Alimony is a monthly contribution for the maintenance of a minor (or incapacitated) child, which one of the parents must pay if they live separately or are divorced. This money is not always enough to cover all needs, which is why the legislation provides for additional payments.
Additional payments to a child under the law
Article 86 of the Family Code of the Russian Federation indicates situations that oblige to provide additional amounts of money for a child. One of the main requirements is to pay for the treatment of a son or daughter in public and private medical institutions. We are talking about services provided exclusively on a paid basis, including the treatment of a rare and serious illness, an urgent operation.
Also, the allocation of additional funds is carried out in connection with the need for special care for the child - his rehabilitation after a serious injury or surgery, maintaining a stable state of health for a certain period. The list of situations requiring additional financial assistance is not limited to this, therefore it is important to study the law to determine whether it is possible to turn to the child's dad with a corresponding request.
An important feature is that the state does not distinguish between certain serious illnesses or injuries, so the ex-husband may simply refuse to pay the child's mother, referring to the fact that he does not consider the life situation of a son or daughter to be “deplorable”. There are two possible ways out of the situation. First, it is worth trying to talk to a man, tell about the situation in more detail and discuss the amount and procedure of additional payments. It is not necessary to demand a large amount at once: it may be enough to make small payments in addition to alimony on a monthly basis to improve the child's living conditions and condition.
An agreement on the allocation of additional funds can be accepted not only orally, but also in writing - in the form of a notarized alimony agreement. The second option is more preferable, since it officially forces the man to fulfill the corresponding obligations.
If the ex-husband refuses additional financial assistance, although you are sure that there really is a reason for it, or violates the previously concluded agreement, it remains to appeal to the magistrate's court. Going to court should be considered as the most effective solution to the problem, since the mother of the child will not have to incur any financial losses, and the chance of hearing the case in her favor is quite high. At the same time, compensation can be claimed for the implementation of not only existing, but also expected in the future costs.
Legal recovery of money from ex-husband
Prepare a statement of claim, indicating your own data, information about the child and the defendant (ex-spouse). Describe the situation that has arisen and try to explain in detail the goals for which additional funds are required, as well as the timing of their receipt. When drawing up a claim, be guided by the requirements of the Civil Procedure Code of the Russian Federation.
It is advisable to attach documents confirming the expenses incurred to the application, for example, receipts for the provision of medical services, the purchase of medicines, life support devices, etc. It is also important to confirm the fact of the mother's residence with the child by supplementing the list of documents with a copy of the minor's birth certificate and a certificate of his current place of residence.
After considering the documents, the court will notify the parties to the process of its decision or set a date for the in-person hearing. It is advisable to notify the judge about the presence of witnesses in the case. They may be needed if there is not enough documentary evidence that it is necessary to get additional money. Based on the results of the process, the court will decide what to do next. If the claim was indeed based on compelling reasons, the defendant (the father of the child) will be obliged to pay the mother the full amount due within the period appointed by the court. However, it must be remembered that the financial situation of the second parent is also taken into account: if it is not stable enough, the court has the right to release him from additional obligations.
