Child Support - size and design rules .What alimony rely on the child according to the law in 2015 , and methods for their preparation .
Motherhood / / August 12, 2017
All aspects of such relations are governed by the legislative acts which are clearly marked as designed, appointed and paid by means of how to run the recovery of maintenance, designed for disabled children or the elderly.
What is alimony
definition of "child support" gives the Family Code of the Russian Federation (RF IC).Under this concept are the means that parents allocate for the maintenance of their children up to the age of majority at the last separation.
Maintenance obligations are defined in the same RF IC (Section V).In case of voluntary detention of children form and manner determined by the spouses themselves.In Chapter 16 of the Family Code is for the parents an opportunity to prepare, execute and sign an agreement on the payment of maintenance to ensure decent living standards for minors.
In the absence of the agreement, the court shall decide on monthly recover from the defendant in the amount of 1/4 of earnings and / or other income for 1 child.If the irregular income of a spouse, their size is constantly changing and it is they really have not, in such cases, the alimony shall be established as a fixed sum.It is determined, based on the need to ensure the child as close as possible to the usual standard of living.
Important: divorce if there are children, and his father and his mother, then appointed alimony in favor of less wealthy parents in the form exacted monthly amount set by the court.
If a child suddenly fell ill, had an accident, etc., to ensure that all contingencies, force majeure costs for assistance to treatment, payment for carers generally affected content may be held by a court of any of the parents, evenif the latter was not a single delay in the payment of alimony, or they have their own difficult circumstances.
What's new child support law in 2015
At the beginning of 2015 there was a very difficult socio-economic situation in the country.Another crisis significantly affected the level of income and quality of life of families, especially the poor.Therefore, at all levels of the state system are being actively discussed legislative issues concerning maintenance obligations and its enforcement.What we end up on these issues in 2015?
1. The established order of calculation, appointment and payment of child support remains unchanged in 2015.
2. Russian State Duma is considering a bill on amendments to some laws in order to strengthen the guarantees of the rights of children in obtaining child support.One of the proposed innovation - the payment of the debt of the region's budget if the defaulter could not convince to do it yourself.It is also a guaranteed amount of support is proposed to be set at the minimum subsistence level in each subject of the Russian Federation.
3. In 2015, according to Art.RF IC 117 will be continued indexation of the alimony as a fixed sum.Running it as changing the value of the subsistence minimum.
How to make child support
If you need to obtain child support, there may be two ways to resolve this situation:
1. spouses are able to negotiate and resolve all on a voluntary basis;
2. spouses can not resolve the matter "amicably", it is necessary to solve all resolved in court.
Let us examine both options a little more detail.
paid on a voluntary basis.In this case we are talking about the preparation and conclusion of alimony agreement.It is the best option for the couple, and for the state, since such a process is much faster than through the court issues a decision.
alimony agreement is concluded between the spouse who is obliged to make payments, and the spouse entitled to receive such.Instead, the second party has the right to sign the document of its spokesman.
In drawing up such an agreement should take into account:
- both parties voluntarily and independently establish the procedure, terms of payment and the amount of support;
- all the points on which the parties find agreement should be set out in a document in writing, then the alimony agreement shall be certified by a notary;
- should be borne in mind that without notarization of the agreement is legally equal to zero, ie, it will not have any effect;
- competently executed agreement on alimony payments equal to the writ of execution and, in the case of default set out in the document of obligations, the injured party is entitled to raise it in the executive organs with a request for recovery of debt on a negligent husband.
payments through recourse to a court.Send to the court for alimony should be in two cases:
1. spouses can not agree on a voluntary basis;
2. reached and drawn alimony agreement violated the spouse who is obliged to make payments.
amount allocated monthly for the maintenance of a minor child may be assigned as in share size, as well as in fixed - a fixed sum.
To obtain alimony need the following documents:
- birth certificates of children (per child if there are several), parents' passports;
- a marriage certificate, if it is saved, or a certificate of its dissolution, if the spouses are divorced;
- a statement of claim, stating the name of the court, the applicant's name (the claimant) with the address of residence, the claim with the reason thereof, the evidence as a basis for the claim, as well as the list of documents attached to the application;
- evidence documented: a certificate of cohabitation with the child (an extract from the house), etc.
treatment algorithm in court
1. Gather the required documents.
2. Making a claim that can be made in the community as the defendant and the plaintiff.
3. Consideration of the court case.
4. Making the decision for alimony.
5. Referral to the executive bodies to facilitate the execution of the court decision.
Up to what age the child is put alimony
paid child support made before his age (18 years).In the case, if it is absolutely incompetent and in need of financial assistance, the monthly payments continue.Determination of alimony and the order in which they are determined by the sizes are still in court.
