Registration of alimony for spouses: how to formalize alimony payments for a wife or husband and what documents are needed for this

Why does this problem occur?

Basically, children stay with their mothers, because mothers are usually closer to their children and are able to give them everything they need morally. And the physical (money) in this case should come from the father, who is also the ex-husband. Or, on the contrary, due to some circumstances, the father becomes the guardian, so he can demand alimony from his ex-wife.

In most cases, the issue of alimony is resolved through the court. An application for the collection of alimony is submitted, a package of necessary documents is collected, and together with specialists this problem is resolved in court or voluntarily. It is better for both parties to reach an amicable agreement in advance and come to an agreement before the circumstances are clarified by the court, as this will help avoid unnecessary stress and effort. In addition, you can always meet each other halfway and maintain peaceful relations.

The problem of alimony in our country is not uncommon. This happens, because according to the law, the ex-wife must be provided for by the ex-husband and vice versa, even after a divorce, if they have a common child. The fact is that most often it is the wives who are left with the child, who at the same time must devote most of their time to the child and earn his support. Sometimes you have to agree even to a not particularly prestigious job, from which you won’t be kicked out if you leave for a short time. And this happens very often with young children. Consequently, the wife cannot have a permanent job, and this creates a need for money.

Procedure for obtaining alimony

The following describes the procedure for obtaining alimony by agreement and when going to court.

Agreement

When the text of the agreement is ready, the necessary documents are collected, the parties must visit a notary. He will check the contents of the transaction and, if necessary, help make amendments. Then you should sign the papers and have them certified. Notary services are paid .

Going to court

When filing alimony for a spouse through a court, you should draw up a claim according to the sample, attach a package of documents to it, and all this in triplicate (for the plaintiff, defendant and consideration at meetings) should be transferred to the magistrate’s court at the defendant’s place of residence.

In this case, there is no need to pay state duty.

Legislation and maintenance of ex-wife

The spouse can demand the collection of child support, even if the parents were not officially registered as a family. A sample application can be obtained from the court administration or on the Internet. Unfortunately, if the marriage was not registered, she cannot count on her own maintenance. Moreover, the mother is simply obliged to spend money on the child, and not on herself, and this is strictly punished by law.

You can demand child support from the father if the marriage has not been registered under the following conditions:

a mother can receive alimony for her maintenance from her husband if she is pregnant or raising their common child under 3 years old and, accordingly, she does not work;
if the mother is caring for a disabled child who is under 18 years of age;
a mother who is raising a group 1 disabled child herself has the right to demand alimony from her spouse for an indefinite period.

After divorce, you can request spousal support if the following conditions are met:

if the mother or expectant mother is taking care of a common child;
if the child has not reached the age of 3 years, by law the spouse must pay alimony to both the child and the mother, thereby setting a positive example for the child;
a woman can be recognized as needy if she is caring for a disabled child;
if the child is a group 1 disabled person, then alimony must be paid for the entire life of the child;
if the ex-wife for any reason was declared incapacitated during the marriage or within a year after its dissolution.

But it is worth remembering that if the spouse does not officially have income, or if he does, but not officially, and this cannot be proven, then the mother will not be able to receive a penny.

You may also be interested in:

Ways to refuse to pay child support
Indexation of alimony: grounds, procedure
How much child support is required for three children? (Examples of calculations)
Several ways to find out alimony arrears

Watch also the video about how to collect alimony for spouses:

When the claim will not be satisfied

The spouse should be aware that she will be denied alimony if the court finds that:

Loss of ability to work occurred due to alcohol and/or drug abuse, or as a result of the wife committing an intentional crime.
Her behavior in marriage can be described as unworthy.
She abuses her right to receive alimony (her financial situation is significantly higher than that of her husband, she has been noted to evade her responsibilities for caring for a common child under 3 years old, etc.).
The defendant's paternity is disputed.
The child was adopted by another man.

It should be noted that deprivation of parental rights by a father does not relieve him of the obligation to contribute funds to support the mother of his child.

Amount of alimony

As mentioned above, it is better to resolve everything peacefully among ourselves before the trial. Thus, you can determine the amount of alimony and the time of its payment yourself. It is very easy to find a sample of such a statement on the Internet and you need to sign it in the presence of a lawyer.

But if the husband resists, the mother has the right to sue. And then the amount of alimony will be set by the judge, depending on:

financial condition of both parties;
marital status and other significant factors.

The amount may vary depending on the possible salary of the defendant and the level of income received by the plaintiff. But the court is always fair and sets an amount that will allow the mother to live and support the child in normal conditions.

Documentation

The claim will not be accepted by the judge without a complete package of necessary documents. According to Art. 132 of the Code of Civil Procedure of the Russian Federation, it includes:

Drawing up a statement or agreement

A peace agreement between spouses can be concluded and will be effective only if it is certified by a notary.

And for complete certification you need to submit the following documents:

passports of both parties;
marriage certificate or divorce certificate (if available);
child's birth certificate;
an agreement signed by both spouses on the amount and payment of alimony to the child’s mother.

