Majority of us recognize maintenance as benefits for keeping a common child. In the meanwhile it happens also that such resources need to be paid also in subject to ex-husband. For alimony can apply the partner who is not a fault of ending the marriage and if he/she is in a difficult financial situation. When the alimony obligation on ex-husband or ex-wife concern us?
The alimony on ex-spouse are the result of mutual help of spouses in range of maintenance which is being created in the moment of wedding. A great deal of people will be surprised by the fact that the following obligation lasts also after the ended marriage but in a bit different form and without reservation. It is worth to know that even after ended marriage the responsibility of providing funds on spouse’s maintenance who lives in poverty for example: obligation of providing help from the relatives’ side of spouse who applies for alimony.
The main factor which affects on possible maintenance obligation is settlement about guilt for marriage closure. The following services demanded by:
– the guilty spouse from the spouse who is also guilty
– the innocent spouse from the spouse who is also innocent
– the innocent spouse from the guilty spouse
It means that for alimony can not apply one of those partners who was recognized as the only person responsible for marriage closure. The application can be applied verbally or in written form during the divorce case and also after its closure – at the time it can occur solely in writing and the claim need to be delivered also to ex-husband or ex-wife. If the court law decided that the reason of marriage closure was the same the same husband and wife or divorce took place with judgment about wine, for alimony can apply each of sides. The condition is to demonstrate that the person is in shortcoming and the second side has enough possibilities financially rewarding to cover his/her justified needs. However even in such situation the alimony obligation expires after the end of five years but by exceptional circumstances the court can renew that term. The rationale to such decision may be among others a long term marriage, disease which requires longer treatment or illness getting alimony and significant differences in financial conditions of both sites. Firstly the court make sure if the authorized person has relatives who are capable to take a responsibility for this. Completely different is situation when the divorce took place with judgment about sole guilt of one partner. In this case the innocent ex-spouse can apply for benefits on maintenance even if he/she don’t live in shortcoming. It is enough to provide that the divorce lead them to deterioration of his/her financial situation. In fact after divorce the rule of equal rate of life stops operating so there is no need to equate the material benefits both of spouses, however the court compares the situation of of the innocent spouse before and after divorce and if the statement will be that it is getting worse – there is the obligation imposed on the guilty site and that person must pay alimony. The spouse incurring sole guilty for marriage closure can not rely that necessity of providing the benefits on ex-partner maintenance will expire after five years like in the other cases. In this case the alimony obligation expires only then when the innocent site will marry some other person. It is worth to highlight that such result has only the marriage but partner relationship which is informal in principle can not affect on alimony getting. However there are situations when the court will recognize the following case as contradictory with the rules of social cohabitation and will make a decision about annulment the responsibility of the benefits payment. The re-marriage of the person obligated by alimony responsibility does not affect on his/her undertakings. Perhaps the amount of benefits can be modified – the court can judge the financial possibilities again of the person who is obligated to pay alimony.
It is worth to not forget that even when all of the following relatives will take place or when all conditions will be fulfilled, the court does not rule about alimony responsibility from the office. Different is the case with alimony on children – the case has a place during the divorce case. When you will make a decision about getting the benefits from ex-spouse on your own maintenance it is necessary to come out with adequate request (during discourse or already after divorce during separation or after marriage annulment). In the lawsuit it is required to post the required amount of alimony and monthly term of their payment. It should be a substantiation attached in which must also be the information: if there was predicate concerns guilt, description about guilt, description of financial situation (the incomes and outcomes quantity) There also need to be provided the act of divorce proceedings, attach attestation concerning the amount of incomes and also billings for token medicines and medical procedures.
If ex-spouse declines to pay alimony, the case need to be submitted to prosecutor. The mentioned attitude is punishable by a fine, community sentence or imprisonment for 2 years because it is a transgression prosecuted on victim’s petition based on art. 209 criminal code.