"People meet, people fall in love, get married ..."people get divorced, people diverge ... and children stay. Unfortunately, often it is children who have to pay for the mistakes of adults. In this article, there will be no discussion as to whether the correct solution will be to try to keep the family for the sake of the child. So, the fact was accomplished and the parents divorced. Then most often the question arises about alimony. This is exactly what will be discussed below. Under the law of the Russian Federation, parents must support their children until they reach the age of majority. How exactly will the child's maintenance take place, parents determine independently, most importantly, that the child's interests do not suffer at the same time. The same applies to the situation when parents are divorced and the child remains with either of them (most often with her mother). There is an opinion that after the divorce, it is necessary to collect alimony in court. However, this is pure delusion. In the event that you and your husband managed to maintain the ability to dialogue and are ready to resolve this issue amicably, you have every right to conclude an amicable agreement on the procedure for keeping your child without resorting to court. In order for this agreement to become legally valid, you need to assure it of any notary.
If the world did not resolve the issue
In the event that you did not succeed in reaching an agreement, you must collect the alimony in court. For this you need to collect a number of documents:
With all these documents you need to 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 last known residence of the defendant.
Amount of alimony
Of course, we can not ignore thisthe issue is how the amount of alimony. In the event that the parents were not able to agree on their own, the amount of alimony paid will also be established by the courts. The amount of alimony can vary, and sometimes quite significantly - because it depends on several factors:
- Amount of children.
For one child, as a rule, one-quarter of all wages are collected in court, two-thirds of earnings for two children, and half of all wages for three or more children.
- Financial position of the defendant.
The amount of interest payable withheld fromthe parent as alimony may be either reduced or increased, depending on the special circumstances in each case. In some cases, the court may appoint alimony, the amount of which will depend not on the amount of wages. The amount of alimony in this case is fixed in a hard currency. Sometimes it is the best option to get child support. 2016, in which this decision was adopted, showed the effectiveness of such payments. As a rule, a court accepts such a decision if the parent who is obliged to pay maintenance for children:
- There is no stable earnings.
These days, it is not uncommon for situations in whichthe salary is given out "in envelopes", or the parent is interrupted by casual earnings, or goes on work by shift method, in other regions of the country. In such cases, the court establishes a strictly defined amount, which the defendant is obliged to pay monthly for the maintenance of the child. It has long been no longer a rarity such alimony for a child, 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 require the defendant to payalimony in a fixed amount in the event that part of the salary it receives in the form of any goods or in foreign currency. The size of such alimony at a fixed amount is determined by the court, taking into account the possibility of preserving the child's previous standard of living, taking into account the material situation of one party and the other, and also taking into account all the circumstances of the case, which may have influence and deserve attention.
All sources of income for parents
Very many people believe that the amount of alimonyis determined only by the size of wages. However, in reality it is not so. The amount of alimony is calculated taking into account the aggregate income of the defendant. These sources of income are taken into account, such as additional work place, individual entrepreneurial activity, income from letting of premises, inheritance and the like. However, it is quite difficult to track all sources of income, so if you know something about the spouse's additional income. And you want the children to get their legal part, you must report this fact to the bailiffs as soon as possible.
Additional expenses for the child
However, all parents know that the child isa veritable unpredictable natural phenomenon. And one can never expect what to expect from them tomorrow. Unfortunately, children often fall ill, and not always this disease is a simple cold. Or, there is a need to send a child to a health institution or just to rest, to collect to school and other situations. As a rule, if parents solve this problem through negotiations. If you did not succeed, you can go to court with a claim to recover additional money from the defendant. You are required to provide the court with all checks, copies of documents confirming the fact that you really had to incur additional expenses for the child. As a rule, if the court finds that these additional expenses were really necessary for the child, he decides to satisfy the claim for compensation of part of the amount already spent and obliges the defendant to take part in additional expenses for the child's maintenance in the future. However, remember that in the event that your husband will regularly pay child support and take part in the upbringing of your children, he automatically gets the right to receive help from his grown up children in old age. Therefore, in the event that your spouse does not pay alimony and does not take part in the child's life in any other way, be sure to document it. All these actions take a lot of time and effort. So try to negotiate peacefully. And in any case, do not solve this problem in front of the child. After all, he can feel like the most ordinary bargaining chip ... We advise you to read: