There are often cases when the husband does not care aboutchildren, spends all their salaries for their own needs, and does not provide any financial assistance to his wife. Often this leads to a divorce, and the wife sues alimony.
However, it is not necessary to waitdivorce, to take care of their children, you can and even need to apply to the court immediately. Consideration of the statement of claim for maintenance is an independent legal process that does not depend on the dissolution of the marriage, although they are often combined in time.
For what reason it is desirable to file for alimonywithout a divorce, that is, in advance? The procedure for divorce can take a long time. It is possible that her husband will tighten it in every way and try to change the situation in his favor. During this time, he can take care of reducing his official income.
Where should I go to get alimony without a divorce?
Most often they go to court, but you can solveThe question is without it. Spouses need only apply to a notary and conclude an agreement. The amount of alimony will be set individually, that is, by agreement.
How to file for alimony without divorce?
To do this, you need to apply to the court with thestatement. It is considered by the magistrate at the place of residence of either the plaintiff or the defendant. In the event that the defendant does not appear at the hearing without good reason, the examination can be conducted without his participation.
In order to receive alimony without divorce, the following documents must be submitted to the court:
1. 2 copies of the statement of claim;
2. an extract from the house book, which should indicate where the child is living;
3. marriage certificate;
4. Birth certificate of the child.
In order to obtain alimony without divorce, other documents may be required, depending on various circumstances.
The standard amount of alimony is 25% of theofficial earnings for 1 child and 30% for 2 children. The judge decides on the amount of alimony, considering the material prosperity of both parties, the presence of children from another marriage, dependent relatives, as well as other circumstances. It can both reduce and increase the size of payments. Alimony, in addition, can be appointed in a firm amount of money.
It is also desirable to provide detailed information about what kind of income the spouse has, in order for the court to have a full picture of his earnings.
In addition, that you can file for alimony withoutdivorce for the maintenance of the child, you can get them for yourself, if you are pregnant, disabled, bring up a minor child who is disabled, or a child, regardless of the age of the disabled group 1.
In order to competently compose a claimapplication for recovery from the spouse of alimony, you can apply to a legal advice to a lawyer. In addition, he will be able to represent your interests in court, will help to achieve the maximum amount of payments. In case there is no money to contact a lawyer, you can use the service of legal advice online. Thanks to this modern method, you will be able to get the necessary information, you will know your rights and responsibilities, you will be able to create the necessary documents yourself.
Control over payments on support is carried out by the judicial executor. If necessary, you can contact him and clarify the amount of the debt of the spouse.
In the event that, following a court decision, the spouse willTo evade from payment of means for the maintenance of the child, it can be involved in the criminal liability. For this reason, he will be interested in working and, thus, it will help to provide the family even if you do not want to divorce.
