The content of juvenile children or incapable family members is the responsibility of both spouses. If the unscrupulous citizen in every way pulls the dissolution of marriage, or you both understand that you don't want to make a family, but you still need payments to the content of the child, know that the divorce is not the main reason for submitting an application for charging alimony. Even retaining the family, you have the right to receive monetary support from the second spouse. How exactly is the procedure for recovering alimony in marriage, read this article.
How to submit to alimony without divorce by mutual agreement
The easiest way, unfortunately, is rare. Most often, alimony by agreement pays the spouse, well aware of their inability to control personal spending. In this case, a married couple costs without a lawsuit and long-proceedings. You install the amount of monthly payments themselves together, and it is automatically credited at the expense of the second spouse at the beginning of the month.
In most cases, one of the spouses still have to resort to legal proceedings. Consider in detail how to file a lawsuit and who is entitled to it.
How to file on alimony without divorce through court
When one of the spouses refuses financially to help the second, the trial will help solve this situation. If the case ended the victory in your favor, the spouse will not be able to avoid the payment of alimony.
What kind of life situations give the right to receive alimony in marriage:
- general minor child;
- pregnant wife;
- one of the spouses is disabled;
- an adult disabled child;
- a spouse who carries for a common child under the age of three;
- one of the spouses caring for an adult child is a disabled person.
If your case is suitable for one of these items, such documents should be collected:
- identity document;
- if the reason is common children, their copy of the birth certificate;
- copy and original marriage certificate;
- certificate of family composition from your place of residence;
- certificate of income and your, and the second spouse.
You attach to these documents:
- justification of spending on a child in writing;
- calculation of the accumulated amount.
The last item is calculated from the official wage of the second spouse. At one minor child, the spouse pays a quarter of his monthly income, for two children - one third salary, on three and more - half.
If the salary of the spouse is not fixed, or changes too often, the alimony will be calculated from the considerations of the minimum subsistence minimum and the number of common minor children.
The lawsuit must consider within five working days and cause both parties to the trial in the specified number.
If you win the case, then the appropriate certificate is sent to the work of the second spouse, where Accounting translates you the necessary part of the money after the salary of the spouse monthly.
As you can see, get the support for the maintenance of the child in marriage or a disabled spouse is not so difficult, but this process takes time and perseverance from the plaintiff.
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