Alimony and civil marriage. How is alimony paid for a child born out of wedlock? Sample alimony for a child born out of wedlock.

The obligation to support minor children is determined by law equally for both parents. It does not matter whether the marriage is official or whether there are extramarital affairs. The procedure for collecting alimony is identical, however, in the absence of a documented marital relationship, there are certain nuances.

Should a man pay child support for an illegitimate child?

Children born in a civil marriage are equal in rights to those born in a registered relationship. This provision gives grounds to demand that the parent pay child support in accordance with the procedure established by law.

The procedure can also be initiated in a situation where the couple did not live in a civil marriage. Payments are made compulsorily through the court, however, if there is agreement of the parties, alimony can also be calculated on a voluntary basis.

It is important to know...

The key aspect for collecting alimony for an illegitimate child is establishing paternity. In this matter, there are two ways that give the right to receive payments:

• the parent was present at the registration of the birth certificate and agreed that his data was included in the document;
• illegitimate paternity is recognized by the court forcibly on the initiative of one of the parents.

A separate situation is distinguished when a minor is adopted by a second spouse. The official consent of a citizen, informed that the child is not his, is equivalent to full paternity with all the ensuing consequences for the payment of alimony.

Experts in the field of law and family law point out that the absence of a second parent on the birth certificate is not always a malicious evasion of the obligations to support an illegitimate child and pay child support. There are several reasons why there may be a dash in the place of the father in the document:

• the citizen could not be present at the registry office at the time of registration of the birth certificate;
• the father does not know about the existence of an illegitimate child;
• the mother does not want to include the biological parent.

Regardless of the reasons sought, the first step in calculating alimony will be establishing paternity. Depending on the conditions, the procedure will vary:

• both parents are included in the certificate - no additional measures are required to establish paternity, alimony can be paid either voluntarily or compulsorily;
• the father did not know or could not be present at registration, but does not refuse the illegitimate child - the parents contact the registry office and make amendments to the document giving the right to alimony;
• the parent does not recognize paternity and refuses to support an illegitimate minor - payment can be demanded through the court on the basis of establishing paternity.

The case when the mother refuses to include the father in the birth certificate is considered separately. Without documentary evidence, she cannot demand child support for an illegitimate child. However, they may be required by the guardianship authorities if the mother has died, been declared incompetent or deprived parental rights.

How to collect alimony for a child born out of wedlock peacefully?

The easiest way to obtain child support for an illegitimate child is to enter into a voluntary agreement. To do this, parents turn to a notary, who documents the consent of the parties.

Pay attention to the presence of both parents on the birth certificate of an illegitimate child. If the father is absent from the document, but undertakes to pay alimony voluntarily, then it is understood that he recognizes the illegitimate child as his own. This gives him not only responsibilities, but also rights in relation to the minor.

That is, to determine documentary paternity when mutual consent and concluding an agreement may not be necessary. However, a notary or one of the parents has the right to request such registration in order to avoid misunderstandings.

The procedure for voluntary agreement on the payment of alimony for the maintenance of an illegitimate child implies certain stages:

• the parties discuss all the accompanying conditions: amounts, frequency, methods of payment - a one-time payment of alimony or transfer of certain property is allowed if this method suits both parties;
• a package of documents is submitted to the notary office, including the parents’ passports, a minor’s birth certificate, a paternity certificate if necessary, a certificate of income from the place of work, as well as details of the account to which payments are supposed to be credited;
• the services of a lawyer are paid, after which the notary draws up an agreement on alimony in accordance with the agreements reached;
• both parents receive the original agreement, certified by the details of a notary, as well as the signatures of the parties.

The received document has the force of a writ of execution, legally confirming the obligation to pay alimony for an illegitimate child. All nuances and consequences are explained by the notary during the preparation of the agreement.

Procedure through the court

Collection of alimony for a child born out of wedlock, in the absence of the consent of one of the parents, is carried out only through the court. The key aspect in this issue is the determination of paternity. There are two types of procedures - on the initiative of the father in the absence of the mother’s consent or on her initiative in the event of evasion or disagreement of the second parent.

