How to get child support for the mother of a child under 3 years old? When filing a claim for divorce in court, not only the union of two hearts collapses, but also the overall budget. A woman may be left alone with a child or several children without a means of support.
This happens when the mother is on leave to care for a child under 3 years old or is pregnant. That is, she is actually disabled.
A woman has the right to alimony not only for the benefit of her children, but also for herself. And if the husband and wife managed to get a divorce, then it makes sense to think about how to receive alimony for the spouse for up to 3 years. After all, a woman needs to support not only a small child, but also herself.
Alimony for the maintenance of the child's mother
What to do if a mother with a baby does not have enough money to live? In such circumstances, it is necessary to collect alimony for the maintenance of the mother until the child reaches 3 years of age, because there are no means of a decent living.
It’s worth noting right away that the process of receiving payments in this case differs little from how child support is collected. Meanwhile, there are some nuances that this article will talk about.
Articles 89 and 90 of the Family Code provide for the protection of the wife’s interests in obtaining funds for her maintenance, obliging the father to pay alimony to the child’s mother until he reaches the age of 3 years.
How to get child support for your mother in 2021? Let's look at it in this article.
Alimony for maintaining a wife for up to 3 years is awarded after divorce. Additionally, the payment period includes the period of pregnancy of the ex-wife.
Unlike child support, maintenance of the former spouse is carried out in payments of a fixed sum of money. Its size is calculated by the court based on the minimum subsistence level.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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A former married couple has every right to sign a spousal support agreement with a notary. In this case, the agreements may contain a clearly defined figure for alimony.
Application rules
A statement of claim for deprivation of maternal rights is drawn up in writing. An authorized person can draw it up independently.
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Stanislav Evseev
Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.
It must be remembered that the claim is not a formal document. Based on the facts stated in the application, the court will decide whether to apply a last resort measure for the mother. Therefore, it is necessary to take its design seriously. If you lack relevant experience, it is advisable to involve a lawyer. You can leave a request on the website, and our specialists will help you draw up a competent claim.
Contents of the application to the court:
- name of the district court;
- process initiator data;
- information about the mother;
- name of the guardianship department;
- data from the district prosecutor's office;
- name of the claim;
- information about the child, including details of the birth document;
- grounds for applying the measure;
- reference to regulations (Article 69 of the RF IC);
- plaintiff's claims;
- list of documentation;
- signature;
- date of.
The law provides a list of grounds for deprivation of maternal rights. It is limited.
| No. | Reasons |
| 1 | Improper execution of maternal rights |
| 2 | Cruelty to a minor |
| 3 | Abuse of parental rights |
| 4 | Drug addiction or alcoholism |
| 5 | Committing a serious crime against a child or his relatives |
| 6 | Staying in a maternity hospital or shelter |
Requirements for deprivation of maternity include:
- deprivation of mother's rights;
- removal of a minor from the family;
- collection of alimony.
How to get child support for a non-working mother up to 3 years old: conditions
The grounds for collecting alimony for the maintenance of a former spouse for up to 3 years are listed below.
Alimony for the maintenance of a child's mother after a divorce or marriage can be recovered from the father if:
- The common child is under 3 years old, and the mother is on leave to care for him.
- The wife is not employed.
- The spouse is pregnant at the time of divorce or 300 days after it.
- The defendant does not dispute paternity, or this fact has been established by the court.
It is quite natural that a woman raising a small child alone may experience objective financial difficulties. And in this case, alimony for a wife on maternity leave is intended to cover the costs of food and medical supervision.
The court will take all these factors into account when awarding alimony to the child’s unemployed mother. Therefore, for the trial, the mother who is left alone should provide a certificate from the social security authority and other services about the amount of benefits and payments received.
Options for collecting alimony and the amount of payments
The legislator has provided three ways to collect alimony:
- Filing a claim for alimony in court, discussed above.
- Voluntary agreement. It describes the procedure and amount of alimony payments. If the mother refuses to comply with the terms of the agreement, the father has the right to turn to bailiffs for enforcement. The document is certified by a notary.
