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Alimony in case of divorce for one child: conditions for payment




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Unfortunately, many modern families are faced with all sorts of personal problems. Often a couple does not stand up to the test, which leads to a divorce. Breakup can happen even if you have children. Often, after divorce, one of the spouses must pay a monthly amount for the maintenance of minors. Few people are familiar with the provisions of modern legislation, so they do not know how money is transferred.

What is alimony relations in the family code

If there are disabled, minors, then a working citizen who is a relative of these people is obliged to help them financially. This provision is concluded by the current legislation. The Family Code concludes that alimony relations are possible if there is an appropriate agreement between the payer and the recipient, or after a representative of the authorities makes a court decision to recover the money.

Upon receipt of material assistance to a minor, an incapacitated person (this may be a pregnant woman), payment obligations arise from a working spouse. The spouses agree on the procedure for transferring money in case of divorce for one child on their own, or this issue is decided by the court. Any agreement should be notarized so that later there will be no problems when making claims.

Legal regulation

Chapters 16, 17 of the Family Code of the Russian Federation contain the specifics of paying alimony in case of divorce for one child by agreement of the parties. If a court decision is made to recover money, then later transfers will be made in accordance with chapters 13-15 and 17 of the Family Code of the Russian Federation (some rules conclude the procedure for paying money to persons under the age of three). The law makes a clear distinction between the two methods of transferring funds (by court decision and by agreement of the parties). If the spouses have drawn up and certified the contract, then the collection of money in court is unacceptable.

Parties to an agreement on the payment of alimony

Both spouses must take part in the dissolution of a marriage and the collection of money. A minor will be present on some side of the alimony relationship. The spouse who lives with the minor becomes the payer. An incapacitated citizen is considered to be the recipient of the money. Due to the fact that the minor does not have the right to act on his own behalf, the second spouse, who lives with the minor, signs an agreement or collects money.

Sometimes money is transferred to disabled adults who can officially act as recipients. Such situations occur, for example, when a person has a disability and is unable to earn money on his own. In addition, the contract can be concluded with the consent of the father or mother to pay the money before the completion of the education of the minor.

If we talk about the recipient in detail, then sometimes it is one of the spouses. This can be a woman during pregnancy, a mother on maternity leave, or simply a disabled person who needs material support. However, such situations arise much less frequently than cases related to the payment of money for a disabled, minor person.

Conditions for alimony payments

Modern legislation contains some provisions that conclude the conditions for the payment of funds. Enumerations are possible if:

  1. Relationship has been established. There should be information that the person is the son or daughter of a person. If, if necessary, a DNA test procedure is carried out, which helps to establish paternity. Only after determining who the father is, can the claim be considered.
  2. The recipient is not more than 18 years old. As a rule, upon reaching the age of majority, alimony obligations automatically terminate. However, if the person is incapacitated, then an extension of the payment term is possible.
  3. The parent has money to transfer. In other words, the person must be able to transfer money. According to the law, in the absence of income or property, the parent is not relieved of the obligation to support the children. If, in fact, a person does not work, he has no property, then this may be an obstacle to the full provision of a minor.
  4. The limitation period of the claim is taken into account. If the parent submits an application, then later, when determining the amount of debt, only the three years preceding the appeal to the authority are taken into account. In other words, money is not paid for a lifetime, but only for 3 years.

What documents are required

As mentioned earlier, there may be an agreement, which was drawn up by the spouses independently, or a court decision. To draw up the first version of the document, you need to go to a notary with:

  • Spouses' passports.
  • Marriage certificate.
  • Birth certificate of the child (a copy of the certificate is also needed).

After studying the listed papers, the specialist asks to sign an agreement. If one of the spouses does not want to pay child support for one child, refuses to conclude a voluntary agreement, then you can file a claim. Go to court officials with:

  • Passport.
  • Birth and marriage certificates.
  • A statement of claim drawn up in accordance with all the established rules (a copy of the document is made and submitted in 3 copies).

Methods of appointment

Parents may be divorced or simply not live together. Spouses must make an effort to support minors. If a constructive relationship remains between the parents, then they independently decide what amount will be paid to the minor. The conclusion of an agreement is the best option, because it is possible to avoid paying state fees, stress, and save time. In the absence of an opportunity to solve the problem on your own, it is worth contacting the employees of the court with a corresponding statement.

Voluntary agreement with a notary

An agreement on the transfer of money to a minor is a written agreement. The document must be certified by a notary. Oral agreement of the parties is allowed when the parents verbally determine the amount of alimony, the order, and the time of their payment. However, be aware that there is a risk that at any time the payer will refuse to transfer money. Then it makes sense to apply for a forced collection of funds.

The money transfer document must be created so that its clauses do not violate the rights of the recipient family members. If in the process of signing the agreement someone's rights are violated, then it is considered invalid. For example, the wrong amount for payments is often indicated (below or above the amounts that can be established by the court).

A contract drawn up by spouses voluntarily can be concluded for a long time. During this period, the parents may experience some material changes. If the parent began to be listed in another organization or had children, then this should be indicated in the agreement. If necessary, you can terminate the document.

Judicial proceedings

It is worth filing a claim for the recovery of alimony in case of a divorce for one child when it was not possible to achieve voluntary payment of funds (the spouse refused to draw up an alimony agreement). Often, the application is submitted by the spouse with whom the children stayed. Claims are considered by justices of the peace. It is worth contacting them if you need to consider a case for collecting funds. If there is a dispute about the place of residence of a minor, you should apply to the district court. This instance can help if you need to collect alimony and establish kinship at the same time.

Rules for calculating child support

Few people know what the percentage of child support is. When making a court decision, it is taken into account whether the parent is employed, whether he receives a constant salary. If yes, then the amount of the alimony is determined as a percentage of income. Divorce maintenance for one child must be 25% of the parent's earnings. If there is an unemployed spouse, the amount of alimony is determined as a percentage of the minimum wage.

If you are wondering how much alimony is due for one child in the presence of a spouse whose salary is unstable, then know that the court appoints payment in the form of a fixed amount. The amount of alimony is determined according to the subsistence minimum of the recipient's region (the amount must not be lower than the subsistence minimum). When making a decision, the needs of children, the capabilities of the payer are taken into account. Sometimes the court determines the amount for a one-time payment or makes a decision on the transfer of valuable property to the ownership of a minor.

Married

Often there is a need for additional funds when the spouses are legally married and do not file for divorce. The potential payer father can live with the children and their mother. Modern legislation provides an opportunity to pay money when a divorce has not been filed. The main condition for requiring payment of money for a son or daughter is the parent's relationship with the children. In addition, it is important that:

  • The union was official.
  • The daughter or son really did not have enough money for full-fledged development (as a rule, the funds go to study, food, clothes).
  • The second spouse had funds for the transfer.

Out of wedlock

In the presence of a common-law husband who does not officially work, the court assigns alimony in the amount of the living wage. It is taken into account whether the parent is entered on the birth certificate. DNA testing should be done if necessary. Keep in mind that legal relationship carries more weight than biological relationship. To collect funds, contact the court officials with a passport, a certificate confirming paternity, a birth certificate, and a certificate of family composition. In addition, you will need to draw up an application for the collection of funds.

Child support in case of divorce

You can collect money after some time after the divorce (there are no restrictions). Keep in mind that if the ex-spouse refuses to support the minor, then you can get money from him only if there is a relationship. If he is not there, then the ex-wife submits an application for a DNA test to establish the biological father. Sometimes, in order to collect funds, you need to prove that a person has lived for some time with a woman who has children.

From what income is the alimony for one child withheld

The legislation of the Russian Federation establishes some rules for the accrual of funds to a minor. The amount can be withheld from:

  1. The person's official income.
  2. Salary received after the sale of products, the provision of some services.
  3. Salary earned for professional excellence.
  4. Payments accrued for the period worked in public office.
  5. Benefits from the labor exchange, temporary disability.
  6. Pension deductions.
  7. Income received from renting out an apartment, house or other property.
  8. Scholarships from an educational institution.

Payments from which withholding alimony is prohibited

The legislation includes provisions on funds that cannot be used to accrue support for a minor. These payments include:

  1. Survivor's pension.
  2. Funds provided as maternity capital.
  3. Money credited to restore health that was lost as a result of the performance of official duties.
  4. Means for the implementation of full-fledged care for disabled persons.
  5. Burial allowances.

