More and more often, some citizens are wondering whether it is possible to transfer child support to a child’s account. In particular, if the recipient is not yet 18 years old. There are several reasons for this question. For example, sometimes it is problematic to control the consumption of alimony funds. And someone simply does not want the money transferred to the child to be spent somehow. Sometimes payers think about transferring funds to the child’s account out of harm and only occasionally out of good intentions. Is there a chance for a successful implementation of ideas? How to spend child support? And to pay? The answers to all of this will certainly be found below. In reality, everything is not as difficult as it seems.
Definition
The first step is to deal with the concept of alimony. What it is?
So called regular (usually monthly) payments allocated for the maintenance of needy relatives. The recipients are usually children, spouses or parents.
That is, child support is a certain amount of money that will have to be spent on the needs of the recipient. As a rule, the most serious alimentary disputes erupt against minors. Can I pay child support? And how much do you have to pay in any case?
Assignment Methods
The answers to these questions directly depend on the circumstances in which money was allocated for the maintenance of the child. The fact is that child support can be paid in different ways.
Firstly, there are 2 types of translations. Namely:
In other words, child support can be requested from the parent of the child, even if the family has not split up. Similar situations are encountered more and more often in Russian judicial practice.
Secondly, alimony can be paid:
- voluntarily;
- in court;
- through a peace agreement.
All of these translation methods have their own characteristics. But, as a rule, child support is not transferred to a child’s passbook or to a bank account. And there are reasons for that. But more on that later. To begin with, we will study all the features of maintenance obligations.
Payment Amount
How much to pay in one case or another? The Family Code of the Russian Federation indicates that the parents of a minor child are required to fully provide and educate him. Accordingly, if mom or dad (most often fathers) refuses to allocate funds for a minor, you have to seek help and award child support.
The size of payments depends on many factors. In general, money to support a child can be assigned:
- in solid cash;
- as a percentage of payer income.
In the first case, the cost of living per child in the region is usually taken into account. In the second - the number of children with a potential payer of alimony.
Usually when assigning alimony it is recommended to pay attention to the following minimum payments:
- 25% of income - per 1 child;
- 33% of monthly profit - for 2 children;
- 50% of monthly earnings - if there are 3 or more children.
In fact, remembering all these rules is not difficult. Unfortunately, sometimes the amount of allocated funds is very small - about 1-2 thousand rubles. And many mothers simply refuse such "help". After all, often to assign child support in the prescribed manner have to work hard.
Alimony obligations are fulfilled even if the payer has no income. Lack of work is not a reason for exemption from parental obligations.
Deprivation and alimony
Can I pay child support? The answer is not as simple as it seems. To begin, consider all the features of the purpose of payments for the maintenance of children. Maybe someone is able to free themselves from such responsibility?
Some believe that with the deprivation of parental rights, maintenance obligations are not necessary. But actually it is not. A citizen will still have to pay alimony in the prescribed amount. And so on until the child is 18 years old or until he is adopted by law.
Voluntary payment
Can I pay child support? As we have said, citizens face a number of problems in solving the issue under study.
Alimony is sometimes paid voluntarily. One of the parents (the one with whom the child does not live, most often the father) allocates a certain amount of money every month and gives it to the ex-spouse so that he spends money on the minor. This is the least protected scenario from all directions.
For example, with the voluntary payment of alimony, it will not be possible to demand the transfer of funds. In the same account, as well as asking the recipient of the money any reports on spending without fail.
Bills and Voluntary Payments
Is it possible to transfer child support to the account of the child if the spouses decide to do without formalizing the obligations? Not. More precisely, the alimony payer has the right to open an account in the name of the child with the subsequent crediting of certain money to it. This right is not taken away.
But for child support such deductions will not be considered. These are voluntary payments that can be spent on the needs of a minor, and can be deferred until children reach 18 years of age.
Agreement of the parties
Also, alimony is sometimes assigned by a peace agreement. This operation also cannot be called the official appropriation of funds for the maintenance of children. Indeed, in fact, the parties simply agree on the procedure for payment of funds and fix the agreement with documents.
In this case, you can discuss in advance the procedure for transferring money, specific amounts, indexation, and so on. The peace agreement also prescribes how the funds will be transferred. In such circumstances, a child support transfer is possible. But only on condition that the corresponding norm will be spelled out in the peace treaty.
Important: when allocating funds for the maintenance of children with a transfer to bank accounts, you will have to leave a corresponding comment. He must indicate that the money received as alimony. Otherwise, transfers will be calculated as voluntary additional financing.
Conclusion of a peace treaty
How to conclude an agreement? It is not difficult to do this. Especially if the parents were able to agree in advance on how to pay child support.
It is necessary:
- Collect documents. For a peace agreement, parents' passports, a marriage or divorce certificate, a contract, birth certificates of all children will come in handy.
- Contact a notary public.
- Pay for notarial services.
- Sign the contract in the presence of an authorized person.
- Collect certified copies of the agreement. In this case, one copy must remain with the notary and one go to each side.
That's all. Now you can not worry about the fulfillment of maintenance obligations.
By court
Can I pay child support? There are a number of exceptional cases in which this is possible. But with significant limitations. We will talk about this a bit later.
