A fairly common problem is currently related to non-payment of alimony. Sometimes negligent father or mother hide their income. In this case, it is much easier to recover the amount of payments in hard form.
Types of collection of payments for the maintenance of a child
Sometimes the situation is such that family happiness can no longer be saved. As a result, an acute question arises about the procedure for the maintenance of minors. It is good if it is possible to agree, but often, burdened by grievances, the former spouses forget about their obligation to maintain minors. To date, the legislator provides for several types of collection of alimony payments: the collection of alimony in a fixed amount of money, the recovery in percentage terms and mixed.
Methods of collecting alimony
The procedure for collecting alimony in a fixed amount of money is no different from the general civilian one: there are two ways to determine the amount of alimony - voluntary and judicial-compulsory. Of course, the best way out is a notarized payment agreement, however, such a resolution of the issue in practice is the exception rather than the rule. In this case, it is better to consider all the nuances, provide for moments of disability and so on.
The conclusion of the agreement guarantees that the terms of the payment, one way or another, will suit both parties, it is possible to provide for cases of detention even after reaching the age of majority, and also, if the child has reached the age of 14, to draw up an agreement directly with the child. At the same time, the amount of payment for a child cannot be lower than that guaranteed by law - it is provided for by the provisions on the minimum living wage for a certain category of the population in the region.
In the absence of an agreement, the solution is quite simple - all maintenance issues are resolved by the court, which can consider them in a court order or accept a statement of claim. Alimony in a fixed amount of money is recoverable in a general manner, since the case requires a detailed clarification of the circumstances by the court.
Persons entitled to recover child support
The right to file a claim for the recovery of alimony in hard cash belongs, as a rule, to one of the parents, the adoptive parent, guardians, trustees and the institution in which the child is brought up. At the same time, alimony payments have a strictly intended purpose - to satisfy the immediate needs of the children, so the parent has the right to know how the funds are spent on the maintenance of the minor, and the account to which the money is transferred is drawn up in the name of the child.
Alimony in hard cash: conditions for use, size
As a rule, it is easier for the court to recover child support as a percentage - in this case, it does not need to find out the circumstances about the place of work and the living conditions of the parent. But sometimes the defendant, wanting to hide his real income, constantly changes his place of work, is arranged informally, under a civil law contract. In order to suspend connivance in relation to the performance of parental duties, the legislator provides for the possibility of paying a guaranteed amount.
In particular, if there is no information about the income of the payer, the income is not stable (this may violate the rights of the minor). There are cases when, in a fixed amount, alimony is also assigned to the mother of the child who has other dependents and is pregnant. In this case, the court takes the indicator of the subsistence minimum in the territory of a certain region, which is determined every quarter by publishing in the local media a resolution of the executive body responsible for budgeting.
The amount of alimony
Determining the amount of alimony in a fixed amount of money is the task assigned to the judge by the Family Code.
Thus, as noted above, the payment assigned for recovery is made dependent on the cost of living, as well as on the average wage for a particular area. It is worth remembering that the process is based on the principle of competitiveness, and the plaintiff should thoroughly prepare a justification for his position in order to receive a sizeable alimony in a fixed amount of money.
How is the amount determined
The payment periodically established by the court is indexed, which again depends on changes in the main indicator. Usually, court bailiffs carry out such indexation by issuing an appropriate resolution or by the accounting department of the company to which the writ of execution has been sent. For recalculation, the bailiff needs a court decision and a resolution of the local authority. In cases where the payer is in arrears, indexation is carried out in accordance with information for the entire previous period, i.e. quarterly.
Not recalculated is a gross violation in respect of a minor. In this case, you must contact the bailiff service for clarification on enforcement proceedings. If the performer is inactive, to the senior bailiff in the district, then the region, as well as in court. Collecting alimony in a fixed amount of money is a complex procedure, therefore, to protect the interests of the plaintiff, it is easier to hire a good lawyer who will help to monitor implementation issues. The amount does not change with a decrease in the cost of living
Resize child support
In accordance with the provisions of the Family Code, the amount of alimony can change in the event of a change in financial situation, as well as the state of health of both parties, for example, in the event of loss of a job or disability. The amount can also be disputed if new children are born in the new marriage, or, conversely, the unaccounted income of the parent appears. In some cases, when the plaintiff initially claimed the percentage of the amount of alimony from earnings, it is possible to replace it with the recovery of alimony in a fixed amount of money: in case of loss of a permanent job, concealment of income, etc.
The application for changing the size is sent to the magistrate’s court at any time until the child reaches the age of majority; it contains information about the applicant, the minor, information about the payer's place of work, a reference to the circumstances that serve as the basis for the indexation. It is worth attaching to the application such documents as a court decision, on the basis of which the alimony is collected in hard cash, a certificate of income, a birth certificate of other children, certificates from medical institutions.
Enforcement of a court decision
Undoubtedly, the main goal of the decision and its most difficult stage is execution. A writ of execution issued by the judicial authority on the basis of the plaintiff's application is presented to the district bailiff department at the payer's residence, place of work or location of his property, depending on the choice of the collector. After that, the bailiff issues a decision on the immediate execution of the decision, copies of which are sent by mail to the claimant, debtor and the court. The resolution includes all the data of the claimant and the debtor, as well as the details for which funds are charged.
Next, the bailiff should send a writ of execution to the accounting department of the employer, which is required to withhold the amount of alimony from the salary on a monthly basis, pay the collector no later than three days after receipt of the funds, conduct indexation and notify the bailiff about the change of job.
For failure to comply with such requirements for no apparent reason or untimely provision, the employer is liable under Art. 19.7 of the Code of Administrative Offenses.
The law also provides for penalties for other offenses for the execution and loss of a document.
One way or another, the collection of alimony in a fixed amount of money has its advantages in comparison with the percentage deduction, and its disadvantages. However, responsible parents should remember that the maintenance of children is not just a legal, but also a moral duty.