The amount of alimony per child

If a voluntary agreement is drawn up, then know that alimony must be indexed ... Their size cannot be lower than the established percentage of the official income. For a non-working citizen or a person with irregular earnings, a payment is assigned not lower than the amount of money, which is determined based on the size of the subsistence minimum of the region where the recipient lives.

In the absence of an agreement, the minimum amount of alimony is determined by the court based on information about the defendant's employment. When a court decision is made, the payment cannot be set less than the minimum wage. If the claimant does not prove that the parent has additional income, then, as mentioned earlier, alimony will be calculated as a percentage of the minimum wage in the country. To recover money from an unemployed citizen, the court is guided by the subsistence minimum of the region where the recipient lives.

As a percentage of income

If official earnings are established, then the amount for one minor will be equal to 25% of the person's income level. Changes in the amount of payments may be accepted subject to the special circumstances of the parties. As a rule, when calculating the amount of money, the judicial authority takes into account the material and marital status of the parents (living conditions, wages, etc.).

In solid sum

The payment of funds is assigned in absolutely any amount (there is no maximum limit). When determining the amount to be transferred, the judicial authority is guided by information about the lifestyle of the children. The usual level of support for a minor is taken into account, the material, marital status of the parents, and other circumstances that deserve attention are taken into account. Subsequently, the amount of alimony can be increased by the court, taking into account the financial situation of the minor. To reduce the size of the payment, serious reasons are needed.

In kind

According to the Family Code of the Russian Federation, alimony in kind is possible by voluntary agreement of the parties. The recipient should not mind this form of payment. When drawing up the contract, the parents determine the amount, procedure, and method of paying alimony in kind. Keep in mind that if a statement of claim is filed, the alimony will only be paid in cash.

How child support is paid after a divorce

After a divorce, a person can apply to court officials to transfer money for a minor. The appeal to the employees of the court is the basis for the commencement of the claim proceedings. Please note that the rules of the statute of limitations do not apply to alimony relations. A spouse has the right to apply at any age of children up to the age of 18. If a positive decision is made, the money is credited from the moment of appeal to the judicial authority.

Collection procedure

The collection of funds is carried out by the judicial authorities. If there is an agreement on hand, the terms of which are not fulfilled by the father or mother, then the legal representative of the children has the right to submit an application to the bailiffs for the commencement of enforcement proceedings in the case. This is possible because a notarized contract has the force of an executive document.

When making a court decision, the procedure for transferring funds is determined. Subsequently, the process of transferring money is controlled by bailiffs. The amount is deducted from the person's salary. The amount of payment is equal to that indicated in the writ of execution issued after the adoption of the court decision. The administration of the institution in which the defendant is listed transfers the amount to the recipient's account. If the property is recovered, then subsequently its sale is made by auction. The money received goes to the account of the legal representative of the children.

After the end of the trial, a decision is made on the transfer of funds by the parent, the procedure for collecting money begins. The basis for this is the existence of a writ of execution. The responsibility for carrying out the collection of money lies with the organization in which the defendant is listed. The accounting department charges funds to the account of the legal representative of the minor. If for some reason the payment of money is suspended, then a penalty is charged to the debtor.

Payment methods

The payer has the right to consent to the transfer of funds from the income received. For this, a writ of execution from the court or a voluntary agreement of the spouses certified by a notary is presented to the accounting department of the organization. The documents must indicate the account to which the money is to be transferred. If it is necessary to pay an amount in a fixed amount, the payer must make a bank transfer or transfer money in cash. In the latter case, a receipt for the receipt of funds must be drawn up.

Reasons for the termination of alimony payments

Often, the transfer of funds is terminated by a voluntary agreement of the parties. If a mother refuses to transfer money, then she should be aware that she is speaking on behalf of her children. After a divorce, a mother may not apply to court officials to transfer funds to a minor. If the claim is filed, documents confirming the relationship are presented, then the father can no longer refuse to transfer money. Termination of alimony relations occurs when:

  • Children reaching 18 years of age.
  • The condition that the person with whom the minor lives after the divorce no longer needs material assistance.
  • The expiration of the term of the voluntary agreement of the parties.
  • Establishing the fact of death of one of the parties.

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