Raising children is the main task of any family, and therefore care for the younger generation should rest on the shoulders of both parents.
We are taught from childhood to care for our little brothers and sisters, the Civil Code and all other legislation take a similar position. Unfortunately, the process of family breakdown is not so rare, as are all the specific problems that arise as a result.
But what if one of the parents refuses to give money for the maintenance of his offspring? For protect the rights of children, as well as persons who are not able to take care of themselves independently, a number of measures are provided for at the legislative level.
What is child support?
All funds that go to the maintenance of minor children and come from one (or both) of the former spouses are called alimony. The law clearly defines their forms, sizes, as well as the procedure for making payments. In our article, we will try to provide the most detailed information about what child support can be.
Who pays them?
Our Family Law states that the obligation to pay child support automatically falls on the parent who refused to voluntarily support the child. In some cases, this obligation is imposed either on any able-bodied parent or on a former spouse who has previously left the family.
In general, in our country child support is very often associated with the father, but bar associations note that the courts very often hear cases of collecting child support specifically from mothers who do not want to participate in the maintenance of children.
How to prove?
As a rule, the courts side with the plaintiff, who has gathered a sufficient evidence base for the fact that the defendant does not fulfill his obligations regarding the material maintenance of the child. In our article you will find tips on correctly identifying the subjects of child support payments. In addition, we will comment on some specific features of the domestic judicial system. The fact is that alimony for the maintenance of a child can be accrued in various ways, so there are plenty of all sorts of nuances. We will try to understand all the subtleties.
Who is supposed to pay child support?
According to the Family Code of the Russian Federation, the following persons are entitled to receive them:
- All minor children who are not adequately provided for by their parents.
- All adult children who for some reason are disabled.
- In addition, alimony is paid if the child is studying.
- Spouse recognized as incapable and needy.
- A pregnant spouse for the entire period of bearing the fetus, as well as all three years after the birth of a common child.
- Any of the spouses on whom the maintenance of the general disabled child of the 1st group lies, or the disabled child after reaching the age of 18.
- Spouse caring for a disabled child. If the child is 18 years old, child support may be charged on a disabled child.
- Any of the spouses who lost their ability to work at the time the marriage was valid, as well as for a year after this period.
- A former spouse who has reached retirement age, within five years after the dissolution of the marriage, has the right to alimony, if he feels the need.
Thus, there are not only child support. And the method of obtaining them varies depending on the situation. However, in the article we focus on the monetary support of the baby, the disabled child, as well as on the receipt of funds by mothers.
Obtaining alimony in and out of wedlock
As a rule, today it’s no longer surprise anyone with the so-called civil marriage, when people live without formalizing their relationship. However, this circumstance does not in any way affect the responsibilities of the “spouses” in relation to the maintenance of those children who appeared during the time of cohabitation.
Very often, cases of coercion to pay child support for a child who was born out of wedlock are considered in court. This is a rather specific case, and success largely depends on the qualifications of the lawyer and the position of the prosecutor. However, practice shows that the definition of paternity is a decisive argument.
Thus, alimony for a child in marriage is guaranteed to you, even if the baby was adopted, but in the variant with cohabitation this will not happen.
Definition of paternity
Note that this procedure cannot be dispensed with in cases where the father is not included in the birth certificate. And it will always be so with cohabitation without formalizing the relationship, since often the father is not eager to document the fact of having family ties.
This behavior is largely related to how child support is paid: children from different marriages have the right to receive them only if they have a recognized father, or if the spouse who has left the family officially adopted them.
As a rule, the case is limited to the voluntary consent to enter information on paternity, but often it is necessary to apply to the court for this. In the latter case, all the evidence that the mother can provide is extremely important. The most important of them is just the medical definition of paternity.
How is it charged: in shares or in fixed form?
The Family Code states that, regardless of the spouse's gender, income, or other factors, child support is always paid in a share calculated from the income of the parent who is under obligation to pay them.
What if the earnings are episodic and irregular?
It often happens that the former spouses could not reach an agreement that would suit both parties, or the person who is entrusted with the obligation to pay alimony has some difficulties in receiving money, namely:
- It receives irregular and unstable profit.
- Has income in kind or in foreign currency.
- Generally has no work and official income.
In the presence of any of the aforementioned factors, as well as in cases where the establishment of shared payments violates the rights of another minor child (from another marriage), who is raised by a person paying alimony, either a fixed amount of payments can be fixed in court or a mixed payment can be established payment system.
So before how to file for child support for children, be sure to consider which scheme is suitable specifically for your situation.
When is the fixed child support amount determined?
The court established that in the case when the mother herself or the adult disabled child must receive child support, the amount of payments is fixed at a certain level. Its value is also set for each case separately.
Amount calculation
Let's look at how child support is calculated. How much percent of a salary should a former spouse give? In Art. 81 of the Family Code of our state, the following amounts are legally fixed:
- If one child is born in a joint marriage, the parent who is responsible for supporting him must pay exactly 25% of his salary.
- In the case when there are two children, the amount of payments can reach 33.33% of the income received.
- From three or more children - up to 50% (especially if it is child support for a minor child).
Important! Depending on the material and social situation of the payer, a large or a smaller amount of payments may be imposed in a judicial proceeding. So, if a citizen receives a minimum wage, but has three or more children born in a marriage, then any lawyer will protest the fifty percent rate.
We remind you once again that the minimum child support should correspond (or better, be more) to the amount of the minimum living wage for minors. Today it is 7021 rubles. Thus, the amount of alimony per child cannot be less than this amount.
On accrual of payments in a firmly fixed expression
It should be remembered that the accrual of a strictly fixed amount of cash payments in this case is tied to the average official salary in each specific region or the whole country as a whole.
In principle, the payment should be at least 30% of the subsistence minimum for a child of an appropriate age. If the amount of alimony, determined by the court in a fixed sum of money, is less than the minimum amount provided for by Part 2 of Art. 182 of the Family Code, state aid is assigned to the child.
Of course, the final amount will completely depend on the correct choice of the method of accruing child support. If the child is in the care of older relatives, then most often the parent who has a more significant and regular official income is taxed. It is important to know whether a person has a different source of income, and whether it is more profitable to charge from it.
In this case, other ways are possible in which child support will be charged. Interest, as a rule, will be the more profitable, the higher the payer's profit.
Voluntary and judicial payment methods
Spouses may well determine the amount of payments on a voluntary basis, so far from always divorced couples have to go to court. Of course, many practicing lawyers recommend a mutual agreement, since it saves a lot of time and nerves.
In this case, people consciously and voluntarily stipulate the conditions for the financial maintenance of the child and / or mother. All this is executed in the form of a contract in any form and is certified by any notary. From now on, both parents must clearly follow the letter of this document. If one of them does not fulfill the agreed conditions, the contract can be used as an executive document. The advantage of such an agreement is that former spouses can set both an arbitrary amount of alimony payment and the frequency of payments (at least once a year).
Trial
In the event that consensus has not been reached, it is necessary to seek the help of the judiciary. Domestic legislation identifies two ways to recover child support from a debtor:
- A simplified procedure when only a regular court order is issued.
- The usual procedure in which a statement of claim is issued for the enforcement of a collection using the bailiff service.
In the first case, it should already be established who exactly will pay child support (in Russia it is most often the father), and also the address of residence and place of work of this person is indicated. The statement of claim is applied in the case when both parties uphold their point of view in court, and they have some arguments in defense of their innocence.
As we already said, a voluntary contract is much more beneficial for both parties, as it provides for an arbitrary form of payment and its size. In court, regardless of the decision on the amount and method of payment of alimony, deductions in favor of the recipient of funds should be made monthly (even if this is not beneficial to the latter).
Let us explain the last thesis.How is this possible? The fact is that in legal practice there are often cases when ex-spouses amicably agree on a quarterly payment: one of the spouses transfers money to support a child from their quarterly bonus (or “thirteenth salary”). Given the specifics of many “northern” specialties, the amount of alimony in this case often exceeds that which would be obtained with monthly payments from the average wage.
Details on how to pay child support
The most important issue in terms of receiving monetary compensation is the method of accruing it (however, we already talked about this above). It is here that the interests of the former spouses collide, and often also the employer of that parent, who is entrusted with the obligation to pay material maintenance. Of course, all this creates a lot of conflict situations.
The law requires that the provision of the child remain at least at the same level that would be subject to the preservation of the marriage, but the child must be provided no worse than his peers (that is, with the condition of receiving a living wage for minors). If alimony is paid for two children, then the court especially takes into account this particular factor.
What factors influence decision making by judges?
The simplest situation is when a mutual agreement is concluded between the former spouses. The main thing is that the amounts they have agreed on are not less than the minimum subsistence level established for minor citizens. But the court is already making a decision, focusing on the material condition of both the parents themselves and their child. The marital status of the former couple is also taken into account.
For example, if the spouse who is responsible for providing such assistance is already married and has a child (s), even if they are not biological heirs, child support for 3 children from another marriage will not be set to the maximum amount .
In addition, judges are required to study all the materials of the case to determine both the general financial situation of the parents and the needs of the child himself. Important! If the share of the spouse’s salary, which is obliged to pay funds for the maintenance of his child, is not enough, the court may well determine the amount of the firmly fixed amount of money that he must pay additionally.
Some nuances
Article 139 of the Labor Code guarantees the employee the retention of at least 50% of his salary, regardless of the circumstances. But in the case of child support, there are exceptions when in court a person is required to give 70% of all money earned. True, this happens very rarely and mainly with a persistent unwillingness to go for a peaceful settlement of the conflict.
In addition, this may depend on the validity of high financial requests: in the case when a child has some rare and poorly treatable disease (or a deviation in mental or physical development), judges almost always set the highest alimony rate.
If the parent who is raising the child has a good income, but the second spouse, who is responsible for making the payments, has a minimum wage, then no one will demand everything from him to the last penny. And here a completely logical question arises: how many will be claimed?
It all depends on many factors: the physical condition and health of both the baby and his mother, the financial condition of both parents, etc. Therefore, the exact amount is difficult to name. Although the legal framework is still set. So, how much? Alimony per child is paid in the following amount: 25%, or 1/4 of the monthly income of the employee.
What income can I pay child support?
The Family Code states that payments for child support can be claimed from almost any income, but in practice there are a huge number of exceptions to this rule. All of them are explained in Government Decision No. 841, which was published back in 1996.
In general, it is extremely important to familiarize yourself with this document for all practicing accountants. They bear a great responsibility for the correct accrual of funds, because otherwise the company will face very large fines.
Ways to pay child support
Only having decided on the size of deductions, the parties can begin to agree on a method for their transfer. There are many options: fast transfers and replenishment of a bank account, electronic money system and transfer from card to card. As a rule, most often they choose to transfer to a card or bank account, since this method is most suitable for the bookkeeping of the enterprises where the payers work. And the authorities are much easier: collecting child support is much easier, and documentary evidence of the transfer is always available.
Individual entrepreneurs have much more opportunities to transfer money. Important! Any transferred amount must be documented. If the payer makes a payment in cash, the recipient’s personal receipt must indicate that they have been received (if this is a minor or legally incompetent child, then his mother or other guardian signs it).
Important! All expenses for transferring money (postage, commissions of banks and electronic systems) are fully borne by the payer himself, and this money is not included in the amount of alimony paid.
How to get paid in court?
If the parties fail to reach a mutually beneficial agreement, only the statement of claim remains. Alimony for a child helps to exact a world court. The plaintiff has the right to choose: either it will be his territorial branch, or the court located at the place of residence of the defendant.
The following documents will be required for the proceedings:
- Birth certificate for a child born in marriage (during cohabitation).
- Certificate of marriage (its dissolution).
- Copy of passport or other identification document.
- A certificate from a housing office located at the place of residence of one of the parents who is evading responsibilities for the maintenance of the child.
All of the above documents must be attached to the application to the court.
Other nuances
If the plaintiff has complete information about the place of residence and work of the negligent spouse, then an application is written for the issuance of an ordinary court order. Keep in mind: such questions are considered in the most simplified manner, the second side is not called. But! Moreover, the maximum that the plaintiff can count on is the receipt of alimony, which is calculated as a share of the official income of the defendant.
If you do not have such information, or you don’t know how the defendant earns a living, you will have to file a lawsuit. Alas, in this case, they won’t be able to get rid of “little blood”: they will have to hire professional lawyers, conduct independent calculations of the size of the required payments, and also prove their actual validity in court.
How Alimony Is Collected
Based on the results of the hearings, they will give you either a court order or a decision. If this is the last document, you must file a court order with it in court. Already with it (or with an order) you will contact the regional representative office of the bailiff service.
About debt payable
If a debt is formed, the alimony payer will have to pay not only the amount of the collection itself, but also 0.5% for each delayed day. In judicial practice, it often happens that a decision is made on the confiscation of all property of the debtor in order to cover an imposed fine.This is especially true for cases when child support is collected for a child up to a year.
