More and more in real life there are child support payments. Do I need to pay them at all? When can a wife demand money for her maintenance? In what sizes? And is it possible to somehow avoid child support for his wife? The answers to these questions will be surely found below. In fact, everything is not as simple as it seems. After all, the family is a certain responsibility. Not only for themselves and the child, but also for the spouses.
Content Right
Does the wife have the right to child support? Can she, under any circumstances, demand money from a spouse?
By law, husband and wife are required to support each other. The Family Code provides for a mutual solution to financial and domestic issues. But under certain circumstances it is necessary to fully support the spouse.
This means that wives have the right to alimony for themselves. But only if certain conditions are met. An able-bodied woman cannot demand money for her needs just like that.
Civil marriage
But there are always exceptions. Relationships are different. Some couples choose not to be legally married. In this case, alimony for the spouse is not laid. The thing is that the so-called civil marriage (cohabitation) has no legal force. Alimony for a common-law wife (or husband) does not need to be paid under any circumstances. Keep the child - yes, but not the second spouse.
This means that in order to recover child support, you must be married. Or get a divorce from a potential payer. Former spouses can also qualify for financial support.
Marriage and money
Alimony for a wife in marriage is a fairly common picture. In Russia, it is gaining momentum. A woman, as already noted, has the right to financial support from her official husband.
This means that marriage does not remove alimony obligations from citizens. If, if there are grounds for financial support, the spouse still refuses to support his wife (or child), it is permitted to force him to call for family support. Divorcing is optional.
Reasons for child support
Alimony for a child and a wife must be paid. A able-bodied man is obliged to support his disabled family members. In our case, we are talking about wives and children.
The spouse is entitled to child support in the following cases:
- A woman is disabled (2 or 1 groups).
- At the time of treatment, pregnant.
- The family has a common child under 3 years of age.
- A woman caring for a disabled child.
- Provides care for an adult child with a disability from childhood, having 1 group of disabilities.
In all these cases, spousal support may be awarded in court. But experts recommend peacefully resolving such issues. Unfortunately, this is not always possible to do.
The end of the relationship
Some men believe that divorce completely relieves them of the family burden. But this is not so. The Family Code indicates that even after a divorce, husband and wife under certain circumstances have obligations to each other. Alimony for the spouse after the divorce can be assigned in court. The basis may be one of the following situations:
- The ex-wife is pregnant.
- The spouse is on maternity leave.
- The wife needs and cares for a disabled child.
- The ex-spouse has the status of incapacity for work, provided that he was received in marriage or within 12 months after his dissolution.
- A woman is a pensioner (no more than 5 years have passed from the moment of breaking the relationship).
It is important to bear in mind that the judiciary usually studies the duration of the relationship. If the husband and wife have been married for a long time, then alimony for the spouse is usually assigned. In short-term relationships, the court, as a rule, releases the spouse from maintenance obligations in relation to the spouse.
Short-term marriage is considered to last up to 12 months. Long relationship lasts more than 5 years. The gap between 1 and 5 years is a marriage of medium duration. In this case, the court will thoroughly evaluate all factors in resolving maintenance issues.
Payout Sizes
The next important nuance is the size of material support. Many are interested in how many percent of alimony for a wife are. Indeed, in the case of financing minor children, everything is extremely simple and clear. With spouses, the situation is somewhat different.
It is difficult to answer how many percent alimony for a wife will be. The thing is that the court will decide on material support for the spouse after studying the submitted papers with calculations. Typically, payouts are assigned in hard cash. The amount of child support depends entirely on the degree of need of the wife.
Dodging Methods
Is there any way to not pay my ex or current spouse? This topic bothers many men. Especially those who recently broke off official relations. Yes, in certain circumstances, child support can be avoided, but not for children. The financial support of the spouse has many features. And they must be taken into account.
Spouse support may not be paid if:
- the child (general) is over three years old;
- the husband does not refuse to support the spouse and regularly allocates her a sufficient amount of money;
- the wife cannot prove her need or disability.
This is not an exhaustive list of cases. There are others where you can not pay child support. For more accurate information, it is recommended to contact lawyers. Only they can say for sure whether it is possible to refuse to support the spouse in a particular case. 
Unemployed citizens
Can alimony be collected from an unemployed citizen? Often men work informally. Then the family actually has money, but it is impossible to prove their presence or it is very problematic to do this.
Alimony from an unemployed husband to a wife is not assigned. In the same way as with a disabled wife. The IC of the Russian Federation states that a spouse can claim funds for his support only when the other half has enough money. In other words, with official employment. If the potential payer does not have income, then with a higher degree of probability it will not be possible to achieve child support.
The situation is different with minor children. The thing is that in this case, the lack of work is not a basis for evading child support. The child will have to allocate money under any circumstances.
Reasons for child support failures
Alimony in marriage is found in Russia more and more often. As practice shows, spouses cannot agree on family financing and resolve such disputes in court. Under certain circumstances, spousal support may be refused. This is possible if:
- the wife left the decree and began to work;
- the child (healthy) is over 3 years old;
- the woman has entered into a new marriage.
But that is not all. The real life of the plaintiff and defendant will also be taken into account. Alimony for a wife is not assigned, provided:
- inappropriate behavior of the spouse during marriage (treason, cruelty and so on);
- the presence of alcoholic or drug addiction in the wife;
- commission of an intentional crime.
It follows that far from always women can claim material support from spouses. Only the existence of certain grounds for refusing financial support will have to be proved.
Documents for the claim
Alimony for the maintenance of the spouse is usually assigned in court. It is necessary to file a claim with the district court. The plaintiff must bring some documents with him. It may vary depending on the situation.
Nevertheless, most often, in order to realize what is desired, the following papers will be required:
- applicant's passport;
- a lawsuit with a detailed justification for the alimony;
- certificate of marriage (or its dissolution);
- income statements of the plaintiff and defendant;
- certificate from the place of work of the potential payer (if there is no exact income data);
- medical report (on disability, pregnancy);
- birth certificates of all common children;
- documents indicating adopted minors (if any).
In addition, any evidence that could indicate family need is needed. These may be testimonies and checks indicating family purchases. This item will have to be given special attention. After all, the lack of evidence of the existence of one or another reason for assigning alimony to a spouse is a reason for refusing a lawsuit.
The state duty for this application is not paid. A claim for alimony for a wife / husband does not require any additional costs.
Change in payout
Financial support for spouses is their legal duty. Alimony for the spouse can be paid:
- by mutual agreement (by oral agreement);
- based on a court decision;
- by child support agreement;
- using a marriage contract.
It should be noted that a change in the life circumstances of the payer and recipient of money affects the size of payments. Alimony can be reduced or increased, but only if there is reason.
For example, a reduction in payments occurs when the following circumstances exist:
- the payer has worsened financially;
- the husband lost his job for reasons beyond his control;
- the spouse has changed marital status;
- children are born;
- a man has dependents in the face of needy disabled parents.
findings
In fact, child support is not a fairy tale for negligent husbands. The maintenance of a disabled wife is the responsibility of the able-bodied spouse.
The situation with alimony for his wife is mixed. The court decision depends on the financial situation of each spouse. Therefore, it is impossible to say exactly when child support will be assigned, and when not. The main thing is that a similar measure of support for spouses takes place in Russia.