Surely no man who does not know that in a divorce, if the child remains with his ex-wife, he would be obliged to pay him alimony until adulthood.But the fact that in some cases he will have to pay child support for the maintenance of his wife, he knows not everyone.
So, in any case, a man is obliged to pay maintenance for the wife?
Firstly, if at the time of divorce, the woman is on maternity leave and leave to care for a child up to 3 years.It is no secret that women are paid maternity benefits for your child only one and a half years.At the same time the opportunity to give the baby to kindergarten at the expiration of this period, there is not for everyone.Therefore, upon divorce the former spouse may apply for the appointment of maintenance for its content and the content of the child.If you wish, she and her husband may enter into a voluntary agreement, which will govern the size of payments.
Otherwise, will determine the amount of child support the court.The court takes into account many factors - the marital status of former spouses, additional sources of income, age, health, and others. The main thing - paying child support for the maintenance of his wife, a man should not he be in need.In other words, the court may appoint a payment only if the permit revenues ex-husband.The calculation is usually conducted in the region of the established living wage.
It should be noted that nothing found calculations are relevant only for official marriage, a prisoner in the public registry office.In the case of religious, civil or any other kind of marriage is not recognized by the state will be impossible to collect alimony.
Second, if the spouse during the marriage or within a year after his termination was unable to work (for example, received a non-working group of disability) and was recognized in need.
True, under certain circumstances, the court may refuse to pay child support.For example, if the disability was caused by abuse of alcohol or narcotics, or was obtained by committing a deliberate crime.Also, my husband is not obliged to pay alimony to his wife in the event of misconduct last, or in the case of short-term marriage.
If the marriage in court was invalid, the wife also can not claim alimony for its content.True if it was recognized as a bona fide spouse, and the conclusion of an invalid marriage violated her rights - the court may appoint and to meet payments.
Third, the court may order maintenance for the wife (including former) in the event that she is caring for a disabled or minors rebёnkom- common child, which is assigned to the first group of disabled since birth.This should be recognized as a spouse in need.
Needy can recognize a person who does not work does not have a steady income, not receiving a pension and other income or with, but the resulting income does not provide a living wage.
In addition, the court may order maintenance for the wife has reached the retirement age at which her husband for a long time resided legally married, and then divorced.This needy former spouse must apply no later than 5 years after the divorce.
In some cases it is possible to recover maintenance for the wife if she has been recognized as in need of assistance and thus her income exceeds the minimum living wage - for example in the case of prolonged illness requiring expensive treatment.
These provisions apply both to spouses who are married, and for spouses after divorce, have lived together for a long time.
