Life often throws us the most unpredictable and not always pleasant situations, and knowledge of laws allows you to transfer problems as painlessly as possible. And the point in this article is about alimony.
Unfortunately, modern families often break up, and if there is a child in the family, most often it remains in the care of the mother. But this does not mean that all obligations are removed from the father. According to the current legislation, the father can not write a refusal of the child, thereby freeing himself from his content. Nevertheless, some men prefer not to pay any money to their former wives. Then, in order to restore justice, the ex-wife submits for alimony.
In what cases can a woman demand child support?
In different countries, the procedure takes a different time and requires a number of documents. In our country, the term "alimony for a child and wife" means only the payment for the maintenance of the child, which the ex-wife receives. A woman has the right to file support for her own maintenance in only three cases:
- if the wife is incapacitated. Moreover, a woman's disability must occur before the marriage is officially terminated, or no later than one year after the divorce. If the spouses have lived in marriage for a long time and reached the retirement age, then this period after the divorce is extended to five years;
- if the wife cares for a disabled child;
- if the wife is pregnant or has to mother a child under the age of three.
To receive the alimony the wife has the right only in the event that the child was conceived before the moment of divorce.
In other cases, the ex-wife receives alimony for the maintenance of the child.
Procedure
If the spouses disagree without conflict, they can independently decide what the amount of alimony for the maintenance of the former wife or child will be, and also determine the procedure for their payment. In this case, the ex-husband and wife enter into a written agreement and assure him of the notary. Otherwise, the amount of alimony for the wife or child is determined by the court. To achieve payment, a woman should do the following:
- Make an application for alimony for a wife or child. Competently make up a statement to a woman can help a notary. He will also give a sample application for alimony for his wife.
- To sue in court. The ideal option is if the lawyer is engaged in the case. Otherwise, the claimant collects the application for recovery of maintenance for the maintenance of the wife by the plaintiff himself.
- Appear at the court hearing. At the meeting, the judge decides on the recovery of alimony for the wife or child and sets their size. The amount is set depending on the size of the subsistence minimum. In addition, the financial position of each of their former spouses is taken into account.
If the former wife filed for alimony, in most cases the decision of the court is in her favor. However, there are a number of exceptions.
- the former spouse became incompetent as a result of the abuse of alcohol or drugs;
- the former spouse during the family life behaved unworthily (cruelly related to her husband and child, changed, etc.);
- if the marriage was short (in practice, the reason for the cancellation of payments is a different term - from one to five years).
Alimony for the maintenance of the wife is paid only if the spouses were married. Modern legislation does not consider such a situation as civil marriage.