How to find out what the wife has submitted for items. How to find out if child support has been awarded. How to find out and where about the receipt of alimony

You can find out about the availability of a writ of execution for collecting alimony from you in the court at the place of residence of the mother of your child, at the court at your place of residence, as well as at the district bailiff service at your place of residence.

When contacting the above institutions, you must have your passport with you.

Even if enforcement proceedings have not been initiated against you, we recommend that you immediately resolve this issue with the mother of your child, without waiting for unpleasant consequences.

In accordance with the Family Code of the Russian Federation:

Article 80. Obligations of parents to support minor children

    1. Parents are obliged to support their minor children. The procedure and form of providing maintenance to minor children are determined by the parents independently.

Parents have the right to conclude an agreement on the maintenance of their minor children (an agreement on the payment of alimony) in accordance with Chapter 16 of this Code.

2. If parents do not provide maintenance to their minor children, the funds for the maintenance of minor children (alimony) shall be collected from the parents in court.

3. In the absence of an agreement between the parents on the payment of alimony, if the minor children are not provided with support and if a claim is not brought to the court, the guardianship and trusteeship body has the right to sue for the recovery of alimony for minor children to their parents (one of them).

That is, you have the right to enter into an agreement with the mother of the child on the voluntary payment of alimony by you. Such an agreement has the force of a writ of execution.

Chapter 13. Alimony obligations of parents and children;

Chapter 16. Agreements on the payment of alimony.

Comments, clarifications and remarks on the issue

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I was filed for alimony


How to find out if you filed for alimony

that he cannot pay the child from his first marriage money, he told his ex-wife that he would pay in next month right after two, she began to threaten him that she would give (he did not know) and would know when the decision had already come that he should. I have a question, how to find out whether the ex-wife has filed for alimony or not, and whether they can be assigned to him, given that one of their children lives with us and there is still a disabled child, and how to carry yourself in court (if called) what documents should be collected ?

You can get information about the initiated court proceedings by contacting the magistrate at the place of registration of your husband or his wife (since in this category of cases the law provides for jurisdiction at the choice of the plaintiff).

How do you know if your wife has filed for child support?

Moscow Viewed 108 times. Set 2011-07-08 14:45:49 +0400 in the topic "Family Law" Fixed amount - Fixed amount of alimony. Further

1 answer. Moscow Viewed 61 times. Asked 2012-05-25 12:37:07 +0400 in the topic "Family Law" How to stop payments? - How to stop paying alimony. Further

1 answer. Moscow Viewed 76 times. Asked 2012-05-24 11:40:40 +0400 in the topic "Family Law" Hello.

Read also: Application for divorce from children - sample 2020

I was sued: for alimony, by will. What to do?

The statement of claim for the recovery of the maintenance of a common child is considered in court, when the party does not agree with the requirement to enforce parental duties. In addition, a dispute is resolved in the course of action proceedings on issues when a party disputes paternity, the amount of alimony is paid to one or more children. Family law establishes several forms of collecting alimony - in a proportion, in a fixed amount or in a mixed way.

I was filed for alimony


When you receive the subpoena and a copy of the claim, you can write your opinion on the claim, attach required documents and submit them to the court, which will consider the case.

Without you, the court will not decide anything if you do not declare your consent to the court decision in absentia or if there are several absenteeism on your part for no good reason.

After the decision of the court, you can pay voluntarily, or your spouse will have the right to take a writ of execution and transfer it to the bailiffs for recovery.

Filed for alimony

Two and a half years ago, my guardian grandmother filed for alimony for me, I found out about it a month ago, and during this time I had a huge debt, [...]

Hello! Can you please tell me what to do? We parted with my wife, after a while she became pregnant from her current partner, while she was pregnant left him, I took pity on her and registered the child on myself, and after 11 years she filed for alimony! I want to give up my child and alimony! What to do and what documents should I [...]

4 ways to find out if your wife filed for child support

Very rarely, but this can sometimes happen - the wife filed for alimony without the knowledge of her husband. In theory, there is such a possibility of events developing, but in practice this happens very rarely. But if this happened, then you need to find out how to act and what to do in such a situation.

