The officially registered relationship between husband and wife is not a panacea for all problems. Even after the wedding, the couple can not solve these or other issues. For example, related to finance. Sometimes it happens that the spouse puts his interests above family interests, and also limits the money of the second family member. For example, she completely refuses to contribute to the family budget. Then you need to think about whether it is possible to file for alimony without a divorce. What do experts say about this?
Legislation
Some believe that child support is awarded only with a divorce. But actually it is not. Parents are required by law to support all their minor children. And the presence or absence of officially registered relationships does not affect the rights of children to finance.
Accordingly, if one of the parents evades his obligations, you can force him to fulfill them. Then a lawsuit is filed for child support, even if the husband and wife are married.
Who can I ask
But that's not all. Can I file for alimony without a divorce? Yes, such a right is granted to all spouses. Especially for those who raise children and thus contribute to the family.
According to the established legislation, in Russia it is possible to file for alimony in marriage:
- on children;
- on yourself (in the presence of minor children under 3 years old).
In practice, such situations are more and more common. Especially among families where one of the spouses is on maternity leave. Can I file for alimony without a divorce? Yes, and the court is obliged to consider the relevant claim. Having a marriage does not relieve the husband / wife of financial responsibility for the family.
Ways to solve the problem
There are several options for resolving this issue. The thing is that alimony can be collected from a citizen both by force and by mutual agreement.
How to apply for child support without a divorce? The following options are offered:
- registration of the relevant contract with a notary;
- appeal to the court with a claim for the appointment of alimony.
In this case, the first method is most welcome. The parties agree on alimony and sign a document indicating established agreements. With its help, you can do without unnecessary litigation.
Where to go
But mutual agreement to pay child support in Russia is rare. Usually, spouses either agree on words about issues related to the upbringing and maintenance of children / dependents (someone provides, while someone leads life), or share responsibilities in half. But if someone has decided to deprive the family of their livelihoods or is abusing their position as the main source of finance, you have to document the payment of alimony.
Where to apply for child support without a divorce? Can:
- contact a notary public;
- go to court (world) at the registration of one of the spouses (usually the one with whom the children are registered).
It all depends on the situation. If the spouses can agree on the procedure for financing minors and dependents, then they do it by a notarial agreement. Otherwise, you have to go to court. Unfortunately, it is the latter scenario in practice that takes place.
Women's alimony rights
Often financial issues in a family spoil relationships. Can I file for alimony without a divorce? Yes, both men and women have such a right. But the fair half of society is legally protected to a greater extent.
A wife may demand alimony from her husband:
- when in a state of disability;
- if there are common minor children living with her (or when the whole family lives together, but the father does not allocate money for minors);
- in the presence of disabled children without regard to their age (for example, persons with disabilities);
- when a woman is pregnant.
As a rule, if a girl cannot, for one reason or another, independently earn her livelihood (all of the above situations imply this), she is able to file child support for herself and children.
Procedure for going to court
And how to bring the idea to life? How to apply for child support without a divorce? Let's start by going to court. Indeed, in the case of a notarial agreement, it is enough to sign the corresponding agreement and certify it with an authorized person. Judicial debate raises more questions.
To file for alimony without a divorce, you will need:
- Collect a specific list of documents. It depends on the circumstances under which a claim for alimony is filed. An approximate list of required securities will be presented below.
- Make a claim for the appointment of alimony.
- Submit an application with the prepared documents to the magistrates court.
- Wait for the hearing and get a court decision.
In principle, this procedure is not much different from formalizing child support in a divorce. The main differences are in the documents attached to the application.
Documents
So which papers can come in handy? In order to make child support without a divorce, you have to bring to court:
- statement of alimony (drawn up when applying to the judiciary);
- passports of the parties;
- birth certificates of children;
- certificates of registration of minors;
- any documents confirming the spouse's disability;
- evidence of the spouse's refusal to support children and the disabled wife (if any);
- family income statements;
- a check indicating payment of state duty.
If the income statement of the husband (defendant) could not be obtained, you can indicate this in a statement. It is also recommended to register the spouse's place of work.
Claim Procedure
What does the correct sample of a child support statement look like without a divorce? Composing it is not as difficult as it seems. It is enough to follow some rules.
Namely:
- Execute the document in accordance with the established rules. A cap with the name of the court, the initials of the judge and information about the plaintiff and defendant is written in the upper right corner of the sheet. Further in the center of the sheet is written "The statement of claim for the support of child support ....", after - the clarification ("for the child", "for myself and the children").
- The main part of the lawsuit is a detailed description of family life. Here it is necessary to register who makes any contribution to the family, where the cell of society lives, and so on.
- Toward the end of the main part (or at the very beginning) it is recommended to write why the spouse cannot support herself (if the claim for alimony is filed not only for children). If the plaintiff has an income, its amount will have to be prescribed with a detailed indication of the required amount of funds for a normal life. Of course, all decisions need to be justified.
- After that, it is indicated that the defendant is aware of a lack of funds and does not react to this in any way. It is advisable to have some kind of evidence.
- Complete the claim by indicating the amount required as alimony. At the end of the application, the date of its preparation is written and the plaintiff's signature is put.
That's all. Knowing these rules, you can easily figure out how the collection of alimony will occur without a divorce. But what if you want to resolve the issue without trial?
About the notarial agreement
Then, as was said, you can turn to a notary public. It is enough to draw up a detailed agreement on the payment of alimony for the spouse and children and sign it. Documents are provided exactly the same as in litigation.
The only difference is that in this situation, money is paid voluntarily, and not by force.If even after a notarial agreement the spouse does not allocate funds for the maintenance of children and dependents, it is only necessary to resolve the issue in court.
Sample claim
Below is a sample application for alimony without a divorce. This document is a template, using which you can go to court to obtain finances for yourself and for the child. There is nothing difficult or special in the studied procedure.
Can I file for alimony without a divorce? Yes, but in a family it is better to resolve such issues without litigation. Only as a last resort is it recommended to go to court.