After divorce. 8 real situations with children and finance of
in the course of divorce and after it it is necessary to solve a set of problems. Whether it is possible to prevent a trip on rest of the ex-husband with the general children? How to the grandmother to get permission to communicate with the granddaughter? How to change the size of the paid alimony? On these and other questions of the clients who addressed in legal consultation, Marina Petrova, the lawyer with
Hope, 28 years, two children 5 and 3 years. “The ex-husband submitted the statement of claim for establishment of an order of communication with children. I not against its participation in education, but one of claim requirements revolted me - he asks to allow to take out children for 3 weeks in the summer out of borders of the Russian Federation! I consider that one he will not cope: children still too small. Whether the court can help me?“to
Hope, I recommend to you to write a response on claim requirements. It is possible to specify in a response that you object to evacuation of children out of borders of the Russian Federation without your presence because your children - preschool age, they need special leaving, special food. Specify that the father spent not enough time with children, and it has no due mutual understanding with them. It is possible also to ask to carry out expertize which will establish, how well the father communicates with children. But, as a rule, to court there are enough arguments that children are still too small and attached to mother to travel without her.
Victoria, 35 years, to the child is 15 years. “We decided on divorce. The husband submitted the statement of claim: demands that the child lived with him. I consider that the child has to remain with me. Besides, the husband has absolutely improper conditions for accommodation of the son. How I should arrive in such situation?“
Victoria, to you it is necessary to make a motivated response on the statement of claim: why you consider that it is better for child to live with you. Specify in detail all possible arguments which will prove your position (it is admissible, you together are engaged every evening or you visit sports club; your apartment is near school of the child, and the husband lives far; at your place of residence at the child there are a lot of friends, and the husband will bring it to the unfamiliar place; near your house there live your parents who also communicate with the child, help you etc.) .
I Pay your attention that on this matter the conclusion will be drawn by body of guardianship and guardianship. Experts of guardianship have to investigate conditions in which the child at the father and at mother will live. On the basis of all facts the body of guardianship has to draw a conclusion where it is better for child to live. Well, and at last, the child in court can be asked with whom he wants to remain. His opinion will play an important role.
Sergey, 41. “From first marriage I have two children. I very much love them, I meet them as it is appointed, and regularly I pay the alimony to the ex-wife. I know that she`s fine in the financial plan. Now I have other family, the child was born, and the new wife is in holiday on care of it. Besides, we have payments for a mortgage which make 35% of my income. There are not enough means. May I change the size of the alimony paid on children from first marriage?“
Sergey, to you it is necessary to appeal to court with a request to reduce the size of the alimony. Very accurately state the circumstances and apply all calculations. It is also necessary to enclose to the statement of claim the birth certificate of the third child, documents confirming that the wife is in a child care leave, documents for payment of a mortgage.
Alina Ivanovna, 65. “I am a grandmother
. According to the Family code, grandmothers and grandfathers have the right for communication with grandsons. You have to specify in the claim requirement in what days you would like to see the child, to describe, than you will be engaged. It is the best of all if it are occupations, useful to the granddaughter. Consider that the court will consider your requirement proceeding from interests of the child. It is important that your communication with the girl did not stir it the schedule, that is did not coincide on time with study, visit of circles, etc.
Oleg, 26.“ I get divorced from wife. The situation is following: we lived three years in its apartment. Initially the housing was in an awful state, and I was forced to make repair which turned out long and very expensive. By the end of repair we understood that we together cannot live. I asked the wife a half from the money spent for its apartment, but it refused. I am not going to take out furniture or household appliances. I need money. Whether it is possible to receive some compensation from repair?“Yes, it is possible
. It will be necessary to show the documents confirming the repair cost (checks, receipts, bank transfers). Taking into account depreciation, the wife will be obliged to compensate a half of cost of repair.
of Anastasius, 39 years.“ The ex-husband with ours still the little daughter decided to go to have a rest abroad. I categorically against this trip. To my arguments he does not listen and already bought tickets and reserved hotel. Whether there is opportunity something to make from the point of view of the law not to let the daughter?“to
Yes, it is possible to forbid departure abroad of the child, having written the corresponding letter to a border service. Only consider that in that case your ex-husband and the child will be stopped on border “with suitcases“ and will roughly send home. It can spoil your relations even more. Besides, if he so wants to leave, he can write the statement of claim with justification of why departure of the child abroad is necessary: for the amendment of health, increase of cultural, educational level etc. If the court finds its arguments convincing, then it will make the relevant decision which will allow them all - to leave.
Andrey, 28.“ We lived together 5 years, but the wife decided to divorce me. I tried all possible arrangements and promises, I very much love it and is ready to make any concessions! But she does not want to listen to me and in the nearest future is going to go to file the application for divorce. May I refuse divorce, I am a lawful husband and my opinion has to be considered too?! I am sure that I will be able to finish it, and we will reconcile“.
Andrey, your feelings are clear. Often one participant of couple does not want divorce. As your wife will go to get divorced through court, hearing in the course of which you can ask time for reconciliation will be appointed, and the court will postpone trial for 3 months. It will be your last chance because, unfortunately, if by the time of new court session you do not reconcile, and your spouse will unshakably demand divorce, then the court will dissolve your marriage regardless of your desire.
Lena, 22 years.“ We divorced till the son`s birth. The ex-husband recognized paternity and steadily pays the alimony, but there is catastrophically not enough received money. The child still too small, I cannot work, and is not enough for me for necessary things: pampers, baby food. Even there is no stroller! I tried to speak with the ex-husband, but he refers to a difficult financial situation, and recently asked not to call him supposedly he does as the court decided, and moreover is obliged nothing to me. But I not for myself ask! It is possible to receive at it the additional amounts as - nibud through court?“Lena, first of all, know
: under the law you have the right to demand also the alimony for yourself within three years since the birth of the general child.- partly your ex-husband is right
As for additional expenses on the child as just shortage of money for pampers or food is not the basis for collecting additional sums of money. It have to be one-time purchases. Jurisprudence developed so that courts actually always satisfy claims about collecting additional sums of money at the child`s birth (when providing checks) on carriages, beds, pelenalny little tables and other things, furniture, that is on what needs to be bought for the newborn at once and for long term. It is also possible to collect additional resources in case of an illness of the child when expenses on medicines are required for him, sanatorno - resort treatment and so forth. Surely collect all doctor`s instructions, also in all cases there have to be documents confirming your expenditure.