Alimony is systematic payments in the amount of monetary amounts established by law, carried out by one of the parents of a minor child in favor of the other. As a rule, alimony is paid after a divorce, but if one of the parents does not want to give money for the needs of the child, while having an income, according to the law, the other parent can demand from him the payment of alimony without dissolving the marriage.
Instructions
Step 1
When one of the spouses goes to court, the amount of regular payments will be established by the court. But there is another way, when both spouses, by agreement, can themselves determine the sums of money and draw up an agreement on their own. In this case, it is necessary to certify it with a notary for the agreement to be legally binding.
Step 2
In the absence of such an agreement, the parent lodges a claim with the magistrate's court at the place of residence. The statement of claim for the payment of alimony in marriage must be justified by the failure of the second parent to fulfill its obligations to support the common child, the presence of disputes over the amount of financial support for the child, disagreements over the funds for his treatment, as well as education, etc.
Step 3
When filing an application for alimony, it must be taken into account that the court will charge only a certain percentage of the defendant's official income or establish a fixed amount of money. The amount of maintenance payments depends on certain factors, such as the state of health of the parent or child, the amount of income, the presence of other children with the spouse who is responsible for the maintenance. It is more expedient to require the establishment of a fixed amount of money if the spouse does not have official employment or if the income is unofficial or irregular. Proofs can be documents confirming the conclusion of profitable transactions, the purchase of expensive things, etc.
Step 4
To apply for alimony in court without divorce, you must collect the following documents: marriage certificate, birth certificate, income statement, etc. After your application is considered by the court, a certain decision will be made on it, which will come in a month into legal force. The Federal Bailiff Service monitors the proper performance of such obligations.
