Alimony for a disabled spouse. Points to remember

According to the norms of Russian family legislation (current for 2020), spouses must support each other financially. From this we can conclude that the husband is obliged to support the mother of his child.

Most often, the mother of a child especially needs financial support from her husband in the following situations:

• while on maternity leave - on parental leave for up to three children;
• being pregnant;
• caring for a disabled child.

The mother of a child under 3 years of age may demand that her husband pay alimony for herself both during the marriage and after its dissolution. You can apply for alimony for your spouse either voluntarily or through the court.

The amount of alimony for a wife on maternity leave depends on many factors and is determined by the court in each specific case individually. Even if a woman works until her child is 3 years old, she still has the right to receive financial assistance from her (former) husband.

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Terms of payment without divorce

According to Part 1 of Art. 89 of the Family Code (FC) of the Russian Federation, spouses are obliged to provide each other with material support . If this does not happen, the spouse has the right to recover alimony from her husband in court.

The main condition for the mother of a child to receive financial assistance from her spouse is an officially registered marriage. This circumstance is indirectly indicated by the title of Chapter 14 of the RF IC “Alimony obligations of spouses and former spouses .” If there was no state registration of the marriage relationship , then the woman has the right to demand alimony only for the maintenance of the couple’s common child.

You can learn about how to collect child support for a child born out of wedlock.

→ in our article ←

According to Art. 89 of the RF IC, a wife can demand alimony from her husband for her maintenance in the following cases:

• if she is pregnant ;
• if the spouses’ common child is not yet 3 years old;
• if a woman is recognized as needy and is caring for a common child who is disabled until the child turns 18 years old;
• if the mother of a child with a childhood disability of group 1 is recognized as needy. At the same time, she has the right to demand that her husband pay alimony for her maintenance indefinitely, that is, during the life of the child.

It should be taken into account that a woman who is on parental leave to care for a child under 3 years of age has sources of income is not a basis for refusing to satisfy a claim for alimony. The employment of the child's mother may affect the amount of child support. This circumstance is enshrined in paragraph. 2 clause 44 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 56 of December 26, 2017.

The procedure for withholding alimony through the court

If a former spouse or husband refuses to pay alimony to a pregnant woman, then the expectant mother can only apply to the court.

The expectant mother needs to draw up a statement of claim taking into account all the requirements and prepare a package of documents.

These actions should be given special attention, as this will help avoid problems and delays in the future.

The claim must include all important circumstances of the case, such as:

1. The plaintiff's financial situation.
2. Financial situation of the defendant (husband, ex-spouse).
3. Facts confirming a man’s evasion of maintaining a pregnant woman voluntarily.
4. Evidence of kinship if a man disputes his paternity.

Sample statement of claim.

Where to contact?

Plaintiffs should know that it is necessary to file a claim for forced collection of alimony payments in a district or city court.

Filing an application to other authorities will take longer (until the papers are sent to the desired court).

Next, the judicial authority will decide whether to accept the claim for consideration or not.

In the first case, a meeting will be scheduled, in the second, the reason for the refusal will be indicated.

FOR YOUR INFORMATION! There is no state fee charged when filing a claim.

Required documents

As mentioned above, a package of documents must be submitted along with the claim.

It needs to include:

1. Certificate of marriage, divorce, birth of children.
2. Proof of disability (if available).
3. Pensioner's ID.
4. Certificate of family composition.
5. The plaintiff's passport and a copy thereof.
6. Certificates of income of the applicant and the respondent.
7. Bank account details.

Depending on the specific situation, the judicial authorities may request additional documents.

Amount of alimony

When making a decision regarding the amount of alimony payments, the court takes into account that a pregnant woman has the right to an amount not exceeding 12.5 percent of her husband’s total income.

Alimony is always set in a fixed amount of money, which is tied to the cost of living in the region of residence.

That is, payments can be assigned, for example, in the amount of 1/2 or 1/3 of this value.

ATTENTION! If the defendant is already fulfilling alimony obligations in relation to previously born children, then the recovery of assistance to the wife will be made from the amount remaining after the transfer of child support.

Grounds for refusal

The judicial authorities may refuse to allow the plaintiff to collect alimony payments from the defendant if the latter does not have the financial means to comply with the court decision.