If the child is over 18 years old, you can still file a claim for alimony, since the statute of limitations for claims that come from a family relationship does not exist in Russian legislation.This means that restrictions in this regard, there is no requirement on the disbursement of funds for the maintenance (Art. 107 RF IC).Even against an adult child debts must be repaid.But the plaintiff should take into account that funds will be recovered only in the last 3 years, no more.
Alimony for children 2
If the parents are separated or even divorced, husband, free from the "burden" in the form of two children, is obliged to pay child support for their maintenance in monetary terms (in rare cases - in-kind).The amount of payment in this case is governed by Art.81 RF IC and is set as a percentage, is equal to 1/3 of the monthly income of the parent.This part, directed to children's content is not fixed and can vary depending on the conditions of life of the payer.
When calculating the predicted amount of alimony following points should be considered:
- the minimum amount of benefits for two children - 33% of monthly income (. Article 80, 81 RF IC), the maximum - may not exceed 70% of this amount (art.138 of the Labor Code of the Russian Federation);
- not to depend on a constantly changing amount of income is usually determined by the amount of support it in fractions;
- when applying to the court for the recovery of child support before the meeting should be thoroughly prepared documentation supporting the validity of the requested amount of deductions for the benefit of minors: the size of the court decision can be either increased or decreased;
- if "free" children from a spouse willing to voluntarily pay the amount not less established in the court, then such relations are governed by Art.109 RF IC.
- spouse is obliged to make payments, even if it does not have formal income, or they are not permanent (Article 81, 83 RF IC.);
- Article 117 of the Family Code regulates the mandatory indexation of the amount of maintenance.
Alimony for children 3
raised three children, to ensure they receive the necessary education - not an easy task even for the complete family.Registration, payment and competent alimony for incomplete "cell of society" becomes very important.Family Code in this situation determines the size of payments to the half of the income of the payer.Therefore, the husband, who took over raising three or more children, are entitled to the sum in the range of 50% to 70% of the amount received by the second monthly spouse.
What exactly is included in the determination of monthly income?The composition of this amount consists of:
- funds that have been assessed by piece-rates, salary or wage rates, interest earned from the provision of services, the sale of goods;
- all amounts that are included in premiums and / or supplements to the salary (eg, seniority, specific conditions of work, night work, industry awards, work experience, etc.), that is, what belongsto stimulating and compensation payments as well as payments for the performance of work;
- different types of bonuses and remuneration, regardless of their frequency;
- the sum of the coefficients and allowances established in each region (the so-called northern, for living in dry areas, etc.);
- any other types of income that can be officially confirmed.
If children with a spouse from different marriages, the Russian laws do not distinguish between the payment of alimony in the number of the latter.Second spouse will receive an amount depending on the number of first marriages.For example, two children from his father's first marriage and one from the second.Accordingly, each former spouse will not receive 50% of his income, and 33.3% - the first wife (for two children), and 16.7% - the second (per child).
If the father refuses to pay child support - how foreclosure
unpleasant situations when the defendant refuses to pay maintenance, first of all, because these tools is in dire need minor child.The process of debt collection is regulated by the Family Code of the Russian Federation and the Federal Law "On Enforcement Proceedings".
sequence of actions to recover the debt:
1. Treatment of the writ of execution or by agreement to the bailiffs service
2. Direction earlier decision of opening proceedings with a proposal to repay the debt on their own.
3. Delivery of the writ of administration of the defendant employer.Accounting agencies independently carries out the necessary hold.
3. Application to malicious defaulters complex enforcement measures: such as the right to foreclose on the property and up to the implementation of the latter through an auction.
4. Possible Restriction of the debtor, at the request of the recipient of alimony, in his rights to travel abroad (Art. 67 of the Federal Law above).
5. The extreme measure - Bailiffs Service excitement criminal case (Article 157 of the Criminal Code.).
If the bailiffs can not cope with the problem, it is better to go to court to recover the debt, up to the expropriation of property of debtors.Article 115 of the RF IC allows to consider the calculation of the penalty for each day of non-payment (0.5% of the debt).
There are many other measures that apply bailiffs to start a criminal case, unfortunately, they are not always valid and we have to use so drastic.