Alimony during divorce: necessary documents, registration procedure. The amount of child support after a divorce - the main criteria when determining the amount of payments How alimony is assigned during a divorce

Question for a lawyer:

Lawyer's answer to the question:
If you have irregular, fluctuating earnings or income, then the court may assign the amount of alimony in a fixed amount or both in shares and in a fixed amount. At the same time, this amount is determined based on the possible preservation of the child’s previous level of support.
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Lawyer's answer to the question: amount of alimony in case of divorce
A fixed amount of money based on the cost of living and the necessary expenses for a child, divided in half between 2 parents.
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What is the minimum amount of alimony in a divorce?

Question for a lawyer:

Lawyer's answer to the question: amount of alimony in case of divorce
Dear Mikhail!

According to Articles 60, 80, 120 of the Family Code of the Russian Federation, hereinafter referred to as the Family Code, parents are obliged to support their minor children until they reach adulthood.

Alimony by court decision can be collected on the basis of Article 81 of the Family Code as a share of wages (for 1 child 1/4 or 25% of wages), if the parents have an official job and a stable income.

If the parents do not have a job and a stable income or other income, then the court collects child support from them on the basis of Article 83 of the Family Code in a fixed amount, and as a rule this is tied to the minimum wage in the Russian Federation, for example, in the amount of 1 minimum wage (1 minimum wage now = 4611 rub.).

If you are “planning” a divorce, then it is better to insure yourself for the future and voluntarily pay your wife certain amounts per month for the child on a receipt from her or by postal order to her address. It is imperative to keep these written confirmations about the provision of finances to the child, since according to Article 107 of the Family Code, the court, when considering a claim for the collection of alimony, can collect for the past period of three years, if the defendant does not prove to the court that he supported his child. This can be proven mainly by written evidence.

More detailed legal advice on this issue, incl. on issues of enforcement proceedings, when you encounter a bailiff, you can obtain from a lawyer or lawyer by agreement. And it’s better for you to familiarize yourself with the main provisions of the Family Code of the Russian Federation, which will allow you to avoid unnecessary problems in the near future.

Good luck to you.
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Lawyer's answer to the question: amount of alimony in case of divorce
Parents are required to support their minor children. Parents have the right to enter into an agreement on the payment of child support. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly 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. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances. (Article 81 of the RF IC) In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, changing earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony to be collected monthly, in a fixed sum of money or simultaneously in shares and in a fixed sum of money. (Article 83 of the RF IC).
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Lawyer's answer to the question: amount of alimony in case of divorce
If your spouse files for collection of alimony from you, then this can only be avoided if you and her agree there is no other way. By agreement, you can determine alimony obligations by drawing up an alimony payment agreement.

Art. 81 of the RF IC determines the amount of alimony.

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly 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 .

2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.
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And will they pay me alimony for the past 4 years and in what amount can I receive it?...

Question for a lawyer:

Lawyer's answer to the question: amount of alimony in case of divorce
Good day. The point is that statement of claim the establishment of alimony in a fixed sum of money is considered according to the rules of claim proceedings with the parties summoned to a court hearing. Write an application to the bailiffs to provide a certificate of the existence and amount of alimony debt. The bailiffs were required to send a writ of execution to the location of the ex-spouse. Familiarize yourself with the enforcement case; if the bailiffs did not work, write a complaint about inaction.
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Please tell me what is the current amount of alimony in case of divorce for a child?...

Question for a lawyer:

Lawyer's answer to the question: amount of alimony in case of divorce
Art. 81 of the RF IC for one child 25% of income i.e. 1/4
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And what to do if the father’s legal income is several times higher than the actual one?...

Question for a lawyer:

Lawyer's answer to the question: amount of alimony in case of divorce
1. Determined on a general basis in accordance with the RF IC.

2. Look for evidence of the amount of real income on your own and provide it to the bailiffs.
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The amount of alimony in case of divorce? I’m on maternity leave, my child is 3 months old...