If the ex-husband cannot make the necessary payments, then he must provide documents confirming low or no income.

Based on the evidence presented (if it is sufficient), the court with a high degree of probability may make a decision to refuse the claim.

Terms of payment after divorce

After a divorce, a woman can apply for alimony from the child’s father for her maintenance in the following cases (see Article 90 of the RF IC):

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• if she is pregnant with a common child ;
• if no more than three years since the birth of a child shared with the ex-spouse (in this case, the man will most likely be required to pay alimony for both the mother and the child);
• if the mother of a common disabled child takes care of him and is recognized as needy, in this case, payment of alimony for the maintenance of the woman can be collected until the child’s 18th birthday;
• if the ex-wife is caring for a disabled child of group 1 and is recognized as in need, she has the right to demand payment of alimony for herself on an indefinite basis, that is, throughout the child’s entire life.

Remember that in all cases, the spouse must have the necessary means to pay spousal support. If he does not have any, and he can prove this in the courtroom, then the claim for alimony for the spouse may be denied.

If the former spouse-mother of a common child enters into a new marriage, even if she is recognized as disabled and in need, the ex-husband’s alimony obligations are terminated .
This means that in this case, the ex-spouse is no longer obliged to pay alimony to the mother of his children (see Part 2 of Article 120 of the RF IC).

Collection in case of divorce

If the defendant is divorced from the claimant, then the plaintiff must present in court evidence of the need for support.

The judge takes into account that pregnancy is a period when a woman needs good nutrition, vitamins, and medications (depending on the doctor’s recommendations).

A child born in marriage and within 300 days after its dissolution is common.

If the former spouse doubts the relationship, then the fact of paternity is established.

Only after this does the defendant undertake to support his pregnant wife and unborn baby.

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Amount of alimony for mother's maintenance

The spouse (possibly already ex-wife) must pay alimony for the mother of common children in the amount and in the manner specified in the agreement between him and the spouse (former spouse).

If it is impossible to reach an agreement, then the woman must go to court, which will determine the amount of alimony for the wife. The decision will be made by the court based on an analysis of the following factors :

1. Financial situation of the parties (both women and men).
2. Marital status of the parties.
3. Other noteworthy interests of the parties: whether the man has dependents and other alimony obligations, the level of income of the father and mother of the child, etc.

Alimony for the maintenance of the (former) spouse is always awarded in a fixed amount of money, payable monthly. As a rule, the courts assign as payments the amount necessary for the normal existence of the mother, based on other income that she receives.
In all cases of consideration of such cases, the amounts of alimony for the mother are awarded different: from several hundred to several thousand rubles.

Duration of the procedure

An agreement to pay alimony to a pregnant wife is drawn up at a notary within a few days. This time will be required to verify the necessary documents. Consideration of a case to provide for a spouse during pregnancy in court can last a month, in rare cases longer. As a rule, the judge needs 1 or 2 meetings to make a decision, even if there are no objections from the defendant (spouse). The document comes into force immediately, regardless of whether a complaint is filed by the husband or not.

Registration of alimony for the maintenance of the mother

Payments for the maintenance of the mother can be formalized in the form of an alimony agreement. Spouses have the right to enter into this agreement on a voluntary basis. In it they can determine the amount and procedure for paying alimony to the mother of a minor.

The main condition that applies to an agreement between spouses is its certification by a notary . If this condition is not met, the agreement may be declared invalid.

To certify a child support agreement from father to mother with a notary, you will need the following set of documents:

1. Spouses' passports.
2. Marriage certificate.
3. Child's birth certificate.
4. An agreement on alimony for the baby's mother signed by the parties in the presence of a notary.

If it is impossible to reach an agreement, the child’s mother can file a lawsuit to collect alimony from her spouse (former spouse). In this case, the court will determine the amount and procedure for paying alimony for the maintenance of the wife.

To file a claim with the court for payment of alimony for your mother, you must have with you:

1. Passport.
2. Marriage certificate.
3. Child's birth certificate.
4. A lawsuit filed in accordance with all the rules established by the court (application for the collection of alimony).