What if my wife filed for child support?

If alimony has already been appointed. the court ruled and sent the payer to the accounting department according to the place of work to collect a certain amount assigned by the court from his salary. At first, court officials can bother him with calls, letters, and if this does not work, then they come personally to the address of registration, residence and official place of work of the payer.

But if the payer has not faced a lawsuit in his own name and the bailiffs have not yet “caught his eye,” and the money is slowly but rapidly leaving his salary, then you should think about and find out what the matter is. Especially if the debtor and his wife have a common child and there is a possibility that she thought that the father was not sufficiently involved in the process of raising the child. And if there is such a chance, then the child support application should not come as a surprise. This usually happens when the husband often travels on business trips or has an irregular work schedule. There are 4 non-tricky ways to find out if a wife has filed a lawsuit for child support.

All these methods are aimed at just confirming the alimony payer's guesses. When, for example, in the accounting department he was told that the amount was withheld for alimony by a court decision. The court, in turn, must provide a certified copy of the decision. Sometimes only a notification comes to the place of work, and then the payer will have to find out the truth on his own. But if the information came in the form of a decision, then he can view it and make sure that there is indeed a decision on collection.

Go to court

Information about the court decision is available to everyone. But the problem is that the wife did not inform her husband about the application. This is possible only if there is undeniable evidence from the wife that the husband does not participate at all in the life and upbringing of the child.

Read also: Terms of payment of child support

Initially, alimony can be issued in two ways: through a peace agreement. certified by a notary or through a court decision. But since the wife filed a lawsuit, and the payer was not invited there, then we can only hope that the amount of payments is not too large.

It is possible to submit an appeal within a certain period if the alimony payer does not agree with any aspects of the issued decision. This can be the amount, time frame and collection process.

You may also be interested in:

Similar issues related to parental rights and alimony are dealt with by the magistrate's court. If the payer lives in a small town, then there is only one court. If the settlement is quite large, then you can go to the official website and find out at the registration address which court you need to go to.
There is a possibility that the payer will discover that the court at his place of residence has not considered the case. Then he needs to go to the magistrate's court at the place of residence of his wife or her registration.

After the debtor found out the address of the court, he needs to come to the office and ask for a copy of the court's decision in the case of the name of his wife. Everything is simple, and court employees should issue a document without any problems after confirming the identity of the applicant.

See also a video with legal advice on how not to pay child support:

Online base

There is another simple and quick way through which you can confirm information about child support payments. On the Internet there is an online database of enforcement proceedings, which is posted on the website of the Federal Bailiff Service. It is very easy to find it through a search engine, but the main thing is to get to the official website with reliable information. There, according to the personal data of the payer, you can find your surname or your wife's data in the list of people who filed claims.

This is a relatively simple method, it can be done quickly without leaving the place of work or home.
These both of the above methods are applicable in all cases, but only if the payer did not communicate with the bailiffs or he was not personally provided with a document.

How to find out about alimony through the accounting department?

If the accounting department receives a notification that the payer of alimony needs to withhold a certain amount from his salary, then it is quite possible to rely on this document. Also, a copy of the court order must be sent with him. If it is not there, then you can apply for the contacts indicated in the notification. Or just clarify this information with your company's accountant.

Bailiffs

They can personally come to the debtor's home or work and report on the court's decision to recover the alimony funds. Moreover, they will not only bring a copy of the court's decision, they will demand recovery. It will be easier to issue it through the accounting department at the payer's place of work.
Of course, during a personal meeting with bailiffs, the question “Did the wife file an application for alimony” disappears by itself, since the answer to it becomes obvious.

What you can do right now:

  • Go to court to find out the details of the circumstances;
  • Carefully study the online database;
  • Watch the video presented in the article;
  • Read also additional material on this topic: 10 main questions on the recovery of alimony

See also on the topic Alimony

How do you know if your ex-wife filed for child support or not?

The potential payer is usually informed by the competent authorities that civil proceedings have been initiated in the case of recovering funds in the interests of a minor or other dependent, by sending an official letter to him. But sometimes the parent is not informed that he is a defendant in a civil case or a debtor in the framework of enforcement proceedings. How do you know if your wife has filed for child support? There are several ways that will be discussed in this article.

