In society, no one is surprised by unregistered relationships between a man and a woman. Children are not registered with the father; in the event of a divorce, he does not have an obligation to pay maintenance to them. Because of this, women are wondering how to apply for alimony if we are not married and the child is not registered with the father?
Legal aspects of parental and child support relations
The law establishes that legal confirmation of the fact of the birth of a baby from a man and a woman (in a registered marriage) is:
- Certificate of marriage.
- Medical documents about the birth of the child.
On their basis, the registry office makes an entry in the civil status acts and issues a paper (birth certificate), which indicates the mother and father of the child.
Legislation (Federal Law No. 143 of November 1997) defines the rules for entering information about parents who are not in an official relationship. In this case, information about the mother is registered on the basis of medical papers, and the information about the father is determined:
- According to the entry in civil status acts establishing paternity (if established at the time of registration of the baby).
- From the statement of the mother of the baby for whom the papers are being drawn up.
An entry on a child's birth certificate does not prevent paternity from being established. By law, any man can be recognized as a father, but this will have to be done through the courts.
Therefore, the answer to the question of how to apply for alimony if we are not married and the child is not registered with the father depends on the man’s behavior after the breakup of the family.
Registration of a voluntary desire to support children
In a situation where a spouse helps voluntarily, establishing paternity is not necessary. In this case, alimony relations are formalized by a civil agreement. According to the law, couples whose relationship is officially registered and those who did not want to go to the registry office before the birth of the baby have the right to sign the document.
Such paper is certified by a notary. It contains all the issues regarding the payment of monetary support - timing, amount, indexation procedure. The agreement serves as an executive document; if, after its conclusion, the man refuses to fulfill it, then alimony is collected in court.
When a woman does not know how to apply for alimony, if she is not married and the child is not registered with the father, then the law does not prohibit changing the voluntary agreement on alimony payments. This is possible if the father decides, after signing the paper, to confirm the absence of a family connection with the child for whom he is paying money. But this can only be done by court decision.
Judicial protection of rights to financial assistance
Situations when men do not want to pay money for child support are more common. But, in this case, the answer to the question of whether it is possible to apply for child support if the child is not registered with the father is positive. True, for this you will have to establish paternity. The procedure is complex, and it cannot be accomplished without the involvement of competent lawyers.
It all starts with a statement of claim for the collection of alimony (the Russian Civil Code determines that disputes related to the establishment of paternity and the collection of alimony support are considered by district judges) at the place of residence of the mother or father. The right to choose belongs to the mother, who seeks protection in court.
It is not prohibited by law to indicate two demands in one claim. Such an application is not subject to state duty.
The difficulty of disputes about establishing paternity is the proof of the birth of a child from the defendant. It is important to consult with a lawyer in advance and find out how to apply for child support if we are not married and the child is not registered with the father.
Evidence of the birth of a child includes information that confirms the possibility of the birth of a baby from the defendant:
- Photo, audio and video materials.
- Testimony of witnesses.
- Evidence.
The only way to definitely solve the problem is through DNA testing. But this expert opinion is expensive, and the party filing the petition for its appointment will have to pay for it.
The court may order it, but in practice such cases are rare. Usually the judge (if indirectly confirming the origin of the child from the defendant) invites him to conduct the test at his own expense. If the putative father refuses to commit such an action, the court has the right to make a decision based on other evidence.
The procedure for collecting maintenance for children born out of wedlock of their parents is complex. In order for a woman to get what she wants, the answer to the question of how to apply for alimony if we are not married and the child is not registered with the father should be asked to competent legal specialists with experience in considering cases of establishing paternity and collecting parental financial support.
How to apply for child support if the child is not registered with the father - judicial practice in resolving disputes
The courts, when considering disputes related to establishing the origin of the baby and claims for alimony, proceed from the protection of the interests of the child, so the decision is made in favor of the plaintiff.
