The speech in this article will go about a special form of collecting the alimony to minor children which is regulated by the current legislation. Many citizens know that at divorce one of the parties is obliged to support financially the children who remained by a court decision or in a voluntary order with mother or the father. The amount of such payments is determined by the law and, according to the Family Code, makes from 25% to 50% of the monthly income depending on number of minor members of the left family. However everywhere there are situations when the person paying the alimony formally is an unemployed or has the changeable income which is difficult for tracing. Besides, such parent can gain income abroad, and also in the form of natural products or dividends. In this case the law provided a collecting format "the alimony in a firm sum of money", that is not the dependent on the income fixed help to minor children. It should be noted that such alimony can be also collected from citizens who adopted the child in due time, but then for any reasons was deprived of the parental rights.
Remember some important nuances
To receive the alimony in a firm sum of money, it is necessary to appeal to court with the corresponding statement of claim in which to specify the convincing reasons that it appointed collecting the alimony in a similar form. As arguments any documents confirming inadequacy of alimentary charges to real earnings of the respondent and to charges of the child can be used. It is at the same time possible to petition for the invitation to court sessions of the witnesses capable to confirm existence at the respondent of the hidden or difficult defined income sources. And, at last, it is worth most being prepared properly for participation in judicial debate, having made the plan of questions to the respondent which will help to define a real situation. In a word, it is necessary to carry out serious work, having prepared proofs which will be able to convince the judge of need of definition of such measure of material protection of the left family.
We draw conclusions …
Apparently from the aforesaid, similar judicial proceedings in most cases require the qualified lawyer on stains, capable to collect effective evidential base for adoption of the positive decision by court. By the way, the size of the alimony in a firm sum of money, according to item 2 of Art. 83 of the Family Code of the Russian Federation, also defines court, proceeding from the real requirements and opportunities connected with the maintenance of a concrete family. For obvious reasons the size of the fixed sum is a sign priority for the claimant and the respondent. Thus the judge tries to consider all details – financial position of both parties, objectivity of the evidence produced by the claimant, existence of such factors as disability, disability, stay under court. The alimony in a firm sum of money is collected only by a court decision in the order established by the law as the injunction in this case does not work.
So without the assistance of the skilled lawyer even taking into account that the court always sides with minors, completely children to protect the interests hardly it will turn out. At the initial stage of preparation for trial, participants the free legal consultation offered by lawyers and lawyers from the site www.gos-ur.ru who specialize in similar legal questions can help.