Responsibility

For untimely transfer or evasion of payment of alimony, the spouse faces a penalty in the amount of 0.1% of the unpaid amount for each day of delay. It can be retained in court or through bailiffs (the latter should be contacted at the first sign of a spouse’s evasion of alimony obligations).

The Bailiff Service is authorized to carry out the forced execution of judicial acts, agreements on the payment of alimony and the collection of accumulated debt.

The spouse can ask for assistance in withholding the money owed at any time during the period of the alimony obligations of the father of her unborn child or within three years after its end. To do this, she will need to present a writ of execution (agreement on the payment of alimony or a corresponding judicial act) and a statement of collection.

The bailiffs must do the rest themselves. Their powers include the implementation of the following measures:

1. Search and warning of the debtor.
2. Identification of the sources and amount of his income.
3. Transfer of a resolution to withhold periodic payments to the place of work or service of the alimony worker.
4. Inventory of personal property and sale of it in order to allocate the required amount.

If they ignore or poorly perform their duties, the actions/inactions of bailiffs can be appealed to higher officials.

The procedure for collecting alimony for the maintenance of the mother

Alimony payments established by the judicial authorities are collected from the payer with the help of the bailiff service . At the spouse’s place of work, funds are withheld from his wages in the amount specified in the writ of execution, which is issued after the decision is made. The administration of the organization transfers a certain amount to the woman’s account.

If the spouse does not fulfill the terms of the notarial agreement, the woman can also turn to the bailiffs with a request to begin enforcement proceedings in her case, because the concluded agreement on alimony for the maintenance of the spouse has the force of a writ of execution .

Is it possible to do without a trial?

Going to court is a last resort when resolving the issue of receiving alimony. It should be preceded by attempts to come to a common agreement with the husband regarding the amount and method of transferring funds for the maintenance of the pregnant wife.

If the spouses still managed to reach agreement on the main potentially controversial points, they should express it in documentary form. This can be done as follows:

1. State the text of the agreement in writing, in three copies (one for each of the spouses and the notary).
2. The two of you go to any notary office.
3. Sign the agreement and submit it to a notary for certification.
4. Pay for the service provided and the state duty provided for such cases (8000 + 200 rubles for Moscow).

From the moment of certification, a correctly drawn up and executed agreement acquires the force of a writ of execution, the same as that of a judicial act on the collection of alimony.

Alimony for pregnant women

Pregnant women are included in the group of separately mentioned persons who have the right to receive alimony for their maintenance from their spouse. An important factor in this regard is the fact of official registration of marriage relations . If the couple’s relationship has not been registered with the registry office, the pregnant woman has no right to payments from the man.

A woman can receive alimony for her maintenance regardless of whether the marriage continues or has been dissolved. The main factor in this case will be the fact that the wife is pregnant common child .

A necessary condition for collecting alimony for a pregnant (ex-) spouse is that the father of the child has the necessary funds to pay it.

Size

The amount of alimony is determined either by agreement between the spouses or by the court in a fixed amount of money paid monthly, based on the financial security of the spouses, their marital status and other factors worthy of attention.

Registration and collection

Alimony for a pregnant woman can be formalized in the form of an agreement between spouses, as well as in the form of a court decision when going to court. Payments under the alimony agreement must be made according to the conditions specified in the document.

If the spouse refuses to fulfill these conditions for any reason, the pregnant woman can apply to the executive authority to enforce the terms of the agreement on the payment of alimony to the mother of the unborn child . The court decision must also be executed by the spouse (including the former) without fail.

Is it possible to avoid

It is almost impossible to legally evade paying spousal support. The only reason - non-involvement in her pregnancy - is extremely difficult to prove before the birth of the child (she is not required to give consent to the necessary examination).

The husband can only reduce the established amount of periodic payments or penalties for them if he proves in court:

1. Your neediness.
2. A sharp deterioration in health.
3. The emergence of additional material obligations.
4. A decrease in income due to a change of job or dismissal.
5. Other force majeure circumstances that affected its solvency and the ability to make payments in principle.

Example:

A pregnant wife filed an application to collect from her husband arrears and penalties for alimony for a delay of 3 months. But he challenged the bailiff’s order issued at her request in court and, using the collected evidence, explained the reasons for the late payment.

This misunderstanding occurred due to his long-term treatment for a serious infectious disease that he contracted on a business trip while staying in another country.

The judge considered these circumstances to be valid and decided to cancel the penalty and reduce the amount of alimony for the duration of his financial difficulties.

A woman's condition during pregnancy is characterized by instability and vulnerability. Against this background, it may be especially difficult for her to enter into debates with an intractable spouse and achieve from him what, according to the law, she is entitled to almost unconditionally. You can make this task easier and save yourself from difficulties in defending your personal interests by turning to our lawyers for help. To get a consultation, there is no need to even leave your home - just dial the specified number or contact a specialist via an electronic form.

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Alimony for women on maternity leave

Women on maternity leave are also listed as eligible to receive spousal support. Within 3 years after the birth of a common child, a woman has the right to demand that her husband pay funds for her maintenance, regardless of whether she is his actual or former wife. The main condition is raising a child in common with your husband.

It is important to consider that the spouse must have the means to pay alimony to the mother of his newborn child, who is on maternity leave. If a woman returns from maternity leave before the child turns 3 years old, she also has the right to receive alimony from her husband. However, the fact of employment may lead to a reduction in alimony payments .

You can get acquainted with all the conditions for paying child support for a child under 3 years old in

Normative base

The main law on the basis of which alimony is collected by a pregnant wife is the Family Code, namely Article 89 of the RF IC. In accordance with the article, husband and wife must jointly decide on the maintenance of each other. If they were unable to reach an agreement on their own, alimony during the spouse’s pregnancy may be collected through a judicial authority. Then, in addition to the RF IC, the provisions of the following regulations will apply:

• Code of Civil Procedure of the Russian Federation (Section VII), on the basis of which a statement of claim is drawn up, a trial is conducted and a writ of execution is issued.
• Federal Law No. 229, according to which payments to a pregnant wife are withheld from the spouse’s income.
• RF IC (Article 102, 103), when collecting funds in case of failure to comply with the provisions of the relevant agreement certified by a notary.

If desired, the husband and wife can resolve the issue of alimony even before the spouse becomes pregnant. This is done as part of the marriage contract. Then it is the provisions of this document that are referred to when it comes to alimony for a pregnant wife.

IMPORTANT

To pay alimony to a pregnant wife, the husband must have free money. This is stated in Article 90 of the RF IC. Therefore, even before filing a statement of claim, the spouse must understand that the man will provide evidence that he does not have sufficient funds to support his wife.

How to apply for alimony for my wife?

We will not consider the option of voluntary agreements between the parties here, since the percentage of such mutual transactions is approaching zero, as clearly demonstrated by notary statistics.

All that remains is to go to court. To do this, you will need as many certificates as possible that will confirm the conditions we talked about above, a competently drawn up statement of claim (any mediocre lawyer can draw it up correctly without any problems) and of course your passport. It's quite simple.

If a husband filed for alimony for his wife, then there is nothing wrong with this, since there are completely different life situations. Do not be afraid to seek legal assistance from specialists and go to court in the future if your rights or interests are violated.

As you can see, we answered one of the questions by illustrating one of the examples above. But there is another fairly common situation when the father has a child to support, and the parent is negligent in fulfilling her maternal and parental responsibilities. Nowadays this is not such a rare occurrence.

Conditions for terminating alimony payments to a spouse

All payments beyond a certain period established by the court may also be terminated under the following circumstances prescribed by law:

• a woman returning to work from maternity leave;
• the child reaches the age of 3 years;
• renewal of a woman’s working capacity status;
• a woman entering into a new marriage;
• death of one of the parties.

If a man is aware of one of the conditions, in order to terminate his obligations, he also needs to file an application with the court to terminate the collection of alimony against his ex-wife. He cannot voluntarily refuse payments until his obligations established by the court are fulfilled.

In custody. Before taking everyday problems to court, think about whether your well-being is worth such emotional and material costs and whether this will harm relationships as a whole or within the family.

Which spouse is considered disabled?

Based on the norms of international law, then according to paragraph 18 of the Standard Rules for the Equalization of Opportunities for Persons with Disabilities (adopted by the UN General Assembly on December 20, 1993)

The term “disability” refers to the loss or limitation of opportunities to participate in society on an equal basis with others.

