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Russian legislation provides forequal participation of spouses in the maintenance, upbringing and treatment of their underage children. However, in our country, it is not unusual for a husband to systematically not fulfill his obligations: he hides his income or can not provide for his family because of low and irregular earnings, alcohol addiction, etc. In this case, the wife can file for alimony even without formal dissolution of the marriage. Sometimes a husband and wife do not support family relationships, but they can not divorce because of difficulties with the division of property or other obstacles. This in any case does not interfere with alimony if the spouse refuses to support their children.

How to file for alimony without divorce

The procedure is practically the same as the one,that occurs at an official divorce. If the spouses were able to negotiate peacefully, they together with the lawyer make up a contract indicating the amount of payments and assure it from the notary. Otherwise, it is necessary to apply to the world court with a demand to collect alimony for an underage child or children. If the total child of the spouses is less than a year, the woman can receive alimony and for her own maintenance.

Documents and procedures for filing a claim for recovery of alimony in marriage

In a world court you can apply personally or sendall necessary documents by registered mail. The main document is a statement of claim in writing, indicating the name of the claimant, the address of registration and actual residence, full name of the defendant and his address (actual and permanent). A few documents must be attached to the application: - a copy of the marriage certificate; - a copy of the child's birth certificate; children - a certificate from the place of work of the defendant. Often, the plaintiff does not have the opportunity to find the last document from the list, so it is permissible to indicate in the application that the defendant's place of work is unknown. After filing the application, the magistrate in the course e few days must take him to the court and initiate a civil case. The plaintiff can expect to receive 25% of the official earnings of the spouse for one child, 33% for two children, 50% for three or more children. Sometimes it is possible to charge alimony in a fixed amount if the spouse does not have a stable income or his official salary differs significantly from the amount of actual earnings. The amount of alimony is also influenced by such factors as the state of health of the spouse, the level of his income and the presence of other children, against whom he fulfills maintenance obligations.