The law allows a pregnant woman to file a claim demanding that the father of the child pay her alimony, regardless of whether they live together or apart, whether they are married or not. The Investigative Committee does not indicate a specific amount of payments; the parties must agree on this among themselves, and the court will approve the decision of the spouses in its ruling. The agreement is formalized in a written contract, which is recommended to be notarized. If a peace agreement cannot be reached, the woman has the right to file a lawsuit.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
+7 (499) 110-56-12 (Moscow)
+7 (812) 317-50-97 (Saint Petersburg)
8 (800) 222-69-48 (Regions)
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
In what cases does a spouse have the right
After a couple divorces, the wife also has the right to claim alimony from her ex-husband, subject to certain conditions. A woman can demand financial support if the marriage is registered:
- The spouse is pregnant or on maternity leave for a child under 3 years old.
- The spouse is caring for a child with a disability group under 18 years of age, and the need for financial assistance is documented.
- A child who is disabled in group 1 since childhood is dependent on the mother, regardless of his age. The lack of material resources must be documented.
The legal norm for a pregnant woman: she can demand financial support from her husband if it is confirmed that this is their common child.
Some additional reasons for receiving financial support:
- The wife needs financial support and is disabled in groups 1 and 2, which she received during the marriage or within 1 year after the divorce.
- The spouse is at retirement age, and no more than 5 years have passed since the divorce.
General principles of mutual content
Article 1 of the Family Code of the Russian Federation enshrines the main principles of family law, which are the basis of the entire system of legislation in this area. The principle of mutual material support for spouses is logically and morally obvious.
The voluntariness of marriage between a woman and a man, as well as the equality of spouses, together imply equal responsibility and rights in relation to themselves and their children.
In addition, Art. 89 of the RF IC directly establishes the obligation, and not the desire, to financially support the spouse. This circumstance has nothing to do with the level of income, material well-being or ability to work.
Historically, in most cases, the man is responsible for implementing alimony obligations in the family. However, the legislation provides for mutual material support.
Expert commentary
Vladimir Roslyakov
Lawyer. More than 12 years of experience.
Ask a question
This rule applies only to spouses who have officially registered their marriage. This provision does not apply to persons living together (in a “civil marriage”).
When the opportunity is lost
According to the law, the former spouse may be exempt from paying alimony to his pregnant wife during marriage or receive a relaxation in the amount or timing of payments if the following conditions are met:
- Short duration of marriage. The law does not stipulate a specific framework; in each specific case this issue is resolved individually.
- Immoral behavior of the spouse: alcoholism, rudeness, insufficient attention to the husband and children, infidelity, neglect of marital duties.
- The occurrence of a woman's disability as a result of alcohol abuse, drug abuse or the commission of a crime.
The right to alimony ends as soon as the ex-wife remarries and officially registers the marriage.
Is it possible to cancel alimony payments? The answer is presented in the article “How to Stop Child Support Payments.” You can find out how alimony is withheld from vacation pay here.
How is alimony calculated for a pregnant wife during marriage?
According to the law, a woman has the right to claim her maintenance from her husband during pregnancy and while caring for a baby up to 3 years old. The maximum payment amount is no more than 1/2 of the amount that is due to the child in accordance with generally accepted legal norms:
- 25% for 1 child;
- 33% for 2 children;
- 50% for 3 or more children.
The amount of alimony for a pregnant wife who is married, which she can recover from her own husband, should not exceed 12.5% of his total income.
If a man pays child support in another marriage, then the calculation is made based on the freed amount of income that remains from transferring funds to other children.
When calculating alimony, an indicator equal to the subsistence level in the region of residence is used. When it changes, the amount of alimony changes accordingly.
Methods
The transfer of alimony to the wife, as well as to the children, is made in various ways:
- In a fixed amount, which is paid periodically by agreement.
- In a fixed amount, which is paid once in full.
- Replacement of cash with property.
- As a share of the payer's income.
- By other means as agreed between the parties.
The transfer or transfer of money is also carried out in the manner agreed upon by the spouses: cash in hand, transfer by mail, transfer to a bank account or card, with the help of a third party.
Procedure for collecting alimony payments
Legislators have provided 2 ways to collect alimony payments for a pregnant wife from her husband:
- husband and wife can draw up an alimony agreement, the document must be certified by a notary;
- a pregnant wife can obtain alimony by filing a claim in court.
If the spouses can agree, it is recommended to draw up an alimony agreement. It determines the amount and frequency of payments. This option is more preferable, as it will save time and nerves, which is very important for a pregnant woman.
The child support agreement will need to address the following issues:
- Amount of alimony support. It is indicated in a fixed amount, linked to the minimum wage or another indicator acceptable to both spouses.
- The frequency with which the pregnant wife will receive money from her husband.
- Method and timing of money transfer.
- Cases when additional financial support may be required (for example, illness).
