According to statistics, since the second half of the last century, the number of divorces per year in Russia often exceeds the figure of 140 thousand. However, getting divorced, as it sometimes turns out, is not the biggest problem. Divorce and collection of alimony from one of the spouses go hand in hand. Therefore, you need to know about this as much as possible.
Alimony is the amount of money that, according to a court decision, one of the spouses should pay after a divorce to another - to the one with whom the minor child (or several children) is left. That is, in the event that the family broke up when the children were 18 years old, the recovery of alimony is a matter that should not be considered.
It is worth noting that the money is intended specifically for children, and not for the parent with whom they stayed. In addition, an adult able-bodied child will be required to make payments to his disabled father and mother.
Judicial alimony recovery
In general, financial support for their children after a divorce can and voluntarily. In this case, the recovery of alimony can be agreed in a personal conversation. However, in the event that one of the spouses renounces his direct duty, this issue can and should be resolved through the court. What you should know Here are a few important points:
- one of the spouses, as well as some family members (persons listed in the Family Code), has the right to file an application for the recovery of alimony;
- the court considers all circumstances (within a month from the date of application) and makes a decision on their basis;
- for one child, an amount equal to a quarter of the income of the defendant is provided. For two - a third, three or more - half. At the same time, not only direct payer earnings, but also his other incomes are taken into account;
- in the event that the defendant’s income is less than the plaintiff’s, the court can decide the case in favor of the first one, or assign a share much less than it should in ordinary situations;
- it happens that the plaintiff or defendant (or both at once) are minors. In such situations, legal representatives of the spouses are required to participate in the proceedings ;
- recovery of alimony does not have a limitation period. That is, it can take any amount of time from the moment of divorce to one of the spouses going to court (of course, this should happen before the children become adults);
- Alimony is intended for persons under 18 years of age. However, the law provides for payments for adults who are not able-bodied;
- the costs associated with the conduct of the case, as well as the payment of the state duty, are fully borne by the defendant. The plaintiff does not pay anything;
- if the plaintiff tried to resolve the issue of collecting aments by peaceful means, and the defendant evaded payment, after applying to the court it is possible to request the amount for the previous three years;
- in the event that you do not know the whereabouts of the defendant (and these data must be included in the application), the document should indicate the last address known to you where he lived.
Know your rights and the rights of your children and do not be afraid to defend them!