Unfortunately, the preservation of the family in the modern worldis no longer a priority for many couples who have married. More and more often yesterday, the happy husband and wife after a few years look at each other oddly, waiting for the summons to the court, where their application for divorce is examined. Subsequently, many ex-spouses share a scandal with property and joint children. The desire to build a career, to occupy a worthy position in society, the pursuit of material goods pushes the status of the family to a secondary plan. Hence, a rather high percentage of divorces, especially in the first years after marriage. And if the ex-husband and wife have joint children, in most cases the questions about how to file for alimony and where to apply for this purpose are acute. The bulk of parents who have left their family alone after leaving the family of one of their spouses, feel insecurity about the future, connected with material problems. In the overwhelming majority of cases, this burden falls on the shoulders of the ex-wife, but sometimes the husband is in that position. However, regardless of the difficulties and hardships, children should not feel deprived after the divorce. After all, the disintegration of the family by itself is difficult to perceive by a small person, and if it is accompanied by a cardinal change in the habits of life, the psychologist may need help.
Voluntary child support, or maintenance agreement
Before raising in the course of a divorceprocess of the issue of maintenance and file a suit, it is desirable to determine whether it should be done. Is there really a need to bring an application to a court or can the matter be settled somehow differently? Sometimes there is enough constructive conversation between the former spouses that one of them, as a rule, the husband, clearly stated his position: "Whatever it was, but after the divorce from participation in the life of the son (daughter), I do not refuse and I will help you financially! "The best option in this situation will be an independently taken decision on an alimony agreement. It can be concluded both after the formal dissolution of the marriage, and before the corresponding claim is considered in court. In any case, parents need to negotiate all the terms of the agreement, with which you need to apply to a notary. In such a voluntary agreement, it is necessary to indicate the amount, terms and forms of the transfer of the monthly amount of money that the ex-husband or wife (unless she is the official guardian of the joint children) is obligated to pay. Lawyers strongly advise each party "not to play nobility", and even in the case of maintaining normal relations with each other after the divorce still go to the notary. After all, who knows what can happen in the future and how will the former husband or wife behave? Therefore, it is necessary to take appropriate measures and legally correctly draw up the necessary documents, so that later there are no unforeseen situations. By the way, this is the way to resolve material problems and lawyers offer it even before applying to the court, because it would seem that it is much easier to resolve the issue of financial assistance related to the maintenance of a common child by peaceful dialogue between two people who have lived together for a long time. But what if the ex-husband and wife can not agree and come to a mutual compromise? Then it will be necessary specifically to determine the sequence of actions to the one of them, with whom, by court decision, it remains to live a minor child (children), and find out how to file for alimony. Where to go to get legal advice or advice? How to draw up a suit? Where and by whom will the relevant application be considered? After all, often only with the help of official bodies can you get an unreliable parent to bear at least a minimum responsibility for a son or daughter who has not yet reached adulthood.
Alimony by the court decision, their size and procedure for filing an application
Alimony translated from Latin means"Content, food". In the modern sense, this word means the payment of a monetary allowance for the material security of the child, one of the spouses or elderly parents. But in this article we will talk about the responsibility for minor children, who father or mother has to raise in an incomplete family. So, where should you go, for example, to a woman who has faced the need after a divorce or before his formal registration alone to raise a child? What actions need to be taken to ensure that the ex-husband provided her with the necessary help? You need to go to court and file a claim or an application for payment of alimony. This can be done only by family members who have the right to do so, or their legal representatives: guardianship authorities, the administration of the institution in which the child was raised, and so on. Let's figure out which documents need to be collected, so that a visit to the court, where the relevant statement should be attributed, ended productively. After all, knowing the algorithm of actions in advance, to file a claim for recovery of alimony will be much easier. In addition, timely application to the appropriate authority will help to get the content that is legally up to date faster. So, you need to have the following documents on hand:
- information on the incomes of the plaintiff and the defendant;
- an extract from the plaintiff's and the defendant's home book;
- the claim itself, signed by the plaintiff;
- originals and copies of birth and child registration certificates.
The application must be submitted in triplicate,one of which remains in the hands of the plaintiff, and the other two surrender to the judicial office. In addition, it must be properly drawn up and contain the name of the court in which it is served, the passport data of the plaintiff and the defendant. In the main text of the document, it is necessary to state the circumstances that served as the basis for collecting alimony, namely: the name and date of birth of the child, his place of residence, the period from which one of the parents does not render him financial assistance. A claim or application for payment of alimony can be filed at the place of residence of both the defendant and the plaintiff. The amount of the monthly maintenance stipulated by the legislation, recovered from the incomes of one of the parents, is influenced by the living conditions of the child in the family, the material position of the payer, as well as the presence of other minor children and incompetent relatives. Considering all these circumstances, the court will satisfy the claim and can establish the amount of the alimony paid in the following ratio:
- at a rate of twenty five percent from wages for one child;
- at a rate of thirty three percent from the salary for two children;
- at a rate of fifty percent from earnings at presence of three and more minor offsprings.
This is the contentmodern legislation of our country. In the event that the ex-husband (wife) receives irregular income, the court satisfies the claim and assigns an individual amount intended for keeping minor children. As you can see, the law did not leave any loopholes for unscrupulous parents, because a child can not suffer through the fault of adults. Even if the husband and wife were only in a civil marriage, that is cohabiting, but they have common children, it is possible to obtain payment of the prescribed help. In this case, sometimes it is necessary to establish the fact of paternity and file for this purpose an appropriate application to the court.
Nuances related to the assignment of alimony and their payment
The award of alimony is appointed from that moment,how the claim from the claimant has arrived and all the required documents are provided. Often, the ex-wife (husband) is interested in the question of how to file for alimony, if a considerable time has passed since the divorce. This can be done only for a period not exceeding three years. In this case, the court establishes the facts of previous appeals to the payer, from which he evaded. But if long-term investigative measures are applied to the respondent, the plaintiff has the right to expect to recover alimony for all this time. The content provided for by law shall be relied upon only for a child who has not reached the age of eighteen. If the son or daughter has already become of age, then you can apply for any monetary compensation solely as an alimony debt. Therefore, do not delay the circulation to appropriate authorities, especially if there is an urgent need for it. The magistrate makes an order for the recovery of alimony, which is also the basis for the work of the executive services, within five days from the time the relevant application was submitted to court, from the state fee the plaintiff is released. If the place of residence of the payer is unknown, then the internal affairs agencies should declare him wanted to establish where he moved and where he can be. Quite often, mothers who have not reached the age of majority address the court. Here, the persons responsible for them (parents, guardians and other people) are brought to the answer. This scheme of action is applicable also in the event that the claim is made against unmarried unmarried fathers. The amount of alimony paid can be reduced or increased due to changing circumstances. These include, for example, the appearance of another child in the new family with the defendant. The court does not have the right to take into account, when appointed, the amount of bonuses, benefits and payments that are non-recurrent, that is, irregular. Collection of alimony from wages is made only after payment of all other taxes. Also, the court can establish a fixed amount of the assigned cash allowance if the payer does not work officially, has inconsistent employment or receives irregular income, and if the earnings are given, at least in part, in foreign currency. The amount of this payment is determined in such a way as to maximize the child's previous level of his life. The material and family situation of both sides and a number of other factors are taken into account. So, if the defendant hides his real income, does not work, but owns real estate, a car, a land plot and so on, then it is from the value of this property that the court determines the amount of monthly assistance for the child, satisfying the plaintiff's statement. Sometimes it happens that the claim for recovery of alimony is filed, which is considered for the whole month. At the same time, the applicant and the minor child are in acute need of material assistance, so the court has the right to make an appropriate decision on the appointment of temporary detention until the dispute is finally resolved. Usually there is enough oral request of the interested party, declared during the hearing of the case. If the claim is satisfied in such a way that the resulting alimony exceeds the time payments, then the respondent is supposed to compensate for the difference that has arisen. But the court does not oblige the court to return the excess formed in the reverse situation. Some parents, who after the divorce themselves raise children, are also interested in the question of how to file for alimony, if the defendant does not work anywhere. Does it make sense to write an appropriate statement? Of course, yes. After all, if the claim is satisfied, then you can recover the accumulated debt from any defendant's income, without taking into account his age and how many years your child will be executed.
The liability provided by the law for evading payment of alimony
Refusal to pay maintenance that has been established andappointed the court, having satisfied the corresponding claim, is inadmissible, for this, the Family Code of the Russian Federation provides for various ways of influencing debtors. If to speak the language of legal terms, then the ex-husband (wife), who is obliged to transfer to the second spouse the money for the maintenance of a common child (children) indicated in the corresponding decision, but does not do so, falls under either civil liability or criminal liability. In the first case, we are talking about the formation of arrears for alimony amounts due to the defendant's fault. The most "light" measure of influence on the part of the executive bodies may be the imposition of a fine. To more serious methods of punishment include the arrest of the property of an unconscientious parent. As a rule, the threat of such a step encourages him to comply with the court's decision, and quickly. The seizure of property is imposed after the defendant was informed of the existing debt, deliberately missed the period of time given for its repayment, but the funds did not reach the plaintiff. In this case, his expenses will increase by one second of the total amount of overdue child support for each day of evasion. And since debts are usually formed over a long period of time, the ex-husband (wife) may be faced with the need to repay a fairly impressive amount. Often payers provide a certificate from the place of work, where their minimum salary is indicated, but in fact the salary is much higher. Such facts are difficult to prove, but in the event that the court discovers a knowingly false information, the punishment can be a fine that will amount to one hundred times the minimum wage. Another effective measure applied to debtors is the restriction of their movement, they may be refused a visa or detained while passing passport control at the border. It should be noted that the law protects the defendant himself. This concerns cases when the alimony debt was formed through the fault of the firm or the enterprise where it works, due to late payment of wages. Sometimes, such unpleasant consequences can also be caused by delays in the transfer of funds by banks. If debts are formed for these or other similar reasons, that is, without the participation of the defendant, then he is released from administrative and legal responsibility. In this case, it is necessary to file a claim for recovery of overdue alimony amounts from persons who are truly guilty of delaying their timely payment. However, the penalty in this case, the applicant can not claim. But even if all these methods of influence do not help, the ex-husband (wife) systematically evading payment of alimony can incur the responsibility provided for in Article 157 of the Criminal Code of our country. Experts advise not to bring the situation to such an unpleasant outcome, so that for the rest of his life he does not tarnish his biography with a criminal record. What do you mean by avoiding fulfilling maintenance obligations? As a rule, this is a direct refusal to pay the money assigned by the court decision, and concealment of their real income by the defendant, and a change of job or residence in order to avoid foreclosure according to the writ of execution. In addition, there is also such a thing as malicious evasion from paying alimony. Here we are talking about the repetition of the respondent's conduct of such actions, the need to use search measures against him, his disdain for all sorts of warnings from the controlling services, and so on. In this case, the law provides for punishment in the form of compulsory labor. Their duration varies from one hundred and twenty to one hundred and eighty hours. To the malicious defaulter of alimony, the court is able to apply and arrest for up to three months, as well as corrective work for one year. The question of instituting an appropriate criminal case falls within the competence of the bailiff service. Therefore, it is worth paying careful attention to obligations towards your own children, to take an active part in their upbringing, and to provide timely material assistance so that your son or daughter does not have questions about where the father has gone, where now is your mother and why he (she) has more does not love? After all, children are very attached to both parents, and it is not easy for them to understand the complex relationships of adults. If your ex-husband voluntarily offers financial assistance, do not give up on her, walking on an occasion with an acute desire to hurt him as painfully as possible. Of course, the court will surely satisfy the claim for recovery of alimony, but before you write the corresponding statement, try to solve such a sensitive issue peacefully. After all, how often pride, pride and inability to negotiate lead to the fact that children become a "small change" in the war of former spouses who, after a divorce, continue to clarify the relationship! But it is the well-being of the common child that should guide the father and mother, even if their life together has not developed. We advise you to read: