Is child support from the sale of an apartment a reality or a fairy tale? We will have to understand this topic further. As practice shows, issues related to maintenance obligations bring a lot of trouble to the population. Especially when it comes to underage recipients. That is, when the couple divorces in the presence of common children. Next, we will consider all the features of the receipt and collection of alimony in Russia. What to look for first? What are the scenarios?
Definition and purpose
Does an alimony from the sale of an apartment really exist? Or is this another invention that was invented in order to intimidate alimony?
To correctly answer this question, you will have to study all the features of the purpose of alimony payments. First, get acquainted with the definition of the corresponding term.
Alimony - regular cash payments that are transferred to the use of a needy relative. Typically, parents, spouses and children are eligible for appropriate financial assistance.
A lot of controversy arises from a divorce from minor children. Parents are required by law to support their babies to the fullest. The parent with whom the children do not stay should pay child support. Most often, the alimony is the father / spouse.
Production methods
Do I have to pay child support for the sale of an apartment? To begin, consider the possible ways to obtain the appropriate payments.
So far, practice has identified the following methods of receiving alimony funds:
- by agreement between the parties;
- through a peace agreement;
- through a court decision;
- enforced collection.
In fact, the answer to the question we are studying directly depends on the method chosen for receiving financial assistance from relatives. In addition, the frequency of the profit from the property plays a role.
Only in words
So, do child support from the sale of an apartment be paid if citizens simply agreed among themselves on the topic being studied?
The fact is that such a decision has no legal force. Officially, child support is not paid in this case. Therefore, it is impossible to demand money from the sale of property of the alimony.
Nevertheless, the payer of the corresponding payments can allocate them to the recipient from any of his income. And when selling property, the money earned is sometimes voluntarily transferred to those to whom child support is intended.
Forcing to this act does not work. And through the court as well. After all, while there was no official assignment of alimony payments, it will not be possible to demand appropriate support in the compulsory order.
By peace and harmony
Are child support payments for apartment sales? Understanding this issue is not as easy as it seems. After all, it all depends on how funds are credited to support a needy relative.
In Russia, the issue under study can be settled peacefully. To do this, you will have to conclude a peace agreement. It is signed by a notary.
Payment of alimony from the sale of an apartment in this case also does not take place. But citizens can agree on a one-time payment in large amounts at the expense of all alimony or part thereof. And where the money from the alimony will come from - this is not so important.
As a rule, in order to pay a lump sum of money as alimony, some sell property. Real estate and cars. In this case, the funds received will be transferred to the alimony account of the good will of the citizen.But it is still impossible to force the transfer of the corresponding income.
Judicial only
Is paying child support required or not? For example, if child support payments are made in an official manner, that is, through a court?
This is the safest scenario. In this case, money will be collected from the payer from the moment the claimant appeals to the judicial authority. This arrangement gives the recipient more money.
But alimony from the sale of an apartment in this situation, as practice shows, is not paid. When considering the relevant statement of claim, only the regular income of the citizen is taken into account. Selling property is a one-time profit. And under no circumstances will she be advertised in court.
Enforcement type enforcement
Are child support payments on apartment sales? Under current law, when considering a claim for alimony, only the regular income of the payer is taken into account. Sale of property - one-time income. Accordingly, lawyers will answer that there is no need to pay child support from this type of profit.
But this does not always happen. The situation is seriously changing when it comes to the enforcement of child support payments. Do I have to pay child support for the sale of an apartment?
Not really. Bailiffs may seize property of debtors. After this, the sale of the property of the debtor occurs. The proceeds are transferred to pay alimony. If after repayment of the debt any funds remain, they will be transferred to the former owner of the sold housing.
In fact, this is the payment of alimony from the sale of an apartment. But it is carried out by force.
Unexpected charges
What if a citizen is a debtor of alimony? What methods of collecting funds are waiting for him?
Sometimes it happens that a person simply does not pay child support, sells property, and transfers money from the transaction to a bank account.
In these circumstances, bailiffs can write off child support debt from a bank account. And it doesn’t matter how this or that means came to him. That is, in fact, a person will pay the debt to children and other relatives in need of the sale of real estate. But not on a voluntary basis.
Regular income
We found out how real child support from the sale of an apartment. This is not the most common scenario. But it takes place during the forced collection of funds.
Under current laws, citizens are required to transfer money for alimony from regular income. These are situations in which profits are transferred from 2 times or more.
For example, if the owner rents an apartment on a regular basis. Then alimony payments will be levied on the related income. A similar statement does not apply to the sale of property at a time. Do I have to pay child support for the sale of an apartment? No, since this kind of decision is not considered a regular profit.
Arbitrage practice
And what do the judges say about the topic being studied? In fact, everything is not as difficult to understand as it seems.
Are child support payments for apartment sales? Judicial practice very often encounters such issues.
Judges say that theoretically a payer of alimony can (but is not required to) transfer financial assistance from any sources of income. During the trial, only permanent methods of making a profit are taken into account. And where will the alimony come from in the end - this is the work of the alimony.
That is, he, of his own free will, can transfer to the recipient, on account of alimony (necessarily with the corresponding comment), a part of the income from the sale of property. Home sales are also included here. In addition, it is allowed to close debts until the enforcement of the arrest of property from any of their money.Sometimes the debtor’s money suddenly appears precisely due to the sale of real estate.
How to demand child support in court?
Are child support payments for apartment sales? Judicial practice indicates that sometimes this happens. But, as a rule, in the form of exceptions and during enforcement.
How can I claim child support and debts on them? Have to appeal to the district court. The world judicial authorities have to file lawsuits when there are disputes regarding the communication and residence of children with one parent or another.
- Collection of documents for a particular claim.
- Filing a claim for the appointment / collection of alimony / debts.
- Participation in the hearing.
- Getting a court decision on hand.
If a citizen collects debt on alimony, then he will be issued a writ of execution. After the described actions, he will have to go to the bailiff service. On this, the active actions of the recipient of the alimony are over. Employees of the MTP of the Russian Federation will independently find the debtor, and then take measures to collect debt in one way or another.
Formation of a package of papers
You will not have to pay child support for the sale of an apartment. This is only possible in exceptional situations. In particular, when collecting debts on alimony.
We figured out how to demand appropriate financial assistance from the alimony in this or that case. And what certificates may be required during the trial?
For this task, the following components are most often required:
- identification documents of the plaintiff and defendant;
- statement of claim;
- certificates of income of the payer;
- birth certificates of children;
- marriage / divorce certificate;
- certificates confirming kinship with the citizen-payer;
- an application with a request to search for the residence / work of the alimony;
- writ of execution / court decision on the appointment of alimony;
- bank account statements indicating the debt on the studied payments;
- certificates indicating the property that the debtor has.
In fact, with the right preparation for the operation, dealing with alimentary disputes is not difficult. In addition to the listed components, the plaintiff is required to prove any unofficial regular income of the alimony. Witnesses may be involved in the hearing. Their testimony is also taken into account by the judges.
If a peace agreement has been concluded between the spouses on the residence of the children or on the payment of alimony, the relevant papers will also be useful. They are applied to the main suit. A court ruling on the determination of the place of residence of minors is also required for a full consideration of the maintenance dispute.
Property on account of alimony
Should this or that citizen pay child support? The answer to this question will no longer cause any problems to the population of the Russian Federation. Ideally, this type of income is not taken into account when collecting child support. But the bailiffs can easily seize the property of the debtor and pay off the debt for child support of any type at the expense of the proceeds from its sale.
Some are wondering if it is possible to refuse child support for an apartment or other real estate. Such situations sometimes occur, but officially they do not occur. The parties may enter into an agreement whereby the child is given ownership of an apartment, which is for sale, and the proceeds go as alimony. You can write a deed of gift to a minor and conclude a peace treaty. But such an agreement, as lawyers say, is easily recognized as invalid. After all, child support is levied only on regular profits.
Conclusion
We found out whether child support is paid on the sale of an apartment. In reality, everything is not as difficult as it seems. And therefore, the issue under study will no longer cause any trouble.
Are child support payments on apartment sales? No, only as an arrest on account of debt or through the goodwill of the alimony.The court cannot force a citizen to transfer part of the funds from a transaction to sell real estate as alimony.