Does a loan affect child support? This question is asked by citizens who are forced to support children and jointly service bank loans. The obligation to provide children with decent living conditions rests with each parent. Their termination does not occur even after the divorce proceedings. How is the debt to the state and the children fulfilled if the alimony and the loan are “hanging” on the payer, we will discuss in more detail in this material.
If a loan is received before marriage - what to do?
It is worth noting that the responsibility for a bank loan always lies with one person. Therefore, the service is carried out by the person who has signed the agreement. If the debt burden lies “on the shoulders” of exactly the parent who left the family, there are two options:
- appeal to the former spouse with a request to take on the baby;
- decrease in the amount of money allocated for the maintenance of the child.
At the same time, the other parent, in whose care the minor child is left, has the right to continue to insist that he receive the alimony in full. It is difficult to predict who will win this dispute. If the issue cannot be resolved peacefully, it makes sense to file an appeal with the courts, in which further proceedings will take place.
When making a decision, the court will pay attention to the causal factor by which the bank took the money. That is, if at the expense of this money some goods and services were paid for the whole family, then the court will most likely oblige both parents to pay such a debt. This is due to the fact that the acquired goods have become common property, debts on which should be divided in half. In practice, in such situations, an agreement is most often made.
If the loan was obtained after the divorce - features of actions
If after the divorce proceedings the couple continues to live in a joint apartment and conduct a joint household, it makes sense to recognize child support and credit as common. In principle, this will lead to a marked reduction in the size of the corresponding payments.
On the other hand, the resolution of the situation will become more complicated if borrowed funds were received strictly after the parent providing the child care received payment and received an executive sheet (a court order or an agreement concluded on a voluntary basis) to mitigate the debt obligation in this case impossible.
Are child support income for a loan?
It all depends on the individual situation. It should be determined that child support and credit are related, according to the current legislation, a parent who does not live with a minor child (usually a father) is obliged to pay a certain amount from his earnings per month to the official guardian. In this case, lawyers note that there is no effect of debt on payments. Simply put, first money is paid for the maintenance of children, and a loan is issued for the remainder of the salary.
Subtleties of calculating child support payments
With a current loan, the scheme and mode of settlement actions does not depend on whether a person has a debt obligation. To date, dimensional indicators of payments are set in the following order:
- the maintenance of one child accounts for 25% of the amount of income;
- for two children, the parent transfers 1/3 of the earnings;
- if there are 3 or more children in the family, 50% of the defendant’s income is deducted.
In this case, the loan does not play any role and acts as an additional debt burden for the borrower.
Is there a chance of a decrease in child support for an outstanding loan?
Fathers who pay a loan, and even have to partially support their children, are wondering if there is an opportunity to reduce payments. Most often, the only argument is the presence of a loan. Nevertheless, the refusal of such payments due to the repayment of debt obligations is not provided for by law. The law clearly states that repayment of a loan does not in any way affect deductions from wages for the maintenance of a minor child / children. And there is no such regulatory framework that would exempt a father who pays money from paying "children". It should be understood that after the divorce proceedings between the former spouses there is a division of not only jointly acquired property, but also debts. So, if we are talking about a mortgage or car loan, registered in marriage, there is a possibility of separation of payments. Thus, one of the spouses is faced with a decrease in the payments received for raising children, while the other can count on some concessions and a reduction in the total debt amount of alimony.
Is it possible to pay a loan due to alimony?
Alimony and credit in some cases are related. The fact is that withholding and charging money from the payer is carried out in order to meet the needs of the child, and not to fulfill the obligations of the parent (most often the mother). Therefore, this method of applying child support is unacceptable. But the above conclusion is a theory. As for the practical side of the issue, no one has the ability to track where the funds spent by the father to support the child are spent. In the lion's share of situations, such payments are not taken into account. Indeed, on the other hand, even if there is no loan, the mother can buy a child support toy, or she can buy new boots for herself. It is rare that fathers demand a report on where the money is spent.
Not enough money to pay a loan
As already noted, if a loan is taken exclusively for the needs of the father, who also pays alimony, it will not be possible to reduce the amount of debt to his own children, at least in court. But there is another way out of the situation - to negotiate with the ex-wife peacefully. In this case, the court will not affect your agreement in any way.
Usually, the period from which money for supporting children begins to be charged begins from the month in which the party filed a claim for the recovery of alimony, regardless of the date the legal decision of the court comes into force.
See also - 3 ways to terminate a loan agreement with a bank on a site -
Given the above, it should be concluded that child support and bank credit are interconnected, but this does not always happen. It is worth considering the purpose of taking money, with whom the child is left and the number of children in the family. Moreover, there is always the possibility that the spouses will agree among themselves peacefully and avoid debate in court. But in practice, such a phenomenon is extremely rare, so you have to pay both.
The article was prepared by the Information and Financial Portal: https://pankredit.com where you can familiarize yourself with current information in the field of lending and find answers to your questions.