How to get child support for the mother of a child under 3 years old? When filing a claim for divorce in court, not only the union of two hearts collapses, but also the overall budget. A woman may be left alone with a child or several children without a means of support.
This happens when the mother is on leave to care for a child under 3 years old or is pregnant. That is, she is actually disabled.
A woman has the right to alimony not only for the benefit of her children, but also for herself. And if the husband and wife managed to get a divorce, then it makes sense to think about how to receive alimony for the spouse for up to 3 years. After all, a woman needs to support not only a small child, but also herself.
Alimony for the maintenance of the child's mother
What to do if a mother with a baby does not have enough money to live? In such circumstances, it is necessary to collect alimony for the maintenance of the mother until the child reaches 3 years of age, because there are no means of a decent living.
It’s worth noting right away that the process of receiving payments in this case differs little from how child support is collected. Meanwhile, there are some nuances that this article will talk about.
Articles 89 and 90 of the Family Code provide for the protection of the wife’s interests in obtaining funds for her maintenance, obliging the father to pay alimony to the child’s mother until he reaches the age of 3 years.
How to get child support for your mother in 2020? Let's look at it in this article.
Alimony for maintaining a wife for up to 3 years is awarded after divorce. Additionally, the payment period includes the period of pregnancy of the ex-wife.
Unlike child support, maintenance of the former spouse is carried out in payments of a fixed sum of money. Its size is calculated by the court based on the minimum subsistence level.
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Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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A former married couple has every right to sign a spousal support agreement with a notary. In this case, the agreements may contain a clearly defined figure for alimony.
When is child support paid?
There are many situations in which alimony can be requested by the father of a child. Women are the payers of alimony:
- Deprived of parental rights;
- Those who refuse to take part in the financial support of the child, regardless of whether the marriage ties with the second parent were dissolved;
- Living separately and completely withdrawn from raising children.
According to general rules, a parent is obliged to pay money for the maintenance of a child until the child reaches 18 years of age. Obligations may disappear before this time if the minor undergoes emancipation as provided for in Article 27 of the Civil Code of the Russian Federation and is recognized as fully capable. You can initiate such a procedure after reaching 16 years of age.
Often parents have to pay child support even after the child reaches adulthood. The legislation provides for the possibility of increasing the period of payments if the child has a disability group and is recognized as incapable of work, and has also proven his own need. In such a case, alimony is calculated from the mother’s income even after 18 years of age.
How to get child support for a non-working mother up to 3 years old: conditions
The grounds for collecting alimony for the maintenance of a former spouse for up to 3 years are listed below.
Alimony for the maintenance of a child's mother after a divorce or marriage can be recovered from the father if:
- The common child is under 3 years old, and the mother is on leave to care for him.
- The wife is not employed.
- The spouse is pregnant at the time of divorce or 300 days after it.
- The defendant does not dispute paternity, or this fact has been established by the court.
It is quite natural that a woman raising a small child alone may experience objective financial difficulties. And in this case, alimony for a wife on maternity leave is intended to cover the costs of food and medical supervision.
The court will take all these factors into account when awarding alimony to the child’s unemployed mother. Therefore, for the trial, the mother who is left alone should provide a certificate from the social security authority and other services about the amount of benefits and payments received.
What mother's income is not subject to alimony?
Alimony is calculated on the vast majority of earnings. However, penalties, including alimony, are not imposed on some types of income. It will not be possible to claim funds for child support, according to Federal Law No. 229-FZ, adopted on October 2, 2007, with:
- Maternity capital received by the parent – paragraph 13 of Article 101.
- Various child benefits paid from the budget of the state, regions or local governments - paragraph 1 of Article 101.
- One-time compensation paid at the birth of a child – clause B, part 8 of article 101.
- From money transferred to the parent as alimony - paragraph 7 of Article 101.
A woman who is on maternity leave and raising a second child will not have to pay alimony from the benefits received in favor of the first. The same applies to payments due to a single mother who is not deprived of parental rights, but has several children, one of whom does not live with her.
However, it is worth remembering that only payments approved by Article 101 of Federal Law No. 229-FZ are exempt from calculating alimony. If there are incomes not specified in the regulatory act, they will have to pay funds in favor of the child living with the father.
Application for maintenance of the mother of a child until he reaches 3 years of age
If you have every reason to demand this type of content, you must file a claim in court.
The application must contain information about the grounds and amount of payments.
To a claim for alimony for the maintenance of a former spouse, you must attach :
- Certificate of income, plaintiff and defendant.
- A certificate from the passport office about the place of residence.
- Birth certificate.
- Court decision to establish paternity (if necessary).
- Certificate of divorce (conclusion) of marriage.
If necessary, the magistrate may request additional documents.
Conditions for collecting child support
The Family Code of the Russian Federation states that both parents have equal responsibilities regarding the financial support of their child. If the mother refuses to pay child support, then the father has the right to sue her. However, you can submit such an application either while married or divorced.
To file a claim for child support for the mother of a child, the following conditions must be taken into account:
- the presence of family ties between spouses and their children must have legal confirmation. In this case, the mother will not have any problems, since she will be recorded on the child’s birth certificate. If the father is not registered in such a document, then he needs to prove his relationship with the child in another way. His evidence must be legally confirmed;
- the father has the right to demand child support from the mother, even if they are not married;
- It is possible to recover child support from the mother if the child is under 18 years of age. If adult children have received the status of disabled or incapacitated, they have the right to continue to receive financial assistance from their parents.
The father has the right to collect alimony from the mother for the past period, but within 3 years. This is indicated in Part 2 of Article 107 of the Family Code of the Russian Federation.
In order to receive arrears of alimony for the last three years, a man must provide evidence that he independently tried to receive payments for the child from the mother, but she continued to evade such obligation.
The amount of alimony for the maintenance of the ex-wife
When preparing a claim for alimony for the child's mother, the question arises: what amount of alimony can you receive?
Alimony for an ex-wife in 2020 is paid by the father of the child until he reaches the age of 3, monthly and in a fixed form.
The amount of these payments is calculated based on the minimum wage in the plaintiff’s region of residence, taking into account the subsistence level. As a rule, the amount of child support for a mother up to 3 years does not exceed the subsistence level.
However, the indicated size may be significantly higher, taking into account certain life circumstances, for example, the mother’s prolonged illness.
If there is no established cost of living in your region, the average for Russia is used for calculation. When this indicator changes, the amount of alimony is indexed accordingly. This happens without additional statements, automatically.
Amount of payments per child from mother
One of the important issues when applying for child support from the mother of a child is its size. The amount of child support payments for the mother will depend on many factors. The main ones will be the following:
- whether the child has reached the age of 18. For minor children, child support is most often calculated as a share of salary or other official income. If the child is a disabled adult, then child support for him is paid in a fixed amount;
- voluntariness of payments. If the parents have independently concluded an alimony agreement, then it can indicate any amount of alimony, but not less than that established by law.
If the parents have not drawn up an agreement, then the amount of alimony is determined in the manner established by the court. In this case, there are two ways to determine the amount of child support payments:
- determination of a fixed amount of alimony if the mother receives irregular earnings, in kind or foreign currency;
- determining the share of official income - 25% for one child, 33% for two, 50% for three or more.
There are certain situations in which the amount of alimony can be 70% of income.
Also, depending on the case, the court may establish a combined method for calculating the amount of alimony - in the form of a share of profit and a fixed amount at the same time.
According to Part 3 of Article 83 of the Family Code of the Russian Federation, in cases where children are divided between parents during a divorce, alimony is paid by the one who has a better financial situation.
If the mother is not employed and does not earn income, she needs to find a way to pay child support in the minimum amount, which is determined in relation to current data on the minimum wage. Otherwise, the father has the right to file an application to seize the mother’s property.
