Alimony for the maintenance of his wife. Alimony for the maintenance of a disabled wife

Family law provides for child support. Spouse may have such obligations both during the marriage and after the divorce. Family support refers to child support funds. In the cases provided for by law, one of the family members is obliged to pay in favor of the parents, spouse or child.

Ways to pay child support

The obligation to pay alimony of a husband to his wife can be repaid in several ways:

1. Upon reaching an agreement between the spouses.
2. Voluntarily.
3. By indicating this obligation in a prenuptial agreement.
4. Through a judicial authority in a fixed amount.

When is it necessary to go to court?

In case of refusal to voluntarily pay the funds, the law gives the spouse the right to sue. Alimony for the maintenance of a wife is prescribed by law only in certain cases.

1. If the spouse is disabled or in need.
2. If the ex-wife went to court during pregnancy.
3. After a three-year period from the birth of the child, which is common to both spouses.
4. A needy wife lives and takes care of a joint child who has been since childhood disabled person of group I.
5. The spouse lives with a common child who is a disabled child (until he reaches the age of eighteen).

How is poverty determined?

Definition of need The Family Code does not. Therefore, the fact in question is determined by the court. Moreover, the consideration of the situation and decision-making is carried out individually. For this, the court compares the costs and revenues necessary to meet the needs.

If the wife does not have a source of income, then the court can establish this as means of need. Volatile incomes, as well as pensions and other benefits, are not sufficient for subsistence.

Who is eligible for child support after a divorce?

Alimony for the maintenance of the ex-wife is paid in the following cases:

1. During pregnancy and in the three-year period from the date of birth of the child, which is common to both spouses.
2. Needy ex-wife caring for a joint child with a disability since childhood of group I.
3. Spouse who is raising a disabled child. Payments must be made until they reach the age of eighteen.
4. When the disability and difficult financial situation of the wife are established. But with a reservation. If the spouse became disabled during the period of marriage, that is, prior to its dissolution. Or it happened within a year from the day of the divorce.
5. If the husband and wife have been married for a long time, then after the divorce, a needy spouse who has reached retirement age has the right to receive alimony if she goes to court with a statement or settles this matter by agreement. But this should happen no later than five years after the divorce.

The amount of alimony and the procedure for their payment may be determined by a court or agreement drawn up by ex-spouses

Disability concept

Disabled spouses include the following categories of citizens:

1. Men over the age of sixty.
2. Women who are fifty-five years old.
3. Persons with disabilities of the first, second and third groups, as well as persons with disabilities from childhood, regardless of whether they are assigned a disability pension or old age.

What can you count on?

What should be child support for a wife? The amount of payments in the absence of an agreement is determined by the court and is charged from the former spouse in a fixed amount of money.Payment must be made monthly. When determining the size, the court proceeds from material capabilities, as well as the marital status of the former spouses and other circumstances that may be relevant to the case.

The amount of alimony is taken from a multiple of the cost of living. Payments may also be equal to a fraction of the cost of living. Certain child support amount It depends on the evidence presented to the court, which affect the decision.

Alimony for the maintenance of a wife can be assigned regardless of how much time has passed since the moment the right to receive them appeared if they were not paid earlier by agreement of the parties. To receive it is necessary to draw up and file a statement of claim.

If the court decides that the spouse does not have sufficient funds to pay child support, he may not satisfy the claim of the former spouse. For example, if a citizen’s monthly income is less than or equal to the subsistence minimum. Consequently, the spouse will not be able to provide the other person with cash. Therefore, collecting from him is unacceptable, as this will contribute to the impossibility of the normal existence of the child support.

Collecting for the last period?

The ex-spouse has the right to apply to the judicial authority after any amount of time (from the moment she has the right to receive alimony).

Moreover, the law limits the collection period, which is three years. Alimony can be recovered no more than in the past three years from the date the former wife appealed to the court with a lawsuit. Provided that the woman took all necessary measures to receive funds for maintenance, but due to the evasion of her husband from paying alimony, they were not transferred to her.

If the spouse refuses to pay child support or pays them inappropriately, for example, at the smallest amount, then by decision of the court the husband can be removed from the estate. His share goes to his wife.

Alimony for the maintenance of a common-law wife

Family Code does not contain a concept common law wife or husband. Cohabitation between a man and a woman is called cohabitation. Such a relationship is not a marriage. He is registered with the registry office, after which the man and woman acquire the status of husband and wife. Alimony obligations are provided only for officially registered spouses, as this is provided for by family law. Therefore, payments for the maintenance of a common-law wife are not provided for by the code.

Exemption from obligations

Alimony for the maintenance of a wife can be limited by a certain period or terminated by a court decision both during marriage and after a divorce.

The limitation or termination of the obligations under consideration occurs in several cases:

1. Due to the short stay of the spouses in the marriage.
2. Due to the onset of disability due to abuse of drugs, alcohol and other substances, as well as due to the commission of a crime (intentionally).
3. Due to the misbehavior of the spouse who requires payment of maintenance.

Alimony for a pregnant wife

If necessary, maintenance of a pregnant wife may be paid by the spouse only after a divorce. For this, the ex-spouse must file a lawsuit in court. By law, a pregnant woman has the right to receive alimony during the period of bearing the child and for another three years after he is born. The amount of alimony paid is determined by the court or by agreement of both spouses.

Alimony for the maintenance of a disabled person (wife)

In the case when, at marriage, the spouse was already disabled, the husband after the divorce is not obliged to pay child support.

By judicial decision or by agreement of the parties, the obligations under consideration may arise if the woman became incapable of work within a year after the divorce or during marriage.

Alimony for the maintenance of a wife can be withheld after any period of marriage. For example, if the spouses lived together for several months, then after the termination of the relationship, the disabled wife has the right to payment of alimony.

So, we examined the concept of alimony, as well as in what cases citizens can count on these payments.