The Family Code of the Russian Federation is a set of normative acts and laws protecting the interests and rights of family members. It states what children owe to their parents, and they to their minor / adult descendants. For example, by law, it is necessary to keep a father and mother disabled or needy or to finance minor children. It is the last moment that raises many questions. In Russia, cases of evading parents (or one of them) from keeping young children are becoming more frequent. Therefore, we’ll continue to talk about the procedure for paying child support. What and when can minors claim? How to request content? Is it possible to collect a debt for maintenance payments? And what is the risk of late payments? Every parent needs to understand all these issues. Then a person will be able to protect himself, and the child, and his finances.
Defining Child Support
The procedure for paying child support may vary. But what kind of finances are we talking about?
Alimony refers to regular (usually monthly) cash payments allocated to support a needy relative. Usually applying for the appropriate funding:
- children;
- parents;
- spouses.
We focus on child support. They cause a lot of controversy, even during official marriage between the parents of the child. What you need to know about this topic?
Child Responsibilities
The Child Support Act states that citizens are required to support their young children. After the onset of full legal capacity, the financing of an able-bodied person ceases. At the same time, parents can apply for child support for their adult child. But there is more to come!
The procedure for the payment of alimony to children after 18 years of age also takes place. For example, parents are required to fund their child if:
- he is a full-time student of the university (up to 24 years old);
- an adult descendant is disabled;
- children are recognized as legally incompetent, needy or disabled.
Accordingly, in real life, child support for adults is not too common. Therefore, we will further focus on financing small children.
Payment Methods
The procedure for paying child support is different. Parents of minor children can agree on how and in what amounts to transfer money for the maintenance of descendants.
Among the available ways of financing minors by legal representatives are:
- oral agreement of the parties;
- peaceful agreement;
- court decision on alimony.
That's all. Parents can either privately discuss the maintenance of the child, or achieve official assignment of appropriate payments. Usually the algorithm of actions depends on how much legal representatives of the minor can find a common language.
When to apply for child support
It is worth noting that not every couple knows under what circumstances it is possible to demand the maintenance of themselves and their children. Therefore, we have to consider each situation separately.
It is hard to believe, but you can apply for child support at any time before the person comes of age. Moreover, the presence / absence of marriage between parents does not play any role. Alimony is increasingly served while in a registered relationship.
Where to go for help
The procedure for paying child support for a divorce involves the transfer of money to a minor. In this case, the parent, with whom the children live on an ongoing basis, must dispose of the funds. Usually a child is left to live with mom, and dad becomes an alimony. This is the judicial practice in Russia.
Where to go for help with child support? For example, you can contact:
And you can just verbally discuss payments to minors and receive them "retroactively." Sometimes, this option is really beneficial. For example, if the father is conscientious and receives a black or gray salary in large quantities.
Payout calculation
Many are interested in the minimum payment of child support and the principles of calculating the finances paid by parents for the maintenance of minors.
To date, child support can be expressed:
- in solid amount;
- as a percentage of payer earnings.
The lawsuit or the peace agreement of the established forms must indicate which form of calculation of alimony is chosen by the potential recipient of the funds. Sometimes it is advantageous to take a percentage of earnings, sometimes in a solid amount.
Total Alimony
This is a monthly cash payment, which is calculated in favor of a needy person in a certain amount of money, which is fixed and remains unchanged for payment even if the following circumstances exist:
- when the income of the payer changes
- when changing his marital, social or other status.
Once a month it will be necessary to bring to the recipient the amount established by the court. Otherwise, arrears will be formed on payments, which will be equal to the size of this amount.
Unlike the collection of alimony, this amount is assigned in multiples of the amount of the subsistence minimum established in the region where the person in need lives (and if not established, the subsistence minimum for the whole country, established once a quarter by the Russian Government). Payments are also subject to indexation in proportion to the quarterly increase in the cost of living.
Minimum payouts
Next, find out what is the minimum payment of child support for a child in a particular case. In fact, it is problematic to unequivocally answer a similar question. This is due to the fact that often the court takes into account the minimum wage of the region in which the children live.
