Biographies Characteristics Analysis

The former had a son. Ex-husband has a new family

The birth of a child in the family of an ex-husband can cause severe stress in a woman's life. Psychologists are sure that the intensity of such an experience is based on the emotional dependence, hatred and envy that she experiences in relation to the past partner, as well as the inability of such a person to switch to building a new love relationship with another person.

In the article we will discuss the reasons for this behavior, as well as consider psychological methods for solving this problem.

Children of the ex-husband: why does a woman worry about them?

From practice, most psychologists know that the birth of a child in the family of a past partner is a “trigger” for the onset of depression in most women. This happens for the following reasons:

  1. You cannot forget the former chosen one, and the birth of a child with him means that you will have to part with "sweet" illusions about his sudden return to you.
  2. Envy that the rival managed to “divorce” the man for the birth of a child, which you failed to do.
  3. If you had children from a previous marriage, then the birth of a child in a new husband's family can provoke jealousy, since a man will have to distribute his attention between them, and not always in favor of your children.
  4. If you cannot have children for physiological reasons, then the birth of a baby in the family of your ex-husband will be a bitter reminder of your own inferiority.
  5. The nostalgia triggered by this event can stir up in you memories of how you and your ex-husband nursed your first child together, what difficulties you faced as young parents. You start rummaging through the past, remembering forgotten emotions and feelings, and this eventually leads to melancholy and sadness.

From the above, we can conclude that the basis of stress about the birth of a child in the family of a past partner is not so much the fact of the birth of a baby, but your inability to abstract from past relationships. Let's try to figure out what prevents a woman from "closing her eyes" to the life of a man who has left her and finally becoming a happy person.

At the heart of the stress about the birth of a child in the family of a past partner is the inability to abstract from past relationships.

“I can’t forget him”: why the ex-husband does not leave your memory

Psychologists have identified 5 reasons why a woman cannot get rid of memories of past relationships and restore her own peace of mind. They belong to:

  1. Exaggeration of the tragic consequences of parting, which greatly enhances the negative emotional state of the individual. Especially often, this manifests itself in the form of obsessive thoughts, expressed in the form of a certainty that we are never destined to meet a good person in our lives again. Psychologists claim that negativism paralyzes the consciousness of an individual, making him vulnerable to depressive disorders and lowering a person's current self-esteem.
  2. Practicing mental "masochism". Studies have shown that most women who survive a breakup blame themselves for what happened. However, the correctness of such judgments is not confirmed by anything. Both partners can be guilty, and one of them, and no one at all. People break up, this is not surprising. But it is fruitless to fantasize about how bad you are - it is harmful to the psyche.
  3. The inability to admit that it's over. Some women are unwilling to admit to the last that their relationship with a partner has come to an end. Sometimes such an imaginary confidence that "the chosen one will return, you just have to wait" can last for many years, poisoning the life of the individual and closing it from new relationships.
  4. Loss of identity. If a woman was in a long relationship with a partner, then after separation, she may lose part of herself. This is expressed in such an existential question as "Who am I without my chosen one?". This is fraught with self-doubt, smoothly flowing into apathy for life and suicidal thoughts.
  5. Lack of willingness to admit their own mistakes. This point is the exact opposite of mental masochism. Such women blame only their partner for everything and in their anger focus on his personality so much that they can no longer think about anything else. They blame their ex-husband for their bad mood, problems at work and personal life, but they themselves are always right and pure, like angels. However, this does not make them happier or more resistant to psychological disorders.

Studies have shown that most women who survive a breakup blame themselves for what happened.

So, we discussed the reasons why the birth of a child in the family of an ex-husband causes pain to a woman, as well as why she cannot forget her past partner. Now it's time to figure out how to solve this problem.

Learning to respond more calmly to an ex-husband: psychological recommendations

Imagine a situation: a woman broke up with her husband a long time ago, but cannot build a relationship with a new man, while she regularly recalls the past, experiencing negative feelings and heartache, and then cries into the pillow, feeling sorry for herself and hating the whole world. Recently, she learned that a child was born to her ex-partner, this caused a storm of emotions and severe depression in her. She was unable to go to work and considered committing suicide. What can psychologists advise in this situation?

Analyze the problem

The first step is to carefully analyze the problem that has arisen. To do this, use the "Two Letters" method. Take two sheets of blank paper, on one of them write a story of your love for your partner, where you list all the joyful and negative moments that you encountered during the relationship. At the end, in large letters, indicate "It's all in the past." Then tear the paper to shreds or burn it. On the second sheet, write about the relief you experienced while writing the first letter. Save it and reread it when you re-experience regrets about the past.