To prove your own paternity, the parent files a statement of claim with the following list of documents:

• identification;
• birth certificate of an illegitimate child;
• evidence of paternity - DNA test, witness statements, photographs, other documentation directly or indirectly confirming family relationships;
• if necessary, a document confirming the death of the mother, declaring her incompetent or deprived of parental rights.

This procedure is relevant in cases where the father wants to retain the rights to an illegitimate child and communication with him, while agreeing to pay alimony, but faces opposition from the mother. Much more often, she herself has to prove paternity and demand support for an illegitimate child.

Procedure V in this case consists of a similar procedure:

• a statement of claim is filed, which may include simultaneously both a request to establish compulsory paternity and demands for payment of alimony;
• the defendant and witnesses are invited to consider the case; if an illegitimate minor has reached ten years of age, his presence is also mandatory;
• the court has the right to forcefully order an examination to establish paternity in relation to the defendant;
• if the test is positive, the case for calculating alimony for an illegitimate child is considered in accordance with the general procedure.

It should be borne in mind that all costs for conducting tests and examinations are initially borne by the plaintiff. However, if the test is positive, the court has the right to oblige the defendant not only to pay alimony, but also to reimburse all expenses incurred by the applicant.

Sample claim

To assign alimony for an illegitimate child, the plaintiff files a claim in the magistrate's court. The document specifies the following aspects:

• address of the judicial institution;
• contact and passport details of the plaintiff and defendant, in the absence of such information about the second - the last known;
• brief information about the circumstances of the case, the birth of an illegitimate child and the status of the relationship between his parents;
• a list of documents directly or indirectly confirming paternity, in their absence - a request to order a forensic examination;
• a request to collect alimony for an illegitimate child;
• list of witnesses and documents attached to the claim;
• date and signature of the plaintiff.

A claim for alimony for illegitimate children is filed with the court at the place of residence of the defendant. If this is unknown - at the place of his registration or last known address. It is possible to file a claim at the plaintiff’s place of residence; this option is also relevant if, due to caring for a minor, it is difficult for the plaintiff to travel to another city or region.

List of required documents

The following list of documents is attached to the statement of claim for the recovery of alimony for an illegitimate child:

• the plaintiff’s passport and birth certificate of an illegitimate child;
• papers about the putative father: identification documents or copies, certificates of employment, other documents;
• evidence confirming paternity: positive DNA test, evidence of cohabitation, photos and videos, payment and other documents;
• certificate of residence of an illegitimate child with the plaintiff;
• certificates and receipts indicating the size wages the plaintiff, as well as the bills paid for the maintenance and upbringing of the child.

In order to recover alimony through the court, unofficial materials are also attached to the statement of claim, based on which the defendant indirectly confirms paternity. Among them are records telephone conversations, messages, other materials in which the parent did not deny or agree with family ties, but refused to pay child support.

What amount of payments can you expect?

In legislation Russian Federation There are no strictly defined values ​​at which alimony is paid. However, there are a number of aspects that should be taken into account when concluding a voluntary agreement or collecting alimony for an illegitimate child through the court.

The first factor is the equality of parents. Regardless of the registration of the relationship, both bear equal responsibility for the maintenance of an illegitimate child. Based this factor the plaintiff can demand from the defendant only half of the amount necessary for the maintenance of the minor.

When concluding a voluntary agreement, the amount of alimony for an illegitimate child cannot be lower than the level that would be determined by the court. When considering a case in court, the amount of payments is determined based on the following data:

• material well-being of the plaintiff and defendant, wages, ability to work;
• requirements for caring for a child out of wedlock, including utility bills, tuition, medical treatment or other factors;
• the presence of other illegitimate or legitimate children.

In the latter situation, attention is paid to the well-being of all minors. When calculating the amount of alimony for an illegitimate child in the presence of children from other marriages, up to 25%, 33% and 50% of the income for one, two, and three (or more) minors can be withdrawn from the debtor. If they are from different marriages, then the amount charged is at least 16% for each.

Every child born into the world should receive financial and moral support from their parents. If a man and woman are not married, but they have a child together, then the parent who is responsible for the upbringing and maintenance of the child can apply to the court to file an application for alimony.