Depending on the situation, the father has the opportunity to apply for an increase in the amount of child support or a reduction in it.
The procedure for collecting alimony for the maintenance of a non-working mother
During the trial, the court, taking into account all the circumstances, if there are all the necessary grounds, will decide to satisfy the claims and collect alimony for the maintenance of the mother of a child under 3 years of age.
This decision is provided to each of the parties, and if within 30 days from the date of its issuance in final form it is not appealed, it is sent to the bailiff service by the applicant.
Where does enforcement proceedings begin to collect alimony for the maintenance of the ex-wife and children.
If the mother subsequently gets a job, she loses the right to receive this type of maintenance.
The procedure for collecting alimony through the court
Before going to court, the father must figure out whether it is possible to collect child support from the mother, who is shirking her parental responsibilities. Next, the following stages await him:
- drawing up a statement of claim;
- filing a claim in court at the place of residence of the plaintiff or alimony payer;
- consideration by the court of the application and making a decision on it;
- Collection of alimony as a result of a court decision is carried out by bailiffs.
In order to receive payments from the mother after a court decision, bailiffs can submit requests for her work, search for bank accounts and her property.
After a decision is made on the father’s claim, court staff are required to send a copy of the writ of execution to the mother. She has a certain period during which she has the right to appeal the court decision.
In the event that the mother decides to appeal, the father has the right to file a claim in the proceedings.
Who can receive alimony
There are several conditions for a woman who has a small child in her arms to be able to count on receiving alimony.
First of all, the child’s mother can count on alimony for her maintenance up to 3 years, but on the condition that the son (daughter) was born within the framework of an official marriage.
A non-working mother will be required to provide evidence that she really needs financial assistance in raising a child. Therefore, you should collect all the necessary information in advance.
If a woman is raising a small child born into an informal family, then she is unlikely to have to count on alimony in her favor. However, she has the right to receive alimony payments on a general basis.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
Ask a question
Note! Current legislation does not provide for the possibility of receiving alimony for the mother of a child outside of marriage. When filing a claim in court for the maintenance of the mother of a child under 3 years of age, the woman will be denied.
Ways to get money for child support
A father raising a child has several opportunities to request alimony from his mother. The first paragraph implies the conclusion of a voluntary agreement, which sets the date for making payments and the amount due to the minor. In this case, the amount of payments should not be less than what the judge can assign in accordance with Article 81 of the RF IC.
The agreement signed by both parents acquires legal force after certification by a notary office. In this case, the mother and father can change the amount of money designated as alimony payments, but only bilaterally, having come to an appropriate agreement.
Important! If the mother does not agree to take part in the financial support of the children, then the father can go to court and, with its help, recover the due money.
The application procedure consists of several stages:
- Submitting an application for calculating alimony to the magistrate's court. If there are significant disagreements, file a claim with the district court;
- Providing the necessary documents. If some of them cannot be obtained by the plaintiff, for example, evidence of the mother's income, they may be requested during the proceedings at the initiative of the court;
- The court makes a decision on the case, issues a court order or a writ of execution to the parties, which is the basis for receiving alimony payments.
In case of evasion of imposed obligations, bailiffs will demand alimony. It should be remembered that service employees have the right to arrest and confiscate property with its subsequent sale and repayment of debts using the proceeds from the sale.
Is it possible to collect a penalty?
If alimony is not paid on time, then the law provides for a penalty. The Family Code stipulates a penalty of half a percent for each day of delay.
You can also calculate the approximate amount of sanctions on our website online. A special alimony penalty calculator has been created for this purpose. The calculation results can be compiled into a separate document, printed and attached to the lawsuit.
However, before presenting it, you should take a certificate from the bailiff regarding the amount of the debt. It is advisable to order it by month. This will make it much easier to calculate the total amount of sanctions.
It is also necessary to remember about the existence of a statute of limitations in relation to the collection of penalties. It is 3 years after the child reaches three years of age. In addition, the former spouse has the right to reduce the amount of alimony, if there are grounds.