Learn to let go of negativity

If you wake up in the morning with a head full of gloomy thoughts about your ex-husband, then take a cold bath. Let the water wash away negative feelings from you. Then make yourself a cup of herbal tea with mint or lemon balm and drink it slowly, trying to focus on the positive. Enjoy the sun outside the window, listen to your favorite music, treat yourself to delicious cookies. Such simple actions will effectively eliminate depressive thoughts and inspire self-confidence in you.

Eliminate all reminders of your ex-husband

This advice applies to both things that remind you of a past partner and people who regularly talk about his life. Believe me, such "friends" do not wish you well at all, they just want to charge you with negative energy. Therefore, without regrets, cut off all ties with them so that they do not continue to poison your life with colorful stories about the life of an ex-husband with a new wife, about the birth of a child with him or his purchase of a new car.

Meet new people

Psychologists are sure that meeting new people is an effective remedy for stress caused by the birth of a child in the family of a former partner. Interesting personalities who will meet in your life will reliably dispel the blues and pessimism that has haunted you since the breakup. In addition, among them you can find yourself a new chosen one who will forever eradicate your desire to delve into the life of your ex-husband.

Find new friends

Meeting new people is an effective stress reliever

In conclusion, I would like to say that it is relatively easy to survive the birth of a child with a former lover, especially if you really want it. Do not let gloomy thoughts take over you, fight with your own memory, a little time will pass, and you will again become a happy person, free from the past and focused on a brighter future.

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Ex-husband has a baby

The ex-husband filed a lawsuit to reduce alimony, as he had a child in his second marriage. I took the decision, and stopped the maintenance obligations. Will there be a trial? Do I have to be present in court?

The court will take place in any case, if he really had a second child, the court will reduce the amount of alimony to 33% for both children. Your joint child will have 16.5% of his earnings. You cannot end alimony relationship. The withdrawal of an order or decision from the bailiffs does not affect his obligation to support the child in any way. Waiver of alimony is not legally binding. You may not be present at the trial, your position in this issue will be insignificant.

Good afternoon! You cannot terminate maintenance obligations if you have no reason to do so! . 1. Alimony obligations established by an agreement on the payment of alimony shall be terminated by the death of one of the parties, the expiration of this agreement, or on the grounds provided for by this agreement. 2. The payment of alimony, exacted in court, shall be terminated: when the child reaches the age of majority or in the event that minor children acquire full legal capacity before they reach the age of majority; upon adoption (adoption) of a child for whose maintenance alimony was collected; when the court recognizes the restoration of working capacity or the termination of the need for assistance of the alimony recipient; upon entry of a disabled former spouse in need of assistance - the recipient of alimony into a new marriage; the death of a person receiving alimony, or a person obliged to pay alimony. The trial will take place anyway. You may not be present at the trial, but for complete peace of mind, after the summons arrives, call the court and warn that you will not be able to attend the trial.

I am married. My ex-husband has a child from his first marriage, we also had a son in marriage. I also have my own child, I am a single mother, there are dashes in the birth certificate. From 2013 to September 2018, my husband paid his wife 13 tr monthly to the card for the maintenance of the child (voluntarily).
In her hands she had a court order from 2013, which she received during the divorce, until October she did not submit it anywhere, and in October she sent it to the employer. In October, my husband received a decision to cancel this order, as he did not even know about its existence.
AT this moment she filed a claim for alimony in the court in the amount of 1/4 of all income.
Can you tell me how much alimony will be awarded to her? Can she collect alimony for the last 3 years, if she had not previously taken action to collect them and he did not evade payments.
Will the court take into account the fact that the husband has another child (our common one), and that my child is also dependent on us, since she does not have a father. And is it possible to ask the court for the appointment of alimony in a fixed amount of money, since we still have a mortgage.

In this case, it is best for you to eliminate all doubts, you also need to file a claim for the recovery of alimony, and they will be recovered for two children 1/3, that is, for one 1/6

My husband pays alimony to his ex-wife in a fixed amount. We have a child. Can he apply for a review given that he had another child and needs to be supported too?

You can enter into a Notarized Support Agreement with your husband, and he can apply for a reduction in the amount of support. Look at Article 80 of the RF IC Parents have the right to conclude an agreement on the maintenance of their minor children (an agreement on the payment of alimony) in accordance with Chapter 16 of this Code.

Yes, it is possible to reduce a fixed amount of money with the circumstances you specified only under certain conditions that you specify in the claim.

The courts refuse to reduce the amount of alimony from the TDS by a share, t.to. the level of security of the child is significantly reduced. For example: alimony in TDS is 10,000.00 rubles, and in shares it will be 2,000.00 rubles. Level reduction by 5 times. No judge will go down. The court has the right, not the obligation, to change the amount of alimony. The birth of a child is not grounds for changing the amount of alimony. Read the judicial practice under Article 119 of the RF IC and exclude those facts on which the court refused the plaintiffs.

The ex-husband had a second child, how much will my child receive alimony now? Also 25%? If they file for alimony for their second child (they have already filed for their first child)

Hello! You will receive 16.5%.

Hello. Your ex-spouse has the right to file a lawsuit to reduce the amount of alimony collected (Article 119 of the RF IC). If alimony was collected for the maintenance of your child in the amount of 1/4 of all the spouse's income, then now he has the right to reduce them to 1/6.

Good afternoon! If they apply for recalculation, they can reduce up to 15%, i.e. for two children only 30%. But both they and you can go to court and ask for a fixed amount of alimony. And in any case, they have the right to reduce the amount of alimony for the first child in connection with the birth of the second.

Hello Alexandra! But you do not recognize the claims if they reduce the amount of alimony, insist that they deliberately worsen the financial situation of your child, since they live in a joint marriage and there is no need to collect alimony for their children. The birth of a second child is just confirmation of this!

My husband and I are expecting a baby soon. He pays BZ 1/4 of all income per child from his first marriage. Can he apply for a reduction in child support without me having to file for child support for my husband?

A spouse can apply to the court to reduce the amount of alimony.

Of course it can. This right is provided for by Article 119 of the Family Code of the Russian Federation. However, I want to convey to you that the mere fact of birth is often not enough. The birth of a child is not a prerequisite for changing the previous amount of alimony. These requirements involve an assessment of both the financial situation of your entire family and the family of his ex-wife and child. Please take these factors into consideration when preparing your claim.

Question-my ex-husband filed for a reduction in the amount of alimony from 1/4 to 1/6. he had 3 children. I am also currently on maternity leave. Q: Does my real husband's income count in the income calculation? After all, he is not obliged to support my son from his first marriage (in turn, he pays alimony for his 2 children)

Hello. Let everything be taken into account taking into account the financial and marital status of the parties and other circumstances worthy of attention.

Good afternoon Evgeniya. indicates: If, in the absence of an agreement on the payment of alimony, after the amount of alimony has been established by a court, the financial or family situation of one of the parties has changed, the court has the right, at the request of either party, to change the established amount of alimony or to release the person obliged to pay alimony from paying them. When changing the amount of alimony or when exempting from paying them, the court may also take into account other noteworthy interests of the parties. The Supreme Court in the plenum of the Armed Forces of the Russian Federation dated December 26, 2017, in paragraph 55, says a change in the material or marital status of the parties may be recognized by the court as significant and be the basis for satisfying the demand for a change or termination of the agreement on the payment of alimony, if the material or marital status of the parties has changed so much so that if such a provision existed at the time of the conclusion of the agreement, it would not have been concluded due to the violation of the interests of either party to the agreement, or the parties entered into it on significantly different terms. The position of the Supreme Court in a review of judicial practice from 2015 indicates: When the court resolved the requirements for changing the amount of alimony or for exemption from paying alimony, the courts generally correctly applied the provisions of paragraph 1 of Article 119 of the IC of the Russian Federation, taking into account the explanations contained in paragraph 14 of the resolution of the Plenum Supreme Court Russian Federation dated October 25, 1996 N 9, according to which, when determining the amount of alimony collected from a parent for minor children (Item 2 of Article 81 of the RF IC), changing the amount of alimony or exempting from their payment (Item 1 of Article 119 of the RF IC), the court takes into attention to the financial and marital status of the parties, as well as other circumstances or interests of the parties deserving attention (for example, the incapacity for work of family members to whom the party is obliged by law to provide maintenance, the onset of disability or the presence of a disease that prevents the continuation of the previous work, the child's admission to work or entrepreneurship activities). Hence the conclusion is the answer to your question: your husband's income is taken into account indisputably.

The court has the right to change the amount of alimony, but not the obligation. Judicial practice under Article 119 of the RF IC, fortunately, is on the side of the recipient of alimony, because courts often deny plaintiffs their demands for a change in the amount of alimony. According to paragraph 57 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56 “On the application of legislation by the courts when considering cases related to the recovery of alimony”, when resolving the claim of a parent paying alimony for a minor child, to reduce the amount of alimony, one should have in mind that a change in the financial or marital status of this parent is not an unconditional basis for satisfying his claim. You look at court decisions, tk. you will have to file your objections to the claim and you will be helped by the conclusions of the courts that refused the plaintiffs.

