Zabezpieczenie na zaspokojenie potrzeb rodziny – co to jest?

„Moja żona złożyła pozew o rozwód, a w nim wniosek o zabezpieczenie alimentów na zaspokojenie potrzeby rodziny. Czym jest to zabezpieczenie na zaspokojenie potrzeb rodziny? Dlaczego nie złożyła zwykłego wniosku o alimenty na rzecz dzieci?”.

OBOJE małżonkowie OBOWIĄZANI SĄ, każdy według własnych sił oraz swych możliwości zarobkowych i majątkowych, przyczyniać się do ZASPOKAJANIA POTRZEB rodziny, którą przez swój związek założyli. Zadośćuczynienie temu obowiązkowi może polegać także, w całości lub w części, na osobistych staraniach o wychowanie dzieci i na pracy we wspólnym gospodarstwie domowym.

Realizacja obowiązku przyczyniania się do zaspokojenia potrzeb rodziny obejmuje potrzeby rodziny jako CAŁOŚCI, a nie poszczególnych jej członków. Potrzeby rodziny obejmują zarówno utrzymanie, jak i wychowanie dzieci, a więc WYDATKI WSPÓLNE. Do nich zaliczają się na przykład koszty wyżywienia, zakupu odzieży, nauki, a także wydatki związane z korzystaniem z lokalu mieszkalnego (czynsz, prąd, woda). Do tych kosztów należą także wydatki przeznaczone na zaspokojenie potrzeb poszczególnych członków rodziny.

Poziom zaspokojenia wyżej wymienionych potrzeb określają możliwości zarobkowe i majątkowe obu małżonków, a także usprawiedliwione potrzeby dzieci. Sąd, ustalając wysokość kosztów utrzymania, kierować się będzie zasadą równej stopy życiowej małżonków. Stopień zaspokojenia potrzeb każdego z nich nie powinien – na czas procesu – być różny.

WAŻNE: alimenty na zaspokojenie potrzeb rodziny sąd zasądza w kwocie zbiorowej na potrzeby całej rodziny, a nie na potrzeby każdego jej członka.

Postanowienie o obowiązku przyczyniania się do zaspokojenia potrzeb rodziny powinno zawierać datę początkową, od której obowiązek ten ma być spełniany. Z reguły jest to data wniesienia pozwu, chyba że zobowiązany do płacenia wykaże, że po tej dacie łożył na utrzymanie rodziny.

Postanowienie o obowiązku przyczyniania się do zaspokajania potrzeb rodziny wygasa z chwilą uprawomocnienia się wyroku orzekającego rozwód.

Jeżeli chcesz omówić ze mną swoją sprawę, zapraszam na spotkanie.

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