Sometimes in a family situation develops, whenOnly one of the parents is concerned with the maintenance and care of a common child, although the latter must take an active part in this. In this case, the baby suffers most of all. He turns out to be devoid of attention from the pope or mother and financially disadvantaged. As a result, one of the parents is compelled to make a statement of claim for recovery of alimony from the spouse and to apply the documents to the court.
Seek help in the courts on the issue of recovery of alimony can be:
1. After the divorce.
2. Being married.
3. In the event that officially marriage is not registered, but both parents are inscribed on the birth certificate of the child.
In the first case,that all the problems associated with the maintenance and upbringing of children fall on the shoulders of the parent with whom the child remains, and the second often evades his legal duties. The statement of claim for recovery of alimony becomes the only hope for justice. In the second and third cases, it will be somewhat more difficult to prove the circumstances of an unfair attitude, but it is possible. After applying to the court, the issue of the child's maintenance can be solved in two ways:
1. Voluntarily. In this case, the parents enter into an amicable agreement, which stipulates all aspects of this issue.
2. In a judicial procedure. This occurs when the agreement was not reached, and the decision is taken by the court on the basis of the articles of the Family Code.
After this, the judicial authorities begin the proceedings.
However, if the defendant, at the time of filing the claim, alreadyis a new marriage and has a minor child in it, then the calculation of alimony will take into account children from both families. But sometimes the amount does not suit the plaintiff. This can be, for example, because the defendant's wages are negligible. At the same time, he receives additional means to live in other ways. Then the plaintiff can demand through the court to increase (within reasonable limits) the amount of alimony. The court has the right to reconsider the question and force the defendant to pay the established percentage of deductions on the basis of all sources of his income.
There are different life situations. For example, one of the spouses after the divorce resides separately from the former family. In addition, he does not have a permanent official salary. What should the second wife do? On what means to support the child, because there is nothing to count alimony? Or, for example, the defendant receives a salary in kind or in foreign currency. In this case, the Family Code has article 83, which allows the plaintiff to draw up a statement of claim for recovery of alimony in a hard cash amount. The procedure for filing such a statement remains the same. The court, having considered all the circumstances of the case and the documents submitted, makes a decision to recover from the defendant a monthly fixed amount of money in favor of the plaintiff for the maintenance of their common children (minors). The amount of alimony must be at least the amount that the parents spent on the child before the divorce. In support of this, the plaintiff must provide all necessary information. It is worth noting that in the conditions of inflation such funds are necessarily subject to monthly indexation.
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