Article 90 of the RF IC. Ex-spouse's right to receive alimony after divorce

How can I enforce the recovery of alimony for my wife?

The reason for mandatory payment of alimony may be:

disabled status of the party in need (reasons: disability, pension);
if a woman is expecting a child or is on maternity leave to care for a child up to three years old;
the party who filed the claim is caring for a common disabled child under 18 years of age;

A similar recovery can be made against spouses who have registered a joint marriage. Material support for the wife or husband is prescribed in hard currency on a monthly basis.

The amount of such payments depends on a number of factors:

opportunities, sources and amount of income of each party;
consistency and frequency of funds received;
standard of living and satisfaction of spouses;
the parties have dependents who also need financial support;
are there other sources of financial assistance (parents, spouse (second marriage), adult children, sisters or brothers);
individual situations (for example, a disease that requires certain medications).

Amount of payments to wife

To calculate the amount of possible payments, the cost of living in the region where the spouse lives is taken as a basis. For different regions of the population, the cost of living is set separately or a general value is used throughout the country.

The amount of alimony does not have to correspond to the minimum; it can be higher or be part of it. It all depends on the amount of earnings, the capabilities of the defendant and the needs of the plaintiff. If the cost of living changes, then the amount of payments to the wife should also change.

Amount of alimony: how much is calculated and what the amount depends on

If spouses have one child together, then by law 25 percent is withheld from the father’s income to pay child support. Two children receive 33%, three or more - 50%. The mother's demands will be taken into account by the court when making a final decision. An average amount will be chosen that will allow the baby to have the essentials and not need food or medicine.

Child support for one child is equal to a quarter of the father's income

If the mother works, then the responsibilities for child support are assigned to both of them and the amount is divided equally. That is, half of the amount needed to raise a child is deducted from the father’s income, the rest falls on the mother, who is also responsible for the maintenance of the children.

If the father has an unstable income, he does not work officially or his salary does not have a fixed amount, then the court will assign him a fixed amount of payment. When calculating it, they are guided by the size of the subsistence minimum or minimum wage, which are established in a specific region of Russia.

Note! The husband is obliged to pay alimony for his wife for up to 3 years, regardless of whether she is former or present. The amount of these contributions will be determined by the court based on many factors and evidence provided by the mother of their common child.

Alimony for ex-wife

Not only the current spouse, but also the former, after a divorce, can receive mandatory maintenance. Article 90 of the RF IC prescribes that payments to the ex-wife (husband) can be transferred only if the responding party can financially afford it. If the need for financial assistance is caused by the inability to work, then it should have occurred during married life or a year after the divorce. The court carefully examines the causes of incapacity. Retirement age (when this is the reason for applying for financial assistance) should occur no more than five years after the breakup of the marriage. And the family itself was supposed to exist for a long time. The regulations do not specify the exact period, but based on judicial practice, it should be at least ten years.

If the reason for the claim for child support is pregnancy or raising a child, then the responding party must be recognized as the father of the child. A woman must become pregnant while in a marital relationship, and the child must be born within 300 days after the divorce. The ex-husband has the right to file a request to establish paternity if there are doubts about this.

Grounds for exemption from collection of financial assistance or limitation of financial obligations to the former spouse:

the person filing the claim used drugs, abused alcohol, caused incapacity, or committed a serious crime;
the husband and wife have been in a marital relationship for less than 5 years, which is considered a short-lived union. If the relationship lasted up to one year, then the claim for alimony may be denied. If the period of family life ranges from 1 to 5 years, then material obligations to the spouse may be reduced;
The plaintiff behaved inappropriately during the marriage: he showed aggression and violence, etc.

Refusal to pay alimony

Judicial practice shows that the state does not always take the side of the plaintiff in matters of financial support. The spouse’s financial claims may not be satisfied if:

the marriage lasted no more than 1 year;
the wife led an immoral or immoral lifestyle (abused alcohol, drugs, cheated on her husband, etc.);
the wife received disability due to her own fault;
the wife deliberately distorted information about the amount of her income, presenting fictitious documents about material need;
the spouse's financial income is minimal.

Moreover, even the fact that the wife is pregnant in these cases will not affect the refusal to pay alimony.

In the case where a husband and wife have filed for divorce, the period of three hundred days after the date of dissolution of the union is essential. If an offspring appears during this period, then paternity is automatically recognized for the ex-spouse.

This circumstance gives the right to material claims on the part of the wife. But when a wife remarries, the new husband bears the responsibility for her maintenance.