- Applying to the magistrates' court for a court order - a document on the collection of alimony from the mother. The order is issued within 5 days, after which it is sent to the bailiffs.
If the court refuses to collect alimony from the mother, the father has the right to file an appeal to the same court no later than one month. The decision to collect alimony from the mother comes into force one month after its adoption. After this, you should obtain a writ of execution for the forced collection of alimony through bailiffs.
If the mother and father of the child were unable to agree on the amount of payments, then alimony from the mother is calculated by the court as follows:
- the amount of alimony is calculated based on the amount of wages: 1 child - 25%, 2 children - 30%, 3 or more children - 50% of income.
- If the child’s mother does not work or her income is irregular (unofficial income is possible), then alimony is prescribed in the form of a fixed amount.
- a combination of two options - taking into account a percentage of the salary and a fixed amount.
The court has the right to both reduce the amount of alimony for the mother and increase it if there are serious grounds for this. But even if the defendant does not have a stable income, this does not exempt her from paying child support.
Sources:
RF IC Article 80. Responsibilities of parents for the maintenance of minor children
RF IC Article 81. Amount of alimony collected from minor children in court
RF IC Article 83. Collection of alimony for minor children in a fixed sum of money
RF IC Chapter 14. Alimony obligations of spouses and former spouses
RF IC Article 107. Time limits for applying for alimony
Tax Code of the Russian Federation Article 333.36. Benefits when appealing to the Supreme Court of the Russian Federation, courts of general jurisdiction, and magistrates
Application for maintenance of the mother of a child until he reaches 3 years of age
If you have every reason to demand this type of content, you must file a claim in court.
The application must contain information about the grounds and amount of payments.
To a claim for alimony for the maintenance of a former spouse, you must attach :
- Certificate of income, plaintiff and defendant.
- A certificate from the passport office about the place of residence.
- Birth certificate.
- Court decision to establish paternity (if necessary).
- Certificate of divorce (conclusion) of marriage.
If necessary, the magistrate may request additional documents.
What to do after submitting?
If the application for the collection of alimony for the mother and child is drawn up correctly, and all the necessary documents are attached to the case, then legal proceedings in this case begin. After filing a claim, the procedure will be as follows:
- the court sends the plaintiff and defendant a notice indicating the date of the upcoming court hearing, at which both parties must appear;
- the plaintiff must present at the meeting all evidence of his need for financial assistance from the defendant;
- after hearing both sides, the court will make a decision on the case;
- if the court satisfies the claim, then the applicant is issued a writ of execution, which indicates the obligations of the alimony payer in accordance with the court decision;
- The writ of execution must be transferred to the bailiff service, who will collect the amounts required by law from the defendant.
Important! If the payer does not have the funds to fulfill the obligations to pay alimony, then they can be obtained by selling the property he owns.
The amount of alimony for the maintenance of the ex-wife
When preparing a claim for alimony for the child's mother, the question arises: what amount of alimony can you receive?
Alimony for an ex-wife in 2021 is paid by the father of the child until he reaches the age of 3, monthly and in a fixed form.
The amount of these payments is calculated based on the minimum wage in the plaintiff’s region of residence, taking into account the subsistence level. As a rule, the amount of child support for a mother up to 3 years does not exceed the subsistence level.
However, the indicated size may be significantly higher, taking into account certain life circumstances, for example, the mother’s prolonged illness.
If there is no established cost of living in your region, the average for Russia is used for calculation. When this indicator changes, the amount of alimony is indexed accordingly. This happens without additional statements, automatically.
Amount of child support for the mother of a child under 3 years old
At the moment, the law does not establish one single amount of alimony, which can be based on the maintenance of a woman with a child who has not reached the age of 3. Here the judge will simultaneously take into account a number of circumstances:
- financial situation of each party;
- their marital status;
- possible additional income;
- health status;
- presence of other dependents and financial responsibilities.
