Family legislation stipulates not only the obligation of parents to support their own children, but also certain obligations to support each other by spouses. Nevertheless, the maintenance of the mother is paid in strictly defined cases, the list of which depends on the presence of a registered marriage.
Child support and child support are different legal concepts, although many citizens mistakenly confuse them. The obligation to support the mother arises only in cases strictly defined by family legislation, while alimony is paid voluntarily or collected from the spouse forcibly if there are minor children. The legal basis for the claim for the payment of the child's mother is the provision that the spouses are obliged to financially support each other. That is why the legislation proceeds from the need to provide a certain support to the mother of a common child in those periods when she cannot provide for herself for certain reasons.
When mother's support is paid in marriage
If the marriage is not dissolved, then the mother will have to pay the maintenance in the event that she is unable to work, needs financial assistance. In addition, the wife is paid during the period of her pregnancy with a common child, as well as within three years from the birth of this child. Finally, a mother has a corresponding right when she independently takes care of a joint child who is disabled (until he reaches the age of majority) or takes care of a child recognized as disabled since childhood.
When you need to pay maintenance in case of divorce
In some cases, the obligation to pay maintenance arises after the dissolution of the registered marriage. The grounds for the corresponding cash payments are duplicated with the above reasons for receiving money directly in marriage. An important condition for the recognition of the eligibility for the described guarantee in all cases is the sufficient income of the child's father, which should allow not only to pay alimony, but also to support the mother.
Fixed amounts of payments for the mother are not legally established, the spouses can determine them independently, for which a special agreement is concluded. If there is no such agreement, then the amount of maintenance is determined by the court on the basis of a study of all the circumstances, including the financial situation of each spouse, the number of children, the possibility of employment, sources of income. In this case, maintenance can be assigned in a fixed amount, which will have to be paid every month.