Question for a lawyer:

Lawyer's answer to the question: amount of alimony in case of divorce
for you in hard cash the cost of living is about 7,000, for a child in hard cash or in the amount of 1/3 of the share of earnings and other types of income. Contact us, we will help you draw up documents for the court.
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Lawyer's answer to the question: amount of alimony in case of divorce
33% total for the child and you.
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Lawyer's answer to the question: amount of alimony in case of divorce
1/4 per child, correct
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What is the amount of alimony in case of divorce for her and the child?...

Question for a lawyer:

Lawyer's answer to the question: amount of alimony in case of divorce
You can always remove her from the register; you are also required to pay alimony for her maintenance during pregnancy and after childbirth until the child turns 3 summer age. The child is not required to register. He can be registered with his parents or one of them. With whom the court determines the child’s place of residence, he must register him, although if you wish, you, as a father, can also register him in your living space. Child support for official employment will be in the amount of 1/4 of the salary.
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What will be the amount of alimony in a divorce?...

Question for a lawyer:

Lawyer's answer to the question: amount of alimony in case of divorce
Evgenia, in accordance with the law, alimony, when you submit an application to the magistrate for its collection, will be awarded from the date of filing the application in the amount of 25% of the spouse’s earnings. However, it is not necessary to dissolve the marriage.

Your spouse will be able to file a claim for divorce after first receiving a duplicate of the marriage certificate and the birth certificate of the child.

The alimony agreement may be revised.
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Lawyer's answer to the question: amount of alimony in case of divorce
Hello Evgenia!

1. If you file a claim with a magistrate for the recovery of alimony from the father of your minor child, then in accordance with Articles 80, 81, 83 of the Family Code of the Russian Federation, hereinafter referred to as the IC, the court will award the recovery of alimony from the father of the child or 1/4 of his earnings and other income, or in a fixed amount, if he does not officially work.

Alimony for the past period (no more than 3 years) can be collected by the court, provided that you prove to the court that you have repeatedly turned to the child’s father for financial support for the child, but he did not provide or did not regularly provide you with financial assistance for the child.

2. Spouses have equal rights and responsibilities, so your husband, if desired, can file a claim for divorce at any time.

3. An agreement between parents on the payment of alimony for minor children, concluded in accordance with Article 100 of the Family Code, is an executive document, just like a writ of execution issued by the court on the basis of a decision to collect alimony. Therefore, on the basis of such an agreement, the bailiff is obliged at any time to initiate enforcement proceedings to collect child support from the parents.

The amount of alimony upon divorce is indicated above in answer 1.

Good luck to you.
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Lawyer's answer to the question: amount of alimony in case of divorce
Write an application for a court order to collect alimony in the amount of 25%, if there is one child
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Child support from a non-working father...

Question for a lawyer:

Lawyer's answer to the question: amount of alimony in case of divorce
Good afternoon

If you want to file for divorce, no problem, just file for the division of joint property (assets and debts), this way you will divide everything, including loans,

regarding alimony, we have 1/4 of the income prescribed in the RF IC, if there is none, the court has the right to set the amount of alimony in a firm form, but do not think that it will be 30,000 rubles, usually this amount is close to the minimum 3 - 7 thousand.

Good luck to you.
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Changing the amount of alimony...

Question for a lawyer:

Lawyer's answer to the question: amount of alimony in case of divorce
Yes, you can change the amount of alimony; this is provided for by law. The claim must indicate a request to change the amount of alimony.
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What is the amount of alimony in a divorce, given that he also remains with the child...

Question for a lawyer:

Lawyer's answer to the question: amount of alimony in case of divorce
Good afternoon According to Article 81 of the RF IC

1. In the absence of an agreement on the payment of alimony for minor children, the court shall collect from their parents monthly 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. 2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.
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I am interested in the amount of alimony in a divorce to support a wife for up to 3 years in 2014...

Question for a lawyer:

Lawyer's answer to the question: amount of alimony in case of divorce
Alimony for the maintenance of a spouse is collected in multiples of the minimum wage, depending on the financial situation of the parties.
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Alimony is financial assistance from one spouse to another, which is intended to support a common child or children.

