It is hard to believe, but some citizens still do not know the concept of alimony. They only heard about this component of the life of family citizens, but nothing more. Unfortunately, alimentary disputes can arise in everyone. To do this, it is not necessary to have minor children. Below we will try to consider all the features of maintenance disputes. What it is? What are they needed for? Under what conditions increase, decrease or cancel? The answers to all these questions will not only clarify the situation.
Definition
The concept of alimony in Russia plays an important role. The thing is that they describe the citizen’s right to receive material support from a close relative who does not live with him on a permanent basis.
In other words, alimony refers to regular (usually monthly) cash allocated to support a needy relative. They are different. And assigned differently. We will talk about all this further.
Who is eligible
The concept of alimony helps citizens understand why an appropriate form of support is needed at all. The thing is that citizens with families should help each other. And contain as well. It is registered in the RF IC.
Alimony is usually entitled to:
Other relatives can also apply for financial support, but such situations are much less common. Therefore, we will not dwell on them.
It is worth noting that the prerequisites for receiving money in the form of alimony are:
- the need of a citizen;
- the presence of family ties;
- the onset of disability (including temporary disability).
What else does the child support law say? And what information can be useful to every citizen of the Russian Federation regarding this topic?
Assignment Methods
What is child support, found out. And how can they be assigned? The thing is that there are various options for the development of events. Therefore, each case must be considered separately.
In general, alimony may be awarded:
- in court;
- by oral agreement;
- due to the conclusion of a peace agreement between the parties.
As a rule, in bona fide and strong families, maintenance issues are not exacerbated. And if any conflicts arise, they are solved orally, amicably. Unfortunately, such situations are becoming less common. And often you have to meet with close relatives in court.
Spouse Payments
The concept of child support in Russian law makes it possible to understand what constitutes appropriate financial support. When and to whom it is laid, too. The concept and types of child support are not so difficult to remember.
Special attention should be paid to alimony for the spouse. They are prescribed:
- retired husband / wife;
- a pregnant spouse;
- a spouse on parental leave.
It is worth paying attention to the fact that alimony payments can be assigned both in marriage and without it. Just in the first case, you have to try pretty hard to defend your point of view.
Parent Payments
The understanding of alimony is interpreted in Russia as a form of providing regular financial assistance to a needy relative. It follows that children are required to support their elderly parents in old age. But only on condition that they are needy and disabled. The rich but unemployed will not have to pay.
SK alimony is collected from all children of potential recipients of funds. You can refuse the money of a specific child, but at your own expense. From the total amount of alimony, the proportion of the person from whom the funds do not want to be deducted will be deducted.
Child support
The law on child support most often causes some difficulties if the child is the recipient of the money. Under the law, financial support can be assigned to both a minor (required) and an adult.
In the second case, the child must be either an invalid or a student without an official full-time job. Disabled funds are paid until the time the need is removed, and students up to 24 years.
Minors are entitled to alimony up to the age of 18. If the child requires emancipation - up to 16. The minor acquires the right to financial support from parents from birth.
Important: if the relationship with one parent or another is not confirmed, you must first prove it.
Payment Methods
Article 81 of the Family Code of the Russian Federation on Alimony spells out the amount of financial assistance allocated to minors in a judicial proceeding. But this is not the only scenario.
The thing is that child support payments can be assigned:
- in a solid size;
- as a percentage of the salary received.
As a rule, the method of payment depends on the specific life situation. For example, judges recommend with the IP to require a fixed alimony. Otherwise, you can stop at a percentage of earnings.
About interest rates
What is child support? The answer to this question will no longer drive a citizen into a dead end. Only it is not entirely clear in what amounts and how exactly the corresponding payments are assigned.
Earlier it was said that child support can be paid as a percentage of earnings. It is necessary to focus on the following amounts:
- 25% of the profit - for one child;
- 33% of income - for two children;
- 50% of earnings - for three or more children.
In practice, less than the amounts listed are not assigned. It is possible to reduce the interest rate on alimony only when the financial support provided is more than enough for the cost of a child.
