Sociologists pay attention not only to the increase in the number of divorced marriages, but also to the appearance of intractable problems in family relations. A lot of married couples can not officially break off relations due to the material difficulties that arise in front of them, due to the lack of agreement on the issues of underage children whose parents are. Divorce, alimony, division of property - all these are the reasons that condemn the spouses to a joint existence in spite of their wishes. But the most frequent reason for the emergence of such situations is ignorance of the laws.
So, for example, the law provides for alimony for the child, while in a marriage, and in special cases it is possible for a needy spouse (spouse). You can also use the right to support children without divorce and even if there are no common children in the family. For this, the court must recognize the incapacity of the spouse (spouse).
Alimony, without official divorce, can be recovered in situations where the spouse does not fulfill her parental obligations in relation to the child. Then the needy spouse submits for alimony, while being in a legal marriage. Legislation provides for cases where the alimony is charged on both the child and the spouse. Such situations include cases when a woman is pregnant or the child has not reached the age of 3 years from the date of his birth. In these cases, the mother can recover from the father of the child alimony both for himself and for the maintenance of the child. The application for alimony without divorce has the same procedure for filing, as for alimony after the official divorce.
Spouses can stipulate the necessary amounts and, in the absence of disagreements, prescribe it in the contract independently. But for legal force the contract must be certified by a notary.
In case of disputes, disagreement of one of the spouses to fulfill obligations with respect to a partner or minor child, you can apply with a statement of claim for alimony and divorce. Then alimony is accrued from the date of application, and not after the official divorce. In the event that a divorce is not possible, you must apply for alimony.
Collecting alimony, it should be borne in mind that the court can only charge a certain percentage of the official earnings of the spouse or alimony in a fixed amount. The amount of alimony payments is affected by several factors. These include: the state of the child's health, the level of income, the state of health of the spouse, which is obliged to alimony payments, as well as the presence of other children.
Therefore, with non-permanent income, lack of employment or a situation where the official income differs from the unofficial one, it is recommended to demand alimony in a fixed amount of money. But this may require the collection of documents that the real earnings are a larger amount than indicated in the income statement. This can be documents about making deals, buying expensive things.
In addition to paying alimony, the legislation provides for the participation of both parents in the life, development, treatment of common children. In the absence of mutual consent, an application is submitted to the court for the spouse to pay additional costs, even if child support is accrued without a divorce.
In a situation where child support is not spent for the needs of the child, the spouse from whom alimony is collected is entitled to apply to the court. Then permission may be obtained to transfer 50% of the monthly child support to the child's personal account.
Malicious evasion of payment of alimony is punishable by criminal liability. For a period of time when payment of maintenance for any reason is not possible, the child can be issued state assistance. Further, the amount of such assistance will be collected from that spouse who pays alimony.
If there is a court order, when the fact of deliberate malicious evasion of payment of maintenance is proved, the property of the defaulter may be sealed or other measures of collecting the corresponding amount taken.