Unfortunately, not every marriage lasts a lifetime, cases of divorce are recorded more and more often, during this process, property that was acquired jointly by spouses is usually shared. In addition to property, couples also have children, which also need to be "divided." The question of who the child or children will stay with is decided either by agreement between the spouses, taking into account the views of the child, or in court. In any case, one of the parents shall pay child support in case of divorce to the parent with whom the child or children remained.
What is child support?
The norms of the Family Code of the Russian Federation give a concept to such a phenomenon. It is understood as monetary support paid by parents for the upbringing and life of their minor children. Also, alimony can be paid by family members (children) to their elderly parents or to parents who need help. There are cases when alimony is paid by parents to older children if they need help or are disabled. The law establishes the scope and specific terms of alimony, details the procedure, the proceeds from which money is collected, and cases of collection.
Alimony Payers
As we said earlier, the law clearly establishes which of the parents pays child support for a divorce. As a general rule, such an obligation is assigned to one of the former spouses who does not independently provide support in raising a child, does not take part in his life not because of the impossibility of doing this, but because of negligence and careless attitude to his obligations. Also, the duty can be assigned to a healthy parent if the second is seriously ill, incapacitated and needs help.
Individuals requiring alimony
Alimony during a divorce has the right to receive several groups of persons. Let's consider each of them separately:
- Young and minor children for the maintenance of which no material resources are allocated. It can be both parents, and one of them.
- Children who have already reached the age of 18 years and older, but need help because of their health status or for any other circumstances.
- Former spouse who is in a state of pregnancy during the divorce period and another three years after childbirth. The term and attitude of the father to such a situation does not matter, the law imposes on him the obligation to pay child support in any case.
- One of the spouses, regardless of gender, who cares and contains a disabled minor child or an adult child who has been disabled since childhood. Disability group should be the first.
- Former spouse who is disabled.
- Brothers or sisters who are disabled and cannot receive help from their parents or spouses.
- Grandchildren who cannot get help from spouses, parents or siblings.
What is the size of the child support? Share distribution
Let’s determine how child support is allocated for a divorce of parents. This is a very important point. The law establishes two main ways of calculating the amount of child support for a divorce. Consider each of them and determine the features and rules of accrual. As the most striking example, let us take the obligations of parents to support their children. In this case, the norms of the Family Code of the Russian Federation primarily call for an amicable settlement on the procedure and amount of alimony paid.
If there is no agreement between the parents, then the money is collected through the court. The first option is the size of payments in the form of shares. In this case, the amount of alimony for a divorce per child is a quarter of the salary, for two children - a third, and if three or more dependents, then half of the parent's income. More than 50% of income cannot be recovered. The court considers in detail the marital status and well-being of the parent, who is obliged to pay child support, and on this basis, the size of the shares can be changed in any direction.
What is the size of the child support? Fixed amount
This method is used if the parent who is obliged to pay the allowance has an irregular income, there are obvious signs of a shadow wage. This also includes cases of payment of wages partially or fully in foreign currency, or when the calculation in the form of shares is impossible or difficult. In such cases, the court may fix the amount in a specific amount or jointly in shares and in a fixed amount. In determining the size of the court proceeds from the needs of the child and the financial situation of the parent. There are cases when there were two or more children in the family, and when they divorce, they remain with the one and the other parent. In this case, the amount of alimony in favor of the less affluent spouse is determined in a fixed amount, the shares are not used here. We figured out the question of how much to pay child support for a divorce and how they are calculated.
Procedure for applying for child support
We remind you that the law strongly recommends that parents agree on the size and regularity of payments, as well as on the age of the child to whom these obligations apply. If there is no agreement, then one of the parents who has a child left or who needs help should contact a justice of the peace. The place of the position of the court does not matter, it can be both at the place of residence of the plaintiff and at the place of residence of the defendant. The application and the package of documents are submitted to the court.
