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Alimony comes on payday or later - legal grounds and requirements

It’s no secret that after the separation of the parents, the children most often remain with their mother, and the father has the obligation to pay child support for their maintenance. Nevertheless, it happens to them that the former spouse is in no hurry to transfer funds to the child to his ex-wife. Moreover, many women are sure that under the law child support comes on the day of the debtor’s salary, there should not be a delay in payments. However, it happens in different ways. Therefore, many mothers are wondering about how many days child support comes after salary. You will find the answer to this question in the process of reading this article.

A little about the main thing

child support

So, the process of collecting child support can be quite lengthy. Especially if the parent hides his true income or wants to pay much less than what is legally required. But in this case, the law is on the side of minors and protects their interests.

So, if the court decision is made, and the collector received the writ of execution, then he can transfer it directly to the accounts department of the organization where the debtor works, or to the bailiffs. That is how the enforcement of funds for the maintenance of children is carried out.

a man cannot pay child support

Many women think that child support comes on the day of the ex-spouse's salary. In fact, this may not be entirely true. Under current law, child support must be transferred by the company to the collector's account within three days after the debtor receives the salary. This is the order.

If funds are paid voluntarily

husband does not pay child support

Fortunately, not all men refuse to support their children after breaking up with spouses. Therefore, in certain cases, child support is paid voluntarily by fathers. In fact, this is often fixed in the agreement, which is certified by a notary. This document can also be transferred to the accounting department of the company where the payer works, or to the bailiffs. The latter themselves will already pass a resolution on the recovery of funds for the maintenance of children to the organization where the debtor works.

Moreover, the very agreement concluded between the former spouses may provide for such a clause that indicates that child support comes on the day of the father’s salary to the mother’s account or within a few days after receiving his earnings. All conditions of this document are negotiated by the parties in advance.

spouses with a notary

In addition, women raising children after a divorce should be aware that this agreement does not have to be handed over to the former spouse if he fulfills his obligations by the time specified in this agreement. This is the essence of the voluntary payment of funds for the maintenance of the child by the other party.

What the law says

In this case, you need to refer to the Family Code. It is not spelled out in the RF IC that alimony comes on the payer's salary day to the collector's account. Nevertheless, the law clearly indicates that child support must be withheld from the debtor's earnings and transferred to the recipient within three days after the issuance of the earnings to the person who is required to pay these funds. You need to know about this. In the event that the ex-wife does not receive funds to provide for the child during the specified period, then she may appeal to the bailiffs with a complaint.

FAQ

So, can child support come on payer's payday? It all depends on the work of the accounting department of the organization where the debtor works.Most often, alimony is transferred to the claimant a couple of days after the full payment of wages to all employees. However, this period cannot be more than three days. If a woman knows about the number of times her ex-spouse receives a salary, then she can contact the accounting department of this company with a question about when she will receive the money on the writ of execution. In practice, this also happens.

Dismissal transfers

court decision on alimony

Many recipients of alimony are sometimes very concerned about this issue. Nevertheless, the dismissal of the debtor from work is not a reason for delaying payments according to the decision of the judicial authorities.

Therefore, in such a situation, the accounting department withholds child support from the payer's final earnings and transfers them to the claimant. The term in this case is the same - for three days. After the dismissal of the alimony payer, the accounting department is obliged to notify the bailiffs and the recipient of these funds. The writ of execution may be transferred to the new place of employment of the debtor or sent to bailiffs. The organization must complete this action up to three days after the termination of employment with the debtor. You also need to know about this.

general characteristics

child support settlement

Once again, it is necessary to return to the question of how many days after the salary the alimony is transferred to the recipient? The law regulates this issue quite strictly. It is for this reason that the organization is obliged to transfer funds to the recipient within three days after the latter receives the earnings.

In the event that the head of the organization or accounting does not take seriously the fulfillment of their obligations, then they may expect troubles with the law. In a number of cases, those guilty of malicious non-enforcement of a decision of the judicial authority are held accountable.

In general, child support is a mandatory payment to any member of the family in need of material support. Therefore, not only children have the right to receive maintenance from their parents, but also their spouses (in case of disability or until the child is three years old). This is really very important.

Moreover, in recent years, cases of collecting alimony for the maintenance of elderly parents, which due to their old age cannot fully support themselves, have become more frequent in judicial practice. In this case, the obligation to maintain the latter is imposed on adult children.

If it does not work officially

In practice, it very often happens that a child support payer does not work at any enterprise. Moreover, he hides his income and does not want to pay money to his own children. In this case, the question no longer arises as to whether child support arrives on a payday or later. After all, women are worried about something else here: why does the former spouse not want to provide material support to her own children? The answer to this question is not always found.

Moreover, many men believe that when they part with their spouse, they will pay child support to her, and not to their children. Nevertheless, bailiffs with such debtors do not conduct long conversations. Alimony is the last to be calculated on the basis of the average salary in Russia, and if there is a substantial debt, their driver’s license is taken from them. Moreover, a father who does not pay by court order funds for the maintenance of his own children is unlikely to ever be able to go abroad. Therefore, in a similar situation, there are much more minuses than pluses.

Conclusion

So, how many days can I delay child support payments? This is a very interesting question. All alimony payers must be aware that these funds must be paid no later than three days after the latter transfers the salary. After all, the money goes to support their own children, who are legally entitled to receive monthly maintenance from both parents. However, few people remember this.Most often, one mother contains children, while the father not only does not pay child support, but also does not want to participate in the lives of his own children.


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