Questions about child support regarding their charges and payments are tightly controlled by the state. If the father and mother cannot independently agree on the amount of the child support , then the court will decide on this issue. During the consideration of such cases, many factors are taken into account: the availability of official employment, monthly earnings, the number of minor children in favor of whom payments should be made, etc. And even if the parent does not have a workplace certified in the work book, regularly pay a cash allowance for the maintenance of the child he is obliged. What is the amount of alimony if the husband does not officially work, and how it is possible to achieve their payments, we will consider in this article.
Options for determining the amount of financial assistance
- By agreement. If one of the parents does not have official earnings and is aware of the need to make monthly payments that will be used to support children, then the amount of material support can be established by agreement of the parties. To do this, you should first discuss the conditions and fix them in the form of an agreement on maintenance payments. The document needs to reflect such important points as the data of the parent responsible for the payments, the data of the person in whose favor the deductions will be made, the period of validity of the document when it is planned to transfer funds, the amount of the benefit - this can be a fixed amount or percent of earnings, even if unofficial. After drawing up such a document, it should be certified by the signature and seal of a notary. Only after that the drawn up agreement will gain legal force.
- Through the court. If it is not possible to establish contractual obligations regarding maintenance payments to parents among themselves, then you should go to court. In this case, the judge will decide, taking into account all the circumstances and determine the amount of the monthly allowance.
How are child support payments calculated for a non-working parent?
Under current law, in the absence of official income, the amount of the child support is determined based on the average wage. According to data at the beginning of 2016, this indicator amounted to 30,100 rubles. At the same time, for small cities, where the income level differs significantly from larger “brothers”, this indicator can also be taken into account. The amount of child support, if the husband does not officially work, is also affected by their number in favor of minor children. The more dependents, the higher the percentage will be applied to the previously given indicator. Thus, alimony for a child with an unemployed is currently assigned at the rate of 25% of the generally established average earnings, for two children the rate increases by 10%. If there are three or more dependents, the amount of payments will be 15,050 rubles (i.e. 50%).
In the presence of benefits paid by the employment service, which may be registered as an unemployed citizen, the average wage indicator is not taken into account. In this case, an amount equal to ¼ of the unemployment benefit is payable (its current size is 5,965 rubles).
Similar calculations and the amount of alimony for the unemployed are applied to officially unsettled persons or citizens who knowingly conceal their income level (the fact of which has not been proved in court).
Debt and its consequences
In the absence of payments for maintenance, a debt is accumulated, which sooner or later will have to be repaid. If at the time of payment the parent responsible for the deduction of benefits does not have a job on the work book, then the calculation will use the same indicator of the generally established average wage that will be valid for that period. In case of non- payment of alimony debts for a long period, a person may be attracted under Art. 157 of the Criminal Code of the Russian Federation as a malicious defaulter and sentenced, up to real imprisonment.
Receiving a fixed amount
This accrual option is enshrined in Art. 83 SK of the Russian Federation. In this case, a parent with minor children resides in court. After consideration of the case by the judge, a decision is made, taking into account all the circumstances and the nuances of the need for monthly payments in the agreed amount, for example, 5,700 rubles. This amount is affected by the cost of living per child established in the region. Moreover, if after some time the parent who pays alimony finds a job with high income, then to change the amount of alimony it will be necessary to re-apply to the court to change the amount of payments, providing evidence of the defendant's current earnings.
Obtaining child support from the amount of income
This scheme can be applied if the parents did not conclude an agreement on alimony payments, and implies a deduction of a quarter from the parent's real earnings (when it comes to payments for one child), 1/3 for two children, and half of the earnings for three and more children. The amount of alimony, if the husband does not officially work, is calculated depending on the average income in the country.
Procedure for going to court and compiling documents
How to act and what documents should be prepared depends on whether the parents managed to agree among themselves. When finding a solution that would suit the mother and father, it is necessary to contact the court to obtain the appropriate order, indicating the presence of obligations. This is possible only in the absence of any unexplained moments. After accepting the application, the judge will make a decision on his own (the review period can be up to five working days). Information about the alimony payments established by the judge will be sent in writing to the parent, who will have to transfer funds. In the absence of objections, the order will enter into force within ten days. The plaintiff can receive a document confirming the need to pay child support by contacting the court after this time. If the defendant does not agree with the decision of the judge, then this should be done in writing and the paper should be submitted within 10 days.
When dialogue between the parties is not possible, you should go to a court of general jurisdiction at the place of registration of the parents and file a lawsuit about the need to recover financial assistance for children. As a rule, this is the only way to recover alimony from a non-working father.
How to make a statement to the court?
The following information should be spelled out in this appeal:
- data of the court to which the plaintiff applies (name, address data, etc.);
- information about the person who wants to collect, and the person from whom the collection is carried out;
- information on regulatory documents, in accordance with which the fact of violation of the defendant is determined;
- circumstances that are the basis for the requirements of the claimant;
- the amount of alimony payments (if it is a fixed amount) or the calculation of the amount of alimony.
Documents to be attached to the application
Additionally, you must submit the following list of documents:
- originals and copies of documents evidencing marriage and its dissolution;
- originals and copies of birth certificates of children for whose benefit child support should be paid;
- a document confirming the level of income of the defendant, or a certificate of lack of official employment;
- extract from the house book or housing authorities, which reflects the fact of which of the parents the children live with.
The plaintiff may also attach other certificates, certificates and documents that will be useful in recovering alimony from an unemployed parent.
After the court makes a decision, the measures specified in the resolution must be implemented, the failure of which may also serve as a reason for re-applying to the court.
Conclusion
So how much should an unemployed father pay his child support? In the event that he does not submit any official information about his salary, financial assistance to children can be assigned in accordance with a fixed rate, according to Art. 83 SK RF, or in percentage terms. The mother, most often the children live with her, has the right to choose in what form child support will be charged (if the father does not work officially), and also demand the payment of material support for her (if she is on maternity or on vacation child care). In the first case, the cost of living per child is taken into account. The parent with whom the children live can apply to the magistrate’s court with a request to recover material support from the second parent in the amount of up to 50% of the amount established in the region. The amount of alimony, if the husband does not officially work, will be calculated depending on the average income of citizens in the corresponding region.