It is believed that about half of all marriages in Russia end in divorce by mutual consent of the parties. True, sociologists have recently said that this statement is already false and has not been true for some time. Among people who got married in the nineties, there are many more who celebrated their fifteenth wedding anniversary than among those who tied the knot in the seventies or eighties. There is a forecast that the percentage of divorced marriages will amount to a little more than one third in the future, but so far single mothers and divorced women of different ages with minor children are met.
But the maintenance of children, according to the Family Code of the Russian Federation, is equally an obligation (and not a right) of both parents, even if they are not married. In this case, voluntarily or in order to recover part of the salary of a legally capable parent who has left the family, alimony is paid, that is, financial resources necessary to support the child. Legislation provides for forms of assistance, the procedure for payments and determination of the size, procedures for the appointment and collection.
When can I claim child support?
When can I apply for child support? The following categories of persons are entitled to receive cash assistance from a spouse, former spouse, father of a child:
- minor children, one of whose parents or both do not fulfill their maintenance duties;
- disabled children after they reach adulthood;
- disabled spouse;
- a woman during pregnancy and within three years from the birth of a common child;
- a spouse or former spouse who is caring for a common minor child with a disability and a disabled child of the first group after reaching the age of majority;
- disabled former spouse who has lost working ability until the moment of divorce or within a year after that;
- a spouse who has reached retirement age within five years after the end of the relationship and needs financial assistance.
Can I apply for alimony in marriage?
This question often arises. So can I apply for child support without a divorce or not? It doesn’t matter if the citizens live in a marriage, divorced or did not form a union at all, but cohabit - the obligation to support common children and support a partner in special cases (incapacity or retirement age) exists under any circumstances. Citizens living without marriage registration still have rights and obligations.
So you can apply for alimony while married, and if the children were born out of wedlock, and living with their spouse, and separately. True, in any case, it is necessary to prepare sufficient evidence. It is necessary to find witnesses who can confirm that the man is really evading participation in the maintenance of common children.
Can a child file a lawsuit?
Can I apply for child support? The fifth part of the Family Code details the circumstances of the appointment and payment of cash assistance voluntarily or by court order. There is no specific law that would determine the possibility of a child filing a lawsuit before reaching adulthood or after it, if he is a disabled child or a disabled person. This can only be done through an official guardian or a public authority for the protection of children's rights. Even after adulthood, a statement from the guardian, in whose care the child was under 18, is necessary.
How old is the maintenance paid?
Can I apply for child support for a child who has reached the age of majority? Usually, payments are terminated upon the death of a party to one of the parties to the agreement, the expiration of the period for which the agreement was concluded, or other events that are expressly provided for by the agreement. But this is if the parents reached an agreement on the issue of payments and fixed their duties in an agreement notarized.
In the event that alimony was awarded as a result of the implementation of the relevant court decision, the termination of payments is possible only if the child reaches the age of majority, adopts or adopts a child for whom the money was recovered, the termination of the need for help or the restoration of the ability to work of the former spouse who contains the child, the entry of a disabled spouse into a new marriage, death.
Under the law, a parent can stop paying child support until he reaches the age of 18 if the child marries in accordance with the law or acquires full legal capacity before adulthood: works under an employment contract or becomes an individual entrepreneur. After 18 years, payments are only made to disabled children with persistent health problems if the child needs help. The concept of need in the law is not specifically defined, so this issue remains for consideration by the court.
The law on supporting a child who is studying full-time at a higher educational institution in Russia was considered, but was not adopted. Therefore, a student can receive child support only if the parent decided to pay them voluntarily. As a rule, in this case, an agreement is reached verbally, and money is simply handed over.
From what moment are payments calculated?
When can I apply for child support? You can go to court with a statement while you are married or after a divorce. It is possible to speak about the recovery of financial assistance in court from the moment when the spouse or ex-spouse stops supporting the child. Payments are accrued from the moment of appeal to the court with the corresponding statement, and not from the adoption of a decision or its entry into force.
In addition, Russian law enshrines the right to receive payments for the three years preceding the appeal to the court. In this case, however, it is necessary to prove that, in pre-trial order, attempts were made to receive financial assistance for a minor child, but turned out to be ineffective. The statute of limitations in cases of this type is not legally fixed, so the right to appeal to the court to recover funds does not depend on the period that has elapsed since the right to alimony arose.
What are the collection methods?
Is it possible not to apply for child support if the spouse voluntarily supports a minor child and an ex-wife? Yes, because money can be paid on a voluntary basis or through judicial recovery. In the event that the former spouse agrees to voluntarily pay a fixed amount or percentage of the salary for the maintenance of the child, a special agreement is drawn up in which all the nuances should be described in detail. The agreement is certified by a notary. You can only change or terminate it through a court of law.
If the ex-husband and wife cannot agree on their own, then you must go to court. The application must be made by the spouse with whom the minor child is left. After that they will issue a writ of execution, which must be transferred to the bailiffs. The judge makes a decision based on the income of the former spouse, the financial situation of both parties, the wishes of the plaintiff, which relate to the method of payment.
How is the payout set?
When you can apply for child support it’s understandable, but what about the size of the payments? The legislation provides for two options for determining the amount of alimony: payment as a percentage of the wage of a spouse who does not contain a child, or a fixed amount. In the first case, the amount of payment depends on the defendant’s salary and the number of children in common. A father who has left the family is obliged to pay a quarter of the monthly income if one child was born in the marriage, a third of the salary if there are two children in common, and half the income for three or more children.
Payment in a fixed amount should always be greater than the minimum established by law. A fixed amount of payment is assigned in court if the defendant has inconsistent income (is engaged in entrepreneurship, for example), receives part of the income or all in kind, in the currency of a foreign country, and has no source of income at all. In addition, a fixed amount is paid in cases where the determination of the percentage amount is very difficult, impossible at all, or as a result of such an order the interests of any party will be violated.
On a voluntary basis, a fixed amount of payment of alimony is established by mutual agreement of the parties. It is important that in this case the amount of security should not only cover all the basic needs of the child, but also maintain the usual standard of living. But at the same time, the remaining amount should be enough so that the payer can independently provide for himself and his family members.
What documents are required for the court?
When can I apply for child support if my ex-spouse refuses to voluntarily help my common child and make an agreement? You can apply with a statement as soon as this fact is clarified. To file a claim for withholding child support, it is necessary to prepare a statement in several copies, a divorce certificate, a marriage certificate (if any), a court decision on divorce, birth certificates of children, a certificate of family composition, copies of passports of both parents, a source and size confirmation income. The court may request additional papers.
The decision to divorce must be made, since a marriage in which there are common children is dissolved only in court. The court decision in this case is final. Today, divorce certificates are no longer issued, and the marriage union is considered terminated from the entry into force of the decision of the judge. But if the divorce was filed before the introduction of this rule, it is worth attaching a certificate.
It is advisable to fill out a statement with an intelligent lawyer. The request is worth the maximum payment, because the court cannot go beyond the requirements of the plaintiff. That is, if the mother, for example, requests payment of one sixth of the father’s wages for the maintenance of the child, then the court cannot order the payment of one fourth.
A copy of the statement will be sent to the defendant. If the plaintiff does not have a certificate of marriage or divorce, then you should contact the registry office and get a duplicate. In the event that the original document is held by the defendant, this fact must be reflected in the application, the court will request the document from the defendant. Plaintiffs who apply for child support are exempted from paying the court fee, so no receipts are required. State duty will subsequently be pulled from the defendant.
Can I apply for child support through the MFC? Such an opportunity also exists. It is necessary to collect a package of documents, make an appointment at a suitable department of the MFC, or personally come to the center and pick up an electronic line ticket, fill out an application (the form and sample are issued on the spot). Then we can only wait for a solution. The status of consideration of the application can be tracked by the number of the receipt that the center employee will issue when he accepts the package of documents.
What to do next?
Alimony for a husband can be brought to court or the MFC. In the latter case, the deadline for consideration of documents can be expected to be extended. But what to do when all the formalities are completed? It remains only to wait for a solution. The court will schedule a meeting and notify the date and time of the plaintiff and defendant. On the appointed day, the parties must appear before the judge. After the meeting, a court decision is made, but after receiving this decision, everything is just beginning.
Next, you need to contact the bailiffs, but this is if the defendant voluntarily does not fulfill obligations. Upon appeal, they will conduct enforcement proceedings. In the future, bailiffs who will determine the income of the payer will be involved in the collection of the necessary amount. As a rule, the corresponding order is sent to the company where the defendant is employed. Accounting from this moment is obliged to make deductions. If a person is not employed, then foreclosure applies to all sources of his income.
What if the parent does not pay maintenance?
When can I apply for child support if my ex-spouse does not pay the amount due? Re-apply to the court for the appointment of money for a minor common child is not necessary. If the parents voluntarily agreed on the size, procedure and timing of the payment of funds, the former spouse with whom the common child lives may contact the notary in case the other party violates the terms of the contract. The notary will make an inscription, and then you need to contact the executive office with this paper.
You can defend your rights in court. You can apply for alimony again if the first court decision is not enforced, and the former spouse avoids paying the amount due in every way. It is necessary to re-prepare the documents and apply for non-payment of alimony. If after all these actions the money never arrives or arrives in a smaller amount, the plaintiff has the right to submit an application to the executive service. The state executor may contact the police upon evading payment of alimony. Until the debt is paid, the property of the former spouse may be seized and his departure from the country prohibited.
When does child support increase or decrease?
Is it possible to reapply for child support if it is known that the defendant's wages have increased? Yes, this is a sufficient reason to increase the size of payments. The amount of payment is revised (possibly both in the direction of increasing and decreasing) in the following cases:
- there is a need for additional medical care for children;
- a significant level of inflation is recorded in the country;
- the parent who pays alimony receives a different monthly income, his well-being increases or decreases;
- the defendant has another child, who also needs to be supported, has elderly parents;
- the property condition of the child and the parent with whom he remained after the termination of the union between the spouses improves or worsens.
Is it possible in marriage to file for alimony (a review of the amount) based on these facts? Yes, after all, it was mentioned earlier that both parents, if they are married, and if not, have equal responsibilities in maintaining a common minor child.
In what cases does the state pay child support?
How and when can I apply for child support if the parent does not pay the amount of money to support the child? The necessary payments can provide the state. This is possible if the second spouse does not have a source of income or property that would allow the payment of funds, is wanted, in military service, under arrest, is incapable, alimony is paid in a smaller amount than expected.