Very rarely, but this can sometimes happen - the wife filed for alimony without the knowledge of her husband. In theory, there is such a possibility of events developing, but in practice this happens very rarely. But if this happened, then you need to find out how to act and what to do in such a situation.

What if my wife filed for child support?

If alimony has already been appointed, the court made a decision and sent the payer to the accounting department according to the place of work to collect a certain amount assigned by the court from his salary. At first, court officials can bother him with calls, letters, and if this does not work, then they come personally to the address of registration, residence and official place of work of the payer.

But if the payer has not faced a lawsuit in his own name and the bailiffs have not yet “caught his eye,” and the money is slowly but rapidly leaving his salary, then you should think about and find out what the matter is. Especially if the debtor and his wife have a common child and there is a possibility that she thought that the father was not sufficiently involved in the process of raising the child. And if there is such a chance, then the child support application should not come as a surprise. This usually happens when the husband often travels on business trips or has an irregular work schedule. There are 4 non-tricky ways to find out if a wife has filed a lawsuit for child support.

All these methods are aimed at just confirming the alimony payer's guesses. When, for example, in the accounting department he was told that the amount was withheld for alimony by a court decision. The court, in turn, must provide a certified copy of the decision. Sometimes comes to the place of work just a notification, and then the payer will have to find out the truth on their own. But if the information came in the form of a decision, then he can view it and make sure that there is really a decision on collection.

Go to court

Information about the court decision is available to everyone. But the problem is that the wife did not inform her husband about the application. This is possible only if there is undeniable evidence from the wife that the husband does not participate at all in the life and upbringing of the child.

Initially, child support can be arranged in two ways: through peaceful agreementcertified by a notary or through a court order. But since the wife filed a lawsuit, and the payer was not invited there, then we can only hope that the amount of payments is not too large.

It is possible to file an appeal within a certain period if alimony payerdisagree with any aspect of the formalized decision. This can be the amount, time frame and collection process.

You may also be interested in:

  • Overview judicial practice to collect alimony
  • Recovery of alimony - order, payment, court practice
  • Jurisdiction of cases on the recovery of alimony

Similar issues related to parental rights and alimony are dealt with by the magistrate's court. If the payer lives in a small town, then there is only one court. If the settlement is quite large, then you can go to the official website and find out at the registration address which court you need to go to.
There is a possibility that the payer will discover that the court at his place of residence has not considered the case. Then he needs to go to the magistrate's court at the place of residence of his wife or her registration.

After the debtor found out the address of the court, he needs to come to the office and ask for a copy of the court's decision in the case of the name of his wife. Everything is simple, and court employees should issue a document without any problems after confirming the identity of the applicant.

See also a video with legal advice on how not to pay child support:

Online base

There is another simple and quick way through which you can confirm information about alimony payments... There is online database of enforcement proceedings, which is posted on the website of the Federal Bailiff Service. It is very easy to find it through a search engine, but the main thing is to get to the official website with reliable information. There, according to the personal data of the payer, you can find your last name or data of your wife in the list of people who filed claims.

This is a relatively simple method, it can be done quickly without leaving the place of work or home.
These both of the above methods are applicable in all cases, but only if the payer did not communicate with the bailiffs or he was not personally provided with a document.

How to find out about alimony through the accounting department?

If the accounting department receives a notification that the payer of alimony needs to withhold a certain amount from his salary, then it is quite possible to rely on this document. Also, a copy of the court order must be sent with him. If it is not there, then you can apply for the contacts indicated in the notification. Or just clarify this information with your company's accountant.

Bailiffs

They can personally come to the debtor's home or work and report on the court's decision to recover the alimony funds. Moreover, they will not only bring a copy of the court's decision, they will demand recovery. It will be easier to issue it through the accounting department at the payer's place of work.
Of course, during a personal meeting with bailiffs, the question “Did the wife file an application for alimony” disappears by itself, since the answer to it becomes obvious.

What you can do right now:

  • Go to court to find out the details of the circumstances;
  • Carefully study the online database;
  • Watch the video presented in the article;
  • Read also additional material on this topic: 10 main questions for collecting alimony

According to statistics, only two-thirds of Russians, on whom they are entrusted, can boast of conscientious fulfillment of alimony obligations. The rest either pay maintenance for children irregularly, or avoid this obligation altogether. In the second case, the shortage of funds by children due to the law remains on the conscience of unfortunate fathers.

But there are also cases when the delay in alimony payments occurs due to circumstances beyond the control of the payer, or he does not have the opportunity to send the amount specified in the court decision day in and day out. For such citizens, the state has provided a number of ways to find out the alimony arrears, so that the lack of information on this issue is not a reason for shirking payments.

Dear Readers! Our articles talk about typical ways of solving legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the phones below. It's fast and free!

Exists state databank of enforcement proceedings, which records and constantly updates information on all subjects of enforcement proceedings in the country. It functions in accordance with the provisions of paragraph 3 of Art. 6.1. Federal Law "On Enforcement Proceedings".

The Databank of enforcement proceedings receives information about both physical and legal entities... It can be considered a kind of "board of shame" for those who evade the executive duties imposed by the court - both alimony and any other.

When the debt is fully covered, the payer record is deleted from the Data Bank or corrects (in case the debt is not fully paid off). Information that does not correspond to reality does not fall into it - the record about the debtor contains brief information about the enforcement proceedings, as a result of which financial obligations were assigned:

  • number and date of initiation of the court case;
  • details of the court order;
  • subject of performance (briefly);
  • the amount of debt;
  • the name of the bailiff-executor and the name of the department.

Access to the Databank of enforcement proceedings is carried out in two ways:

  • through the official website of the Federal Bailiff Service (FSPP);
  • through the Unified Portal of Public Services (EPGU).

The FSPP official website address is fssprus.ru. To search for information, no registration is required - just go to the main page of the site and enter the search data. The search is carried out according to the following parameters:

  • the region in which the enforcement proceedings were carried out (territorial bodies);
  • the name of the debtor;
  • patronymic;
  • date of Birth.

The last two parameters are optional for entering into the search form, but knowing them greatly facilitates the search in the Databank. After pressing the button "To find" a list of results for the entered data is displayed. According to it, focusing on the case number, the details of the court order, etc. one should look for the debtor's record.

In one of the fields, you can view the current amount of the debt, and in some cases even pay it directly through the Data Bank (if the bank in which the account of the recipient of the alimony is opened supports certain online payment services).

When searching for alimony arrears, you must remember to select the tab "Search by individuals", since legal entities, naturally, cannot pay alimony.

Single portal of public services

To find out the alimony debt through EPGU (www.gosuslugi.ru), you need register on this portal... The procedure is simple - you only need to enter first name, last name and email address or number mobile phone (optional). After registration, the user moves to his personal account.

Next, through the main page, you need to follow the link called "Authorities"... From the entire list of organs, Federal Bailiff Service... The site will display a list of services provided by the department, from which you need to select the tab "Provision of information on production in progress".

Further, the mechanism is the same as when searching through the FSPP - payer data is entered, but besides this, you need to specify the username and password in the EPGU. Search in the Databank through the FSPP and EPGU is completely free.

Online social media applications

Active users of social networks can find out the amount owed even through Odnoklassniki and In contact with ... In both social networks you can download the application "Databank of enforcement proceedings", through which you can subscribe to regular updates on the amount of alimony debt.

Thanks to the application, you can get:

  1. notifications about the accrual of the next debt;
  2. notifications of changes in current debt (with full or partial repayment of the amount).

Mechanism for calculating alimony arrears

The debt for alimony payments is calculated based on the provisions of Art. 102 of the Federal Law "On Enforcement Proceedings" and Art. 113 of the RF IC "Determination of alimony arrears". Exists three types of calculation, each of which is determined by the nature of cash deductions:

  • by the value of the subsistence minimum;
  • on the basis of the income of the performer of alimony obligations;
  • based on the minimum wage ( minimum size wages) in the state.

