How to prove that you paid child support

Parents are obliged to provide financially for their minor children, just as they do for the children of their disabled parents. This obligation can be fulfilled by paying alimony. You will learn how to pay alimony by reading our material!!!

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It’s one thing when fathers don’t actually take part in supporting the child. Another is when a father provides for his son or daughter according to a child support agreement or voluntarily, but the mother denies this.

Let's look at a clear example of what can happen when a father gives money to his ex-wife unofficially.

Alexey divorced Elena three years ago. All this time, the father took part in raising his son, met with him regularly and helped him financially. The parents discussed how much money Alexey would give from his salary after the divorce. We agreed that they would resolve these issues amicably, without courts or bailiffs. The child's father transferred all the money to his ex-wife, without keeping receipts or drawing up receipts. That is, unofficially.

The trusting relationship came to an end when Elena filed a lawsuit. I decided to collect the allegedly unpaid amount for all three years. It turns out that Alexey was in vain hoping for the integrity of his wife and did not bother to confirm the payment of alimony. Now he is preparing for trial.

How to prove that alimony was not paid?

The fact of non-payment of alimony, if an application for withholding has not been previously submitted, is proven in court. The burden of proof for the payment of alimony is placed by law on the debtor, so the plaintiff only needs to provide a certificate of cohabitation with a person in need of financial support for the alimony payer. In the absence of joint registration, it will be necessary to provide evidence indicating actual cohabitation (testimony of witnesses, data from an educational institution, etc.).

Often, the debtor, after the court makes a decision and the bailiffs initiate enforcement proceedings, does not pay alimony. In this case, a penalty is subject to recovery from the alimony provider. Its collection is carried out in court. In the application, it is enough for the plaintiff to prove that the defendant is obligated to pay alimony, and also, using information from the bailiff service, to confirm the existence of the debt.

As additional evidence that alimony was not paid, it is acceptable to provide correspondence with the debtor.

NOTE: as you can see, it is not difficult to prove that alimony was not paid; it is much more difficult to collect arrears of alimony obligations from the debtor after

Evidence after the fact

In order to demand payment of the debt, the parent will have to prove the fact of payment of child support. Especially if until this moment the father did not worry about executive documents.

The following documents will help confirm payment:

Receipts for money transfers. They must indicate the details of the sender and recipient of the money, and indicate the purpose of the payment (for example, “Alimony for Matvey for May”).
Bank account statement. If there is a debit from your account, a specific purpose must be indicated.
Receipt for transfer/receipt of cash. It must be written by hand by the child’s mother, noting the date and place, full name, date of birth and passport details of the payer and recipient of the money, the amount in numbers and words. The document must state what the funds are used for.
Certificate from the place of work. It is issued by the accounting department if money for child support is regularly withheld from the child support payer’s salary.

Additional evidence of payment of alimony will be the testimony of witnesses. The support of relatives and friends may come in handy if they can verbally confirm that you communicated with the child, gave him gifts, and paid child support.

Video and audio recordings are also an argument, albeit a secondary one. This could be a correspondence in the messenger, a recording of a telephone conversation, a voice recorder of a conversation about the payment of alimony, or a videotaped transfer of money.

How to prove that you paid child support?

Evidence of payment of alimony are documents confirming the transfer of funds.

In our country, unofficial alimony is common, that is, its transfer without proper agreement, by oral agreement. But, nevertheless, the alimony payer should insure himself with evidence of payment of alimony.

When transferring money in cash, this is a receipt for its receipt. The receipt must clearly indicate when, by whom and what amount was received. It is also necessary to indicate for what period the money was received. The wording about what the funds were transferred for should not be ambiguous. The recipient of alimony puts his signature with a decoding of his last name and initials, and the receipt is transferred to the other party.

When paying alimony by bank or postal transfer, the relevant receipts will be proof of payment.

One of the proofs of payment of alimony is documents confirming expenses for the child. These could be receipts for the purchase of clothes, toys, receipts for payment for kindergarten, etc.

The most convenient way to pay alimony is to transfer it to a bank card. The question arises: how to correctly transfer alimony to a card? The payer has the right to make regular transfers independently, without any additional agreements with the bank. Only one thing is important here - it should obviously follow from the purpose of the payment that the transfer of funds by the payer is carried out for the maintenance of a member of his family.

It is worth remembering that the recipient of alimony may show dishonesty or simply forget about receiving money for a certain period. A non-cash transfer may get lost and not reach the recipient, so a bona fide alimony payer is recommended to keep all documents on the transfer of funds in order to prove their payment.

