Each parent has certain obligations to their children. And even if the couple divorces, the father must still financially support his former family. To do this, the law provides for the payment of certain funds. How is child support calculated if the father does not work? The issue is quite complicated, but today there is a well-established legal mechanism to resolve it. So, when applying to the judiciary, it is possible, subject to some efforts, to receive money for the maintenance of the child. What exactly should be done? The answer to this and other equally interesting questions can be found in this article.
Collecting alimony from the unemployed
As noted above, the legislator today one way or another provides for a situation where an individual obliged to pay child support does not work on a regular basis or is not officially employed. So, there is a well-established legal mechanism for obtaining forced content from a non-working person. Alimony from the unemployed father can be recovered immediately after studying certain norms of legislative acts. The main ones are the Family Code, the Criminal Code and the Law on Enforcement Proceedings. It is worth noting that with a detailed acquaintance with them, it becomes possible to independently perform a number of actions that simply force a negligent parent to help financially in the maintenance of the child.
How to pay child support to the unemployed? It should be added to the above that the norms will work only when the alimony has real money, specific income or property complexes that can be exacted. In the case when a citizen is below the poverty line, in other words, has neither property nor money, collecting child support is an unsolvable problem.
Practical aspect
How to pay child support to the unemployed? As it turned out, it is possible to recover child support payments only when the father is not below the poverty line (in other words, he has some money or property). This raises the question: where can a citizen have money if he does not work? Everything is extremely simple! Funds for alimony, if the father does not work officially, can be collected directly from its income. This happens if he carries out labor activities informally or works as an individual entrepreneur. In the second case, trade, rental of real estate, and so on, has become widespread today.
Alimony for minor children is also appropriate if the careless parent has certain property complexes. So, the bailiff is endowed with the absolute right to arrest and sell them directly at the auction. Bright examples of property can be apartments or houses, garages or summer cottages, household appliances or cars. It is important to add that the dwelling in which the debtor is registered and resides is not taken into account.
Are there any specific amounts?
How is child support calculated if the father does not work? Today, the answer to this question worries many mothers.And this is not surprising, because it often happens that a citizen is not officially employed, and refuses to voluntarily help his own child.
So, in accordance with article 81 of the Russian Family Code, norms for the forced maintenance of a child are formed directly from the share of salary. Alimony in a fixed amount of money (a sample application, as well as its execution are presented below) in accordance with the same legislative act takes place when the income of the father is unstable.
Amounts of earnings
How is child support calculated if the father does not work? It is important to note that when collecting debt for alimony payments (or according to an act drawn up by the judicial authorities), a specific figure, one way or another, is determined based on the amount of wages for the period when the child was not paid maintenance.
Then, when the parent did not work or does not provide the judicial authorities with documentation confirming that he nevertheless carried out some labor activity, the debt is calculated in accordance with the average salary throughout Russia. The average salary for the maintenance of a child by decision of the judiciary is taken as a basis in the case when a person does not have an official (in other words, a permanent) workplace.
Thus, 25 percent of wages are considered monthly for one child, 33 percent for two, and 50 percent for three (but no more). It is important to add that withholding more than half of wages is prohibited by law. This provision argues that the amount remains the same for three, four or even five children. It is interesting to know that the court decision on the recovery of alimony can be supplemented by information on the increase or decrease in the given shares. It necessarily takes into account the material and marital status of the parties, as well as other, no less important circumstances. This provision is spelled out directly in article 81 of the Russian Family Code.
Father does not officially work. How to calculate child support? According to specialists, in 2016 the average salary in the Russian Federation was equal to 65,000 rubles. So, from an unemployed father for the maintenance of one child, 25 percent are forcibly kept - 16,250 rubles, for two - 19,500 rubles, for three or more children - 32,500 rubles. It is logical that in case of an increase in the average salary in Russia, the amount of alimentary payments will also increase in direct proportion.
Gross Amount
How is child support calculated if the father does not work? Today, the judiciary is often assigned a fixed amount in cases where it is difficult to determine the share of the father’s earnings. This may be caused by the lack of wages, its instability or in kind. In addition, today it is quite common to accrue funds for labor in other currencies. Thus, those withholding maintenance payments, as well as the bailiff, take the responsibility to monitor directly the indexation of the content. In the event of an increase in the subsistence minimum, the amount for compulsory maintenance should accordingly increase.
Drawing up a claim
In order to correctly draw up a child support statement in a fixed amount of money, you must have the information in Article 131 of the Russian Code of Civil Procedure. It forms the structure of the claim and, of course, its obligatory elements, which include the following:
- Name of the relevant judicial authority.
- Surname, name, patronymic, as well as address information regarding the plaintiff (the individual filing the application with the judicial authorities).
- Surname, name, patronymic, as well as address information regarding the defendant (the person who is directly responsible for making maintenance payments).
- Indication of the violated rights and legitimate interests of the plaintiff.
- The demand for the payment of alimony, as well as an explanation of the circumstances and the presentation of facts that prove its absolute validity.
