My wife and I have a difficult case, we quarrel almost every day and we have a baby, he is 2.5 months old, my wife is getting ready to divorce. Can I keep the child with myself and not with the mother in case of divorce and what?

Home » Divorce » Divorce with a small child under 1 year old in Russia

The birth of a child, unfortunately, does not always strengthen families, and spouses may desire to divorce even before the baby’s first birthday. There are many reasons for this, and they are not that important. What is important is how divorce fits into the norms of current legislation and how the legal status of former family members will change if it is carried out.

Is it possible to get a divorce when the child is under 1 year old: features, restrictions

The legislation of the Russian Federation protects the rights and interests of children and their mothers, creating conditions for their upbringing in a complete family, but does not force parents to live in marriage until they reach adulthood. The restriction on divorce applies only for one year after the birth of the child and before that, during the mother’s pregnancy.

An absolute prohibition can only be called in relation to the father. In accordance with Art. 17 of the Family Code of the Russian Federation, a husband cannot initiate a divorce until his pregnant wife gives birth, and 12 months after that.

This provision is also relevant in cases where the biological father of the child is a completely different person. Even if this is officially established, and the paternity of the legal spouse is challenged in court, he will be able to file for divorce against the wishes of his wife only after the expiration of the established period.

The situation changes dramatically if the desire to end the marriage is mutual or comes from the woman. A pregnant spouse has the right to file for divorce at any time, regardless of the age of the child.

Such “inequality” is explained by the vulnerable mental and, possibly, physical state of the baby’s mother. Indeed, in connection with the performance of responsibilities for caring for a young child, she is most often deprived of the opportunity to independently satisfy her basic needs and temporarily acquires the status of disabled.

In addition to the material aspect, the legislation also takes into account the moral one: the psycho-emotional state of a woman in the first months of motherhood is characterized by extreme instability. Therefore, in order to avoid the risk of a traumatic situation to preserve the health of her and the newborn, the demands for divorce at the request of the husband are satisfied with some delay.

Before a child born in marriage reaches 1 year of age, divorce is possible only if:

the wife will declare this;
The spouses made a joint decision to divorce.

How to file for divorce with a small child

When formalizing the separation of marital relations, parents of a minor must remember the need to resolve a number of other issues relating to joint property and, of course, a common child.

Preparatory stage

Before filing for divorce, parents of a common child are advised to agree on the following points:

Place of residence of the child. In infancy, he will be better off with his mother (except in special cases).
Procedure for communicating with a parent living separately. It is important for a child to see and spend time with both parents, and this need must be taken into account at any age, unless communication with one of the parents violates the interests of the minor.
The amount and frequency of maintenance paid by the separated spouse. Alimony and other additional payments should not be below the minimum established by law.
Division of jointly acquired property. According to the law (unless otherwise provided by the marriage contract), each spouse is entitled to exactly half of all material assets acquired during marriage. And they have the right not to divide each object in half, but to agree on their distribution according to the cost and size of their actual investments.

Agreement on the first two issues listed above can be oral. But this option should be resorted to only with an exceptional level of trust between the former spouses. In other cases, it is better to state the agreement in writing and, for greater reliability, have it certified by a notary.

The agreement on determining the place of residence and the order of communication with the child can be certified at will. And the agreement on the amount of alimony, as well as on the division of property, must be drawn up by a notary.

If the spouses fail to reach a consensus on key points of distribution of parental responsibilities and joint property, controversial issues will be resolved forcibly - through judicial proceedings.

Demands for division of property, collection of alimony, determination of the child's permanent residence and schedule of communication with the other parent can be included in the divorce claim and considered in one case. Or they can apply separately, after the divorce.

Where to contact

The authority competent to divorce a child under one year old is selected based on the characteristics of the specific situation:

Spouses who do not combine a claim for divorce with claims of a property nature (except for claims worth more than 50 thousand rubles) and disputes about children turn to a magistrate.
The order to collect alimony or the decision to pay monthly maintenance in a fixed amount is also made by the magistrate.
A divorce involving the consideration of a dispute about determining the place of residence of a child and/or the order of his communication with a parent living separately is carried out in a district court.
The division of jointly acquired property within the framework of divorce proceedings (or separately from it) is forcibly carried out by the district court.
Divorce of a marriage at the initiative of the wife of an incapacitated person, a missing person, or a person sentenced to imprisonment for up to three years for committing a crime, is carried out upon her application to the registry office, regardless of the consent of the husband, the number and age of joint children.