My husband has an ex-wife and a child, she gave birth to a second child already from another without signing with him, there are suspicions that her second child is registered with my husband, because her last name is exactly his and there is no certainty that she has a divorce stamp , how can I find out if this is so, and what can threaten if the child is still registered with my husband?

If more than 400 days have passed since the divorce, then she does not have the right to register the child with your husband.

Good day, Natalia. If the spouses are divorced and there is a certificate of divorce, then a stamp in the passport is automatically placed on both former spouses when the certificate is issued. If the child is registered to your husband, then alimony may be collected on him. In this case, in a court session, your husband may declare that the child was conceived and born after the dissolution of the marriage and he cannot be his father.

Try to clarify through the registry office. If it turns out that the child is registered to your husband, he (the husband) can challenge paternity in court. The court will conduct a genetic examination, after which the court will exclude the record of paternity (with the appropriate expert opinion). The indication as a father gives the right to claim alimony, as well as inheritance rights.

I have a question. A husband pays child support to his ex-wife. Our daughter was born in 2015, I immediately applied for alimony to make it in half. But unfortunately, the husband only now agreed to go to court to file a lawsuit to reduce the amount of alimony. Please tell me the child support reduction will come from 2015 or 2018.

Hello! As you call the reduction, it will be from the moment when the court in its decision indicates this, in the operative part of its decision, you need to prescribe a time period in your statement of claim, where it will be clear from what moment the calculations will be made and in what amount.

The court has the right to change the amount of alimony, but not the obligation. Basically they refuse. The birth of a second child is not grounds for changing child support. He should ask to reduce from 1/4 to 1/6, because on your joint child, the court d.b. assign 1/6.

Does the ex-husband have a child, does it reduce the alimony for the first one or not.?

Hello, dear Yulia Nikolaevna! This will depend on the following conditions: in the amount of 1/4 of earnings and (or) other income. 2 If the mother of his newborn child will also collect child support from his father. 3 If his earnings are not less than 20,000 rubles. Then he has the right to apply to the justice of the peace with a claim on the basis of articles 81, 119 of the UK to reduce the amount of alimony collected from him by the court for the first child. Article 119. Changing the amount of alimony established by the court and exemption from paying alimony to release the person obliged to pay alimony from their payment. When changing the amount of alimony or when exempting from paying them, the court may also take into account other noteworthy interests of the parties. Good luck to you.

Change in the amount of alimony under Article 119 of the RF IC on the basis of the claim of the alimony. However, his woman must collect alimony for the child, for herself, if registered with the registry office. The child will be awarded, if it works officially, 1/6, and you will continue to receive 1/4. If it doesn’t work, then they will appoint a fixed amount of money, article 83 of the RF IC, and you will still receive 1/4. The court is unlikely to satisfy the man's claim, tk. it is a right, not a duty, of the court. If a man is not currently working officially, then he is obliged to pay you based on the average salary in Russia (45846.00 rubles), the bailiff will also calculate the debt from this salary. For study and application to you - "Methodological recommendations on the procedure for fulfilling the requirements of executive documents for the recovery of alimony" (approved by the Federal Bailiff Service of Russia on June 19, 2012 No. 01-16).

If my ex-husband and the father of my child have a criminal article 157, then I want to deprive him of parental rights. Will it affect my daughter in the future?

If there is a criminal article, then it will be. Perhaps she will not be accepted for public service and other positions. If you take away parental rights, then there will be no problems.

I have two children, what will be the amount of alimony if my ex-husband has a child in a new family?

Good day! According to Art. 81 of the Family Code p.1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. That is, your two children account for 33% of the payment from your ex-husband.

Good afternoon, immediately after the birth of the child in terms of alimony, nothing will change for you. To change, the new wife must first recover child support from her husband. And then the father of the children must apply to the court to change the amount of child support for your children. After the decision of the court, the amount of alimony will not change. In total, 50% for three should be charged from him. Now you have 33% for two: 2= 16.5% for one child. 50% :3= 16.6.% per child.

If you have already collected alimony, then the court will assign 1/6 to the child born in the second marriage, and you will still receive your 1/3. It makes no sense to change something for the alimony, because For 3 children, it's still 1/2.

Bought a house under the mat. share capital in two children and with my ex-husband. The third child was born and the administration says that the land is not allowed, since there is property and land for 1.8 each except for the third child. Is it possible to get land for a third person in this case?

Hello dear visitor, the refusal is legal, because if the family has a plot, another plot of land. Not required by law. Good luck and all the best, with respect lawyer Ligostaeva A.V.

