Many women who remain after a divorce with a minor child in their arms and receive a very small amount from their ex-spouse often wonder what can be done if child support is below the subsistence level? What to do if the second parent specifically shows the minimum income so as not to transfer a lot of money to a decent baby? In this case, the mother of the child must apply to the court with a statement on the assignment of alimony in a fixed amount.
What parents need to know
Quite often in life there are divorces of couples, after which the child or children, if there are two or more, remain with one of the parents (mainly with the mother), while the father ceases to feel his responsibility and transfers insignificant amounts to the content of the offspring amount of money.
It is for this reason that the fair sex is very often interested in the question of what to do and where to go if child support is below the subsistence level? What to do when the ex-husband, having large incomes, does not want to financially help his child or transfers a penny to his maintenance?
In such a situation, you need to go only to the judicial authority in order to collect alimony from the second parent in a solid amount. But first you need to find documentary evidence that a person can pay more than he lists. Here it is also necessary to enlist the support of witnesses, receipts for the purchase of children's goods.
Nevertheless, if a person drives an expensive foreign car and lives in a beautiful house, decorated not in his name, it is not always possible to prove the fact that he is very rich and has large incomes. In this case, the court may leave the lawsuit of the mother of the baby unsatisfied.
According to law
If a parent raising a minor child receives insignificant amounts from the former spouse for the maintenance of the latter, then the question quite rightly arises in his head about which body or service should be contacted if child support is below the subsistence level? What if the money is not enough even for food and clothes for the baby? Indeed, in some cases, the mother works in several jobs to feed herself and the child, without even thinking about the fact that she may well receive good financial support from her ex-spouse.
In accordance with family law, alimony collected from the other parent in a fixed amount may be equal to the cost of living of the region where the child lives, as well as make up any share of it. In this case, the court will look at the income of the parent. Indeed, it is not always a person who even helps his baby financially, can pay his ex-wife an amount equal to the cost of living for his maintenance. Father himself also needs to live on something. Therefore, the court makes such a decision, which should not violate the interests of both parties.
Share of earnings
In most cases, child support from a parent who does not want to voluntarily support his child is recovered from him in court in percentage terms. Therefore, for one dependent, this amount will be only 25% of the total income of the latter, for two children - 33%, if there are more than 2 children, then 50%. But, despite this, money for providing for children may be substantially insufficient, especially if a parent who does not live together with his offspring receives a small salary or has an unidentified source of income.
In this case, a logical question arises, but what about the mother, if child support is below the subsistence level? What to do when the father of the child pays quite a bit, referring to the fact that he himself has almost nothing to live on? Here you can turn to the bailiffs, so that, according to the executive document, they check if he has other sources of income and certain property. After all, a person is obliged to pay alimony by a court decision from all types of earnings until the child or children reaches full age. In the event that nothing is listed for the parent and there is only a small official income, then the mother can try to defend the interests of minors in court.
Important to consider
The minimum amount of alimony to be paid by a parent who does not live with his child is not established by law. This means that in this matter one must fully rely only on the decision of the judicial authority. And it is not at all necessary that the amount of alimony will be equal to that established in this region. Indeed, when considering a claim of a mother with whom a minor lives, the court will take into account the amount of earnings of his father. Therefore, when answering the question of whether child support can be below the subsistence level, a positive answer should be given. After all, if a father receives a salary of 12,000 rubles and has no other sources of income, then it is clear that he will not be able to transfer the amount equal to that established in the region to provide for his child.
Collection of documents
So, if child support is below the subsistence level, then the parent with whom the latter lives can apply to the court with a statement on the establishment of a fixed amount of these payments.
For this, the baby's mother must prepare the following documents:
- An additional copy of the claim for the defendant (you can make a copy or write by hand).
- Copies of marriage, divorce and birth certificates of a child (ren).
- A certificate confirming the income of the applicant (usually the mother).
- A statement of income of the defendant is desirable. If you can’t get it, you can petition the court during a hearing to provide it.
- Written justification of the requirements for establishing payments for a child in a fixed amount (all checks, receipts, contracts). The main thing is to confirm the fact that the funds that the father transfers for the maintenance of the baby are clearly not enough to cover all expenses, even taking into account the mother’s earnings.
- A certificate from the passport office confirming the fact of residence of the applicant and the minor at the same address.
This package of documents together with the prepared claim should be submitted for consideration to a magistrate court. By law, the parent with whom the young child lives has the right to file such an application at the place of registration.
In what cases is a firm amount of child support provided
If the amount of alimony is below the subsistence minimum, and the funds, even taking into account the income of the second parent, are not enough to fully provide for the child, then the legal representative of the minor has the right to ask the judicial authority to recover payments from the former spouse in a fixed amount. As a rule, this is done if the baby’s father:
- does not have an official source of income;
- receives a piece wage, so it can fluctuate;
- collection of alimony in percentage terms violates the interests of the child;
- receives remuneration for labor in foreign currency or products, things.
If between the parents of the minor there was a conclusion of an agreement on the payment of alimony, in which the monthly amount is prescribed, then filing a lawsuit to establish a fixed amount of payments is not provided.
Questions you are interested in
Most mothers who raise children after a divorce alone and do everything in order to provide for their babies often complain that fathers do not help at all and do not participate in the education of the latter. However, many women receive child support below the subsistence level. Where to go last in this case? Can existing legal norms make irresponsible fathers support their children?
First of all, the mother of the child should discuss this issue with the father and listen to his opinion. After all, not all dads after parting with a woman forget their children and do not want to help them. If this issue could not be resolved peacefully, then you should go to court with a lawsuit to increase the amount of alimony. In this case, the authority will decide on its own whether to satisfy such a statement or not.
In addition, if the child’s livelihood has already been collected from his father in a solid amount, then their amount should be indexed by the bailiff or accountant of the organization, based on the increase in market prices.
Nuances
Fortunately, not all fathers who have left families forget about their children and stop communicating with them. Some even voluntarily transfer money to ex-wives so that their common child does not need anything. But life develops differently, and a person who earns a small income begins to think about how to pay child support if the salary is below the subsistence level? In such situations, even the father, who is obliged to support his child, has the right to apply to the court with a request to reduce the amount of funds that he is obliged to transfer to the maintenance of a minor. Often this happens when a citizen has a new family and children are born who also need material support.
Some features of maintenance obligations in Kazakhstan
What about a legal representative who lives in the same territory with a child if child support is below the subsistence level? What to do? Russia, as a right-wing state, protects and defends the interests of young citizens who must be up to 18 years old from their parents. Therefore, the parent with whom the child is located has the right to go to court in order to achieve decent payments for the maintenance of the minor from the former spouse.
I wonder how the issues of collecting alimony in the near abroad are solved. For example, in the Republic of Kazakhstan, from a parent who does not live with the baby, you can recover funds for its maintenance as a percentage of earnings. In this case, the amount of money transferred by the parent to the child should not be more than half of his income. After all, the father also needs to somehow exist. But if child support is below the subsistence level, what should I do?
Kazakhstan, as a sovereign state, allows a parent with whom a minor lives to turn to the court for help, because only this authority can increase the amount of funds collected to support the latter. If the father has an unstable or changing income from time to time, then alimony can be exacted from him both in a fixed amount and in a percentage ratio.
By the way, all debts that the payer could not repay due to the difficult financial situation should be repaid by him after the children become adults.