By entering into marriage, people enter into an agreement that includes mutual rights and obligations. In addition, spouses have different types of responsibilities: moral, material and legal. At the birth of children, their responsibilities become greater. One of the most important duties on the part of the head of the family is the material support of the unemployed mother, who is involved in caring for the child (or children), its development and upbringing.
General Provisions
There are times when a family breaks up for some reason. Most often, as a result of disagreements, the husband leaves his wife, leaving her with children (often minors). Everyone knows that if there are children in the family, the spouse is obliged to pay child support for the maintenance of his offspring who have not reached the age of majority (and in the case of full-time education, up to 21 years).
Chapter 14 of the Family Code of the Russian Federation establishes the obligations of the alimentary nature of people in a registered marriage, and those who have already broken off marriage. Articles 89 to 92 define the following provisions:
- duties of people in a registered marriage for mutual material content;
- the right of the former spouse to receive alimony payments after the official termination of the marriage;
- the amount of monthly maintenance payments that are recovered in favor of the spouse or ex-spouse in court proceedings;
- cases of exemption of the spouse from the need to support the wife or ex-spouse, as well as the time limits restricting the maintenance obligations.
In addition to payments for children, in some situations, the former husband is obliged to give money to support his wife. This situation was developed by the legislator due to the fact that a woman devotes all her time to children and does not work until the child (or) children will be given a place in a preschool educational institution.
Due to the need to care for a child, a woman is not able to have a constant source of income in the form of work, therefore, she needs money to meet her and her children’s needs.
The Family Code in Articles 89 and 90 provides for several categories of women who are entitled to receive alimony. These same articles determine the conditions and procedure for processing monthly maintenance payments.
Alimony Terms
According to article 90 of the Code, the former spouse must provide money for minor children and his wife (former). The legislation defines 4 conditions for a woman to receive money from her ex-husband:
- A woman is pregnant.
- A woman takes care of a child under the age of three (go children).
- A woman takes care of a child who is recognized as medically disabled. If he has a second or third group of disability, financial support is provided until he reaches the age of eighteen, if the first - for life.
- A woman of one of these categories is recognized as needy - in need of material support associated with disability.
Often there are situations when the father of the children, being legally married with their mother, does not provide financial support to his wife and children. In this case, when caring for a child under 3 years old, a wife can make child support not only after a divorce from her husband, but also being in a marriage with him. The same applies to other of the above categories of women mothers.
You should also know that a cohabitant (a woman living with a man, but not married to him) has no right to the content of her life. Therefore, even if there are children, the civil wife is not entitled to claim the right to receive alimony up to 3 years. Monetary support is reserved only for children in respect of whom the paternity of this man is established.
Notarial agreement
One of the ways to arrange financial support for a child under 3 years of age and wife is child support after a divorce in the form of a notarial agreement. This method involves the conclusion of a contract between husband and wife (former or present). The terms of the written contract are agreed upon in advance by the parties, then they are fixed in the agreement, which is signed by the spouses and certified by the signature of a notary.
If the contract is drawn up without notarization, it has no legal force. Upon certification of an agreement by a notary public, it acquires the power of a writ of execution. In this case, if the spouse improperly fulfills her obligations, the wife can contact the bailiff department and present an agreement for its enforcement.
The agreement must contain the following conditions of a substantial nature:
- personal data;
- contacts of the parties;
- child support payments for a wife up to 3 years old;
- the procedure and method for transferring financial resources (in cash, by transfer to the card by transfer by mail);
- other conditions established by the parties.
The parties may agree on other ways to support the mother on maternity leave.
Until the child reaches the age of 3 years, alimony for the maintenance of his wife is paid in full. After this, the agreement expires (unless the spouse has debts for maintenance obligations). If in the future the former spouse decides not to support his wife financially, no one can legally force him to do so.
Making child support through the court
Financial issues often become a stumbling block in the relationship of former (and real) spouses. If the question arises of forced financial support, relations destroyed by this fact impede a peaceful solution to the problem. Therefore, regarding the issue of alimony for the maintenance of a wife up to 3 years old, the child (or children) and the woman often have to resort to the help of a higher authority - the court.
To enforce child support, a woman needs to file a lawsuit against her husband in the manner prescribed by law. In addition, it is necessary to attach documents to the application confirming the right to receive child support for a child up to 3 years old.
In the process of consideration by the court, a decision will be made on the assignment of payments indicating their size and method of transfer. At the time of application, support payments begin. The decision on such issues is subject to immediate execution.
Despite the legislatively established immediate execution of a court decision of this kind, the child does not immediately begin to transfer child support for a wife under 3 years old. The writ of execution issued by the court on the basis of the decision is either transferred to the bailiff service or to the employer's accounting department to withhold money from the defendant’s salary.
Another way to recover alimony to an ex-wife up to 3 years old for a child is to submit an executive document to the debtor's bank, if there is reliable evidence of his accounts or deposits with the bank.
Features of filing a statement of claim
An application for the payment of alimony to a wife under 3 years of age in a marriage (or after a divorce) is submitted by the woman through the world site. The main requirement, in addition to having competent drafting and a regulatory framework, is the lack of expressive or emotional expressions in the statement of claim.
The application must contain the following information:
- The full name and address of the judicial authority.
- Information about the parties to the proceedings (the defendant and the plaintiff): name, surname, patronymic, address of registration and actual residence, contact numbers.
- A consistent statement of circumstances in the case (marriage registration, divorce, pregnancy (or childbirth), the fact that the plaintiff is incapable of pregnancy because of the need to care for a young child, the fact that there is no help from the defendant, the calculation of the amount of alimony).
- Reference to the rule of law (family law - articles 89, 90, 921, 117 and civil procedure - articles 131 and 132).
- The requirement to collect child support for a wife under 3 years old child.
- Appendix with a list of attached documents.
- Signature and date of preparation of the document.
You can send in person or send by mail. An application (size and sample) of alimony for a wife up to 3 years old can be requested from a court officer. The use of the sample not only contributes to the correct preparation of the document, but also helps to avoid expressive expression in its preparation.
Package of documents attached to the claim
To ensure that the application is not delayed and successful, when applying for support from the wife up to 3 years in a divorce or during marriage, all the necessary documents must be attached. These include:
- copies of passports of the parties (defendant - if any);
- documents confirming the registration of marriage and divorce (upon termination of the marriage);
- pregnancy certificate (if we are talking about the maintenance of a pregnant wife) with an indication of her term;
- documents confirming the birth of a child;
- a certificate from the subscriber department, which confirms the fact of living with the plaintiff;
- a certificate from the personnel department from the place of official employment about the woman being on vacation in connection with child care;
- a certificate from the accounting department on the income of the plaintiff or a certificate from the social protection department about the amount of the accrued benefit;
- documents that confirm the income of the defendant.
The amount of alimony for a wife up to 3 years old child
There are no models for calculating the amount of alimony payments, since in respect of the spouse, the calculation is made in a fixed amount. The procedure established by law regarding the calculation of the amount of alimony has not changed until now.
The amount of alimony for a wife up to 3 years old to a child can be established by agreement of the parties (when drawing up a voluntary agreement on monthly payments of alimony) or by a court decision (upon filing a claim for alimony).
When calculating a fixed amount, the court takes into account the marital status of the woman, the level of her material maintenance and security, the needs of the woman and her spouse (former). The main indicator is the cost of living. In 2018, the cost of living in the Russian Federation is about 10,000 rubles per adult.
After analyzing all the documents received from the parties, the court can establish the amount of the alimony paid by the spouse for the wife up to 3 years old to the child, equal to the cost of living, several times more or less. This is due to the fact that the calculation takes into account not only the interests of the mother, but also the position of the defendant. For example, if at the time of filing a claim for the recovery of alimony, a man has started a new family, this will be taken into account when calculating monthly alimony payments for his ex-wife.
Courts often overstate child support for women. This is due to the fact that the lack of funding for her life negatively affects children, since often the cash payments exacted from fathers for the maintenance of children cannot fully meet all their needs. And given that the mother has no additional finances to compensate for this shortcoming, the court equalizes the balance with the money of the man.
Alimony Change Agreement
In relation to the amount of maintenance payments established by agreement of the parties, and the amount established by a court decision, one rule applies: the amount of maintenance payments may be increased or decreased at the request of one of the parties.
Most often, a woman says about an increase in the amount of alimony, and a man says about a decrease in size. This is due to the fact that, leaving their families, men often do not want to invest there. If the question of providing children for some fathers is not in doubt, then the need for financial support of the ex-wife causes them negative emotions.
If the amount of alimony is established by a written agreement of the parties, you can change their amount in the same way - by signing a new written agreement. It, like the previous one, must be notarized. Without a notary's signature, the document will not have legal force.
The change in the amount of child support paid to the mother in court
If the amount of payments was established by a court decision, a change in the amount of money can be made by filing a statement of claim. A request to increase the amount of monthly payments should be confirmed by documents indicating the objective reasons for the increase in expenses for the maintenance of the spouse (increase in prices, illness, etc.).
When applying for a reduction in child support payments, it must also be documented. Good reasons for reducing the amount include the birth of a child in a new marriage, a serious deterioration in health, a reduction in the workplace, etc. The following documents can serve as supporting documents:
- birth certificate of the spouse of the child in a new marriage;
- certificate of illness (disability);
- certificate confirming registration with the department of employment due to loss of employment and the like.
It should be remembered that if a man enters into another marriage, as a result of which a child is born, this can affect not only the amount of payments to his ex-wife, but also the payments to joint children, as confirmed by family law.
Denial or cancellation of mother support
In some cases, the amount of maintenance payments for the mother is reduced to zero. This occurs in the following cases:
- Re-marriage of a woman. Under the law, the new spouse assumes all obligations for the maintenance of the wife.
- Going to work. Based on the provisions of the Family Code, alimony to a working wife under 3 years old is not paid to a child.
- A child reaches the age of three.
- The establishment of additional types of income from the mother (rents from leasing a plot of land or an apartment, additional earnings of an official type, etc.).
- Deliberate understatement or concealment of the real material situation of the mother.
- Disability resulting from asocial behavior or lifestyle.
- Being married to a spouse for less than twelve months.
- Registration of a divorce due to dishonest behavior of the spouse in marriage (infidelity, alcoholism, drug addiction, child abuse, etc.).
If at least one of these reasons is established, even the accrued alimony may be annulled by the court.
Marriage and family relations are a rather complicated topic, and their dissolution is often accompanied by the emergence of a large number of problems both on the part of the spouse and on the part of the wife. Especially a lot of problems arise when solving financial issues and claims of the parties. Therefore, it is most often necessary to solve emerging financial problems, including in relation to maintenance payments, in a judicial proceeding.