Alimony on children without divorce
Thus, for example,Alimony for a child, while in a marriage, and in special cases it is possible for a needy spouse (spouse). You can use the right and alimony for children without a divorce and even if there are no common children in the family. For this, the court must recognize the incapacity of the spouse (spouse).
Alimony, without official divorce, you canTo collect in situations when the spouse does not fulfill her parental obligations in relation to the child. Then the needy spouse gives alimony, while being in a legal marriage. Legislation provides for cases where the alimony is charged for the child and the spouse. Such situations include cases when a woman is pregnant or the child has not reached the age of 3 years from the date of his birth. In these cases, the mother can recover from the father of the child alimony both for himself and for the maintenance of the child. The application for alimony without divorce has the same procedure for filing, as for alimony after the official divorce.
Spouses can stipulate the necessary amounts and, in the absence of disagreements, prescribe it in the contract independently. But for legal force the contract must be certified by a notary.
In case of disputes, disagreement of one of the spousesTo fulfill obligations with respect to a partner or minor child, it is possible to apply with a statement of claim for alimony and divorce. Then alimony is accrued from the date of application, and not after the official divorce. In the event that a divorce is not possible, you must file an alimony application.
In collecting child support, it should be borne in mind that the courtCan charge only a certain percentage of the official earnings of the spouse or alimony in a fixed amount. The amount of alimony payments is affected by several factors. These include: the state of the child's health, the level of income, the health of the spouse, who is obliged to alimony payments, as well as the presence of other children.
Therefore, with non-permanent income, absenceEmployment or a situation where the official income differs from the informal one, it is recommended to demand alimony in a fixed amount of money. But this may require the collection of documents that the real earnings are a larger amount than indicated in the income statement. It can be documents about making deals, buying expensive things.
In addition to paying alimony, legislationBoth parents are expected to participate in life, development, and treatment of common children. In the absence of mutual consent, an application is submitted to the court for the spouse to pay additional costs, even if child support is awarded without a divorce.
In a situation where alimony is not spent forNeeds of the child, the spouse, from whom alimony is collected, has the right to apply to the court. Then permission may be obtained to transfer 50% of the monthly child support to the child's personal account.
Malicious evasion of payment of alimony is punishedCriminal liability. For a period of time when payment of maintenance for any reason is not possible, the child can be issued state assistance. Further, the amount of such assistance will be collected from the spouse who pays alimony.
If there is a court order, when the factDeliberate malicious evasion of payment of maintenance is proved, the property of the defaulter can be sealed or other measures of collecting the corresponding amount taken.