Former husband stopped paying child support? What to do? In fact, answering this question is not so easy. Indeed, modern life is multifaceted. And each situation is individual. Next, we will consider all possible information and algorithms for actions in case of problems with receiving child support. What to look for first?
Alimony is ...
First of all, we’ll try to understand whether the former spouse should pay at all. And what is child support?
So called payments for the maintenance of a needy relative (spouse, parent, child). Typically, funds are allocated monthly in one way or another.
Should ex-spouse pay? Article 80 of the RF IC indicates that:
Parents are required to support their minor children. The procedure and form for the provision of maintenance to minor children is determined by the parents themselves.
Divorce does not affect parental obligations. Even after the dissolution of the marriage, the spouses remain legal representatives of the minor.
If we talk about adult children, then in the UK it is written:
Parents are required to support their disabled adult children in need of assistance.
That is, you will have to pay for any disabled and needy child. Former husband stopped paying child support? What to do?
About the amount of payments
First, we’ll try to understand how much to pay in a particular case. The current legislation of the Russian Federation indicates that alimony is assigned in different sizes.
For example:
- as a percentage of salary;
- in a fixed amount.
In the first case you have to pay:
- ¼ of monthly income - per 1 child;
- 33% - for 2 children;
- ½ of the income - in the presence of 3 or more children.
This is the minimum that each parent must list for interest payments. They can be reduced, but this is extremely problematic.
In the case of fixed amounts, all incomes of the alimony, as well as the needs of children and the cost of living in the region where the family lives, will be taken into account. It is advisable to choose this option if the spouse has a “gray” salary.
Assignment Methods
Former husband stopped paying child support? What to do? As already mentioned, it all depends on the circumstances.
It is worth paying attention to the fact that the form of assignment of alimony payments plays a huge role.
Today in Russia alimony can be paid:
- by oral agreement;
- in view of the conclusion of a peace agreement;
- By the tribunal's decision.
Accordingly, the algorithm of actions depends on how the parents settled the financial issue. Former husband stopped paying child support? Next, we consider each scenario.
Whatever the circumstances
First of all, the potential recipient of funds should find out what is the matter. Indeed, sometimes the termination of payments has a reason. For example, the alimony had problems with work or health. These events do not cancel parental obligations for the maintenance of children, but they will have to wait.
Unfortunately, usually the cessation of child support payments is a voluntary decision of the former spouse. He either simply does not want to be responsible for the child, or acts to annoy his spouse, or tries to avoid additional costs when a new family or woman appears.
Former husband stopped paying child support? What to do? It is worthwhile not only to find out why this happened, but also to conduct an explanatory conversation with your spouse - to explain why the child needs money.It is possible that after some time the second parent will resume payments. That did not happen? Then you have to act depending on the situation.
Oral arrangement and financial support
This alignment is considered the most unsafe. The thing is that in the course of it, parents divorce verbally discuss all the features of paying child support - how much and when to allocate money. This is an unofficial method of action.
Former husband stopped paying child support? What to do? In this case, you will have to talk with your spouse. Next - offer to conclude a peace agreement and recall responsibility for the child. If this does not help, threaten the court and the official appointment of alimony.
Some men are doing everything to deprive them of parental rights, believing that this will free them from alimony. But this is not so. In case of deprivation of parental rights in the future, the parent will not be able to demand child support from able-bodied adult children. But no one withdraws child support obligations from the legal representative of the child. You still have to pay.
Peaceful agreement
Former husband stopped paying child support? Where to go If there was a peace agreement, it is advisable to immediately go to court. With the correct conclusion of the agreement of the established form, the document will have legal force. So, it will be possible to recover child support through the court.
The peace agreement on the payment of alimony is concluded with a notary. This document actually duplicates the spouses ’oral agreement regarding the issue being studied, but with legal guarantees.
To conclude such an agreement, you will need to go to a notary's office and take with you:
- child support agreement;
- passports of the parties;
- birth certificates of all children;
- marriage / divorce certificate (if any).
It'll be enough. Also, under a peace agreement, it is possible to transfer property to the child on account of alimony. But this is an extremely rare scenario.
Judgment
Former husband stopped paying child support? What to do? In Russia, such questions arise quite often. Especially in families where parents divorced with serious conflicts. They usually suffer children.
Having a court order granting child support is the safest way to go. Under him, the parent-recipient of the funds has quite a few leverage over the negligent former spouse.
Most often, it is recommended that you simply go to court to enforce child support. It is advisable to first talk with her husband and clarify the situation. All dialogs (and their avoidance) are recommended to be fixed.
Where exactly to go
Many people have a question as to which court they will have to turn to to resolve child support disputes.
The following options are possible here:
- magistrates courts - when considering only questions about the payment of alimony;
- district courts - if there are disputes regarding the residence of children and their communication with the second spouse.
You can apply either to the judicial authority at the registration of the recipient of the money, or to the court at the place of residence of the alimony.
Types of paperwork
Former husband stopped paying child support? What to do? The first stage is an appeal to the courts. It is worth paying attention to the fact that citizens may encounter 2 types of paperwork.
Namely:
- Clerical proceedings - carried out only in the presence of a judge, without the participation of the plaintiff and defendant, entails the appointment of alimony as a percentage of the alimony's earnings
- action proceedings - a meeting is held during which the opinions of the parties to the dispute are examined, as well as the papers presented, the amount of alimony can be determined both in percent and in a fixed amount.
The first option is quick, but it is not suitable for everyone. Therefore, in practice, most often mothers go to court with a suit of the established form.
About court documents
Former husband stopped paying child support? What documents are needed to file a lawsuit? Immediately consider the situation when maintenance obligations have already been assigned by the judicial authority.
The list of required securities for a claim includes:
- passports of parents;
- birth certificates of all common children;
- marriage / divorce certificate (if any);
- certificate of family composition;
- calculation of the amount of alimony with justification of expenses (or writ of execution / previous court decision);
- all sources of income of the defendant (with evidence);
- a certificate from the place of work of the former spouse (or an application for the search for the place of employment of the husband);
- statements indicating debt for child support;
- a certificate of residence of the defendant (or a request for the search for the former spouse);
- other evidence indicating evasion of parental obligations.
A similar package of documents is needed when applying to the court for the initial appointment of alimony. Additionally, in the presence of a court order and debts, you can recover a penalty from the defaulter.
Writ of execution and lack of payments
Former husband stopped paying child support payments? In such circumstances, you can either go to court again or go straight to the local bailiff service. The second layout is more preferable.
As soon as the writ of execution has been submitted to the FSSP, it remains only to wait. The specified body will forcibly collect money from the alimony. Or there will be an arrest of his property.
Employers
Former husband stopped paying child support? What to do? If the mother has a court decision / writ of execution, and she also knows where the spouse works, you can contact the employer directly. This technique is sometimes faster than a visit to the bailiff service.
The employer must withhold child support from the debtor's salary. If this does not happen, the only way is to go to the FSSP. But, as a rule, conscientious employers fulfill their duties.
Deprivation of paternity
There is one more lever of influence on the child support debtor. It is about deprivation of paternity. Typically, this alignment takes place after the accumulation of the former spouse of a large debt, created intentionally.
The mother of the minor must receive a writ of execution in her hands, then go to court to recover the debt, and also file a lawsuit to deprive her father of her rights. To achieve this goal, you will need the previously listed package of securities.