Some citizens are interested in how to apply for alimony in marriage. This question is mainly of interest to women and girls with children, when they are completely dependent on the spouse, who does not support the family. In principle, this is a common phenomenon in Russia. And there can be many reasons for such a decision. It doesn't matter which ones. The question remains: how to apply for child support in marriage? And can this be done at all? Under what circumstances will the application be granted?
What is child support?
To begin with, what is child support? Not everyone fully understands what will be discussed in principle. It is worth considering that child support is not a fine or a punishment. Therefore, abuse them will not work.
These payments are the funds allocated by a person for the maintenance of needy spouses, as well as children and parents. That is, the money that must be spent to ensure the lives of family members.
Most often, the question of child support arises after the dissolution of the marriage. Usually they are paid for the maintenance of the child in fixed amounts or as a percentage of the salary of the second spouse - the one with whom the child was not left for permanent residence. But how to file alimony while married? Is it possible to do this? And most importantly, who has this opportunity?
Who should
It is worth paying attention to a registered marriage. Indeed, even in this situation, sometimes one of the spouses refuses to contribute to the family budget and does not cope with the provision of the family. If this happened, you can think about how to file for alimony in a marriage. For this, it is worth considering who has the right to this feature.
Not all are entitled to alimony, but only certain categories of citizens. For example, without fail these are minor children, as well as a child (or several) with serious illnesses who is recognized as incapable of work. Spouses in need of material support are regular contenders for child support. But here it will be necessary to take into account that a person for one reason or another should be disabled. Further, a spouse who cares for a disabled child (general, under 18 years old) can think about how to apply for alimony while married. If the group of disability in the baby is 1, age does not matter. The last categories of people entitled to child support are pregnant wives, as well as women caring for children under 3 years old.
It's all. All of the above categories of citizens can think about how to file for alimony while married. It has already been said that such a practice takes place. And every year it is viewed more and more often.
Agreement or court
For starters, you can try to solve everything peacefully. Just talk with your spouse and discuss family support issues, agree on specific amounts that will be issued per month for a child and for a needy family member. In fact, such an agreement is rarely valid. Especially when it comes to registered marriage.
Therefore, most often you have to contact the judicial authorities. Wife filed for child support married? If the court finds her in need, then at least for the child you will have to pay. Usually, either a fixed payment or a percentage of the salary is assigned. About 25% for one child, 33% - for two common children, 50% - for three or more.
Therefore, it is recommended not to bring the case to court. Remember, it does not matter if the marriage is registered or not. In case of alimony with common children, needy family members have every right.And after a court decision is made, it will be mandatory to execute it. Otherwise, there will be a lot of problems - from the withdrawal of a driver’s license to the restriction of freedom for a certain period.
Documents
How to file for child support in marriage? In fact, all that is required of you is to collect the necessary package of documents. There are not so many of them. Of course, after a statement of the established form is drawn up, which refers to the court. In practice in the world. This is where your question will be addressed.
What do you need to prepare? It all depends on the situation. Let's start with an example when it comes to registered marriage. One of the spouses is engaged in raising common minor children, the second is working, but does not allocate money. What needs to be brought to court to consider a case?
To get started, your passport. Preferably with photocopies of all its pages. In addition, you will have to present a marriage certificate, the birth of common children and a certificate of family composition. Also need certificates of income for your and your spouse. If children have a disability, a doctor’s opinion will be required. How to file for alimony in marriage? A sample statement will help you in compiling the main “paper”, without which you will not be able to carry out the idea. Next, present a package of documents to the court and wait for a decision.
Writing a statement
Important is the preparation of the claim. If you write it incorrectly, you don’t have to think about how to file child support for marriage. You simply will not accept a statement. Of course, it should be supported by relevant documents confirming your need.
What is indicated in the text? Details of the plaintiff, as well as the reasons for filing this application. Here the address of the court, the information of the defendant (personal, passport), the requirements that you put forward (with documentary justification) and the amount of alimony are prescribed. In principle, that’s all. There is nothing special in fact in writing a statement of the established form. Many try to get a ready-made template and enter the necessary data into it. It is an acceptable method that will alleviate suffering.
Civil marriage
Submit alimony to civil marriage also possible. But as practice shows, the common-law spouse has fewer rights in this regard. So, for example, everything is limited only by the presence of minor common children. Toddlers from previous marriages cannot claim child support if they have not been adopted by their current spouse.
The most difficult thing here is the recognition of paternity. Indeed, practice shows that in a civil marriage, people are not too willing to have children and even more so try not to recognize kinship. Not in all cases, but often it turns out that way. Therefore, before going to court, an additional independent examination will be necessary to establish paternity (or motherhood, depending on who acts as the plaintiff). Only with its availability will it be possible to think how to file for alimony. This conclusion is attached to the entire package of documents.
What must be presented? Income statements, birth certificates of common children, an application of the established form, passport details of the plaintiff, as well as an expert opinion on the recognition of paternity (motherhood). In principle, the same list as in the past case, only without a marriage certificate.
findings
That's all. Now it’s clear how to apply for alimony in marriage. Unfortunately, in Russia this practice is seen more and more often. And it is not always a question of civil marriage. Even in the official spouses begin to introduce a separate budget and manipulate each other with the help of material dependence.
It is enough to know your rights to defend yourself. Nevertheless, most often child support is not assigned to spouses, but to children. Regardless of whether people are married or not, it is enough to present a birth certificate for the common baby or the result of the establishment of motherhood / paternity to complete the task.
