the duration of the relationship. If the husband and wife have been married for a long time, then spousal support is usually assigned. In a short-term relationship, the court, as a rule, releases the spouse from maintenance obligations in relation to the spouse.

A marriage of less than 12 months is considered short-term. Long-term relationship lasts more than 5 years. The gap between 1 and 5 years is a marriage of medium duration. In this case, the court will thoroughly evaluate all the factors in deciding alimony issues.

Payouts

The next important nuance is the amount of material support. Many are interested in what percentage of alimony for a wife is. After all, in the case of financing minor children, everything is extremely simple and clear. With spouses, the situation is somewhat different.

It is difficult to answer how many percent of the alimony for the wife will be. The thing is that the court will make a decision regarding the material support of the spouse after studying the submitted papers with calculations. Usually the payment is assigned in a fixed amount of money. The amount of alimony depends entirely on the degree of need of the wife.

Ways of evasion

Is there any way I can avoid paying my ex or current spouse? It is this topic that worries many men. Especially those who have recently severed official relations. Yes, in certain situations, you can avoid child support, but not for children. Spouse support has many features. And they need to be taken into account.

Spousal support may not be paid if:

• the child (total) is over three years old;
• the husband does not refuse to support his wife and regularly allocates to her a sufficient amount of money;
• the wife cannot prove her need or incapacity for work.

This is not an exhaustive list of cases. There are others in which you can not pay alimony to your wife. For more accurate information, it is recommended to contact a lawyer. Only they can say for sure whether it is possible to refuse to support a spouse in a particular case.

Non-working citizens

Can alimony be collected from a non-working citizen? Often men work informally. Then the family actually has money, but it is impossible to prove their presence or it is very problematic to do so.

Alimony from a non-working husband to his wife is not assigned. In the same way as with a non-working wife. The RF IC states that a spouse can demand funds for his maintenance only when the other half has enough money. In other words, with official employment. If the potential payer has no income, then it is more likely that alimony will not be achieved.

The situation is different for minors. The thing is that in this case, the lack of work is not a basis for evading alimony. Money will have to be allocated for a child under any circumstances.

Reasons for denial of child support

Alimony in marriage is found in Russia more and more often. As practice shows, spouses cannot agree on the financing of the family and resolve such disputes in court. Under certain circumstances, spousal support may be denied. This is possible if:

• the wife came out of the decree and began to work;
• the child (healthy) is over 3 years old;
• the woman remarried.

But that's not all. The real life of the plaintiff and the defendant will also be taken into account. Alimony for the wife is not assigned under the condition:

• inappropriate behavior of the spouse during marriage (treason, cruelty, and so on);
• the presence of an alcohol or drug addiction in the wife;
• committing an intentional crime.

It follows that not always women can claim material support from their spouses. Only the existence of certain grounds for refusing financial support will have to be proved.

Documents for a claim

Alimony for the maintenance of a spouse is usually appointed by the courts. You need to file a lawsuit in the district court. Applicants must bring certain documents with them. It may change depending on the situation.

Nevertheless, most often, in order to bring what you want to life, you will need the following papers:

• applicant's passport;
• a claim with a detailed justification of the appointed alimony;
• marriage certificate (or its dissolution);
• income statements of the plaintiff and the defendant;
• certificate from the place of work of the potential payer (if there is no accurate data on income);
• medical report (on disability, pregnancy);
• birth certificates of all common children;
• documents indicating adopted minors (if any).

In addition, you need to bring any evidence that can indicate the need of the family. These may include testimonials and receipts indicating family purchases. This point should be given special attention. After all, the lack of evidence of the existence of certain grounds for assigning alimony to the spouse is a reason for refusing the claim.

There is no fee for this application. A claim for the appointment of alimony for a wife / husband does not require any additional costs.

Changing payouts

Spouses' financial support is their legal obligation. Alimony for a spouse can be paid:

• by mutual agreement (by oral agreement);
• on the basis of a court decision;
• under an alimony agreement;
• through a marriage contract.

It should be noted that changes in the life circumstances of the payer and the recipient of money affect the amount of payments. Alimony can be reduced or increased, but only if there are grounds for that.