In addition to the correct choice of the body authorized to resolve the issue, it is important to determine the territorial jurisdiction of the case.

Typically, a statement of claim is filed at the place of residence of the defendant (the person towards whom the plaintiff’s demands are directed). But in this case, the divorce may be subject to the jurisdiction of the court at the place of residence of the wife, who acts as a plaintiff in the case.

According to paragraph 4 of Art. 29 of the Civil Procedure Code of the Russian Federation, the plaintiff has the right to choose territorial jurisdiction at his own discretion (between the judicial authorities at the place of residence of the plaintiff and defendant) if he has a minor child with him. And most often the mother of a newborn makes her choice in favor of the nearest magistrate or district court.

As for the extrajudicial divorce procedure, the registry office department at the place of residence of one of the spouses or at the place of registration of the relationship is authorized to dissolve the marriage and register this event. And since only the wife can be the applicant, the right to choose belongs exclusively to her.

Procedure

Further actions of the spouse(s) will depend on the place of application for divorce.

In a court

Even if there is a mutual desire to end the marital relationship, one person must file for divorce. And it will be the wife, since the husband is temporarily limited by law in this right.

The plaintiff is required to do the following:

Select an authorized judicial body (the determination of jurisdiction is described above).
File a claim.
Prepare documents.
Pay the state fee.
Submit papers to court.
Appear at the hearing on the day and time appointed by the judge (this is not necessary - you can send a request to consider the case in your absence or take part in the proceedings in absentia, transferring part of your powers to a representative)
Receive an extract from the court decision.
Visit the registry office and declare the need to register a divorce.
Pay the state fee.
Obtain a divorce certificate.

Points 8–9 are carried out by each of the spouses, and responsibility for them can be transferred by them to voluntary representatives on the basis of written authority (power of attorney).

Also, former spouses have the right to submit an application to register a divorce through the State Services portal. But this will not save them from the need for a personal visit to the authority. And since there is no need to wait to receive the certificate (it is issued on the day of application), there is little point in sending a separate electronic request.

At the registry office

If the divorce occurs unilaterally, at the request of the spouse of a person serving a prison term, incompetent or declared missing, she does not need to go to court.

The applicant's actions will be as follows:

Preparation of necessary documents.
Visit to the civil registry office.
Writing an application for divorce.
Submitting an application and documents for verification to an authorized employee of the department.
Receive details and pay state duty.
Submitting the receipt to the registry office for reconciliation.
Repeated visit to the place of application on the day appointed by the authorized employee.
Participation in the procedure for registering a divorce (confirming your intentions, signing papers, etc.).
Obtaining a divorce certificate.

In this case, an application for divorce can be submitted through the Unified Portal of State Services. This will allow you to avoid visiting the civil registry office twice - the spouse will need to come only after the established period has expired to complete the registration and receive a confirming certificate.

Documentation

The items in the mandatory list of papers are determined depending on where the divorce will take place.

What you need to take with you to the registry office:

Identification.
An extract from the court decision on divorce (if the divorce has already been completed in court, and the former spouses only have to register it).
Certificate from the place of residence (if it does not coincide with the place of registration indicated in the passport).
A copy of the judicial act recognizing the spouse as incompetent, missing, or sentenced to imprisonment for a term of three years or more (if the application for divorce is filed unilaterally).
Receipt for payment of state duty.

Documents for the court:

Identification.
Marriage certificate.
Certificate from the place of residence (if it does not coincide with the place of registration indicated in the passport).
Child's birth certificate.
Receipt for payment of state duty.

According to the rules of legal proceedings, the plaintiff needs to make copies of the application and the documents attached to it (except the receipt) according to the number of participants in the case.

Statement of claim

The form and content of the claim are approved by Art. 131 of the Civil Procedure Code of the Russian Federation. It should include four building blocks with the following information:

Introductory. Contains information about the plaintiff, defendant and judicial authority - full name, address, name.
Descriptive. It must indicate the date of conclusion, the reasons for the divorce (if the divorce is not by mutual consent), the date of birth of the child under one year old, the age and number of other common children (if any), the reasons for the spouse’s refusal (if he is against), and other circumstances, on which the plaintiff will base his claims.
Pleading. Displays the meaning of filing an application - claims. There may be several of them: divorce, collection of alimony or assigning it in a fixed amount, division of property, determination of the place of residence and the procedure for communicating with the child. The validity of your position should be confirmed by excerpts from legislative acts.
Applications. Here you will need to list all the documents and evidentiary materials with which the plaintiff argues his claims.