It presupposes a relationship between the disabled person and his environment. The term is used to highlight deficiencies in the environment and many aspects of society, particularly in the areas of information, communication and education, that limit the ability of persons with disabilities to participate in society on an equal basis with others.

Thus, if we proceed from this definition, then it turns out that any disabled person is a disabled person.

Despite the fact that the concept of “disability” is very broad and has several meanings, nevertheless, in judicial practice regarding alimony for a disabled spouse, the following approach to understanding who is considered a disabled spouse has developed.

The following are considered disabled: 1) men upon reaching 60 years of age, women - 55 years of age; 2) citizens recognized as disabled by the federal institution of medical and social examination. Disabled people of groups I, II and III are recognized as disabled. At the same time, it should be borne in mind that the collection of alimony in favor of a spouse who is disabled in group III requires taking into account the fact that disabled people in this group can work and have independent income. And only if they cannot be provided with work on the recommendation of VTEC, do they have the right to demand that they be provided with maintenance (see, for example, the Appeal ruling of the Proletarsky District Court of Rostov-on-Don dated September 22, 2014 in case 11- 170/2014).

The mention in the above example about the age of men and women tells us that when a case of alimony for a disabled spouse is being considered, to classify the spouse as disabled, the courts rely on Part 1 of Art. 7 of the Federal Law of December 17, 2001. No. 173-FZ “On labor pensions in the Russian Federation”. It says there that

Men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age pension.

Thus, so that you don’t have a mess in your head, remember that the spouse is considered disabled:

A) Or has reached the age that gives the right to accrue an old-age labor pension (regardless of his right to a pension at an earlier age).

B) Or recognized in accordance with the established procedure as a disabled person of groups 1, 2 or 3.

The procedure and conditions for recognizing a person as a disabled person, as well as determining and establishing a disability group for him are currently carried out in the manner prescribed by the Rules for recognizing a person as a disabled person, approved by Decree of the Government of the Russian Federation of February 20, 2006 No. 95 “On the procedure and conditions for recognizing a person as a disabled person.”

According to paragraph 2 of the above Rules

Recognition of a citizen as disabled is carried out during a medical and social examination based on a comprehensive assessment of the state of the citizen’s body based on an analysis of his clinical, functional, social, professional, labor and psychological data using classifications and criteria approved by the Ministry of Labor and Social Protection of the Russian Federation.

In accordance with paragraph 5 of the Rules

The conditions for recognizing a citizen as disabled are: a) impairment of health with a persistent disorder of body functions caused by diseases, consequences of injuries or defects; b) limitation of life activity (complete or partial loss by a citizen of the ability or ability to carry out self-service, move independently, navigate, communicate, control one’s behavior, study or engage in work); c) the need for social protection measures, including rehabilitation.

In accordance with paragraph 7 of the Rules

Depending on the degree of disability caused by a persistent disorder of body functions resulting from diseases, consequences of injuries or defects, a citizen recognized as disabled is assigned disability group I, II or III.

Based on clause 9 of the Rules

Disability of group I is established for 2 years, groups II and III - for 1 year

Note:

1. When the court collects alimony for the maintenance of a disabled spouse, the date of onset of disability has no legal significance for recognizing the spouse as disabled.

That is, disability may occur before marriage or during marriage - but this does not matter.

2. The reason for which the incapacity occurred also has no legal significance for recognizing the spouse as incapacitated and collecting alimony for his maintenance.

Exception: if the cause of disability arose due to the circumstances listed in Article 92 of the Family Code of the Russian Federation.

The court may release the spouse from the obligation to support a disabled spouse in need of assistance or limit this obligation to a certain period both during the marriage and after its dissolution:

in the event that the incapacity for work of the spouse in need of assistance occurred as a result of the abuse of alcoholic beverages, drugs or as a result of his commission of an intentional crime;

if the spouses are married for a short period of time;

in case of unworthy behavior in the family of a spouse requiring payment of alimony.

We will consider these reasons in more detail below in the corresponding section of our article. Okay, now you know what it means for your spouse to be disabled.

Let's now look at what the need of a spouse is and how it is determined in cases of collecting alimony for a disabled spouse.