How to prove unofficial income to collect alimony

Ways to hide income by the payer

There are two ways to withdraw real earnings into the shadows:

Gray salary - presupposes legal employment and the conclusion of an employment contract, but an underestimation of the amount of earnings of the alimony payer. A person receives most of his earnings unofficially “in an envelope.” Such earnings are not subject to personal income tax, insurance payments are not calculated on it, and it is not taken into account for calculating alimony;
Black wages - involves working in the absence of official employment. The alimony payer is essentially unemployed.

Note!
In order to pay less child support, parents resort to schemes to reduce official earnings:
quit their job, continuing to work “menial”;
negotiate with the employer about an official reduction in earnings and transfer part of the salary “into an envelope”;
formally move to another, lower-paid job;
they sell at prices much lower than market prices or give away expensive property they own - cars, apartments, houses - to relatives or trusted persons, making it impossible to seize them as part of the collection of alimony.

How to find out your ex-husband's salary?

There are frequent cases when one of the parents (most often this is an ex-husband who has withdrawn from living together with the child and raising him) hides his actual earnings.

The purpose of this lie is to avoid paying child support at all costs. The question of how and where to find out what kind of salary an ex-husband gets is asked by many women.

You can only obtain information about another person’s salary through the court: a court employee, a bailiff, sends a court request (an official letter) to the pension fund to find out the amount of deductions that are withheld from this person’s salary.

In this case, the pension fund will indicate only the amount of deductions as a percentage, which assume deductions for the monthly salary + bonuses + 13th salary and other income. Those. It will still be possible to find out the exact amount of the salary only approximately.

It is not necessary to know the amount of your ex-husband’s salary, because... Child support is assigned as a percentage of the entire annual income and is divided in equal parts for each child.

How to prove concealment of a spouse's income for alimony

How to force people to pay alimony from their salary? Having suspected the ex-spouse of deliberately reducing income, the recipient of alimony should take the following measures:

contact the payer's employer. Communication with the management of your ex-spouse should begin with a peaceful conversation and an explanation of the situation. Perhaps the employer will meet halfway and increase the official salary of the payer to its real amount. If an agreement cannot be reached, you can remind the organization’s management of the right of any citizen to file a complaint with the tax authorities and report a possible fact of unfair tax calculation. Such a complaint threatens a tax audit and the employer can bring the official salary of the alimony payer in line with the real one;
analyze the existing expenses of the alimony payer: if, with an official salary equal to the subsistence level in the region, he buys a car or an apartment, then there is reason to suspect him of hiding income.

Useful video

What to do if your ex-husband filed for a reduction in alimony

The appearance of other children;
Loss of ability to work;
Deterioration of health;
The appearance of diseases that do not allow you to engage in your previous professional activities;
The amount of total income has increased sharply.

If the ex-spouse is not a legal specialist and acts independently, this assistance may already be enough to effectively resist him in court. But it is recommended to hire a family lawyer to represent your interests in court. This is a universal recommendation in a situation where the husband has applied for a reduction in alimony; a legal practitioner will tell you what to do to protect his interests.

Appeal to the bailiff

If you have reason to believe that the alimony payer has understated your income, you can contact the state body responsible for ensuring the fulfillment of obligations under court decisions - the Bailiff Service.

As a public service, bailiffs have much greater ability to establish the real income of the alimony payer:

can make official requests to the tax and pension fund of the Russian Federation in order to establish the real amount of taxes and contributions paid and real earnings;
bailiffs may request information about the payer’s bank accounts, as well as existing loans and deposits;
It is easier for bailiffs to obtain information about the expensive property the debtor has, as well as about transactions for its alienation that were carried out by the alimony payer.

Based on the results of the investigation, the bailiffs can establish the real official income of the payer and the recovery will be correct.

Note!
Bailiffs can call the negligent parent for a personal conversation and explain that Article 157 of the Criminal Code of the Russian Federation establishes liability for malicious failure to fulfill their obligation to support a child, up to imprisonment.

Answers to the question:

How to prove the unofficial income of the alimony payer for the collection of alimony in the vehicle 1) The deputation agreement is an enslaving deal that was concluded by you on extremely unfavorable conditions for you, due to a combination of difficult life circumstances, and, in addition, the lender, knowing about these circumstances, took advantage of them to benefit yourself. The condition containing this prohibition must be indicated by the microfinance organization on the first page of the consumer loan agreement, the repayment period for which does not exceed one year, before the table containing the individual terms of the consumer loan agreement.

Acts of civil legislation do not have retroactive force and apply to relations arising after their entry into force. The law applies to relations that arose before its entry into force only in cases where this is directly provided for by law (clause 1 of Article 4 of the Civil Code of the Russian Federation).

Alimony in a fixed amount of money how to prove Please I want to apply for alimony in a fixed amount of money because my dad reduced it. I don’t work, I’m married, my husband provides for me, I’m not a member of the employment center. How can I prove my property status? Is it possible to get a certificate from my husband’s work? I want to collect alimony from my ex-husband in a fixed amount of money more than the minimum minimum for the child. However, it is difficult to prove to the court that he works and earns good money. He is an individual entrepreneur and shows minimum earnings. What should I do? Thank you.