The application must be signed by the plaintiff. Failure to comply with this rule will result in the judge refusing to accept it.

Sample

Application to the registry office

According to Art. 34 Federal Law “On Acts of Civil Status” No. 143-FZ, the application for divorce submitted to the registry office by one of the spouses must include the following information:

Full name, place, date of birth, place of residence, citizenship of the applicant and his spouse;
grounds for unilateral appeal (recognition of the husband as incompetent, missing or sentenced to imprisonment);
details of the marriage registration record;
the applicant’s passport details and the surname he chooses after the divorce;
the place of residence of the property manager of the missing person, the guardian of the incapacitated person, or the address of the institution where he is serving his sentence, sentenced to imprisonment for three or more years.

The application at the end is certified by the personal signature of the spouse.

Sample

Price

Official expenses that spouses will incur upon divorce include payment of state fees:

For filing a claim in court - 600 rubles;
For state registration with the civil registry office - 650 rubles.

The named amounts are established by Ch. 25.3 of the Tax Code of the Russian Federation and are not subject to change up or down. In this case, the payment under paragraph 1 is made by the plaintiff, while state registration with the civil registry office is paid for by each of the spouses separately.

If the mother of a child under one year old applies to the registry office, bypassing the court (on the grounds stated above), she pays only 350 rubles.

Deadlines

The timing of the divorce process depends on the procedure and features of its implementation.

If the divorce is carried out through the court:

consideration - 35 days from the date of filing the claim in the magistrates' court and 60 in the district court (maximum);
entry into force of the decision - 30 days.

Unilateral divorce in the registry office: 1 month from the date of acceptance of the application.

In reality, the time frame for legal proceedings may be extended. This is due to possible suspensions, postponement of the date of consideration of the case and the need to execute letters rogatory. Plus, according to the law, the judge has the right to assign the parties a period for a truce - up to three months. And parents of a small child are at risk of delaying the procedure.

But, if the interested party doubts the legality of such delays, he has the right to file a private complaint or petition to speed up the proceedings.

Arbitrage practice

The mother of a young child (V. I. Eroshina) filed a lawsuit for divorce from R. D. Eroshin. She explained her decision by personal reasons, as well as her husband’s refusal of a voluntary divorce.

The judge set a hearing date and issued notices to the parties. However, the defendant (Eroshin R.D.) did not receive it and did not appear in the courtroom. The trial was postponed.

The plaintiff expressed doubt about her husband’s good faith, pointing out the fact that he evaded accepting the summons. She drew the judge's attention to the meaning of Art. 119 of the Code of Civil Procedure of the Russian Federation, which allows a hearing to be held without the defendant if there is reliable information about his absence from his last known place of residence. And confirmation of this fact was the return of the summons back to the court due to the expiration of the storage period at the post office.

Taking into account the circumstances and arguments of the plaintiff, the judge set a new date for the trial and, within the specified period, satisfied the stated demands - dissolved the marriage and determined the place of residence of the child with his mother.

Divorce after the birth of a baby

You have firmly decided to get a divorce. What should you pay attention to and how to act wisely?

Features of the divorce process of parents with a child under 1 year old

Conditions for divorce proceedings initiated by husband/wife.

So, in our country, while a woman is pregnant or until the child is 1 year old, a man cannot file for divorce. Only with the official consent of your spouse. In this case, the woman is not limited in her rights, since the children most often remain with her.

In what case can a man file for divorce?

A man can divorce a woman if the child is under 1 year old, only if his paternity is not confirmed. It should be understood that this fact can only be proven with the help of genetic testing. In the meantime, while a person is submitting documents for this procedure, while he is undergoing the test itself, etc., almost the entire limited period has already expired. However, if the husband managed to catch his wife in a lie and still did this analysis before the child turns 1 year old, then no one will prevent him from getting a divorce.