The basis for paying alimony for a child born out of wedlock can be either voluntary recognition of paternity or genetic testing. This leads to two possible directions for the development of events.

When a man voluntarily agrees to have a child and recognizes him as his own, both parents need to go to the registry office and there register the fact of paternity in the deed book and on the birth certificate.

If a man refuses to recognize himself as the father of a child, the woman can go to court to conduct a genetic examination and recover payments in favor of the child.

This process takes place in several stages:

• Drawing up a statement of claim. This statement must contain information about the relationship between a man and a woman outside of marriage. There should be information about living together or running a household together. Reason and date of end of the relationship. The reason why a man refuses a child and does not want to help support him. Sample applications can be easily found on specialized portals on the Internet or asked at the court secretariat. You can also download a sample statement of claim to establish paternity;
• Submitting a claim for consideration. The woman must apply with the requirements set out in the application to the court at her actual place of residence or the man’s. If an examination is required, this is indicated in the application;
• Genetic examination. In case of refusal to recognize the child, an examination is carried out. To do this, a smear sample is taken from inside cheeks of the child and the putative father, after which laboratory tests are carried out to identify similar genes;
• Trial. This is an open meeting at which both sides of the process can speak out and put forward their demands and evidence. The court considers all the circumstances of the case, listens to both sides, the testimony of witnesses, gets acquainted with the evidence and makes a decision. The main details in this case will be the results of the examination;
• Registration of paternity. After the court decision is made, the woman can contact the registry office to enter data in the book of acts and birth certificate;
• Collection of alimony voluntarily or compulsorily. A man and a woman can voluntarily come to a compromise on the issue of financial support for a child. In this case, an alimony agreement is concluded and certified by a notary. It describes all the conditions for paying child support: the amount of payments, the frequency and regularity of alimony payments, the transfer process Money(through third parties, on a card or in hand). A certified document is an analogue of a judicial act, and if the child’s father fails to comply with the requirements of the agreement, the mother can apply to federal service bailiffs. A sample voluntary agreement for alimony can be downloaded.

Documents for filing for alimony outside of marriage

To apply for alimony payments in favor of a child who was born out of wedlock, you need a package of documents, namely:

• a copy of the plaintiff’s identity document;
• a copy of the child's birth certificate;
• a copy of the results of the examination on established paternity;
• certificate about the composition of the family in which the child lives;
• a document confirming the defendant’s place of work;
• a certificate of the defendant’s income for the last three months;
• statement of the plaintiff's demands.

Applying for alimony without marriage

If it is not possible to resolve the issue peacefully, you will have to go to court, which will make a decision.

There are two types judicial trial on this issue:

• based on the claim. In cases where a man refuses to acknowledge paternity, support the child, or his whereabouts and place of work are unknown, the woman goes to court by writing the necessary statement. The court considers all the circumstances of the case and makes an appropriate decision on the payment of alimony in favor of the child;
• order. If a man recognizes the child as his own, there is a corresponding entry in the registration book, and his place of residence and work is established, then the woman applies to the court for the issuance of a court order. Such a meeting takes place without the participation of the parties to the process, the court forms an order and issues it to the plaintiff. A sample statement of claim for alimony can be downloaded.

IN statement of claim Several mandatory points are indicated:

• Information about the child’s parents who were not officially married: last name, first name, patronymic, actual place of residence and date of birth;
• Reason for going to court;
• Indication of the amount of alimony payments and justification for this amount (checks, receipts, certificates, justification for all expenses that a woman incurs in connection with raising a child);
• Request for payment method: a fixed amount or a share of the man’s salary.

The following documents must be attached to the application:

• A copy of the plaintiff's identity card;
• Child's birth certificate;
• Certificate of paternity;
• Certificate of composition of the family in which the child lives;
• Certificate of income and place of residence of the defendant.

How is alimony calculated without marriage?

In the case of drawing up a child support agreement, the parents voluntarily agree on the amount and frequency of payment of maintenance that will satisfy both parties.

