In addition to increasing the number of divorced marriages, sociologists pay attention to the emergence of a more difficult problem in the sphere of family relations. Many married couples can not officially terminate a relationship because of financial difficulties, or because there is a lack of agreement on matters concerning underage children. Divorce, division of property, alimony - for various reasons, these factors can be a difficult problem, condemning the spouses to forced coexistence. But, most often, the reason for such situations is ignorance of the laws. Legislation of different countries provides for various options for the exercise of their rights and obligations, and it turns out that it is also possible to receive alimony for a child in marriage, and in some cases also for a needy spouse. You can apply for alimony without divorce if there are no common children, if the incapacity of one of the spouses is recognized in court.
Alimony on the child in marriage
You can apply for alimony without divorce in situations when one of the spouses does not fulfill its obligations towards the child. In such cases, the needy spouse can file for alimony while in a marriage. Legislation stipulates cases in which child support is charged for both the child and the spouse. For example, if a woman is pregnant, as well as 3 years since the birth of a child, she can receive alimony for both the child and herself. The procedure for applying for alimony without divorce is the same as for alimony after the divorce.
In the absence of disputes, the spouses can independently draw up a contract and specify the necessary amounts in it. But, in order for the agreement to have legal force, it must be officially certified by a notary.
If disputes arise and one of the spouses disagrees to fulfill their obligations towards the partner or minor child, you can file a statement of claim for divorce and alimony. At the same time, alimony will be accrued from the moment the application is filed, and not only after the divorce. If a divorce is not possible for any reason, then only an application for alimony is filed.
When submitting an application for alimony, it should be borne in mind that a court can only accrue a certain percentage of the official income of one of the spouses, or alimony in a hard cash amount. There are certain factors that affect the amount of alimony payments. For example, the child's health, health status, income level, the presence of other children from the spouse who fulfills alimony obligations. Therefore, if the official income differs from the unofficial, as well as with irregular income or the absence of official employment, it is better to demand payment of alimony in a hard cash amount. To do this, you may need documents proving that the actual earnings exceed the amount specified in the income statement. For example, documents that testify to the acquisition of expensive items, the conclusion of profitable transactions.
In addition to paying alimony, legislation provides for the joint participation of parents in the development or treatment of common children. If there is no mutual consent, then in court you can apply for additional costs. This option is also possible if you are accruing child support without a divorce.
If the alimony is not used to meet the needs of the child, the spouse who pays alimony can apply to the court for permission to transfer 50% of the monthly payment to the child's personal account.
Recovery of child support in marriage
In case of malicious evasion of payment of alimony, the law provides for criminal liability. If, however, for a certain period of time, alimony is not paid, then state assistance is made for the child. In the future, the amount of state aid transferred to the child is recovered from that spouse who has alimony obligations.
With the appropriate court decision, if the fact of malicious evasion of payment of alimony is proved, property may be sealed and other measures taken to recover the appropriate amount.
Alimony in a civil marriage
In spite of the fact that there is no such thing as a civil marriage in the legislation, to receive alimony, if the spouses are not married, it is also possible. Since any legislation explicitly stipulates the rights and duties of parents
It is also worth noting that if one or both parents deviate from the fulfillment of the statutory obligations to the child, then these parents, or the parent, are not eligible for alimony or other material assistance from children provided for by law.
Submit documents for alimony without divorce is better after consulting a lawyer. An experienced specialist will advise which documents can be useful for obtaining the optimal amount, as well as help to correctly formulate an application or contract.