Thus, the Prikubansky District Court, having considered the case materials on the claim of Maslova E.A. to Pivnev A.V. on establishing paternity and collecting alimony established:
- The plaintiff and defendant were in a family relationship, but did not register them with the registry office. As a result of this relationship, they had a son. The defendant refused to establish paternity; there is a dash on the boy’s birth certificate.
- Currently Pivnev A.V. does not help the plaintiff in raising and supporting her son, so she went to court with demands to recognize the defendant as the boy’s father and to collect alimony from him.
- Maslova E.A. conducted a DNA examination at her own expense, which confirmed the defendant’s paternity with a 99% probability.
- Pivnev A.V. admitted the claim based on the results of an expert opinion.
Having examined all the materials of the case, the court came to the conclusion that the stated requirements were legal and satisfied the claim of E.A. Maslova. fully.
When you are wondering how to apply for alimony if we are not married and the child is not registered with the father, then you cannot do without the help of a competent lawyer..
There are professional lawyers who are ready to help women in difficult family circumstances. They will tell you how to apply for child support if the father is not listed on the baby’s birth certificate, and they will help you collect all the necessary documents.
Thanks to the support of the portal, the site, you have access to free legal advice online. You will receive answers to any questions about collecting child support, and if you need an in-depth analysis of the situation, you will be offered paid services.
Cohabitation between a man and a woman is gaining momentum, and all because family values are fading into the background - well, modern citizens do not want to bind themselves with chains and take on obligations.
If the defendant voluntarily or compulsorily passed the test, the results of which are positive, the woman files a new lawsuit in court - to recognize the defendant as the father based on the result obtained, with a subsequent obligation to pay alimony.
Based on the results obtained, the court makes a decision in favor of the plaintiff, even in the absence of the defendant in the courtroom.
Sample statement of claim
In the question of how to apply for alimony if it is not scheduled, a sample statement of claim is fundamental to the whole idea.
So, if the plaintiff cannot accurately formulate his wishes, a positive judgment will be in question.
You can view a sample statement of claim at the stand in the magistrate’s court, where you should apply to consider such cases.
Ideally, it is better to contact a lawyer who will accurately determine other additional points relating to the individual case.
Often, the plaintiff comes to court with a lawyer - this specialist will not only collect all the documents, including drawing up a statement of claim, but will also help in a controversial situation. To draw up an application yourself, just look at the sample below.
So, recognizing paternity, or even motherhood, and obliging to pay alimony, provided that the spouses were not married, but only lived together, is much easier today. To do this, it is enough to take a DNA test and attract witnesses. If both parents are indicated on the child’s birth certificate, the issue can be resolved even faster.
Expert opinion of a lawyer
The best option for obtaining financial support for a child is if the details of both parents are established. If there is no dispute on this issue, both parents should contact the registry office with applications to record their data on the baby’s birth certificate. Then, in the absence of financial support for the child from one of the parents, the second has the right to demand the conclusion of an alimony agreement or may apply to the court with an application to collect alimony.
If a parent who lives separately from the child, or lives together with him, but has not provided his child with financial support, is ready to enter into a child support agreement, both parents should draw up the agreement independently or with the help of a lawyer or with the help of a notary, and then the agreement should be certified by a notary office so that it has legal force.
If, after the agreement has been drawn up and certified, the alimony payer evades his duties, bypassing the court, the alimony agreement is transferred to the bailiff service and then alimony will be collected forcibly. More information about the conditions for concluding, amending and terminating an alimony agreement can be found in Chapter 16 of the RF IC.
But, as practice shows, rarely one of the child’s parents is ready to voluntarily pay child support, so they avoid concluding an agreement. In this case, the issue will have to be resolved in court.
There are 2 options for collecting alimony through the court:
1) If both parents are indicated on the child’s birth certificate, alimony can be collected in a simplified manner. To do this, an application is submitted to the court to issue a court order for the collection of alimony. In this case, the parties to the case are not invited to court and a decision is made within 5 days. court order, which is an analogue of an executive document. The court order is transferred to the bailiffs to initiate enforcement proceedings and enforce the collection of alimony.
