In the event that the father of the family does not bring home a salary, does not live with the family, or in any other way avoids the obligation to support the children, he can be forced to pay child support. Moreover, it is not even necessary to divorce him.
For many women, filing alimony without divorce is a good way out of a situation when children need to be fed, but for some reason they do not want to ruin the marriage. Or for those who want to first issue compulsory payments for children, and only then engage in divorce proceedings.
It should be noted that the registration of alimony is not directly spelled out in the law, but the essence of this directly follows from some provisions of family law.
In addition to children, wives during pregnancy and within 3 years from the birth of a baby and disabled needy spouses have the right to alimony without divorce. In this case, the fact of incapacity for work will have to be proved.
Registration procedure
Alimony can be arranged voluntarily, out of court. This is called a notarial agreement on the payment of alimony. If the consent of the spouses is reached peacefully, they can turn to a notary and conclude an agreement on the payment of alimony, specifying the conditions, procedure and amount of maintenance. A voluntary notarial agreement has the same legal effect as a writ of execution.
This method is very convenient for both spouses. There is no need to go to court, the payer will be able to hide his status of "alimony" in front of the employer, save time and effort in court proceedings.
But if an agreement between the spouses cannot be reached, it is necessary to go to court. At the same time, the judicial procedure will be the same for both married and divorced spouses.
Amount of payments
This is one of the most important conditions of the alimony agreement, if it is concluded on a voluntary basis. According to the law, the amount of payments specified in the agreement must be no less than what is required by law. Namely: for one child - 25% of the spouse's income, for two - 33% of the income, for three or more children - 50%. If the spouse receives an unstable income, the amount of payments can be specified in a fixed amount.
If alimony is recovered through a court, the court decision on the amount of alimony will be determined according to the financial situation of the spouses, their marital status and other significant factors.
Recovery of alimony
If, in the presence of a voluntary agreement, the spouse nevertheless evades the payment of maintenance, the needy spouse turns to the bailiffs. And they, in turn, apply to the place of work of the "alimony man" for the production of the necessary deductions from his salary.
If the recovery of alimony passed through the court, a court order is issued to the needy spouse at his request. A copy of this order is also sent to the debtor. If the latter does not appeal against it within 10 days, the original of the court order goes to the work of the bailiffs.
