Many mothers who are forced to single-handedly support and raise their children have repeatedly encountered dishonesty of their ex-husbands. Most often, former spouses try to hide information about their income. In such a situation, mothers either have to be content with miserable payments for the maintenance of their children, or request child support in hard cash. Judicial practice shows that fixed payments are assigned not only for the maintenance of children under the age of majority, but also for spouses, as well as elderly parents.
What does the law say?
Article 80 of the IC of the Russian Federation states that parents are required to fully provide for their child until they reach the age of majority. At the same time, both parents should give financial resources for the maintenance of the child. However, in reality, one of the parents (living separately from the child) most often forgets about his duties. The court will help to remind parents of the obligation to maintain minor children. It is no secret that the collection of payments for the maintenance of children occurs as a percentage of all the income of the defendant. In fact, it is not always possible to recover child support in shares of the defendant's earnings.
Cash Alimony: Litigation
Based on the legislation of the Russian Federation, the following categories of citizens are entitled to receive cash payments in a solid amount:
- Minor children, as well as former spouses involved in the education of children with disabilities.
- Pregnant spouse Moreover, it does not matter if they are in a divorce or marriage relationship with the defendant.
- Husband raising a baby. According to the law, alimony is monthly relied on to support a spouse, while the money is paid until the child reaches the age of 3 years.
- A spouse who, within 12 months after the dissolution of the marriage, became disabled and cannot support herself.
- Disabled adults.
Fixed amount for child support: when is it prescribed?
The recovery of money for the maintenance of the child is possible only thanks to the court, while the judge will be able to oblige the defendant to pay both a part of all income and alimony in hard cash. Judicial practice shows that the assignment of a fixed amount for the maintenance of a child is possible in the following cases:
- If the defendant’s income is volatile. In our country, work on a rotational basis is not uncommon, the income of such citizens is rather not constant and the purpose of alimony in a constant amount is advisable.
- Payment for the defendant’s work is not in cash, but in kind. A fixed amount of child support will help a woman support a child.
- If the defendant receives his salary in foreign currency. Parents' responsibilities for the maintenance of minor children are not canceled even if the defendant is abroad, therefore it is more advisable to assign a fixed amount of alimony.
- In Russia, there are many unemployed citizens who do not have a constant official income and are interrupted by casual earnings, but at the same time have movable and immovable property. A court decision on alimony allows bailiffs to seize all the defendant’s property for the maintenance of the child.
- Hiding information about official earnings by the defendant allows the judge to order child support in a fixed amount.
It is worth noting that if the life situation of the defendant falls into at least one of the above paragraphs, then the judge will legally be able to order child support in a fixed amount. Judicial practice shows that the judge will be able to determine the amount of material content either independently or based on the size specified in the statement of claim.
How to file a lawsuit?
It is worth noting that all payments for the maintenance of children, parents or ex-spouses are regulated by the Family Code. Alimony in proportion to the defendant's salary is paid on the basis of an application for a court order. To pay child support of a strictly defined size, you need to file a lawsuit with the World Court and begin judicial proceedings.
In the statement of claim, the plaintiff must indicate all the circumstances that prompted her to demand a fixed amount of alimony from the defendant. In addition, the statement should indicate the data of the children and the legal grounds for the appointment of alimony.
What documents do you need to prepare the plaintiff in court?
In addition to the statement of claim, the plaintiff must bring the following documents to the courtroom:
- A document on the conclusion or termination of a marriage.
- A copy of the plaintiff’s passport along with information about her place of residence.
- Documents on the birth of a child (children). In the event that the plaintiff does not have the original of this document, then she can take a duplicate of it at the registry office.
- Copy of the statement of claim.
It is worth noting that the plaintiff will not be required to provide a check on the payment of state duty. Usually, the state fee is levied when filing a statement of claim, however, according to the article of the Tax Code of the Russian Federation, the state fee is not levied on the plaintiff when filing an application for the payment of alimony.
According to the law, a judge is given 5 working days to make a determination on the statement of claim and to begin judicial proceedings. In the event that the statement of claim is drawn up incorrectly or is not substantiated, the judge will also within 5 days make a decision to refuse to proceed or to leave the claim without further movement.
We provide evidence
After accepting the statement of claim, the judge sets the date of the trial. To ensure the attendance of all participants in the trial, the secretary sends out summons to everyone by mail, and a copy of the statement of claim is also sent to the defendant.
During the trial, both parties to the trial must substantiate their claims or objections. To do this, they need to prove:
- The required amount for the maintenance of the child. For this purpose, the plaintiff is better to collect all checks from stores confirming the purchase of food and things for the child, as well as receipts for utility bills.
- The average monthly income of the defendant. Many defendants hide their official income, so it is better for the plaintiff to take care of the evidence herself.
Both parents must provide their child equally, as the Family Code says. Alimony collected from the defendant should not exceed 50% of all expenses for the maintenance of the child.
How to determine payments in a fixed amount of money?
The amount of monthly payments for the maintenance of a child, spouse or elderly persons directly depends on the cost of living. The higher the cost of living in the region where the child is staying, the more the judge will be able to make payments. In the event that a minimum is not established in the region, the judge has the right to determine payments based on the cost of living in the country. The size of the living wage allows you to determine only the minimum amount of cash payments. However, in each case, the judge has the right to determine the amount of payments for the maintenance of the child.
It is worth noting that for each minor child from the family, its own amount of alimony is assigned. The established amount of alimony should not lead to a significant deterioration in the living conditions of children, because the court must first of all take into account the interests of minors.
Pros and Cons of Fixed Alimony
pros
Appointment of alimony of a certain amount allows the plaintiff to receive payments on a monthly basis, regardless of the defendant's income and credit obligations. In addition, the defendant may have several unofficial sources of income, and child support payments only apply to the official income of the defendant.
disadvantages
The main disadvantage of such payments is that for their appointment the plaintiff must prove the viability of the defendant. In addition, the trial can be quite lengthy, because in order to make a final decision on payments, the judge must consider the evidence of both parties.
How will we recover from the defendant?
In order for the payments appointed by the court to come to the plaintiff's current account, the following must be done:
- First you need to come to the courthouse and get a writ of execution in the office.
- Turning to the Federal service of court bailiffs, the plaintiff must write a statement to institute enforcement proceedings. Production will be started by bailiffs only on the basis of a writ of execution.
- Bailiffs will begin to recover funds in favor of the plaintiff, based on a court decision. After the completion of executive office work, the plaintiff will receive monthly alimony in a fixed amount of money.
Judicial practice shows that bailiffs most often assign payments from sources of income such as salaries, income from IP activities, fees or current bank accounts.
Payout Indexing
It is no secret that from year to year our life rises in price, and money is depreciating. The legislation of the Russian Federation tried to protect underage children receiving payments in a fixed amount, and provided for the indexation of alimony. Indexation of payments does not mean an increase in child support. Indexing itself means only that with an increase in the cost of living, the amount of alimony will increase in direct proportion. The process of indexation should be monitored by both the bailiff and the accountant of the organization in which the respondent works.
As practice shows, the process of assigning child support in a strictly fixed amount is not uncommon. Many are afraid to file a lawsuit and demand the appointment of alimony, considering this process unreasonable and lengthy. However, the game is worth the candle, because with a positive decision of the judge, the child will be provided up to 18 years.