Increasingly, men in Russia complain: "My wife filed for child support." Similar situations are not as rare as before. In modern Russia, women quite often face situations in which a strong half of society refuses to fulfill their male duties. It is about providing a family and a child. Because of this, disputes constantly arise. What you need to know about maintenance obligations in Russia? Who, when and under what circumstances is entitled to them? Can I not pay the assigned amounts? To answer all this is not difficult. Enough to study the basics of Russian legislation.
The concept of alimony
The first step is to understand what is at stake. What is called child support in Russia?
Under this concept, it is customary to mean funds paid with a certain periodicity (usually monthly) in established amounts. Money is spent on the maintenance of a citizen.
Today in Russia you can face alimony:
- on children (the most common situation);
- spouse (usually wife);
- on parents.
Have a citizen wife filed for child support? Does she even have the right to do so? It is difficult to answer the question posed. It all depends on the specific situation. Next, various scenarios will be considered.
Common law wife
Let's start with the simplest cases. For example, when a common-law wife filed for child support. What can she count on?
In Russia, only official husbands and wives can receive maintenance guarantees from former and current spouses. This means that civil marriage does not give the girl any rights. But there are exceptions.
Which ones? If we are talking about child support for common children. Even if they were born out of wedlock, the mother may go to court to order child support for minors. To do this, you have to prove the fact of paternity.
Accordingly, in this case, the common-law husband will pay only for the maintenance of common minors. But for the life of the former common-law wife, he does not answer in any way. No need to worry. The exception is cases in which a girl is on maternity because of caring for a common baby. Then, up to the age of 3 years, the child will have to fully support both the child and his mother. Even if she was a common-law spouse.
Alimony for wives in marriage
"The wife filed for child support. We live together. What to do?" - Questions of this kind are often asked by modern lawyers. Unfortunately, filing for child support in marriage in Russia is becoming more and more common. This is the legal right of the spouses.
It should be noted that wives have the right to demand full marriage in the following circumstances:
- providing care for children until they reach 3 years of age;
- caring for a common disabled child who is under 18 years of age (while this means proven need);
- during pregnancy;
- care for a common disabled child of group 1 (regardless of age).
But that is not all. Any official wife can think about how to file for alimony in marriage. Especially if she provides care and raising common children. For example, by agreement with her husband.
Need
Can a wife file child support if a marriage is registered between a man and a woman? Yes, this is quite normal. The husband, too, in certain circumstances, may demand maintenance from his wife.Only in practice, the court in Russia takes the side of the weak half of society.
The main criterion by which the payment of alimony is assigned is the need of the spouses. In addition to the cases already listed, the following situations can be distinguished in which you can demand money for maintenance:
- the former spouse became incapacitated until the termination of officially registered relations;
- husband / wife incapacity for work occurred within a year from the date of divorce;
- a citizen who has been married for a long time has retired (if this happened no later than 5 years after the breakdown in an official manner).
As a rule, if the wife has filed for child support, the husband begins to think about ways to evade such obligations. Are there any cases in which money for the maintenance of the spouse is not recoverable?
When child support is not assigned
Yes. As already mentioned, the current restrictions apply to both men and women. That is, spouses in an official marriage have the same rights. But in practice, it is women who are given more freedom. This is a normal experience in modern Russia.
Alimony for the maintenance of a wife in a marriage (and after it) is not paid if:
- the spouse's incapacity for work came as a result of her behavior;
- with a short marriage (up to 1 year inclusive);
- the potential recipient of alimony behaved inappropriately (violated legal and moral standards of conduct, committed a crime against the payer of alimony).
The studied topic has no more features. Matters related to alimony are almost always resolved in court. It is almost impossible to come to a peace agreement. Especially if the wife filed for child support without a divorce.
Pregnancy and child support
As already mentioned, a pregnant woman has the right to full support from her spouse. The presence of marriage does not affect this feature. The main thing is that the girl has a common baby.
A woman has the right to go to court for child support if the child was born no later than 300 days after the termination of the relationship. In this case, the former spouse is the alleged father of the newborn. Such a decision can be appealed in court.
All pregnant wives can apply for financial support to a husband by law. The Family Code of the Russian Federation indicates that the "interesting position" of the spouse is the basis for its full maintenance. A certificate of pregnancy is enough to recover finance.
Wife filed for child support? If she is in an “interesting” position, the court will examine the spouse’s solvency, after which she will appoint payments to support the woman. In some cases, it is possible to agree on specific payments.
Decree
Can a wife file an alimony while in official relations? Yes. Especially if she is on maternity leave because of caring for common children. This is a fairly common occurrence.
In this case, alimony for the maintenance of the wife in the marriage will be calculated taking into account the financial situation of each spouse. In the legislation of the Russian Federation there is no clear indication as to how much money can be required when caring for a child. Usually the exact amount is tied to the cost of living in a particular region.
