Children are our future. Every child should have everything that is necessary for a normal existence. That is why the payment of alimony is provided. According to article 80 of the RF IC, each parent is required to support their minor children. Alimony means a certain amount that one of the parents, who does not directly participate in his upbringing, must pay for the maintenance of the child. Most often, child support payments are made when the parents divorce, while they have minor children who remain to live on one side (most often with their mother). The law also provides for the purpose of payment during marriage.
Child support in 2011 is issued according to the standard scheme. The legislation of the Russian Federation provides for two methods of collecting alimony. The first involves the preparation of an agreement on the payment of alimony between the parents of the child. To avoid a lengthy lawsuit, parents can voluntarily agree among themselves on the amount of alimony, while the monthly payment (according to Article 103 of the RF IC) should not be less than the following indicators: for one child - one fourth of earnings, for two children - one third and for three children - half the monthly income. Under this agreement, not only the amount is established, but the time and method of payment. It should be noted that the agreement is considered valid only after it is certified by a notary.
If both spouses could not independently come to a common decision, then they will have to go to court with a claim for the payment of alimony. This is a more complex process that can drag on indefinitely. Most of all the process is delayed where the establishment of paternity is required and child support in this case can be appointed only after the results of the examination become known. The first thing to do is to write the statement of claim itself , in which the data of the plaintiff (the one who submits) and the defendant (from which should be recovered), the circumstances that guide the plaintiff when submitting the application , will be clearly spelled out. The court will only consider a correctly written statement, therefore it is best to contact a lawyer for its preparation. The statement of claim must be prepared in triplicate: two of them will be sent to court, and the third will remain with the plaintiff.
After the application is submitted to the court, it remains only to wait until the judge sets the hearing. It should be noted that child support 2011 can be appointed regardless of the period that has expired since the receipt of the right to alimony. The payment of alimony begins on the day the application was filed with the court. In some cases, the payment may be recoverable for the previous period of time, but not more than three years. Those. if the statement of claim was filed with the court on September 1, 2011, then child support can be paid, by court order, from September 1, 2008. Most often, such a payment is assigned in cases where the person requiring child support took all sorts of measures to recover funds from another person, but did not receive the necessary funds due to the refusal of the payer.
According to Article 81 of the RF IC, alimony for a child in 2011 can have the following sizes: for one child - one fourth of the payer's earnings, for two children - one third of the earnings, for three or more children - half of the payer's earnings. There are times when a court decides to pay completely different amounts. For example, the defendant does not have an official income, but at the same time has rich property and cash. Also, child support for a child in 2011 may be larger than the established amount if the defendant for a long time avoided paying child support.
This is not all that you should know about child support payments. There are still many different nuances that you should pay attention to before writing an agreement or filing a lawsuit.