When a woman is forced to go to court to resolve an issue, everything is based on the law. There are strictly regulated rules determining the amount and regularity of payments, which are the same for both parents living in an official marriage and for those who have never been officially registered.

By law, 25% of the spouse’s official earnings are allocated for one child, 33% for two children, and 50% for three or more children. When establishing the amount of alimony payments, the court is guided by all the circumstances and capabilities of both parents.

If the parent who must support the child has an unstable income, then the court may not order a share payment, but set a fixed monthly amount. The calculation of such payments is carried out by calculating living wage wages in a specific region at the place of residence, as well as taking into account the mother’s constant expenses for the child.

If the man and woman were not officially married, then alimony payments begin from the moment the claim is filed, and not from the moment the marriage ends or the child is born.

But under special circumstances, a woman can request the court to accrue payments three years before filing a claim. But this is only possible if paternity has already been established earlier, before going to court.

IN otherwise, a man is recognized as the father of a child only from the moment paternity is established, and is not obliged to support anyone until that time.

Thus, the procedure for withholding payments for a child who was born out of wedlock is exactly the same as for children born into the world in an officially legalized union. To do this, you need a court decision or alimony agreement certified by a notary. These documents have full legal force and must be accepted for execution from the moment of their creation.

If one of the parents ignores the decision of these documents, then the second must contact the federal bailiff service at the place of residence, who will enforce alimony. They determine the debtor’s place of residence and work, identify his liquid assets in the amount of the debt incurred, and fulfill legal requirements.

If they cannot find the child support payer, then law enforcement agencies get involved. Together, they track down the debtor. If at the time of finding the debtor has no income and no place of work, then they forcibly force the man to find a job; if the latter refuses, then he faces an additional fine and arrest.

If the alimony debt is large and a man cannot pay, his liquid property is confiscated to pay off the debt; if this property is not enough, then the property of his immediate relatives and family members may be foreclosed on. Such property is put up for auction, the proceeds from the sale of which are used to repay the amount of debt to the plaintiff.

The legal status of children born out of wedlock often raises doubts and disputes. In particular, parents and relatives are concerned about the possibility of receiving alimony from the biological father, who was not the legal spouse of the minor’s mother.

Is he obliged to pay funds for the maintenance of an illegitimate child if he has children from his legal spouse or does his parental rights and responsibilities apply only to the latter? Studying the Family Code and the information presented below will help clarify this issue.

Is it possible to collect alimony for an illegitimate child?

The current legislation of the Russian Federation equalizes the rights of children, regardless of the presence of marriage between their biological parents. This is stated in Art. 53 IC RF.

For this reason, the mother or other legal representative of a minor can fully apply for the recovery of alimony from the father, even if he is married to another woman and has children from her.

The decisive factor here is the fact of legal recognition of the child. This procedure is established by law and in most cases is performed at the free will of the biological father, who, after (or before) the birth of the baby, will have to contact the civil registry office to confirm paternity.

The right to financial support from the father for an illegitimate child arises from the moment the parent is entered into the birth certificate. If this does not happen and there is a dash in the “Father” column, parental rights and responsibilities will completely transfer to the mother.

If the child was born after the divorce

Recognition of a newborn is not required if less than 300 days have passed from the moment of the parents’ divorce to the birth of the child. In such a situation, it is automatically registered in the name of the mother’s ex-husband (by virtue of Article 48 of the RF IC).

If this is not true and the father or mother does not agree with this state of affairs, they have the right to challenge paternity in court. Otherwise, the parent will have to bear responsibility for the maintenance of the child until he reaches adulthood, despite the presence of children under 18 years of age in the new marriage.

If paternity is not established

The rights and obligations of the father arise on the basis of the entry about him in the birth certificate of the minor. If there is no mention of it, or it is written down from the words of the mother, it will not be possible to recover anything from the biological parent.

Justice can be restored and the father involved in caring for the child by establishing paternity. This procedure is carried out in court, where the mother or other interested representative of the minor will need to prove the presence of genes in common with the father and establish this circumstance documented.

Based on a satisfactory decision of the court, the birth record is corrected and alimony is assigned to provide for the child.

