In this article, we will consider whether it is possible to apply for alimony for himself as a man.
In legal practice, such a problem is often found as the payment of alimony, or rather, a man’s refusal to pay them. But there are situations when a man is seriously and responsible for providing common children and no problems with the payment of alimony arise. More interestingly, he can even express a desire to apply for a regular deduction of alimony on himself. And whether it is possible to do this, and if possible, how - we will talk in this material.
Can a man apply for alimony on himself and how to do it correctly and legally?
It is important to understand what to file for alimony, that is, a man cannot do the court lawsuit to pay for alimony. After all, alimony can be demanded by the parent who lives with the child. And one desire of the father is not enough. But there are some moves that are equated to the application for alimony on themselves. But let's go about everything in order.
- If the guardian of children refuses to accept the help of the second parent, then the latter may open an account with his own hand in the name of children.
- For this, the first parents are permitted. When the children are 18, he will be able to rent his own funds and use them for personal purposes. There are times that children are already disposing of this money and at 16.
- Having opened the account, the father will be able to avoid unnecessary expenses for the court and will not be able to worry that strangers will encroach on his money. He will also be able to transfer money by mail. In any case, you need to save all the forms and checks on the transfer of funds. By the way, the wife can take this money.
Important: if you want to solve all issues without judicial intervention, then in no case do not give the children the funds in your hands personally. There are times when the wife submits alimony after time, despite the fact that payments were going on every month. Therefore, do everything through the bank or, as an option, mail, where cash movements are issued and preserved.
- The father turns to the accounting department of his place of work and indicates a specific amount that he will pay every month to his children.
- While the children are minors, a mother can open an account with a bank and transfer their details to their spouse. After that, the funds will come to the card automatically on a specific day of the month, which spouses will agree on each other.
- If the ex-wife will make any complaints about the non-payment of alimony, then the father of the children can take a certificate in accounting and prove that all the money went strictly every month.
- If the spouse refuses to accept help, then the father can open an account in the name of the child and give them to the accounting department, which will recalculate money every month. That is, you need to combine two options.
Important: the man cannot be applied to alimony on himself if he is arranged unofficially!
- If spouses may agree, then you can conclude an agreement on the voluntary payment of alimony. But the contract must be concluded only in the presence of a notary.He will be able to satisfy each side and confirm everything with his signature.
- The following documents are needed:
- the details of the former wife;
- passport or other document identifying;
- birth certificate of a common child or children;
- divorce document;
- if the spouse is incapable, then a certificate is also needed, which is indicated about this;
- if the father is arranged unofficially, then you should still submit a certificate of their disability.
- Such an agreement can be concluded with a notary who is loved, and its cost it will cost about 2250 rubles. But the price may vary slightly depending on the place and conditions. Also, do not forget that such an agreement should stipulate all parties to this issue. That is, the contract should include:
- How many money will be transferred. In 2018, the Russian Federation approved the new law “On the payment of alimony”. This is article 81 of the Family Code of the Russian Federation. It says the following: "Cash in the amount of the parent is removed from the parent: if one child in the family is 25%, two children - 33%, three children or more - 50%of earnings." But the former spouses can regulate this amount themselves, simply no less than the lower limit of legal payments that the court would establish. By the way, the court may increase or reduce the percentage share depending on the material condition of both sides;
- in what way the funds will be paid. The parties agree on how alimony will be paid. You can transfer money through the bank or by mail;
- dates from and to such a number when it will be necessary to transfer funds. The payer also needs to be indicated in the contract in what period of time the money will be transferred.
Important: such a material agreement will have the same legal force as the court decision!
In some cases, there is a mandatory procedure for confirming paternity.
- Usually, mothers are engaged in this. But there are cases when a spouse wants to maintain the status of a mother, who alone raises children in order to receive help for this privilege. The spouse can independently file a lawsuit, but permission to conduct an examination of DNA still remains with the mother.
As you can see, there are options when a man can voluntarily pay the necessary monthly amount to his children without going to court. Even if the spouse does not want to accept help from her ex -husband, money can be transferred to the child’s account, which he is disposed of after 18 years. The main thing - do not forget that everything should have official confirmation.
Video: How can a man correctly and legitimately arrange alimony on himself?