Possibility of adjustment
The concept of alimony in the RF IC is prescribed as a citizen's duty. They cannot be exempted from it either at low earnings or in the absence of work. Everyone needs to remember this.
Child support may be indexed, reduced, or increased. Usually, the alimony will apply for the second operation, and the recipient of money or his representative for the third.
You can reduce child support if:
- the citizen lost his capacity to work through no fault of his own;
- alimony’s income has fallen dramatically;
- the payer has new dependents;
- a citizen has found serious health problems.
An increase in financial support is carried out more often than a decrease in it. As a rule, the reasons for this are:
- price increase;
- an increase in the cost of ensuring the life of the recipient;
- the appearance of diseases requiring a long and expensive treatment.
In reality, everything is simpler than it seems. Especially if you carefully study the legislative framework of the issue.
Termination of Payments
In the Civil Code of the Russian Federation, alimony is also indicated. The thing is that in this code of laws the general principles for the disposal of money by an incompetent person or guardian of a child are prescribed. According to the law, alimony will be spent on the needs of the recipient on behalf of his legal representative.
In certain circumstances, child support may be waived. This is possible if:
- managed to refute kinship;
- the recipient dies;
- the payer dies or disappears;
- the child draws up an emancipation.
If a parent is deprived of parental rights, he will still be required to pay for the maintenance of his children. But on financial support from the side of the grown descendants in the future, the deprivation of the parent’s authority is taboo.
About collection
Not everyone faithfully pays alimony. The concept of this term helps to understand the purpose of the relevant payments. Money is allocated exclusively to the needs of the recipient to ensure a normal life.
When a debt is formed, the debtor can collect it through a court. In this case, money is allowed to be requested for the last 3 years of delay.
Moreover, a large debt on child support is a good reason for the deprivation of parental rights. A parent with whom the child lives on a permanent basis can apply to the court with evidence of a debt and deprive the parental authority of the second legal representative of the minor.
Important: debt collection through child support is carried out through the FSSP.
Labor Code of the Russian Federation and child support
The Labor Code also provides for the collection of alimony. Each employer should know how to withhold appropriate funds from their subordinates if they do not fulfill their obligations in good faith.
As a rule, according to the Labor Code of the Russian Federation, the employer must withhold 20% of the salary of a citizen, and in some cases up to 50%. It is impossible to withdraw funds beyond this value.
Moreover, if some payments do not provide for the collection of alimony, it is impossible to withhold certain amounts of funds.
How to sue
The concept of alimony was studied. And we also got acquainted with the basic principles for assigning appropriate payments. And how to apply for child support?
It is proposed to do this in a district court. A citizen must:
- Make a statement of claim.
- Collect a package of documents, and then apply to him and a lawsuit in court at the registration of the defendant.
- Take part in the meeting.
- Get a court order on the misappropriation of child support.
It sounds quite simple, but in fact, child support is a huge paperwork. Sometimes you have to run around a lot in order to recover funds from a citizen.
Documents for the court
The main problem with the appointment of alimony for adult relatives is the lack of a clear definition of the criteria of need. This question is determined individually.
To file an alimony usually requires the following components:
- passports of the parties;
- birth or adoption certificates;
- certificates confirming kinship;
- certificate of marriage or divorce (if any);
- certificates of income of the potential payer;
- extracts from the plaintiff's place of residence;
- any evidence that can confirm the fact that the potential payer refuses to provide financial assistance to family members;
- witness's testimonies.
In addition, if a citizen has decided to demand a full amount of child support, he is advised to attach a calculation of his living expenses. This will help the court deal with how appropriate the plaintiff demands money from the defendant.
Conclusion
The concept of alimony was presented to our attention. In the RF IC, they are indicated as a duty of a citizen, and not a right. Only it can be executed both in court and through a peace agreement.
If a person has child support disputes with family members, it is best to hire a good family lawyer. Only under such circumstances can a person prepare as accurately as possible for the upcoming court debate. And sometimes even avoid or prescribe quite high child support.