Where to contact

If you decide to divorce, then you go to the magistrate’s court - provided that you do not have claims against each other in the form of questions about who your child will stay with or how to divide property. And, accordingly, you are sent to the district court if such problems exist. You can also get a divorce in the district registry office if your spouse was sentenced to a term of 3 years or more or he went missing or was declared incompetent.

Documents you need to have with you:

passport;
Marriage certificate;
child's birth certificate;
application for divorce.

The statement of claim is drawn up as follows:

addressed to the magistrate for this area;
surnames, first names and patronymics of the spouses, indications of their residential address or registration;
the conditions under which a divorce occurs, including all the circumstances preceding it (when they got married, how long they actually lived together, whether there are children, etc.);
reasons for divorce;
indicate whether the husband/wife agrees;
indicate why the child stays with you and whether your spouse agrees with this;
request for divorce;
date, signature.

The court's decision

If there are no objections or claims from the husband, the child remains with the mother. The father pays alimony in the amount of 1 child - ¼ income, for 2 children - 1/3 income, for 3 children - ½ income. After the trial, a court decision is made, and a writ of execution is issued to the recipient of alimony. He goes with him to the Bailiff Service, which begins the process of collecting child support.

Difficulties

Difficulties in divorce proceedings mostly arise under the following circumstances:

The wife's ambivalent consent. Since filing for divorce within a year after the birth of a child is the prerogative of the wife, the husband is completely dependent on her consent. And it should be expressed not only in words. Irrefutable evidence of the relevant intention is only the filing of a claim in court. The husband must remember that the preliminary agreement in no way obliges the wife to file for divorce or abandon her claims. And this is practically the only insurmountable difficulty of the process.
Failure of a spouse to appear in court and counteract claims by other means. A defendant who does not want to reach a general agreement may resort to various kinds of tricks in order to delay the court hearing as much as possible, or go even further and create obstacles to the satisfaction of related demands (division of property, determination of the child’s place of residence, etc.). It can be difficult to provide decent resistance to “skillful” distortion of facts and deliberate delay of the legal process. But it is necessary to do so, and confidently defending your position with a competent presentation of “strong” arguments should help.
Unstable income of the spouse. A small child and a mother who is forced to spend most of her time caring for him have the right to count on a certain percentage of the income of the father (former spouse). But sometimes the allocated share is not enough to cover the child’s monthly minimum needs due to the father’s lack of a guaranteed stable income or his concealment of his real income. In such cases, during a divorce (or after it), the wife can sue her husband for alimony in a fixed amount (in the form of a fixed monthly payment).
Refusal to divorce the mother of someone else's child. We will not belittle the law in our prohibition - divorce at the request of the husband is impossible. And the fact of the presence or absence of a biological relationship between the legal spouse and the child does not change the situation. The only thing a man can do in such a situation is to wait for the expiration of the allotted period and start challenging paternity. The latter will relieve him of the obligation to provide alimony to his ex-wife and her child. In this case, the spouse will have to prove not only the discrepancy of genetic data, but also the fact that at the time of entering information about the father on the birth certificate, he did not know that the child was not his own.

Only a timely and competent response will help you successfully overcome emerging difficulties. Ill-considered actions, as well as ignoring the problem, significantly increase the risk of developing undesirable and sometimes irreparable consequences.

Divorce through court

Divorce through the court when the child is less than 1 year old is a longer and more complex process. The difficulty lies not only in the fact that a married couple cannot come to a common opinion. It is very important to file a claim correctly and competently. The legislation places very strict requirements on it. For example, it should contain the following points:

detailed information about both spouses;
detailed information about all common children;
all the motives that prompted the spouses to divorce.

Additional documents must be attached to the statement of claim:

a copy of the marriage certificate;
documents confirming the birth of children;
a pre-drafted agreement on the child’s future place of residence.

When filing a claim, a married couple must pay a special state fee.

The statement of claim can be filed either in the district or in the magistrate's court.

Do not forget to take the application to the authority at the place of residence of the defendant (most often this is the child’s father).

The entire divorce procedure occurs in several stages:

Preparation of all necessary documents.
Filing a claim.
Filing a claim in court.
Preparation of the case - preliminary hearing.
The hearing of the case is the main meeting.
Making a final verdict.

On the part of the mother or father of the child, social guardianship or trusteeship authorities may also be involved in the court case.

Most often, responsible employees of these bodies draw up a special act, which specifies the detailed living conditions of the parents and the child.

