Many citizens face problems with child support. In particular, this applies to divorced parents with young children. Next, we consider the procedure for obtaining a court decision on alimony. In addition, we have to figure out how to recover money from the debtor. What to do to get an appropriate solution? Who has the right to appeal to a judicial authority? Is it possible not to transfer funds to a potential recipient after a debate in court? Understand all this and not only we will try below. Alimentary issues in Russia are a lot of trouble. But if you study the information proposed below, you will be able to minimize the risks of serious financial conflicts.
How to get alimony
To begin with, we will find out how in general they can receive money in Russia as alimony. The court decision on this issue is not the only scenario.
In general, alimony funds are paid:
- by oral agreement;
- in court;
- through a peace agreement.
The first reception does not give any special guarantees. Collect money from the debtor does not work. The agreement is not fixed anywhere, so it may not actually be. Under such circumstances, the judiciary is powerless. The maximum that can be achieved is the court decision on alimony. We are talking about the official appointment of appropriate funding.
Who is eligible
The next rather important question is the definition of the circle of persons entitled to alimony. To answer it, you need to thoroughly study the Family Code of the Russian Federation.
At the moment, money can receive:
- spouses
- parents;
- children (including adults).
Other relatives from a close circle are also in some cases able to achieve financial support, but in real life the corresponding alignment is almost not found.
Next, we focus on child support. A court decision in this area often helps achieve justice.
Peaceful agreement
But first, consider some features of the appointment of financial assistance from relatives.
If you do not want to bring the case to court, you can conclude a peace support agreement. It regulates the order of transfer of alimony in a particular case.
Does a citizen violate the established agreement? Then you can either collect funds forcibly (later we will find out how to do this), or obtain a court decision on alimony in an official manner.
How much to pay
The population is often interested in how much they will have to pay for a child or any other relative as alimony. There is no definite answer to this question.
The thing is that funds can be assigned:
- in a solid size (fixed);
- as a percentage of payer earnings.
Most often, people are faced with a second alignment. The fixed amount of alimony payments is preferable to use when the payer does not have a regular income or is unemployed at all.
Important: a potential payer’s lack of work does not remove responsibility for the maintenance of needy relatives. Payment of alimony by court order will be carried out forcibly from certain incomes. If there are none, the person automatically becomes a debtor.
Courts and child support
To avoid problems with obtaining funds for maintenance, it is recommended to apply to the courts. The decision of the judicial authority on issues related to alimony allows various sanctions to be applied to the non-payer.
This technique is the safest.It allows you to achieve guarantees of receiving statutory money. It is not always easy to pick them up from the debtor, but if you persevere, you can still do it.
It is necessary to apply for alimony to magistrates' courts, preferably at the place of registration of the defendant. If other issues are considered together with alimony (for example, deprivation of parental rights or determination of the place of residence of minors), the application will have to be submitted to the district court.
Limitation of actions
A court decision to recover alimony from a person will be made on the basis of existing laws, as well as documents submitted. Sometimes it turns out that certain categories of citizens want funding from relatives, but the court rejects it. We will consider similar situations later.
It is important to remember that any court decision (child support is collected or you want to terminate any violated contract - this is not so important) has a limitation period. This is the period when you can turn to the courts for help.
As a rule, writ of execution (court ruling) has a limitation period of 3 years. But in the case of child support, everything is not so simple.
A citizen can apply to the court for alimony throughout the entire period when he is entitled to financial support. Moreover, the limitation period still applies. What does it mean?
After the right to alimony is lost, the applicant may go to court with a motion to recover funds for another 3 years.
How many consider the request
What is the effect of the paper being studied? The time frame for a child support court ruling is flexible. With the limitation of actions sorted out. And how long does it take to wait for a response from the court after filing an application?
Claims for alimony are considered 1 month. After this, a meeting is scheduled during which the court will make a decision. The plaintiff will be given a writ of execution and a resolution of the established form.
Entry into force
When does a court decision to recover child support for a child or adult come into force? This issue concerns mostly bona fide payers.
The thing is that the writ of execution will be effective from the date the plaintiff appeals to the court. From this moment on, a contingent debt will be credited to the potential alimony. Accordingly, if you do not want problems, you must immediately transfer a certain amount of money to the beneficiary’s account immediately after the judicial debate.
Right of appeal
The enforcement of a court decision on alimony does not always take place. And therefore, you can take a writ of execution and apply to certain authorities for enforcement. More about this later.
Some believe that a court decision cannot be appealed or amended. This is actually not the case.
If during the period of payment of alimony the debtor / payer has good reason to adjust the decision, you can contact the court for its review. The plaintiff also has a right to this.
When does a child support court decision change? This is possible if:
- beneficiary needs have increased significantly;
- the income of the payer decreased or disappeared through no fault of his;
- the defendant’s health has deteriorated or his capacity for work has been lost;
- the citizen was able to prove the lack of relationship with the recipient of the money;
- the child support worker has new dependents (for example, a child was born in a new family).
All this allows you to go to court to review the case. In addition, in some cases it is allowed to transfer half of the funds to a bank account. This situation is relevant for minor children. If a child’s representative spends child support for other purposes, the defendant will be able to obtain in court a transfer of 50% of the amount to the account opened in the child’s name.
Algorithm for the assignment of alimony
Now let's talk about what needs to be done for the official appropriation of alimony. You will have to follow this algorithm of actions:
- Form a package of papers for successful collection of funds.
- Compose and write a claim for the recovery of alimony.
- Turn to a court of one type or another.
- Take part in the hearing.
- Get a writ of execution on hand.
There is nothing difficult to apply to the judiciary. More trouble is the direct payment of alimony by court order and their recovery.
Documents for the court
And what papers come in handy when you first go to court for child support? Understanding this topic is extremely important. After all, the absence of certain securities may make it impossible to make a positive decision regarding the financing of relatives.
Most often, the plaintiff is required to:
- birth certificate;
- marriage / divorce certificate;
- lawsuit;
- passport;
- certificates of income of the payer;
- calculation of the amount of alimony with justification;
- certificates of family composition;
- any evidence of the need of the recipient;
- details of the account to which money is transferred ultimately.
In some cases, the applicant will come in handy:
- health certificates;
- discharge from the school;
- documents indicating pregnancy.
That should be enough. If the defendant's place of residence and his income are unknown, it will be necessary to file a petition with the court asking for clarification.
If it is not possible to prove the fact of need (situations with minor children are not included here), it will not be possible to recover funds from a relative.
If there is a debt
The court decision is not enforced? Child support debt is a serious and fairly common occurrence. They try to actively fight with him.
It’s hard to believe, but alimony debt can be forcibly collected. Moreover, for the entire period of late payments, the defendant has the right to the so-called penalty. This is a kind of fine for debtors. It is increasing every day.
In order to collect debts, you should go to court again. You need to have:
- previous court decision / alimony payment agreement;
- lawsuit of the established form;
- evidence that a citizen does not really pay child support (for example, bank statements);
- passport;
- birth certificates of children;
- calculation of debt and forfeit.
That's all. After that, you can contact the court and the bailiff service. After the actions taken, the alimony will be collected by a court decision in a forced manner.
Alimony Failures
The following situation in Russia is becoming increasingly common. It is about the assignment of alimony to parents. In particular, those who did not cope with their parental obligations. Such people only remember children when they become successful.
By law, able-bodied children must support their disabled parents in need. If you wish, you can go to court and pay child support by court order.
In some cases, you can cancel the decision. For example, if:
- potential recipient deprived of parental rights;
- the parent has child support debt;
- the plaintiff is not in need, and this fact is confirmed.
It follows that far from always the court decision on alimony is made legally. Sly plaintiffs try to deceive the judiciary. And if this can be done, the citizen will have to pay child support by court order. Fortunately, you can still defend your rights and achieve justice.
If a person has been deprived of parental rights, he will not be exempted from child support. The enforcement of a court decision on alimony should be carried out within the prescribed time frame. Otherwise, the necessary amount may be forcibly recovered from the debtor.
What is the danger of debt
How is child support collected by court order? A potential recipient of financing turns to the bailiffs with the listed securities. Then it remains only to wait. The authorized bodies will independently deal with the debtor.
What is the danger of child support debt? At present, various sanctions are applied to the debtor in Russia. For example:
- a ban on traveling abroad of the Russian Federation;
- deprivation of a driver’s license;
- blocking accounts and assets;
- seizure of property.
All this is a lot of trouble. But even the listed sanctions do not make alimony ponder.
How bailiffs work
Withholding of the alimony by a court decision occurs when the debtor does not want to pay the bills. To recover funds you have to go to the FSSP. This must be done by the recipient of finance or his representative.
How do bailiffs work? After receiving the application of the established form from the recipient of alimony, the following acts are carried out:
- Search for a debtor. It is relevant if the person’s current place of residence is unknown. Even the police come to the rescue.
- Appeal to the employer of the alimony. After that, alimony will be forcibly deducted from the payer's salary.
- Arrest of property of a man with debt. If a citizen does not solve the debt problem, his property will be sold. The proceeds will go to child support. The rest will be given to the alimony.
Such operations take a lot of time. Accordingly, you can not wait for the quick execution of the court decision on the recovery of alimony.
Appeal sheet
As we have already said, in some cases, it is possible to appeal against a previously adopted court decision regarding the payment of alimony. But how to do that?
We will study the situation when the alimony is handling a lawsuit. Such papers will be useful to him:
- passport;
- writ of alimony;
- evidence of misuse of alimony;
- certificates indicating the presence of dependents;
- income documents;
- health certificates;
- acts of deprivation of parental rights;
- statements indicating the absence of legal support from the parent, who now requires child support.
As practice shows, all this will be enough. However, in real life, child support rulings are rarely made in favor of defendants.
Content of the claim
We have already considered the collection of alimony by court order. And what information should be contained in the lawsuit at the initial application for financial support in an official manner?
A child support lawsuit includes:
- information about the court to which the plaintiff applies;
- F. I.O. of the parties (defendant, plaintiff, representative of the payee);
- contact information of the participants in the case;
- passport data;
- request for recovery / alimony;
- the amount you want to receive;
- substantiation of requirements;
- list of securities attached to the application;
- degree of kinship between the parties.
That's all. In reality, everything is not so difficult. But practice shows that child support is far from always paid in established amounts. And this is despite the fact that now they are actively fighting with debtors in Russia. If a person does not want, he will try by all means to avoid unnecessary expenses. Often this succeeds with surprising success.