The article describes what to do if the father does not want to pay child support. You will also learn how to draw up a child support application and what organization to handle it to.
Content
- What is needed to make alimony for a child?
- The procedure for formalizing child support for a child
- Application form for the recovery of alimony for the child
- How to pay child support for a child?
- How to determine the amount of alimony for a child?
- What is the amount of alimony for two children?
- The amount of alimony for adults
- The amount of alimony for a non -working child
- What to do if the father does not pay child support?
- Video: Alimony for children - questions, answers
- Now, unfortunately, it is not uncommon that children are not growing in full families. According to statistics in our country, very high indicators of divorces among steam with minor children
- Due to the collapse of the family, children suffer most, both morally and financially. After all, one of the parents is very difficult to support the family
- According to the legislation of Russia, the second parent is obliged to pay child support until he reaches adulthood or up to twenty -three years (if young people are educated)
- However, not everyone agrees with this and often try to avoid paying the amount of the due amount to their baby in every way. Let's further study in detail all issues on paying child support for children
What is needed to make alimony for a child?
To arrange alimony is a difficult matter. After all, former spouses will need quite a few time, patience, to come to a general agreement. You will also need to assemble a package of papers for subsequent submission to the relevant authorities.
You can issue alimony in two options: through judicial institutions and in a notary. The second option provides for the conclusion of an agreement between the former spouses on the payment of one of them to help the child. The document is assured by the employee of the law office. To draw up such an agreement will be needed:
- passports of the former - husband, wife
- passport or birth certificate
- divorce certificate
To submit a statement of claim to the court for alimony for children, you will need to provide the following documentation:
- a claim for the recovery of alimony in favor of the child
- passport of the plaintiff
- civil state document (marriage certificate, divorce)
- a certificate of personality of the child
- income certificate
- family
- documentation, checks that confirm that the defendant does not pay the due child support for the child
IMPORTANT: If a person does not work, then this does not exempt it from paying alimony for a child. Monthly, cash transfers can be paid for the unfortunate of his relatives (brothers, sisters, mom, dad, etc.).
The procedure for formalizing child support for a child
As mentioned above, decoration of alimony can conduct in two ways:
- By mutual agreement
- Through the court
In the first case procedure of registration will be as follows:
- preparation of a package of papers
- former spouses agree with each other about the amount of monetary compensation and the procedure for paying for it
- conclude an agreement with a lawyer
- the notary certifies the contract, otherwise this agreement will not have legal force
Court of court:
- Again, start by collecting documentation
- Make a claim at the place of residence of the plaintiff or defendant
- The judicial institution will consider your application, and then notify the date of consideration of the case
- At the meeting, they will make a decision
- Then the case file will be sent to executive organizations that will ensure that the decision is put into effect
Application form for the recovery of alimony for the child
You will need to make an application only after collecting all the necessary documentation. Indeed, in the lawsuit, you need to indicate what documents you are based on to prove that you did not receive alimony, and that you have lived together with the defendants, etc.
The claim is as follows:
- In the application of the application, on the right indicate which court you are applying (section, city of the institution)
- Next, write your passport data
- Below is the name of the defendant
- In the middle, indicate the name of the document: a statement of claim for the recovery of alimony for a child (children)
- Then write the main part of the application, where it should be indicated how much you must pay the defendant, the name of the child, the place of residence of all participants in the dispute
- Below, indicate which papers you have provided to go to court
- At the end, put the date, signature
How to pay child support for a child?
It all depends on how you agree with your ex -husband. If he works at the company, then you can transfer money to a plastic card, a current account. If your ex -husband is an entrepreneur, then he can transfer funds by postal translations or give you personally. But when transferring money personally, he must give him a receipt that you received money so that there are no complaints in the future.
How to determine the amount of alimony for a child?
Funds that one of the parents deducts on children can be installed in different ways:
- in a fixed certain amount, which is allowed to pay both monthly and once in the full, established volume
- as a percentage of salary: 25% per baby, 33% for two, 50% for three
- by giving certain property (real estate, car) or values
What is the amount of alimony for two children?
- If a person who undertakes to pay for alimony has a constant source of earnings, then 33% of the salary for two children are calculated from it
- If the parent does not have constant income, then he pays a fixed amount of money
- If there is a farm, the father can give money in the form of products
- It is also allowed to compensate for alimony by property (this was mentioned above)
The amount of alimony for adults
Children who have reached the eighteen years also have the right to receive alimony from one or another of their parents:
- in the presence of disability with which the child is disabled
- an adult child needs your help, but the concept of need is completely unexpected in legislation
The amount of alimony for a non -working child
For an adult, not working child, the amount of benefits from one of the parents is determined in a solid money. The sides themselves determine it. In case of non -external consent between the parties, the amount is set in court litigations.
What to do if the father does not pay child support?
If the father does not consider it necessary to pay alimony, then the recipient has the right to contact the bailiffs, or rather, write a statement to them. Write the second application to the prosecutor's office. If there is a debt of more than 4 months, such a non -payer will be brought to criminal liability.