Nobody likes to solve family problems in court. Of course, it is best to coordinate all matters with the spouse amicably, having drawn up an appropriate agreement with a notary. But sometimes consensus is simply not possible. Then the logical question arises: "Can I file for alimony while married?" When all peaceful ways to solve the problem have not yielded any results, then you can and are simply forced to go to court.
In a modern unstable society, situations often arise when a woman with a child is left without strong male support, but at the same time it makes no sense to draw up
documents for divorce . The situation is aggravated by the fact that state assistance at the birth of a child has contributed to the birth of a second and even third child in the family. But
social assistance cannot solve absolutely all problems, it can only provide support. Therefore, with the question: "How to file for alimony, being married?" - Women are increasingly turning to lawyers and officials.
The Family Code in Russia (Art. 80), like the relevant laws in any other country, clearly stipulates that it is the responsibility of both parents to maintain a child until his full age, regardless of whether the marriage is divorced, divorced or never before consisted. If one of the parents evades this duty, the person responsible for the child has the right to go to court.
There is also a rule of law, which provides for the possibility of filing a lawsuit with a court for the maintenance of one of the spouses (Article 89). This rule is valid only for married spouses.
The only thing is that the circumstances for such cases are clearly stipulated. An unemployed spouse in need of material support may file an alimony in court; wife during pregnancy and until they reach the age of three; as well as any spouse caring for a disabled child.
So, we will discuss the last moment of the question posed, how to file for alimony, being married. This is a list of necessary documents and the application for alimony, a sample of such a statement. I immediately draw attention to the fact that the application does not have any special requirements, it is written briefly, outlining the main essence, and in a free form. Therefore, it is not absolutely necessary to contact a lawyer or attorney. Often, samples of such statements are on stands at each local court. I will list the main points on how to apply for alimony while married.
The application heading is filled in the general manner: the name of the court, the details of the plaintiff and defendant. The requirements for filling them should always be clarified in a particular court, because, in addition to the address of residence and contacts, sometimes they require additional information. Further in the middle is indicated: “Statement of claim”, and from a new line: “on the recovery of alimony”. The text of the statement should briefly outline the essence of the issue. For example, “On such a date, a name was entered between me and the respondent, full name. One or more children were born in this marriage (indicate the full name, name, middle name and date of birth of each child). Today this marriage between us is not terminated. Despite this, the defendant does not participate in the upbringing and maintenance of the child / children. Agreement on the payment of alimony could not be reached. " Since the law stipulates the need for preliminary agreement on the payment of alimony, the last phrase must be spelled out in a statement. Otherwise, the judge will be required to return a statement to you in order to be able to reach such an agreement between you.
The following are the norms of the law, according to which you turn to the court. For example, “In accordance with article 80 of the RF IC, I ask ...” Next, the requirements for the defendant are listed from a new line, for example: “Collect child support from the defendant in favor of the plaintiff” and indicate the amount of alimony. Often, the amount of alimony is set monthly at the interest rate (25%) of all earnings received (Article 81 of the RF IC). In cases of unstable earnings or non-fixed income, the defendant can be demanded from him, according to Art. 83 SK, a clearly specified amount of money, which must be indicated in the application and justify this desired amount (for the treatment of the child, education or other needs). The accrual period is always counted in such cases from the very day when the application was received from you in the court of law, therefore this can not be mentioned. But you can always use phrases clearly written off from these articles. It will be easier both for you and the judge.
If there is a reason and need to receive alimony for you as a needy spouse, then a separate similar application is submitted indicating the nature of the issue and the reasons for the recovery of alimony, in accordance with article 89 of the RF IC. As a rule, an application for the maintenance of a spouse is submitted together with an application for the maintenance of a child. Therefore, lawyers always mention this in answers to the question about how to file child support while married.
At the end of the statement of claim, documents are always indicated, without which your statement will simply not be accepted. These are copies of: marriage and birth certificates of the child (all children), other documents confirming the state of the child’s health, other needs, income statements, and a copy of the statement of claim for sending to the defendant.
Also attached is a receipt confirming the payment of state duty for filing a claim in the amount of 100 rubles. The application for the content of the plaintiff is also accompanied by the exact same receipt. These are prices for courts of general jurisdiction and justices of the peace of the Russian Federation. But, for example, in Ukraine, plaintiffs are exempted from state duty when applying for child support. I also draw your attention to the fact that in Russia, according to Article 333. 36 of the Tax Code, plaintiffs are exempted from the state duty on the requirements for the recovery of alimony.
I strongly recommend clarifying the points of interest to you in a particular court where you will apply. If everything is done within the framework of the law, and all circumstances are provided, the court cannot reject your claim or request for the payment of alimony. If there was an inaccuracy or incorrectness in the application or submission procedure, the judge will give you the opportunity to clarify the nuances or correct the errors. Do not despair, a solution can always be found. Good luck to you and your children!