The birth of a child from parents who did not register their marriage is a fairly common phenomenon today. Of course, the stamp in the passport can not guarantee a happy family life, but it is necessary for a woman to know her rights in this situation. To get alimony from a civil husband, you have to spend some time.
Can I file for alimony without being married?
The answer to this question is definitely positive. Regardless of the stamp in the passport, both parents are responsible for their child. A woman should think about the question of whether it is possible to file for alimony without being married, even before the birth of the baby. The fact that the decision of the matter is largely influenced by the fact whether the father was inscribed on the birth certificate.
To begin with, you should know in which case you can file for alimony. It is worth to proceed only from the interests of your child. As a rule, the amount paid by the father is 1/4 of the salary (and other types of earnings) per child, one-third for two and half the income if more than two children. It is clear that from an unemployed official parent you will not be able to get an amount sufficient to keep the baby. In this situation, the court can determine the amount of child support payments, if the marriage is not registered, in the amount of the subsistence minimum.
In addition, for the single mother, the law provides for many benefits and benefits. And sometimes the proof of paternity will only complicate some points. For example, when you leave the country you are required to take a permission from the second parent and no one will give a guarantee that he will not give you an unpleasant surprise in this situation.
Alimony for a child born out of wedlock
If you are determined, you want to get alimony in a civil marriage, you have to go through several stages. The first of these is the recognition of paternity . There are two ways of development of events. If your civic spouse recognized the child, entered into the birth certificate voluntarily, the situation is simplified. It is enough to prepare the following list of documents:
- passport (for identity verification);
- a certificate of the birth of a child (for establishing the fact of paternity and motherhood);
- certificate of establishment of paternity;
- a certificate on the composition of the family from the place of propiska of the child;
- A statement in the name of a justice of the peace, written by hand.
It is worth noting that the very fact of inscribing the father's name on the birth certificate is not sufficient. If you do not have a certificate of establishment of paternity, then it will have to be established in court .
If your ex-boyfriend refuses the baby and you decide to get alimony for a child born in a civil marriage, then you will have to make efforts. The fact is that even blood kinship does not give you an excuse to demand payment. To do this, the court will have to provide evidence that it was this person who lived with you and you have the right to child support for a child out of wedlock. Evidence can be examination of DNA, photographs, questionnaires or statements, testimony of witnesses. Be sure to carefully think through and prepare all the facts you need before submitting a claim.
As for the DNA examination procedure itself, it will have to be paid for by the defendant or the plaintiff. In the event that the fact of paternity is proved, the payment for examination falls on the defendant's shoulders, otherwise the plaintiff pays.
Alimony for an illegitimate child by peaceful means
We should never exclude the peaceful way of solving this issue. You can make an agreement on the payment of child support for a child out of wedlock voluntarily. It is concluded for a certain period or without the latter. The contract must be written, with mandatory certification by a notary. By agreement of the parties, this agreement can be terminated at any time.