The ex-husband married a woman with a child and they had a joint child, he filed for alimony. Called to court. can i keep 25 percent for my son. He does not communicate with the child.

Hello, insist on this, indicate in court that the husband actually lives with the second family and supports them. For a complete answer, you need to know your situation, contact a lawyer.

My husband pays 25% alimony to his ex-wife. We have a child. I want to file for child support. I am interested in the question: can the ex-wife sue my husband in the future, because. Does she have to pay less child support?

Good afternoon. No, on this basis she will not be able to sue! It is quite possible to reduce child support for the first child, but you need to follow a certain procedure. At the first stage, you need to collect alimony from your husband. You must file a claim for the recovery of alimony in the Magistrate's Court at the place of your residence or at the place of residence of your husband - the choice is yours. It is enough to attach a copy of the marriage and birth certificates to the statement of claim. State. There is no fee for such cases. And in some cases, you can set alimony for yourself! Spousal maintenance is always set in a fixed amount of money, usually the subsistence level in the region. With regard to child support, you need to ask to establish them in the amount of 1/6 of the father's total income, taking into account the first child. However, if the child's father does not work or receives part of the salary "in an envelope", then this is the basis for establishing alimony in a fixed amount of money in the amount of the subsistence minimum for a child in the region. After collecting child support in your favor, your husband can go to court to reduce child support for the first child. No need to think that it is enough to download some template from the Internet and a good judge will immediately reduce alimony. No, it won't. The claim must be properly substantiated, and if you make a mistake in something, they will refuse and it will be impossible to correct it. The main thing is to correctly draw up and substantiate such a statement of claim, which will be difficult for you to do on your own, without the help of a lawyer. Contact a lawyer on our website in person, he will help you draw up such a statement of claim and give all the necessary explanations.

The following are entitled to alimony in accordance with Article 90 of the RF IC: ex-wife during pregnancy and within three years from the date of birth of a common child; a needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen years or for a common child disabled from childhood of group I; a disabled needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of the dissolution of the marriage; a needy ex-spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time. For two children, 1/3 of alimony is paid, but you will need to file a lawsuit to reduce the amount of alimony. (Article 81, 119 RF IC)

How much should an ex-husband pay child support if he had a second child? Works unofficially, salary unknown.

A fixed sum of money - a living wage. 25% of salary, is entitled to file a claim. The court will decide whether to reduce to 16.5%, since he has two children ..

The ex-husband sued to reduce alimony by 2 times, because. he had a second child. The question is that my ex-husband and I live in different cities, there are 1000 km between us and he filed a lawsuit in his city. The assistant judge called me and informed me about the scheduled meeting, which, of course, I would not be able to attend. I was offered either to consider the case without me, or to transfer it to the jurisdiction of my place of residence. I don't quite understand this transfer procedure. Could you explain what I'm being offered. And what is better in this situation. If the case is considered without me, then how can I protect the rights of my child?

Good afternoon. Article 27 of the Convention on the Rights of the Child establishes that States parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. The parent(s) or other persons raising the child have the primary responsibility to ensure, within their abilities and financial means, the living conditions necessary for the development of the child. By virtue of Article 80 of the Family Code of the Russian Federation, parents are obliged to support their minor children. This obligation is unconditional and is not associated by the legislator with the presence or absence of a citizen's constant and sufficient income. I want to note right away that if the father of the child has filed a lawsuit to reduce child support, then it is not at all necessary that they will be reduced! Of course, in order to give you a complete and accurate answer, you need to know what he writes in his lawsuit. But in any case, you need to write your objection to his claim, to protect your rights. Practice shows that if you object legally correctly, alimony will not be reduced to him. The main thing is to correctly draw up and substantiate such an objection to the statement of claim, which will be difficult for you to do on your own, without the help of a lawyer. Contact a lawyer personally, he will help to draw up such an objection to the statement of claim and give all the necessary explanations.

If the ex-husband now pays elements to his real wife for one child 25%, we have a child, I want to apply for elements, will his wife be invited to court? because I will sue her and reduce the size of the elements or can this be done without her?

