In recent years, Russia actively develop strategies for improving demographics, in an effort to each parent had at least one child. While using different promotional tools, from the parent capital to monthly benefits for the second child. However, the support of parenthood by the state does not guarantee the strength of family relationships, unfortunately. More and more parents are faced with the concept of alimony.
According to the definition spelled out in the Family Code, alimony – that means for maintenance, which the law requires to pay the parent's minor children. To obtain child support has the right a mother or father who have dependent children left, guardian, representatives of the guardianship.
Accepted by the debtor for alimony to be considered a man, because the woman from birth, duties of care and feeding of the child is always with the kids. However, practice shows that the recovery require and dads who still have dependent children. According to statistics, out of a hundred applications for the payment of alimony in favour of children two statements written on men's faces. More often the recovery of the mother require the guardianship or legal representatives of children whose mother leads an immoral life, or is serving a sentence is deprived of parental rights.
By the Way, parents who are in prison are not exempt from payment of the alimony on two children. If they have the opportunity to work, the first thing that happens is that retention is a maintenance part. If permanent income is missing, the entire debt accumulated and payable after its release, no matter how many years have children.
Recommended
Calculation and payment of sick leave
Sick Pay provided by the legislation of the Russian Federation, in particular TC and FZ No. 255. In addition, some rules are governed by the provisions of the civil code. Any employee upon the occurrence of a certain disease should contact a health f...
Employee certification for compliance with the post: purpose, procedure, result
Employers perceive the order of certification of employees as a formality. Regulations intended for commercial organizations, were not issued. Certification is required only for employees of the organizations designated in the laws of the spheres, le...
Registration of vehicle: procedure, sample application, certificate
Every person who buys a car needs to do its registration in the traffic police. It is necessary when purchasing new or used cars, as well as no matter whether the seller of natural persons or legal entities. Check the vehicle is in the traffic police...
All types of maintenance, procedure of calculation, the amount, particularly the amount of child support for two children, established in the Family Code of the Russian Federation. The payment of the compensation in article 80. It describes the enforceability and the amount of support for two minor children.
Children under the age of 18 are obliged to support both parents. When one parent, usually the father, leaves the family, the accepted norm is that children remain dependent on their mother. the Parents can agree on the size of the alimony on two children orally. Usually this practice is found in peacefully broke up and support friendly relations of the spouses. Sometimes resorted to an agreement that specifies the amount, payment date. This agreement is written and necessarily made in the presence of a notary. It is a guarantee for both the single parent and the payer. However, there are parents who shy away from any child, whereby the mother has the right to file for child support.
For this to be complied with the following conditions:
If the spouses cannot agree on payments, and this uncertainty is delaying the process of paying, the mother, remaining with her two children, may apply to the magistrates court at the place of residence, providing certain documents. Submission of documents – is quite a troublesome procedure, and it is necessary to thoroughly prepare. To apply you need:
Important! If a couple is not married and father was not involved in the lives of children neither in fact nor document, you must first gain recognition for his father children and make an appropriate entry in the birth certificate. The basis is often a DNA test. Only after the recognition of paternity makes sense to further collect the remaining documents for alimony.
On the basis of all of the enclosed documents, the magistrate shall make a judicial decision at the meeting or in absentia, if the application and submitted documents are in order. If the amount of child support for two children is not satisfied of the defendant, and he disputes the claim, or conceals information about itself and the income shall be transferred to another document-a writ of execution.
A writ of execution – decree on the amount of child support for two minorchildren, which requires a detailed examination of all documents and the mandatory presence of both parents in the courtroom.
Alimony paid either in a solid unit, i.e. a fixed amount determined by agreement between the spouses, or the amount set in the legal documents by the court, or can carry proprietary in nature in the form of real estate.
The Most common method of repayment is a lien wages. For two children child support collected in the amount of 1/3 of the income of the spouse. If the income of the father are random or they are not recorded in the tax returns, have resorted to the calculation of payment of the minimum wage (SMIC).
In 2017, the minimum wage amounted to 7500 roubles the minimum size of the alimony on two children will be equal to 2574 rubles. The decision of the court, even this small amount may be changed in the smaller side. Child support collected for two children in the amount reduced by two aspects: the existence of other dependents of a father or the presence of disability of the payer. The father is officially unemployed, will allocate part of the unemployment benefits. The employment center will have the responsibility – the size of the alimony on two children to hold off his competitor.
In determining the amount of payments focus not only on the financial status of the father, but also on living conditions and material security to the mother. So, low income, verification of documents may increase the amount of alimony for the parent with two children.
When the court determines the amount of payments by tackling all of the defendant's income, it does not take into account the following available:
The Minimum size of the alimony on two children can be deducted from the scholarship, if the Respondent is a student.
Several other payment can be on children, one of whom is under the age of three. The fact that, while officially on maternity leave, the mother of a minor child is temporarily unable to work because of all the attention, care and time she devotes to the baby. In this case, the amount of support for two minor children is 33 percent and child support to the mother. The payment of alimony to the mother in the decree, but it will be no more than half the amount per child. So, when the payment of alimony in the amount of 10 000 for two children, the woman claims to be 5000 rubles. But obligations to the mother stopped as soon as she's officially married to another person.
What is the amount of child support for two children will be paid, set by the court. Since judgment will begin foreclosure. If the parent previously shied away from the material support of their children, then it will be possible to hold all payments for a maximum period of three years. The stop paying child support for two children according to their attainment of 18 years of age, and a new marriage in this period of growing up of children does not negate the maintenance of the relationship.