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The legislation of the Russian Federation obliges the payment of such benefits upon the divorce of the parent who does not live with the child, but it is possible to obtain a monetary payment even before the divorce.

Let's find out who can receive alimony, how much you can count on and what documents need to be provided.

Who can be assigned to?

The main responsibility of both parents is to support their child. If one of the spouses refuses to do this, he is forced to judicial procedure pay alimony. Such payments are assigned to children who have not yet reached the age of eighteen.

But other categories of citizens can also receive alimony:

• Children who have already reached adulthood but are receiving full-time education. The maximum age of the child in this case can be no more than 23 years;
• The spouse's ex-wife, who is pregnant with their common child;
• Former spouse who is caring for an adult disabled child of the first group;
• Former spouse who is caring for minor child disabled person of the first, second or third groups;
• A former spouse with a disability who was previously dependent on their partner.

As we see, not only minor children can receive alimony: they can even be awarded to former spouses.

Methods for calculating the amount of alimony

According to the Family Code of Russia, the amount of alimony can be calculated in two ways:

1. In percentage terms;
2. In a fixed amount.

In the following sections we will look in more detail at how these methods of calculating alimony differ.

Percentage

This is the most common way to calculate alimony payments. It applies to those citizens who have a permanent place of work and an official source of income.

In such cases, a certain percentage will be deducted monthly from the citizen’s salary or other income.

The percentage depends on the number of children the former spouses have together:

• For one child – 25%;
• For two children – 33%;
• For three or more – 50%.

The amount may be higher than this if the judge considers that the money received will not be enough to support the children.

In a fixed amount

A fixed amount of money should be understood as an unchangeable value: the judge prescribes a specific amount of alimony, which is not influenced by any factors.

This type of alimony calculation is used in the following cases:

• The defendant does not have regular income (for example, he works on seasonal part-time jobs);
• The defendant receives wages not in cash, but in material things: food, household chemicals etc.;
• The defendant's salary is calculated in foreign currency;
• The person has no official sources of income.

In this case, the judge determines how much alimony to pay during a divorce in a fixed amount, focusing on the minimum cost of living in the region in which the child/children live.

In the future, the fixed amount of alimony may be changed:

• IN big side– if there are additional costs for the child/children due to illness, disability, etc.;
• To a lesser extent - due to the loss of the defendant’s ability to work, receiving a disability group;
• From a fixed amount to deduct interest from wages - if the defendant has an official place of work.

A review of the judge's decision regarding the amount of alimony in a fixed amount is carried out at the request of the plaintiff or defendant.

What income cannot be withheld?

In the Family Code Russian Federation it is said that alimony can be collected from the official income of a citizen.

Official income from which benefits can be calculated includes the following payments:

• From the official salary for the work done;
• From the salary (rate) at the official place of work;
• From income accrued for one-time work;
• From fees received for the publication of articles, books, etc.;
• From the income of people holding municipal positions;
• With financial assistance awarded for length of service, for special achievements in work, etc.;
• From income received for renting out living space;
• From a scholarship;
• From pension and any additional benefits to it;

From disability benefits;

• If a person does not work officially, then alimony is collected from benefits from the labor exchange.

There are also a number of payments from which alimony deduction cannot occur:

• From benefits paid for the loss of a breadwinner;
• From funeral benefits;
• From a pension for caring for a disabled person;
• With financial assistance paid for treatment after being injured at work;
• From mother capital.

Thus, alimony can be withheld from most of the citizen’s official income.

Video: Who and how much

Collection methods

Today, there are two ways to collect alimony:

1. Voluntary - applies if the spouses managed to agree on the amount of alimony, the frequency of its calculation, and they have no claims against each other;
2. Judicial – suitable for situations where the second spouse does not agree to support the child/children, or the parents have not agreed on the amount of benefits.

Let us consider in more detail the procedure for alimony registration in the two above cases.

