Alimony for the maintenance of a wife up to 3 years: amount, how much to pay, collection of alimony for the maintenance of the mother of a child up to three years old

Legislation

To be confident in your requirements, you need to know that the law is on your side, namely what articles this rule regulates.
As for maintaining a child with his mother until the child is 3 years old, this right is fixed in Articles 89 and 90 of the Family Code of the Russian Federation, according to which this responsibility falls on the shoulders of the father, regardless of whether the parents were officially married or not. In addition, the described rule also applies to alimony for a pregnant wife who is carrying their joint child and is recognized as temporarily disabled. There is also another legal basis: Article 256 of the Labor Code, which states that a woman can go on paid leave after 30 weeks of pregnancy, as well as up to 1.5 years after giving birth to care for a child. For the remaining time from 1.5 to 3 years, until the child goes to kindergarten, a woman may not work for a good reason, she will retain her job, but she will no longer be compensated financially for this period. Accordingly, she needs additional financial assistance and since she does not work due to raising a child, his natural father must take care of this.

In what cases can the mother of a child apply for child support?

Regarding alimony for the maintenance of the expectant mother and during her maternity leave, the legislation puts forward a number of requirements. So, what conditions must be met:

The spouses are officially married

No matter how strange this may seem, this is not uncommon in judicial practice and the law does not distinguish between whether the child’s parents are actually registered as of today or not. Sometimes spouses are at the stage of divorce proceedings, and a woman needs financial assistance or, living with her husband, he does not provide for her in any way, and she cannot support herself due to pregnancy or being on maternity leave to care for a child. This right is respected by the mother even after the divorce, the main thing is that the child was conceived during the official marriage.

Parents were not registered

As in the previous case, the father’s responsibility to support disabled family members is not relieved. Since a woman is carrying or is already raising their common child, who is not yet 3 years old, the father must provide not only for the minor dependent, but also for his mother. After all, she cannot leave the baby and get a job to support herself. However, there is one more amendment: the name of the father of the child must be documented or paternity must be proven through the court.

The child must be a relative of the potential child support payer

We have already said this earlier that the father’s name must appear on the child’s birth certificate or it has been replaced by a court order to establish paternity. If the husband denies this fact, and therefore refuses to pay child support for a child under 3 years of age, then the court will order a genetic examination. If this fact is proven, responsibility is removed from him. The only restriction on challenging the relationship of the unborn child and the potential father is the threat of miscarriage during pregnancy.

The child must be no more than 3 years old

As we have already said, it is possible to support a mother during her maternity leave, which under standard conditions is 3 years. Therefore, after parental leave for up to three years ends, the responsibility for alimony for the wife also ends and only the obligation to provide for your child remains. An exception is the case when the child is disabled and requires constant care, as a result of which the mother living with him cannot go to work. Then alimony will be paid for the maintenance of both dependents.

If the child is not the relative of the alimony payer, but he is married to his mother and knew about it earlier, then the responsibility for his maintenance is not removed from the father.

What percentage of my salary is alimony if I'm on maternity leave?

Article 90. The right of the former spouse to receive alimony after divorce [Family Code of the Russian Federation] [Chapter 14] [Article 90] 1. The right to demand the provision of alimony in court from a former spouse who has the necessary means for this, have: the ex-wife during pregnancy and within three years from the date of birth of a common child; a needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen or a common child who has been disabled since childhood, group I; a disabled, needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of dissolution of the marriage; a needy spouse who has reached retirement age no later than five years from the date of divorce, if the spouses have been married for a long time. 2. The amount of alimony and the procedure for providing it to the former spouse after divorce may be determined by agreement between the former spouses.

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Registration of alimony for the maintenance of the wife

As with alimony payments, this type of collection can be resolved in two ways: on the mutual initiative of both parents or through the judicial authorities, that is, by force.

Voluntary alimony agreement

A voluntary agreement implies a situation where the father understands the situation the child’s mother finds herself in, she counts on his support, and he, in turn, does not shy away from financial assistance, especially since the upbringing of his child directly depends on this. Today, one of the main mistakes is a verbal agreement between spouses on future assistance. And even if at first the alimony payer does not shy away from alimony for the maintenance of his wife, this does not mean that in the future this will not develop into a problem. You must understand that an oral agreement has no legal force, so it will be almost impossible to prove the fact of termination of payments. That is why any agreements must be recorded on paper with signatures, and then certified by a notary.

Notarization of a voluntary agreement will take only one day. You will only need to come to a mutual agreement regarding the amount of future alimony, its form, order, regularity and responsibility of the parties. All these points must be written down by the notary in the contract, so that if they are violated, you can go to court to challenge (Article 99, 100 of the RF IC). A certified agreement is equivalent to a court decision.

The method of voluntary maintenance of a spouse is much more practical for both parties, in contrast to forced maintenance, since they can discuss all the nuances among themselves and choose the most convenient option.

Collection through court

If the previous condition is not met, then the mother with the child will be obliged to apply to the judicial authority to compulsorily recover financial assistance. To do this, it is necessary that all of the above conditions that we discussed earlier are met. If there are no obstacles and the father evades child support, then the mother, who is on maternity leave, can file a claim at the father’s place of residence for forced collection. It will definitely need to be accompanied by a package of documents confirming the basis for penalties (Article 23 of the Code of Civil Procedure of the Russian Federation). If, in addition to the award of alimony payments, there are other difficulties, for example, the father hides his whereabouts, violates the terms of the notarial agreement, etc., then the application is submitted to the district court (Article 24 of the Code of Civil Procedure of the Russian Federation).

After submitting the necessary documents, the court begins to consider the case. This usually takes from 10 days to one month (the period depends on the place of consideration of the dispute - magistrate or district court). After this, the court makes a decision. If it is positive, then the plaintiff and the bailiff are issued a writ of execution (or sent to the place of his official work), on the basis of which alimony must be legally paid. The amount of financial assistance is also determined by the judge.

