Often the other parent refuses to pay child support due to lack of earnings. Often the lawyers turn to the question whether this behavior and what can be done to obtain funds for the maintenance of the child.
Let's Start with a fundamental question. To clarify the situation, one must look to the Judicial Code of the Russian Federation. Article 80 clearly stipulates that parents must support their minor children regardless of their financial situation. The level of income does not affect the performance of this duty. Therefore, alimony for children if the father does not work, should be paid. Regardless of whether employed or not, it needs to transfer funds to the maintenance of her child.
The Collection of child support - is not the basic procedure. It is not so simple. Methods of charging and the amount will depend on the order in which the status remains unemployed. It will also affect how easy or difficult it will be to collect child support. Not having a steady income can be for various reasons, and this will be considered at the trial. Let's start with the “simple” of cases.
In this case, it is considered that a person has a steady income because he receives social assistance. Paid government benefits will be deducted the agreed amount in child support. The size of social assistance, as a rule, small. Accordingly, the amount of child support will have a negligible size. It will continue until the moment of formal employment.
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Each time you employment at the place of work will be sent to a writ of execution. Accounting will be made of relevant deductions. In the period when the person does not work, will accumulate a debt of alimony that will be paid in employment. At this time, if the citizen falls into unemployment, the money deducted from the allowance.
Alimony will be deducted from monthly received money if he is declared fit to work.
Child support if the dad does not work for this reason, recover is problematic. At first glance, everything is simple and does not differ from the preceding paragraph. If the pension exceeds the living wage, it shouldn't be a problem. If it is much lower, then the plaintiff will have to sweat to prove in court that the child needs the money. It is not excluded that to pay child support will the state. Or the defendant will charge the minimum amount.
As a rule, in this case, the decision about tracking income. Based on the data, will set the amount of child support and frequency of payments.
In most cases, unscrupulous parents declare that they have no money to pay child support. And it's quite hard case, as to recover debt due to the lack of income is problematic. However, the law firmly says that the parent should support the child. Therefore we will use the following mechanism: the amount of alimony is calculated from the average wage in Russia. Pay people should be on 1 child – 25%, 2 – 33%, 3 and more – 50%. Or the court compels a monthly contribution of a certain amount. Until parent get a job, the debt will accumulate. If payments will not be forthcoming, the bailiffs can seize the property.
In this case you need to prove it. Then he and I can figure it out for illegal business activities and tax evasion, and then another, and will have to pay the debt of alimony.
We Often hear the opinion that it would be convenient if child support if the father is not working, was some standard amount, for example, 2,000 rubles. But such a system did not take into account all the nuances listed above. And hardly could fully satisfy the interests of both the plaintiff and the defendant. Therefore, the decision on the amount of payments acceptable to the court.
There are two ways of calculating child support: equity and fixed sum. They are applicable equally to running and to not have a steady income citizens. You should consider each of these in more detail and find out their positive and negative sides.
The Most common and understandable for most people, the method of calculation. The parent must pay child support a certain percentage of their income, regardless of their availability, size, etc., is widely considered to be the followingratio: 1 child citizen must pay ¼ of income for 2 children-1/3, 3 or more - ½. Child support if the dad does not work, calculated on the basis of the average wage. For example, if it is equal to 30,000 rubles, for 1 child will be charged 7500 for 2 – 10000, 3 – 15000. In some cases, may decrease or increase the size of the shares (minimum – 1/6 of income), but the need for such changes you need to prove in court.
Pros: fairly intuitive method of calculation. As long as the citizen will not find a job, accumulated debt, which will be paid from salary. If you do not find the expense of the property. In the Outback, this method is particularly advantageous, because the amount of alimony is often equal small salary.
Cons: as soon as the parent stand on the register of unemployment, the amount of child support will be calculated based on the amount of the benefit. Social assistance usually barely covers the cost of living.
The Essence of these payments is that the parent has a monthly contribution of any particular amount. Its size is determined by the court. The alimony payments are indexed quarterly based on changes in the subsistence minimum. Consider the sample. Child support is paid in fixed amounts. The citizen is obliged to pay monthly, for example, 5000 rubles. For example, if the cost of living for children was 10000 RUB, and then it equated to was 11000 RUB., alimony also index by ratio of 1.1 and will be 5500.
Pros: regardless of income, list needs the same amount. If a person will receive benefits, the child support will not decrease.
Cons: if the citizen will get a paying job, the amount of child support will remain the same.
The money be Transferred must mutually convenient way. The most common:
Next question: “How to pay child support?” the Parent is obliged to maintain their minor children. Therefore, when the child reaches 18 years of age to end all obligations. The view that should be paid for child support if the child is studying at University – wrongly.
There are a number of exceptions. Thus, child support could end earlier if the child will announce capacity before achievement of 18 years. The reason for this may be the marriage or the beginning of employment.
Alimony paid longer if the child has a disability, and his income is lower than the subsistence minimum.
If the second parent does not pay child support voluntarily, then you need to apply to the court bailiffs. They will collect them forcibly. The law provides for the following:
The Last 2 points are used in practice rarely. They are used to hard-core evaders.
The Parent must pay child support for a minor child. It does not depend on whether it works or not. If the calculation is not made voluntarily, then you need to file a claim. Child support will be unenforceable.
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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."
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