If the plaintiff knows where the defendant lives and the size of his income, then a trial is not required. The plaintiff may ask to issue a court order, which indicates the shares to be collected. Please note that in this case, the size is calculated only in fractions.
If there is no information or if the defendant does not recognize that he is the father of the child or does not see the need to support him, then a statement of claim for divorce and alimony are filed at the same time.
There are other situations. How to file child support after a divorce? There are cases when, during the divorce proceedings, the plaintiff did not file for child support, hoping to negotiate peacefully with the defendant. After some time, there was a need to recover benefits. In this case, there is nothing special, just as it is necessary to turn to a magistrate’s court and solve these issues through it;
The necessary package of documents
To appeal the plaintiff to the court, it is necessary to write a statement on the recovery of alimony, in order to properly execute it, you can see the sample presented above, or contact the court secretary for advice. The specialist will not only explain the details, but also help to draw up the document.
The first part of the application: information about the child and marital status at the time of filing the claim.
The second part of the application: data on the person from whom the collection will be carried out, information on the amount, list of documents.
You can also contact the services of a lawyer or representative. It is necessary to make three copies, as well as the following documents:
- Divorce certificate, which confirms the existence of relations between former spouses, as well as the fact of their dissolution. In addition to the original, have a copy.
- Birth certificate of a child. If there are several children, then accordingly it is necessary to take a copy from each one with the original.
- A copy and the original passport of the plaintiff, if possible, then the defendant.
- Certificates, receipts or other documents confirming the existence and size of the parent's income from which child support will be collected.
- The document confirming the payment of the state fee is a receipt or a check from the bank.
There is a preliminary meeting at which the judge gets acquainted with the materials and evidence. In the course of such a study, the judge may ask to bring other documents to the hearing that he considers necessary. All this is individual, but the main package of documents is disclosed above.
Collection process
The procedure is as follows:
- Then, when the judge issued a court order or made a decision as a result of the consideration of the case in civil proceedings, the plaintiff receives by mail or in person one of these documents.
- The court also issued a writ of execution.
- After the plaintiff follows to another instance - to the bailiffs, where he gives the document to the employees - bailiffs.
- The bailiffs will familiarize themselves with the writ of execution and initiate proceedings, the fact of which will be reflected in the decision to open this case.
- All work now rests with the bailiffs. They will be involved in the collection process, determining the income of the payer. An order will be sent to his place of work with the requirement to keep part of the salary.
- After the issuance of the order, the accounting department of the enterprise where the respondent works is engaged in the issue. If he has no work, at least not official, then deductions will be made from other types of income (benefits, pensions, scholarships and other payments).
As you can see, the process of resolving the matter through the court is quite lengthy, so think about whether it is worth filing for child support when divorcing and resolving the issue in this way. Everything must be done to agree with the second parent, without attending court hearings once again and not addressing the bailiffs.
Is there a liability for non-payment?
Of course, despite the large-scale activities of bailiffs, it often happens that the ex-husband still does not pay and evades child support for his divorce. What to do, is there any responsibility for this and where to go?
Remember! Even if the parent has lost his job or other type of income, he should still continue to pay child support. Exemption from the obligation can be imposed only by the court in certain rare cases. If the defendant refuses to pay child support and there is a debt of large amounts, then the plaintiff can calculate its size and again go to court. It is worth writing a statement of reimbursement of expenses, in which all calculations are indicated. The statement must be accompanied by evidence - statements of accounts and a court order, a decision on the recovery of alimony.
Bailiffs can initiate criminal proceedings under Article 157 of the Criminal Code of the Russian Federation. It provides liability for evading such obligations.
Summarizing
Alimony for divorce is a necessary and important component, especially if a woman needs them. After all, often she cannot independently support and raise a child, or even more than a few children. Therefore, you need to know how to apply for child support after a divorce, especially if the children stayed with their mother. If you understand that you cannot understand this confusing system yourself, then it is better to turn to specialists: lawyers, consultants or court staff for advice. Many lawyers and representatives can now help and accompany the entire procedure from filing an application to collecting child support.