Voluntary collection

This method of alimony registration is suitable for couples who have come to general decision regarding the amount of payments and their frequency. To formalize the agreement, the spouses need to enter into a peace agreement.

This is done as follows:

1. First you need to collect a package of documents (you will find their full list below);
2. The documents must be submitted to a notary at your place of residence;
3. The notary checks all documents and draws up a peace agreement, which indicates all the information regarding the calculation of alimony;
4. Both spouses must sign the document, otherwise it will be considered invalid.

A peace agreement is the least troublesome way to collect alimony, so if it is possible to conclude it, do not neglect this opportunity.

In court

If the defendant refuses to pay child support for various reasons (does not recognize the child, does not want to support him, etc.), such disputes can be resolved in court.

To initiate a judicial investigation, you must do the following:

1. Contact the judicial authorities or the prosecutor's office at your place of residence with the necessary documents (you will find a list of them below);
2. Write a statement about the need to collect alimony and attach the necessary papers to it;

After writing the application, the date and time of the first meeting will be set. The defendant will also be notified in writing of the commencement of the trial;

3. The decision may be made immediately after the first meeting, or the process may drag on for several months. The time frame for resolving the issue depends on the situation individually.

The least troublesome way to collect alimony is voluntary through a notary, since court hearings can last several months or even years.

Documents for registration

The procedure for calculating and collecting alimony should be familiar to those raising minor children. During a divorce and while married, one spouse may demand alimony from the other for the maintenance of children. Wife in defined by law In cases, he has the right to demand alimony for himself. Determination of the amount and procedure for payment of alimony can be carried out by agreement of the parties or in court.

In the latter case, in the absence of payments, enforcement proceedings are initiated. Bailiffs have the right to seize the property of the defaulter in order to pay the debt. Typically, alimony is collected from the income of the obligated person. If the alimony provider refuses to make payments, a court decision may recognize him as a willful defaulter.

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Child support bailiffs help to recover money from persons who refuse or for some reason do not make payments on time and in a certain amount. If a child support debt has arisen and the debtor refuses to fulfill his obligations, then it is necessary to seek help. If the procedure for collecting alimony was successful or if there is a notarized document [...]

The question of how personal income tax and alimony are taken into account is of interest not only to accountants, but also to the payers themselves. For example, is child support taxable? These amounts represent payments withheld under the Family Code. Therefore, there is no need to tax them. But there are also quite complex cases that make even an experienced accountant think. For example, these are issues related to property tax [...]

Everyone knows that the collection of alimony means a one-time or periodic deduction of a certain part from the payer’s salary in favor of the alimony recipient. But not all people who have to deal with a similar issue know how alimony is collected from an unemployed person. The problem is that a person who does not have a job is physically unable to pay money to the alimony recipient. Who [...]

For both sides, a very sensitive topic is reducing the amount of alimony. Judicial practice 2017, as in 2016 and in previous years, shows how unsettled this issue is. Some judges lean towards mothers. Others believe that conditions should not be too harsh for the payer. It seems that both points of view are equally correct. But, of course, also with one [...]

According to the entry into force of the new bill, which was issued under number 489583-6, minor children and parents who are close to them will have the opportunity to recover money from the second parent through the court. If you need to know the amount of possible payments, it is worth knowing the minimum amount of alimony. Even if the father does not work, he will still have to pay them. During the court hearing [...]

After the spouses divorce, the financial support of the children remains the responsibility of the parents. Child support for the mother of a child under 3 years of age is also required, which is confirmed by law. Only in exceptional cases is security assigned to the father. Child support for a child under 3 years of age differs from other types of benefits. During this period, children require constant care, which is usually provided by the mother. In exceptional cases [...]

Unfortunately, many modern families are faced with all sorts of personal problems. Often the couple cannot stand the test, which is why divorce occurs. Relationship breakdown can happen even if there are children. Often, after the divorce, one of the spouses must pay a monthly amount for the maintenance of minors. Few people are familiar with the provisions of modern legislation, so they do not know how money is transferred.

