Application for collection of alimony for spousal support: can a wife apply for alimony for herself

Conditions for payment

In such circumstances, you need to make every effort to receive financial assistance from your ex-husband. After all, the good mood and condition of the mother will certainly affect the health and development of the child.

If the husband does not pay alimony, he accumulates a debt that will grow every year. Also, for each day of delay in payments, penalties are charged, which you can also recover through the court. In 2021, penalties amount to 0.1 percent for each day of the total debt.

In order for a husband to pay alimony for his wife, he must meet one of the following categories:

1. The wife is pregnant with their child.
2. The joint child from the marriage is under three years old.
3. The common child is disabled. In this case, the mother can receive child support until the child reaches 18 years of age. This money should help his mother take care of him.
4. If a common child is disabled in group 1 from birth. In this case, alimony is for life.
5. If the former spouse became disabled during the marriage or within a year after the divorce.
6. The child was born after the divorce, but no later than 300 days later.

Example 1: Anna divorced her husband 2 months ago, they have a son together. Anna can apply for alimony for her maintenance until the child is 3 years old. The amount of alimony will be determined by the court.

The court will examine all sorts of factors that may affect the amount of alimony. We advise you to prepare evidence in advance that will confirm the need for a larger amount. To do this you can do the following:

• collect witness statements;
• collect certificates showing your difficult financial situation;
• prepare documents stating that you do not work anywhere;
• If the child needs treatment, collect medical documents.

Penalties at the rate of 0.1% per day for 0 days: 0 rubles

Amount of penalties for all debts: 0 rubles

Total amount of debt (penalty + principal): 0 rubles

Remember that in the statement of claim you will need to indicate the exact amount that you want to receive from your ex-spouse for your maintenance.

In 2021, the husband is obliged to pay alimony to his ex-wife if she is raising a common child under 3 years old. The amount of payments is set by the magistrate court, usually 6,500 rubles per month.

Also, a man must support his ex-wife if she is unable to work due to illness. The same rule applies to ex-wives.

Amount of payments and their calculation

When drawing up a voluntary alimony agreement, the husband and wife can independently determine the amount of payments and the procedure for their implementation. The main thing is that the child receives financial assistance in an amount no less than that which would be prescribed by the court. If a woman goes to court, then the amount of payments for the child is established in accordance with Art. 81 of the RF IC, and against his mother, guided by Art. 91 RF IC.

In court, child support is calculated depending on the number of children:

• one child - 25% of the parent’s income;
• two children - 33% of the parent’s income;
• three or more - 50% of the parent’s income.

In the cases established by Art. 83 of the RF IC, alimony for minor children can be collected in a fixed amount. If the court is considering a case of collecting alimony for a wife, and no agreement has been signed between the spouses, then the amount of alimony is established by the court based on the financial situation of both parties (Article 91 of the RF IC).

Alimony for the wife is paid monthly in a fixed amount. During the entire period of payment of alimony, each party has the right to apply to the court with a request to change the amount of payments if there are legal grounds for this.

Registration and submission of documents

If you were able to reach an agreement peacefully, then to draw up an agreement you will need very few documents:

• passports and photocopies of spouses;
• Marriage certificate;
• child's birth certificate;
• an agreement that you will formalize notarized.

If you go to court, the list changes slightly. Here's what you'll need:

• a statement of claim in which you indicate all your demands and evidence. It is best to draw it up with the help of a lawyer or lawyer;
• photocopies of spouses' passports;
• a photocopy of the child’s birth certificate;
• documents on the spouse’s income;
• certificate of residence;
• certificate of pregnancy or disability of the child, if any;
• receipt of payment of state duty.

The courts try to consider these cases as quickly as possible. But in any case, it will take at least 20-30 days.

Example 2: Tatyana divorced her husband 1 year ago and now she has a disability. Tatyana can establish alimony for her maintenance from her ex-husband. To do this, she needs to file a lawsuit.

When can you not pay alimony to your husband?

Despite the legalized mutual right to alimony between spouses, its use is not always possible. The law provides grounds for releasing a spouse from alimony obligations (Article 92 of the RF IC). The wife does not have to pay alimony if:

1. The cause of disability is long-term abuse of alcohol, drugs or psychotropic substances.
2. The disability arose when the spouse committed an intentional crime.
3. The duration of the marriage was very short. The court may recognize a marriage lasting up to 10 years as such.
4. During the marriage, the man behaved immorally and committed unworthy behavior in the family.

As part of the judicial process for the assignment of alimony for a spouse, a woman must confirm the existence of grounds for refusing payments. The evidence used must comply with the rules of civil procedure.

