Child support: the essence of the concept and features of legal regulation

The key responsibility of parents is raising their children. Of course, this process is impossible without financial content. This rule has long been strengthened in the minds of Russian citizens and, in addition, is written down in the Family Code of the Russian Federation.

In some cases, the parents of minors dissolve the marriage, and the children are left to live with only one of them. This fact does not mean that the second parent has the right to stop financial support for their children. In this case, according to the law, child support is paid. The process has many subtleties and pitfalls that should be understood. Let's look at them in more detail.

What are alimony payments?

Alimony refers to material payments that, in accordance with the law, are received by disabled family members.
Most often, such monetary compensation is awarded from one of the parents to a minor child or who has reached the age of eighteen, but for some reason remains unable to work (disability, etc.). In addition, alimony may also be awarded to other family members who are unable to provide for themselves. The legislative framework establishes the procedure for paying financial assistance, the amount, possible forms, the procedure for assigning and collecting them.

Procedure for calculating alimony

The method of crediting alimony is determined based on the agreement between the parties of the sender and the beneficiary of the funds. Money can be transferred according to the following scheme:

• on the basis of a payment order, the payer’s employer transfers funds monthly to the recipient’s bank account;
• the payer himself makes deductions to the beneficiary's account/card;
• the payer carries out the transaction using postal or electronic transfer;
• funds can be transferred to a specially opened deposit account, etc.

Useful information for many mothers on how to get maternity benefits if you don’t work. Important information for pregnant women is, of course, information about the period for payment of benefits. Find out them in our article!

You will find out how much pension a former civil servant can expect here!

Who should pay child support?

The payer of alimony may be:

• a parent who has left the marriage and does not live with his child;
• one of the able-bodied members of the marriage, if the other has temporarily or completely lost the ability to work (serious illness, disability, etc.);
• a parent who refuses to voluntarily support his children (being married or leaving it).

It is important to understand that in order to obtain child support you need a serious evidence base. That is, facts confirming that one of the parents is not fulfilling his responsibilities.

In some cases, financial assistance is paid voluntarily, then it makes sense to enter into an alimony agreement regulating the frequency of financial payments, the amount and other nuances.

Until what age is child support paid?

The Family Code of the Russian Federation prescribes the fulfillment of child support obligations by parents who do not live with their children until they turn 18 years of age.
In addition, Art. 85 of the RF IC declares the obligations of parents to support their adult disabled children. We are talking about those cases when a child has an established disability of groups I-III. In such situations, monthly contributions continue after the children reach their 18th birthday.

Who is entitled to receive alimony?

You should also know who can be the recipient of alimony. In accordance with chapters 13-14 of the Russian IC, the following have the right to financial support:

• children under the age of majority, in relation to whom parents do not fulfill their maintenance obligation;
• children who have reached adulthood but are unable to work;
• one of the spouses caring for a common adult or minor child who is a group I disabled person;
• one of the former spouses caring for their common disabled child.

One of the members of the marriage union who has lost the ability to work also has the right to alimony. In addition, a former spouse in need of care may receive financial assistance.

It is noteworthy that the procedure for calculating and collecting payments for each of the described groups is different.

Liability for non-payment

If you ignore the obligation to pay alimony, the payer may be held liable, which will entail the following consequences:

1. Frequent visits and not very pleasant communication with bailiffs acting on a writ of execution in accordance with a court decision.
2. Accrual of penalties and fines.
3. Imposing a ban on crossing the state border until the debt is fully repaid or an agreement is reached. In this case, the restriction is implemented in an amount of 10 thousand rubles. This usually happens after two months from the date of opening of enforcement proceedings.
4. Sale of property. Bailiffs have the right to confiscate property belonging to the debtor for its sale at public auction in order to pay off the debt to the recipient of alimony using the proceeds.
5. If a citizen is recognized as a willful defaulter, a case may be initiated against him under Article 157 of the Criminal Code of the Russian Federation, according to which the violator may be sentenced to compulsory labor for up to 180 hours, correctional labor for up to 12 months, or arrest for up to 3 months.

Therefore, if problems arise with money, it is not recommended to remain silent and ignore the obligation to pay alimony. It is better to go to court with a request to review the amount of payments.

Alimony outside marriage

Today, it is quite common for a couple to live together, having common children, but not enter into a marriage. Regardless of this form of marriage, citizens who have not registered a marriage develop rights and responsibilities to each other, as well as to the child.

If there is a need to pay child support for a child born out of wedlock, then the law requires a procedure to establish paternity. Thus, the birth certificate of an illegitimate child may initially contain information about the father (with the consent of the citizen).

Otherwise, in order to order alimony payments, paternity will need to be established in court, and for this you will have to worry about providing serious evidence. One of the methods is medical genetic testing.

As for the size and form of future payment, these parameters do not change, regardless of whether the parents were married or not. It is worth noting that it is not necessary to pay alimony through the court. With mutual consent, common-law spouses, like official ones, can enter into a notarial agreement. The agreement specifies all the nuances of future payments: frequency, size, form, method of payment, etc.