What is alimony relations in the family code

If there are disabled minors, then a working citizen who is a relative of these people is obliged to help them financially. This provision is established by current legislation. The Family Code concludes that alimony relations are possible if there is an appropriate agreement between the payer and the recipient or after a representative of the authorities makes a court decision to collect money.

Upon receipt financial assistance a minor, disabled person (this may be a pregnant woman) has obligations to pay from a working spouse. Spouses independently agree on the procedure for transferring money during a divorce for one child, or this issue is decided by the court. Any agreement should be formalized by a notary, so that later there will be no problems when making claims.

Legal regulation

Chapters 16 and 17 of the Family Code of the Russian Federation contain the specifics of paying alimony in case of divorce for one child by agreement of the parties. If a court decision is made to recover money, then subsequent transfers will be made in accordance with Chapters 13-15 and 17 of the Family Code of the Russian Federation (some norms establish the procedure for paying money to persons under three years of age). The law makes a clear distinction between two methods of transferring funds (by court decision and agreement of the parties). If the spouses have drawn up and certified an agreement, then recovery of money in court is unacceptable.

Parties to the alimony payment agreement

When a marriage is dissolved, both spouses must participate in the collection of money. A minor will be present on some side of the alimony relationship. The spouse who lives with the minor citizen becomes the payer. The recipient of the money is considered to be an incapacitated citizen. Due to the fact that a minor does not have the right to act on his own behalf, the second spouse who lives with the minor signs the agreement or collects the money.

Sometimes money is transferred to disabled adults who can officially act as recipients. Such situations occur, for example, when a person has a disability and is unable to earn money on his own. In addition, the agreement can be concluded with the consent of the father or mother to pay money until the minor’s graduation from the university.

If we talk in detail about the recipient, then sometimes it is one of the spouses. This could be a woman during pregnancy, a mother in maternity leave, or simply a disabled person who needs financial support. However, such situations arise much less frequently than cases related to the payment of money for a disabled, minor person.

Terms of alimony payments

Modern legislation contains some provisions establishing the conditions for the payment of funds. Transfers are possible if:

1. Relationship established. There must be information that the person is the son or daughter of a particular person. If necessary, a DNA testing procedure is carried out to help establish paternity. Only after determining who the father is can the claim be considered.
2. The recipient is no more than 18 years old. As a rule, upon reaching the age of majority, child support obligations automatically terminate. However, if the person is disabled, then the payment period may be extended.
3. The parent has money to transfer. In other words, the person must have the ability to transfer money. According to the law, if there is no income or property, the parent is not relieved of the obligation to support children. If in fact a person does not work and has no property, then this may be an obstacle to the full provision of a minor.
4. The statute of limitations for the claim has been taken into account. If a parent submits an application, then when determining the amount of debt, only the three years preceding the application to the authority are taken into account. In other words, money is not paid for a lifetime, but only for 3 years.

What documents are required

As mentioned earlier, there may be an agreement drawn up by the spouses independently, or a court decision. To draw up the first version of the document, you need to go to a notary with:

• Spouses' passports.
• Marriage certificate.
• Child's birth certificate (a copy of the certificate is also required).

After studying the listed papers, the specialist asks you to sign an agreement. If one of the spouses does not want to pay child support for one child and refuses to enter into a voluntary agreement, then you can file a claim. Go to the court staff with:

• Passport.
• Child birth and marriage certificates.
• A statement of claim drawn up in accordance with all established rules (a copy of the document is made and submitted in 3 copies).

Methods of appointment

Parents may be divorced or simply not living together. Spouses must make efforts to support minors. If a constructive relationship remains between the parents, then they independently decide what amount will be paid to the minor. Concluding an agreement is the best option because it avoids paying state fees, stress, and saves time. If you are unable to solve the problem yourself, you should contact the court staff with a corresponding statement.

Voluntary agreement with a notary

An agreement to transfer money to a minor is a written agreement. The document must be certified by a notary. An oral agreement between the parties is allowed when the parents verbally determine the amount of alimony, the order, and the time of their payment. However, be aware that there is a risk that the payer will refuse to transfer the money at any time. Then it makes sense to file an application for forced collection of funds.

The money transfer document must be created in such a way that its clauses do not violate the rights of the recipient family members. If someone's rights are violated during the process of drawing up an agreement, it is considered invalid. For example, an incorrect amount for payments is often indicated (lower or higher than the amounts that may be established by the court).

An agreement drawn up voluntarily by spouses can be concluded for a long time. During this period, parents may experience some financial changes. If a parent began to be registered in another organization or had children, then this should be indicated in the agreement. If necessary, you can terminate the document.

Judicial proceedings

It is worth filing a claim for alimony in a divorce for one child when it was not possible to achieve voluntary payment of funds (the spouse refused to draw up an alimony agreement). Often the application is submitted by the spouse with whom the children remain living. Claims are considered by magistrates. They are worth contacting if you need to consider a case regarding the collection of funds. If there is a dispute about the place of residence of a minor, you should contact district court. This authority can help if you need to collect alimony and establish a relationship at the same time.

Rules for calculating child support

Few people know what the percentage of child support is per child. When making a court decision, it is taken into account whether the parent is employed and whether he receives a permanent salary. If so, the amount of alimony is determined as a percentage of income. Alimony in a divorce for one child must be 25% of the parent's earnings. If there is an unemployed spouse, the amount of alimony is determined as a percentage of the minimum wage.

If you are interested in how much alimony is due for one child if you have a spouse whose salary is unstable, then know that the court orders payment in the form of a fixed amount. The amount of alimony is determined according to the subsistence level of the recipient's region (the amount must not be lower than the subsistence level). When making a decision, the needs of the children and the capabilities of the payer are taken into account. Sometimes the court determines the amount for a one-time payment or makes a decision to transfer valuable property into the ownership of a minor.

Married

Often there is a need for additional funds when spouses are legally married and do not file for divorce. The father, who is a potential payer, may live with the children and their mother. Modern legislation provides the opportunity to pay money when a divorce has not been filed. The main condition that allows you to demand payment of money for your son or daughter is the presence of a relationship between the parent and the children. In addition, it is important that:

• The union was official.
• The daughter or son really did not have enough money for full development (as a rule, the funds go to study, food, clothing).
• The second spouse had funds for the transfer.

Outside of marriage

Subject to availability common-law husband who does not officially work, the court orders alimony in the amount of the subsistence minimum. It takes into account whether the parent is included in the birth certificate. If necessary, a DNA test should be performed. Keep in mind that legal kinship carries more weight than biological kinship. To recover funds, contact court officials with a passport, a certificate confirming paternity, a birth certificate, and a certificate of family composition. In addition, you will need to draw up an application for recovery of funds.

Child support during divorce

You can collect money after some time has passed after the divorce (there are no restrictions). Keep in mind that if ex-spouse refuses to support a minor, then you can receive money from him only if there is a relationship. If it is not there, then ex-wife applies for a DNA test to identify the biological father. Sometimes, in order to recover funds, it is necessary to prove that a person lived for some time with a woman with children.

From what income is child support deducted?

The legislation of the Russian Federation establishes some rules for calculating funds for a minor. The amount can be withheld from:

1. Official income of the person.
2. Wages received after selling products or providing some services.
3. Salary received for professional excellence.
4. Payments accrued for the period worked in a public position.
5. Benefits from the labor exchange for temporary disability.
6. Pension contributions.
7. Income received from renting out an apartment, house or other property.
8. Scholarships from an educational institution.

Payments from which deduction of alimony is prohibited

The legislation includes provisions regarding funds that cannot be used to accrue child support payments. Such payments include:

1. Pension received upon loss of a breadwinner.
2. Funds provided as maternity capital.
3. Money accrued to restore health that was lost as a result of performing official duties.
4. Means for providing comprehensive care for disabled persons.
5. Funeral benefits.

Amount of child support for one child

If a voluntary agreement is drawn up, then know that alimony must be indexed . Their size cannot be lower than the established percentage of official income. For a non-working citizen or a person with irregular earnings, a payment is assigned that is not less than a monetary amount, which is determined based on the subsistence level of the region where the recipient lives.

In the absence of an agreement, the minimum amount of alimony is determined by the court based on information about the defendant’s employment. When a court decision is made, payment cannot be set less than minimum size wages. If the claimant does not prove that the parent has additional income, then, as mentioned earlier, alimony will be calculated as a percentage of the minimum wage in the country. To collect money from an unemployed citizen, the court is guided by living wage region where the recipient lives.

As a percentage of income

If official earnings are established, then the amount for one minor will be equal to 25% of the person’s income level. Changes in the amount of payments may be accepted in the presence of special circumstances of the parties. As a rule, when calculating the amount of money, the judicial authority takes into account the financial and marital status of the parents (living conditions, wages, etc.).

In a fixed amount

Payment of funds is assigned in absolutely any amount (there is no maximum limit). When determining the amount to transfer, the judicial authority is guided by information about the children’s lifestyle. The usual level of support for a minor is taken into account, the financial and marital status of the parents, and other circumstances worthy of attention are taken into account. Subsequently, the amount of alimony may be increased by the court, taking into account the financial situation of the minor. To reduce the amount of payment, serious reasons are needed.

In kind

According to the Family Code of the Russian Federation, alimony in kind is possible by voluntary agreement of the parties. The recipient should not be against this form of payment. When drawing up an agreement, the parents determine the amount, procedure, and method of paying alimony in kind. Keep in mind that if a claim is filed, alimony will only be paid in the form of cash.

How is child support paid after divorce?

After a divorce, a person can contact court officials with a request to transfer money for a minor. An appeal to court officials is the basis for starting legal proceedings. Please note that the statute of limitations rules do not apply to alimony relationships. The spouse has the right to apply at any age of the children until they reach 18 years of age. If a positive decision is made, the money is accrued from the moment the application is made to the judicial authority.

Collection procedure

Collection of funds is carried out by judicial authorities. If there is an agreement in hand, the terms of which are not fulfilled by the father or mother, then the legal representative of the children has the right to submit an application to the bailiffs to begin enforcement proceedings in the case. This is possible because a notarized agreement has the force of an executive document.

When a court decision is made, the procedure for transferring funds is determined. Subsequently, the process of transferring money is controlled by bailiffs. The amount is withheld from the person's salary. The amount of payment is equal to that specified in the writ of execution issued after the court decision. The administration of the institution where the defendant is registered transfers the amount to the recipient's account. If property is recovered, it is subsequently sold at auction. The proceeds go to the account of the children's legal representative.

After the end of the trial and a decision on the transfer of funds by the parent, the procedure for collecting money begins. The basis for this is the presence of a writ of execution. Responsibility for collecting money falls on the organization in which the defendant is registered. The accounting department accrues funds to the account of the legal representative of the minor. If for some reason the payment of money is suspended, then the debtor is charged a penalty.

Payment methods

The payer has the right to consent to the transfer of funds from the income received. To do this, a writ of execution from the court or a voluntary agreement of the spouses certified by a notary is presented to the organization’s accounting department. The documents must indicate the account to which the money should be transferred. If it is necessary to pay a fixed amount, the payer must make a bank transfer or transfer the money in cash. In the latter case, a receipt must be drawn up confirming receipt of funds.

Reasons for termination of alimony payments

Often the transfer of funds is terminated by voluntary agreement of the parties. If a mother refuses to transfer money, then she must realize that she is speaking on behalf of her children. After a divorce, the mother may not contact the court officials with an application to transfer funds to the minor. If the claim is filed and documents confirming the relationship are presented, then the father can no longer refuse to transfer the money. Termination of alimony relationships occurs when:

• Children reach 18 years of age.
• The condition that the person with whom the minor lives after the divorce no longer needs financial assistance.
• Expiration of the voluntary agreement of the parties.
• Establishing the fact of death of one of the parties.

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