The question of how to force alimony to pay an ex-husband worries many modern women. In Russia, divorce statistics (especially when children are present) emphasize that couples diverge more and more. But parental obligations after divorce do not stop. And parents are required to fully (equally) support their minor children. The parent (most often the husband) with whom the child does not live is assigned the payment of alimony. But far from all fulfill these obligations. What should a wife do if her ex-spouse decided that after a divorce, parental obligations can not be fulfilled? What tips and tricks are popular in Russia?
About recipients
How to make alimony pay ex-husband? To answer this question, you first need to understand who is entitled to such payments.
Children, spouses and parents of an able-bodied citizen can apply for child support. Most often we are talking about minors. After a divorce, as a rule, children remain to live with their mother. And fathers must, before reaching the age of 18 years, monthly allocate certain amounts of money for maintenance.
Methods of assigning alimony
How to make her husband pay child support? It is worthwhile to understand how you can get child support payments. In Russia, this issue has 3 solutions.
Alimony today can be assigned:
- by oral agreement;
- through a peace agreement;
- through the court.
In fact, everything is harder than it sounds. After all, the appointment of alimony is not equal to their guaranteed payment. Therefore, mothers have to struggle for the means put to their children for a long time.
About the amount of payments
How to get an ex-husband to pay child support officially? To do this, you either have to go to a notary public and conclude a peace agreement, or file a lawsuit in a district court.
How much will you have to pay? It all depends on the income of the payer. And on the number of dependent children.
Today it is recommended to focus on the following indicators:
- 1/4 of monthly earnings - if there is 1 child;
- 1/3 of monthly income - for 2 children;
- at least 50% of the profit - 3 or more children.
In addition, citizens may demand a payment in hard cash. Then the exact amount of alimony will be assigned taking into account the cost of living.
Conversations
How to make alimony pay ex-husband? To begin with, it's worth talking. Sometimes even former spouses can find a common language.
It is better to agree orally on the payment of alimony. Or conclude a peace agreement. But this option does not give any guarantees.
If the recipient of the alimony has a court order, but the obligations are still not fulfilled, it is preferable to contact the payer and clarify the situation. It’s enough to talk normally - and the problem can be resolved by itself.
Courts
But this is an ideal scenario. How to force the father of the child to pay child support? If a normal conversation or a settlement did not help, you will have to act more decisively. We are talking about the official appointment of alimony, through the court.
It is necessary to file a lawsuit with a local judicial authority (global). A specific set of documents is applied to it, and then they wait for the results. At the end, the plaintiff will be issued a court order. Using it, enforcing child support obligations will be much easier than it seems.
About appropriation through the court
How to make her husband pay child support? The procedure for the appointment of alimony in an official manner raises many questions. The main thing is to know how to act. It is noteworthy that alimony can be assigned in a marriage. Therefore, it is not necessary to divorce the child’s father to realize the idea.
To sue child support, the following papers will be required:
- lawsuit;
- statements of income of the defendant;
- certificate of birth, divorce, marriage (if any);
- extract from the house book;
- certificates with the registration of children;
- ID of the plaintiff;
- other documents that may affect the course of business.
If it is not possible to obtain a certificate of income, the citizen will simply have to attach a request with a request for the place of employment of the future payer of alimony. All this is not as difficult as it seems.
Bailiffs
How to make father pay child support? Often the presence of a court order does not affect the alimony. This is a very common occurrence.
In order to forcibly recover money from the payer, the recipient of the funds (in our case, his representative) can turn to the bailiffs for help. They will take measures to enforce the collection of money for the maintenance of children.
Employers
How to force the father of the child to pay child support? The next rather interesting trick is to directly contact the employer of the former spouse. You must have a court order and documents confirming the debt with you.
As a rule, a conscientious boss will forcibly withhold the amount of alimony from the employee’s salary. And in the hands of a subordinate will receive as much as he would have left after paying alimony. This is not the most common, but occurring in practice, phenomenon.
Property and Debt
Thinking about how to make the ex-husband pay child support, you need to carefully analyze the current situation. In some cases, our next example will not be effective.
To resolve issues related to child support, you can go to court again. But this time, the plaintiff-recipient of the funds must demand bringing to liability for the presence of debts on alimony. With significant amounts, the court quickly arrests and sells the property of the debtor. The proceeds are given to the recipient of alimony. Only the remainder (if any) is returned to the debtor.
Accordingly, this measure can scare those who have something to lose. If the former spouse does not have property, he has nothing to fear. Under current laws, they cannot arrest a single housing. And therefore, such a technique may simply not be suitable for a specific situation.
The prosecutor
How to make alimony pay ex-husband? It is hard to believe, but debt can threaten the debtor with criminal liability. It is enough to wait a bit (until a considerable debt accumulates), and then contact the prosecutor's office.
Prosecutors respond fairly quickly to child support requests. In particular, if a person has a large debt. In this case, a criminal case is opened, then the citizen is held accountable and forced to pay. For example, through the forced sale of property.
If the bailiffs are silent
But that is not all. In Russia, quite often, even after these actions, citizens are in no hurry to pay child support. What to do next?
The following tips will help:
- apply to the bailiffs for information on the amount of debt;
- submit an application to the senior bailiff with a request to monitor the work of junior employees;
- apply to the court for charging a penalty;
- send to the bailiffs a copy of the decision with a penalty.
Then it remains only to wait. Other actions and their outcome depend on the perseverance of the bailiffs and the resourcefulness of the alimony.
Civil marriage and payments
But how to make a civil husband pay child support? This scenario is becoming more and more common. After all, people often live in a civil (unregistered) marriage and even give birth to children like that.
Obtaining child support under such circumstances can be problematic. Especially if there is a dash in the birth certificate of the child. For example, if the baby’s father left before delivery.
To get money for the maintenance of a minor will still work. The main thing is to persevere. Have to:
- Collect documents confirming kinship and relations with a potential payer.
- Run a DNA test.
- File a lawsuit in a magistrate’s court with the appropriate request. You will have to present the previously listed package of documents for the implementation of ideas.
- Wait.
As practice shows, the most problematic situations are those in which kinship with a child is not proven. They cannot force a DNA test. A citizen himself must agree to such an act. Otherwise, proving kinship is problematic, almost impossible.
Liability for debts
We figured out how to get the ex-husband to pay child support. It is worth paying attention to the fact that a citizen’s lack of work does not exempt from the responsibility being studied. Therefore, a person will simply accumulate debt.
What threatens the one who decided not to pay child support? In 2017, the following types of sanctions apply:
- fine (0.5% of the debt for each day of delay);
- correctional labor (up to 12 months);
- obligatory work;
- arrest;
- bans on leaving the country.
In addition, a driver’s license is taken away from modern alimony payers. Thanks to this measure, many citizens began to transfer the required funds for the maintenance of their children.
Collectors
If all of the above options did not help to answer how you can make your father pay child support, you can do otherwise. But this proposal is relevant only in cases where a citizen has an appropriate court order.
What is it about? Each citizen can apply to collection companies with the goal of "knocking out" debt. This is not the best option, but it still exists. Collection companies by all means ensure that debtors fulfill their obligations. Sometimes such organizations even violate applicable laws of the Russian Federation.
Finally
How to make an ex-husband pay real alimony? Now every citizen can answer this question. In real life, obtaining payments from a debtor is almost impossible. Therefore, one should not hope for a quick and successful result of the actions taken.
If the second parent (alimony) does not participate in the child’s life for a long time (including not meeting him), you can deprive the negligent father of parental rights in court. In Russia, such situations do occur.