If the court considers it necessary, during the consideration of the case it may resort to a special conciliation procedure. Because of this, the consideration of the case is postponed for the previously specified period.

Who will the child stay with?

This global question is one of the first to arise between spouses. And it’s good if they manage to reach agreement on it. Otherwise, those divorcing will face a dispute that will be resolved by force in court.

When forming their position regarding the place of residence of a common child, spouses need to consider the following:

The rights of parents are absolutely equal and the mother does not have the exclusive right to live together with the child. But in the case of a newborn baby, the scale of justice tilts in her favor for obvious reasons.
When considering a dispute about determining the permanent place of residence of a minor, the judge first of all takes into account his rights and interests.
It is important for a parent who wants to keep a child to present to the court the advantages of his appointment and prove why the child will be better off with him.
A spouse living separately must know that he will be responsible for partial financial support for the child and the parent who will provide constant care for him.

Since the baby himself is not able to express his opinion regarding his future place of residence, the court, when making a decision, will be based on the following circumstances:

Physiological characteristics of a newborn - at such an early age he is highly dependent on his mother, and only her extremely dysfunctional behavior or complete indifference to parental responsibilities can prompt a judge to determine the baby’s place of residence with his father.
Living conditions of spouses. It is important for a child, especially such a small one, to create optimally comfortable conditions for life, health and development. And a parent who is unable to provide this to him should not count on living together.
Parents' health. Caring for a child requires great responsibility, moral and physical effort. Therefore, it is impossible for a newborn to remain with a parent who does not have sufficient resources for this.
Lifestyle of father and mother. Radical measures of education, extremely unconventional views on the family and immoral behavior will play in favor of a parent who is far from them. And we are talking here about deviations that threaten the health, moral and moral development of the child.

In other words, an infant under one year old, if the parents divorce by court decision, will remain with the mother, unless she expresses extreme disinterest in this or, due to poor health (physical and mental), is unable to properly care for the baby.

Why do couples divorce after having a child?

Divorce with a small child under one year old is a serious step. And it needs a good reason. It is clear that in such families that have decided to end their marriage, there are relationship problems. But sometimes they occur just after the birth of a child or during the wife’s pregnancy. Let's consider the main ones:

Relationship. It happens that a couple decided to legitimize their union, but the young people were together for very little time. It is clear that when they start living together, they have many claims against each other, especially if a child has just been born. If they are lucky, they will get along and find a common language. Or it may simply turn out that their value of family is extremely high, and then they will live with each other for the sake of the children, out of a sense of duty. And if this data is missing, then a break in the relationship is inevitable. Another situation may also occur. For example, one of the young people, getting married, was not sure of his feelings, but still decided on an official union (it was just time). And then he begins to realize that he was mistaken, or meets another love. There are many reasons. The essence is the same: people are not ready either for marriage (as a responsibility) or for being together (namely this man and woman).
Early marriage. Early marriage is considered to be around 17–21 years of age. This is the time of formation of worldview, life principles, ideals. At such a moment, the feelings that arise are not always able to correspond to a person’s own ideas about what his partner should be like. And love, stormy, passionate, has already happened! You need to get married or get married! Only then does this first feeling gradually disappear, and what remains before you is a person with all his shortcomings. Namely, they do not fit into your life path scheme. But you realize it's too late. The child has already been born. And then everything happens according to the scheme: there is a sense of duty - we live on, no - problems begin in the relationship that lead to a break.
Financial difficulties. Not every couple understands that marriage is both an economic responsibility and problems related to finances. It’s good if the husband and wife have enough money to live in peace and not need anything. But if there is not always enough money, mutual claims begin. “You can’t provide for your family!”, “Why should I be the only one working non-stop?”, “Where are you spending your money?” Such questions accumulate, and serious problems begin in the relationship. Not every family can overcome financial difficulties. For those who put feelings above all else, of course, it’s easier. They will try to keep the love alive. Also lucky are those couples who are ready to overcome difficulties due to their characteristics. A man will try to earn more if the family budget requires it. A woman will stop nagging her husband when she sees how hard he tries. But if people are not mentally prepared for such difficulties, a breakup is often inevitable. And this is a better option than living with each other all your life, suffering.
Bad habits. It is no secret that alcohol lovers and drug addicts themselves ruin any relationship they enter into. And even if such a person has not yet completely lost his shame and moral character (moreover, he repents and asks for forgiveness because he loves his wife and child), it is still impossible to live with him. Both because he is morally and physically degrading, and because such a father (mother) is a bad example for growing children. Therefore, bad habits of this kind very often become the cause of a break in a young family. In this case, the question may arise: if the family is still young, when did one of its members become an alcoholic or drug addict? Yes, this is a simple matter. However, there must have been some signs indicating that a person was prone to such weaknesses. But not everyone notices them or doesn’t want to notice them, having fallen head over heels in love.
Wife's postpartum depression. Not every man understands (and is able to understand!) the characteristics of the female body, or a woman’s perception of motherhood. The phenomenon of depression after childbirth is quite common. The woman is moping, she doesn’t want sex, she constantly thinks about the child (and in severe cases she doesn’t even think about him!). In general, for some time she has no time for her husband. And here the options for the development of events can be completely different. The husband is able to go to friends or his mother to “cry” about his wife’s behavior. Or it might move in the other direction. Treason. It is precisely because a woman is forced to deny intimacy to her husband in the last stages of pregnancy and in the first months after childbirth for physiological or psychological reasons that crises often occur among husbands. Such situations lead to the emergence of relationships on the side. Sometimes this connection results in the family being destroyed or the wife does not want to tolerate betrayal and immediately leaves. At such moments (if we take into account the special mental state after childbirth), the marriage breaks down.
Problems with relatives. In the first year of married life, misunderstandings often arise in the family related to the influence of close relatives (most often mother-in-law, father-in-law, father-in-law, mother-in-law). This, of course, is bad when adults suddenly forget that newlyweds must learn to solve their problems themselves, that they are more interesting together, that they are no longer children if they decide to start a family. And everyone begins to pull the blanket over themselves: Your son cannot do this! Your daughter is unworthy! He doesn't even know how to nail a nail! She doesn’t know how to cook basic porridge! At such moments, relatives forget that their son, for example, knew perfectly well that the girl did not know how to cook or sew, but decided to marry her. This means that, in principle, it doesn’t matter to him. But young people who are offended by their mother and father begin to quarrel, sometimes present something to each other, and, if they are weak in character, they also agree with their parents in their assessment of their wife or husband. And in this case, serious conflicts occur, disagreements arise, and grievances accumulate against each other. And a break follows, often approved by the parents, who simply forgot how they themselves were in the role of newlyweds.
Disputes over child care. Representatives of older generations can also participate in them. Usually a man does not interfere in the care of the baby (but he can seriously insist on participating in the upbringing of older children). But there are cases when dad is still an adherent of some special methods (passed on from generation to generation), and mom is a supporter of modernity. And disputes begin, which can also lead the wife and husband to a break in their relationship. True, this happens only for this reason extremely rarely.
Illnesses of the mother or child. Unfortunately, there are cases when a baby is born not entirely healthy (it’s worse if he is given some not very good diagnosis at birth). Or the mother begins to get sick, unable to cope with the stress of pregnancy and childbirth. It is clear that a person who can decide to divorce in such circumstances is a disgusting, cowardly creature. But such cases do happen.

Rights and responsibilities of parents after divorce

Parental rights and responsibilities, unlike marital relations, do not cease after divorce. And every parent should take this into account, regardless of whether he lives with the child or not.

Rights and obligations of the parent with whom the child remains (by court decision or agreement of the parties):

Live with the child on a permanent basis at your place of residence or stay.
To provide the conditions necessary for the life, health and all-round development of the child.
Do not interfere with the child’s communication with the parent living separately and his relatives.*
Coordinate the time schedule of the ex-spouse and the child with him.
Promptly and upon request notify about important events or changes in the child’s life (moving, health status, employment schedule, etc.).

* - if this does not contradict the legal rights and interests of the minor.

Former spouses should remember that for concealing the location of a child against his will, failure to comply with the legally established procedure for communication with a parent living separately, as well as intentional and unjustified creation of obstacles to their meetings and planned events, they face administrative liability - a fine or administrative arrest.

Rights and responsibilities of a parent living separately:

To transfer funds monthly, in accordance with the procedure agreed upon or established by a judicial act, for the maintenance of the child (until he reaches the age of majority) and his mother (until the child reaches three years of age).
Participate in additional expenses for the child.
Fulfill parental responsibilities of a non-material nature (upbringing, development, communication).
Take the child to your place according to the approved schedule, if under current circumstances this does not objectively violate his interests (the child is not sick and reacts positively to such meetings).

