Women often file for alimony. Thus, they try to protect not only their rights, but also the rights of their child. However, few people know that a man also has the right to file a claim for the payment of alimony.
A man can file for alimony, regardless of being married, if he is raising a child on his own. If a child is a disabled person who requires expensive treatment, according to the Family Code of the Russian Federation (Article 86), his father has the right to go to court to recover additional funds. The amount and procedure for payments is determined by the court decision, taking into account the provisions of the parties (material and family). The amount of monthly payments is calculated in accordance with the Family Code of the Russian Federation (article 81): monthly payments in a proportion for one child - 25%, 33% - for two (16.5% for each) and 50% for three or more. The amount of alimony can be reviewed by the court and changed both in a smaller and in a larger direction, taking into account the financial situation or other circumstances.
If a man is temporarily or permanently disabled, he is also entitled to child support. People who have reached retirement age (men - 60 years old and women - 55 years old), as well as people who have or have received one of the three groups of disabilities are recognized as disabled. Moreover, the moment of the onset of disability does not matter. The fundamental condition for the court to make a positive decision on the recovery of alimony in favor of the plaintiff is material opportunity. The calculation of payments is established by the Family Code of the Russian Federation, all types of earnings and other confirmed income of the defendant are taken into account. At the same time, even a disabled spouse may be involved in the payment of alimony, if he has an income that exceeds the subsistence level.
The court has the right to release the defendant from collecting alimony from him in favor of a disabled spouse in marriage or after its dissolution, if the spouse's incapacity for work has occurred as a result of alcohol and drug abuse, as well as if the plaintiff has committed any deliberate crime. Another criterion may be the short duration of the marriage or the asocial behavior of the plaintiff in the family. Subject to the recognition of the marriage as invalid, the former spouses are not entitled to collect alimony.
The ways of collecting alimony are divided into a voluntary agreement and collected by way of a court decision. An agreement not registered with the notary chamber does not bear any obligations. A disabled man also has the opportunity to file for the recovery of alimony from a child who has reached the age of majority.
In order to file for alimony, a man must go to court with a statement of claim. The following documents or copies of them are attached to this application: passport, certificate of marriage and its dissolution, birth certificate of the child, receipt of payment of the state fee. If the child is disabled, appropriate health certificates must be attached to the statement of claim.