Good afternoon. It is quite possible to reduce child support for the first child, but you need to follow a certain procedure. At the first stage, you need to collect alimony from your husband. You must file a claim for the recovery of alimony in the Magistrate's Court at the place of your residence or at the place of residence of your husband - the choice is yours. It is enough to attach a copy of the marriage and birth certificates to the statement of claim. State. There is no fee for such cases. And in some cases, you can set alimony for yourself! Spousal maintenance is always set in a fixed amount of money, usually the subsistence level in the region. With regard to child support, as a general rule, child support for one child is set at 1/4 of the father's total income. However, if the child's father does not work or receives part of the salary "in an envelope", then this is the basis for establishing alimony in a fixed amount of money in the amount of the subsistence minimum for a child in the region. After collecting child support in your favor, your husband can go to court to reduce child support for the first child. No need to think that it is enough to download some template from the Internet and a good judge will immediately reduce alimony. No, it won't. The claim must be properly substantiated, and if you make a mistake in something, they will refuse and it will be impossible to correct it. The main thing is to correctly draw up and substantiate such a statement of claim, which will be difficult for you to do on your own, without the help of a lawyer. Contact a lawyer on our website in person, he will help you draw up such a statement of claim and give all the necessary explanations.

Good afternoon, Catherine! If you file a lawsuit in court, then the ex-wife will not take part in your case. After a court decision on the recovery of alimony, your husband has the right to apply to his ex-wife with a claim for a change in the amount of alimony. The lawyers who work on this site can help you competently draw up a claim. Their contact details are listed after the answers to the question.

I have such a situation I lived with my ex-husband got pregnant gave birth we parted the child first lived with me while the child was with me the former forced me to write a refusal of the child as he croaked appeared in the life of the situation I signed the refusal of the child at the notary a year ago now everything is fine but in court he didn’t ask for deprivation of rights and for elements whether I can somehow return the child.

Hello! Of course you can. Legally, such a refusal does not deprive you of parental rights. You need to file a claim with the court and determine the place of residence of the child with you. The main thing is to correctly compose, motivate and substantiate such a statement of claim.

My ex-husband had a child in his second marriage. He pays our child alimony of 25 percent, but the second wife filed for alimony and she was awarded 1/6 of her earnings. Now my husband has filed for a reduction of up to 1/6 of my child support in order to equalize. Allegedly, for two children no more than 33 percent. What are his chances of reducing my alimony to 1/6? How does the court usually proceed? Or maybe there are already similar decisions of the Supreme Court? Thanks in advance for your replies.

Good afternoon. This is not a rare situation and of course there is judicial practice. Article 27 of the Convention on the Rights of the Child establishes that States parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. The parent(s) or other persons raising the child have the primary responsibility to ensure, within their abilities and financial means, the living conditions necessary for the development of the child. By virtue of Article 80 of the Family Code of the Russian Federation, parents are obliged to support their minor children. This obligation is unconditional and is not associated by the legislator with the presence or absence of a citizen's constant and sufficient income. I want to note right away that if the father of the child has filed a lawsuit to reduce child support, then it is not at all necessary that they will be reduced! Of course, in order to give you a complete and accurate answer, you need to know what he writes in his lawsuit. But in any case, you need to write your objection to his claim, to protect your rights. Practice shows that if you object legally correctly, alimony will not be reduced to him. The main thing is to correctly draw up and substantiate such an objection to the statement of claim, which will be difficult for you to do on your own, without the help of a lawyer. Contact a lawyer on our website personally, he will help to draw up such an objection to the statement of claim and give all the necessary explanations.

It should be assumed that the presence of the defendant's second child, regardless of whether alimony was collected on him or not, may not in all cases serve as a basis for reducing the amount of alimony collected for the first child to 1/6 of the earnings. In some cases, the court may limit itself to a different amount, for example, 1/5 of the salary, or even refuse the claim, taking into account all the circumstances characterizing the family and financial situation of the parties.

Practice goes in such a way that the courts, when considering the claims of fathers in such cases, only on the basis that a second child was born, do not reduce the amount of alimony that was collected in favor of the first child. In order to give you a more specific answer regarding your question, it is really necessary to familiarize yourself with the requirements of your ex-husband and in any case you need to prepare your objections to his requirements. Contact a specialist who will professionally study your issue and give you legal advice and prepare motivated objections to the case.

She gave birth to her third child a year ago. Children have different fathers. For the third child, the ex-husband does not pay child support. Can I sue for hard cash? And what you need to do?

You can apply, but whether the court will satisfy this requirement or not depends on a number of factors - whether there is a permanent job or not, the financial situation of the spouse, the presence of other children, etc., etc.

One person on this site, when asked how to achieve child support, answered literally the following (I quote) No way. As long as he doesn't want to, there won't be a penny. And no one can force him to do it. No bailiffs, no president, no UN. There are a lot of loopholes that the debtor can use to avoid paying. And this applies not only to alimony, but also, for example, notarized loans. The only way to get alimony REALLY is not to get into a "must-should" position, but to negotiate. I don’t know how right he is, but there is reason to think ...

I don’t want to sell the apartment, but my ex-husband is forcing me to do something, he had a child from 2 marriages and he can write a deed of gift for him, but he refuses to write something for our children, he is afraid that I will sell it. I can't do repairs there, or anything! He does not pay for it and does not live. How to force to transfer its share to our children?

Good day to you. Dear Anastasia, in this case you cannot force the owner to transfer his property to someone else. It remains only to negotiate or sell your share yourself. And the money can be collected through the court.

Does he pay child support? If not, collect the debt. Make demands to pay for the maintenance of housing for your share. So, slowly, you can reach an agreement with him on his share in payment of all debts to you.

The ex-husband has a family and a child was born. His wife filed for alimony while married to him. After that, the ex-husband went to court to reduce the alimony for my child and equalize them, so that there would be an equal share of the accrual for two children. I am afraid that later he may also demand child support from my child. Therefore, I want to deprive him of his rights, since he is not interested in a child, and instead of at least paying alimony, he reduces them. It is not known what will happen in the future when my child becomes an adult.

Good afternoon! If your ex-spouse even partially pays alimony, then it will be very difficult to deprive him of parental rights.

Hello! For deprivation of parental rights, the grounds established by law are needed. If there is a debt on alimony, then you can file a lawsuit for deprivation of parental rights.

Yes, you state everything correctly in old age, he can apply for alimony for his child, it’s very difficult to deprive him of his rights, he’s not a drunk, not a drug addict, go to custody, they will help

Merry Christmas! I want to deprive my ex-husband of the clan. rights. We have a child, but he has other children from other marriages. Is it possible to deprive him of the rights only to mine and will it be difficult? Alimony pays 1 ton per month, does not participate in the life of the child.

Hello! Do you have child support debt or not? If there is no debt on alimony, then you cannot deprive parental rights.

Hello. Parental rights can also be terminated for one child. If the child's father pays at least a ruble (and you pay 1,000 rubles each), then it will be very problematic to deprive him of his rights. It is necessary to turn to a real lawyer / lawyer, and develop a legal position and tactics for its implementation. Then there will be chances. All the best to you and good luck with your problems. Happy New Year and Merry Christmas! :245:

If your husband has unrecorded sources of income, then you have the right to file a lawsuit in court to recover alimony from him in a fixed amount of money. As evidence, you can present in court information about the presence of his car. real estate. If he is married, you can also check whether he acquired joint property with his wife in this marriage. This will also be proof of his unrecorded income.

I want to deprive my bm family. rights. We have a child, but he has other children from other marriages. Is it possible to deprive him of the rights only to mine and will it be difficult? Alimony pays 1 ton per month, does not participate in the life of the child.

In Art. 69 of the Family Code of the Russian Federation establishes a list of grounds, the presence of which allows initiating the procedure for deprivation of parental rights, namely, parents (one of them) may be deprived of parental rights if they: ; - refuse without good reason to take their child from a maternity hospital (department) or from another medical organization, educational organization, social service organization or similar organizations; - abuse their parental rights; - maltreat children, including physical or mental violence against them, encroach on their sexual inviolability; - are patients with chronic alcoholism or drug addiction; - have committed an intentional crime against the life or health of their children, another parent of children, a spouse, including a non-parent of children, or against the life or health of another family member. In Art. 70 of the Family Code of the Russian Federation, it is established that the deprivation of parental rights is carried out in court. Cases on deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, the application of the prosecutor, as well as on the applications of bodies or organizations that are responsible for protecting the rights of minor children (guardianship and guardianship authorities, commissions for minors, organizations for orphans and children left without parental care, and others). Cases on deprivation of parental rights are considered with the participation of the prosecutor and the body of guardianship and guardianship.

I am married. Husband pays child support to ex-wife. We have a baby. Can I file for child support for my husband. And do I need to explain something. (why child support)

Hello Oksana, yes you can apply for alimony and you don’t need to explain anything, everything is indicated in the statement of claim when writing it.

Good afternoon. If I understand correctly, you want to recover child support from him in order to reduce child support for the first child? It is quite possible to reduce child support, but you need to follow a certain procedure. At the first stage, you must file a claim for the recovery of alimony to the Magistrate's Court at the place of your residence or at the place of residence of the father of the child - the choice is yours. It is enough to attach a copy of the marriage and birth certificates to the statement of claim. State. There is no fee for such cases. And in some cases, you can set alimony for yourself! Spousal maintenance is always set in a fixed amount of money, usually the subsistence level in the region. With regard to child support, as a general rule, child support for one child is set at 1/4 of the father's total income. However, if the child's father does not work or receives part of the salary "in an envelope", then this is the basis for establishing alimony in a fixed amount of money in the amount of the subsistence minimum for a child in the region. After collecting child support in your favor, your husband can go to court to reduce child support for the first child. No need to think that it is enough to download some template from the Internet and a good judge will immediately reduce alimony. No, it won't. The claim must be properly substantiated, and if you make a mistake in something, they will refuse and it will be impossible to correct it. The main thing is to correctly draw up and substantiate such a statement of claim, which will be difficult for you to do on your own, without the help of a lawyer. Contact a lawyer on our website in person or write to him on his email. mail (usually it is indicated under the answer), he will help to draw up such a statement of claim and give all the necessary explanations, and, if necessary, will provide legal assistance up to the issuance of a court decision. The quality of legal assistance and decency is guaranteed.