- The price of the statement of claim (together with the calculation of the value) is nothing more than the annual aggregate of payments recoverable on a monthly basis.As a rule, their size is determined like a multiple of the cost of living per child in the region.
- List of attached documentation.
Content Retrieval Procedure
Before the practical implementation of the procedure, it is necessary to officially declare your own desire and intention to receive the required funds directly for the maintenance of the family. In Russian civil law, to exercise this right, it is necessary to take extremely active actions. The list of such includes an appeal to the relevant state bodies, execution of the application, and also, if necessary, an additional agreement. Indeed, one way or another, no one is obligated to protect the rights of an adult capable individual, as well as children who have parents. Therefore, in order to receive alimony payments, a parent has, as a rule, to exert maximum efforts to defend his rights.
The first step in such a crucial procedure is nothing more than a voluntary agreement. It is important to note that this method is the most inexpensive in terms of time, effort and, of course, nerves. In such a case, you only need to agree directly on the amount of alimony and the timing of their receipt. The agreement here is an alimentary agreement. It is endowed with legal force and, as a rule, is certified by the judicial authorities. It should be added that the minimum amount of alimony in 2017 is the cost of living per child. When carrying out an operation, this provision must also be guided.
Going to court
Then, when the debtor does not express a desire to support his own child (or several children), their interests are protected by law. So, alimony payments are collected in a compulsory manner, and in case of evasion of the corresponding debt to the negligent parent, as a rule, criminal liability is provided. It is important to note that persons with the right to file a lawsuit with the court are entitled to receive material support from their families on the basis of the law. This includes children under eighteen years of age or children with disabilities who are unable to provide for themselves; an official spouse who is on maternity leave or is at the stage of pregnancy; needy parents, sisters and brothers, grandparents, stepmother and stepfather, as well as grandchildren.
It is necessary to add that the mechanism corresponding to the compulsory provision of support by the unemployed is launched directly from the receipt of a judicial act in the form of a decision or order. The collection of funds is also carried out immediately from the date of the decision. If at the moment the debtor does not have official employment or permanent work, it is necessary to wait for his employment, receipt of any other kind of income or property (for example, inheritance). The bailiff agrees to take measures to recover the content, which includes the debt, which was formed immediately from the moment the judicial act was adopted. It must be remembered that for the implementation of the event, a judicial decision must necessarily be in the hands.
Enforcement
The next step in relation to the general procedure is the forced collection of alimony payments (in the case of an unemployed father, the average salary in the Russian Federation serves as the basis for calculating alimony). It should be noted that specific amounts to provide for the family of their own child, as a rule, are collected by the bailiff. As an official, he has the right to own any information about bank deposits and property of the defendant. As a rule, tax authorities provide some assistance to the official representative.
It is important to know that the bailiff's initial attention is drawn directly to the funds that are kept by the alimony in banking institutions.
It must be added that the minimum amount of alimony in 2017 is the cost of living for one child. If finance is not enough, then the defendant’s property complexes are seized, they are sold at auction, and the proceeds go directly to the claimant. The above measures are clearly formulated in the law “On Enforcement Proceedings”.
Legal liability and legal mechanism
Then, when the debtor intentionally does not want to provide for the maintenance of the family of his own child, as a rule, the norms of the Criminal Code are used. In accordance with them, for deliberate actions to evade the maintenance of a child who is under the age of eighteen or an elderly parent, the law, in one way or another, punishes directly for up to three months in the form of arrest or for up to one year in the form of forced or executive works. In addition, in the latter case, deprivation of liberty is also appropriate, which occurs much less frequently, but in some cases it is used in practice.
It is important to add that the bailiff has the absolute right to institute criminal proceedings. However, in any case, he undertakes to provide the defendant with the opportunity to voluntarily cover the debt to the family of his own child (most often this is what happens). If the debtor decides to abscond, he must be put on the wanted list. In addition, the defendant, one way or another, will be prevented if he intends to leave the state. So, in such a situation, it is easiest to solve the problem of alimentary payments amicably.
It should be noted that the following legal mechanism for collecting child support payments from the unemployed is relevant today, which will serve as an excellent generalization of the article:
- Obtaining a judicial act (decision or order).
- Direct appeal to the bailiff. So, he will try his best to take the necessary and mandatory measures to receive money from the debtor to support the family where his own child is being raised.
- The establishment by the judicial authorities of a specific amount of content This operation is performed based on the average wage in the Russian Federation, as well as the number of children who need financial support from the father himself.
- Then, when it is very difficult, or even impossible, to calculate the amount for maintenance in accordance with the wage shares (due to the citizen’s lack of work, payment of wages directly in kind, or accrual of funds in the currency of another country, if implemented labor activity at a foreign enterprise) or recovery directly for two family members, the judicial authorities in any case determine the specific amount of alimony payments. It is important to add that, one way or another, under such circumstances, the amount is subject to indexation in direct proportion to the increase in the cost of living.