Wife doesn't want to work
Hello dear psychologists! My wife and I are 26 years old, we have a 3-year-old son. On the surface, our relationship would seem ideal for everyone, but our relationship has reached a dead end.
After finishing school, I entered the university to become a programmer. Six months later, he began to earn his own penny. While I was studying, I met my current wife, it was great love. Immediately after graduating from university, we got married in the summer, then I was hired by a foreign company.
The salary was good and increased little by little. So literally six months later we decided to take out a 10-year mortgage. The wife became pregnant and gave birth. And there, since our salary allowed, we bought a new car on credit. And all this was on my one salary. My wife took care of the child, of course we had some little things, we fought, but overall everything went fine. After some more time, I find out that our company is closing and laying off employees. I was paid due compensation.
I spent a month looking for a job, I wanted a job that was at least close to the salary I had, but alas. I had to pay for loans, I didn’t have time to look, I went where I got them, where the salary was two times less than what it was before.
My wife tried to support me, she said that as soon as the child went to kindergarten, she would immediately get a job; at that time, my son was 2 years old. I immediately got a job in a taxi, and I continue to work, since we have to pay for all our loans, etc.
Six months later, in the fall, the child went to kindergarten, his wife asked him to wait a couple more months so that he could get used to it. Fine. Then she asked me to wait for spring. Fine. Now when I asked her what she was going to do next, a scandal ensued between us. That I’m sending her out to work, that I’m not a man, that I can’t provide for my family. What a beggar, and then I was given the news that she had no intention of working at all. This is my responsibility, once you undertake it, then provide it. She wants to live like her friend, who has beauty salons, a car, fur coats and her husband provides for her. But I’m not like that, I’m a sucker.
I partly agree with her, but I owe everyone and everything. But I'm tired, honestly. I work like hell. I only sleep at home, all weekends and holidays I work as a taxi driver to provide for my family. My parents, seeing the situation, throw money in. I sold some personal items, such as an expensive phone, laptop, watch.
I don't know what to do. Help with advice.
The young man doesn’t want to work and he doesn’t want to study either.
Maternity leave if the wife does not work
Advice from lawyers:
1. If the husband works as a civil servant, can he go on maternity leave if his wife does not work?
1.1. Hello, yes it can.
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1.2. No man can go on maternity leave. Maternity leave is popularly called sick leave according to Bir, and men are not pregnant and do not give birth. The husband can go on parental leave.
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1.3. Yes, he can go on maternity leave.
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2. Tell me how loans are divided during a divorce if the wife does not work and is on maternity leave?
2.1. By virtue of clause 2 of Art. 45 of the RF IC, foreclosure is applied to the common property of the spouses for the common obligations of the spouses, as well as for the obligations of one of the spouses, if the court establishes that everything received for the obligations of one of the spouses was used for the needs of the family. If this property is insufficient, the spouses bear joint liability for these obligations with the property of each of them.
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3. If the wife did not work, is the family entitled to payments to care for her on maternity leave?
3.1. Hello! If your wife gave birth to a child and was not officially employed anywhere before the birth, then you can get leave to care for the newborn child. Moreover, even a grandmother can get such leave, only the leave must be issued for one family member.
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4. A mortgage was taken out during marriage. My husband wants to get a divorce and split the payment in half. Until the age of 3, he supports her and the child, but if the child is sent to kindergarten, the husband claims that the wife is no longer on maternity leave and that means he only owes 25% alimony. The wife does not work and is not solvent. Her husband asks her to move out (if she doesn’t pay). What rights does a wife have to a mortgaged apartment? Thank you.
4.1. Hello Tatiana. According to the law, during a divorce, the shares in property rights will be equal, but you will also have to pay the loan equally. Options for action depend on whether the wife plans to work in the future and pay her share of the payments.
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4.2. Spouses have equal rights to property acquired during marriage, but if the spouse had the money, then he has an advantage. In addition, let the wife apply for alimony for herself and for the child, since she is a person on maternity leave, she has the right to do this. It is also necessary to consider who the loan is issued to.
