The father of a child has obligations not only to his heir, but also to his mother. In what cases can a woman receive financial support from the father of the child — in the material aif.ru.
Can the mother of the child receive alimony?
According lawyer Valentina Zhog,The mother of a child up to three years old, and even a pregnant woman, can also receive payments for their maintenance from the father of the child, but only under certain conditions. First, the mother and father of the child must be in a registered marriage. Maintenance money can be collected during marriage and after divorce. If the parents simply cohabited, the woman has no right to alimony. Secondly, if child support can be collected without any reason, then the mother can only claim alimony if she proves that she really needs them, — said the lawyer. To understand whether the mother needs maintenance, the court takes into account the sources of her income, the amount of earnings, the ratio of income and expenses, the expert clarified.
How much can the child's mother claim?
When alimony is levied for the maintenance of a child, the law provides for two options for payments, depending on the situation — in proportion to the income of the father of the child or in a specific amount, if the income is unstable, the expert told aif.ru. ""When it comes to mother, the court will determine the amount of alimony exclusively in a fixed amount, based on the regional subsistence level. Based on Art. 117 of the Family Code (IC RF), the amount of alimony can be indexed by the court in the event of a change in the subsistence level. For example, in one of the cases, the court immediately indicated in the decision that they are automatically subject to subsequent indexation, taking into account the increase in the subsistence minimum, — commented the lawyer.
When payment of alimony to the mother stops?
The list of situations when the father may no longer pay child support to the child's mother before the child is three years old is enshrined in Art. 120 RF IC. As Joga explained to aif.ru, there are three such grounds:
– the mother's financial situation has changed (for example, she registered as self-employed and is engaged in a highly paid activity);
– the child's mother has entered in marriage with another man — with a stamp in the passport, the new husband took upon himself the obligation to support his wife, regardless of who she has a child with;
– the payer of alimony — the father of the child or child support recipient — the child's mother died.
“In addition, alimony to the mother until the child reaches the age of three years can not be paid if the man proves that he is not the father of the child. To do this, you need to get the conclusion of a genetic examination and go to court, — added the expert.
Will it be necessary to return alimony if the man proves that he is not the father of the child?
In accordance with Art. 116 of the RF IC, alimony does not need to be returned, Zhoga explained. "However, in accordance with Part 2 of Art. 116 of the RF IC if a man proves that the mother of the child deliberately deceived him in order to enrich himself, everything received will need to be returned. Such cases include forgery of paternity documents, the conclusion of an agreement on the payment of alimony under pressure or threats, the forgery of a court decision or an agreement on alimony, — concluded the expert.
Sources: https://journal.tinkoff.ru/dolgi-roditelya/, http://www.consultant.ru
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