For this type of alimony, only a fixed form of monthly payments is inherent. It is established based on the cost of living in a given region, as well as the needs of the plaintiff. In each specific case the size will not be the same. This can be either 2 living wages or strictly the minimum amount. In the future, with an increase in this indicator per capita, alimony is indexed, as a result of which it will also increase (Article 117 of the RF IC).
If the issue of alimony payment was decided by mutual consent of the parents, then they have the right to independently determine the fixed amount of alimony payments, but not lower than the level established by law (Article 103 of the RF IC). As practice shows, usually a father has to give almost half of his earnings to support his wife and young child.
Changing the amount of alimony
As with other types of alimony, payments to the wife during child care can also be changed up or down. Such a requirement is put forward when the interests of one of the parties are infringed. Most often, the father demands a change in alimony, namely its reduction, by writing a counterclaim with the claim that the remaining amount does not cover his expenses, which are classified as vital. In order for the court to satisfy this request, the alimony payer will have to provide not only strong arguments, but also support all this with evidence - certificates, checks, testimony. The question of increasing the amount of alimony, when the mother files a second claim, must also be supported by certificates, for example, about a sharp deterioration in health or deprivation of permanent living space. If the collection of alimony occurs under a voluntary notarial agreement, then after discussion between the parents of changes in the amount of subsequent payments, the final agreement must be recorded on paper, certified and supported as an addition.
Sample application to change the amount of alimony
The procedure for collecting alimony for the maintenance of a non-working mother
During the trial, the court, taking into account all the circumstances, if there are all the necessary grounds, will decide to satisfy the claims and collect alimony for the maintenance of the mother of a child under 3 years of age.
This decision is provided to each of the parties, and if within 30 days from the date of its issuance in final form it is not appealed, it is sent to the bailiff service by the applicant.
Where does enforcement proceedings begin to collect alimony for the maintenance of the ex-wife and children.
If the mother subsequently gets a job, she loses the right to receive this type of maintenance.
Documentation for the claim
All information specified in the claim form must be supported by documentary evidence and testimony of witnesses.
Basic documentation:
- child's birth document;
- characteristics of a minor (from the place of study, from institutions of additional education);
- applicant's passport;
- characteristics of the mother (from her place of work, school, from the police, from neighbors);
- extract from the house register;
- information that proves the grounds for deprivation (court verdict on malicious evasion of alimony, murder or harm to the health of a child’s relative).
Confirmation of authority of the plaintiff:
- order appointing guardianship and certificate (for the guardian);
- agreement on the creation of a foster family and a certificate (for the foster parent);
- power of attorney, order to place the child under supervision and resolution to appoint a director (for an orphanage specialist);
- power of attorney from the municipality (for the guardianship department).
Who can receive alimony
There are several conditions for a woman who has a small child in her arms to be able to count on receiving alimony.
First of all, the child’s mother can count on alimony for her maintenance up to 3 years, but on the condition that the son (daughter) was born within the framework of an official marriage.
A non-working mother will be required to provide evidence that she really needs financial assistance in raising a child. Therefore, you should collect all the necessary information in advance.
If a woman is raising a small child born into an informal family, then she is unlikely to have to count on alimony in her favor. However, she has the right to receive alimony payments on a general basis.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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Note! Current legislation does not provide for the possibility of receiving alimony for the mother of a child outside of marriage. When filing a claim in court for the maintenance of the mother of a child under 3 years of age, the woman will be denied.
Grounds for alimony payments
By law, parents are required to take care of and support their children until they reach the age of majority, and in some cases, even after the child reaches 18 years of age, parents are not relieved of their obligation to provide financial support.
Art. 89 of the Family Code of the Russian Federation (FC RF) obliges spouses to financially support each other . They acquire such obligations if their marriage relationship is formalized.