If the defendant does not agree with the court decision, he can challenge it within 10 days from the date of issue of the writ of execution.

Formula for calculating alimony for a pregnant wife

If we calculate alimony at the subsistence level, then the formula will be as follows:

AL = C x N%,

where AL is the amount of alimony collected,

C – the adult subsistence level (for a constituent entity of the Russian Federation or all-Russian),

N% is a percentage value (usually ranges from 50% if the pregnant woman has income, and up to 100% if the pregnant woman has no income).

If we calculate alimony based on the documented expenses of a pregnant woman for her needs, then the formula will be as follows:

AL = P x N%,

where AL is the amount of alimony collected,

P – the amount of monthly expenses,

N% is a percentage value (usually ranges from 50% if the pregnant woman has income, and up to 100% if the pregnant woman has no income).

Statement of claim for maintenance of the mother of a child under 3 years of age

So, the case of forced collection of alimony will be considered only after filing a statement of claim. To do this, it must be correctly legally formalized. The detailed execution of such an application can be found in Articles 131, 132 of the Code of Civil Procedure of the Russian Federation. So it should include:

title “Statement of Claim”;
full name of the body where the application is submitted - magistrate or district court;
personal data of each party;
the reason for filing the claim, as well as its legal validity (Articles 89, 90, 91, 117 of the RF IC);
list of supported documents;
date, signature.

Sample application for maintenance of mother and child under 3 years of age

There is no state duty when collecting alimony from the mother. It is taken from the defendant, that is, from the father of the child (Article 333. 36 part 2 paragraph 1 of the Tax Code of the Russian Federation).

Required documents

The statement of claim must be supported by the necessary documents. This list usually includes:

document confirming the identity of the applicant (passport);
if the parents were or are married, then a certificate of marriage or its dissolution;
child's birth certificate;
a certificate from the housing office about the joint residence of the mother and child;
a certificate that the woman is on maternity leave and has no income.

If a woman is pregnant, then instead of the child’s birth certificate, she will need a certificate from the antenatal clinic stating that she is registered there. All of the listed documents except the passport must be submitted in the original, so take care of this in advance.

Amount of child support for the mother of a child under 3 years old

At the moment, the law does not establish one single amount of alimony, which can be based on the maintenance of a woman with a child who has not reached the age of 3. Here the judge will simultaneously take into account a number of circumstances:

financial situation of each party;
their marital status;
possible additional income;
health status;
presence of other dependents and financial responsibilities.

For this type of alimony, only a fixed form of monthly payments is inherent. It is established based on the cost of living in a given region, as well as the needs of the plaintiff. In each specific case the size will not be the same. This can be either 2 living wages or strictly the minimum amount. In the future, with an increase in this indicator per capita, alimony is indexed, as a result of which it will also increase (Article 117 of the RF IC).

If the issue of alimony payment was decided by mutual consent of the parents, then they have the right to independently determine the fixed amount of alimony payments, but not lower than the level established by law (Article 103 of the RF IC). As practice shows, usually a father has to give almost half of his earnings to support his wife and young child.

Changing the amount of alimony

As with other types of alimony, payments to the wife during child care can also be changed up or down. Such a requirement is put forward when the interests of one of the parties are infringed. Most often, the father demands a change in alimony, namely its reduction, by writing a counterclaim with the claim that the remaining amount does not cover his expenses, which are classified as vital. In order for the court to satisfy this request, the alimony payer will have to provide not only strong arguments, but also support all this with evidence - certificates, checks, testimony. The question of increasing the amount of alimony, when the mother files a second claim, must also be supported by certificates, for example, about a sharp deterioration in health or deprivation of permanent living space. If the collection of alimony occurs under a voluntary notarial agreement, then after discussion between the parents of changes in the amount of subsequent payments, the final agreement must be recorded on paper, certified and supported as an addition.

Sample application to change the amount of alimony

Child support amount

At the level of family legislation, universal amounts of alimony payments are determined, the amount of which depends on how many children are dependent on the payer. The maximum payment amount is half the salary or other income of the alimony payer (only if there are 3 or more dependent minor children).

Up to what age is child support paid?

After the question of awarding alimony to the child’s mother is raised, each party is interested in the question: until when should deductions be made?

after the end of maternity leave and the child turns three years old, the mother is obliged to go to work, as a result of which alimony will be received only for one dependent - the child;
if the child is disabled, then alimony payments can be extended until he turns 18, provided that the child needs constant care;
if a child is disabled in group 1 and his ability to work is permanently lost until the end of his life, then alimony will be paid as long as the child requires outside help, and there is no one else to provide it except the mother;
by voluntary agreement of the parties, this issue can be regulated according to your interests, however, without violating the law, that is, all 3 points described above.

If a woman remarries before the child is three years old, then the responsibility for paying alimony to the ex-wife is removed, the father will continue to pay alimony only for his child.

Today, only a few former spouses support not only their child, but also their wife, who is on maternity leave to care for a child up to 3 years old. Therefore, if you have an acute issue of financial support not only for your child, but also for yourself, feel free to file an application to court. This right is regulated by the articles of the Family Code, which means that it is you who are doing the right thing, and not the father who evades alimony.

Alimony from maternity leave

Please tell me whether alimony will be collected from me in such a situation. I have been divorced for thirteen years, alimony from my salary is calculated monthly at twenty-five percent for my ex-wife on a card, she married another man, gave birth to a second child from him. The question is: the following: soon I will get married and I will have a child, do they have the right to deduct child support from maternity pay? I want to register maternity leave for myself, since my future wife does not work and is registered in another city, and I want to register my future child with me.

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