In order not to pay alimony for his wife, the alimony payer will need to prove the existence of one of the circumstances that are the basis for exemption from this obligation. Proofing is carried out in the course of court proceedings, and the release from alimony occurs after the entry into force of the corresponding court decision.
Family legislation of the Russian Federation establishes a number of cases when a former or current spouse must pay alimony for the maintenance of his wife. In particular, such an obligation arises when the wife is incapacitated, during her pregnancy, and also within three years after the birth of a joint child. In addition, the obligation to pay alimony arises if a needy wife takes care of a common disabled child up to 18 years of age, a common child who has been a disabled person of the first group since childhood. In this case, the amount of alimony is established by the court in a fixed amount, and the exemption from their payment occurs in cases strictly defined by law.
Under what circumstances can you ask for an exemption from child support?
The law establishes an exhaustive list of grounds under which a payer of alimony for his wife can be exempted from paying them. So, such a right arises when the wife is incapacitated as a result of her deliberate crime, alcohol or drug abuse. In addition, a former spouse can apply for release if he has been married for a short time. Finally, liberation can follow when the wife behaves in the wrong way in the family. The listed grounds for release are not specified in the Family Code of the Russian Federation, therefore, the court usually approaches the assessment of each of them individually.
How to issue an exemption from alimony?
To obtain an exemption from paying alimony for a wife, you will need to draw up an application to the court. The application should provide a specific basis on which the payer intends to be exempted from paying alimony. The appendix to the application should provide evidence confirming the existence of the stated circumstances. So, as evidence of a short stay in marriage, you can submit certificates of its conclusion and dissolution.
If you need to prove the abuse of alcohol or drugs by your wife, you can submit medical documents, testimony of witnesses. When committing an intentional crime, documents obtained from the investigative and judicial authorities should be attached. If the court recognizes the stated grounds and evidence as essential, then it will satisfy the application and release the spouse from the payment of alimony. When the wife applies for the recovery of alimony, the indicated evidence and arguments can be presented in the same court session by the husband, who acts as the defendant.
