More and more modern women are wondering what to do if their father does not pay child support. This issue bothers mainly, as has been emphasized, mothers of minors. After all, it is usually the female half of society in a divorce that takes on the responsibility of raising and maintaining a child. The second parent is assigned child support payments. Most often - only for a minor. But what if the alimony stopped paying? How to act in a particular case? What payments are made for children in Russia? Below we will consider all issues related to child support and their payments.
Definition
What is child support? The answer to this question should be known to every modern citizen.
Alimony is the amount of money paid with a certain periodicity (most often monthly) for the maintenance of a needy relative. Funds can receive:
- spouses
- parents;
- children (including disabled adults).
Other relatives are also entitled to alimony, but often such arrangements are not found.
A lot of controversy and problems cause child support. They, as we have already said, are paid by the father (or mother, if the kids do not live with her) for the maintenance of minors. What if this does not happen? How to resolve the conflict? And is there anything worth doing?
Payout Amounts
What if father does not pay child support? Very often, mothers simply do not attach any importance to this. In some cases, fighting for child support is simply pointless. Why? Part of the fathers will pay a penny for the maintenance of the child. And debt collection will do more harm than good.
In Russia today, alimony can be assigned in a fixed amount and as a percentage of salary. The second option is the most acceptable.
Parent should minimize:
- 25% of their monthly earnings - per 1 child;
- 33% - for 2 children;
- 50% of profit - for 3 or more minors.
Accordingly, if a parent receives a minimum wage, then child support will average about 2-3 thousand per month. This is very small. Under such circumstances, it is easier to forget about the deadbeat and live on.
Assignment Methods
What should mother do if the father of the child does not pay the so-called alimony? It all depends on the circumstances. After all, each family has different incomes and reasons for the delay in payments for the maintenance of the child.
It is worth paying attention to how child support was prescribed. Further actions of mother will depend on this.
In Russia, alimony can be paid:
- by personal agreement between parents;
- through a peace support agreement;
- through a court order.
The official appointment of alimony is considered the last deal. It was with him that he wondered what to do if his father did not pay child support. Indeed, in all other scenarios, it is extremely easy to solve the problem (theoretically).
Oral agreement
Does the father of the child not pay child support? What to do? Let's start with the rarest, but taking place. It is an oral agreement between former spouses.
This is the most vulnerable scenario. Parents simply agree among themselves on how much the father will pay monthly for the maintenance of minor children. A similar technique is often used if dad receives a “salary in an envelope”.
As you might guess, this option does not give any guarantees. What if father does not pay child support? With an oral agreement, proceed as follows:
- Contact your former spouse and ask what's the matter. It is possible that the ex-husband now has financial difficulties. And that is why child support is not allocated.
- If you managed to talk with your ex-spouse, offer to conclude an alimony agreement.
- In case of refusal and continued delay in alimony, file a claim with the appropriate authority with a request to recover the required funds.
- Take the court order to the bailiffs.
That's all. Now it remains only to wait. As a rule, it is enough to inform about your intentions to file a lawsuit, as the fathers change their minds and begin to remit money for their children again. Unfortunately, this is not always the case. And in some situations you have to go to a victorious end.
Peaceful agreement
Father does not pay child support? What to do? In Russia, as we have already found out, the corresponding payments can be assigned differently. And depending on this, the further algorithm of actions will change.
If an alimony agreement was concluded between the former spouses, you will have to prepare for the court. More precisely, it is recommended to act like this:
- Contact the child's father and ask why he stopped paying under the contract.
- Wait a while. Maybe after getting in touch with the mother of the minor, the father will change his mind and pay again.
- Go to court for the official appointment of alimony payments.
As soon as the plaintiff has a court order in hand, it will be possible to come to the bailiffs and ask them to participate in the process of collecting funds for the maintenance of the child.
By court
But that is not all. Ex-husband does not pay child support? What to do?
Now the time has come to consider the most difficult situation - when previously compensation for the maintenance of a child was appointed by the court. Even the presence of a judicial opinion does not force some popes to conscientiously allocate funds for minors.
What if father does not pay child support? It is recommended to proceed as follows:
- Collect alimony debt certificates.
- Go to court to recover forfeits.
- Go to the bailiffs with a resolution of the established form.
- Appear to the employer of the former spouse and inform him of debts.
Then it remains only to wait. All of these instances will begin the fight with the debtor. Only in real life, even after the above steps, to achieve child support does not always work.
About an agreement
We will talk about what to do if child support is not paid (step-by-step recommendations regarding this issue will be presented below). We have already managed to study several action algorithms under the law. But, as already mentioned, these proposals do not always apply.
How to conclude a peace agreement on alimony? This technique sometimes helps to force the father to alimony, but without judicial debate.
To translate ideas into reality will have:
- Collect some package of documents. Namely: passports, income statements (preferably), marriage / divorce / birth certificate of children, alimony agreement.
- Appear to the notary public with the listed papers.
- Sign the agreement and certify it.
Done! Such an agreement does not require any additional registration. The main thing is for the notary to assure him. The agreement must not contradict the current legislation of the Russian Federation.
Documents for the court
What if the father does not pay child support? You can recover funds either for the entire period of non-payment, or for the last 3 years (if the children are already 18 years old). Usually a fairly effective technique is to go to court.
Justices of the peace consider such cases. Mom will have to bring:
- statement of claim;
- certificates of income of the former spouse (or an application submitted to the employer);
- birth certificates of children;
- certificate of marriage or divorce (if any);
- maintenance agreement (if any);
- court orders for child support (if any);
- statements indicating debt on alimony;
- identification.
Sometimes the real income of the father has to be proved. In this case, any materials that can indicate how much the potential alimony payer actually receives are suitable.
Good practice
What should mother do if the father of the child does not pay? As we have seen, it all depends on the circumstances. But in real life, by law, collecting child support from a debtor can be problematic. In fact, impossible. After all, people who flatly refuse to allocate funds for children will always find a way to evade legal sanctions. For example, hide.
What if father does not pay child support? Quite an effective technique is to contact collection companies. Corresponding organizations by all means knock out debts of any cash. Collectors do not always act legally, but for recipients of alimony, this is not always important. They, in which case, will not be held liable for violations of the laws of the Russian Federation.
Consequences of non-payment
Today in Russia they are trying by all means to deal with defaulters. What threatens the accumulation of debt? In some cases, it is enough to remind the father of the child about the consequences of how soon the child support will go to the account of the mother and children.
Today it is worth fearing the following sanctions:
- compulsory or forced labor;
- arrest;
- forfeit;
- fines;
- withdrawal of a driver’s license;
- bans on traveling abroad.
In addition, the employer may begin to withhold from the debtor's salary the amount of alimony. In case of large debts, the property of the father of the children is seized, the seized items are sold and the proceeds are offset against the debt. Every modern citizen should remember this.
When you can not demand
We found out what to do if the father does not pay child support. But it is far from always possible to demand the required funds for the maintenance of minors.
Often, you cannot claim child support:
- if paternity is not proved (or refuted);
- when children reach the age of majority (with the exception of the limitation period);
- if the child has received emancipation;
- when a child transfers property that generates income under an alimony agreement.
In fact, child support is one of the most important and problematic consequences of divorce. Today in Russia, you can also file a lawsuit to keep a child married. And such situations occur.
Some simply refuse child support. Indeed, in the future, a needy negligent father may demand maintenance from a child whom the biopap did not do in his youth. Often, a mother prefers just to wait until the child turns 18, and a huge debt will accumulate for the former spouse. Then it will be possible to free the children from this surprise in the future.