By the value of the subsistence minimum

The first method is used when the alimony payer has. The basis for the calculation is the subsistence minimum (LW) for the region. The amount of payment is indicated in the court decision as a multiple of the subsistence minimum - for example, 0.75 PM.

Since the size of the subsistence minimum changes on a quarterly basis, the debt is recalculated in accordance with its indicators. If payments have not been made, for example, for six months, then the indicator of the last quarter is used in the formula to calculate the debt.

Example: Since February 2015, a resident of the Perm region, citizen K., has been assigned monthly alimony obligations in the form of payment of 0.75 of the subsistence level by the decision of the district court. The citizen did not pay alimony even once, as a result of which a debt was formed by July:

0.75 (payment index) x 8730 rubles. ( living wage for the Perm region) x 6 (number of months) \u003d 39,285 rubles.

The second method is used when there are official sources of income. Share of income, which is the amount of alimony payments, determined in court or signed by the payer and the recipient... According to the provisions of Art. 81 of the RF IC the amount of alimony is calculated in shares:

  • on - up to 1/4 of income;
  • on - up to 1/3 of income;
  • for 3 or more children - up to 1/2 income.

When calculating debt, a 13% deduction is taken into account - income tax individuals (Personal income tax).

Example: Citizen M. is obliged to pay monthly alimony for the maintenance of two children in the amount of 1/3 of the documented monthly income, which is 45,000 rubles. The debt period is 6 months.

First, the amount on the basis of which the debt is calculated is calculated: 45,000 - 13% \u003d 39,150 rubles.
1/3 x 39 150 x 6 \u003d 78 300 rubles.

Based on the minimum wage

The third method is used in cases when the alimony payer works unofficially. The average size is taken as a basis wages by region and statutory share of earnings.

Example: Citizen Y. has a permanent place of work, but does not want to provide information on his salary. The debt period is 11 months, while the citizen is obliged to pay maintenance for three children:

1/2 x 36,000 (average salary in the region) x 11 \u003d 198,000 rubles.

Ignoring alimony obligations involves 2 types of responsibility:

  • Civil law, which consists in calculating a penalty for each overdue day of payment. The penalty is 0.5% of the total amount owed.
  • Criminal, according to the provisions of Art. 157 of the Criminal Code of the Russian Federation, which provides for the application of the following measures to non-payers:
    1. arrest for up to 3 months;
    2. assignment of compulsory works for up to 180 hours;
    3. assignment of correctional labor for up to 12 months.

Criminal liability is imposed if the person performing alimony duties is qualified as a malicious defaulter.

The following factors can be qualifying signs of "malice":

  • the payer is wanted for evasion of alimony obligations;
  • does not pay alimony for more than 4 months;
  • hides real income.

Malicious evasion of alimony obligations can become.

Plus, due to the large number of alimony debts, liability can be further tightened. About this video:

The possibility of exemption from alimony debt

There are also factors that allow the debtor to petition the court for the complete or partial cancellation of the alimony debt. These can be child support illness or extremely difficult financial situation... A complete list of reasons is indicated in Art. 114 RF IC.

In this case, the debtor is obliged to provide sufficient and convincing evidence of his inability to fulfill alimony duties: medical certificates, acts of representatives of authorized bodies, etc.

Even a man who conscientiously pays a certain amount to support his former family is not insured from a situation when a wife filed a lawsuit for alimony. Part 1 of Article 80 of the RF IC states that parents are obliged to financially provide for children until adulthood, and in some cases - up to 23 years old... The document of claim is filed with the court after the dissolution of the marriage if it is not possible to reach a consensus peacefully.

Referring to ch. 14-17 of the profile law, the amount of recovery can be reduced, but the cancellation of payments is possible in exceptional situations, the list of which is determined by law. In addition, according to the rules of Art. 90 of the RF IC, the ex-spouse can claim not only payments in favor of the children. She has the legal right to go to court in her own interests.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how to solve exactly your problem - contact a consultant:

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From a legal point of view, the best option is a peace agreement between both parties. The agreement is concluded in writing and certified by a notary. The document clearly limits the rights and obligations of the former spouses and is legally binding.