A strong argument for establishing paternity will be: the results of DNA fingerprinting, certificates from medical, educational, and other institutions, testimony of witnesses, visual evidence (photographs, videos, etc.).

Father deprived of parental rights

Alimony for illegitimate children is also due in the event that the father is deprived of parental rights, since this in no way affects his responsibilities for the maintenance and satisfaction of the basic needs of the child.

It’s a different matter if the minor is adopted. Then the adoptive parent begins to bear financial responsibility for him.

Differences between recovery of a child in marriage and out of marriage

The procedure and features of withholding funds for a child born in marriage and out of wedlock are no different. The exception is the lack of recognition by the biological father.

In such a situation, the mother (or guardian) of the minor will have to:

1. Establish in court a relationship with the future alimony payer.
2. Contact the civil registry office to make changes to the birth certificate.
3. Receive a new birth certificate.

And only after this the child’s legal representative can demand the collection of alimony in the general manner.

How much can you expect?

There is no clear answer to the question about the amount of alimony for illegitimate children. The required amount is determined individually, based on the circumstances surrounding the situation under consideration.

With a stable income of the payer

If cash receipts parents are easily determined, do not raise doubts about their reliability, and their value practically does not change from month to month, an illegitimate child can count on receiving a fixed share from them.

The size of the share will depend on the number of children born to one mother:

• for 1 child, 1/4 of the father’s salary* is charged;
• at 2 - 1/3;
• 3 or more will receive 1/2.

But if there are children from another woman, child support obligations can also be adjusted taking into account their needs. For example, for three illegitimate children, 1/2 of the payer’s income is not withheld if he also has an officially recognized child within or outside of marriage.

* - when determining the amount of alimony, almost all types of income of the payer are taken into account, except for wages:

• business income;
• official salary;
• bonuses;
• benefits;
• funds received from the sale/rent of personal property of the alimony worker, etc.

With hidden sources of profit

When monthly income the parent cannot be determined with accuracy or its size is unstable.

To do this, the mother goes to court and provides the court with information about the child’s needs, the well-being of his father and other circumstances that could affect the amount of periodic payments.

The judge, taking into account the information received and the cost of living in the region, sets a fixed amount that the alimony provider will be obliged to transfer to support the child, regardless of the current level of income.

If there are other alimony obligations

The father's alimony obligations in favor of other persons (children, spouse, parents, etc.) significantly influence the size of monthly transfers.

The judge takes this factor into account and in some situations may in order to balance the needs and resources of all persons interested in the payer's finances.

How to collect child support from a biological father

The nature and procedure for collecting funds may vary. They are influenced by the degree of mutual understanding between parents and the presence of circumstances that they are not able to influence.

Methods

Collection of alimony can occur in one of two ways - in court or peacefully, through the conclusion of an agreement. And the features are presented in the comparative table.

Through the court

Disputes regarding the assignment and collection of alimony are resolved in court. The parent or guardian of a minor, as well as their representative, have the right to file a corresponding claim on the basis of a notarized power of attorney.

Procedure

The applicant (plaintiff) in the process of collecting funds for child support:

1. Collects documents.
2. Files a claim.
3. Submits papers to the magistrate's court at the place of residence of the defendant (the child's father) or at the place of his registration.
4. If necessary, fulfills the requirements of the judge (provides additional information, appears at the meeting, etc.)
5. Receives a copy of the act on the assignment of alimony.
6. Takes measures to collect due funds.

If to determine the amount of monthly payments it is enough to indicate the share of the payer’s income, his participation in the process of issuing a court order is not required. But even in the case of a controversial situation (when a fixed amount of alimony is calculated or the ratio of shares of income between several recipients is adjusted), the defendant has the right to refuse to attend, having previously notified the judge.

Statement

An appeal to the court is drawn up taking into account the peculiarities of the process:

• if this is writ proceedings (it is only necessary to establish the share due to the child), an application for the issuance of a court order is necessary;
• if there is a claim (to determine a fixed amount of alimony), a claim is filed.