It is recommended to go to court if it is not possible to reach an agreement with your husband or if he avoids his obligations. Appointment of alimony maintenance through the court is possible only if there are grounds for this, defined by law. Otherwise, the husband will be able to evade fulfilling his obligations.
Where to contact
The issue of alimony is decided in court if the parties fail to reach an agreement amicably in pre-trial proceedings.
The spouse submits an application to the court if the husband refuses to fulfill the obligations to support the children. Ways to file a claim:
- The wife files the claim in writing. It is drawn up in the same way as an application for child support.
- Appeal to the magistrate with a petition for the assignment of alimony.
In the second way, the issue of assigning alimony is resolved faster: the judge makes a decision within 5 days. Making a judgment for 3 or more children does not depend on the presence or absence of the defendant. If there are compelling reasons to assign alimony, the court will satisfy the applicant's claim.
Drawing up an application
A spouse, formerly or not yet divorced from her husband, who is in financial distress during maternity leave, can file a claim in court.
A sample document is provided to the plaintiff at the court office.
The application must contain the following information:
- The name of the court where the statement of claim is addressed.
- FULL NAME. spouses.
- A description of the reasons why the plaintiff is applying for alimony with reference to the insurance company, indicating his financial situation, current expenses for the purchase of medicines and other necessary things.
- Request for alimony.
- List of documents that are attached to the claim.
- Date of application, signature of the plaintiff.
The court determines the degree of financial distress of the applicant, assigns alimony in a fixed amount until the common children reach 3 years of age, or refuses to satisfy the claim due to insufficient grounds for assigning alimony.
Alimony for a pregnant woman.
Pregnancy is an all-around difficult period for a woman. To save a child, sometimes you have to give up work altogether, or constantly go on sick leave.
And sick leave is paid only in case of official employment, and still these funds are not enough to live on.
A woman should be in a favorable psychological environment; it is important to avoid stress, and this is not always possible at work.
Even if a woman tolerates pregnancy well and is officially employed, new expense items appear.
She needs vitamins, good nutrition, warm clothes, and larger clothes. The hospital may prescribe paid examinations; doctors today especially carefully monitor the health status of every pregnant woman.
All this became the reason for introducing into the Insurance Code a provision on the appointment of alimony for a pregnant woman.
Package of documents
The plaintiff's statement alone is not enough to obtain a positive court decision. The claim must be supported by a package of documents:
- Certificates of marriage and divorce, birth of children.
- Certificate of family composition.
- Applicant's passport with a copy.
- Bank account details.
- Receipt for payment of state duty.
- Certificates of income of the applicant and the respondent.
- Pensioner's ID.
- Confirmation of disability.
In addition, a certificate from the clinic is required stating that the woman is pregnant or unable to work or is disabled.
The court may require additional documents depending on the specific situation.
Innings
All documents are provided both in original and in copies to the office of the court. The court considers the application with a package of documents within 5 days.
The case remains under consideration if the application is drawn up in accordance with the rules and the documents do not raise any objections.
The documents may be returned to the plaintiff due to the lack of grounds for a positive decision, that is, the judge will see that the collection of alimony is not possible or the status of the defendant does not meet the requirements of the law. Refunds are also made due to insufficient documents.
The applicant files a claim for alimony payment according to the established form. The claim is drawn up in writing in the plaintiff’s own handwriting, in compliance with the requirements for such statements.
Is it possible to receive alimony payments for the previous period? The answer is presented in the article “Is it possible to receive alimony retroactively?” You can find out about the application to the accounting department for alimony (sample document) here.
Judicial practice and other formalities
Alimony cases occupy a significant place in judicial practice. They have different jurisdiction:
- Cases regarding the assignment of alimony to spouses are considered by the magistrate court.
- Applications for the collection of alimony for minor children, provided that they are not complicated by other requirements, are considered by the magistrate's court.
- Documents on the collection of alimony for adult disabled children are considered in claim proceedings.
Filing an application to the court is relevant in the following cases:
- The woman presents an agreement to pay alimony, drawn up by mutual consent, which the husband refuses to fulfill.
- A pregnant woman or a woman on leave to care for an infant under 3 years of age has no source of income other than maternity payments and is left without financial support from her husband.
Alimony awarded by the court is collected by bailiffs.
Spousal maintenance, which is collected from the husband by court decision, should in no way affect the alimony that is intended for the maintenance of children.
Can the court refuse?
Based on judicial practice, alimony payments to a spouse are second-priority obligations. The first includes child support and maintenance for elderly parents. The court has the right to refuse to grant maintenance if:
- the defendant has no official income;
- the defendant has maintenance obligations towards children or needy parents;
- the spouses lived in marriage for a short period (up to a year, in some cases up to five years);
- in marriage, the woman led a lifestyle that was contrary to morality (took drugs, alcohol);
- the woman entered into a new marriage.
