Inna R. was in a difficult situation - the husband refuses to contain her and the child, but the woman does not want to divorce him. After all, the hope of keeping the family and restore the relationship, who gave the crack, it still remains. What to do in such a situation? In the event of a marriage termination, if there are children in the family, one of the spouses, as you know, pays the alimony to another spouse with whom the child remained. But if marriage is not terminated, then, according to Russian legislation, the alimony should not pay the spouse.
The Family Code of the Russian Federation considers the Family Union of two adult citizens as a legally significant circumstance that establishes the fact of equality of rights and obligations, the availability of a common budget and joint spending. Accordingly, no payment of alimony in this case does not matter. After all, if the budget is common, then who will pay alimony - to itself?
At the same time, in the Family Code of the Russian Federation there is Article 89 "Responsibilities of spouses on mutual content", in which they are prescribed, firstly, the obligation to maintain each other, and secondly, the possible foundations of filing a claim for the appointment of alimony in court in the case of refusal from such support.
In paragraph 2 of Art. 89 SC of the Russian Federation emphasizes that the right to the provision of alimony has: disabled needy spouse, a wife during pregnancy and for three years since the birth of a common child, who needs a spouse, caring for a common child-disabled child before reaching the last 18-year-old age, or for A common child-disabled person from childhood 1 group.
Accordingly, if a woman falls into one of the listed categories, it has the right to submit to court to appoint alimony. As a rule, this circumstance arises in women during pregnancy or during the first three years of child's life.
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But there is another possibility of recovering alimony. It is provided if the responsibility of one of the spouses to make alimony payments in marriage was spelled out in a marriage contract certified by a notary.
It is also worth noting that in Article 92 of the SC of the Russian Federation provides cases when the court may free the spouse from the obligation to maintain another disabled needle of the spouse. These cases include: the emergence of disability in the event of alcohol abuse, drugs, or due to a deliberate crime, unworthy behavior in the family, short-term behavior in marriage.
Thus, if you have grounds for the appointment of alimony in marriage, it is necessary to apply with the statement of claim for the recovery of alimony to court. The court decides, after which the bailiffs are recovered.
Otherwise, if you do not have a reason for appointing alimony, only two outputs remain - either to come to terms with an existing situation and abandon your requirements, or apply for a divorce, divorce, leave your children and already on this basis to demand from the former payout spouse Alimony.