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How to get alimony without divorce

There are often cases when a husband does not care about children at all, spends all his salary for his own needs, does not provide any financial assistance to his wife. Often this leads to a divorce, and the wife sues alimony.

However, it is not necessary to wait for divorce, to take care of your children, you can and even need to apply to the court immediately. Consideration of the statement of claim for maintenance is an independent legal process that does not depend on the dissolution of marriage, although they are often combined in time.

For what reason it is desirable to file for alimony without a divorce, that is, in advance? The procedure for divorce can take a long time. It is possible that her husband will tighten her efforts in every possible way and try to change the situation in her favor. During this time, he can take care of reducing his official income.

Where should I go to get alimony without a divorce?

Most often they go to court, but you can solve the problem without it. Spouses need only apply to a notary and conclude an agreement. The amount of alimony will be set individually, that is, by agreement.

How to file for alimony without divorce?

To do this, you need to apply to the court with a statement of claim. It is considered by the justice of the peace in the place of residence of either the plaintiff or the defendant. In the event that the defendant does not attend the court hearing without good reason, the examination can be conducted without his participation.

To get alimony without divorce, the court will need to provide the following documents:

1. 2 copies of the statement of claim;

2. an extract from the home book in which it should be indicated where the common child lives;

3. certificate of marriage;

4. Birth certificate of the child.

In order to get alimony without divorce, you may need other documents depending on various circumstances.

The standard amount of alimony is 25% of the official earnings per child and 30% for 2 children. The judge decides on the amount of alimony, considering the material prosperity of both parties, the presence of children from another marriage, dependent relatives, as well as other circumstances. It can both reduce and increase the size of payments. Alimony, in addition, can be appointed in a firm amount of money.

It is also desirable to provide detailed information about what kind of income the spouse has, in order for the court to have a full picture of his earnings.

In addition, you can apply for alimony without divorce for the maintenance of the child, you can get them for yourself, if you are pregnant, disabled, raise a minor child who is disabled, or a child, regardless of the age of the disabled group 1.

In order to correctly compile a statement of claim for recovery from the spouse of alimony, you can apply to a legal advice to a lawyer. In addition, he will be able to represent your interests in court, will help to achieve the maximum amount of payments. In case you do not have money to contact a lawyer, you can use the service of legal advice online. Thanks to this modern method, you will be able to get the information you need, you will know your rights and obligations, you will be able to independently compile the necessary documents.

Control over payments for maintenance is carried out by the bailiff. If necessary, you can refer to it and clarify the amount of the debt of the spouse.

If, after the court decision, the spouse refuses to pay for the maintenance of his child, he may be prosecuted. For this reason, he will be interested in working and, thus, it will help to provide a family even if you do not want to divorce.

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