Alimony for an adopted child

Payment of child support for an adopted child is made when the adoptive parents acquire their status through the court.
Also, payments are established when the father is deprived of parental rights, and the mother gets married, and according to documents, another man becomes the father of a minor. The amount of child support here is set as standard, as for other children. If a child is placed in state custody and the parents are deprived of their rights, this is not grounds for canceling child support obligations, and they will be required to remit the money until adoption or adulthood.

You can find out about the calculation of alimony, its amount and the procedure for applying to the court for alimony for an adopted child in a detailed article

According to Art. 120 of the RF IC, alimony obligations terminate upon the adoption of a child, but they will have to be canceled through the court when they have already been established.

Alimony in marriage

Russian legislation does not prohibit receiving such payments without initiating divorce proceedings; the appointment of alimony in marriage is possible in the following situations:

• disability of one of the spouses
• the presence of a minor child and the parent’s avoidance of participation in upbringing – especially in the material part of the process

Let us note that the presence of any kind of addictions, destructive habits or low income in one of the spouses is not a basis for exempting him from alimony. Concealing income is also a legal reason to enter into a notarial agreement (by mutual consent), or by contacting the judicial authorities at the place of residence.

Alimony agreement

If the child’s parents come to a mutual agreement on the issue of maintaining a minor, the Family Code of the Russian Federation provides for the opportunity to secure this notarially by drawing up a written agreement on child support obligations. An important condition is that alimony in this case cannot be less than the minimum amount of alimony.

Mandatory components of such an agreement will be the amount of payments, as well as their frequency. The amount of payments will depend primarily on the number of minors who remain in the care of the mother or father. In an alimony agreement, the amount cannot be less than it would have been if the court had applied to impose alimony obligations. That is, it cannot be less than the minimum amount of alimony.

A prerequisite for the legality of such an agreement is to have it certified by a notary. Experts recommend drawing up a preliminary agreement in which the parties discuss all the nuances of payments, and then make an appointment with a notary, who will not only certify the agreement, but also draw up a legally competent document.

If the alimony agreement is not certified by a notary, then legally it does not exist, and subsequently cannot be accepted by the court as evidence of non-payment of alimony (for example, in a claim for deprivation of one of the spouses of parental rights).

If the mother or father fails to comply with the terms of the agreement, the parent in whose favor the agreement was drawn up has the right to apply to the bailiffs to initiate enforcement proceedings. The original agreement must be attached to the application.

An agreement can be drawn up not only in the event of divorce, but also when spouses live together but maintain a separate household or, for example, one of the spouses does not work. In this case, the amount of alimony for one child or the amount of alimony for two children, or for a larger number of children, is determined by mutual agreement.

Options for calculating alimony

Before filing a claim for alimony, or concluding a notarial alimony agreement, it is worth deciding on the form of payments. The law defines 2 options for calculating monetary compensation - in the form of a percentage of earnings, or in a fixed sum of money. It is quite difficult to determine which option will be more profitable; it all depends on the relationship between the parents, the level of income subject to alimony and a number of other reasons.

As a percentage of income

According to the law, child support for a child under the age of majority is most often assigned as a percentage of the total income of one of the parents. It does not matter whether the parties are married, divorced or in an unregistered relationship.

Article 81 of the IC of Russia sets the amounts for alimony in percentages. The monthly payment indicators are as follows:

• For one child – 25% of the total income;
• For two children - 33% of the total income;
• For three or more children – 50% of the total income.

It is noteworthy that the court has the right to assign a smaller amount of payments if there are compelling reasons for this (financial difficulties, disability, birth of a child in another marriage, etc.).

In a fixed amount of money

In some cases, alimony payments are made in hard cash. This option is acceptable if:

• the payer has irregular/frequently changing income;
• the payer has no official income;
• the payer receives income in foreign currency or in kind;
• it is difficult for the court to assign payments in percentage shares;
• Paying alimony as a percentage infringes on the interests of a minor child.

Payment in hard terms means the accrual of a fixed amount of financial assistance. As a rule, this form of payment involves the transfer of funds that are multiples of the established subsistence level per child. At the beginning of 2018, the average cost of living is 9,396 rubles.

It is worth noting that when alimony is assigned to a child who has reached the age of eighteen but remains disabled, the only possible payment option is to accrue assistance in a hard equivalent.

It is important that the final amount of financial assistance received depends on the correct choice of method for calculating alimony. For example, when the income of one of the parents is high and characterized by stability, it is rational to assign payment in percentage terms. In order not to make a mistake with the method and size of payments, it is necessary to take into account all sources of profitability.

The amount of alimony from a non-working spouse. Minimum amount of alimony

The Russian state guards the interests of minors. Therefore, if a parent obligated by a court decision to pay alimony has no income, other conditions for assigning mandatory payments to the child (children) are determined by law. According to this procedure, the amount of child support is determined for one child, for two or more.

This also comes from the lack of understanding of a large number of fathers and mothers of the need to provide decent support for their children. They try in every possible way to escape the obligations imposed by the court decision on material support: they work without official employment or try in every possible way to hide official earnings, as an option, they constantly change jobs or do not work at all and live on their parents’ pension. Based on this, they are asking to reduce the amount of alimony.

Unfortunately, the average amount of alimony is not regulated by law, and there is no exact formula for calculating it, therefore, in civil proceedings, courts proceed from the actual circumstances of the case, determining the amount of alimony, which cannot be less than the minimum amount of alimony.

In order to determine the amount of alimony from a non-working spouse, the courts take as a basis the minimum wage established in Russia at the time of consideration of the civil case on alimony. Currently, the minimum wage in Russia is 7,500 rubles, based on this, depending on the number of children, the minimum amount of alimony can be calculated. The amount of child support for one child will be 1875 rubles. The amount of alimony for two children is 2500 rubles. The amount of alimony for three children and more than 3,750 rubles.

The defendant’s lack of income does not mean that his obligation to pay child support for minor children is relieved. In addition to using the method in which the minimum amount of alimony depends on the amount of the minimum wage, the court can use the second method. This means that the amount of child support for two children or one will be calculated based on the average salary in the country.

Types of alimony

Below is a list of the main types of alimony with links to relevant articles.

Child support

The Family Code imposes an obligation on parents to participate in raising children and supporting them, regardless of whether the family lives together or whether the husband and wife are divorced (Clause 1, Article 63, Article 80 of the RF IC). According to paragraphs. 1 - 2 tbsp. 80 SK, payment of child support by a parent who does not live with the offspring is mandatory .

After the child reaches the age of majority, the law cannot oblige the parent to provide financial assistance to the offspring, even if the latter is still studying. Alimony to students , students or simply unemployed persons over 18 years of age is possible only by the good will of the payer, that is, by agreement.

At the same time , needy adult but disabled children can count on alimony payments until they return to working capacity or for life (Article 85 of the RF IC).

According to the laws of the Russian Federation, adopted children are treated as natural children . Child support for an adopted child is paid in the same manner as if he were his own.

Amount of alimony

The amount of alimony can be set by the parties themselves, based on the interests of each of them (Clause 1 of Article 103 of the RF IC). Only if they cannot agree, the court acts as a regulator.

The minimum amount of alimony payments is established by law only for the maintenance of minor children. A court decision will require a parent to pay an amount equal to a quarter of their income if they are required to support one child; a third of the salary if there are two children, and half of the total total earnings if there are three (Clause 1 of Article 81 of the RF IC).

The agreement may establish a different amount of child support. However, it should not be less than if the payment were awarded by the court (Clause 2 of Article 103 of the RF IC).

For all other cases, the minimum amount of salary is not regulated by law. According to Art. 91, art. 98 of the IC and other provisions, it is influenced by the family and financial situation of the payer and recipient (the presence of young children and other dependents in each family, total family income, availability of work and other characteristics). The court will rely on these factors in each specific case.

Alimony for other relatives can be assigned as a percentage of income or as a fixed amount . The law gives preference to this method when collecting payments from spouses (Article 91 of the Family Code), other family members (Article 98 of the Family Code), and in some cases, minor children if the payer does not have a stable income (Article 81 of the Family Code).

Agreement on payment of alimony

When determining the procedure and amounts of alimony payments, preference is given to agreement . It can be achieved, and then the corresponding document can be signed without bureaucratic and judicial red tape, with less nerves and money.

The agreement is certified by a notary . After this, it acquires the force of a writ of execution (Article 100 of the RF IC).

The agreement is concluded between the parties or their representatives after reaching mutual agreement on all issues . The document must contain essential points regarding the payment of alimony: amount, frequency and form of payment, validity period, sanctions for delay, indexation (the latter is optional).

As a mutually voluntary document, the agreement can be adjusted or terminated with the consent of both parties, but not unilaterally (Article 101 of the RF IC). This is also done by a notary.

The clauses of the agreement must protect the interests of the alimony recipient and not contradict the law. Otherwise, the document may be declared invalid (Article 102 of the Criminal Code).

Collection of alimony

If the potential recipient and payer of alimony cannot come to a common opinion regarding monetary payments, alimony can be collected through the court at the request of the interested party (Article 106 of the RF IC).

A person who has grounds to demand financial support from a relative may wish to begin payments at any time when he considers it necessary or necessary. Alimony is collected from the day the application is submitted to the court (Article 107 of the Criminal Code).

Contrary to the prevailing prejudice, alimony for a child or spouse can be recovered not only after the termination of a marriage, but also during its existence or without its conclusion at all. The latter concerns payments for children and is relevant after paternity has been established. The collection procedure in this case is the same as after divorce.

Withholding of alimony amounts and transferring them to the recipient’s account is generally carried out by the administration or accounting department of the enterprise where the payer works (Article 109 of the Insurance Code).

The issue of collecting alimony under an agreement arises in the event of a delay or prolonged non-payment of money. All controversial issues are resolved by the parties in court after one of them files a claim.

Participation of parents in additional expenses for children

If, for some good reason, the expenses for the child have increased and exceeded the minimum level of support for which the basic amount of alimony is calculated, the custodial parent can obtain reimbursement of additional amounts (Article 86 of the RF IC). Such expenses can relate to both the past and the future.

To obtain compensation, you need to make adjustments to the alimony agreement or go to court with a corresponding statement of claim.

The amount of compensation for additional expenses depends on the amounts spent in the current emergency situation, as well as the financial situation of the payer.

Additional expenses include amounts spent on a child in the event of an emergency : injury, serious illness, the need to pay for a nurse or expensive medications.

Reimbursement of such amounts is provided for both minor children and adults who are disabled.

Responsibility for non-payment of alimony

Any arrears of child support must be paid. If alimony is ordered by the court, the payer is additionally obliged to compensate a fine of 0.5% for each day of delay and losses resulting from the debt (Article 115 of the RF IC).

When paying child support through an agreement, responsibility is assigned to the debtor in accordance with the clauses of the document (if provided for).

According to Art. 157 of the Criminal Code of the Russian Federation, criminal liability is provided for malicious failure to pay alimony. Fraudulent evasion includes concealing income and place of work, leaving in an unknown direction with the accumulation of debts on monthly alimony payments, and other actions. In order for the defaulter to be punished, the interested party goes to court.

Exemption from alimony payments

The law provides for the release of the payer from alimony payments in several cases. Firstly, if the financial or marital status of one of the parties has changed significantly. Secondly, if an adult but incompetent child recipient has committed an unworthy act or crime against a parent (Article 119 of the RF IC).

Alimony can be withdrawn from the payer if the court satisfies his claim to challenge paternity (Article 52 of the Family Code). Such a statement of claim can be filed by a father who, at the time of entering it into the children’s documents and the registry office book, did not suspect that he might not be a parent.

A man is exempt from paying alimony after separating from his common-law wife, who gave birth to a child during an unregistered marriage. This is only relevant if he is not included as the father in the child’s birth certificate and the registry office registration book. To establish paternity and assign alimony, the child’s mother has the right to sue (Article 49 of the RF IC).

Options for paying alimony

In accordance with the legislative framework of the Russian Federation, child support is paid voluntarily or by decision of the court. A more convenient way, of course, is voluntary payment under a notarial agreement.

Thus, the married couple or former spouses consciously and by mutual consent agree on the manner in which their parental obligations will be fulfilled. The agreements of citizens will be certified by a notary, after which the agreement becomes an official document, binding on the parties to the agreement.

In case of refusal of the points specified in the agreement (evasion of payment or receipt of alimony, for example), the document takes on the force of a writ of execution. That is, based on the agreement, one of the parties has the right to go to court and begin proceedings to pay child support.

When agreement on the issue of child support cannot be reached, alimony is awarded in court. As of 2021, the court provides for two types of procedure:

• simplified, implying receipt of a court order;
• ordinary, implying the filing of a claim for the collection of alimony.

The first type of procedure is applicable when there is information about the place of residence and work activity of a parent who does not fulfill the obligation to support children. The second type of procedure is resorted to in the event of an intractable dispute situation - if each of the disputing parties has its own opinion about the form and amount of alimony payments.

Payment methods

Naturally, the best option is voluntary payment of alimony.

If the obligee does not want to pay the money himself, then the only way out is to go to court.

It is also necessary to remember that if there is an appropriate agreement on the payment of alimony, there is no need to file a claim to make a decision, since the agreement is itself an executive document.

Amount of alimony payments in 2018

According to regulatory legal acts, the amount of alimony must be no lower than the level of child support provided for in the full performance of obligations by both parents. In addition, the baby must receive assistance in an amount no less than the established minimum state standards. This refers to the living wage for citizens who have reached the age of majority.

If alimony is ordered by the court, the authority determines the amount of payments in accordance with the financial situation of both parents and their child. What matters here is the family status of the parents, health status and other circumstances related to ensuring the rights of the child.

It is important to understand that the costs of maintaining children are borne by both parents, and in equal shares. Therefore, to establish the amount of alimony, judges study in detail the materials provided and determine the needs of the child (children of different ages have their own nuances of maintenance, which is taken into account by the court).

As mentioned above, the Family Code regulates the limit for collecting alimony as a percentage of the income of the parents. If the specified funds are not enough for the normal life support of the baby, the court has the right to impose an additional fee in hard equivalent. In accordance with Art. 139 of the Labor Code of Russia, the amount of deductions for child support cannot exceed 70% of the total income level of one of the parents.

How to calculate alimony?

Self-assessment is required to complete claims before filing an application with the court.

If the plaintiff wants to collect alimony in shares, the calculation is made as follows:

1. The payer's earnings are determined. Pay slips are requested from him or are taken by the claimant independently from the accounting department at his place of work.
2. The salary, minus government payments, is multiplied by interest payable depending on the number of children.

Example from practice: Child support is being collected for three minors. The salary of the person receiving alimony is 50,000 rubles. The law requires 50% of the salary.

50,000 x 50% = 25,000 or 12,500 rubles each. for everyone.

The calculation of payments in a fixed amount is done as follows:

1. The woman collects payment documents for the last 2-3 months to document expenses for the child and substantiate claims.
2. Based on the results, average monthly costs are calculated. You can recover up to 50% from them, but the final payments are determined by the court.

Example from practice: For 3 months, a woman spent 35,000 rubles on the maintenance of one child. or 11,666.66 rubles. average. In her claims, she reflected the collection of alimony in a fixed amount of 6,000 rubles. monthly. Her earnings are 30,000 rubles, the defendant’s income is unknown - he is not officially employed, but has systematic earnings.

The court, having studied the data presented by the woman about the defendant’s property and her own financial situation, granted the claim in full. It was established that the defendant has a car worth 3.5 million rubles. and an apartment of 150 sq.m., which indicates his financial solvency. More details on how to correctly calculate alimony are described in the article.

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Changing the amount of alimony

Such processes are no exception in family disputes; the party paying them always applies for a reduction in alimony, due to a critical change in the financial situation, or the emergence of force majeure circumstances that prevent the maintenance of payments at the same level. In contrast, the increase in alimony payments is the initiative of the party receiving financial resources. Let's consider the options in more detail.

Reducing the amount of alimony

It is worth noting that payments may not only stop, but also decrease in size. Of course, this also requires compelling reasons. These include:

• classifying the alimony payer as group I or II disabled;
• whether the party paying the funds has other persons on its payroll;
• charging the paying party funds for the maintenance of several children from different mothers;
• significant deterioration in the level of profitability of the payer;
• the child for whom assistance is paid is fully supported by the state;
• the person receiving alimony, upon reaching the age of sixteen, engages in activities that generate income that partially covers his needs.

In all other cases, the payer is not exempt from paying financial assistance.

Increasing the amount of alimony

Despite the desire to provide your child with the best care, maintenance and financial support, the maximum amount of alimony payments is regulated by No. 229-FZ “On Enforcement Proceedings”. Article 99 establishes the maximum allowable amount of payments from different types of income.

If the desire of the parent who is entrusted with the functions of upbringing does not contradict the letter of the law, it is quite reasonable to apply for an increase in child support.

Reducing and increasing the amount of alimony. A fixed amount of money

The size of the shares specified in Article 81 of the RF IC may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances.

Collection of alimony is also possible in a fixed amount of money (clause 1 of Article 83 of the RF IC).

Please note that currently alimony in a fixed amount is collected not in the minimum wage (minimum wage), but in an amount that is a multiple of the subsistence level. See in more detail the comments to Article 117 of the Family Code of the Russian Federation

We recommend publications on this issue:

• Child support from salary and in the absence of income
• Little alimony from a small salary!
• Not enough alimony? Is it possible in a fixed amount of money?
• Collection of alimony in a fixed amount. Arbitrage practice
• Reducing the amount of child support. Arbitrage practice
• Reducing the amount of alimony due to the payer’s illness

From what income is alimony withheld?

Below is a list of income from which alimony is withheld unconditionally, indisputably.

• salary - at the main place of work, part-time;
• awards, royalties payments;
• allowances, additional fees;
• types of social benefits: scholarships, unemployment benefits, pensions;
• payments due to temporary disability, vacation pay;
• profits from business activities;
• income from rent, work under civil contracts (GPC);
• proceeds from the sale of property.

Increase in alimony

Both parties – the recipient and the payer – can apply for an increase in payments.

In the first case, this is possible if:

• wages have decreased significantly;
• a close relative who helped the woman financially died;
• the recipient was dismissed from work due to staff reduction;
• a woman has been diagnosed with a serious illness that requires expensive treatment;
• prices for consumer goods increased sharply.

The main criterion for increasing the amount of alimony is the acute financial need of the recipient.

The alimony obligee may apply for an increase in payments voluntarily if:

• alimony obligations were cancelled, resulting in “free” money;
• additional income appeared;
• The overall level of income has increased.

To establish an increased amount of alimony, it is enough to enter into an agreement or file a lawsuit if the recipient refuses additional money, which is quite rare.

What income is not allowed to withhold alimony?

Alimony is not paid on all existing types of income. It is unacceptable to receive alimony payments from the following sources of income:

• amounts received as compensation for damage caused to human health;
• amounts paid as compensation for damage received in the performance of official obligations;
• compensation-type accruals, for example, payments for caring for incapacitated family members;
• travel allowances;
• amounts paid as compensation for wear and tear of working tools;
• humanitarian assistance;
• pension payments assigned for the loss of a breadwinner.

For all other sources of income, alimony can be collected both voluntarily and by decision of a judicial authority.

For spouses

Art. 89 of the RF IC indicates that spouses, even without a divorce, can demand alimony from the other half if they evade mutual maintenance obligations. This is possible voluntarily or compulsorily through the court if:

• the plaintiff is disabled and needs financial support;
• payments are due to all pregnant women and those raising a child under 3 years of age;
• the claimant is caring for a disabled minor child and is in need;
• the needy spouse is caring for an adult child who has been disabled since childhood, group 1.

Payments here are determined in a fixed amount.

The former spouse has the right to demand alimony if the above and additional conditions are met: the onset of incapacity for work during the marriage or within a year after the divorce, retirement within 5 years after the divorce.

Find out more in the article “Everything about alimony for wife maintenance.”

Methods for transferring alimony

Alimony payments can be transferred to the recipient in several ways, which is regulated by law. When alimony withholding is ordered by the court, four ways of transferring it are allowed:

• to a bank account opened in the name of the recipient;
• to the recipient's bank card;
• postal transfer;
• in cash.

It is worth noting that the first two options for transferring alimony are relevant when payments are withheld from the payer’s wages through accounting. The last two methods of transferring funds are chosen if the alimony payer is an entrepreneur, or the payments are not taken from wages.

Considering that the fact of transfer of funds is not recorded by the bank, you should save postal receipts for sending alimony or take a receipt from the recipient. It is impossible to prove in any other way that the support of the child does not cease. The costs associated with transferring or sending alimony payments are borne by the payer.

Payment methods

How alimony will be transferred depends on the agreement of the parties:

• By postal or other type of money transfer, for example, electronic transfer using Internet resources;
• Transfer of alimony by replenishing a bank card;
• You can resort to another option: enter into a bank deposit agreement, which will be replenished by the obligated person.

If an agreement on the method of payment cannot be reached, then the money can be deposited with the court. They will then be issued or transferred to the recipient, that is, the legal representative of the minor; spouse during pregnancy or another recipient of alimony.

How to sue for child support

When the child’s parents cannot come to an agreement on his maintenance, the need to pay alimony, its form, amount and method of transfer are determined by the court. To do this, the plaintiff must submit an application to the magistrate's court at his own place of residence or the address of the defendant. To apply, you will need to provide the following documentation:

• birth certificate of a common child;
• certificate of marriage or its annulment;
• photocopy of passport;
• an extract on the family composition of the parent who does not pay child support, obtained from the housing and communal services department at the place of residence.

The described documentation is supplemented by the application submitted to the magistrate's court.

If information about the parent evading the provision of child support payments is known (address, place of work, etc.), you only need to write an application for the issuance of a court order. Then the proceedings will take place in a simplified form, without necessarily calling the evading party.

If this information is missing, the potential recipient of alimony will need to file a claim for financial assistance.

What to do after the court announces a decision on alimony?

After the court makes a decision, the stage of enforcement proceedings follows.
It is important that the court decision to collect alimony and the court order are subject to immediate execution, therefore, immediately after the judge has announced the operative part of the decision, you can apply to the court office for a writ of execution, without waiting for the decision to enter into legal force. But the defendant, as expected, has a month to appeal. The decision and writ of execution (court order) may be presented:

- firstly, at the debtor’s place of work with an application for acceptance of the writ of execution, where the data of the parties to the alimony relationship and the bank details of the claimant should be indicated for the transfer of alimony by the employer’s accounting department;

- secondly, to the bailiff service, which will initiate enforcement proceedings and monitor the payment of alimony, and, if necessary, apply sanctions against the debtor.

Collection of alimony

As a result of the court's consideration of the issue of alimony payment, the plaintiff receives a ruling or court order. Upon receipt of the decision, the judicial authority issues a writ of execution for the payment of child support. With this document, the plaintiff applies to the representative office of the bailiff service for subsequent collection of financial assistance.

That is, so that the baby can receive the required funds, enforcement proceedings will be initiated. The decision to begin the process will be sent to the person evading alimony payments. If the person has official work, the executors will send an order to the appropriate organization. After receiving it, the accounting department is obliged to withhold alimony from the person’s wages. In the absence of official work, the source of material payments will be any other form of income for the payer.

Alimony from the state

For several years in a row, the State Duma has been considering bill No. 489583-b, according to which women should receive alimony from the state budget if their ex-husband evades payments, is wanted or sent to military service. The bill was rejected due to a number of disagreements, and now payments are made only on the basis of Federal Law No. 85-FZ dated May 19, 1995, as before.

Now, if alimony is not received, women have the right to contact the social security authorities to receive state payments in increased amounts, providing evidence of ex-spouses evading alimony obligations. No other benefits are provided.

In a separate article you will learn how to receive alimony from the state, the procedure and rules for applying for benefits.

Debt on alimony

It is noteworthy that payments may be in arrears. Then a sanction is assessed on it in the amount of 0.5% of the unpaid amount. Moreover, interest is assigned for each overdue day.

The law also provides for the collection of alimony for the period that preceded the plaintiff’s filing of an application with the court. Especially if there is evidence to support the plaintiff's repeated and unsuccessful attempts to obtain financial assistance from the evading parent. If the court decision is positive, it is possible to receive funds no more than three years before the initiation of judicial review (Article 107 of the Family Code of the Russian Federation).

The concepts of “maintenance” and “alimony”

From the above definitions of the concept of “alimony” it follows that the concept of “alimony” means the provision of maintenance on the basis of both a court decision and an agreement to pay alimony.

At the same time, the concept of “maintenance” is broader in scope than the concept of “alimony”.

But sometimes the legislator bypasses the term “alimony”, replacing it with the definition “maintenance”. Yes, Art. 157 of the Criminal Code of the Russian Federation speaks of malicious evasion of payment of funds for the maintenance of children or parents.

The concepts of “maintenance” and “alimony” as equivalent definitions are also used in the Family Code of the Russian Federation (see the rules of law in paragraph 4 of article 30 of the RF IC, paragraph 1 of article 42 of the RF IC, paragraphs 1 - 3 of article 80 of the RF IC , paragraphs 1 - 2 of Article 89 of the RF IC).

In the legislation of some foreign countries, for example Germany, the definitions of “alimony” and “maintenance” are also identified.

We recommend: articles, comments, reviews of judicial practice, samples of statements of claim, see the section “Alimony for a child, spouse. Amount, calculation, collection"

When do child support obligations end?

The legislation provides for cases in which alimony is no longer paid. Thus, if payments were made by agreement, the grounds for termination of their provision are:

• death of one of the parties to the agreement;
• the grounds specified in the clauses of the relevant agreement;
• expiration of the validity period of a notarial document.

The occurrence of these circumstances is not a reason to contact a notary. The payer has the right to simply stop providing payments.

If alimony is appointed by a court, the grounds for termination of its payment are the following factors:

• children reaching adulthood or full legal capacity before the age of eighteen;
• adoption of a child who previously received financial payments;
• recognition by the court of restoration of the ability to work by an adult child;
• recognition by the court of the fact that the second parent of the minor has ceased to need financial support;
• death of the person transferring material funds or the person receiving them.

Concept and purpose of alimony payments

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

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To understand what alimony is, it is necessary to refer to the definition of the Family Legislation of the Russian Federation - this is the right of a disabled family member to financial support from the persons responsible for him. The most common example is payments from a father who left the family aimed at supporting a child.

Their purpose is quite obvious - financial support for needy family members. In the case of minor children, the transfer of alimony forces the parent to fulfill the obligation established by law to support his child until he reaches 18 years of age.

Child support laws

The table below contains a fairly complete legislative framework on alimony matters; the listed articles of the codes of the Russian Federation are a detailed explanation of various situations related to alimony.

Definition of the concept of “Alimony”

There is no definition of the concept of “alimony” in Russian legislation.

The definition of the concept of “alimony” was previously contained in the Methodological Recommendations of the FSSP of the Russian Federation dated March 10, 2006 N 12/01-2115-NV “On the procedure for executing writs of execution on the collection of alimony” (currently the document is not applied):

Alimony is money for the maintenance of minor children or adult disabled family members.

The RF IC does not provide a clear definition of the concept of “alimony”. At the same time, from a comparison of the provisions of the Family Code of the Russian Federation, the following definition of the concept of “alimony” can be derived:

Alimony is a citizen’s funds, which, under the control of the state, are subject to redistribution in favor of needy, socially vulnerable members of his family.

Other authors offer the following definition of the concept of “alimony”:

Alimony is material support that is required by law to be provided by one person to another due to the existing marital and other family relationships between them (for example, parents to children, children to parents, one spouse to another, some family members to other needy disabled family members).

The alimony obligation is understood as a legal relationship arising from an agreement of the parties or a court decision, by virtue of which some family members are obliged to provide maintenance to other members, and the latter have the right to demand it.

Collection procedure

The registration procedure depends on the relationship of the parties and the readiness to participate in providing for minors or other disabled persons. Alimony obligations can be legalized in the following ways:

1. Voluntary agreement. The document is notarized based on a compromise reached between the payer and the recipient. However, the agreement will have legal force in relation to children if their interests are not prejudiced in comparison with the determination of the amount of payments in court.
2. Court order. A simplified mechanism that excludes personal presence and participation in debates, the need to interview witnesses and provides for a halved amount of state duty when choosing writ proceedings with a completed verdict within five days.
3. Judgment. The scheme provides for complications both in the relationship between the parties and for non-standard payment of funds that exclude interest. In the claim proceedings, the fact of paternity can be additionally established and evidence of evasion of maintenance can be collected, including concealment of real income, requiring the inclusion of witness testimony and proof of a clear discrepancy between income “on paper” and actual expenses.

The claimant determines the filing authority. The presence of minors or illnesses that complicate the trip to the defendant’s place of registration allows the case to be considered in the region where the plaintiff is located. In the absence of a voluntary agreement, the process is transferred to the magistrate's court, unless the subject of the dispute is the establishment of paternity or deprivation of parental rights.

Excursion into history

The “roots” of alimony go back to ancient times, when the obligation was based on a moral factor without legislative support. In Ancient Rus', a certain analogue was first recorded in the 12th century in the Book of the Helmsman, which provided for “the multiplication of the human race, based on love, community and mutual assistance.”

From the 15th century, family relations began to be regulated in addition to the church by secular law. The following were considered grounds for termination of marriage:

• physical death of one of the spouses;
• demonstrated initiative for divorce;
• leaving for a monastery is equivalent to death for the world.

Until the 17th century, parents had unlimited rights to decide the fate of their children, including the choice of a marriage partner, putting an end to the parental “mission.” Only since the end of the 18th century, family law has established obligations for the upbringing and maintenance of persons under the age of majority. At the same time, the legislative norms were one-sided in nature, in which the husband is a priori obliged to support his wife and does not have the right to claim support from the woman, even if she has financial capabilities and he lacks funds, releasing him from claims in two cases:

• short duration of cohabitation and housekeeping;
• dissolution of marriage at the initiative of the spouse without compelling reasons.

The provision concerned exclusively children born in marriage and did not extend to illegitimate children. Cohabitation was treated as unlawful residence with a right to damages.

Alimony obligations in relation not only to children, but also to each other, officially began to be strengthened by law from the beginning of the 20th century. The pre-trial agreement receives equal status with the prescribed payments in court, and the court has the right not only to reduce alimony payments, but also to increase their amount. Responsibilities for maintenance are assigned equally to both parents, and children born out of wedlock have equal rights with those born during marriage.

Alimony to parents

Able-bodied adult children are obliged to support needy and disabled parents (Clause 1 of Article 87 of the RF IC). Incapacity for work means being disabled or reaching retirement age . That is, if after retirement the father or mother can prove their distress, this will be a reason to request financial support from adult children. The court will support the claim for alimony from disabled parents of groups I and II unconditionally; Group III will satisfy if it is not possible for a person with a disability to find a job close to home.

The amount of alimony for parents depends on the income of both parties and their current marital status, that is, the presence of other dependents and offspring (clause 3 of Article 87 of the Family Code). If a disabled person has several adult children, the payment in the form of an assigned fixed amount is divided among them all.

The best way to get support is to come to an agreement with the children and enter into an agreement with them on the payment of alimony . A document drawn up in writing is signed by both parties and certified by a notary (Article 99-100 of the IC).

If an agreement cannot be reached, alimony is collected through the court by filing a claim by the interested party outlining the relevant grounds and requirements.

The parent has the right to recover from the children additional compensation for expenses related to treatment or other emergency situations. The amount and procedure for payments, as well as their sharing on each of the children, is determined by the court or the clauses of an additional voluntary agreement (Article 88 of the Family Code).

For failure to pay alimony on time, a fine of 0.5% is imposed for each of the overdue days (Article 115 of the Family Code). In case of malicious delays or evasion after an appropriate claim, the negligent offspring may be brought to criminal liability (Article 157 of the Criminal Code of the Russian Federation).

Exemption from paying alimony for parents is possible by court decision if the mother or father behaved unworthily towards their offspring or were deprived of parental rights. To do this, an adult child must file a corresponding counterclaim in response to the claim of a parent who wishes to request alimony.

Example

Unworthy behavior of a parent is considered unwillingness to pay child support for a minor child, support him and raise him. Because of this, claims of persons who want to receive alimony from adult children often fail in court. If adult children do not consider it right and possible to maintain family relationships and help parents whom they consider unworthy, they should collect appropriate evidence of the immoral behavior of the father (mother).

For example, the father of a then-minor boy separated from his wife due to drunkenness, after the divorce he could not or did not want to look for a permanent job, did not communicate with the child and did not pay assistance for his maintenance. After receiving disability due to alcoholic polyneuropathy, the man went to court to recover alimony from his adult working son. The latter, with the help of a counterclaim and testimony, proved that after the divorce, his father did not participate in his upbringing, blackmailed his ex-wife and extorted money from her. The court refused to satisfy the parent's claim for alimony due to incapacity and need.

Alimony to other family members

The requirements of the articles of the RF IC on alimony are not a dogma. Under certain circumstances, the court may entrust the care of a disabled person not to his parents, but to other relatives (brothers/sisters, grandparents). At the same time, the health status, creditworthiness of each family member, the presence of encumbrances, other dependents and the ability to help relatives are considered.

According to Art. 93 of the SK, alimony for a minor child can sometimes be assigned not to the parents, but to their able-bodied brothers or sisters . If a spouse, mother/father or their own children cannot provide for disabled adults, alimony obligations are also awarded to brothers or sisters.

Minor children or disabled persons who have reached their 18th birthday may qualify for child support from grandparents . To do this, two conditions must be met: the latter must have the means to pay material assistance, while relatives of the first priority do not have such an opportunity (Article 94 of the RF IC).

In case of need, a grandmother or grandfather can count on alimony from able-bodied grandchildren . The burden of responsibility is shifted to the latter if the children or spouse of an elderly person are unable to provide for a relative (Article 95 of the Family Code).

A stepfather or stepmother has the right to demand alimony from able-bodied stepsons or stepdaughters if they supported, supported and raised the offspring of their spouse in childhood (Article 96 of the Family Code). These persons are deprived of the opportunity if they improperly perform their duties in relation to children or if the support and upbringing lasted less than five years.

Document structure

The Family Code consists of 8 sections devoted to the following topics:

• determining the main provisions of legislation in the field of family relations;
• grounds for marriage, determination of marriageable age;
• reasons for ending family relations between spouses;
• the rights and obligations of husband and wife during marriage and after its dissolution;
• establishing a contractual regime for property between spouses, their responsibility for joint debts and the possibility of concluding a marriage contract;
• the rights of minors, protection of their interests, financial support, responsibilities and opportunities under the law for parents;
• alimony in favor of children and parents, other family members;
• conclusion of an agreement on the payment of financial support for minors and disabled relatives, the procedure for collecting alimony;
• raising children without parental care, registration of adoption;
• application of Russian family legislation to relationships involving foreign citizens.

All provisions of the Family Code are in one way or another related to the regime for paying alimony obligations.

In what cases is child support paid? What responsibilities do payers have? The answer is presented in the article “Under what circumstances is it necessary to pay alimony.” You can find out how to file a child support appeal here.

general characteristics

Alimony Concept Signs Types Correlation of Concepts Alimony and Content 4) alimony is not subject to taxation (clause 5 of Article 217 of the Tax Code of the Russian Federation); The concept of “maintenance” is broader than the concept of “alimony”. The word "alimony" - the Latin "alimentum" - is translated as "nutrition". Maintenance also includes other needs - clothing, education expenses, other additional expenses, etc. The obligation to pay alimony lies with parents and other family members, and the maintenance, for example, of children is partially borne by the state. Family relationships are the basis of alimony obligations. The purpose of alimony obligations is to support disabled and needy family members, the list of which is determined by law. There are two procedures for paying alimony: