Two participate in the birth of the child: mother and father. Two of them make the decision to give life to the new person and thus assume liability to grow up the child, providing it to all necessary for this purpose. And, how there were relations between parents further, obligations in the attitude towards children remain throughout all life. Unfortunately, often after divorce children as lose not only love and care of the second parent, but also his material security with a chipped washing-tub lose. Also it turns out because alimentary obligations are not established in general, or the parent living separately does not pay them. The main justification the phrase "sounds why I have to pay she (he)?" also understand as it to "she (he") the former spouses, forgetting that alimentary obligations are established concerning children.
What is the alimony
Alimony is liabilities between members of one family who are paid extended time. The alimony cannot be presented, bequeathed or still somehow to transfer the rights for them to the third parties. The alimony is gratuitous payment as the people having related communication within one family are obliged to support each other. Divorce of parents does not exempt them from liability for the future and welfare of children in the period of a growing, and also during training in any educational institutions. Has the right to the alimony and the woman if she is pregnant or the been born child did not reach age of three years. After achievement of majority children are obliged to support the disabled parents.
I want to focus attention of readers of InfoAdvisor.net on payment of the alimony on children as they cannot resolve this issue independently.
As the alimony is long paid
Alimony on the maintenance of children is paid monthly before achievement by the child of majority, that is age of 18 years if the child did not undergo procedure of emancipation. When training the child in educational institution (the highest or average) the term of payment of the alimony can be prolonged for the entire period of training.
Voluntary agreement on payment
Usually the maintenance of children is provided with parents voluntary, but sometimes there are situations in which it is required to raise from the parent the necessary sum of money forcibly. The alimony can be collected not only after divorce, but also during marriage if one of spouses evades from maintenance costs of family members or lives separately.
Spouses can agree among themselves about an order of payment of the alimony in an oral or written form. It is possible between the people realizing the responsibility before children and with each other even after divorce.
The written agreement (settlement agreement) is formed spouses (real or former) is independent or by means of the lawyer, the order and the sums of payment on the maintenance of children then it is certified notarially register in it. If such agreement strikes at the rights of the child, it is possible to appeal against it in court. By drawing up the agreement independently it is necessary to remember that it should not contain a condition the rights of the recipient and payer of the alimony contradicting the legislation and striking. In this case payment of the alimony is made independently by the person who assumed alimentary obligations or by him is submitted the works corresponding the application in accounts department in a place with a request to make deductions and transfers into account of the recipient.
Collecting the alimony through court
The most widespread way of collecting the alimony is a judgment on the basis of which the organization employer of the alimentoobyazanny person makes monthly deduction and transfers to the account of the recipient.
For an appeal to the court for collecting the alimony on the child it is necessary to make the statement of claim to which the following documents are put: a photocopy of the passport of the applicant with a mark about registration; the copy of the birth certificate of the child concerning which the statement of claim is made; copy (or conclusion) marriage; the certificate of structure of a family from passport and visa service (for confirmation of the fact of cohabitation of the child with the claimant). After collecting all documents the state duty is paid and also put to the statement.
If you know location and a place of work of the spouse on whom moves, it is possible to make request about the size of its salary in advance and to enclose the received reference to the application, otherwise this inquiry will be made by judicial authorities.
The claim for collecting the alimony can be considered in absence of the respondent, the last is informed of a judgment by the mail notification, and also goes in a place of its work.
Appeal to the court about establishment of alimentary obligations possibly only in the absence of the agreement. If it was concluded by the parties, the appeal to the court can be with the claim for recognition of the agreement invalid and establishment of the new size and an order of payment of the alimony.
If the spouse cannot pay
When the spouse is not able to pay for alimentary obligations (or not opportunities to make him the claim), there are obligations of the second turn, that is requirements can be imposed to his parents, the grandmother or the child's grandfather, except them the brothers and sisters, grandsons, stepsons and stepdaughters, persons who are on the actual education get to the second turn of the alimony obliged on payment.
Besides, recently the policy of the state is directed on fight against defaulters of the alimony and in cases when the location of the person who does not pay according to alimentary obligations cannot be defined, payment of the alimony is made by government bodies with the subsequent collecting these sums from the alimentoobyazanny citizen.
Sizes of the alimony
According to the family code the sizes of the alimony are defined on the maintenance of children or in the share relation to the income, or in a firm sum of money. The share principle as the court has no opportunity to consider all income from which alimentary payments can be made is most often applied. When determining shares are guided by the following principles: on one child – one fourth, on two children – one third, on three and more – a half of all income of the parent paying the alimony. The size of shares is also influenced by marital and financial position of the respondent.
In all other cases the sizes of the alimony are determined by court by circumstances of each concrete business, but also can be determined in shares or the firm sums.
In some cases the sizes of the alimony are established in the firm sum together with a share from the income.
One more important point – for alimentary obligations exists , that is time during which the alimony can be collected backdating and it makes three years. Thus, if you did not appeal to court concerning payment of the alimony at once, it can be made in any other time before achievement of 18 years by the child. Having proved to court that the second parent evaded from payment of the alimony on the child, the decision on collecting a sum of money the previous three years prior to date of submission of the claim in court can be made.
From what income the alimony is paid
According to the resolution of the Government of the Russian Federation of July 18, 1996 No. 841 is defined the list of the income from which alimentary payments are made. Practically all income of the citizen, whether it be a salary, an award, holiday or other charges, pensions, grants, the fees concern to them (single or constant). The complete list consists of 28 points with explanations and additions, at desire it is possible to find and read the resolution No. 841 (and the changes made to it the resolution of the Government of the Russian Federation of August 15, 2008 No. 613) therefore I will not trouble the reader of InfoAdvisor.net this information. I want to pay only attention that assignment on the alimony is made after deduction from the income of the taxes determined by the tax law.