Alimony for children can be received even when the marriage between spouses is not dissolved. The payment of alimony is carried out voluntarily or by a court decision.
Russian legislation provides for equal participation of spouses in the maintenance, upbringing and treatment of their minor children. However, in our country there are often situations when the husband systematically fails to fulfill his obligations: he conceals income or cannot provide for his family due to low and irregular earnings, addiction to alcohol, etc. In this case, the wife can file for child support even without an official divorce. Sometimes a husband and wife do not maintain family relations, but cannot divorce due to difficulties with the division of property or other obstacles. This in no way prevents you from filing for alimony if the spouse refuses to support his children.
How to file for child support without divorce
The procedure is practically no different from the one that occurs during an official divorce. If the spouses were able to agree peacefully, they, together with a lawyer, draw up an agreement indicating the amount of payments and certify it with a notary. Otherwise, it is necessary to apply to the magistrate court with the requirement to collect alimony for a minor child or children. If the common child of the spouses is less than a year old, the woman can receive alimony for her own maintenance.
Documents and procedure for filing a claim for the recovery of alimony in marriage
You can apply to the magistrate's court in person or send all the necessary documents by registered mail. The main document is a written statement of claim indicating the full name of the plaintiff, the address of registration and actual residence, the full name of the defendant and his address (actual and permanent).
Several documents must be attached to the application:
- a copy of the marriage certificate;
- a copy of the birth certificate of the child or children;
- a certificate from the defendant's place of work.
Often, the plaintiff is not able to find the last document from the list, so it is permissible to indicate in the application that the defendant's place of work is unknown.
After filing the application, the magistrate within a few days must accept it for the proceedings of the court and initiate a civil case. The plaintiff can expect to receive 25% of the spouse's official earnings for one child, 33% for two children, 50% for three or more children. Sometimes it is possible to accrue alimony in a flat amount if the spouse does not have a stable income or his official salary differs significantly from the amount of actual earnings. The amount of alimony is also influenced by factors such as the spouse's health, income level and the presence of other children for whom he fulfills alimony obligations.
