Many citizens are thinking about how to pay child support. This issue is mainly of interest to men, because it is they who are the most common category of payers. In particular, with a divorce and the presence of minor children. Today we have to understand how alimony is assigned and paid. What should every citizen know about this process? What features of the process to pay attention to? Finding answers to these questions is much easier than it sounds. Especially if you carefully study modern legislation.
Alimony is ...
How to pay child support? Before answering this question, it is necessary to fully understand what kind of money is involved.
Alimony is regularly issued money for the maintenance of a person. For example, a spouse, parent, or children. It is the latter scenario in practice that occurs most often. On his example, the situation with child support will be considered. In reality, everything is much simpler than it seems. Especially if the couple were able to divorce without too much debate.
Payment Methods
You need to be able to properly pay child support. The thing is that the transferred funds must be spent directly on minors. In addition, all deductions are fixed, the relevant records can be used in court.
You can pay child support:
- voluntarily;
- in court.
In addition, money can be transferred in case of voluntary agreement:
- without agreement, in words;
- using a peace treaty.
It is the second option that is considered the most acceptable. If alimony is paid only by verbal agreement, the parties are not protected in any way. The child may not receive the money laid to him, and the payer will not be able to prove that he paid for the maintenance of the minor. Unfortunately, most often child support disputes are resolved in court.
how many
How to pay child support? An important point is the question regarding the size of payments. What is this about?
Depending on the situation, a citizen is assigned a particular amount of alimony by court or by peace agreement. It will change, it can be indexed. This is a normal occurrence.
To date, child support is paid:
- in a fixed amount not tied to earnings;
- as a percentage of the payer's profit.
Moreover, in the first case, the citizen will transfer the money that is specified in the contract or appointed by the court. In the second - child support is paid depending on the number of children.
Thus, in Russia you can count on:
- 25% of the payer's income - per 1 child;
- 33% of profit - for 2 children;
- 50% of earnings - for 3 or more minors.
Such restrictions are currently in force in Russia by law. In fact, it is not necessary to pay this or that money every month. You can rid yourself of maintenance obligations in one interesting way.
Expression of alimony
Which one? How to pay child support? It is not difficult to do this. Especially with a voluntary decision. The main thing is to document everything. How to do this will be discussed later.
Every citizen should know that child support is not only money. We can say that this is a kind of content of a citizen. In our case, a child. Under certain circumstances, monthly payments are not necessary. But at what exactly?
Money can sometimes be replaced. Most often this is possible with a peace agreement.So, alimony can be expressed:
- money
- specific material things for the child;
- property.
For example, a parent transfers ownership of an apartment to a minor. Then alimony can not be paid, because the maintenance of the child will be expressed by the transfer of real estate. This is not the most common, but the practice is taking place.
Who pays
How to pay child support? The procedure is quite simple. Especially if there is no enmity between people. They can agree among themselves verbally on the payment of a specific amount of money. After that, it is better to use non-cash bank transfers. They help fix all the listings.
Who will pay child support? It all depends on the circumstances. Most often in Russia it is:
- spouse with whom the child does not live;
- able-bodied adult child.
A distinctive feature of alimony is that they are assigned to all citizens. Even a person’s lack of work does not serve as a basis for exemption from payments. They will be assigned from all income received by a citizen (for example, withheld from benefits and pensions). If there is no profit, sooner or later the payer will form a debt. This will lead to the fact that until the debt is repaid, a person will not be able to drive a car or travel outside the village. So in the country they fight with defaulters.
The procedure for concluding a peace agreement
Now a little about how and when child support is paid correctly. Let's start by concluding a peace agreement. As already mentioned, this is the most suitable solution that can get rid of most problems.
Most often, voluntary child support payments occur without trial. The citizen must adhere to the following algorithm of actions:
- Agree with your spouse on a specific amount that will be transferred to the child’s account. You can replace it with real estate or other material goods.