Should the husband pay alimony to the first child from the former, if we now have a child and he will take care of himself? If yes, in what size? It doesn't work officially. I study full time.

Hello! Of course, it should be from all types of income or from the calculation of the average monthly salary in the region. The birth of a second child does not deprive him of the responsibility for the maintenance of the first child!

Yes, I must! The obligation to support and raise children is enshrined in the Family Code of the Russian Federation. The percentage of maintenance obligations in this situation is 33% of the total income of the spouse.

Hello! Your husband must pay child support for your first child until they reach the age of majority. The law provides for the possibility of exemption from the payment of alimony, but this is possible by a court decision, where one should apply with a corresponding claim. The fact that your husband does not work is not an obstacle to collecting alimony from him, which is calculated based on the average monthly salary in Russia. The birth of a second child affects the amount of child support payable. To change the amount of alimony payable, you must apply to the court with a corresponding application.

I get 25% child support. The ex-husband got married. If they have a child and the current wife will file for alimony (in order to simply reduce payments to me), do they need to get a divorce? Or can you apply for alimony even if you are married? What percentage will be set for her, 25%? And then 33% for two?! Thank you.

Good evening. You don't have to get divorced to file for alimony. And it is far from a fact that the court will subsequently reduce child support for the first child.

“The ex-husband has a new family, but I still could not find peace in myself, although in fact there were no feelings left, I was probably more worried about how he would treat our child. He left, then did not sleep at night, thinking how he was and what was happening to him, and did I do the right thing? When he created a new family, the neurosis became even greater, I want to call him, tell him what a scoundrel he is, that he abandoned his child, forgot, and the like. - this is what many women who have gone through a divorce who have feelings for their ex-husband think. Although, in fact, maybe a divorce is for the best?

“After a little time, I began to understand that if I quarrel with my ex-spouse, then there will be no happiness either in my family or in his, and the child will suddenly hate me. And then I decided to develop mental balance, calmly respond to the actions of my husband. And you know, it turns out that I even began to feel better, the child communicates with his father - this is the secret of happiness, and we began to build relationships as families, because it’s not worth making and making enemies, it’s more useful to have friends ”- this is an example of a woman who is worthy was able to survive the divorce, let go of her ex-husband and improve her life. Take an example from her!

I'm lonely, the former is already with the other

It seemed like life was over. Nothing is worse than being alone. All day no appetite. Living, eating, paying attention to a child - everything seems empty without an ex-husband. Life goes on, and the woman is still waiting for the ex-husband to return ...

“Every time I imagined her in her place, how he sleeps with her, goes to restaurants, guests, to her mother-in-law, what she cooks for him. I began to miss his attention, petty quarrels over trifles, the fact that he watches football on weekends, in a word, everything that I did not like before. - such thoughts visit women when their husband, property was taken away by another, and now, instead of improving her life and developing, the woman feels sorry for herself.

Why is he not with me?

This question does not leave exes alone. “What could I do that provoked my husband to leave for another woman. Maybe I'm a bad wife, mother, or just don't suit him in bed? Or I just devoted little time to joint leisure, cooked differently than his mother, with love.

It is difficult to find an answer to this question. Try to find out from the ex what the reason is in order to prevent her from further relationships. Or maybe it's just not about you and your mistakes, but he fell in love a second time.

“My husband stopped paying attention to me, I became an empty place for him, a person with whom he considered it pointless to spend his life. No matter how much I think why he is not with me, but on the other, and all in vain, I only once again remind myself of that terrible day. In the end, I decided to turn to a family psychologist, no matter how ridiculous it may sound. He helped me get out of this situation by explaining that I was simply too fixated on my ex-spouse. I believed it myself, and even more than that. After several visits to a specialist, I began to believe in myself, learned to love myself for who I am, and life began to improve. ” - a review of a grateful visitor to a psychologist. If you yourself can not cope with depression after a divorce, then seek help from a specialist. If you still have a joint loan with your ex-husband, read the article.