Rus Articles Journal

Alimony for the child: difficult cases. 10 questions to the lawyer of

the Family code of the Russian Federation accurately regulate questions of payment of the alimony after divorce. They are provided and at a civil marriage and if the child`s father - the foreigner. The sum of the alimony can change at a serious illness or disability of the child. About what procedure of collecting the alimony in difficult cases, tells Marina Petrova, the lawyer with 19 - summer an experience. whether

Can be demanded

under the law the alimony if lived in a civil marriage?

for

Yes, it is possible. For collecting the alimony for the child the stay fact in marriage does not play any role. According to 80 - y the article of the Family code parents are obliged to support the minor children irrespective of, their relations officially are registered or not.

At the ex-husband unstable earnings. Sometimes, showing the service record with the next dismissal, says that both there will be money, and will pay. Whether it is possible to force to pay somehow lawfully it steadily?

According to article 83 of the Family code “if the parent obliged to pay the alimony has the irregular, changing earnings and/or other income... the court has the right to determine the size of the alimony collected monthly in a firm sum of money“. Collect necessary documents and go to court.

to

to the Child needs urgent expensive treatment. Whether it is possible to request from the ex-husband the sum of money over the established alimony for this operation?

the Family code provided such situation. According to article 86 of the Family code “in the presence of exceptional circumstances (a serious illness, a mutilation of minor children or disabled full age children, need of payment of foreign care of them and other circumstances) each of parents can be recruited by court in execution of the additional expenses caused by these circumstances“. Pay attention that in court probably should be proved that the only opportunity to cure the child is to perform paid operation and that there is no opportunity to treat the child free of charge.

I pay

Ya on the child the alimony. But at the same time, visiting him, constantly I buy and I give things, sometimes to him sharply necessary. Whether it is possible to demand remission of the alimony as mother does not spend the received funds for the child? Better I, within the established sum, to it will buy all necessary.

Is not present

, the alimony cannot be taken in offset by other expenditure. And, probably, it is correct. In total - to plan what really important and needs to be bought for the child, someone has to one of parents. Try to discuss this question with mother of your child.

Heard

about the agreement on payment of the alimony. What the contract is?

is an agreement between two parties in which you have an opportunity in detail to record everything that concerns the child`s parents in the course of divorce: the size of the alimony, terms of payments, indexation of these sums, payment of any additional expenses on the child - is admissible, schools, the health insurance, summer camp. The agreement certified at the notary is valid the court order. In my opinion, it is the most convenient and civilized way of settlement of the relations between mother and the child`s father.

the Father - the foreigner of the child recognized, but went back to Europe. Whether it is possible in the lawful way to force it to pay the alimony? How the sum will pay off?

It is unconditional, it is possible. You have to appeal to court and demand collecting the alimony. The alimony will be collected by the Russian legislation: on one child - one quarter, on two children - one third, on three and more children - a half of earnings and/or other income of the parent. After decision you give the court order to bailiffs.

We adopted the child, but after a while after that divorced. May I demand the alimony?

Yes, you can. According to article 137 of the Family code “the adopted children and their posterity in relation to adoptive parents and their relatives, and adoptive parents and their relatives in relation to the adopted children and their posterity are equated in personal non-property and property rights and duties to relatives by origin“. Thus, the court will collect the alimony for keeping of the minor adopted child.

Ya divorced the second time recently. I have a child from the previous marriage, but the second husband brought up it since a year, the son called him the father. However the second husband officially was not specified as the father anywhere. Now we dispersed. He plans to continue to communicate with the son. May I receive in the lawful way the alimony from it?

you can appeal to court with a statement of all facts of the case and with the requirement to pay the alimony. The court will consider your requirement. But be ready that, perhaps, the court will refuse claim requirements as the child has other father who is obliged to support the minor son.

When we with the sister were small, our father after divorce with mother did not pay it kopeks. And now he submitted the application with the requirement that we provided him as the aged parent. May we prove somehow that we are obliged to it by nothing as it evaded from the help to us in due time?

“children can be exempted by

According to article 87 of the Family code from an obligation for keeping of the disabled persons in need in the help of parents if by court it is established that parents evaded from performance of duties of parents“. But you will have to prove in court that the father really did not support you, - only it will be the basis for refusal in its claim requirements.

Can increase the sum of the alimony at the arisen disability of the child?

If in connection with disability additional expenses on the child arise, then it is possible to file a lawsuit the statement of claim against collecting such expenses. In detail state in the statement of claim what expenses are, and also prove their need and cost.