How to collect

After the court decision is made, you will be able to obtain a writ of execution. Please contact the bailiffs with these documents. They will initiate proceedings in your case and oblige your spouse to pay alimony.

It is best to agree that payments are made to a bank card, for example, from Sberbank. This method is very convenient for reporting and control.

If a spouse refuses to fulfill his obligations voluntarily, more serious methods may be applied to him, including criminal liability.

How to file a claim for alimony from your ex-wife?

When filing a claim, it must contain the following information:

• The court where the claim is filed.
• Full name, registration information and place of residence of the plaintiff and defendant. If they differ, then fill out the following form: Full name, registered at:____, residing at:____.
• Information about the defendant’s work (if he works or is known to the plaintiff).
• Information about the defendant’s other income (if known to the plaintiff).
• Deciphering the main provisions of the request with which the plaintiff applies to the court, listing the available grounds for this.
• A list of documents that confirm the plaintiff’s right to receive alimony payments.
• The date when the claim is filled out and the signature of the plaintiff.

Since our legislation is aimed at supporting the mother (ex-wife) and provides less support for men in the event of a divorce, you should attach as many different documents as possible that confirm the right to receive alimony.

For example, if a man applies for alimony in case of
incapacity for work, then the fact that the incapacity for work was obtained in cases that could become a reason for refusal should be refuted in advance.
This may be certificates confirming the absence of addiction to alcohol, drugs or other drugs, testimony of witnesses who confirm the plausible behavior of the spouse during the marriage, etc.

Why do men pay their wives alimony during a divorce?

Who can ask for this? Husband or wife? There is no gender division here. Either party may request such compensation.

But she must meet the requirement of being the weakest spouse, the one who has the fewest resources (or no resources) to survive the separation. However, there are rules that you need to be aware of before filing for child support.

The law considers the husband as the strongest spouse when dividing property, and therefore in most cases it is the husband who must make payments.

It may happen, but it will be very strange and very rare, for a judge to rule that a woman must pay alimony to a man. This will only happen if the woman has sufficient income and the man has nothing.

Why does a wife need alimony during a divorce?

When separating, one of the parties may ask the other to transfer a monthly amount of money, this will be financial compensation between the spouses

When people get married, they legally take on a number of obligations. One such obligation is “relief of burden,” the simple expression of which is the obligation to provide assistance to the other party (husband or spouse, as the case may be) when necessary.

If a couple files for a divorce, then one of the parties may ask the other to transfer a monthly amount of money, which will be financial compensation between the spouses.

Women are more likely than men to give up their careers for the sake of family. After a divorce, they find it difficult to find a job due to many years of idleness in their resumes and the need to improve their qualifications. There are also other cases that may lead to a woman needing the support of her ex-husband.

To receive spousal support, the spouse seeking assistance must prove that he or she has not entered into an agreement limiting the amount of alimony. Each divorcing spouse may seek support from the other spouse, unless he or she has entered into a prenuptial agreement limiting the right to payments. In order for a prenuptial agreement to be binding, it must meet all legal requirements and not be entered into under duress or fraud.

In general, courts will consider each spouse's income, their ability to earn income in the future, the couple's standard of living, and any other relevant circumstances.

Voluntary payment of alimony for a child from a first marriage

If the parent does not evade paying child support, then the obligation is fulfilled voluntarily by agreement of the parties. A voluntary agreement on the payment of alimony has mandatory requirements for the form (Article 100 of the RF IC):

1. Written form;
2. Notarization.

Failure to comply with these requirements entails its insignificance. If the mandatory requirements for the form of the agreement are met, it becomes equal to a writ of execution .

The agreement provides for the procedure, terms and amount of alimony, as well as liability in the event of debt formation. When drawing up an agreement, it is necessary that the parties agree on all its terms peacefully. The law does not limit the parties when choosing the methods by which payment will be made: a fixed amount, a share of the parent’s income, or by providing property (Article 104 of the RF IC). A mixture of methods may also be provided.

A voluntary agreement on the payment of alimony should not violate the rights and legitimate interests of a minor or a disabled child. So the amount to be paid should not be less than that which is due to the child by law . If such conditions are not met, the court may declare such an agreement invalid.

In addition to the notarial agreement, there may be an oral agreement between the parents to pay child support obligations. Voluntary payment is also possible by court decision. The guarantee for the payment of alimony without a written agreement will be a receipt confirming receipt by the other party of the amount of money, as well as checks and receipts in case of non-cash transfer.