INTERESTING : more information about the procedure for collecting alimony via the link and VIDEO

What should I do to avoid having to prove payment of alimony?

As can be seen from our example, verbal agreements work for the time being. That is, until the unofficial payer is sued. To avoid going through the courts (read: agony), draw up an alimony agreement immediately after the divorce. It represents a formal voluntary agreement, which, according to Art. 99 of the Family Code of the Russian Federation is certified by a notary.

If the case goes to court, you will be able to show that payments were made in strict accordance with the terms of the contract. At any time, the alimony agreement can be adjusted or even terminated by mutual agreement.

Be more careful when transferring money - take receipts and checks. And be sure to save so as not to waste time restoring them.

Sources:

Family Code of the Russian Federation, Chapter 17. Procedure for payment and collection of alimony

Labor Code of the Russian Federation

Tax Code of the Russian Federation (part two)

Decree of the Government of the Russian Federation of July 18, 1996 No. 841 “On the List of types of wages and other income from which alimony for minor children is withheld”

How to pay child support?

Alimony can be paid either voluntarily, on the basis of an alimony agreement certified by a notary, or compulsorily, on the basis of a court decision or order. Transferred funds in the absence of an agreement or a court decision are not recognized as alimony and do not exclude the risk of the recipient going to court.

Therefore, for voluntary payment of alimony, the following is required:

enter into an agreement in writing and have it notarized . When concluding an agreement, it is important to take into account that the amount of alimony cannot be set below the amount that would be due to the recipient in the event of a trial. Otherwise, the agreement may be declared invalid in court, and the recipient of alimony will have the right to recover the difference between the amount paid and the amount established by the court;
make timely transfers of funds . The concluded agreement requires strict compliance; it is better to avoid delays;
retain evidence of child support payments . It is best to transfer alimony payments to the recipient's bank account indicating? on the basis of payment? details of the voluntary agreement, and when transferring cash, in order to avoid possible disagreements and disputes, take from the recipient a receipt confirming the payment of alimony under the agreement.

USEFUL : if alimony is collected on the basis of a court order with which you do not agree, cancel it according to the instructions from our VIDEO

What will happen to the debtor?

At each stage, a person who fails to pay his or her child support obligations increases his or her liability. Step by step, without canceling their debts, defaulters can receive as an administrative penalty:

compulsory work up to 150 hours;
administrative arrest from 10 to 15 days;
administrative penalty.

If the case comes to criminal consideration of the precedent, then the following may be charged:

community service for a period of 120-180 hours;
correctional labor for up to 1 year;
arrest for 3 months.

His property, including residential premises, may be seized and forced to be put up for auction. From the funds received, payments will be made for the maintenance of the child and other expenses that entailed search activities.

Concealing payment of alimony is an illegal act that may result in civil, administrative or criminal liability. No one other than the parent can pay off his debts without voluntary consent . The defaulter may face punishment - up to a term of imprisonment and deprivation of parental rights. However, these sanctions do not cancel alimony payments.

Filing a claim

To collect the alimony debt, the mother should apply to the magistrate's court. The claim must contain the following information:

name of the court, full name of the judge;
Full name, address and contact details of the plaintiff and defendant;
information about minors who require financial support (full name, date of birth);
a brief description of the claim against the negligent father;
legislative acts confirming the legitimacy of the applicant’s claims;
a list of certificates confirming the absence of alimony payments (if money for children has not been transferred for several years);
list of attached documentation;
The application ends with the date of preparation and the signature of the plaintiff.

Download a sample statement of claim for collection of alimony debt

The claim must be supported by the following documentation:

copies of civil passports of both parents;
copies of children's birth certificates (passports, if available);
certificate of family composition;
copies of the marriage certificate and its divorce;
certificates confirming the mother’s expenses for the maintenance of children;
evidence of the lack of financial support from the father over a certain period of time (when collecting debt for several months (years)).

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If it is necessary to collect alimony for the past period

Debt on alimony payments can only be withheld for the previous 3 years. To do this, the mother will need to present to the court undeniable evidence that she made attempts to obtain money. In this case, a fact confirming the absence of payments is not enough.

The most important principle of legislation in the field of civil procedure is that each party must prove the circumstance that is controversial. If a woman wants to prove in court that her ex-husband has not previously provided financial support to children, then she only needs to present evidence confirming her repeated requests for alimony. Such evidence could be:

printing of emails and correspondence;
copies of letters sent to the father with notification of receipt;
audio recordings of telephone conversations;
a copy of the application to the magistrate's court for issuing an order to withhold alimony payments, if within 10 days after receiving the document the father sent a petition to the court to cancel the order;
a notary-certified protocol for examining a page on social networks or a website through which the mother corresponded with the defaulter;
copies of statements for social protection or law enforcement agencies regarding the lack of alimony payments.

If the mother needs to prove payment of child support

In some situations, the mother will need to prove to the court that the ex-husband is fulfilling alimony obligations:

a procedure has been initiated to deprive the father of parental rights;
the mother of the minors also claims child support.

To prove that the mother has paid, it is enough to present to the court any evidence confirming the father’s participation in providing for the minors. Such evidence could be:

checks for the purchase of goods for children with the details of the father’s bank card;
bank statements about the movement of funds on the account, card of the ex-spouse;
testimony of witnesses, friends, relatives.

Such evidence will be required to be presented to the court, even if both parents confirm the fact of payment of child support payments. If the issue of assigning alimony support to a minor is being decided, which will entail a reduction in the amount collected for another child.

Who should help?

Despite the State Duma's proposal to adopt a legislative act on the assignment of benefits to mothers who do not receive alimony, it has not entered into force. Accordingly, the only responsible person for paying off child support obligations remains the child’s father.

When the debtor is found, he reimburses the arrears of payments, additionally compensating the costs incurred by the state to accrue benefits.

REFERENCE! The assignment of the right of claim also applies to alimony debtors. By agreement with the child’s mother, any citizen can redeem the father’s debts by paying her a proportionate amount and removing criminal prosecution from the defaulter.

How to get a certificate if the alimony payer does not work

All about alimony certificates Sometimes, even understanding why a certificate is needed, we do not know where to apply for it. Such a certificate does not have an official form. But it must still contain mandatory information:

According to IL, alimony is withheld from the pension of the former spouse by the pension department of Sberbank, IL was sent there by bailiffs, there is a resolution. I am a single mother; to receive child benefits, I applied to social security, where they demanded confirmation of my income. In connection with this, I turned to Sberbank for a certificate of alimony for the last 3 months. They refused to provide me with a certificate, they demanded that I write an application on behalf of my ex-husband for the provision of an accrued pension, and pay 60 rubles for this paper. Recipient of child support https://prouristonline.ru/alimenty/spravka-ob-alimentah.html

When does it become necessary to confirm payments?

The first popular reason why alimony payers have to present evidence of the transfer of funds is the initiation of enforcement proceedings, according to which they undertake to pay alimony.

Nothing changes here, and payers still have to pay a certain amount of money for children, but strictly within the deadlines, because For each day of delay, a penalty of 0.5% of the debt amount may be imposed.

Everything becomes more complicated when the father conscientiously fulfills his obligations for several years in a row, but for some reason the mother decides to collect alimony from him for this period, and the money changes hands. It is difficult to prove the fact of transfer of finances, but it is possible - this is not a hopeless situation.

The alimony obligee will have to obtain written evidence so that the court does not satisfy the woman’s claim regarding the collection of money for past periods when payments were made.

Important! According to Art. 107 of the RF IC, the recipient can go to court for alimony at any time, but money is collected only for the last three years preceding the date of filing the claim.

Let's consider a typical situation:

The husband and wife divorced in 2015, leaving their two children with their mother. The former spouses agreed that the father would bring 30,000 rubles monthly. for their content. The man fulfilled the agreement in good faith, but in 2021 she decided that this money was not enough and, without informing her ex-husband, she filed a claim in court.

In the lawsuit, the woman indicated a demand for the collection of funds for the period from 2015 to the current time. At the meeting, the man presented evidence confirming the fact of timely transfer of money, due to which the plaintiff’s demands were not satisfied. The court ordered the father to only pay 33% of his salary for the maintenance of the children in the future, in total this amounted to 23,000 rubles. It turns out that the ex-wife, through her actions, even reduced the amount of transfers, because after the execution of the writ of execution, the spouse will transfer only the amounts calculated by the bailiff.

Child care allowance up to 1.5 years old

Can social protection find out if alimony is being paid or not? Of course, getting all the necessary information via the Internet is very simple and convenient. But how can you find out your alimony arrears if you don’t have access to the network? To do this, you need to contact the territorial FSSP office at your place of residence. When applying for benefits, an important document is a certificate of family composition. And for each family member indicated in such a certificate, you must present a certificate of income for 3 months, which includes all payments determined by the Resolution of August 20, 2003. No. 512. Average income is defined as the sum of family income for the previous 3 months, divided by 3.

Plaintiffs can turn to bailiffs if there are simply no receipts for alimony for a long time. In this case, the standard validity period is also one calendar month. After all, the debt can be paid at any time.