For example, a reduction in payments occurs in the presence of the following circumstances:

• the payer's financial situation has deteriorated sharply;
• the husband lost his job for reasons beyond his control;
• the spouse's marital status has changed;
• children were born;
• a man has dependents in the person of needy disabled parents.

conclusions

In fact, alimony for a spouse is not a fairy tale for negligent husbands. The maintenance of a disabled wife is the responsibility of the able-bodied spouse.

The situation with alimony for his wife is ambiguous. The decision of the court depends on the financial situation of each spouse. Therefore, it is impossible to say exactly when alimony will be assigned and when not. The main thing is that such a measure of support for spouses in Russia takes place.

According to Russian law, married persons are required to support each other. This obligation remains with the spouses and in some cases after the divorce.

Article 90 of the Family Code gives a citizen in need of assistance the right to demand maintenance from his former spouse.

Voluntary support of a person who needs material assistance may be provided by the other spouse under a marriage contract or other agreement between them. In case of evasion from providing such assistance, alimony from the former spouse may be recovered by the court.

When is child support paid?

IN Article 90 of the RF IC cases are fixed when a former spouse in need of assistance has the right to demand alimony from the other spouse. The law defines 4 such cases:

• when the wife is in a state of pregnancy or within three years after the birth of a child;
• if the ex-spouse who needs help is raising disabled child childhood, having the first group of disability, or caring for a recognized disabled child who has not reached 18 years of age, until he reaches the age of majority;
• if the needy spouse unable to work and this disability occurred even before the dissolution of the marriage, or within a year after its dissolution;
• if disability due to health or age has occurred within five years of divorce if the spouses have lived in a registered marriage for a long time.

When considering a claim for maintenance, the court must take into account the financial situation of both spouses, the defendant's other dependents, his health and other circumstances.

Amount of alimony

Alimony for the maintenance of a former spouse in need of assistance must be determined by the court in a fixed amount. The maximum amount of alimony cannot be more than 50% income of the person liable to pay alimony. When calculating, all types of earnings of the defendant must be taken into account:

• basic salary,
• extra income,
• royalties,
• inherited property,
• winnings,
• dividends,
• maintenance and debt obligations.

Exemption from the payment of alimony

The defendant may be exempted by the court from paying maintenance to the former spouse, if the recovery of alimony from him does not allow his financial condition. In addition, the court denies the recovery of alimony to the plaintiff, if

• the applicant's incapacity for work resulted from his intentional crime, his abuse of drugs or alcoholic beverages;
• the marriage of the spouses was short-lived;
• the ex-spouse who applied for alimony behaved in an unworthy manner during the marriage.

When should alimony be paid?

Alimony from the defendant may also be recovered for the past three years, if the plaintiff presents to the court evidence of the defendant's evasion from fulfilling the obligation imposed on him by law.

In other cases, alimony is collected by the court from the day the claim is filed.

Everyone has probably heard about the fact that one of the spouses is obliged to pay alimony for the maintenance of a child after a divorce. But few people know that in some cases the spouse must support not only the child, but also his wife, and for this it is not at all necessary to divorce.

You have the right to sue for the recovery of alimony from your spouse:

• wives who lost their ability to work during marriage (due to disability or other reasons);
• wives who are pregnant or raising a child under the age of three;
• wives who have a dependent child - a disabled person (until he is eighteen years old);
• wives raising a child who has been disabled since childhood (the time frame for paying alimony in this case is not limited).

It should be borne in mind that the wife will receive alimony only if the spouse’s income level allows him to pay them. If the financial situation of the husband is deplorable (his income is less than or equal to the minimum established by law), then it will not be possible to recover alimony for the maintenance of his wife from him.

In addition, the court will take the side of the husband and release him from paying alimony if:

• it will be proven that the spouse became disabled as a result of alcohol or drug use;
• the marriage of the spouses did not last long;
• evidence of the immoral behavior of the spouse that caused the divorce will be presented.

How is child support calculated in a divorce.

When calculating the amount of alimony for the maintenance of the wife, the court is guided by a comparison of the income level of each of the parties, as well as the necessary expenses. So, if the spouse is already making maintenance payments for the child, he has another family in which the child was born or he pays the loan, the court may reduce the amount of payments for the support of the spouse, and in some cases not satisfy the claim at all.