If the spouse and father of the child fulfills his obligations voluntarily and in full, then there is no reason to apply for the recovery of funds. But if the husband refuses to provide financial support, then the wife has the right to file a claim in court to collect alimony for the child, as well as for herself. Article 89 and Article 90 of the RF IC list cases when a spouse has the right to go to court to recover funds.
Important! The spouse can file a statement of claim for the recovery of alimony during the marriage, as well as after its dissolution.
You can go to court with an application to collect alimony for the child and mother in the following situations:
- the spouse is disabled and needs financial support;
- the woman is expecting a baby;
- the mother takes care of the child under 3 years of age;
- a needy spouse is raising a disabled child;
- the woman became unable to work during the marriage, or within one year after its dissolution.
When filing a claim in court to receive alimony not only for the child, but in her own favor, a woman must provide significant evidence that she really has no income, and to ensure a normal standard of living she requires a specific amount of money from her spouse.
The court will consider all the evidence, and at the meeting a decision will be made establishing specific amounts of money that the payer will be obliged to pay in favor of the child’s mother.
Most often, mothers try to recover alimony based on a court decision for child support. You will learn more nuances of this procedure from special publications of our experts:
- Which court to file a claim in, how to do it correctly and how to pay the state fee?
- What is the statute of limitations and what documents may be needed?
- How to write a complaint about the inaction of bailiffs?
Is it possible to collect a penalty?
If alimony is not paid on time, then the law provides for a penalty. The Family Code stipulates a penalty of half a percent for each day of delay.
You can also calculate the approximate amount of sanctions on our website online. A special alimony penalty calculator has been created for this purpose. The calculation results can be compiled into a separate document, printed and attached to the lawsuit.
However, before presenting it, you should take a certificate from the bailiff regarding the amount of the debt. It is advisable to order it by month. This will make it much easier to calculate the total amount of sanctions.
It is also necessary to remember about the existence of a statute of limitations in relation to the collection of penalties. It is 3 years after the child reaches three years of age. In addition, the former spouse has the right to reduce the amount of alimony, if there are grounds.
If my husband doesn't pay, what should I do?
Most mothers ask the question: My husband does not pay alimony for my maintenance, what should I do? Where should I go?
In fact, there are several ways to force a debtor to fulfill his obligations to his ex-spouse. The penalty has already been mentioned, but there are several other methods (domestic and legal).
You can write a complaint to your ex-husband at your place of work. It is possible that the administration will use certain leverage against him.
And also in some cases, contacting the prosecutor’s office helps. They themselves have no right to collect alimony. But instructions that must be followed will be sent to the necessary authorities.
The form can be viewed on the page: Sample complaint to the prosecutor about the inaction of the bailiff.
Through the bailiffs, you can try to deprive your ex-spouse of his driver's license until he pays off the debt.
However, in this case, it is necessary that the amount of unfulfilled obligations exceed the threshold of 10 thousand rubles.
With the same amount, the question of limiting freedom of movement can be raised. With this option, the ex-spouse will be prohibited from leaving the Russian Federation.
We should also not forget about administrative or criminal prosecution of the debtor. First come administrative sanctions. If they do not help, then the bailiffs have the right to initiate a criminal case.
In any case, the mother herself has the right to decide how best to protect her rights.
Application for maintenance of the mother of a child until he reaches 3 years of age: what needs to be taken into account, recommendations
The court determines payments for the mother and small child separately. Several factors are taken into account. First among them is the financial situation of the alimony recipient.
In addition, I would like to give practical advice:
- In the claim, the woman must justify her need for maintenance from her ex-husband. If there are documents to support the arguments, copies of them are also attached.
- Evidence of ongoing expenses for the child may be required. Therefore, it is advisable to keep copies of checks, receipts
- It is not superfluous to place special emphasis on the fact that the ex-spouse has sufficient capabilities both to support the baby and his mother.
The court issues separate writs of execution for 2 types of alimony. The fact is that bailiffs can work with them in different ways. Consequently, further monitoring of the progress of enforcement proceedings should not be neglected.
Author: Oleg Vladimirovich Roslyakov, source.