The application for issuing an order shall indicate:

1. Magistrate's precinct number and location.
2. Full name, address of the debtor and claimant.
3. Date of birth and full name of the child.
4. The essence of the current situation (why the father does not pay child support).
5. Current legislative provisions in favor of the position of the applicant (claimant).
6. Request for recovery.
7. List of attached documents.
8. Date of application.

In a statement of claim, the claimant becomes the plaintiff, and the debtor becomes the defendant. Additionally, the reasons for the need to determine alimony in a fixed monetary amount and a preliminary calculation of the amount of monthly payments are outlined.

At the end, the appeal is signed by the applicant.

Sample

Documentation

The application for recovery must be accompanied by:

1. Birth certificate.
2. A copy of your ID.
3. Father's income certificate.
4. An extract from the house register or other document confirming the joint residence of the child and mother.
5. A copy of the decision of the guardianship and trusteeship authority to appoint the applicant as the legal representative of the minor (if the application is submitted by a guardian or trustee).
6. Power of attorney in the name of the representative (if he was authorized to submit the application by the legal representative of the child).
7. Certificate of income of the applicant.
8. Documents confirming the special needs of the minor.

The given list of documents is not exhaustive and can be supplemented or changed according to the accompanying circumstances of a particular case.

Expenses

Consideration of applications for the collection of alimony for minor children is not subject to state duty. Therefore, any demands for payment from judicial officials are unlawful.

Practice

The development and outcome of consideration of cases for the collection of alimony can be understood by analyzing judicial practice. For clarity, two typical examples are presented below.

Example 1. The mother of a minor child applied to the magistrate for an order to collect alimony. Her demands were to withhold funds for the maintenance of her common son with the debtor, in the amount of 1/4 of his income.

In addition to the debtor's child, the defaulter had a daughter born in marriage with his legal wife. In light of the information presented and the requirements of the law, the judge satisfied the mother’s demands by issuing an order for alimony in the amount she proposed.

Example 2. The court received a claim for the recovery of alimony in a fixed sum of money in favor of the plaintiff’s daughter. The defendant in the case was the minor’s father, who was not legally married to her mother (plaintiff). The reason for the requirement to determine a fixed amount of periodic payments was the unstable and unofficial income of the father, and his reluctance to pay the amount specified by the mother voluntarily.

In contrast to the position of the plaintiff, the defendant stated that her claims were unlawful - in his opinion, the claims were unreasonably inflated and significantly exceeded the needs of the child. In addition, the real income of the payer would not allow him to pay the requested amount without prejudice to his legitimate interests and the rights of his other children.

The judge examined the arguments and evidence presented by the parties and calculated a different amount of alimony that satisfied basic needs child, without violating the interests of the defendant and his dependents.

In peaceful way

Litigation is a last resort measure against the defaulter. The first thing the parents of a minor should do is try to agree on the amount and procedure for fulfilling child support obligations without the intervention of a judicial authority.

How to compose

The alimony payment agreement is drawn up based on the opinions of both parties. Freedom of expression and understanding of the essence of the transaction are extremely important (without this, it may subsequently be declared invalid).

As for the content, there are no strict regulations regarding this. The text of the agreement must indicate points that are fundamental for the child’s legal representatives. Most often, the document includes provisions on:

• the amount of monthly payments;
• transfer time;
• method of transmission;
• liability for violation of established points;
• the amount of the penalty for late payments;
• exceptions to avoid liability for non-fulfillment of the agreement.

When drawing up an agreement, it is necessary to remember that it is inadmissible to violate the legal rights and interests of the child, his representatives and persons who are also dependent on the alimony provider. Otherwise, the document will be considered devoid of legal significance.

Conclusion procedure

Concluded in notarial form. To do this, the child’s representatives need to perform the following algorithm of actions:

1. State the text of the agreement in triplicate (by hand or using technical means).
2. Appear together at the notary.
3. In the presence of an authorized specialist, sign all three copies of the document.
4. Submit to a notary for certification.

At the end of the procedure, each party takes one copy, the third remains with the notary.

Many people believe that child support in marriage and in the absence of marriage is not issued. And you can receive some payments from an unscrupulous parent only after termination legal marriage or leaving the officially existing family of the 2nd parent. And an indispensable condition for this is supposedly the existence of legal marital relations and their subsequent dissolution.