In 2018, the minimum wage is 9,489 rubles. Accordingly, the minimum payout will be calculated from this amount. For example, when a child support is not working.
Further, it is worth paying attention to the fact that the amount of funding for children depends on their number. A person cannot list less:
- 25% of earnings for one child;
- 33% of the total monthly profit for two children;
- 50% of monthly income for 3 or more minors.
So, the minimum child support for one baby will be about 2,372 rubles. It's not that much. Moreover, many consider such payments per child ridiculous. Usually, in such circumstances, child support is not officially filed.
More precise information on the amount of payments must be found out in a particular case separately. It is not as difficult as it seems.
Important: for child support in a fixed amount, as a rule, the court takes into account the costs of the child, the income of the parties and the cost of living for the minor.
Pension instead of alimony
The procedure for paying child support for two children is no different from transferring money to support one child. The difference is only in the amount of funding for descendants.
Recently, a new law has been introduced in Russia. It allows children to receive a survivor's pension instead of child support. This situation occurs if the alimony's place of residence is unknown.
At the moment, few people use a similar scenario. Sometimes it is more profitable to file for alimony, wait for the accumulation of significant debt and file for deprivation of parental rights. This technique is great in order to protect the child and his finances from the negligent parent in the future.
Deprived of rights - do not pay child support?
Alimony in a fixed amount is not always beneficial. But what else do you need to know about the topic being studied?
Some believe that the maintenance obligations of the legal representatives of a minor end with the deprivation of parental authority. However, this is not so.
According to the legislation of the Russian Federation, deprivation of parental rights does not exempt parents from financing their minor or disabled children. At the same time, a child after reaching working age is not required to support a needy parent who was once deprived of his authority.
That is why often people wait for the accumulation of debt for maintenance payments, and then go to court to deprive the debtor of the authority of the parents.
Oral agreement
If you need to pay child support for 3 children, how many percent of wages will have to be transferred? According to the law, the minimum payment is 50% of the income of the payer. Such a percentage can be reduced if the parent-alimony has a lot of money and its financing is sufficient for the needs of children.
Next, we find out how to request child support and collect debts on them. It is not so easy if you do not prepare in advance.
The easiest way for some couples to issue alimony "retroactively", unofficially. Spouses (including former ones) simply agree among themselves on how often and in what amounts financial support for children will take place.
This alignment does not provide any legal guarantees and is unsafe. An alimony can simply stop transferring money at one point. At the same time, it will not work to recover potential debt. But citizens can go to court to order formal alimony.
Peace agreement - how to draw up
We found out what percentage of child support for 3 children is currently in Russia. Now let’s get acquainted with the methods of obtaining financial support from the second parent.
As already mentioned, husband and wife can conclude a peace agreement. For example, before or after a divorce. The document is signed at the notary's office. On average, the cost of such a transaction will cost 5-6 thousand rubles.
To conclude a peace agreement on alimony, the parties need to:
- Prepare a child support agreement. All the features of transferring money to minors are indicated here.
- Collect the documentation prescribed by law to conclude an alimony agreement.
- To appear with your spouse (including the former) in a notary's office and pay for the services of an intermediary.
- Sign the agreement and pick up your copy of the contract.
At this stage, alimony can be considered assigned. In case of violation of the rules established by the spouses, court appeal is allowed. The parent will be able to claim child support officially. Then it will be allowed to collect the debt of the appropriate type.
Documents for a Peace Agreement
The payment of alimony for two children is no different from the appointment of financial support for one or three minors. What is needed to formalize a peace support agreement?
To cope with the task, legal representatives of minors will have to take with them:
- identity cards of the parties;
- birth / adoption certificates;
- statements of marriage or divorce;
- income statements;
- child support agreement.
That should be enough. Sometimes even income certificates are not required. For example, if the parents have gray or black earnings.
Important: maintenance obligations in this case occur from the moment of conclusion of the relevant agreement.