To file a claim in court, the mother needs to collect the necessary documents:

passport;
certificate of divorce;
Marriage certificate;
child's birth certificate;
an application to the court drawn up in accordance with all the rules.

How to write an application correctly

The rules for drawing up a statement of claim for the collection of alimony are prescribed in the Civil Procedure Code of the Russian Federation. It is important to adhere to them strictly, since any, even seemingly insignificant, mistake can cause the claim to be returned or abandoned.

Form and content

A civil claim in court must be made in writing. The method of presentation can be chosen as desired - the judge will accept the text written either by hand or using technical writing tools.

The list of required information is specified in the Code of Civil Procedure of the Russian Federation. According to Art. 131 Code of Civil Procedure is:

Full name, place of residence of the parties to the dispute (plaintiff and defendant);
name of the authorized judicial body;
explanation of the reasons for the appeal;
results of pre-trial conflict resolution;
requirements that, in the opinion of the plaintiff, must be satisfied by the court;
calculation of the amount to be collected from the defendant on a monthly basis;
date of application.

If other information would be valuable for an objective consideration of the case, it should also be mentioned in the claim.

The text of the appeal is presented according to the following structural plan:

Introductory part (better known as the “header” of the statement). It occupies the upper right corner of an A4 sheet and includes data on the full name and place of registration of the plaintiff, defendant, their representatives, the third party to the dispute, as well as the name of the court.
Descriptive part. Revealed below, after the name of the claim. It is the most comprehensive, since it must fully reflect not only the essence of the dispute that has arisen, but also the plaintiff’s arguments along with a brief statement of the defendant’s position (that he responded to the applicant to the demands presented out of court). It is important not to forget about calculating the desired amount of alimony. Its value is not established by law - it is determined individually, taking into account the level of needs and financial situation of the parties.
The pleading part. Here, after the words “Please,” the plaintiff’s demands are listed. Their formulation should be approached extremely responsibly, since they are the ones that contain the desired outcome for the applicant. The demands made must be justified by reference to points from the current legislation, thus reinforcing the legitimacy of your position.
Applications. The final part presents a list of documents, as well as photo and video evidence that the plaintiff will use as evidence.

At the end, under the main text of the application, the plaintiff signs and submits the date of filing. A representative vested with the appropriate powers by law or by power of attorney of the initiator of the claim has the right to do this instead.

Collection of alimony

If the debtor does not pay alimony voluntarily, then collection can be made with the help of the bailiff service. Also, if an agreement is drawn up and certified by a notary, but it is not fulfilled, the spouse has the right to go to court for enforcement proceedings.

How to receive alimony for a pregnant woman? A pregnant woman in any case has the right to alimony from her ex-husband, even if she is not his former or current wife. The main rule is that a woman should carry a common child.

And the husband, in turn, is simply obliged to have the means to support his wife, who is bearing his child.

Registration of alimony by a pregnant woman occurs in the same ways as in other cases: through a peace agreement or through judicial collection. Also, in case of refusal to fulfill the terms of the agreement, the expectant mother may demand through the court the payment of alimony from her ex-spouse forcibly.

Methods

If there is an opportunity to “peacefully” resolve the issue, you should definitely take advantage of it, since the procedure for registering a transaction is many times simpler and faster than resolving the same issue through a court. Therefore, it is recommended to first try to reach an agreement and only file a claim if unsuccessful.

Agreement

A voluntary agreement is a transaction that defines all the parameters of alimony payments for a spouse (terms, amount, indexation). It is drawn up in three copies , each of which is signed by both parties and certified by a notary . One sample is transmitted:

to the payer;
recipient;
to a notary.

Going to court

If the parties fail to reach an agreement, the recipient must go to court, although this procedure will require much more time and effort.

To resolve the issue in this way, you need to draw up a statement of claim, collect and attach a package of documents to it.

How to find out if your wife has filed for alimony

The surest way to find out about filing a claim is to call your ex-wife. But as soon as such a question arose, it became clear that this was not possible. Until the court makes a decision to collect alimony, the defendant is not a debtor, and therefore will not be able to find information about filing a claim in any database. They usually learn about penalties in three ways: the ID arrives by mail, a writ of execution arrives at work, and bailiffs come home. If the husband has an official place of work, then he will be notified in the second way. For bailiffs, this is the easiest and surest way to collect alimony.

How to cancel alimony for ex-wife

Wife maintenance is paid until the common child turns 3 years old. If a situation arises that the wife went to work earlier, it is quite possible to cancel the payment. But this can only be done in court. The ex-husband, who is sure that his maintenance is no longer necessary, due to the fact that his wife’s financial situation has improved, can apply to the court to cancel the decision. This service is far from free for the husband, and the judge’s decision is not always clear. If the calculations are incorrect or the income is not proven, the claim may not be satisfied or payments may be indexed, partially reducing them.

How to reduce alimony for wife support

If the financial circumstances of the parties have changed, a claim can be filed to revise monthly payments. Such a claim requires serious and proven grounds. It is possible to reduce alimony if the husband’s financial situation has worsened and he can no longer pay such amounts. Or, on the contrary, the spouse’s situation has improved significantly and she needs less help.