Many are wondering what will happen if you do not pay child support. What will a person be for this? It is quite difficult to decide here. According to the laws of the Russian Federation, punishment is almost impossible to avoid. But its degree will differ depending on a huge number of factors. In addition, sometimes there are exceptions. That is, in some cases, the established alimony can not be paid. A rare and very unusual phenomenon, but it takes place in judicial and legal practice. Let's try to understand, if you do not pay child support, what will happen for it? And how can you "get out" in a particular case.
What is child support?
First you need to look at what is at stake. Alimony is a word that pleases some, but scares someone. But what is it? By this concept is meant monetary payments by one person or another to his relatives (family, to be more precise).
How much should a citizen pay? Alimony, more precisely, their size is established by the court. He proceeds in solving this issue from the income of a person, as well as the general situation in the family. Alimony is a means of providing for your loved ones. And many can claim them. True, sometimes you can evade payment without punishment. More about this later.
Types
What alimony does a law-abiding citizen pay? There are not so many of them. But in most cases, unfortunately, even people try to hide from the proposed options. Sometimes out of good intentions, sometimes in order to “annoy” relatives. What types of child support do they emit?
On children. Parents pay to support their children. We are talking about adults and minors. The second case is most common in Russia.
On the spouse. This type of alimony can be paid both in marriage and when it is terminated. Infrequently used, but takes place.
On parents. This type is very popular, but it can be difficult to achieve. First, parents must support children, then children - parents. Often, child support in this case is filed “out of principle” and “to annoy”. Rarely does it come to trial in normal families. There, support from children comes on a voluntary basis.
Possible consequences
If you do not pay child support, what will happen? This issue is resolved in each case individually. Only there are some general methods of influencing a citizen who is evading payment.
For example, while you have debt, you do not have the right to go abroad. That is, rest is only within your area. Sometimes you may not even be allowed out of the city.
Making loans becomes impossible. Not a single bank will contact the debtor. Not the worst thing that could be.
In addition, if you do not pay child support, what will happen to the citizen? Sooner or later, bailiffs will come to him and will literally "knock out" the debt. That is, to act according to the law and, as they say, "from under the stick" to seek debt repayment. Up to seizure of property.
In extreme cases, you may be imprisoned. Both conditionally and directly. For example, if the husband does not pay child support for his minor children, and even deliberately avoids responsibility, he faces a prison arrest. But first, the court will try to resolve the conflict in a more peaceful way.
Since 2016, the legislation has had one small amendment - the deprivation of a driver’s license. All debtors are deprived of their right to drive vehicles until they pay off the debt. Oddly enough, but it is this step of many citizens that makes us think. Not always, but often.
More and more
If you do not pay child support, what will happen? In addition to the points already listed, it is worth taking into account one interesting fact. It applies to any citizen debt. If it is available, a peculiar fine is imposed on you. It is called a penalty.
The longer you "evade" from paying without legal grounds, the more you will have to give back later. This applies to direct alimony, and penalties. It turns out that a person makes worse only himself. Sooner or later, the debtor can still cope. And the sooner he “changes his mind”, the better. So it’s better not to delay the payment of alimony. After all, it will be worse for you in the future.
Impact on child support
Should a law-abiding citizen pay alimony? Yes, regardless of their financial situation. But how much, as already mentioned, is determined only by the court. And here a lot of factors will be taken into account.
In general, wages and alimony are closely related. The more you receive, the higher certain payments will be assigned. By the way, if someone claims that your income is higher than specified, you will have to prove it. Otherwise, your salary is taken into account.
If a person does not work, but at the same time is able-bodied, he will still be assigned the minimum alimony. Fixed. And they need to be paid. As a rule, only the court decides the issue here. And in each case, the payments are individual.
Should a person who is in a difficult financial situation should pay child support? Definitely yes. And this applies to parents, and children, and spouses. Therefore, disputes and even “wars” often arise in Russia regarding alimony.
Do not pay for children
In principle, not everything is as bad as it seems. If you do not pay child support, what will happen? We have already figured out this issue. You probably can’t avoid punishment. However, sometimes this issue is raised on a very logical basis, for example, if you "sit on the neck." This often happens when it comes to paying child support for minor children. Yes, there are situations in which changes in a person’s life reduce the size of payments. But legally, they can also be stopped. How exactly? This may include cases:
- at the death of the "alimony" or the child, payments cease;
- coming of age;
- legal capacity up to 18 years (wedding, successful entrepreneurship, emancipation);
- adoption of a child by a new spouse (with whom the baby lives);
- spouse's marriage and termination of need (almost irrelevant in Russia).
As you can see, in these cases, alimony can not be paid. But in order not to be punished, you will have to go to court to cancel the previous decision. The last point, by the way, is extremely rarely satisfied in Russia. Hoping on him is not worth it.
Fathers and Sons
A able-bodied adult child must pay child support. As already mentioned, often it does not reach the court, and the "offspring" independently help their "old people". But there are times when support is not provided. In this case, parents can go to court.
The right to alimony is for pensioners, as well as disabled people of 1 or 2 groups. That is, anyone, even a working citizen who has reached retirement age, is able to sue to collect child support from his children. Recently, this is a common practice.
On the part of the law, the need of an able-bodied child is not a basis for non-payment of alimony. That is, if a pensioner sues you, you will be forced to pay without fail. When it comes to having several children, all born are taken into account. If you previously supported your parents financially, and even take care of them, you can apply for a reduction in child support from you.
It turns out that in practice, children are not protected by law. According to the documents, yes, but in reality it turns out that any parent can “shake” the last from his child.The exception is cases in which parents did not fulfill their parental obligations, and child support is not paid deprived of parental rights.
Practice shows that even some outcasts who have managed to prove their contribution to raising a child are assigned financial support. That is, the dishonest parents have the following line of reasoning: the rule “I will evade as much as possible” applies to children, and when it comes to supporting “old people”, they immediately “owe me everything”.
Defend ourselves from adversity
However, sometimes you do not have to pay child support. For example, if they "sat on their necks and ride." That is, a fully able-bodied citizen simply does not want to work. Instead, he claims enrichment at the expense of his child's family. Know how to prove the selfish motives of the parents? Then you can avoid punishment from the state, and not pay child support.
In addition, not only the child’s performance, but also his marital status is taken into account. According to the law, as already mentioned, the lack of income is not a basis for non-payment of alimony. And the need of the child, in particular, is not suitable for evading responsibility. But if minor children suffer as a result of alimony (provided that the plaintiffs are not completely disabled and needy people with disabilities), the probability of satisfying the request is minimal. So able-bodied, but lazy and arrogant citizens, in spite of the law, have every chance of being left with nothing.
In any case, keep in mind - before evading child support, you will either have to prepare the grounds for contesting the transaction, or count on the appropriate punishment.
