Temporary difficulties with employment periodically experience the majority of citizens of our country. Citizens with obligations to their minor children are not an exception. What child support does the unemployed pay? What does the law tell you to do in such cases? What measures are envisaged for unemployed parents and how much should an unemployed pay child support?
Recovery of content on a minor
Recovery of alimony from an unemployed citizen is carried out in any way that does not contradict the current legislation:
- by oral agreement;
- in court proceedings;
- based on a written agreement (notarized).
The main problem is determining the magnitude. That is, how much child support will be made by the unemployed. This issue is also provided for by law.
Of course, most unemployed parents still have a certain monthly income, the amount of which can vary from month to month. Often, officially unemployed citizens earn good money doing hired work, carrying out unregistered entrepreneurial activity.
In such situations, family law provides for the possibility of collecting alimony from the unemployed in a fixed amount. For example, monthly maintenance may be exacted in the amount of a living wage or a minimum wage. In this case, it is quite difficult to calculate alimony in the proportion to the income of an unemployed citizen, since it is usually impossible to document the amount of monthly earnings. Therefore, in this case, most often the financial maintenance of children is calculated in accordance with Article 83 of the RF IC. This allows the second parent, with whom the children with the unemployed live, to receive monthly financial contributions (regardless of the size of the payer's income).
Payment Procedure
In the absence of a permanent place of work, the debtor is obliged to independently pay the child support:
- in cash through the Federal Service of Bailiffs with the subsequent transfer of payment to the account of the recipient of alimony;
- by postal order in the name of the recipient with preservation of receipts on the transfer of funds;
- by transferring money from hand to hand with receipt of the relevant receipt from the collector.
In any case, the alimony paid from the unemployed to the minor must have documentary evidence.
Debt calculation
A significant period of non-payment of alimony is the basis for calculating the amount of debt.
The debt of an unemployed parent is calculated depending on how much child support an unemployed father pays , or rather, what amount is assigned to him by the court.
If the debtor is obliged to pay part of his monthly income (one second, one third or one fourth share), the calculation of the citizen's debt is based on the average Russian salary, provided that such parent has not submitted a document confirming his income.
Calculation of debt for alimony from the unemployed, if the maintenance is established in a fixed amount, is made from the amount determined by the court and subject to periodic indexation of the established minimum.
The debt of an unemployed parent with an official unemployed status and receiving appropriate payments shall be calculated based on the amount of the allowance assigned by the state (if alimony is established in proportion to income).
If the parent submits documents confirming his monthly earnings, the bailiff will rely on the specified amount of income when calculating the debt.
The debt is calculated according to the following formula:
Parent's monthly income (average Russian salary, unemployment benefit, or income minus taxes registered with the tax authorities) * share of child support payable monthly (in accordance with a court decision or a notarial agreement) * number of months in the period of non-payment of alimony = amount of debt.
Decrease in the amount of debt of the unemployed
The amount of debt calculated by the bailiff can be reduced:
- if the debtor submits documents on partial repayment of the debt (receipts, receipts confirming the fact of the fulfillment of maintenance obligations in the period recognized as the period of non-payment of maintenance);
- in the event that the court makes the appropriate decision (to reduce or change the amount of the alimony collected).
Enforcement of unemployed parents
The status of an unemployed citizen does not exempt a parent from fulfilling maintenance obligations in favor of his minor children. Consequently, in relation to such citizens, the enforcement procedure established by federal law is applied.
This procedure includes several coercive measures that allow you to collect child support from an unemployed father.
Employment of a citizen
Of course, the bailiff is not required to provide the debtor with work. However, in the case of a long period of non-payment and the debtor does not have officially registered unemployed status, such a parent is handed a referral to the appropriate department of the State Employment Service in order to register and find a job. In addition, a parent registered as unemployed will be able to receive state security in the form of unemployment benefits, from which the maintenance for a minor will be deducted.
Search and debiting of funds from the accounts of the debtor
A standard coercive measure by which it is possible to recover child support from an unemployed father. Suppose a citizen obliged to pay financial maintenance to his minor children declares that he does not have official employment and does not have a regular income. At the same time, he makes monthly payments under a loan agreement. Consequently, the debtor has a certain income, but hides it, avoiding paying maintenance to his children. In such a situation, the bailiff has the full right to foreclose (simply write off) the debtor's funds found on credit, settlement, savings and other accounts.
Seizure of property
Provided the unemployed debtor has objects of movable or immovable property, the bailiff has the right to foreclose it, that is, arrest and transfer it for sale. The proceeds from the sale of property are used to pay alimony obligations. Arrest can include both low-value movable objects (for example, household appliances, furnishings, tools and other things belonging to the debtor), and objects of significant value (for example, transport and technical means, land, residential premises, etc. .).
Criminal and administrative measures
In the absence of funds and property from the debtor, as well as subject to malicious evasion of the performance of maintenance obligations, the non-payer shall be involved:
- to administrative responsibility under Article 5.35 of the Code of Administrative Offenses.
- to criminal liability under article 157 of the Criminal Code.
Often such drastic measures of coercion give their results, the former unemployed parent finds the means to pay maintenance to his children.
In addition, a parent sentenced to real deprivation of liberty is often employed at the place of serving his sentence, which allows him to partially repay the amount of debt due to earned income.
Deprivation of parental rights
Such a measure is not so often addressed. A sanction is applied only if there are conditions established by law, in particular in cases of malicious evasion of a parent from fulfilling maintenance obligations. The argument that the parent is unemployed will not be enough for the court. However, in certain circumstances, the threat of disqualification is enough to make the negligent parent think.
The circumstances that compelled a person to quit his job may be different. Therefore, try not to let the situation go by chance, and discuss with your ex-spouse the procedure for fulfilling maintenance duties during the period of involuntary unemployment.