Former wives
Can an ex-wife file child support for her upkeep? The answer is simple - yes, but only in certain circumstances. What is this about?
In addition to all the previously mentioned features, the wife has the right to financial support from the former spouse, if:
- a woman received 1 or 2 disability groups in a marriage or no later than a year after its dissolution;
- the plaintiff retired no later than 5 years after the divorce, but before that the couple had lived together for a long time.
As has already been emphasized, under such circumstances the criterion of need is taken into account.If the former spouse is not recognized as a person who is in a difficult financial situation, you do not need to pay for her maintenance.
New marriage
But that is not all. Ex-wife filed for child support? It is important to take into account the fact that such a right when recognizing a citizen in need of material support will not always be preserved.
You don’t have to worry if a woman takes up a personal life. The introduction of a new marriage relieves the former spouse of the responsibility for the maintenance of his wife. This obligation is fully transferred to the new husband of the woman. Therefore, there is no need to worry if the ex-wife, who officially entered into a new marriage, decided to apply for child support.
Lack of work
Life is unpredictable. Therefore, it is often necessary to deal with unusual situations. "My wife filed for child support, and I'm unemployed. What should I do?" - Questions of this type are not so rare. In addition, you may encounter informal employment with a spouse. What can a woman expect in this case?
Is your current or ex-wife applying for child support? What to do? It is enough to prove the absence of official income. A woman can apply for her maintenance only when the man has the opportunity to pay. This means that the absence of official work is the basis for exemption from alimony. But not in all cases.
In practice, even under such circumstances, you can demand money from your spouse. Justice is difficult, but possible. The wife will have to prove the spouse's informal earnings or his solvency. Only then will she be entitled to receive money "for herself."
Registration
And how to file for child support in marriage? What does that require? If you can’t negotiate peacefully with your spouse, you will have to go to court. District disputes deal with such disputes.
When submitting documents for the appointment of alimony, it is required to prepare:
- lawsuit;
- applicant's passport;
- certificate of marriage / divorce;
- birth certificates of all children;
- pregnancy certificate (if available);
- documents confirming the income of the parties;
- statements indicating the husband’s earnings and withholding payments from his salary;
- pensioner's ID;
- health certificates (plaintiff, children);
- statements indicating that the child is dependent.
Usually this list is enough. You can report any documents to the listed papers that can confirm the fact that a woman needs material support from her spouse.
Children and child support
The situation is a little different if the wife filed for child support. By law, both parents are required to support their minor children. Therefore, the mother, even if she is the defendant's ex-wife, has every right to receive child support. An exception is the residence of minors with their father. In Russia, such cases are extremely rare.
How much will you have to pay? You may encounter child support prescribed in solid sizes. Then the amount of payments will not be tied to the salary. The court itself will decide how much money the father will have to pay for one or another minor.
Most often, women file child support as a percentage of earnings. In this case, by law, you can calculate:
- 25% of her husband’s income - for 1 child;
- 33% of monthly earnings - for 2 children;
- 50% of income - with 3 or more children.
Another caveat - the lack of work for parents does not relieve them of responsibility. This means that even if the father is not officially employed, he will be required to pay child support. On the wife - no, and on minors - yes. Money will be withheld from benefits and other payments due to the citizen. If the father does not have finance, the payer accumulates debt. It will have to be extinguished sooner or later.
Arbitrage practice
Wife filed for child support? Similar situations are found more and more.It should be noted that even after a divorce, a woman (or man) can apply for material support from the former spouse. The main thing is to prove your need. It ends by default after a new marriage.
From now on, it is clear how to act if you want to file for alimony in marriage. Despite this, families are encouraged to come to a peace agreement. It is either in court or with a notary public. So to solve all the features associated with the financial support of the former spouse, it is faster.
In practice, if the wife has filed for child support, this is often due to the fact that the current husband refuses to fulfill his duties. Especially if a woman is in a vulnerable state - pregnancy, caring for common children. Therefore, most often the court takes the side of women. If the husband submits alimony in marriage, he will not succeed in obtaining payments from his wife with a 99% probability. Only when it comes to the maintenance of minor children.
Summary
Now it’s clear what to do if the wife filed for child support. It is enough for a man to prove his lack of official income (for example, quit), so as not to pay the woman at all. These are the rules that are valid in Russia today. A wife cannot get a penny from her husband if he does not have money.
The situation is different with child support. In this case, you have to pay in any case. But you can try:
- determine the place of residence of minors with their father, then the child's mother pays child support;
- to deprive mother of parental rights - money is not paid to a woman in principle;
- to restrict the mother in the rights of the parent - the right to alimony is lost.
There are no more options for the development of events. In the case of common-law wives, one can try to prove that the child is not from the defendant. Nobody is obliged to pay money for the maintenance of other people's children. Otherwise, common-law wives have no real rights to financial support from the spouse. You can’t demand it.