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5. I want to apply for alimony to support my wife and need a certificate of my income, but I haven’t worked anywhere and I’m on maternity leave. Where can I get this certificate?
5.1. Such a certificate is not required.
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5.2. You don’t need such a certificate, a child’s birth certificate, it contains all the data necessary to meet your requirements in a standard situation.
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6. I am currently going through divorce proceedings. My wife filed for alimony in February (we have a minor daughter (2 years and 6 months)). Yesterday at work I found out that I have a child support debt for my daughter. We still live together. And we have a common budget. I work, and she is on maternity leave. Is it possible to somehow get rid of the debt, otherwise I won’t even have any money if the debt is kept at work. And I also have a mortgage on the apartment (I bought it before marriage).
6.1. Is it possible to somehow get rid of the debt? Cancel the court order in court, but then if she goes to court with a claim for collection, the court will collect it from the DATE OF ISSUANCE. orders and the debt will become even greater.
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7. Wrote a letter of resignation. Worked for a week. Can I go on maternity leave for another week and then just come and pick up my work book? (The child is 1.1, the wife works and is not on maternity leave). That is, it’s as if I went on sick leave for these 2 weeks, only instead of sick leave I will go on maternity leave.
7.1. It’s easier to be on sick leave or work for 2 weeks, or rather even 1 week. Less red tape. Going on parental leave is not just writing an application, it is collecting certificates that the wife (mother of the child) is not on leave and is not receiving child care benefits.
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8. I'm working. My wife is on maternity leave and doesn't work. My wife has a child from her first marriage, and we have a child together, for a total of two children. The common child is less than a year old. In the event of a divorce, as I understand it, I pay alimony, wife maintenance and pay joint loans or part of them. Can the total deduction from my joint venture for these expense items be more than 50% in this case? If yes, to what percentage?
8.1. In the event of a divorce, there is a possibility (!), if the wife submits a corresponding application, that you will pay alimony for the joint child (25% of the salary), alimony for the maintenance of the wife until the child reaches 3 years of age (a fixed amount determined by a court decision). And also, if there is a division of property, then the loans will also be divided in half (or in a different ratio, if you reach an agreement)
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8.2. You understand everything correctly. Since alimony will also be collected, 70% of the salary can be withheld according to the writ of execution.
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9. Can a working husband go on maternity leave while at work to care for his second child if his wife does not work but is caring for her first disabled child?
9.1. Hello. Maybe even so.
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10. I plan to go on maternity leave, despite the fact that my wife is not working right now. Can I work as a civil servant in the same organization, in a different position, while maintaining maternity leave benefits? Oleg. Thank you.
10.1. Good afternoon, Oleg! unfortunately no.
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11. My husband’s ex-wife applied for alimony, since he does not work, he was assigned the amount of the subsistence minimum in hard currency, can I also apply for alimony, since we had a baby and I am on maternity leave. And how much will I be paid?
11.1. Hello! Serve it of course. They will also appoint you, since you have an internship there, in the amount of the subsistence minimum. In some areas, 1/2 the minimum is prescribed, since both parents must equally participate in the maintenance of the child.
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11.2. Here, your spouse probably needs to go to court with a question about changing the amount of alimony for the first child. But the arguments must be reinforced concrete.
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12. My wife worked in the military unit where I served, there is an entry in the work book and a clear seal of the military unit. Then the wife went on maternity leave from the military unit. Now, when calculating a pension in St. Petersburg, this period is not counted; allegedly awaiting confirmation from the archives of the Ministry of Defense. How should we act?
12.1. Hello. You can go to the archive yourself or immediately go to court with a claim against the Pension Fund.
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12.2. You can go to the archive yourself. The court will need this information.
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13. Can I, working under a temporary contract, officially receive maternity or birth benefits from the organization without being on maternity leave? The wife is unemployed!
13.1. Vladimir! The right to receive maternity benefits belongs only to the woman.
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13.2. You cannot receive maternity benefits without being on maternity leave. According to the Labor Code, maternity leave is granted to working or office women, graduate and full-time students, and they receive maternity leave.
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14. The wife officially worked. I went on maternity leave, after the birth of my child, a month later the company was liquidated. And she received unemployed status while on maternity leave. Now he is a little over 1.5 years old. If you now go on maternity leave again, can you not count on maternity benefits? Does the husband have no right to receive them? It turns out that we have become hostages of the situation. What can be done or done?
14.1. Hello) My husband also has the right to receive maternity benefits.
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15. I do not work officially but am self-employed. My wife is on maternity leave. Can they give us a mortgage against maternity capital?
15.1. Good afternoon Self-defense is your activity with which you pay 4 to the state. Thus, the Federal Tax Service sees your income and your level of earnings. No one is stopping you from applying to the bank for a mortgage; the bank is not risking anything anymore, since the loan is secured by the collateral of the apartment.
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15.2. Yes, the bank can give you a mortgage loan; maternity capital will be paid as a down payment.
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16. I am a father of many children, but my wife’s first child is not mine; we have three in total. How much interest can I write off on income tax if I work alone in a family (my wife is on maternity leave and the children have not yet reached 14 (18) age...?
16.1. Dear Alexey! What documents do you have on the issue described?
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16.2. In accordance with 218 of the Tax Code of the Russian Federation, you have the right to a standard tax deduction (reduction of the tax base) in the amount of 1,400 (for the first and second child) and 3,000 (for the third) rubles, provided that your spouse’s child is your dependent ( does not receive alimony, etc.). Since your wife does not work, you are entitled to a double deduction. You must write an application at your place of work. The deduction is available from the month of birth of the youngest child. Tax deductions are provided for each child under 18 years of age.
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17. I am a debtor for alimony, my car is impounded, we have three children living in our family, I am temporarily not working, I broke my leg, my wife is on maternity leave and works part-time driving a taxi in my car, can the bailiff seize it?
17.1. Not if the car is your source of income. But this fact needs to be documented.
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17.2. Why is the car under arrest and TD.
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18. This month the child turned 1.5 years old and we still have a benefit payment of 400 rubles until he reaches 2 years of age. My wife did not officially work when she went on maternity leave, but I work officially. We received payment for the first child, child benefits volume 4 and 400 rubles. What payments are we eligible to apply for now? And, due to self-isolation, can we issue any additional payments or do we not fall into any category?
18.1. Hello! -Monthly payments for children (the so-called “Putin’s”). From one to three years, the income of all family members should not exceed 2 subsistence minimums. The first or second child was born or adopted during the period from 01/01/18 to 12/31/2022. The amount is equal to the cost of living per child in your region. — 5 thousand rubles. monthly for each child under 3 years of age (April-June). Apply to the state services. These are the payments you are now entitled to.
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19. In February 2020, I got a job in an LLC at 0.5 rate, which amounted to 6,500 rubles. On April 1, the boss sent us home because... We can’t work (we recycle film) there are no supplies, he still pays 6500 to this day. My wife is on maternity leave and receives 9,500 rubles per child (my son is 1.6 years old). There is not enough money and the question is: “Can we get something extra?” Plus, I have a dependent daughter from my first marriage (14 years old)!
19.1. — Hello, dear site visitor, so what if you have a daughter from your first marriage (14 years old)? Were you satisfied with everything when you applied for this job? You are not entitled to anything else and will not receive it. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.
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19.2. Hello. You can apply, for example, for subsidies to pay for housing and communal services. You may also qualify for some additional payments established by the Government during the coronavirus period. You can find this information at the link: More >>> It describes measures to support the population and has links to the conditions and procedure for receiving.
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20. Tell me please. My husband works at a factory and is being laid off. Will a husband be fired if there is a small child of 2.7 years old, the wife is on unofficial maternity leave, and does not receive payments. My husband also has a credit debt and is writing it off from the accounting department. Will he be laid off or do they not have the right to fire him?
20.1. If a position is reduced at the company, he will be fired due to the reduction. In this case, circumstances do not play a role.
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