Going to court for finance
What is the procedure for paying child support through a court? How to apply for financial support for a minor? Where to go for help?
Alimony issues should be considered in the district court. In this case, the plaintiff will have to adhere to the following algorithm of actions:
- Prepare papers to uphold your point of view in court.
- Write and fill out a statement of claim for child support. Here it is desirable to indicate the income of the parties, the possible expenses for the minor, and the method of calculating the corresponding payments.
- File a lawsuit at the place of registration of the defendant. Sometimes you can send a petition to the court at the place of registration of the plaintiff.
- Take part in the hearing. During it, all the papers attached to the lawsuit will be considered, after which the judge will be able to assess the situation and make one or another decision.
- Get a court order on alimony.
Now it is possible to consider the corresponding payments officially appointed. The term for the payment of alimony in Russia begins from the day the petition is filed with the court.
Documents for the court
We studied the procedure for paying child support for a divorce in Russia. And what will be required to prepare for the implementation of the task? What papers are useful for formalizing child support?
In order to cope with a similar task, you will need to take with you:
- passports of the parties;
- lawsuit;
- certificates from the place of residence of the husband and wife (including former);
- statements of income of the parties;
- cost estimate for a child;
- checks and receipts confirming the payment of certain services for a minor;
- certificates from the workplace of the alimony or an act requesting the earnings of a potential payer;
- any extracts indicating the relationship of the child with the parents.
It is worth noting that until kinship has been proven, alimony cannot be assigned. It is simply prohibited by law.
Payout adjustment
Another point worthy of the attention of all citizens is the possibility of changing the size of alimony. In a solid amount of money or as a percentage of earnings - this is not so important. The main thing is that, if necessary, the parties can go to court and reduce / increase the amount of finance issued for the child.
An increase in the amount of payments is possible if:
- the income of the alimony payer has increased significantly;
- expenses for a child have increased;
- indexation of payments is required in connection with the adjustment of the minimum wage.
There is nothing difficult about this. It is much more difficult to achieve a reduction in the amount of finance allocated for the maintenance of a minor.
Such a chance is possible when:
- the alimony has "new" children;
- new people are now dependent on the payer;
- the material situation of the alimony has sharply worsened (not through the fault of the potential payer of funds);
- the second parent suspects unfounded claims for alimony.
To adjust child support payments, a person will have to take to court:
- certificates of proof of position;
- formal court order for child support.
In court, income certificates, extracts from the labor exchange, and birth certificates of children can come in handy.
Debt collection
How to collect debt for child support? Such an operation does not always bear fruit. You can only collect amounts that are delayed in child support after the official appointment of payments.
To claim debt from the alimony, the second parent must:
- Go to the bailiff service and get a certificate of debt.
- Contact the court with evidence of debt.
- Take the court order on the forced collection of money from the alimony.
- Take the relevant document to the bailiff service and the employer of the former / current spouse.
After that, it remains only to wait. Bailiffs will begin the search for the debtor. If necessary, the property of the alimony will be sold, and the money received for the transaction will be given under the guise of alimony.
About termination of payments
But this is not the end. When does child support payments stop? A similar question is extremely important.
Child support payments will stop if:
- child or payer dies;
- the minor received emancipation;
- kinship with the payer was refuted;
- the child has reached the age of majority or 24 years (when studying at the full-time department of the university).
The absence of work from a potential payer of alimony is not grounds for exemption from alimony. A person will simply accumulate debt. We have already found out how to collect debt for alimony. And you can do this even if the alimony has no official place of work.
Conclusion
The term for the payment of alimony and the basis for the collection of funds from the parent of the child were presented to our attention. From now on, everyone knows how to cope with the tasks.
Documents for child support after a divorce will be able to prepare every conscientious parent. Their list was presented to attention earlier. It is recommended to file for alimony along with the divorce and determination of the place of residence of minors.
All documents for child support after a divorce are provided in the form of copies and originals. Moreover, the parties will have to try pretty hard - to hide their income and prove the validity of their point of view on the issues of financial support for children.