- Draw up a peace agreement to pay child support. It mandatory prescribed all the features of the process. For example, the amount of alimony and the due date.
- Collect a specific package of documents. About it will be told later.
- Contact a notary with a package of papers, as well as with the contract. Sign the agreement in the presence of an authorized person.
That's all. From the moment of conclusion of the contract, you just need to comply with its terms. Most often, money is sent either by mail or by bank transfer. Cash alimony is extremely rare, since it is problematic to record such cash flows. How to pay child support through mail? To do this, you will have to make translations with notifications. Otherwise, the citizen risks not receiving evidence of payments.
Documents for a notary
How to pay child support? If you do not work officially, you can agree with your spouse on the voluntary transfer of money. Such a decision is the most logical and honest.
As already mentioned, a peace agreement is signed only in the presence of a notary. To do this, he must be provided with:
- certificates of income of the payer;
- child support agreement;
- marriage / divorce certificate;
- passports of the parties;
- birth certificates of all children.
In addition, you will have to pay for notary services. If the peace agreement has not been drawn up earlier, for a fee, an authorized person will be able to bring the idea to life. It will help to create a legally competent document.
Court
How to pay child support? This is voluntarily done either by verbal agreement without any guarantees, or by concluding a corresponding agreement with a notary. Only such a solution is not found very often in practice.
A more common option is to pay child support in court. Only this arrangement is considered the safest. The parent with whom the child is left must file a claim with the court for the appropriation of alimony.
This will require:
- statement of the established form;
- passport;
- divorce / marriage certificate (if any);
- birth certificates of all children;
- documents proving the relationship between citizens;
- statements of income of the defendant.
After filing a lawsuit, a court session is scheduled. Usually child support is served during a divorce. The court will study all the materials provided, after which it will give people time to resolve the issue peacefully. At this point, you can conclude an agreement on the voluntary payment of alimony. At the second hearing, a final decision will be made. The plaintiff will be issued a writ of execution, which will serve as a guarantee of the payment of alimony from the defendant.
Court and Peace
How to pay child support yourself? If a similar question arose after the start of the judicial debate, a citizen has the right to a peaceful settlement of the case. As noted earlier, it is necessary to agree with the plaintiff amicably on the payment of alimony. This is given some time.
In order for the court to recognize the peaceful resolution of the issue, it is necessary to draw up a peace agreement on the payment of alimony. It spells out all the features and nuances of money transfer (terms, amounts, indexation, and so on), after which the document is presented at the next meeting of the judicial authorities. The court records the fact of reconciliation, after which the agreement of citizens is registered. There is nothing difficult or special about this.
Money Transfer Methods
An important point is the fact of transferring funds for the maintenance of a citizen. It is important to understand that voluntary child support payments not regulated by a court or a peace agreement are significant risks. Judicial authorities often do not consider such transfers as alimony. Therefore, the payer will have to fix all the regular deductions to the child’s account.
Some are wondering how to translate child support. Today there are a huge number of scenarios. Permitted:
- use postal order;
- transfer money by wire transfer;
- personally transfer funds (preferably on receipt or with notice);
- Pay child support through a representative or third party.
Important: in the money transfer, the purpose of the payment must be indicated. For example, "for the maintenance of a minor child." Otherwise, the transfers will be regarded as ordinary expenses incurred at the will of the payer.
Summary
Now it’s clear how to pay child support. Unemployed or not - this is not so important. The main thing is that no one is exempted from this obligation, if it concerns children or parents in need.
It is recommended to conclude a peace agreement with a notary. Such a technique will save you from judicial debate. In addition, in this case, you can agree amicably on all the features of the payments. The main thing is not to delay the means due to children under the law.
Not necessarily child support paid monthly. With especially large sizes, such transfers can be either regular (with a certain periodicity) or single. Sometimes citizens relieve themselves of the obligation to support children by transferring to them ownership of a property.