How to collect alimony from your husband

To receive payments to meet your needs from your husband, you need to write a statement of claim in the office of the magistrate's court. The papers are drawn up in the name of the magistrate district judge and certified by the signature of the claimant.

The application must indicate:

the name of the court hearing the case;
full passport data of the plaintiff and defendant (last name, first name, patronymic, address of residence and registration (if they do not match), date of birth, name and address of the company where he is employed);
claims and supporting circumstances, necessary papers and certificates.

In addition, you need to attach to the paper:

a copy of the claim to provide to the other party;
a document on the conclusion of a family union (if the spouses are divorced, then a document on the dissolution of their union);
children's metrics;
certificate of the wife’s salary;
information about the sources and amount of the husband’s income;
papers confirming the need for financial support on the part of the spouse (extracts from the hospital, receipts for the purchase of medicines, extracts from the housing office about family composition, etc.).

After considering the case, the court issues a decision to the parties. Everyone has the right to appeal within a clearly defined period. If the parties have no complaints or claims, then the court decision comes into force and is transferred to the Federal Bailiff Service for further enforcement.

Fund to help them

On June 27, President Kassym-Jomart TOKAEV signed the law “On introducing amendments and additions to some legislative acts of the Republic of Kazakhstan on improving enforcement proceedings and criminal legislation,” which came into force on July 8. This document introduced amendments to two regulatory legal acts relating to the procedure for calculating and collecting alimony - the Code on Marriage (Matrimony) and Family and the Law “On Enforcement Proceedings and the Status of Bailiffs”. Let's consider the most significant of them.

Based on income

According to Article 169 of the Code on Marriage (Matrimony) and Family, the amount of arrears for alimony for minor children is determined by the bailiff based on the salary and other income of the payer for the period during which alimony was not collected (in this case, the arrears can be recovered for a maximum of three years). If the person obligated to pay alimony did not work during this period or documents confirming his salary and other income were not submitted, monthly payments and arrears of alimony are determined based on the size of the average monthly salary (as of June 2020, 196,992 tenge ).

Previously, this provision applied to all alimony recipients, with the exception of persons serving sentences in places of deprivation of liberty: if a prisoner did not work during the designated period, his alimony arrears were (and are) determined in the amount of 1 monthly calculation index (2,778 tenge). Now, disabled people have also been allocated to a separate category: for them, the monthly payment or arrears of alimony is determined based on their monthly salary and other income, and if they do not work, from monthly benefits and social payments paid to them from budgetary funds and the State Social Fund insurance.

Stimulation of interest

Presenting the amendments to the legislation, the Ministry of Justice proudly stated that now private bailiffs will collect alimony as a matter of priority. However, the deadlines for the execution of enforcement documents on alimony have not changed: if payments are not made within three months, the bailiff issues a resolution to determine the debt and takes measures to ensure the execution of the enforcement documents. So what has changed? From now on, if a private bailiff does not take enforcement measures in a socially significant category of cases within one month (collection of alimony, wages, pensions, benefits, compensation for harm caused to life and health), he may lose his license. And this, according to the Ministry of Justice, will be the best incentive for private bailiffs.

No contract required

The previous version of Article 37 of the Law “On Enforcement Proceedings and the Status of Bailiffs” stated that the bailiff, after receiving the writ of execution, initiates enforcement proceedings no later than three working days. In this case, the private bailiff must enter into an agreement (agreement) with the claimant on the terms of execution of the enforcement document.

And the new wording of Article 37 states that for enforcement documents on recovery for state income and socially significant categories of cases, enforcement proceedings are initiated without concluding an agreement.

Fund to help

In addition to the above changes to the legislation on alimony issues, an alimony fund has finally appeared in Kazakhstan, the idea of creating which has been in the air for many years. The concept is that money from the fund can be received by needy families who are entitled to alimony, but for some reason they do not see it. For example, the debtor is hiding, fell ill, lost his job, etc. In this case, the fund will make payments for it, and the payer will then have to return them.

As Minister of Justice Marat BEKETAYEV recently said at a briefing in Nur-Sultan, the fund was created on the basis of the Republican Chamber of Private Bailiffs. The funds will be distributed according to the decision of a special commission from among reputable Kazakhstanis.

“Now we are at the stage of accumulating funds in this fund to ensure its stable operation,” said Marat Beketaev. — Before distributing this money, you need to accumulate it. There will be restrictions on lump sum payments. It is expected that one such payment to one person will be about 1 million tenge.

And if you count...

As Marat Beketaev reported the other day, in the first half of this year, bailiffs were processing 210 thousand cases of alimony collection, in the same period last year - 192 thousand cases. But, despite the fact that overall there are more child support cases, the number of cases where child support is not paid for three months or more has decreased: 13,269 cases this year versus 14,744 cases last year.

Marat Beketaev noted that the reduction in the number of defaulters was achieved thanks to the joint efforts of the Ministry of Justice and local executive bodies, which helped debtors with their work. In just six months, more than 2 thousand people were employed.

“In general, I would like to note that in alimony cases, 93 percent of payers make payments on time,” the minister said. — 6.3 percent are problematic cases for which additional activities are carried out, such as employment and training. Coercive measures are also applied - accounts and property are seized, the right to travel abroad is limited, and administrative and criminal liability is applied. For example, within six months, materials were generated and sent to the internal affairs bodies regarding 908 alimony defaulters to bring them to criminal responsibility.

Expert opinion

Denis ALIMBEKOV, lawyer, chairman of the public association “ARD”:

— It seems to me that the norm concerning disabled people (amendments made to Article 169 of the Code on Marriage (Matrimony) and Family) needs to be improved. If disability was assigned before the birth of the child, then, in my opinion, this addition is correct, since the person should have been aware of his responsibility to support his son or daughter. But if the disability occurred after the birth of the child and not through the fault of the debtor, then it is necessary to take into account such nuances as the disability group and the degree of ability to work. In this case, is it even worth claiming benefits, since they are already small?

But I view the rule that a private bailiff, if enforcement measures are not taken in a socially significant category of cases, may lose his license, from an exclusively positive point of view. I believe that this will significantly speed up enforcement proceedings for alimony, which in turn will ensure timely satisfaction of the child’s material and everyday needs.

As for the creation of an alimony fund, the initiative is good, but many questions arise, primarily regarding financing. It was said that the fund would be formed from the membership fees of the private bailiffs themselves. But to meet the needs of the fund, contributions must be simply huge! I think this is impossible.

In my opinion, at least 50 percent of the fund should be financed by the state, since we are talking about the well-being of our citizens. If we want the fund to work, the state must certainly take part, maybe send part of the taxes there. Because membership fees and charity don't work. Well, they will help several dozen families a year, but this is not enough. We need a stable financing instrument. By the way, my wife Irina ALIMBEKOVA, also a lawyer, proposed a very interesting option: use UAPF funds for this purpose. If the debtor does not work, monthly payments are made from his pension savings. It seems to me that this direction is very promising. Indeed, at the present time, many have lost their jobs, and almost everyone has pension savings.

Madina AIMBETOVA, photo by Vladimir TRETYAKOV, Almaty

Poll on the topic

How, in your opinion, should the alimony fund be formed?

— I support the current concept of capital formation through contributions from private bailiffs.

— I think that the state should take over the financing.

— I like the idea of pension savings for debtors.

— Let all alimony providers, including conscientious ones, make monthly payments to the fund and form its capital.

You can vote on the website of the newspaper “Vremya” www.time.kz

Returning to print

Opinions from our readers

Will the new code change our healthcare?

— Yes, because it completely changes the approach to this area……………..2%

— I doubt that our laws are good, but the implementation is lame……………………………………………………….58%

— For the code to work, strict sanctions are needed, but there are practically none………………………………………………………40%

Themes:

main topic

Cool

Payments for the needs of the mother of joint children

The law stipulates the obligations of spouses to support each other. But there are situations in life when one of the parties (usually the husband) does not want to adhere to this. This issue becomes especially acute when a joint child appears. The wife begins to completely depend on her husband, because she is temporarily unable to work and provide for herself with a child.

It happens that even after leaving maternity leave, a woman cannot find a good job and a decent salary to provide for herself and her child. If your spouse (or ex-spouse) refuses to provide financial assistance, then you need to look for ways to influence him.

Alimony without divorce

A wife can file for recovery of maintenance from the father of a common child to provide for her needs in the following situations:

if they are officially married. The birth of children from a man requires payment of alimony only for their maintenance, but not for the needs of the woman;
alimony payments are due to a spouse expecting a common child or on maternity leave to care for a child under 3 years of age;
a mother raising a disabled child together, if he needs financial support, has the right to demand it until the child comes of age;
If a woman is in the care of a disabled child of group 1 and he has a need for maintenance, he can count on unlimited payments from his husband.

The procedure for obtaining alimony to a wife from her husband

Spouses have the right to enter into an alimony agreement, which will stipulate all the conditions for the husband to pay alimony to the wife. It is important that the agreement be drawn up in writing and certified by a notary. A sample agreement can be downloaded here.

If the husband cannot agree on voluntary maintenance of his wife, he will have to go to court. A sample statement of claim by a wife for the recovery of alimony from her husband can be downloaded here.

In addition to the statement of claim, the following documents must be submitted to the court:

passport;
marriage or divorce certificate;
child's birth certificate;
a certificate from the housing and communal services company stating that the child is dependent;
certificates of income (wages, pensions, child care benefits, disability benefits);
certificates about the husband’s income, about the presence of deductions from income;
medical certificates about the state of health and disability (MSEC conclusion);
pensioner's ID;
other documents, depending on the circumstances.

The amount of alimony that a husband is obliged to pay to his wife can be determined by the spouses independently - in an alimony agreement.

In the absence of an alimony agreement, the amount and procedure for paying alimony is determined by the court. In this case, all the circumstances of the case are taken into account, the marital status and financial capabilities of both spouses are studied.

The court decision indicates a fixed amount of alimony, which the husband is obliged to pay to his wife monthly. This amount must cover the wife's basic needs, taking into account other income (wages or government benefits). As a rule, its size ranges from several hundred to several thousand rubles. The law does not establish either a minimum or maximum monthly maintenance amount.

Opportunities to receive alimony after the dissolution of a family union

After a divorce, a woman also has the right to receive payments for her own maintenance. Basic conditions for this:

ex-wife in relation to her ex-husband;
no more than 3 years must pass after the birth of a common child (collections occur in favor of the child and mother at the same time);
when raising a disabled child, a woman is entitled to alimony payments until the child’s eighteenth birthday;
permanent, indefinite alimony is paid to the wife if she is raising a joint disabled child of group 1;
if the loss of ability to work occurred while still married or within a year after the divorce.

In judicial practice, there are situations when the mother of common children remarries, but remains disabled. At the same time, she wants to receive payments for her maintenance. In this situation, the law is unshakable - after the second marriage, all maintenance responsibilities are transferred to the new spouse, that is, the ex-husband no longer has to support his wife.

Arbitrage practice

The greatest likelihood of court approval for alimony for a former spouse is if she is raising a child under 3 years of age. This age is the standard for ending maternity leave and going back to work. Until this time, most often a woman finds herself in a difficult situation when she cannot leave the child or find a job due to his young age.

The court makes a positive decision if during the proceedings it is established that the child is common, born in marriage or no later than 300 days after its dissolution. It must also be proven that the child will live with the mother and she will take care of him.

The greatest doubt always arises from the degree of financial need of the spouse. There are no clearly defined standards for this at the official level, so all factors relevant to this issue are taken into account. This type of financial assistance should not be confused with child support. This is additional support specifically for the mother, who, being left alone, needs additional income.

This is important to know: Statement of claim for collection of current payments

Methods of collecting alimony for the mother of children

There are two options for resolving the issue of paying mandatory benefits to your wife. The first is to sign an alimony agreement on a voluntary basis. The document will regulate the legal relations of the parties, controversial issues, the amount and form of benefits. It must be certified by a notary for the document to have legal force.

The second option is used when it is not possible to resolve the situation peacefully. The wife applies to the magistrate's court to write an application for financial assistance from her husband. The court itself decides on the amount, form and frequency of payments.

You must take with you:

plaintiff's passport;
child's metric;
certificate of marriage and its dissolution (if the divorce process has already ended);
a statement of claim written according to a standard template.

Process of receiving payments

The issue of collecting alimony is dealt with by the FFSSP (Federal Bailiff Service). If the parties have signed a voluntary agreement, but the spouse does not want to fulfill the conditions, then the wife with a sample agreement must come to the bailiff service and write an application to begin the process of forcible collection. In this situation, as judicial practice states, it is very important that the document is signed by a lawyer and is equivalent to a court order.

In a situation where the issue was resolved through the courts, the court makes a decision, and federal bailiffs implement it. The organization where the man works is sent a writ of execution, signed by the judge after the end of the hearing, indicating the amount and frequency of payments to the wife. The management of the enterprise automatically withholds the required share of the spouse’s earnings and transfers it to the woman’s bank account.

Collection procedure

After the court decision is made, the woman is given a writ of execution. It is necessary to contact the bailiffs, who will begin the production process on its basis. As a result, part of the income of the child’s father will be forcibly seized and transferred to the former family as alimony payments.

The most convenient way to receive funds is a transfer to a Sberbank debit card - this way it is easy to track the receipt of money and generate reports.

If the alimony holder manages to avoid mandatory payment in any way, more serious measures will be applied to him, which include criminal liability.