First, consider the last option for the appointment of alimony - through the court. It is this alignment that is called the official appropriation of the allocation of funds for the maintenance of the child.
A claim for the appointment of alimony can be made by both the potential recipient and the payer. In this case, the rights and obligations of the parties will be regulated and protected by law. This is the safest way to solve the problem.
Documents for the court
But how to go to court to order child support? The future of the child is sometimes seriously dependent on such payments. After all, money in relation to minors is not superfluous. Children need to be dressed, fed, taught and treated. All this costs money.
It is necessary to apply for help with the official appropriation of alimony to a magistrate court. Less often - in the district. The same applies to changing child support payments. You will have to go with the claim to where the initial decision was made on the issue under study.
The plaintiff will have to take:
- identification;
- writ of execution (if any);
- birth certificates of children;
- income statements;
- divorce / marriage certificate;
- extracts about family composition.
This is usually enough. In such circumstances, as a rule, an alimony is assigned with a transfer to the parent's bank account, which will spend money on the child. Or in the form of cash.
About accounts and courts
As we have already said, during the judicial debate, it is possible to achieve the transfer of child support to the child’s account. But in reality, this is problematic. Why?
The fact is that under current law it is allowed to transfer alimony in the amount of not more than 50% to the account opened in the name of the child. Or on his savings book. But in full funds cannot be transferred to the account of a minor.
The whole problem is that under normal circumstances such a step is not possible. If the money is in the child’s bank account, the parent will not be able to use it. This means that providing children with adequate nutrition, maintenance and training will be difficult.
The main point giving the right to appeal to the court to change the procedure for paying alimony with subsequent permission to transfer funds to the child’s account is the misuse of the allocated finances. For example, if a mother spends money on her needs and desires.
In this case, the payer of alimony may file a lawsuit with the court for permission to transfer funds to the account of the minor. But you have to prove the misuse of alimony. To do this is problematic. After all, the legislation does not in any way enshrine the need for a constant report to the "alimony" for spending the money received.
About reporting
But if a citizen was awarded the payment of alimony in court, he may at any time demand a report on expenses. This is a normal occurrence. Especially if there is a suspicion that the recipient parent is spending the money for other purposes. For example, on yourself.
In the form of reports, any extracts and inquiries may be suitable. For instance:
- purchase receipts;
- receipts for medical and educational services;
- bank statements (by bank transfer).
As we already said, to prove the fact that a citizen-recipient of alimony spends funds for other purposes is problematic. Sometimes such attempts turn out to be plaintive for the plaintiff - he may be put forward a counterclaim to increase child support.
Parent's default
“Alimony” can open an account for a child, and then transfer money there. Typically, such payments are not counted as child support. But there are exceptions.
As we have already said, citizens can obtain permission to partially transfer child support to the child’s account if the recipient misuse the funds. But this is a rather difficult operation.
Sometimes it’s easier to prove parental failure. This decision will not only allow the child to transfer money to the account, but also completely switch places with the former spouse. For example, to make sure that children live with those who initially paid child support.
Of course, everything has to be proved during the trial. The plaintiff will have to collect documents and materials indicating that the bright future of the child is in danger because of the parent with whom he lives. For example, it can be proved that children eat poorly and poorly, live in terrible conditions, and the parent-recipient of alimony leads an immoral lifestyle. Then the transfer of funds to the children’s account and the full replacement of roles in relation to the “alimony” and the parent-recipient of the money are allowed.
What to spend on?
And how to spend child support? What is the responsibility of parents?
Family legislation of the Russian Federation indicates that citizens are required to fully educate and provide for children's needs. And equally. Both parents are involved in these processes, and no child should be deprived.
Buying clothes for the season and for the future is the targeted use of alimony. It is included in the concept of ensuring a normal life for the child, contributing to the proper growth and development of the minor. Therefore, if the mother spends money on the purchase of clothing for her child, you can not go to court. Such purchases are easily confirmed.
In addition, you can spend child support on:
- educational services;
- mugs for children;
- entertaining and cultural events;
- equipment for a normal life and education of the child;
- devices needed by modern man;
- medicines;
- footwear;
- provision of rest;
- good nutrition for children;
- medical services.
That is, if kindergarten is paid through alimony, we can assume that the money is being spent for its intended purpose. But parents can discuss who pays for what. Typically, this option is used with the maintenance agreement. And sometimes it is allowed to reduce child support by the amounts allocated for certain services. But this is an extremely rare scenario.
Alimony purchases
Some believe that you can get rid of child support by buying a child a variety of things and paying for certain services. We found out what is considered juvenile detention. But is it possible, fulfilling the above conditions, not to pay child support? We are talking about the official appointment of payments for the maintenance of children.
Unfortunately not. In court, child support is awarded only in cash. And therefore, treating a minor, buying him clothes, toys, books and so on will be considered gifts in excess of child support. At the same time, if necessary, the parent-recipient of the funds can contact the former spouse for additional help. For example, if a child needs expensive treatment. As in all previous cases, a citizen will have to prove the legitimacy of his claims. Payment of kindergarten, if necessary, is also allowed in the form of additional incoming payments.