It is logical that child support should be spent on meeting the needs of the child. Unfortunately, it doesn't always happen this way. It happens that the mother spends the alimony intended for the baby on herself or on repaying loans, in general, anywhere, but not on the child. A reasonable question arises - how to control child support according to the law?
Is it possible to control child support so that it actually goes to the child?
Law-abiding alimony payers pay at least 25% of their earnings monthly for their children.
And this is fair, because the parent divorced the spouse, not the child. There are no former fathers/mothers, so you will have to “pull the burden” until the offspring’s 18th birthday. Everything would be fine, but you often have to watch how the formal recipient recklessly squanders child benefits. A reasonable question arises: is it possible to control child support and how to stop inappropriate spending. The answer is ambiguous, since much depends on the method of payment and the specifics of the situation.
Is the father required to pay for a rented apartment in addition to child support?
The issue of paying for housing in addition to alimony worries many. After all, often a parent living with a child is forced to rent an apartment. In 2021, the legislation clearly stated that in some cases it is possible to request additional alimony to pay for housing. The corresponding changes were made to Part 1 of Article 86 of the RF IC; this became possible thanks to the adopted Law No. 10-FZ of 02/06/2020.
You can apply for additional housing support only if the following conditions are met:
- The plaintiff (claimant) and the child do not have suitable living quarters.
- The parent living with the child is in a difficult financial situation and cannot pay rent or buy housing themselves.
- The alimony payer is able to work .
When they say “there is no premises suitable for habitation,” they mean not only the right of ownership, but also the right of use. If a parent and child are registered (for example, in a granny apartment), additional housing support will be denied. Even if many people actually live at the place of registration, and it is difficult to enter there.
Funds for payment or purchase of housing are collected in a fixed sum of money (TDS). At the same time, the alimony payer does not have to pay the entire cost of renting or purchasing housing. The usual award is one-half share for each child .
It is almost impossible to receive funds from the alimony for the down payment on the mortgage. But if the home loan is already being paid off, then you can claim money to pay part of the monthly payment. But only half of the child's share. Conversations that the father must provide housing for the child in the event of a divorce are unlawful .
Is the mother required to report how child support is spent?
The procedure for assigning and paying child support is regulated by Chapters 13, 16, 17 of the Family Code.
The general aspects of maintaining children by their parents (guardians) are also clarified by other norms of the UK. The parent who left the family is obliged to provide for the child from a broken marriage, and the one with whom the child remained is obliged to spend payments on the minor recipient (Article 60 of the RF IC). However, the mother’s (or father’s) obligation to spend the alimony proceeds in a targeted manner is declarative.
There is a norm, but there is no legislative mechanism for controlling expenses and the recipient’s obligation to report. However, in the case of drawing up an alimony agreement in accordance with Chapter 16 of the RF IC, spouses have the right to provide for the reporting of the recipient parent in any form.
The court will not initially oblige the mother to report to the father. In the future, this requires compelling reasons and a special request from the payer, or a petition from the guardianship authorities.
Can mothers spend on themselves?
The payer sends alimony for the upbringing and maintenance of the child. What is included in this concept:
- provision of nutritious food and purchase of children's clothing;
- basic and additional training, visiting sections, cultural events;
- maintenance of health, treatment, improvement of the child;
- creation of decent living conditions.
Education does not rest solely on material wealth. The mother is obliged to maintain a favorable emotional environment in the home and ensure the safety of the children. Therefore, it is logical that the law does not contain a direct prohibition for a parent to spend part of the alimony on herself. Let’s imagine that a young child needs to be taken to the sea, to a sanatorium or to a language camp in the summer. In this case, the mother will act as an accompanying person and legally spend child support on travel, accommodation and tickets.
All expenses must be associated with creating decent conditions for the child in the family and society. It is prohibited to use children's benefits to buy alcoholic beverages and other attributes of an unhealthy lifestyle, luxury goods, clothes for the mother, pay for the services of cosmetologists and massage therapists, and go to bars and restaurants.
Report for the father - how to confirm the expediency of spending
It is worth understanding that if the mother has her own income, it is very, very difficult to prove inappropriate expenses of alimony.
Therefore, during a divorce, it is better for wealthy parents to draw up an alimony agreement with a clause requiring the recipient to provide a written report to the father about the expenses incurred for alimony.
Things to consider:
- the nature and extent of child support;
- frequency of receipts and expenditure options;
- report form.
In terms of the complexity of its structure, the document should not be compared to a tax return. Depending on the type of child support, confirmation of the intended expenditure will be:
- Regular/one-time cash payments. Cash and sales receipts, an agreement with a tutor, a redeemed pool subscription, certificates of visiting sections, clubs, vouchers and other documents regarding the purchase of children's goods and services.
- Provision of property (“in-kind” alimony). If state registration is required, documents for registration of the child's ownership shall be submitted. Otherwise, these could be photos of a child in new clothes, with a smartphone in his hands, at the monitor of a new computer.
The form of the report depends on the agreement of the spouses. Their frequency can be one-time - upon the provision of assistance to the family, or for a certain period - a quarter, six months, a year.
You can request a report on the intended use of alimony only if a condition is included in the notarial alimony agreement. And then the reason for litigation may be either failure to provide information on time or unacceptable expenses.
Examples
It is interesting that obtaining proof of expenses for the recipient herself is no less important, because there are also a lot of unscrupulous fathers trying to get away from the obligation to support the child.
Irkutsk, 2014. In the court of first instance, the father achieved a halving of child support because he was able to prove that the mother did not spend the transfers entirely on the child. The prudent woman from time to time stocked up with documentary evidence of targeted expenses, so she filed an appeal and a detailed report on expenses for children. As a result, the original amount of alimony was restored.
But still, much more often the recipients are really too free with paternal support.
Voluntary payment of alimony
The responsibility of parents to support minor children is spelled out in paragraph 1 of Art.
80 IC RF. Child support can be paid voluntarily, both on the basis of an agreement concluded between the parents, and without it. The agreement must be in writing and certified by a notary. In this case, it has the force of a writ of execution. If the established form is not observed, the agreement is considered void.
The agreement can be changed or terminated at any time by mutual agreement of the parties, which must also be notarized. This follows from Art. 100–101 RF IC. If the agreement is presented at the place of work, the employer is obliged to withhold alimony from the salary or other income of the employee paying the alimony and transfer it to the recipient.
Payment of child support can occur voluntarily and in the absence of a notarized agreement on the payment of alimony, but only on the basis of an application from the employee with a request to withhold alimony from him.
Editor's note: at the request of the employee, it is allowed to withhold any amounts without restrictions, but only after withholding personal income tax and amounts under executive documents (letter of Rostrud dated September 26, 2012 No. PG/7156-6-1).
Can there be liability for inappropriate spending?
There are no direct measures of administrative or criminal liability for misuse of children's funds. At the request of the payer, arbitrary use of child support is subject to civil consequences:
- inspection of the child’s living conditions by the guardianship authorities with the subsequent requirement of a report through the court;
- changing the procedure for paying maintenance in accordance with Art. 60 SK;
- transfer of a child to his father for upbringing with withholding of alimony from the mother (Article 65 of the Family Code);
- restriction of the parental rights of the former spouse while maintaining the obligation to provide for the child.
The last measure applies to mothers leading an antisocial lifestyle, which fortunately is not common. The most effective measure is considered to be the division of alimony into savings and expenditure parts according to the algorithm of clause 2 of Art. 60: up to 50% to the child’s bank account.
Now the money is under bank protection; the recipient himself will receive it after reaching 18 years of age. The mother will be able to use the reserved funds in case of urgent vital need after permission from the guardianship authorities.
Methods for calculating alimony
Courts calculate alimony in two ways:
- As a percentage of regular income (25% for one child, 33% for two children, 50% for three or more)
- In the form of a specific monthly amount (calculated on the basis of the minimum wage and subsistence level (LM), if the alimony payer does not have a regular income)
When making calculations, the court takes into account individual circumstances: the financial situation of the father and mother, the state of health of the child and parents, the presence of additional dependents of the alimony payer. The interests of the child are a priority.
The final percentage amount of alimony may be reduced. For example, if there is only one child in a given family, but the father has another one for whom alimony is also paid, the amount of alimony for one child will not be 25%, but 16.5% (33% for two children, divided equally).
It may be increased. For example, if child support is paid not only for the child, but also for the mother (if she is on maternity leave or is disabled), deductions can reach 70% of earnings.
The amount of fixed alimony can be calculated based on the “children’s” minimum wage or as a percentage of 1/2/3 of the minimum wage. If the father has good reasons (health status, lack of work and employment opportunities, dependents), alimony can be multiples of the minimum monthly wage - 0.5, 0.3, 01 subsistence minimum. Fixed alimony is indexed with an increase in the indicator on which it is based (minimum wage or minimum wage).
The law allows for a combination of calculation methods. A fixed amount of alimony may be assigned, plus a certain percentage of earnings.
Ex-wife spends child support: what to do and how to control expenses
It is better to control the costs of child support from the very beginning of fulfilling child support obligations. If the father is sure of inappropriate spending, he must obtain evidence and act. The algorithm follows from the peculiarities of paying child support.
Alimony is paid voluntarily
With the termination of the marital relationship, parents resolve the alimony issue without the intervention of any authorities. The amount and frequency of the benefit, the method of transfer - everything is fixed by verbal agreement. The recipient agrees to the collection of documents on spending alimony. The report in this case is also oral. In the future, the mother may change her mind, and no court will force her to report, since the payment of alimony has not been formalized in accordance with the requirements of the Investigative Committee.
Paid according to a notarial agreement
Notaries are positive about the inclusion of requirements for reports from recipients of payments, so there will be no problems with approval. The document is equated by law to a writ of execution and gives the right to challenge violations of its provisions in court and to collect overdue payments through bailiffs. And if the mother evades reporting or cannot confirm expenses, the court will oblige her to provide the necessary information
Collected by court decision
It will not be possible to oblige the recipient to report due to the absence of such norms in the legislation. But the situation can be changed through the court.
The payer applies to change the transfer method due to misuse of alimony.
The child will receive up to 50% of the due amount to a bank account.
Payment of additional expenses for the maintenance of a disabled child
One of the most common cases when it is possible to recover additional funds for alimony concerns children with disabilities. Often their treatment, rehabilitation or nutrition requires more money than one parent can handle.
When considering a claim, judges will pay attention to the following points (in a comprehensive manner):
- what amount of child support is already paid by the second parent;
- how much the child receives from the state (amount of pension, benefits, additional payments);
- who cares for the child (for example, if the services of a nurse are needed, then she must be paid a salary);
- financial capabilities and marital status of the claimant and the alimony payer;
- the amount of actual expenses incurred;
- what expenses are still planned;
- other significant points (for example, if, due to disability, a serious illness has developed that did not exist at the time of alimony assignment).
Sometimes it is possible to collect additional child support even if the child does not have an officially established disability. But there are simply serious illnesses .
What cases does the court recognize as significant if the child does not have a disability:
- urgent or expensive surgery is needed;
- requires the purchase of expensive medications;
- rehabilitation is necessary (for example, after an injury);
- paid medical examinations are planned or have been carried out;
- the child needs dentures.
Where to file a claim for the transfer of part of the alimony to the child’s bank account
In fact, the plaintiff insists on changing the execution of the court decision. The procedure of Art. 203 of the Code of Civil Procedure of the Russian Federation - the claim is filed with the court that previously issued a verdict on the assignment of alimony (district court, magistrate).
State duty
In cases involving the revision of a previously adopted decision, no fee is charged.
Consideration of the application by the court
When considering the case, the court takes into account the position of the plaintiff, the circumstances and explanations of the defendant.
The defendant may petition the court for documentary evidence of expenses for children. At the same time, the absence of receipts and checks is not yet evidence of unlawful expenses.
To satisfy the claim, there must be clear misuse of children's funds by the mother with infringement of the interests of the minor.
The previously adopted procedure for transferring alimony is fully consistent with the financial situation in the child’s family, and the judge is not obliged to revise it. The reason for the appeal is a subjective violation of the norms of the Investigative Committee of one of the parties. Confirmation of this fact lies with the payer
Documents and evidence
At the court hearing, the plaintiff presents:
- statement of claim;
- package of evidence;
- copy of passport;
- alimony court order;
- certificates of income, salary, alimony deductions.
In accordance with Art. 55 of the Code of Civil Procedure of the Russian Federation, the following evidence can be attached to the claim:
- explanations of the parties and 3 persons, witness statements;
- documents on paper (written/printed);
- evidence;
- legally obtained audio and video materials;
- expert opinions.
An eyewitness has the right to be present in person or give explanations via video conference. Evidence must be attached in the form of an appendix to the statement of claim, and in case of later receipt, the plaintiff requests that the document be included in the materials. The court also has the right to request additional evidence and order examinations in the case.
The judge accepts as evidence only justifications obtained legally. That is, you shouldn’t install spy surveillance in your ex-wife’s apartment, just like you shouldn’t listen to her cell phone.
The court's decision
When changing the procedure for providing monetary support, the interests of the parties are secondary for the court.
The main thing is to ensure the protection of the rights of the child; as a result of crediting part of the alimony to the account, the standard of living of the minor should not suffer. The verdict is rendered taking into account the provisions of Chapter 16 of the Code of Civil Procedure of the Russian Federation. The main principle is the legality and substantiation of the court’s position, therefore the decision is made only on the basis of the evidence presented in the case.
The father will be able to control the spending of child support by his ex-wife only if there is a notarial agreement and the obligation to report is included in the terms of the agreement. In other cases, you will have to rely on the mother’s integrity or go to court.
Establishing a control mechanism
The best option is how to control child support, specify the order in the child support agreement and have it notarized. This document is concluded based on the mutual desire of the parties and is not limited to specific issues. In addition to the size, order and frequency of payments, you can include a section on the possibility of monitoring the expenditure of child support by providing the required reporting in the form of:
- payment documents for children's school supplies, wardrobe items, allowing identification of expenses;
- concluded contracts and receipts for payment for developmental services (music and specialized sports schools, clubs and sections, computer courses and electives);
- recommendations from medical institutions on health improvement issues and provision of vouchers for targeted treatment and prevention of diseases to which the child is predisposed;
- certificates and diplomas from Olympiads and competitions, allowing you to identify the interests of the child and think about further investments and evaluate the feasibility of the contributions made.
In the child support agreement, it is important to stipulate the need to provide a report not only as a check on the expenditure of finances, but also the requirements for documents that make it possible to identify the range of interests of the child. For the court during the proceedings, this will be confirmation of personal interest in the process of upbringing and development of the non-cohabiting parent, and not just a statistical report on where child support is spent.
Sample alimony agreement
: Sample alimony agreement in Word (23.5 KiB, 357 hits)
The alimony agreement is an executive document, just like the writ of execution itself. Therefore, the one who controls the payment of alimony may be called upon to control the spending process. In accordance with the law, the bailiff service may be involved in control if the recipient fails to comply with the included clause. If this procedure was not in the original document, then an additional agreement can be drawn up with the consent of the other party. In the absence of a condition, verification and the requirement to provide expenditure documents on the basis of the law are impossible.