Actually this is not true. It is also possible to collect alimony without marriage and receive alimony payments during marriage. Moreover, even simultaneous alimony payments from different marriages are possible.

The relationship between alimony and marriage

According to Russian legal norms, parental responsibility to support their children does not depend on the presence or absence of a registered marital relationship between the mother and father. If 1 of the parents refuses to provide financial support for their child, then the 2nd has the right to apply for the recovery of alimony payments from the first. This can be done both during the period of cohabitation, and in the complete absence of marriage registration.

Important! Marriage and child support payments have nothing to do with each other. The key factor is registered biological or social paternity.

Alimony in marital relations

Being in an official family relationship, one of the parents who is directly involved in the upbringing and maintenance of the child can turn to the procedure for forced collection of alimony. Prerequisite for this purpose - the absence of voluntary financial assistance from the 2nd spouse. These will be the funds collected from the child in the marriage.

You can agree on the payments due amicably and enter into an agreement on the voluntary payment of alimony. It is certified by a notary.

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If the spouse does not agree to peaceful negotiations, then coercive measures provided for by law can be used.

The easiest way to recover money is to apply to a magistrate for a court order. This is a simplified procedure. It only applies if there are no objections from the 2nd spouse in this regard.

In the event of a dispute, collection can only be carried out through legal action.

For judicial assignment of alimony, the plaintiff must provide evidence:

• absence of a previously reached agreement on payments;
• documenting the fact of paternity;
• evasion of the 2nd parent from participation in the maintenance of the offspring;
• financial situation of the recipient and the payer.

That is, how exactly to apply for alimony in marriage depends directly on the actions and behavior of the 2nd spouse.

How to collect alimony in the absence of marriage

The law also provides for child support in a civil marriage. Of course, applying for their collection is not as easy as in the case of a marriage relationship. But recovery is still possible.

Important! Alimony outside of marriage can only be recovered if there is recognized or established biological or social paternity. That is, the potential payer of alimony must be indicated in the “father” section of the birth certificate. Or, if he himself has never legally recognized the child, it is necessary to first establish the fact of paternity in court.

You can submit an application to establish paternity to the court simultaneously with a claim for the collection of alimony payments.

Attention! If the child was born within 300 days from the date divorce proceedings, then he is automatically considered to have acquired paternity.

The judicial procedure here will be similar. The only difference is the need in some cases for preliminary or simultaneous establishment of paternity. If the child was adopted, and the adoption was not cancelled, then money is collected for his maintenance in the same way as for children related by blood.

There is another factor in the lack of official family relations. The mother of a child born out of wedlock cannot claim payments for her maintenance. As is intended for married women in need of financial support in cases established by law.

Alimony for children from previous marriages

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It also happens that a person who is obliged to support his heir remarries and again has offspring. Wherein financial obligations from his previous marriage they do not disappear. However, the payer can still reduce their size. The procedure for collecting alimony for children born from different marriages is used here.

Attention! The amount of alimony payments collected depends on the total number of children for whose maintenance alimony is collected or voluntarily paid. So, 1 child is entitled to ¼ of the total earnings. For 2 - 1/3 of income. For 3 or more - ½.

This legislative provision often used by men who have entered into marriage for the 2nd or 3rd time. They enter into a voluntary agreement to pay alimony or ask the legal spouse to file a claim to recover funds. As a result, the number of children for whom funds are paid increases. And the size of the penalty for children from previous marriages is correspondingly reduced.

Since in this case the total share of possible recovery lasts for the number of children.

Any type of legal income of the alimony payment payer is taken into account. The exact list of types of earnings from which deductions can occur for such obligations is determined by the Russian government.

Methods of alimony provision: voluntary payments

At any period, parents, with mutual consent, can enter into an agreement on the voluntary payment of one of them or both alimony payments in favor of the other. Such an agreement must be concluded in writing and requires notarization. If these requirements are not met, the document will not have legal force.

If everything is done correctly, such an agreement can be presented at the payer’s place of work. How performance list. If for some reason he evades fulfilling his obligations.

Forced collection

It comes in 2 types:

• writ,
• legal action.

The first option is acceptable if the future payer does not support his child, but is not against having them collected from him through the court in an indisputable manner.

If the 2nd spouse disputes paternity, the very fact of forced application for payments or the amount of funds collected, the issue is resolved only through litigation. Each party will prove the circumstances to which it refers.

Important! The amount of alimony collected may be increased by the court or, conversely, reduced depending on the actual financial situation of the parties. An application for this must come from the interested party with the provision of relevant written and other acceptable evidence.

Rules for filing a claim in court:

• occurs through the magistrate's court;
• the presence of alternative jurisdiction (at the place of residence of the plaintiff or defendant);
• there is no state duty;
• mandatory proof of the defendant’s evasion of assistance in maintaining the offspring;
• determination of the size and method of payments (percentage, in a fixed amount);
• empowered judicial act, is transferred to the FSSP for subsequent execution.

During the lawsuit, the court hears both sides, examines the written and other evidence presented, and analyzes the case materials in their entirety. And only after this the issue of assigning alimony is decided. All relevant circumstances are taken into account. But the decision is made primarily taking into account the interests of the child.

If the child support payer doubts that the final recipient of the payments is fully spending this money on the child. He can subsequently go to court and ask that the money be partially (not more than 50%) transferred to a special bank card(account) opened in the name of the child. This can happen if there are good reasons to believe that there is misappropriation of funds by the recipient.

Video about the statutory amount of child support.

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The birth of a child to parents who have not registered their marriage is quite common today. Of course, a stamp in a passport cannot guarantee a happy family life, but a woman needs to know her rights in this situation. To obtain alimony from your common-law husband, you will have to spend some time.

Is it possible to apply for alimony without being married?

The answer to this question is clearly 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 apply for alimony without being married, even before the birth of the baby. The fact is that the solution to the issue is largely influenced by the fact whether the father was included in the birth certificate.

First, you need to know in what case you can apply for alimony. Here you should proceed only from the interests of your child. As a rule, the amount paid from the father is 1/4 of the salary (and other types of earnings) for one child, a third for two and half of the income if there are more than two children. It is clear that you will not be able to get enough money from an officially unemployed parent to support your child. In such a situation, the court may well determine the amount of alimony payments, if the marriage is not registered, in the amount of the subsistence level.

In addition, the law provides many benefits and allowances for a single mother. And sometimes proving paternity will only complicate some issues. For example, when traveling outside the country, you are required to take permission from your other parent, and no one can guarantee that he will not give you an unpleasant surprise in this situation.

Alimony for an illegitimate child

If you are determined and definitely want to receive alimony in a civil marriage, you must go through several stages. The first one is. There are two ways of development of events here. If your common-law spouse recognizes the child and is included in the birth certificate voluntarily, the situation becomes simpler. It is enough to prepare the following list of documents:

• passport (to confirm identity);
• child’s birth certificate (to establish the fact of paternity and maternity);
• certificate of paternity;
• certificate of family composition from the place of registration of the child;
• a handwritten statement addressed to the magistrate.

It is worth noting that the mere fact of entering the father's name on the birth certificate is not sufficient. If you do not have a certificate of paternity, you will need one.

If your former partner refuses the baby and you decide to seek child support for a child born in a civil marriage, you will have to make an effort. The fact is that even blood relationship does not give you a reason to demand payment. To do this, the court will have to provide evidence that this particular person lived with you and you have the right to alimony for a child out of wedlock. Evidence can be DNA testing, photographs, questionnaires or statements, or witness statements. Be sure to carefully think through and prepare all the necessary facts before filing a claim.

As for the DNA examination procedure itself, the defendant or plaintiff will have to pay for it. In the event that paternity is proven, the payment for the examination falls on the shoulders of the defendant, otherwise the plaintiff pays.

Alimony for an illegitimate child peacefully

You should never rule out a peaceful solution to this issue. You can enter into an agreement to pay child support outside of marriage voluntarily. It is concluded for a certain period or without a last one. The agreement must be written, with mandatory certification by a notary. By agreement of the parties, this agreement can be terminated at any time.