However, the defendant has the right, after receiving a copy of the court order, to cancel it within 10 days. Then the alimony collector will have to go to court with a statement of claim to collect alimony.
2) If there is a possibility that the defendant will cancel the court order, it is better to immediately write a statement of claim. Also, legal proceedings will take place if one of the child’s parents is not indicated on the birth certificate. In a lawsuit, the parties to the case are invited to court, where they can bring objections and petitions, as well as present evidence. If one of the parties to the case disagrees with the court’s decision, she has the right to file an appeal within a month.
It should be noted that if, for example, paternity has not been established, then there is no need to go to court twice. The plaintiff in one claim may make several claims related to the case. For example, about establishing paternity and collecting alimony. In this case, the issue of establishing paternity will first be resolved. If the issue is resolved positively, the trial will continue, but the second issue will be resolved: the collection of alimony.
After making a decision, the court draws up a writ of execution, which the claimant should receive and apply to the district bailiff service at the place of residence of the defendant (debtor, alimony payer). There is no point in contacting the SSP at your place of residence. The requirement for a territorial procedure for the collection of alimony is enshrined in Art. 33 Federal Law “On Enforcement Proceedings”.
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After the divorce procedure, both spouses remain obligated to support their children. One spouse remains the child’s guardian, and the second, in accordance with the law, is obliged to pay monthly alimony for the maintenance of the child (for example, cases of alimony for a wife on maternity leave for up to 3 years are relevant). And the answer to the question of whether payments are due for children in a civil marriage is contained further in the article.
Alimony in a civil marriage
In accordance with the provisions of Russian legislation, all children born in an official marriage or in a civil marriage have the same rights to maintenance. Both mother and father are responsible for the child, obliged to support and care for him. Alimony in a civil marriage is charged in the same way as in an official marriage.
Collection of alimony from the father in a civil marriage can be carried out in two ways:
- draw up a peace agreement;
- file a claim in court.
A peace agreement is drawn up between mother and father on a voluntary basis, always in writing and certified by a notary office. If the document is notarized, then if one of the parties violates its obligations, the second can go to court by submitting this agreement.
The voluntary agreement must indicate:
- information about the recipient of payments;
- information about the payer;
- payment period;
- form of payment - a fixed amount of money or a percentage of income received;
- transfer form Money— cash or non-cash;
- the rights of citizens who entered into an agreement;
- responsibilities of father and mother;
- period of validity of the contract;
- signatures of the parties;
- notarization.
You can download an example of an alimony agreement in a civil marriage at link.
If spouses living in a civil marriage were unable to reach an agreement peacefully, then they should contact the court, which will resolve the dispute. But there is one caveat - paternity must be proven. The process of recognizing the relationship between father and child is mandatory to establish the amount and procedure for alimony payments in an unregistered marriage.
You can apply for alimony outside of marriage if one of the following conditions is met:
- In the child's birth document there is a record of his father. At the time of registration of papers, the father was present at the state registry office and with his permission a record of paternity was made;
- There is evidence of the relationship between the baby and the father according to a court order. Both mother and father can file a lawsuit.
Confirmation of paternity
If the birth certificate does not indicate the father, then the only option left is to go to court. Conditions for applying to the court:
- the mother has a birth certificate for the child;
- the father does not recognize the relationship.
In order to receive child support outside of marriage, you must provide proof of paternity. Evidence may include:
- letters - on electronic media or on paper;
- witness's testimonies;
- papers proving living in a civil marriage;
- arguments recorded in photos or videos;
- paper containing information about genetic testing.
The most reliable way to establish paternity is to conduct a genetic DNA analysis. The examination can be carried out before the start of the trial by mutual consent of the parties - father and mother. After the court hearing on payments, genetic analysis is also carried out, but one of the parties is forced to hand over biological material.
Amount of alimony
In accordance with the legislative norms of Russia, regardless of marriage (civil, official), child support is paid according to the same principle.
Alimony outside of marriage is paid in two ways:
- in a fixed amount of money by agreement of the parties;
- in a certain amount established by the head of the court.
The amount of payments depends on the number of children out of wedlock and the income level of the payer.
What income is subject to non-marital alimony payments?
In order for the judge to take into account a claim for alimony in a civil marriage, you need to submit a package of documents. In such a situation, the following list of papers is submitted:
- copies of passports of both participants in the proceedings;
- birth certificates of babies;
- paper on family composition;
- papers indicating the income of the father and mother;
- documentary facts confirming that the father did not want to pay alimony outside of marriage.
If you apply for alimony after the breakup of a marriage, then a certificate of divorce should be added to the list of documents.
Relationships between two young people do not always end in marriage, and many now prefer not to sign, but simply. However, when deciding to take such a step, girls, first of all, should think about the consequences.
Rights of a child whose parents are not registered
No matter, baby is born in a registered marriage or in question. A child can also apply for, but only under one condition - if.
If the fact of motherhood is recorded in the document that the mother receives upon discharge from the maternity hospital, then in order to establish paternity, it is necessary to go through a number of procedures.
If the relationship between the common-law spouses has ended, the father is obliged to pay alimony, as in the case of. However, only when paternity is established.
During pregnancy or immediately after the birth of a child, parents must indicate:
- data of each spouse;
- fact of recognition of paternity;
- wishes for the baby;
- indicate your place of residence and secure it with signatures.
After consideration of this petition, the mother will be given a document in which the baby’s father will be indicated. This is perhaps the easiest way to establish paternity.
If at the time of discharge the father was absent due to various circumstances, the child is automatically assigned.
If, at the same time, an earlier agreement was drawn up between the spouses that the man recognizes paternity, but it was not included in the document column, then the child can subsequently count on alimony payments and even claim an inheritance.
In order to count on payment of alimony, a woman must ensure that the certificate is amended and information about the father is entered. A parent does not always voluntarily recognize his child and agree to the procedure for establishing paternity.
In such cases, the court requires evidence that the parties lived together or refute these facts. They may interview neighbors and relatives, and require correspondence, photographs and other documents.
Paternity Establishment Procedure
A parent can go through the procedure in several ways: voluntarily or through judicial enforcement. If the child’s mother demands through the court a paternity test and genetic examination, then the father must be present. Otherwise, paternity cannot be established.
If a man avoids the examination in every possible way or tries to prevent it from being carried out, then the court is able to independently make a decision on paternity and not organize an examination.
The mother can file a claim at her own discretion - both at her place of residence and at the place of residence of the father. As a rule, an examination is appointed after the first court hearing, when the court needs additional evidence in its decision.
The examination is carried out using blood tests in a special institution. Its cost is within 15,000 rubles. If the result is positive, all costs of the examination can then be borne by the defendant.
In addition to the examination, paternity can be proven through other data. It could be:
- personal correspondence between mother and father;
- photographs, videos;
- telephone conversations;
- Money transfers;
- receipts and checks;
- documentation on receipt of transfers and parcels;
- certificates of family composition;
- questionnaires, medical cards, etc.
All this must be provided to confirm the fact that there was a relationship between a man and a woman before the conception of the child, as well as to invite witnesses who can confirm the personal relationship between the parties.
Amount of alimony payments
will be collected only from the moment he is recognized as the child’s blood father. No funds will be charged for the remaining period from the date of birth.
At the same time, having a dad on paper does not always have a positive effect on the life of the child himself. If before this he did not deal with issues of upbringing and did not participate in any way in the life of the child, then even after legal registration he will not do this.
At the same time, the mother may have some difficulties - she will need to constantly contact her ex-husband to get it, moving to other cities, moving a child, making changes to her surname, etc.
If the father has property, then the child also has the right to claim it, if in the will the entire inheritance does not pass to other persons.
How to avoid litigation?
As mentioned earlier, you can avoid litigation if:
- the father recognizes his relationship with the child and gives his voluntary consent to changes in the birth certificate;
- the parents entered into a voluntary agreement to pay child support;
- at the beginning of the trial, both parties decide to enter into an agreement on the maintenance and upbringing of the child.
In this article, we will step by step understand the issue of how to apply for alimony if the parents were not married, what documents and evidence the court needs to make a decision, and also how to correctly draw up a statement of claim.
As in many other matters, the collection of alimony outside of marriage has several interesting features and its pitfalls.
In this material you will learn everything that our lawyers have encountered in similar cases.
Alimony in a civil marriage
In order to find out how alimony is collected in a civil marriage, you first need to decide on whom it needs to be collected. So, according to the legislation of Ukraine, you can collect alimony without a registered marriage for:
- maintenance of a woman and a man who are not married to each other, but have lived in the same family for a long time;
- maintenance of a child born to a couple who are not married to each other and/or who live in a civil marriage.
Now let's look at each situation separately.
Alimony for the maintenance of a woman and a man who are not married to each other
The right to alimony for women and men who are not married is provided for in Article 91 of the Family Code of Ukraine. So, according to him:
- If a woman and a man who are not married to each other lived as one family for a long time, the one of them who became disabled during their cohabitation has the right to maintenance in accordance with Article 76 of the Family Code of Ukraine. Here we have to prove the fact of cohabitation by one family without registering a marriage, which occurs in court.
- A woman and a man who are not married to each other have the right to maintenance if their child lives with her, in accordance with parts two - four of Article 84 and Articles 86 and 88 of the Family Code of Ukraine. Here the connecting link is a joint child, regardless of whether his parents lived as one family or not.
Thus, if the other party is not going to pay alimony for your maintenance, you have the right to go to court to protect your rights and interests.
Child support out of wedlock
In accordance with Art. 141 of the IC of Ukraine: “Mother and father have equal rights and responsibilities regarding the child, regardless of whether they were married to each other.”
Therefore, alimony for a child whose parents were not married to each other is collected and calculated according to the general rules for collecting alimony.
However, sometimes it happens that the column “father of the child” is written down from the words of the mother. How to collect alimony in this case?
According to Part 2 of Art. 125 of the IC of Ukraine: “If the mother and father of the child are not married to each other, the child’s origin from the father is determined:
1) at the request of the mother and father of the child;
3) by court decision.”
As you can see, there are two ways to recognize paternity:
- voluntary - at the request of the mother and father of the child
- forced - by court decision.
Each of which is determined based on the current situation. If you can reach an agreement peacefully, great, but if not, then only through the courts.
In the second case, you will have to tinker a lot in order to start collecting child support, because the first stage is recognizing paternity and making changes to the birth certificate, and the next step is collecting child support.
Such claims, as a rule, are filed separately, although some courts accept them in one proceeding, which allows the collection of alimony to begin much earlier.
Required documents for alimony without marriage
In order to be able to go to court to collect alimony without marriage, you need to collect a certain package of documents, namely:
- passport
- certificate of TIN assignment
- child's birth certificate
- court decision recognizing paternity
- certificate or act confirming cohabitation
- certificate of family composition
- certificate from place of work
- additional certificates, receipts and checks that may affect the determination of the amount of child support
Having prepared all the necessary documents, you proceed to the next stage - drawing up a statement of claim to the court.
You may also be interested in the material:
Application for alimony in a civil marriage
The final stage is filing a claim in court to collect alimony.
Samples of applications to the court:
As for determining the jurisdiction of the court to which it is necessary to file a claim, it is chosen by the plaintiff and can be filed at the registered place of residence or stay of the plaintiff.
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