The law provides comprehensive protection of children's property rights. Even when one of the parents does not live with the child, he is obliged to provide him financially. When a disabled parent leaves the family, another parent may wonder whether child support benefits are calculated from the disability pension. The law in this case remains adamant. Disability and retirement does not relieve the disabled person of this obligation. In this case, the parent has no way to hide his official income. But alimony from a disability pension is charged according to certain characteristics.
Conditions for receiving support from a disabled person
In the case when the alimony is a disability pensioner, money is recovered both from the pension, which is the main income, and from other additional income. Basically, alimony from a disability pension is charged for the maintenance of minor children. Moreover, the funds should be transferred regardless of the state of health of the disabled person.
At the same time, a citizen recognized as a disabled person has the right to rely not only on certain types of disability pensions prescribed by the state. He is also entitled to receive funds from his current or former spouse, if there are grounds for this. He has this right in the following cases:
- in case of disability;
- been married for at least five years.
In order to receive material resources for their own maintenance, a disabled person should begin to exercise this right no later than one year after the dissolution of the marriage. However, the former spouse may, of her own free will, help in providing the disabled person. The parties need to conclude an agreement and notarize it. The Family Code of the Russian Federation allows child support to be paid in this way.
If you can’t reach an agreement with your ex-spouse peacefully, you will have to go to court. The plaintiff may be refused in the following cases:
- if he behaved inappropriately towards the alimony payer;
- married less than five years;
- committed a deliberate crime against a former spouse;
- his health condition worsened due to alcohol abuse and drug use.
With regard to payments made by a disabled person, most of them relate to minor children. However, a pregnant woman (former spouse) or a parent caring for a disabled child also has the right to child support from a disability pension.
Voluntary child support payments
Payments can be transferred on a voluntary basis (by agreement) or compulsory (through a court). In the first case, the parties discuss the conditions with each other and agree on the maximum or minimum child support. The agreement must include the following points:
- cash allocation procedure;
- their size;
- reasons for terminating payments;
- grounds for the transfer of additional funds;
- reporting for intended use.
There are certain rules on how to draw up an agreement (for example, on alimony for 3 children). This is an indispensable written form and notarization of a document. In this case, the agreement is equal in legal force to a document issued in court. Therefore, in case of non-compliance with the terms of the contract, the recipient of the alimony may hold the non-payer liable and forced to pay alimony:
- Send agreement to bailiffs.
- Sue the defaulter.
Forced collection of alimony
The application is submitted to the magistrate or district court at the place of residence of the defendant. But if, in connection with caring for a minor, the plaintiff is uncomfortable going to court at the place of residence of the defendant, he has the right to file an application at the place of residence of the minor.
If there are no disputed issues between the parties, an application is issued for the issuance of a court order. Then the case is considered in a simplified mode. The court issues an order within five days after receipt of the application. But if the defendant challenges it, then the order is subject to unconditional cancellation.
If there are disputes, the recipient of the alimony shall file a lawsuit with the court. In this case, the case is considered in the standard mode, in which the parties are invited to court, state their facts and evidence. In addition to alimony, a single statement of claim may address the following issues:
- about a divorce;
- on the establishment of paternity;
- about property;
- other family disputes.
Alimony from a disability pension in favor of a minor can be established in a fixed amount by the court or as a percentage, depending on the income of the citizen.
Child Support Sizes
The fixed amount must be a multiple of the minimum wage of the subject of the federation where the case is heard. The percentage share of income is established by the RF IC in the following ratio:
- 1/4 of the income for the maintenance of 1 child;
- 1/3 of the income for 2 children;
- 1/2 of the income to provide for 3 or more children.
A fixed amount, as a rule, is established in relation to alimony payers who do not have regular income. The disabled person stably receives payments in the form of pensions. For example, if alimony is paid by a citizen whose only income is the minimum pension for a disability group, then the necessary share for the maintenance of a child or children is calculated from its amount. However, if in addition to the pension, he has additional sources of income, then child support will be calculated differently. Regardless of the size of social pensions for a disability group, a citizen is paid, alimony can be divided into two parts. One of them will be paid in a fixed amount, and the other in a share, depending on earnings.
Reasons to reduce child support
A disabled person is entitled to receive financial support from a former spouse within 1 year after the dissolution of the marriage. Therefore, if the former spouse submits an application for him, for example, for alimony for 3 children, the disabled person has the right to file a counterclaim. In it, he can demand money for his own maintenance in order to receive the necessary medical care, the purchase of medicines, products, and so on. The court may consider these cases in the framework of a single trial.
