The procedure for the payment of alimony for the maintenance of minor children depends on the relationship of the parents after the breakup of the family. If they do not have conflicts, they are able to agree, which means that we can come to a peaceful settlement of the issue. When there is no agreement in the former married couple, debts have arisen, the issue goes into a more serious stage. The procedure for the payment of alimony is prescribed when considering a case at a trial. Sometimes debts are formed even after a voluntary agreement on providing minors, when the defendant ignores the obligations undertaken. There are cases that court decisions are not enforced. Then the collection process begins in a complex and lengthy manner.
How to conclude a voluntary agreement?
A peaceful solution to any problem is the most calm, less costly way. The court in any situation requires the participants to resolve the dispute without legal proceedings, that they need to sit down and agree among themselves. A voluntary contract should not be verbally, as if its conditions are not fulfilled, documentary confirmation will be required that the procedure for paying child support has been violated. For the legality of a document and legal force, it must be properly executed and certified by a notary. The name of the agreement confirms that the parties agreed in advance on all points and agreed with the requirements put forward.
Legislative regulation
The procedure for the payment of alimony by agreement is the preparation of a civil law contract. Its compilers are the recipient and payer. It is considered to be global in form, since the conclusion takes place without judicial intervention. The Family Code is the main regulator of legal norms. Article 100 of the RF IC approved the procedure for concluding an agreement on the payment of alimony. Article 104 indicates the financial part of the arrangement with the possibility of assigning to the payer a fixed amount or percent of wages.
What documents are needed?
To pay alimony on a voluntary basis, spouses or legal representatives of children come to the notary's office with a set of documents:
- own passports;
- children's birth certificates;
- a certificate confirming the divorce or the couple is still in an official marriage;
- evidence of paternity;
- statement of financial situation, this may be Form 2 personal income tax (it is issued at work) or a certificate of other income.
Documents must be in the original, copies will be taken from them.
How is the procedure carried out?
The parties to the agreement draw up a document and submit it to the notary for verification, he will assure the obligations undertaken and the accuracy of the signatures. Since that time, an agreement on the payment of alimony voluntarily takes legal force. It must be transferred to the bailiff service instead of a writ of execution. The document for employees will serve as the basis for opening an executive case with exercising control over the fulfillment of the described conditions. It establishes the procedure for the payment of alimony by size, type of transfer and time periods. A peace arrangement provides parents with ample opportunity. You can immediately describe the frequency of visits with the child, the venue and duration of the meetings.
Cases for litigation
The issue of the appointment and collection of alimony through the court can be resolved at any time if the parents have not come to a peaceful settlement of the provision of children. The law does not distinguish between maternal and paternal responsibilities. They are equally responsible for the proper maintenance of their own offspring. The same obligations with respect to the elderly or parents of persons with disabilities are imposed on the child after his majority. The judicial procedure for the payment of alimony provides for a decision of the legal authority to recover the amount determined by the court, where the recipient will be the father or mother if the child lives with him. When he is in custody of custodians, trustees or in an orphanage, the guardians or the relevant institution become the initiators of the collection of alimony. Parties deprived of the right to education are also required to pay for the content.
Penalty Features
The procedure for paying child support is determined by the court. Any relative who has a minor citizen can file a claim for recovery. If the parents did not enter into an official marriage, and the mother applies for financial assistance from the father of her child, she will have to prove the relationship. The court considers such issues with reliable information. Stakeholders can do a DNA test. If a citizen is recorded in the birth certificate of the father, this serves as an automatic confirmation of kinship. A man can appeal the record in court. When the data confirm his doubts about paternity, he can file a lawsuit, find out how to change the procedure for paying child support, if by this time the content is assigned.
Who has the right to demand material resources
To provide a minor with everything necessary, a parent who is deprived of the right to education or does not live with his family needs money. The methods and procedure for the payment of alimony provide for a declarative nature. Nobody will bring money to mom voluntarily, if the father of her child did not seek to provide material support to her son or daughter, you need to go through a number of different events.
The following persons are entitled to file a lawsuit:
- any of the parents, if it was his duty to educate, support young citizens, provided that they live together;
- official representatives, trustees, guardians, employees of the administration of the institution where the child is placed for residence;
- the prosecutor.
When the procedure for paying alimony by family members is violated and no one submits an application, social protection and guardianship authorities may become the initiator.
What size is prescribed?
The court determines how the alimony will pay. For this, the defendant submits to the legal authority a certificate of employment and 2-personal income tax. A certain percentage will be deducted from his salary:
- maintenance of one child - 25%;
- two children - 33%;
- three and more minors - 50%.
If the recipient proves that children need expensive treatment, a request is made to review the size of the security. The court will consider the appeal. Upon confirmation of the reliability of the facts, a change in the procedure for the payment of alimony will be satisfied. The defendant may not have official earnings, then the court awards a fixed amount. The calculation is based on the cost of living in the region where the children live. No one will be able to avoid the complete abolition of alimony until the very maturity of the children, except for the death of the defendant or his complete incapacity.
What if the situation has changed?
After a court order or voluntary agreement, the circumstances of life may change for parents. Mother leaves with her child, changing the address, and alimony is sent by postal order. A father is born a child in a new family. In any case, it is required to file an application to change the procedure for paying child support. The Family Code provides for payments by agreement and determination of the size of funds by the court at rates:
- fixed;
- minimal;
- according to the age needs of children;
- by common agreement between the parties.
The emergence of various situations in life can change the relevance of the assigned collateral. The parties choose how it is more convenient for them to change the amount: peacefully or in court.
