In most cases, child support is awarded by the judiciary based on the payer's official earnings. Most often they are paid in percentage terms depending on the number of minor children (25% for one, 33% for two, 50% of income for three or more). Nevertheless, many women raising babies alone after a divorce from her husband are concerned about whether child support can be less than the cost of living. After all, only a mother who receives a small salary will not be able to provide kids with everything necessary. What to do in that situation if the amount of transfers is quite small and it is not enough even to pay for the minimum maintenance of children? Answers to these questions will be given in this article.
A little about the main thing
The payment of funds for the maintenance of their own children is a very serious problem for many fathers who, for whatever reason, have ended their relationship with their ex-spouse. It’s good if dad is a decent person who loves his child, communicates with him, is interested in his life and helps financially than he can (buys things, groceries, pays for educational services). But if the situation is completely different? Indeed, it often happens that a father does not only want to see his own child and communicate with him, but does not even want to transfer the funds of his former lover for the maintenance of their common offspring. And this happens in most cases.
Currently, many women with children are concerned about whether child support can be less than the cost of living. It is quite possible. After all, not all fathers have high wages. There are also alimony payers who work in private firms whose leaders hide the real earnings of their employees. Therefore, getting decent money to support children from such fathers is almost impossible.
About the concept
So what is a living wage? This is a certain amount of funds needed to buy food and clothing, as well as pay utility bills and transportation costs. If we talk about the cost of living per child, then this also includes the costs of his education. Because you have to pay monthly for a kindergarten, you need to pay a certain fee for visiting some private educational institutions where additional classes are conducted with children (for example, foreign language courses).
In a number of regions of our state, the cost of living for children does not exceed ten thousand rubles. Nevertheless, in Moscow it reaches 14,000. Thus, in order for the pope to pay child support in such an amount, he needs to earn a lot.
Frequently asked Questions
So, most women after separation from their husbands face material difficulties. Many representatives of the beautiful half of humanity did not think at all that they would have to take care of the baby on their own without the help of a spouse. After all, not all women have a well-paid job. While the father of the baby can be a very wealthy person, but to pay for the maintenance of the child is very small.
Therefore, mothers who find themselves in a similar situation are often interested in the question of whether child support can be less than the cost of living. Now in our country it is quite possible.After all, no normative act contains the minimum or maximum amount that a father must transfer monthly to provide for his own child. Therefore, if the latter has an official salary of thirty thousand rubles, then for one baby he will pay only 7,500 rubles, which, accordingly, does not even reach a living wage.
Additionally
What can a woman do to ensure that a man transfers a sufficient amount of money to support a child? First, she needs to file for alimony. As a rule, the judiciary most often assigns payments as a percentage. What does it mean?
Under family law, a man will transfer funds to his ex-wife based on the number of common children. For example, one is supposed to transfer 1/4 of all income monthly, for two - 1/3, for three or more - half the amount of all official income.
Can child support be less than the cost of living if the father does not work anywhere? Unfortunately, in such a situation, the amount of funds for the maintenance of children will be calculated from the average salary in Russia. In practice, this scares many alimony payers. After all, if a person does not work anywhere, then he does not have the means to pay the debt. This means that the latter is in arrears. In this case, the bailiffs are calculating the funds for the maintenance of children. Based on the fact that the average salary in Russia is thirty-odd thousand, the amount of alimony in this case also does not reach a living wage for one child.
Actions
So, what should the mother of the baby do if the father does not want to help the former family financially? In addition, many dads pay child support less than the cost of living, can they be increased somehow? After all, with rising prices, not only the cost of the products needed to feed the baby increases, but also the fee for the kindergarten or sports section.
How to be a woman raising a child alone? What can be done if child support is less than the cost of living? What if the ex-spouse has a small official income? In this case, you need to go to court to determine the amount of alimony in a fixed amount. It will be necessary to write a statement addressed to the justice of the peace in free form and attach documents (copies of receipts) that would confirm all the costs of the child that are carried out by only one of the parents.
Do not forget that when collecting funds for providing children in a fixed amount, the judicial authority always takes into account the material situation of the parties. Therefore, if child support is withheld from the official income of the payer, and other documents that would confirm that the latter has higher earnings are not presented at the meeting, then everything will remain as it is. Nevertheless, you should still try to implement this procedure.
What other situations are there?
Of course, sometimes it happens that a man leaves one woman for another and creates a new family with her, where a child is born. New wives very often set up their husbands so that they absolutely do not want to support their children from their former spouse. In addition, some women who are married to a man apply for child support only so that the first wife receives less money to support her child. But what to do in such a situation? At the process, you need to provide all the evidence that her ex-husband lives with a new family and fully provides them. You can use the help of witnesses. After all, the former spouses probably have common acquaintances with whom they maintain a relationship. Only in this way will a child from his first marriage be able to receive from his father a more or less decent amount of funds until he comes of age.
Only part
Children require constant material costs, and most often they fall on the shoulders of the parent with whom the children live.Most often, this is a mother, left after a divorce, alone with her child or children and with material problems. In turn, the ex-spouse pays very little for maintenance of the kids or does not pay at all. What should a woman do in such a situation? If child support is less than the subsistence minimum of the child, then you need to ask the court to establish them in such an amount that would be enough to fully provide the minor. In this case, the court will take into account the amount that is already paid by the father for the maintenance of his offspring. Moreover, the amount of alimony can be assigned in an amount equal to the subsistence minimum or some part of it, for example, half. After all, the parent with whom the child lives must also provide for him. Moreover, if the former spouse has children and a wife, then his ex-lover should not count on large payments. Especially if the man is a simple worker, and not the head of the company.
Reminder
Do not forget that the family law spells out only the obligation of parents to support their children until they come of age. But nothing is said about the maximum or minimum amount of alimony in the RF IC. Therefore, based on the current norms of the law, one of the parents must pay the other for the maintenance of children 25, 33 or 50 percent of their income, depending on the number of minor offspring. Or transfer the amount that is enshrined in the judicial act of the court.
If there is an agreement
When there is an agreement that is certified by a notary, then in it the parties can independently change the amount of payments. For example, add to this agreement a condition that the ex-spouse transfers monthly alimony of at least a living wage on child support. Moreover, citizens can independently register in the notarial agreement the amount that will be enough to satisfy all the needs of the child. Do not also forget that this document has the same force as the writ of execution.
Therefore, if the father begins to transfer alimony less than the subsistence minimum, then the baby's mother will be able to turn to the bailiffs for the enforcement of debt.
Sanctions
It’s not a secret to anyone that there is a criminal liability for non-payment of alimony. Therefore, if the ex-husband begins to evade the provision of the child, he will be punished for this. For example, the latter may be imprisoned for one year. Then get a criminal record and other troubles with the law.
Many women are also interested in the question of whether the ex-husband will be punished if he pays alimony less than the subsistence level. Practice shows that a person is held accountable only when he does not list the funds necessary to provide for children at all. Therefore, if a man pays at least some amount for the maintenance of his offspring, then he will not have problems with the law.
Total
Children are a continuation of the species and flowers of life, therefore they need to be taken care of and provided financially. In addition, each child wants to have a complete family, where he will have mom and dad. If the parents did not succeed in a joint life and the spouses divorced, then they should maintain relations at least for the sake of their children.
Moreover, dad is obliged to help his child financially. He must transfer funds to support the baby at least in the form of a small amount. If the ex-husband pays alimony less than the living wage, while having substantial incomes, then the child's mother needs to write a statement to the court to increase the amount of funds received. To do this, gather evidence that the latter really has no material problems.
If the amount of alimony is less than the living wage, but the payer himself lives on only one salary, then a more impressive amount of money will not be received from him.