“People meet, people fall in love, get married…”,People get divorced, people separate... and the children stay. Unfortunately, it is often the children who have to pay for the mistakes of adults. This article will not discuss whether it is the right decision to try to save the family for the sake of the child. So, the fact has happened and the parents have divorced. Then, most often, the question of alimony arises. This is what will be discussed below. According to the law of the Russian Federation, parents must support their children until they reach the age of majority. How exactly the child will be supported, the parents determine on their own, the main thing is that the interests of the child do not suffer. The same applies to the situation when the parents get divorced and the child stays with one of them (most often with the mother). There is an opinion that after a divorce, alimony should be collected in court. However, this is a pure misconception. If you and your husband have managed to maintain the ability to dialogue and are ready to resolve this issue amicably, you have every right to enter into a settlement agreement on the procedure for supporting your child without going to court. In order for this agreement to acquire legal force, you need to have it certified by any notary.
If the world did not resolve the issue
If you fail to reach an agreement, alimony must be collected through the courts. To do this, you need to collect a number of documents:
With all these documents, you must apply to the court at the place of residence of the defendant, or, if the place of residence is unknown, at the place of the defendant's last known residence.
Amount of alimony
Of course, we can’t ignore this one eitherquestion, as the amount of alimony. In the event that the parents were unable to agree on their own, the amount of alimony to be paid will also be established by the court. The amount of alimony can vary, and sometimes quite significantly - after all, it depends on several factors:
- Amount of children.
For one child, as a rule, one quarter of the entire salary is collected through the courts, for two children – a third of the earnings, and for three or more children – half of the entire salary.
- Financial position of the defendant.
The percentage of wages withheldfrom a parent as alimony, can be either reduced or increased - depending on the special circumstances in each specific case. In some cases, the court may order alimony, the amount of which will depend not on the size of the salary. The amount of alimony in this case is set in hard currency. Sometimes this is the best option to receive child support. 2016, when such a resolution was adopted, showed the effectiveness of such payments. As a rule, the court makes such a decision if the parent who is obliged to pay child support:
- There is no stable earnings.
Nowadays, there are often situations in whichthe salary is paid "in envelopes", or the parent gets by with odd jobs, or goes to work on a rotational basis, to other regions of the country. In such cases, the court sets a strictly defined amount that the defendant is obliged to pay monthly for the maintenance of the child. Such child support has long been commonplace; in 2015, the amount was 3,500 rubles for each child. In 2016, it increased to 4,000 rubles.
- Earnings in currency.
The court may also order the defendant to payalimony in a fixed amount if he receives part of his salary in the form of any goods or in foreign currency. The amount of such alimony in a fixed amount is determined by the court taking into account the possibility of maintaining the child's previous standard of living, taking into account the financial situation of both parties, and also taking into account all the circumstances of the case that may have an impact and deserve attention.
All sources of income for parents
Many people believe that sizealimony is determined only by the amount of salary. However, in reality, this is not the case. The amount of alimony is calculated taking into account the defendant's total income. Such sources of income as an additional place of work, individual entrepreneurship, income from renting out premises, inheritance, etc. are taken into account. However, it is quite difficult to track all sources of income, so if you find out something about your spouse's additional income. And you want the children to receive their legal share, you must inform the bailiffs of this fact as soon as possible.
Additional expenses for the child
However, all parents know that a child islike an unpredictable natural phenomenon. And you can never be sure what to expect from them tomorrow. Unfortunately, children often get sick, and this illness is not always a simple cold. Or there is a need to send a child to a health resort or just on vacation, get ready for school and other situations. As a rule, if parents solve this problem through negotiations. If you fail to reach an agreement, you can go to court with a claim for recovery of additional funds from the defendant. You are obliged to provide the court with all receipts, copies of documents confirming the fact that you really had to bear additional expenses for the child. As a rule, if the court considers that these additional expenses were really necessary for the child, it decides to satisfy the claim for reimbursement of part of the amount already spent and obliges the defendant to participate in additional expenses for the maintenance of the child in the future. However, remember that if your husband regularly pays child support and takes part in raising your children, he automatically gets the right to receive assistance in old age from his grown children. Therefore, if your spouse does not pay child support and does not take part in the child's life in any other way, be sure to document this. All these actions take a lot of time and effort. Therefore, try to come to an agreement peacefully. And under no circumstances solve this problem in front of the child. After all, he may feel like an ordinary bargaining chip ... We advise you to read:
