how to apply for child support


  • The voluntary assistance to the child or alimony agreement
  • Alimony by the court, their size and order of submission of the application
  • The nuances associated with the appointment of child support and payments
  • Liability under the law for failing to pay child support

Unfortunately, the preservation of the family in the modern world is no longer a priority for many couples who have entered into marriage. Increasingly yesterday happy husband and wife after several years of estrangement look at each other, waiting for the subpoenas, which examines their application for divorce. Subsequently, many former spouses scandal divide property and children together.

The desire to build a career, take their rightful position in society, the pursuit of material things back down to the secondary status of the family plan. From a fairly high divorce rate, especially in the first years after the marriage. And if the former husband and wife have children together, in most cases sharply raises questions about how to file for child support, and where, to this end should be treated.

The majority of the parents left after the departure of the family of one spouse alone bring the child to feel insecurity related to financial problems. The vast majority of this burden falls on the shoulders of his ex-wife, but sometimes in this situation turns out to be her husband. However, regardless of the difficulties and hardships, the children should not feel left out after a divorce. After the disintegration of the family itself it is difficult to perceive a small man, and if it is accompanied by another cardinal, and the change of the usual life conditions, you may need a psychologist.

The voluntary assistance to the child or alimony agreement

Before lifting during divorce proceedings the issue of child support and serve relevant action, it is desirable to determine the order, whether it is to do. Is there a need to carry a statement to the court or the issue can be settled in some other way? Sometimes it is quite constructive conversation between the former spouses to one of them, usually the husband, clearly expressed its position: "Whatever it was, but after her divorce from participation in the life of a son (daughter), I do not refuse, and I will help you financially! "

The best option in this situation is self-decision on alimony agreement. It can be concluded after the official dissolution of the marriage and before the appropriate action will be considered in court. In any case, parents need to discuss all terms of the agreement, which must be addressed to the notary. This voluntary agreement must specify the amount, timing and form of transmission of the monthly sum of money that the former husband or wife (if it is not the legal guardian of children together) undertake to pay.

Lawyers are strongly advised to either side "not to play in the nobility," and even in the preservation of good relations with each other after the divorce is still to go to the notary. After all, who knows what might happen in the future and how to behave in the ex-husband or wife? Therefore, we must take action legally correct and execute the necessary documents, so you do not unforeseen situations.

Incidentally, this method of settlement of material issues and offer counsel before submitting a petition to the court, in fact, seems to be much easier by relaxing the dialogue of two people for a long time lived together, solve the issue of financial assistance related to the content of a child in common? But what if the former husband and wife can not agree and come to a mutual compromise?

Then it is necessary to determine the specific sequence of actions to the one with whom, by the court, is to live a minor child (ren), and find out how to apply for child support. Where to go to get legal help or advice? How to make a claim? Where and who will be considered the relevant application? It is often only with the help of the authorities can be made unreliable parent carry at least minimum liability for a son or daughter has not yet reached the age of majority.

 to file for child support

Alimony by the court, their size and order of submission of the application

Alimony is translated from Latin means "the content, the power." In the modern sense of that word implies the payment of cash benefits for the financial security of the child, a spouse or elderly parents. But in this article focuses on the responsibility for minor children whose father or mother has grown in single-parent family.

So, where to go, for example, a woman faced with the necessity of following a divorce or before its official registration alone raise a child? What actions should be taken to ensure that the ex-husband provided her posited help? It is necessary to go to court and file a claim or application for payment of alimony. Make it could only family members who are entitled to it, or their legal representatives: the guardianship, the administration of the institution where the child is brought up, and so on.

Let's see what documents need to gather to visit the court, where it is necessary to carry the appropriate application, completed efficiently. After knowing the algorithm of action to sue for alimony will be much easier. In addition, timely access to the necessary authority will quickly get relying on the contents of the law. So you need to have on hand the following documents:

  • statement of earnings of the plaintiff and the defendant;
  • an extract from the house of the plaintiff and the defendant;
  • the very statement of claim signed by the plaintiff;
  • originals and copies of certificates of birth and marriage registration.

The application must be submitted in three copies, one of which remains in the hands of the plaintiff and the other two shall be in a legal office. In addition, it must be properly made and contain the name of the court to which it is applied, passport details of the plaintiff and defendant. In the main text of the document is necessary to state the circumstances giving rise to the recovery of maintenance, such as: name and date of birth, his place of residence, the period from which one of the parents does not provide financial assistance.

The claim or statement on alimony payments can apply for residence as the defendant and the plaintiff. On the size of the monthly allowance provided for by the legislation, levied on the income of a parent, affect the living conditions of the child in the family, financial status of the payer, as well as the presence of his minor children and other disabled relatives. Given all these circumstances, the court satisfied the claim and can set the size of the alimony paid in the following proportion:

  • in the amount of twenty-five per cent of the salary for one child;
  • in the amount of thirty-three per cent of the salary for two children;
  • in the amount of fifty percent of the earnings in the presence of three or more underage offspring.

It is the content of the current legislation provides for our country. If the ex-husband (wife) prepared an irregular income, the court satisfies the claim and assigns individual amount intended for the maintenance of minor children. As you can see, the law does not leave loopholes for unscrupulous parents, because the child can not suffer through the fault of adults. Even if the husband and wife was only in a civil marriage, ie cohabiting but have children together, you can make payments on-help. In this case, sometimes it is necessary to establish paternity and serve this purpose an application to the court.

The nuances associated with the appointment of child support and payments

The awarding of alimony shall be appointed from the moment received a statement from the plaintiff and provided all the required documents. Often ex-wife (husband) is interested in the question of how to file for child support if the divorce took place after a long time. This can be done only for a period not exceeding three years. The court establishes the facts of previous calls to the earlier, from which he evaded. But if the defendant used a long search measures, the plaintiff is entitled to rely on the recovery of maintenance for all this time.

Content provided by law, relies only on the unborn child who has not attained the age of eighteen. If the son or daughter have become adults, you qualify for any monetary compensation may be payable solely as alimony. So do not delay an appeal to the relevant authorities, especially if there is an urgent need.

The order for alimony, who is also the basis for the work of the executive service, the magistrate shall, within five days from the moment when the court was filed the appropriate application from the state duty the plaintiff is released. If the payer's place of residence is unknown, the internal affairs bodies must declare him wanted to establish where he moved and where it can be. Quite often, the court treated the mother who have not attained the age of majority. Here the answer has attracted those responsible for them (parents, guardians, and others). This scheme is applicable to the action if the action is brought to minors fathers, unmarried.

The amount of the maintenance may be reduced or increased in response to changing circumstances. These include, for example, is the appearance of the defendant another child in the new family. The court has no right to take into account when assigning the amount of premiums, benefits and payments, wearing a one-time, that is irregular. Recovery of maintenance from wages only after payment of all other taxes. Also, the court may set a fixed size of the appointed allowance if the payer does not work officially, it has unstable employment or receives an irregular income, and if income is given, at least in part, in foreign currency.

The size of the payment is determined in such a way to preserve the child to the previous level of his life. Taken into account the material and family situation of both parties and a number of other factors. Thus, if the defendant hiding their real incomes, it does not work, but owns property, car, land allotment, and so on, it is the cost of the property, and the court shall determine the amount of monthly child support to meet the plaintiff.

Sometimes it happens so that it served a claim for alimony, which is seen for a month. At the same time the applicant and the minor child is in dire need of financial assistance, so the court has the right to make an appropriate decision on the appointment of temporary detention until the dispute is finally resolved. Usually sufficient oral request of an interested party, claimed during the hearing. If the claim is satisfied so that the designated child support as a result of exceeding the time of payment, the defendant relies to compensate for the difference has arisen. But the court did not oblige the applicant to return the surplus generated in the reverse situation.

Some parents who divorce after raising children themselves, are interested in the question of how to file for child support if the defendant does not work anywhere. Is there any sense to write the relevant application? Of course, yes. After all, if the claim is satisfied, then you will be able to recover the accumulated debt from any income of the defendant, without regard to its age and how many years will turn your child.

 how to apply for child support

Liability under the law for failing to pay child support

Failure to pay child support that has established and appointed the court is satisfied that the claim is not valid for this in the Family Code of the Russian Federation there are different methods of influence on debtors. If you speak the language of legal terms, the ex-husband (wife), who is obliged to transfer to the second spouse specified in the relevant decision of the funds for the maintenance of a common child (children), but does not fall within either under civil liability, or a criminal.

In the first case we are talking about the formation of alimony arrears amounts due to the fault of the defendant. The most "light" measure of influence on the part of the executive bodies may be fine. For more severe methods of punishment should include seizure unfair parent. As a rule, the threat of such a step it stimulates comply with the decision of the court, and soon.

Arrest of property is imposed after the defendant has been made aware of existing debt, deliberately missed the period of time given on its repayment, but the funds have not arrived to the plaintiff. In this case, his costs will increase by one-half percent of the total amount of overdue child support for each day of evasion. Since debt is usually formed over a long period of time, the ex-husband (wife) may be faced with the need to repay a rather impressive amount.

Often payers provide proof of employment, which indicate their minimum wage, but in reality wages much more. Such cases are difficult to prove, but if the court finds knowingly giving false information, the punishment can serve as a fine, which will be up to one hundred times the minimum wage. Another effective measure applied to the debtor is to limit their movement, they may be denied a visa or delay at passport control at the border.

It should be noted that the law protects and of the defendant. This applies to cases where alimony debt was formed due to the fault of the company or the company where he works, due to late payment. Sometimes such unpleasant consequences and can cause delays in the transfer of funds by banks. If the debt was incurred for these or other similar reasons, that is, without the participation of the defendant, it is exempt from administrative liability. In this case, you must file a claim for the recovery of overdue alimony sums to those really guilty of delay of timely payment. However, on a penalty in this case, the applicant can not claim.

But even if these methods of influence not help, ex-husband (wife), systematically avoid paying child support, can incur liability under Article 157 of the Criminal Code of the country. Experts advise not to bring the situation to such an unpleasant denouement to a lifetime not to tarnish his biography convictions.

What is meant by evasion of maintenance obligations? As a rule, this is a direct repudiation of the designated court decision funds and concealing the defendant of its real income, and a change of work or residence to avoid penalties under the writ of execution. In addition, there is also such a thing as a willful refusal to pay alimony. There is already talking about the repetition of such acts by the defendant, the need to apply in relation to him search activities, its disregard for all sorts of warnings from the control services, and so on.

In this case, the law provides for a sentence of compulsory work. Their duration varies from one hundred twenty to one hundred eighty hours. By dodgers alimony, the court is able to apply and arrest up to three months, as well as correctional labor for one year. The question of the initiation of the criminal proceedings is the responsibility of the bailiff service.

So you should pay attention to the obligations in relation to their children, to take an active part in their education and in a timely manner to provide material assistance to the son or daughter does not raise questions about what happened to Dad, which is now a mom and why he (she) is more of them does not like? After all, children are very attached to both parents, and to understand the complex relationships of adults they can be difficult.

If your ex-husband voluntarily provides financial assistance to not give up on her, going on about the burning desire to hurt him as painfully as possible.