How to recover child support if the father does not work? This question can often be heard in the office of a practicing lawyer involved in family law issues. And, unfortunately, the difficulty in obtaining material support from a miserable parent does not even lie in the fact that it is harder to recover from a non-working person than from a person who has regular official earnings, but in the unwillingness of a father to voluntarily provide financial support to his child. But there are no hopeless situations. The article will tell you how to get child support, if father is not working.
Is it possible to recover from a non-working person?
Family law of the Russian Federation stands firmly in defense of the property rights of minors. Even if the parent does not want to participate in material support, it is possible to receive child support if the father does not work. The rule of law will always be on the side of children, and a mother armed with knowledge will be able to receive such support she needs.
The obligation to support their children in connection with the status of unemployed does not disappear. The IC of the Russian Federation provides that child support, if the father does not work, will be exacted in hard monetary terms. This means that there is no link to the amount of father’s earnings, and the amount of alimony will depend on the cost of living of a particular subject of the federation. And, importantly, the presence or absence of income or property does not affect the collection.
How to apply for child support if the husband does not work officially?
Child support is awarded by court order. To get a positive answer, you need to file an application with a court located at the place of residence of the children or the defendant. Which judicial authority to file a suit with is decided by the mother. In the application it is necessary to register all the circumstances, justify the amount of expenses for the maintenance of the child and make a calculation. Alimony for children, if the father does not work, as already mentioned, it is best to recover in a fixed (fixed) amount of money. Claims for the recovery of alimony are always satisfied. The question is only in the amount of material content.
Documents attached to the statement of claim
Attached to the claim:
- copy of the plaintiff’s passport;
- copy of the birth certificate of the child (ren);
- copy of the divorce certificate, marriage certificate or a document certifying the paternity of the defendant in relation to a particular child;
- a document (certificate) from the place of residence confirming that the children live with their mother;
- calculation of amounts, justification of current costs for children;
- documents available confirming that the defendant has property or income.
State duty on these cases is not paid.
After consideration of the claim, the court decides on the accrual of alimony. The content is awarded from the moment the claim is registered with the office. This means that the length of the trial will not be reflected in the period from which the father’s obligation to pay child support will be established.
How is child support calculated if the father does not work?
The amount of money depends on the declared amount of alimony, the internal conviction of the judge considering the claim, the evidence presented by the plaintiff to confirm and justify their own claims.
When determining the amount of money for the maintenance of children, the court does not take into account the unemployed status of the father. The logic of the law proceeds from the fact that if an able-bodied man can afford not to work, then he probably has a different income.The court will not be interested in where the defendant will take the money. Child support if the father does not work is awarded in any case.
How is the decision implemented?
The decision on alimony can be executed in two ways:
- or the defendant voluntarily pays the amounts awarded by the court (rarely, but such cases exist in practice);
- or the decision is enforced.
After the decision comes into force, a writ of execution is issued on its basis. The document is issued by the court that issued the decision. Further, the bailiffs service, which takes over its duties, will deal with the issues of collecting alimony, after the mother (plaintiff) presented the writ of execution by writing the corresponding application.
The bailiff's duties include establishing the amount of all available income of the defendant and his property, which can be realized on account of the sums due to the collector.
If the father evades the court decision
For non-payment of alimony a penalty is charged in the amount of half a percent for each day of delay, depending on the amount of the debt.
Administrative responsibility involves a fine of up to two and a half thousand rubles in cases of failure to comply with the bailiff's requirements, failure to provide information on property and place of work, as well as the provision of false information.
In case of malicious evasion of the obligation to support children, criminal liability is provided. A penalty is imposed for the commission of this crime, the amount of which can vary from correctional labor up to imprisonment for up to 1 year.
This article provides only a general algorithm for recovering monetary amounts for minor children. To solve a specific, individual problem and figure out how to get child support from a non-working person, it is best to contact a practicing lawyer who will answer all questions.