Although a disabled person cannot completely avoid paying child support, this can help him reduce child support. The law provides for the following reasons for reducing child support:
- the presence of obligations to provide for other relatives;
- the birth of another child;
- the presence of a disability of the first or second group;
- the appearance at the recipient of alimony of other types of income;
- official employment of the minor child in whose favor the payments were made;
- a significant deterioration in the financial situation of the disabled person.
The alimony is not entitled to change the size of his own free will. If he has a legitimate reason for this, you should contact the court with the appropriate statement of claim. Judicial practice to reduce child support knows many cases of applying this norm for various reasons.
Documents for collecting child support
To get at least minimal child support, you need to go to court. To do this, prepare a statement of claim, and also collect the necessary package of documents, which includes the following:
- applicant's identity card;
- certificate of the birth of a child (or his passport);
- if the spouse is divorced, then a document certifying this event;
- information about the income of the applicant;
- information about the income of the alimony payer;
- court decision on adoption, if any;
- a document establishing paternity, if any.
Documents of a personal nature are submitted in the form of copies. But the court must bring the originals of all documents. In addition to those indicated, other papers may be required. They must be provided at the request of the court. For example, an extract from the house book may be needed to confirm the fact of cohabitation with a minor.
Information about the income of a disabled person is obtained at the local PFR office, since he should have obtained a disability pension there. If he has an additional source of income, information should also be provided on this. Otherwise, a citizen can be recognized as a person hiding his income, and therefore brought to legal liability.
The court also needs information about the income of the plaintiff. This will help to understand how much the child needs the material support of the other parent.
How to write a statement
You can make a lawsuit yourself or trust a specialist. The second option is preferable, as the lawyer will be able to take into account all the features of a particular case and will definitely not make mistakes. But if this is not possible, then having studied the information on this issue, you can write a statement yourself. It has an established form, which must be respected. Otherwise, the court will not consider the application and return it.
The lawsuit must contain the following information:
- name of the court where the application is submitted
- information about the plaintiff (F. I.O., address of residence and contacts);
- information about the defendant (F. I. O., address of residence and contacts);
- data on common minor children;
- data on disability and disability group of the defendant;
- in the presence of additional earnings of the defendant, data on this;
- claimant requirements;
- references to law under family law;
- a reference to the Tax Code of the Russian Federation exempting from state duty in this category of cases;
- evidence in the case;
- data on witnesses, if any, involved in the case;
- list of attached documents;
- date and signature of the applicant.
The claim is made in several copies. One is sent to the court, the other to the defendant, and on the third a note is made on the acceptance of documents, and he is returned to the plaintiff. If after consideration of the case the court makes a decision in favor of the recipient of the alimony, the defendant has 10 days to appeal this decision. If he does not, then the decision comes into force and the plaintiff is issued a writ of execution.
The actions of the recipient of material support
Having received a writ of execution, you must send it to one of the following state authorities:
- bailiffs to institute enforcement proceedings;
- to the department of the pension fund at the place of residence of the defendant.
If the document is submitted to the bailiff service, then you must additionally write a statement, as well as provide:
- bank account details for the transfer of alimony;
- copies of the identity documents of the applicant and the child;
- information about the income of the alimony payer.
The bailiff initiates enforcement proceedings and requests information on the income of the disabled person. After confirming all the data, alimony is transferred to the account details provided, in accordance with the writ of execution. This option should be chosen if the payer has additional income or if the recipient of alimony has a suspicion of the existence of such.
If the defendant, in addition to applying for a disability pension, did not search for other sources of income and does not have them at the moment, then it is easier to contact the pension fund department at his place of residence. This should be done directly by the claimant.
In addition to the original writ of execution, you must provide your ID, bank account information and write a statement. This option will greatly simplify the enforcement process, and therefore the flow of funds will begin faster.
Responsibility for non-payment of alimony
Unfortunately, in our country there are many parents who have abandoned their families and do not want to take care of their minor children. In this case, different penalties are applied to them: from administrative penalties to criminal prosecution.
But in the case of a disabled person, the recipient of the alimony will definitely not be left without material support, since it is paid monthly by the state (through a pension fund). However, if the alimony has additional income that will hide, he can also be prosecuted.
Conclusion
The disability of a citizen does not relieve him of the need to take care of his minor child. Obligatory to pay alimony the Family Code of the Russian Federation, despite the disability, under the general conditions provided by law. Nevertheless, due to the circumstances, the payer can use the method of how to reduce child support, if there is reason to do so.
To receive money, the plaintiff sends a writ of execution to the bailiffs (if the defendant has additional income) or to the local branch of the pension fund (if the pension is the only source of income for the disabled person). In the latter case, payments will begin to arrive faster than through bailiffs. However, even with some delay, alimony will be paid in full, starting from the date specified in the writ of execution.