If any controversial issues arise in accordance with Article 100 of the RF IC, it can act as an executive document for a verdict in court.

What is it fraught with

In a situation that has arisen, lawyers advise, first, to get rid of illusions and hopes that the situation will resolve itself.

It is groundless to assert that:

"I am unemployed, there is nothing to pay alimony from"
  • Guided by Art. 43. FZ "On enforcement proceedings", you will have to pay in any case. The court has the right to arrest and sell the debtor's property at an auction. Alimony will be paid from this amount.
  • If there is no property, the citizen will still be prohibited from owning valuables or leaving the country. Collection will be levied on any purchase, whether it is buying a car, real estate or receiving a large sum of money.
"I receive my salary unofficially, they won't take alimony from me" According to the law, non-working parents are not exempt from paying child support. Art. 83 of the RF IC states that if income is unstable, they are charged anyway, but in a fixed amount.
"The ex-spouse will receive nothing, except for the child support due." According to article 86 of the profile law, a man can be attracted to pay for education, treatment and other additional costs for the maintenance of children.

Your best bet is to contact a family lawyer. It is needed not to find ways of retreat, but to find a legal solution to the issue.

Evasion of the payment of alimony in accordance with the legislation of the Russian Federation entails civil and criminal liability, it does not matter whether the marriage between spouses was officially registered or not

How to find out about the situation

How to find out the court's decision if the claim was filed without the knowledge of the citizen and the decision was made in his absence?

There are several ways:

  • in the accounting department at the place of official work;
  • directly in court at the place of registration;
  • during personal contact with;
  • through the online database, at.

After the court has made a decision on the payment of alimony, a notification is sent to the accounting department at the debtor's place of work. It indicates how much will be withheld from the salary every month in order to pay alimony. A copy of the court order is attached to the notification. If it is not there, you should contact the address indicated in the notification.

If there is evidence that a man is avoiding participation in the child's life, a woman can file an application against him in court without notifying about it. Then the decision can be obtained through the magistrate court, it is he who deals with litigation related to alimony and parental rights.

In large cities, the payer can find out the address of the court on the Internet, focusing on the address of registration. If there is no decision there, it is possible that the case was considered by the court at the place of registration of the wife, it is there that the document must be looked for. When you find the exact address, you need to contact the court registry and request a copy of the decision.

Bailiffs can report the recovery of alimony by visiting the debtor at the address of residence. They will not only bring a copy of the document to the payer, but also require collection on the basis of a court decision.

You can find out the exact information about the recovery of alimony through the online database. The website of the Federal Bailiff Service has all the information about enforcement proceedings... Once there, the payer will find a court decision on the statement of claim based on personal data or the surname of his wife.

What to do when the wife filed for child support

If unemployed

What if a citizen is officially unemployed? Guided by the current legislation of the Russian Federation, alimony is collected in this case as well.

One child is charged an amount equal to ¼ of the average salary in the country or region at the moment. The debt will accumulate until the defendant officially finds a job. After that, the entire amount of the alimony will be withheld in full.

If an unemployed alimony payer is registered with an employment center, the arrears are collected from the unemployment benefit. Alternatively, by a court decision, alimony can be collected from the debtor at the expense of personal property or in a fixed amount of money. It does not matter whether he is unemployed or not, whether he has unemployment benefits or not.

In exceptional cases, when a man is a senior pensioner or disabled person, the state may assume the obligation to pay alimony.

General points

The legislation of the Russian Federation provides for a number of provisions according to which a man is forced to pay alimony to his ex-wife.

The reason can be:

  • a woman's pregnancy, the fact that she is in maternity leavecaring for a child until he turns 3 years;
  • the woman is recognized as disabled due to disability or age;
  • there is a minor disabled child (or children) in the arms of the ex-spouse under 18;
  • a woman is caring for a jointly acquired child (or children) of any age with group I disability.

The state regulates the procedure for paying alimony only for couples who have officially registered their marriage. The former common-law spouse (cohabitant) does not have any rights to payments by law.

