According to statistics, every third family breaks up, there are many reasons and they are all different. In a divorce, not only does the union collapse, but the question of paying alimony for children under 18 years of age also becomes acute.
In case of divorce, the child remains in the care of one of the parents, in most cases with the mother, and the father is obliged to keep the child until he reaches the age of majority by monthly transfer of money - alimony.
The procedure and conditions for the payment of alimony and all relevant legal relations are regulated by the family code of the Russian Federation.
Since the child left in the care of one of the parents is a minor, a legal representative acts in relation to him, who must apply to the court at the place of residence with a request to recover funds from the debtor (second parent) for its maintenance.
Child Support Terms
The basic ones are: the child’s age and proven family relationships between him and the debtor, who is obliged to pay child support. A person who has the right to receive funds may apply to the court for the collection of such funds, regardless of the period that has elapsed since the moment when the right to receive funds arose. In most cases, it is awarded from the date of going to court, but sometimes the procedure for paying alimony can change.
So, if during the consideration of the case by the demanding party it will be proved that even before going to court, attempts were made to get money for the child, but the alimony avoided paying it, then this body can recover money for the previous period, but not more than three of the year.
In practice, there are two payment options: voluntary and forced
1. Upon payment on a voluntary basis or at the initiative of the parent who is entrusted with this obligation, an agreement is concluded between the former spouses regulating the procedure, amount and terms of payment of alimony.
2. If, for any reason, the obligated party avoids depositing money for the child, then collection will be carried out on the basis of the writ of execution. This is strictly monitored by the personnel service of the debtor's place of work or the administration of this enterprise. The deductible funds are either transferred to the current account or transferred personally to the child support recipient.
There are cases when the official salary of the debtor is low, and it is not enough to completely repay the full amount of alimony, in this case, funds from existing bank accounts may be deducted or collection may be made on certain property of the debtor.
In accordance with the norms of the Family Code, the amount of alimony depends on the number of children of the debtor. If a person has one minor child, then the amount of the penalty will be 1/3 of his salary, if two, then 1/3, if three or more, then half of the salary.
The obligation to pay child support ends when the child reaches the age of majority. But there are frequent cases when the conditions for the payment of alimony appear, under which the deadline for their payment is extended:
Persons who have reached the age of majority are entitled to receive alimony further under two conditions:
• disability with the award of a child of any disability group;
• acute need for additional funds (it is determined solely by the court in each individual proceeding).
Given the growing number of people who do not have a regular income, or who actively hide their real earnings, the government decided to develop a bill establishing a real minimum of alimony. It will depend not on earnings, but on a specific, officially set amount.