I want to apply for alimony in a fixed amount, how can I prove that the defendant has a different income? The income is not registered, he receives it in cash.

Going to court

If the actions taken by the bailiffs are not enough to establish the real income of the payer, but the recipient of alimony has reason to believe that a significant part of the income is hidden, it makes sense to apply to the court to change the procedure for paying alimony.

The Family Code of the Russian Federation establishes two procedures for collecting alimony:

as a percentage of earnings. Alimony for one child will be 25% of earnings, for the maintenance of two children - ⅓ of earnings, for three or more - half;
in a fixed amount - the court can oblige the alimony payer to pay a certain amount monthly, and the court is not interested in where the payer will get this money. This approach is relevant for cases where the payer’s real earnings are unknown or clearly exceed the official one.

How to get child support if the father is in hiding

Cases when a man begins to hide from bailiffs are not as common as situations where part of his income is hidden. If a man avoids meetings with FSSP employees and does not answer calls, the malicious evader should be reminded that he has every chance of receiving criminal punishment under alimony article 157.

Hide and seek from the FSSP and the alimony recipient ends with the seizure of property, a ban on driving a car and traveling abroad. When all accounts and cards are blocked, property is seized, the defaulter will have no choice but to “give up” and negotiate the payment of the debt.

Collection of evidence

The collection of evidence in the event of filing a claim in court should be carried out in two directions:

Confirmation of the payer's real earnings. Here the documents that you managed to obtain through the bailiffs will be useful: certificates from the tax office, the Pension Fund of the Russian Federation, Rosreestr or the traffic police. If it was not possible to obtain such documents through the bailiffs, then you can try to request them yourself. Testimony confirming the fact of receipt of black income or large purchases of the payer, video materials or correspondence indicating the concealment of part of the income;
Confirmation of expenses for the child. The court may side with the parent with whom the child lives if he proves that the alimony actually received obviously does not correspond to the monthly costs of caring for the child. To do this, financial documents must be submitted confirming the expenses: checks, contracts, payment orders.

Where to contact?

Where can a woman turn for help if her former legal spouse – the child’s father – does not provide even minimal financial support for the child?
It should be clearly known that the official divorce of spouses, as well as the rights/responsibilities of the parties, are regulated by numerous legal documents. Depending on the specifics of each specific case, a competent lawyer will accurately identify a legal act on the basis of which it is easy to prove violations of the rights of a child and will be able to competently build a line of defense.

In other words, the first person you should turn to for help is a lawyer.

The law provides two ways to calculate child support:

mutual mutual consent of the parents, certified by a notary;
a reasoned conclusion of a judicial process, taking the form of a decision on the payment of alimony by a spouse.

The first method is an agreement between two responsible people (a man and a woman), who themselves have determined a sufficient amount. The notary's seal and signature are a conditional formality. Although, if one of the parties fails to fulfill its obligations under such an agreement, this document is full-fledged evidence for going to court.

The second way is to directly go to court. Here you can also avoid lengthy court proceedings if you indicate in your application the need to obtain a court order for alimony.

But when the party applying to the court (a woman with a child) indicates in her application that the husband is evading payment of alimony, and there are facts of such behavior, then a full-fledged lawsuit will be required.

In any case, a document with the seal and signature of persons/bodies authorized to prescribe alimony is mandatory, because in case of evasion of payment of the specified amount, this document will confirm the criminal offense committed and will serve as the basis for bringing the ex-spouse to civil/criminal liability.

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Ways to obtain evidence

If evidence indicating expenses for a child can only be provided by the recipient of alimony, then it may be impossible to obtain information from official bodies - the personal information of the alimony payer is not subject to disclosure to private individuals.

Note!
In such cases, you can apply for judicial requests; government authorities are obliged to respond to such requests.

The disadvantage of this method is that the recipient of alimony does not know in advance what the answer will be and whether it will help in conducting the case.

If it was not possible to reach peace agreements

If it is not possible to resolve the issue peacefully and the husband does not want to pay money to provide for his child, then he will have to go to court.
You can prove your ex-husband’s income for alimony in the magistrate’s court at the defendant’s place of residence, i.e. your spouse. According to the law, each parent is obliged to support the child until the age of 18. If the husband does not want to pay, then before going to court, a complete evidence base should be collected. There is no need to justify your spouse, because it is not only the woman who relies on the well-being and decent standard of living of the child. In our country today, the situation is such that after a divorce, many wives agree to receive alimony by oral agreement, and not by written agreement. As a rule, the man sets the conditions - he states the amount of payments and the timing of the transfer of money. As a result, the woman faces constant delays and receiving insufficient amounts, and subsequently, the delay is extended for two to three months, and then a year or six months. Reasons why men do not want to pay money:

Revenge - the ex-husband makes attempts to take revenge on his wife if she is the initiator of the divorce.
Lack of parental instinct - this is what women who protect their man from all worries related to the upbringing and development of a child face.
Lack of income or place of work - you first need to check whether there is malicious intent in not transferring money, and only then bring them to justice.
Selfishness - there is no sense of innate responsibility, because a person is used to caring only about himself.