Despite the fact that in Russia, the amount of child support for two children is minimal, the situation with the Dodgers is poor. According in 2016, was composed of 864 thousand writs for the payment of alimony. Debt is more than 100 billion rubles.
At the moment the proposal made for the removal of a single housing in favor of debt repayment of alimony. Also deputies initiated the proposal on creation of a Maintenance Fund. In other words, the parents, pending the timely payment of child support for two children should receive funds to children as set by the Executive sheet, but from the Fund, and the state in turn would replenish the Fund, exacting sums from debtors. This will save parents from constant expectations of finding a spouse or expectations to improve its financial situation. Ushers will remind the debtor to pay the money not the children, and Alimony Fund.
Unfortunately, the situation with repayment of debts for alimony in Russia leaves much to be desired. Therefore enacted strict measures against unfair parent. Malicious evasion may result in criminal punishment of the parent. The law provides for several types of liability.
There are objective reasons and circumstances on which the husband could not pay. But, if he declares such reasons and does not confirm their documented, therefore it is time the representative of the interests of children to go to court. This mother wrote a statement to the court about the violation and failure to pay child support, and then interact with police officers.
This measure is always sensitive to any giving account for its actions to the parent. And moral-psychological factors probably is the most extreme measure, rather than criminal liability. But to achieve this court ruling is extremely difficult, from the point of view of collecting all evidence about neglect by the parent left-behind children.
In turn, the court relies on the presumption of innocence, i.e. the person is not guilty until it can prove. If the parent doesn't have extenuating circumstances, failure to pay child support, it can deprive of the parental rights.
That receives a second parent with dependent children?
The Main aspect of this judgment is that the noncustodial spouse continues to bear the obligation to pay alimony.
The Facts that will play in favor of termination of parental rights:
The Decision on deprivation of parental rights is not limited in duration, and the parent can try to restore their rights, but for this he will need to pay all the debts for alimony and to do their moral character. However, the process will become irreversible from the moment of adoption of children by a new spouse. If a new father or mother voluntarily adopt children of their spouse, then alimony collection deprived of parental rights be terminated.
The Family Code of the Russian Federation regulating civil property relations within the family, involves the forced payment of child support for two children, however, require the guardian reporting on the use of money for children in accordance with the regulations is impossible. However, the monitoring of compliance with the expenditure of alimony to be signing at the notary an additional agreement between the parents. This practice occurs when a high amount of child support for two children. The statements represent all financial transactions, receipts, receipts kindergarten, school or medical fees.
According to the decision of the court and the guardianship possible to change the method of payment of child support, opening Bank account and sending to 50 per cent of the amount of child support for two children. This practice applies if the income of both parents is sufficient, and if the guardian was seen in misuse of funds. Accordingly, the payer of the alimony must prove the fact of embezzlement of statements about the expenses of the guardian. The parent left with two dependent children, may challenge the decision on the transfer of child support in an untouchable reserve, also provided his proof of income and proof of target use of child support.
Article in other languages:
AR: https://tostpost.com/ar/the-law/9601-the-minimum-size-of-the-alimony-on-two-children.html
BE: https://tostpost.com/be/zakon/17264-m-n-mal-ny-pamer-al-menta-na-dvuh-dzyacey.html
ES: https://tostpost.com/es/la-ley/17278-el-tama-o-m-nimo-de-manutenci-n-de-los-dos-hijos.html
HI: https://tostpost.com/hi/the-law/9610-the-minimum-size-of-the-alimony-on-two-children.html
JA: https://tostpost.com/ja/the-law/9609-alimony.html
KK: https://tostpost.com/kk/za/17259-e-t-meng-m-lsher-aliment-ek-bala-a.html
PL: https://tostpost.com/pl/prawo/17237-minimalna-wysoko-aliment-w-na-dwoje-dzieci.html
TR: https://tostpost.com/tr/hukuk/17270-minimum-boyut-nafaka-iki-ocuk.html
UK: https://tostpost.com/uk/zakon/17251-m-n-mal-niy-rozm-r-al-ment-v-na-dvoh-d-tey.html
Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
Related News
State environmental supervision is an activity of special bodies. It is aimed to check compliance with the requirements of the legislation in the field of nature protection. We next consider in detail how public environmental over...
Pensions: the order of calculation and rules
critical for older people is pensions. Now have to figure out how expect put on the law the size of state support of the population, to whom it is issued and that this will require. The pension reform entailed certain changes. The...
The chipping of people in Russia up to 2025 - a myth or truth?
Modern society receives a quality education, extensive communication systems and global information resources. However, the formation and cultivation of various myths and conspiracy theories today are not uncommon. The chipping of...
How to find a social security number on the passport through the Internet?
Along with all the end of the XX century in the Russian state reforms, the government gradually began to try to establish a personalized account. First, of course, were the sneaks, try to assign your individual tax number, not onl...
power of Attorney free form — the document granting the right of representation of one person by another to third parties (item 1 of article 182 of the civil code). With the right filling it can be decorated by hand.Types an...
Sample lease agreement of equipment with an individual is used quite regularly. What you need to know that he satisfied the parties, and comply with the law without causing difficulties in relations with regulatory authorities?the...
Comments (0)
This article has no comment, be the first!