Influence of circumstances
The court will never cancel the obligation of parents to support their children, even if they are deprived of the right to education. The review of the judgment takes place on the circumstances:
- the recipient considered that the alimony does not allocate enough funds;
- the sender of alimony cannot, for a number of reasons, transfer the set amount and requires a rate reduction.
The court considers the reasons, in its right to both increase and reduce the amount of payments. In order to satisfy the claim for review, it is necessary to provide reliable and convincing facts.
Good reasons to reduce transfers
Any parent interested in the procedure has the right to write a statement about changing the procedure for paying child support according to the model. In the current legislation there are no specific circumstances sufficient to open a case. The court may consider weighty reasons, if stated:
- the salary has noticeably decreased due to a change in position, transfer to another place of work or dismissal;
- health deteriorated, disability assigned, work terminated;
- the payer is recognized as incompetent by the medical report;
- the salary is the same, but inflation does not allow transferring the amounts assigned by the court;
- another child was born or an elderly parent requiring additional care became a dependent;
- earnings below the subsistence level;
- a minor receives more benefits from the state than his father’s earnings;
- the son went into business, and the daughter got married, fully support themselves and do not need paternal help.
A parent alone cannot relieve himself of his duties, only a court decision becomes the basis for financial changes.
How to increase payouts?
Different situations arise in life when the recipient of the alimony cannot provide sick children for various reasons. The circumstances that the court will accept for consideration:
- inflation does not allow creating normal conditions for the previous amounts, they are below the subsistence level;
- the salary of the ex-spouse has increased significantly, the mother demands to cancel the fixed payment, change to interest withholding;
- the payer receives additional income;
- the child is seriously ill, expensive treatment is needed;
- the recipient lost his only earnings.
The court will accept any basis for claims to increase child support, if only they are documented. Such a provision is provided for by the Family Code in article 119, which states that a change in family composition or financial situation may lead to an adjustment in the amount of child support in a judicial proceeding.
Below is a sample application for a change in the payment of alimony.
In what order do they perform?
Whatever cases the court considers, it takes the side of the children; their interests should not be infringed. The law allows parents to agree, if necessary, to increase or decrease child support. If no peace agreement arises, the parties apply to a court that will consider:
- changes in the financial and marital status of the payer;
- the birth of children from other marriages or free relations with the recognition of paternity;
- deterioration in the health of any member - father, mother, child.
If the payer has a need to review the penalties, he files a claim with the attached documentary evidence. When the mother agrees to revise the terms of the voluntary agreement, you need to visit the notary again and rewrite the provisions. The new amount cannot be lower than that established by the court.
How to collect debts?
Education and the procedure for paying alimony debts is not an easy process. Participants must understand that there are legal requirements and restrictions for such actions. If a debt has formed, then the payer evades the fulfillment of the conditions by a court order or a voluntary agreement. Circumstances in this case may also affect the collection methods if it turns out that the recipient prevented the timely transfer of:
- He did not pass the writ of execution to the bailiffs;
- There were no data on accommodation and settlement accounts.
All the same, it will be necessary to compensate alimony for 3 years. This deadline for debt repayment is established when the reasons are clarified:
- post offices are responsible for delays;
- salaries were not paid within the time limits established by law;
- the payer was seriously and for a long time sick;
- emergencies due to natural disasters, technological disasters.
If the debtor is proved guilty, he is obliged to pay child support for all the time missed.
Grounds for Conviction
In judicial practice, there are cases when the police have been looking for alimony for a long time. The fault of the defaulter will be recognized by the judicial authority in the following cases:
- hid his actual earnings for a long time;
- refused to support, raise children, kept his address secret;
- often changed jobs without reporting changes to the bailiff service.
If the recipient proves in court a violation of the rights and children's interests by their parent, his claim will be satisfied.
Liability measures
The Family Code of the Russian Federation approved that the payment of alimony belongs to the mandatory procedure. A court order or voluntary consent, drawn up in law, are conditions that the payer must not violate. Otherwise, there will be negative consequences in the form of mandatory penalties:
- withdrawal of monetary assets, income;
- seizure of movable and immovable property;
- valuation, sale of material objects.
The bailiffs will use the proceeds to pay alimony and pay off debts. It should be noted that it is also necessary to pay a penalty for delay. For malicious non-payers, a measure of responsibility is provided for in Article 154 of the Criminal Code of the Russian Federation with the opening of a criminal case.
The rights of the payer are also protected by law. If the reasons correspond to the grounds approved by the IC of the Russian Federation in Article 114, the debt may be written off or partially withheld. You can implement the task using the evidence base. If the defendant was sick, injured, and therefore could not work and pay child support, he must be confirmed by a medical report. To review the size of payments on the occasion of the birth of other children, their birth certificates are presented in the annex to the application. The lawsuit must be filed with the justice of the peace when he makes a decision, this document is passed to the bailiffs. A judicial act will complete the process of the adjusted amount of debt.
Representation of the Forfeit
The penalty, which should motivate the child support to pay the obligations on time, is called by the economists a forfeit. Charging is by court decision in the amount of 0.5% of the total debt. The standards are provided for by the SC in Article 115. The debt may be withheld from the debtor during the time preceding the appeal to the court if the plaintiff proves that all possibilities have been taken to receive alimony. To open a case for penalties, there should be no transfers from the defendant aimed at keeping children.
Conflicts on maintenance debts belong to complex clerical work, especially when accumulating large amounts. Only a timely response to every change in the financial condition of the parents will lead to the fact that the amount will be adjusted on time, will not entail serious consequences for the parties to the dispute.
Trial is never free. It is better to spend duties on the state treasury for a child, save money for him, and for his own health from shocks.