If my husband doesn't pay, what should I do?
Most mothers ask the question: My husband does not pay alimony for my maintenance, what should I do? Where should I go?
In fact, there are several ways to force a debtor to fulfill his obligations to his ex-spouse. The penalty has already been mentioned, but there are several other methods (domestic and legal).
You can write a complaint to your ex-husband at your place of work. It is possible that the administration will use certain leverage against him.
And also in some cases, contacting the prosecutor’s office helps. They themselves have no right to collect alimony. But instructions that must be followed will be sent to the necessary authorities.
The form can be viewed on the page: Sample complaint to the prosecutor about the inaction of the bailiff.
Through the bailiffs, you can try to deprive your ex-spouse of his driver's license until he pays off the debt.
However, in this case, it is necessary that the amount of unfulfilled obligations exceed the threshold of 10 thousand rubles.
With the same amount, the question of limiting freedom of movement can be raised. With this option, the ex-spouse will be prohibited from leaving the Russian Federation.
We should also not forget about administrative or criminal prosecution of the debtor. First come administrative sanctions. If they do not help, then the bailiffs have the right to initiate a criminal case.
In any case, the mother herself has the right to decide how best to protect her rights.
Cases of refusal to assign alimony
The collection of alimony for the mother of a child under three years of age is advisory in nature, that is, payment does not start automatically, but requires a registration procedure.
If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.
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- Federal Law 159 on additional guarantees for social support for orphans
- Fixed child support under the new 2020 law if the father works
- Form of agreement on payment of alimony for a minor child: sample 2020
Important! The amount of state duty in accordance with paragraph 14 of Article 333.19 of the Tax Code of the Russian Federation is 150 rubles. It is collected from the defendant. If the plaintiff has already paid, the court will oblige the defendant to return the expenses incurred. If the court decides to collect a mandatory payment not only in favor of the minor, but also in favor of the plaintiff, then the amount of the state duty will increase by 2 times. The amount of funds that are due to be paid as alimony for the spouse is established individually, taking into account the financial status of the husband and wife parties, including the former, when concluding an agreement with a notary.
Application for maintenance of the mother of a child until he reaches 3 years of age: what needs to be taken into account, recommendations
The court determines payments for the mother and small child separately. Several factors are taken into account. First among them is the financial situation of the alimony recipient.
In addition, I would like to give practical advice:
- In the claim, the woman must justify her need for maintenance from her ex-husband. If there are documents to support the arguments, copies of them are also attached.
- Evidence of ongoing expenses for the child may be required. Therefore, it is advisable to keep copies of checks, receipts
- It is not superfluous to place special emphasis on the fact that the ex-spouse has sufficient capabilities both to support the baby and his mother.
The court issues separate writs of execution for 2 types of alimony. The fact is that bailiffs can work with them in different ways. Consequently, further monitoring of the progress of enforcement proceedings should not be neglected.
Author: Oleg Vladimirovich Roslyakov, source.
Agreement
If desired, the parties can enter into a peace agreement on the payment of alimony. Then there is no need to go to court and prove the need for additional financial assistance. Such an agreement is beneficial to both, since the parties can independently agree on the amount and terms of provision.
This is important to know: How can you transfer alimony to a child’s account until adulthood?
There is no specific form of agreement established by law, therefore, when concluding it, the parties must adhere to the norms of civil law.
The contract must contain the following clauses:
- amount of alimony;
- payment period;
- terms of provision;
- method of delivery (cash, card);
- liability of the parties for failure to fulfill the contract;
- terms of termination.
The recipient of alimony has the right to sue if the former spouse ceases to comply with the terms of the agreement. Also, the parties can make changes to the document in accordance with the procedure established by law.
But in practice, agreements are rarely reached, since most people prefer to resolve such cases in court. However, if an agreement is concluded, it must be certified by a notary. To do this, you will need additional documents - marriage certificate, birth certificate of children, personal documents.