When without divorce

Guided by the laws of the Russian Federation, a woman has the right to file a claim without divorce. This is possible in cases where the couple is actually married, but the spouses live separately and each of them has their own budget. Also, a man is obliged to pay alimony if he shares one living space with his ex-wife, but does not allocate money for a child jointly acquired in marriage.

A woman has the right to demand the payment of alimony from her ex-husband if:

  • at her expense are minor children acquired in a joint marriage;
  • on her hands - general disabled children of any age (disabled from birth or sick with an incurable disease).

If the marriage is not officially terminated, the ex-spouse can request alimony in the following amounts:

  • ¼ part of all income of the defendant for a child under 18 years of age;
  • a third of all income of the former spouse, if there are 2 children in the family, acquired in marriage;
  • half of all the income of the defendant if 3 or more children were acquired.

Alimony is calculated from the moment the claim is filed with the court, and not from the child's birthday. Their size is finally determined by the court. All circumstances of the case are taken into account: financial position both sides, financial opportunities and the physical health of the ex-spouse.

The ex-spouse may be relieved of the obligation to pay child support.

The legislation provides that the ex-wife will not receive payments if:

  • after marriage she abused alcohol, drugs and refused treatment;
  • committed illegal acts or deliberately contributed to the onset of disability of the former spouse;
  • during marriage, she led an immoral lifestyle, committed violence against her ex-spouse, children and family members;
  • incapacity for work (disability) of a woman occurred as a result of immoral behavior (alcohol and drug use) or after the commission of a criminal offense.

The ex-spouse may not count on payments if, in the process of living together, she spent the budget without her husband's consent, making large purchases, and alimony will be refused if the marriage lasted less 5 years

How to respond

Do I need a lawyer if the wife filed for child support and the defendant found out about it? Definitely yes. Contact a specialist with experience in family litigation. He will give advice, provide services for drafting a complaint, refutation of a statement of claim, etc., will help to collect a package of documents to protect the rights and interests of the defendant in court.

A lawyer in the interests of the defendant will advise the following:

  • get the court to establish a fair amount of maintenance payments;
  • in court to ensure that the defendant pays alimony in shares of income, a fixed amount or in any form convenient for him;
  • to reach a consensus through the court, beneficial for both parties;
  • make an attempt to resolve the situation peacefully (in this case, the ex-spouse refuses the claim, and then through a notary a mutually beneficial agreement on the payment of alimony is concluded for both parties).

If a man regularly transfers a certain amount to his ex-wife and has supporting documents in his hands, he can file a counterclaim with the court. This also makes sense in cases where the real estate and other personal property belonging to him were sold in order to pay alimony.

Possible complications

In the practice of law, there are cases when a spouse makes unlawful demands on her ex-husband, for example, demands to pay maintenance for other people's children. If the wife filed a statement of claim and did not report it, and the defendant has suspicions that the alimony will be misused, a lawyer will help solve this problem as well.

In this case, the court determines the amount of security in kind:

  • to pay for treatment, rehabilitation or recreation of children;
  • for the purchase of food, things and children's toys;
  • to pay for the child's education and so on.

If there are controversial issues regarding the amount of financial assistance, before submitting a counterclaim to the court, you must prepare a package of documents:

  • certificate from the place of work for the last six months;
  • documents confirming that the defendant has children from another marriage, disabled parents, and so on.

If any controversial issues arise, lawyers advise the defendant to take an active position. He must be interested in court decisions, attend personally at all court sessions or send an official representative to them.

According to the Code of Civil Procedure of the Russian Federation, Article 167, the case can be considered without a defendant. The court is postponed only if he was not present at the hearing for a good reason.

The active participation of the defendant in the trial disposes of the plaintiff and the judges, which will affect the final verdict in the case. At the end of the hearing, both parties receive a copy of the court's decision, which, if desired, can be appealed by filing an application with the court of appeal.

If the document satisfies both parties, they wait for it to come into legal force. After that, the defendant must contact the local Foundation social insurance and fulfill the order by paying alimony.

In order for the divorce process to take place in the shortest possible time and the requirements are satisfied as much as possible, it must be drawn up correctly.

In what cases children pay alimony - you can find.



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