Unlike child support, wife support is paid in a fixed amount of money. Payments are made every month.

How to get alimony for your wife.

To do this, you need to apply to the Supreme Court. In addition to the application, depending on your case, you will need to submit some of the following documents to the court office:

• marriage or divorce certificate;
• documents confirming the income of both parties;
• a certificate from a doctor proving the fact of pregnancy;
• documents for a child under three years old;
• documents confirming the incapacity for work of the wife;
• evidence of the child's disability;
• extract from the house book from the place of registration of the child;
• a medical report stating that a disabled child needs constant care;
• a copy of the wife's passport.

If you are eligible for child support from your ex-spouse, do not delay filing a claim. Litigation is not a quick process. Meetings can be rescheduled, postponed or canceled for a variety of reasons. So it's in your best interest to file for child support as soon as possible. And you should not refuse the help put to you by the law. In this matter, pride is a bad adviser. First of all, consider that receiving alimony from your spouse will significantly improve the standard of your life and the life of your child.

The establishment of maintenance obligations is one of the most important guarantees for maintaining a decent standard of living for disabled family members who need help. In addition to the standard cases of collecting child support, family law allows for the forced establishment of such payments for the maintenance of the spouse.

Grounds for enforcement

The right to demand the establishment of maintenance obligations arises only in cases expressly provided for in the law. Article 89 of the RF IC includes the following categories of citizens as such grounds:

• a woman during pregnancy, including after the formalization of a divorce;
• a woman within three years from the date of birth of a common child;
• disabled spouse in need of assistance;
• partner caring for a child with a disability.

If there are these grounds, if the husband-partner does not allocate funds for the current maintenance of the woman, she has the right to apply to the judicial authorities for the forced establishment of maintenance payments.

Note!Since payments will be set in a fixed fixed amount, the court will have to evaluate all legally significant circumstances - the material, family and property status of the parties.

For the period of pregnancy and until the child is three years old, a woman has a significantly limited opportunity for active work and income generation. Therefore, the court, first of all, will examine evidence about the level of the husband's financial situation. To do this, the court will consider certificates of income, documents on the presence of other monetary obligations.

Features of the recovery of alimony for the maintenance of the former spouse

In some cases, alimony can be collected even by the ex-wife after a divorce:

• for the entire period of pregnancy;

• until the child reaches the age of 3;
• when caring for a common disabled child - until they reach the age of 18;
• a disabled ex-wife in need of assistance, if the disability occurred during the period of family relations or within a year after the divorce;
• an ex-spouse in need of assistance who retired within five years of the divorce if the partners were married for a long period of time.

The specifics of the recovery of alimony payments include cases where the demand for divorce is presented by the husband during the wife's pregnancy or in the presence of a young child under the age of one year.

In these cases, the termination of marital relations is possible only with the direct consent of the woman. Even if the divorce was refused, the woman retains the right to demand the establishment of maintenance obligations in court.

In other cases specified in Art. 90 of the RF IC, the nature of the need for assistance will be of key importance. These facts will be established by the court on the basis of the evidence presented by the parties.

In what cases can you not pay?

According to the rules of family law, spouses must bear equal rights to support each other. However, objective circumstances such as pregnancy or parental leave provide an opportunity to deviate from the principle of equality of duty.

Grounds for exemption from the recovery of alimony may occur only in the following cases:

• if the husband does not refuse to support his wife, including the former, and regularly allocates a sufficient amount of money;
• if the common child is three years old;
• if a woman cannot confirm the fact of disability or need for assistance.

These facts will be established by the court when considering a misrepresentation on the establishment of alimony payments.

To establish the presence or absence of grounds for the recovery of alimony, ask our lawyers. To do this, fill out the feedback form and indicate the details of your situation.

Recovery of alimony from a spouse (ex-spouse)

If funds for maintenance are not allocated on a voluntary basis, such a requirement can be made by applying to the court. Consideration of these disputes belongs to the competence of the Magistrates' Courts.

Note!As a general rule, the claim is brought at the location of the defendant. If the wife is raising a minor child, or for medical reasons she cannot travel to another locality, it is possible to consider the dispute in court at the place of residence of the plaintiff.

Judicial proceedings in such cases take into account the following features:

• the recovery of alimony for the spouse may be carried out separately from the establishment of similar payments for the maintenance of the child;
• maintenance obligation can be established only in a fixed amount of money;
• the collected alimony is temporary, their payment may be terminated when the child reaches a certain age or the grounds for payment are eliminated.

Article 90 of the RF IC establishes an important rule that significantly limits the ex-wife's right to go to court. Enforcement of alimony requires the defendant to have the necessary means to do so. If the husband, for valid reasons, has lost his ability to work or needs material assistance, the claim for the recovery of alimony may be dismissed.

After establishing the amount of payment in a judicial act, the recovery of alimony will take place according to the general rules of enforcement proceedings. To do this, the recoverer must send documents to the FSSP service, which will carry out all possible procedural actions for recovery.

Amount of maintenance for wife

Alimony payments for the support of a spouse or ex-wife can only be collected in a fixed amount of money. This is a fundamental difference from the establishment of similar payments for a child - there the priority is the method of proportional deduction of funds from the income received by the parent.

The amount of alimony for the maintenance of a wife is determined taking into account the following features:

• payments must be regular and do not depend on the amount of income received;
• the amount of payments can be indexed based on the increase in the subsistence minimum in the region;
• the amount of alimony will be affected by the property, financial and marital status of the defendant.

The amount of alimony fixed in the court decision can subsequently be reduced or increased. The basis for reducing or increasing payments will be the appeal to the court of the recoverer or debtor.

List of required documents

To file a claim in court, the spouse must attach written evidence of the legitimacy of their claims. The documents will include:

• marriage certificate or its termination;
• birth certificates of children;
• medical certificate of pregnancy issued by the antenatal clinic;
• certificates of the husband's income, or a petition for their request through the court;
• other evidence confirming the financial or property status of the parties.

The state duty for filing such claims is not paid, the woman does not need to attach a payment document.

Mikhailov Valery Vladimirovich

Graduated from the Faculty of Law of St. Petersburg State University in 1998 with a degree in Jurisprudence. 20 years of professional legal experience, including in senior positions. Specializes in issues in the field of housing, civil, contractual, corporate law.

Divorce proceedings between spouses are not always quick. Sometimes you need to take a lot of actions and draw up a large number of papers.

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This includes the features of how alimony is calculated for the maintenance of an ex-wife up to 3 years upon divorce, since this type of payment is slightly different from standard alimony benefits.

Important information

Child support must be paid by the parents in any case. Even when they are deprived of their rights to children, they are obliged to make full provision for them.

In the event that the parents divorce, the spouse with whom the child remains receives alimony for the child.

Photo: who can demand the provision of alimony

Since the money will be needed by the parent to provide the child with everything necessary - clothes, shoes, food and entertainment.

There are several grant options. In the first case, parents can conclude an agreement and set the terms of payments and their amount.

The second option involves a trial, during which the court decides on the need to pay alimony.

Initial concepts

To carry out a similar procedure for processing payments, you should familiarize yourself with the terminology base:

Where to file a claim

There are several options for how to receive cash assistance. In the first case, an agreement is drawn up. And on its basis, the notary carries out the certification of the transaction.

But if the parents cannot agree on payments, you can contact the judicial authorities. Initially, you need to file a lawsuit in the branch of the court for the payment of alimony.

After that, you can engage in the recovery of funds in a civil lawsuit. In order for the spouse to file a claim, you must select a branch of the court.

There are several options for choosing this government agency:

1. At the place of residence of the defendant - the one from whom the alimony payment will be collected.
2. In accordance with the address that is known to the spouse - this happens if the husband is hiding from paying monetary compensation.
3. At the address of the plaintiff's residence - that is, the spouse. This is the option when the mother does not have information about the place of residence of the defendant.

Most often, alimony is issued through a court order. Because it ensures the legal correctness of the procedure and the decision.

In addition, the law does not limit the amount of alimony payments. If a parent wants to transfer amounts that exceed those established by the court, he can do this in any amount.

Legal regulation

The Family Code of the Russian Federation should be considered the main legal document in this area.

Article 81 speaks of the amount of maintenance payments that can be charged for minor children. Article 89 refers to several possibilities for obtaining such compensation.

Article 92 establishes the possibilities for exempting a citizen from paying alimony or for limiting payments for a certain period.

This is due to the individual indicators of the spouse. For example, lack of work or health difficulties that require significant financial costs.

Rules for calculating alimony for the maintenance of an ex-wife up to 3 years in case of divorce

This requirement for the maintenance of a wife is established by Russian law. This is due to the fact that a woman is left without material support from her husband and she has a child on her payroll.

At the same time, the mother has the opportunity to carry out labor activities - on the basis of remote work or part-time work.

The law contains several provisions under which a spouse can expect to receive compensation payments:

• the woman is in a position - she has not yet given birth to a child;
• parental leave for children up to three years of age;
• the spouse is caring for a child with a disability - it is established on an indefinite basis.

Only in the presence of such factors can a woman apply for compensation in the form of maintenance payments. And the bailiffs will provide the recovery procedure.

Terms of payment

Spouses can independently set the conditions for receiving payments after a divorce. If a marriage between people is dissolved, then there are several conditions for paying funds:

• the woman is pregnant with a common child or no more than three years have passed since the birth of the baby;
• the need for funding when caring for a minor child with a disability;
• a woman has been caring for a disabled person of the first group since childhood - in this case, payments should be accrued throughout the life of the child;
• disability of the mother of the child - in the event that the fact was registered before the dissolution of the marriage or within a year after that.

A prerequisite for the opportunity to receive funds is the availability of income or property from the second spouse.

If there are none, then even during the trial it will not be possible to demand payment of maintenance funds from him. A special condition concerns the marriage of a woman.

The fact is that if a woman marries again, she can no longer claim payments from her ex-husband. You can apply for alimony.

Because she again has a spouse who takes on the obligations of maintenance. Alimony remains only with the child.

How is the amount of funds determined?

If the calculation of the cash benefit is carried out in court, then the following factors of influence will be applied:

The court usually sets the exact amount of benefits that will need to be paid monthly. The size itself for all mothers is not set in an exact figure.

After all, the influence of a woman’s own income and the means that a man can provide her is too great.

Application procedure

In this case, there are several features of the drafting of the document. Since the statement of claim will be the starting point for the entire case for the recovery of funds, you need to fill it out correctly.

The first case involves the fact that the parents of the child have officially dissolved the marriage. Then the following information is indicated in the application:

• the location of the investigation;
• about the applicant and the defendant;
• on what basis the claim is filed;
• confirmation of the defendant's income;
• claims in the case;
• date and signature.

If the marriage is not officially dissolved, then it will be necessary to bring the facts that the spouse does not financially provide for the family even while living in the same living area.

You can give examples of calculation and be sure to indicate that the spouse does not support the family financially in any way. Since participation in education takes into account both communication with children and their material support.

Required documents

Despite the fact that the registration of alimony is a very troublesome business, a small package of documents will be needed. The most commonly required documents are:

• spouse's passport;
• divorce certificate;
• documents for the child - certificate;
• statement of claim - filled out taking into account all the norms of the law.

These papers should be enough to draw up claims and participate in the trial. But you can prepare other documents.

For example, confirmation of the financial condition - of your own and your spouse. It will not be superfluous to confirm the lack of funding for children.

How to cancel a payment

This procedure is carried out on the basis of the following indicators:

• entry of a woman into a new marriage;
• changes in the financial situation of a woman for the better;
• the age of the child has exceeded three years - carried out automatically.

The grounds for the court not to assign payments to the wife can be considered situations when a woman received disability due to:

• alcohol or drug abuse;
• carrying out a criminal offence.

They do not charge a fee in the event of a short stay of the spouses in an official marriage.

Almost any woman who has a minor common child can receive financial support from her ex-spouse.

But here, too, there are several features that allow both increasing funding and avoiding its implementation.

Both the wife and husband need to know all the nuances, in the form of the possibility of canceling alimony and the possibility of increasing payments.

Video: child support - how to pay and protect yourself from trouble

Attention!

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

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