The last point requires special attention and detailed discussion, since a small child can have a hard time withstanding even the slightest separation from his mother.

Therefore, when developing a communication schedule, it is important to focus on the interests of the baby, for example, seeing him in the presence of the mother. It is important here not to harm the baby’s psyche and, if possible, to postpone longer individual meetings.

Alimony

The spouse living separately from the child is obliged to support him and the former spouse caring for him.

Per child

Coming of age in Russia occurs when a child reaches 18 years of age. It is up to this age that the parent is responsible for his well-being and, in cases of separation, makes monthly payments in his favor - alimony.

The procedure for their payment and the amount can be determined by agreement of the spouses or in court. It is important to consider:

The minimum amount of contributions by law is 1/4 of the father’s income for one child, 1/3 for two and 1/2 for three.
When calculating alimony, the financial situation and capabilities of the payer are taken into account, as well as the presence of other minor children or other persons whom he is obliged to provide for.
If the ex-spouse’s earnings are unstable or he receives mostly unofficial income, the mother of his child has the right to file a claim for alimony in a fixed amount, which must be received from him every month.

Alimony paid in a fixed sum of money is subject to indexation - revision in connection with the increase in the cost of living (based on the writ of execution of the bailiff).

Also, monthly maintenance (regardless of the method of calculation) can be reduced even relative to the legal minimum if the payer’s life circumstances have changed, and for objective reasons he is not able to pay more.

What is the percentage deducted from?

According to Government Decree No. 841, alimony is calculated from the total amount:

wages;
salary accrued to state and municipal employees;
fees;
allowances, bonuses, rewards;
pensions (except for those issued for the loss of a breadwinner);
scholarships;
temporary disability and unemployment benefits;
monetary compensation paid in connection with dismissal;
income from business activities;
income from rental property;
dividends, payments on equity shares;
amounts of financial assistance;
compensation for harm caused to life and health;
amounts received under contracts for the performance of work and provision of services.

Additional expenses

The alimony payer may be forced through the court to contribute to additional expenses for children. The reasons for this are exceptional circumstances, such as a serious illness of the child, injury, the need to pay for outside care, etc.

If this clause is not specified in the agreement, the interested party has the right to go to court with demands for partial reimbursement of expenses already incurred and future.

By agreement or through court?

A correctly drawn up and executed agreement on the payment of alimony has the force of a writ of execution and, if the spouses have reached a unanimous opinion on this issue, they should settle on its voluntary settlement, namely:

Draw up as detailed an agreement as possible on the amount, procedure for paying monthly maintenance, its indexation and other points, taking into account the financial and marital status, as well as the list and nature of other obligations he bears.
State the text of the agreement in three copies - one for the ex-husband and wife, and one for the notary.
Go to the nearest notary office and confirm the written agreement with signatures.
Submit the papers for identification.

And only if the dispute between the spouses does not subside, the interested party has the right to file a lawsuit to collect alimony, review its amount and method of payment. Such claims may be filed separately with the magistrate or included in the petition for divorce.

For a spouse living with a child

In accordance with Art. 90 of the RF IC, the ex-wife has the right to receive alimony for three years from the date of the birth of their common child. By the principle of analogy (Article 5 of the RF IC), this provision is also relevant for ex-husbands, if they are the ones who perform child care responsibilities.

Financial support to the parent with whom the child remains after the divorce is paid from the former spouse, regardless of whether he took out parental leave or not. And it is possible to free yourself from this obligation only after challenging paternity or maternity.

The amount of alimony is determined individually in court, since it is calculated exclusively in a fixed amount of money. In this case, the judge takes into account the degree of need of the recipient and the level of income of the payer, trying to the maximum to satisfy the needs of each of them.

Cases regarding divorce in the presence of a small child are among the most problematic in legal practice. Legislative restrictions, complex related issues and the psychological tension of the moment aggravate an already unpleasant process. Making independent decisions in such conditions is extremely difficult and dangerous, because the fate of a newly born child may be at stake.

Before committing fateful actions, spouses are advised to seek legal assistance from specialists at ros-nasledstvo.ru. Here you can ask for free advice and receive consultation at any convenient time, virtually or by phone.

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