Family and loved ones, dear people - this is the most important wealth that a person possesses. Love, patience, care and mutual assistance are integral companions of a strong cell of society. Unfortunately, things do not always work out as we would like. Swallowing grievances and choosing words more painfully, once close people once become enemies. Alimony is a consequence of quarrels and mutual resentment. From a moral point of view, avoiding alimony is one of the most immoral and inhumane acts. But regular voluntary payments are humiliating in nature, evoking feelings of guilt and resentment on both sides.
Alimony - what is it?
The Russian language has borrowed many words from Latin. One such example is the term "child support." In Latin, it meant "food, nutrition, dependency." The meaning of the term has been preserved, although it has expanded slightly.
Alimony is a means that the law obliges to provide one person for the maintenance of another. These funds may be in cash or in kind.
The legislation of the Russian Federation defines the categories of citizens who are obliged to help relatives and support them. These obligations take effect in certain circumstances and are valid for a specified period. Alimony is not always compulsory and is appointed by the court; they can be voluntary transfers.
It is unfortunate when family relations come to a standstill and without government intervention, close people cannot figure out domestic and financial issues. Alimony cannot be a cause of pride on either side: neither the recipient nor the one who pays them, and it is not a matter of the size of the payments.
Who is entitled to receive child support?
Alimony is the right of some and the financial obligation of other members of the same family. Only relatives are eligible for financial support, namely:
minor children;
adult children (full-time university students under 23 years of age, disabled people);
disabled parents;
disabled spouse, even after a divorce;
brothers, sisters, grandparents and grandchildren.
For each category of persons, there are a number of conditions under which they may require the retention of financial resources in their favor.
The legislation of the Russian Federation regulates and guarantees the rights of a citizen. The following types of alimony payments are defined in the Family Code of the Russian Federation: voluntary and appointed by the court.
Alimony by consent
If the parents managed to independently agree on the financing of the child (s), appeals to the court can be avoided. To avoid future conflicts, it is best to legally compromise.
It is necessary to notify the notary of the agreement on the provision of alimony (Art. 100 SK). It must specify the procedure and method of payment of alimony. In a voluntary agreement, parents themselves choose when payments will be made, how this will happen: a fixed amount or a percentage of the income, transferred to the account or transferred in person. Receipt of payments on a voluntary basis must also be recorded in the receipt.
If a voluntary agreement has been entered into, judicial review of a claim for child support is possible only when the agreement is declared invalid or terminated.
You can apply for deduction of alimony not only after a divorce; alimony in marriage can also be deducted. If the parents separated, but have not officially divorced, the procedure for collecting child support does not change.
It’s good when the pride, upbringing and relationships of parents allow them to conclude a voluntary agreement to pay child support. But one should not be afraid to destroy the fragile understanding and trust by the conclusion of a formal agreement. No one knows what will happen in the future. How could you suggest that child support will be a reason for conversation in your family? There is no guarantee that alimony will be properly transferred and will not cause resentment or that you will not have to unfairly bear responsibility for non-payment of alimony.
Child support through court
The court may award child support payments to the father, mother, or both parents. If the child is raised by guardians, foster parents or in an orphanage, child support is charged to both parents.
Alimony can only be assigned to the father and mother of the child, which are recorded in his birth certificate.
The statement of claim for alimony must be properly composed and submitted to the court.
Sample lawsuit:
The name of the court, position and full name are written in the upper right corner. representative of authority.
Details of the plaintiff (full name, address, contacts).
The data of the defendant (full name, address, contacts).
In the middle of the line is written: "The statement of claim for the recovery of alimony for the child (ren)."
Describe in detail the essence of the statement of claim. It is worth indicating here whether you were married, when he was married and when divorced; date, place of birth and registration of the plaintiff and defendant; year of birth and full name the child, who maintains it and whether early alimony was paid; whether the defendant or the plaintiff has other children; what the plaintiff asks the court.
List the copies of the attached documents below: passport of the plaintiff, certificate of divorce and birth of a child, statement of claim, certificate confirming the fact of residence of the child with the plaintiff, certificate 2-NDFL from the workplaces of the plaintiff and defendant.
Date, signature and decoding are put.
The statement is prepared in triplicate. One remains with the plaintiff, two are sent to court along with copies of the above documents. No fee is charged to the plaintiff. The court must consider the claim and make a decision within five business days.
The procedure for calculating child support
Payments that will be withheld from the defendant’s income are calculated according to the following scheme indicated in the table.
Number of children requiring child support | Withholding Percentage |
1 | 25 |
2 | 33 |
3 and more | fifty |
Alimony up to a year per child can be levied in conjunction with alimony for the wife, since according to the Family Code a woman is entitled to financial assistance from her spouse if she is raising a child up to three years.
Alimony for the maintenance of a disabled spouse is charged in the form of fixed payments, as a lump sum or regular payments. The court will consider the financial situation of the spouses, the reasons for the statement of the plaintiff.
Parental support is paid monthly and in the form of fixed payments. Payments amount to a few living wages.
A sample of a lawsuit in court for levying child support for a parent or spouse does not differ from the above model for collecting child support.
Who holds child support?
It is the employer who transfers the deducted funds to the plaintiff's account.
Deductions are made from the total income of the defendant (salary, bonuses, allowances, etc.). It is important for the employer to remember that child support is withheld after deducting personal income tax from employee income.
Payments that are not included in income to withhold support:
financial assistance in connection with the registration of marriage, the birth of a child, the death of loved ones and a natural disaster;
industrial and state compensation.
Having received a writ of execution, the employer is obliged to withhold child support from the employee's income; if he does not do this, various sanctions may be imposed on him.
If the defendant does not have a permanent job, the court may decide in favor of fixed payments. When making this decision, the financial situation in which the child was previously taken into account is taken into account. Fixed payments should not worsen the financial situation of the child. The defendant independently takes care of the transfer of funds to the plaintiff. Bailiffs on alimony calculate the indexation of deductions at the request of the plaintiff.
Documents accompanying child support
Alimony is a payment that is provided for the maintenance of another person and may be the reason for further litigation. Therefore, it is worth following the documentation of the maintenance process:
1. Voluntary notarized agreement on the payment of alimony.
2. A receipt for alimony by voluntary agreement.
3. An application to the court to withhold support (with all attached documents).
4. The decision of the court.
5. writ of execution.
6. Postal and bank statements related to child support.
What threatens the non-payer of alimony?
In the event that the court has made a decision on the payment of alimony, and the defendant evades them, he will be held liable for non-payment of alimony.
Russian legislation provides for the following types of punishments for defaulters:
penalties ;
seizure of property and bank account;
deprivation of parental rights;
a ban on leaving the country;
imprisonment for a term of three months to a year;
the appointment of correctional labor ;
It is important to note that punishment can only be imposed in a judicial proceeding for malicious non-payers.
When is child support not paid?
There are conditions under which the court will refuse the plaintiff to withhold support from the defendant.
Examples of such cases:
the spouse who filed an application for child support received disability due to alcohol or drug addiction;
if the spouses have been married for less than 5 years;
death of the plaintiff or defendant;
a change in the financial or marital status of the plaintiff or defendant;
submission of false documents by the plaintiff.
There is also the option to reduce alimony withholding payments. But before you use the opportunity to reduce or refuse child support, you should once again think and agree on everything with your own conscience.