Child support from a non-working father: collection, size, amount

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The law implies mandatory participation in the upbringing and provision of children by each of their spouses, including if one is unemployed. If the spouse who pays alimony has legally lost his job, then the calculation is made based on the size of the last salary according to the work book, provided that he has worked for the last three months.

The amount of payment for one child will be 1/4 of his average monthly salary, for 2 children - 33%, for three or more - 50 percent of the payer’s salary.

There is a minimum amount for alimony. If it is determined that the amount calculated based on the size of the last salary is below this minimum, then the benefit that the unemployed alimony worker will pay will be about 70% of the salary from the former job.

If an unemployed person has not worked anywhere for the last three months and no sources of income have been identified, then the amount of alimony is calculated based on the average salary in the country.

Alimony for a wife can be paid to a spouse who is unable to work or is on parental leave, both single and married (to the alimony provider). The amount of payments is the same as for child support – 25% of the spouse’s salary. Alimony is received by a disabled spouse, provided that he became disabled before the dissolution of the marriage or no later than 1 year after its dissolution.

Collection options if the father does not work, how is child support calculated:

• voluntarily
• judicially

Voluntary payment is the best outcome. To do this, an agreement on monthly alimony payment is drawn up. Voluntarily (an agreement on the payment of alimony has been concluded, certified by a notary);

In court, there are several options that may allow the alimony payer to pay less. This is his disability and incapacity for work (sometimes disabled people are completely excluded from paying alimony), if the alimony holder has other children from other marriages who are low-income, and some other objective reasons. Alimony can be accrued forcibly through a lawsuit. The claim must indicate the name of the court, circumstances, information about the husband and wife, and the presence of children. They are charged only when the plaintiff submits a corresponding application.

Calculation of alimony for an unemployed person

If the parent paying child support has some kind of irregular earnings, the court may decide to pay his benefit in a fixed amount, calculated based on basic values. If the financial status of a parent changes by decision of the other spouse, the payment amount may be adjusted.

The court may order the required amount to be paid in shares deducted from salary or other source of income.

For an unemployed person, debts will accumulate until the spouse does not work. When he begins to receive a salary, they are calculated. If he is on the labor exchange and receives unemployment benefits, alimony is deducted from the benefit.

For what reasons is the defendant's payment reduced?

It is not necessarily the unemployed parent who is obligated to pay child support who is trying to evade it. There are situations when a person experiences financial difficulties after losing a job and having no other sources of income. During this period, he may indeed not have enough funds to fully support the child.

If certain facts exist, the law provides for the possibility of reducing alimony payments. The judge may do this if:

• unemployment benefits decreased;
• other income has decreased or ceased to exist;
• an unemployed child support worker got married and had a child;
• he is entitled to alimony for other claims;
• the debtor is seriously ill or disabled;
• his parents came to provide for him;
• a wife or child has the opportunity to use expensive real estate or a car to generate income.

Although this list is enshrined in law, it is not closed. The court may take into account other problems of the unemployed alimony worker, but only if there are compelling arguments in the form of written documents or witness testimony.

Pros and cons of recovery as a percentage

Alimony, which is paid as a percentage, may in some cases violate the interests of the mother (second parent) or child. These conditions may serve as the basis for the authority to determine a fixed amount of payments for minor children, which, in this case, amount to the amount necessary for a comfortable existence. If the alimony worker starts earning good money, he will have to reapply for payments.

Processing payments is a rather difficult process that requires proper paperwork and patience with the authorities. An agreement to pay by mutual agreement saves money and time. What alimony (in percentage or a certain amount) will be paid is determined by the type of work of the alimony provider.

Decor

If the spouses do not come to an agreement, then in order to apply for alimony to the court, you need to prepare the following documents:

1. Papers confirming family ties;
2. Marriage documents
3. Lawsuit

Already when going to court, documentary evidence is needed (amount of income, pensions, documents confirming the child’s residence with the mother);

Violation of payment terms

If the alimony evaders from paying money, the spouse has the right to go to court and receive a charge of 0.5% for each day of delay. This amount is added to the entire amount of debt that has accumulated. Compulsory collection for non-payment is carried out in court. What forms of punishment are there for those who violate the terms of alimony payments?

Civil type of punishment

Civil liability implies the payment of a penalty, that is, an additional payment of certain percentages to the basic amount of alimony, depending on the length of the period during which alimony was not paid. The amount of the penalty, as already mentioned, is calculated for each day of delay and amounts to 0.5% of the total debt. To bring the alimony worker to this type of responsibility, he needs to apply to the court with a special statement, which will state the requirement to achieve the necessary payments.

Criminal law punishment

Criminal liability is a serious punitive measure that threatens malicious non-payment of child support over a long period of time if the negligent parent could not be forced to pay according to the law.

Article 157 of the Criminal Code of Russia states that such inaction is punishable by correctional labor for up to 1 year, compulsory labor (120-180 hours) or arrest for up to 3 months. Sometimes only after such measures the mother of a minor child receives money for his maintenance from a negligent parent.

Evidence that the unemployed payer has income

If the child’s mother and his father are in a difficult relationship, then trusting the child support payer is not the best financial thing to do. He can, having some income, specifically register with some institution as a “dead soul.” This is necessary so that, according to the documents, he is accrued a meager salary, on the basis of which alimony will be calculated, and the payer himself can safely earn a lot of money without registering in any way.

To prove the fact that an unemployed payer is getting money somewhere, you need to take the initiative:

Help the bailiff identify sources of income, assist him in this by recording information about his guesses about possible jobs

If there is some doubt that a job exists, but the person is not officially listed as such. You can ask law enforcement for help.

Tax authorities can identify illegal business activities

If the facts of falsification of documents about jobs are proven, then the alimony payer faces sanctions and even criminal liability. Timely measures taken to find sources of income will allow you to receive more than the minimum alimony if the father does not work.

Payment evasion

Complete or partial failure to fulfill alimony obligations (i.e. non-payment of alimony) entails the occurrence of arrears in payments. Protecting the rights and interests of children, legislators have defined various types of liability for evading child support.

Bringing to civil liability in the form of accrual of a penalty is possible in court on the basis of a statement of claim by the claimant. In this case, the plaintiff must prove the existence of a debt, which is confirmed by a bailiff’s certificate, and also present a calculation of the penalty for each day of delay in payments.

The debtor may be brought to administrative liability on the basis of a petition from a bailiff. The court may impose compulsory labor on the debtor, a fine, deprive him of his driver’s license, or restrict his right to cross the state border.

In cases where there is direct intent in the debtor’s evasion of payments, based on the claimant’s application or the bailiff’s petition, law enforcement agencies have the right to initiate a criminal case, which, after all investigative actions have been carried out, will be referred to the court to determine the punishment. The most severe punishment is imprisonment for a year.

Foreclosing on the debtor's property can be carried out when:

• there is a court decision to collect arrears of alimony;
• the writ of execution issued on the basis of this decision was presented to the FSSP;
• the debtor did not comply with the court decision voluntarily;
• the debtor has identified property that may be subject to foreclosure.

Alimony, interest accrual

Payment by non-workers can occur:

• in shares;
• in a fixed amount of money;

The size of the average salary in the country changes once a quarter, and accordingly, the amount for alimony for the unemployed also changes upward.

Legal advice will help you avoid mistakes when changing benefit data and calculating payments.

If a person is officially recognized as unemployed and registered with the employment service, receiving benefits, then the amount for alimony, although this money, of course, can hardly be called an amount, is sent to another recipient, from this benefit. If this money is not enough to support the child, then assistance to the parent raising the child falls on the state. This happens until the paying parent finds a source of income. When he finds a job, he will cover expenses, that is, expenses that he, at one time, did not pay.

This law applies to the maintenance of children under 18 years of age or children over 18 with disabilities, for whom alimony is calculated according to other criteria.

Conditions for applying for alimony

As already noted, documents for filing alimony are submitted by the person who has direct custody of the child. The amount of debt owed by an unemployed person can only be calculated for the last three years. Moreover, if the child is already 18 years old, then this will be difficult to do.

If, according to the law, the debtor already has a document, registration for alimony and debt is automatically calculated based on the provisions of this document.

The notarized document has the following clauses:

• how many times per year should I pay
• method of paying alimony to an unemployed person (transfer or cash payment)
• what amount should come each time.

When we talk about collecting alimony, we mean deducting a certain amount of money from the payer’s earnings. And the question of collecting child support from an unemployed parent puzzles most of us.

And really, where will alimony come from if there is no income? But is the responsibility for supporting his children really removed from the father only on the basis of lack of work?

Should an unemployed person pay child support?

To answer this question, you should turn to family law. Article 80 of the RF IC establishes that parents are obliged to support minor children regardless of their labor status, that is, the presence or absence of work and earnings. At the same time, parents have the right to agree among themselves on the procedure and amount of payments for child support.

From this it follows that the lack of work and income does not relieve the obligation to pay alimony!

Minimum payment of alimony from a non-working person in 2021

Sometimes the amount may be too much for a non-working child support payer. After all, the amount of earnings in some cities and towns is much lower than the Russian average.

Since the law only defines the procedure for calculating alimony, but does not establish the minimum amount of alimony, lawyers strongly advise resolving this issue peacefully - by concluding an agreement. In the agreement, parents can set a minimum amount that suits both.

If an agreement is not concluded, the court will set the minimum amount of alimony for the non-working person. In this case, not only abstract average indicators will be taken into account, but the real life circumstances of the parents and the child: level of earnings, region of residence, marital status, reasons for dismissal, period of unemployment, and so on.

If the alimony payer agrees to support the child, the court will set the minimum amount of alimony that he will be able to pay. If the payer evades payment, the court will calculate alimony according to all the rules, taking as a basis the average earnings in Russia.

In some cases, the court may establish a fixed amount of alimony from a non-working payer. Its size will depend on what the child’s previous level of support was, and what the current financial and marital status of the parents is.

Amount of alimony payment from an unemployed person

How much is child support paid if a non-working father has no income? To get an answer to this question, we will consider several options for collecting alimony.

If the alimony payer has official unemployed status

If a non-working parent applies to the employment center and receives official unemployed status, he receives unemployment benefits. The amount of the benefit is set based on the average salary at the last place of work or the average salary in the region of residence. From this benefit, alimony is paid - in the amount established by the alimony agreement or court decision.

The only problem is that the amount of unemployment benefits is extremely low and often does not cover child support obligations.

If the payer does not work and does not contact the employment center

If the payer does not work and has no income, but does not apply to the employment center, alimony is collected in the general manner - in the form of a share of earnings. But since he has no official income, alimony is calculated based on the amount of earnings at his last place of work or the average earnings in his region of residence.

If the payer is an unemployed disabled person or a pensioner

When calculating alimony from an unemployed disabled person or pensioner, his total income (pension, disability benefit) is taken into account. If this income is below the subsistence level in the region of residence, the state will assume alimony obligations. When determining the amount of child support, the needs of the child will be taken into account, therefore it is in the interests of the recipient to provide evidence of maximum “need”.

If the payer is not officially employed, but has inconsistent earnings

If the payer has earnings (albeit inconsistent), but it is not possible to collect alimony because the payer is not officially employed, the problem can be solved:

• by tracking cash receipts and expenditures. After a court decision is made to collect alimony, you should contact the bailiff with an application to track the payer’s income and expenses. This will allow you to check monetary transactions and determine the amount of earnings, on the basis of which you can collect the appropriate amount of alimony - in a new trial.
• by obtaining testimony about the payer’s income. Witnesses who are not interested in the outcome of the trial may testify about the income of the alimony payer known to them.

The alimony worker does not officially work at the enterprise, but has an inconsistent income

You can learn about the procedure in which alimony is collected from parents who do not have a permanent income from the provisions of Art. 83 RF IC.

It says that if there is no agreement between the parents on the maintenance of children, the collection of alimony in the absence of a permanent income can be made both in a fixed amount and in shares, and a combination of such methods is also possible.

An example is a situation where part of the income comes from funds received from renting out an apartment. The other part is one-time part-time work, not officially registered. Then it is advisable to establish a share of earnings on rent. And if it is small and does not cover the costs of supporting the child, thereby violating the interests of one of the parties, you can additionally claim a fixed amount.

The judge determines its size taking into account:

• opportunities for children to maintain the level of support they previously had;
• the family and financial status of each party;
• other circumstances worthy of attention.

writ of execution

What is the amount of alimony for an unemployed person in 2019?

How much child support should an unemployed person pay? As is clear from the above, to determine the amount of alimony from a non-working person, the average salary indicator .

According to this provision, the amount of alimony will be 1/4, 1/3 or 1/2 of the average salary. In January 2021, the average salary in Russia was 30,100 rubles (the average salary in the region may differ!). How is child support calculated? To roughly calculate the amount of alimony for non-working people, we will start from this indicator.

An example of calculating alimony for an unemployed person

• for one child – a quarter of the average salary, 30,100 x 25% = 7,525 rubles;
• for two children – a third, 30100 x 30% = 9030 rubles;
• for three children – half, 30100 x 50% = 15050.

If the alimony payer is unemployed, but registered with the employment center, another indicator is used to calculate alimony - the minimum wage unemployment benefit. In 2021, its amount was 5965 rubles. So, how to calculate alimony from a non-working person...

• for one child - a quarter of the unemployment benefit, 5965 x 25% = 1491.25 rubles;
• for two children - a third of the benefit, 5965 x 30% = 1789.50 rubles;
• for three children - half the benefit, 5965 x 50% = 2982.50 rubles.

How is money transferred?

A self-employed person can transfer money to pay alimony in the following ways:

• personally into the hands of the second parent with whom the child lives;
• transfer to a bank account;
• by postal transfer.

It is better to keep documents confirming the fact of transfer of money. If controversial situations arise in the future, it will be much easier to prove your good faith as an alimony payer. If money is transferred in cash, it is worth getting a receipt from the other parent confirming its receipt.

How to collect and receive alimony from an unemployed person?

Alimony from an unemployed citizen in Russia can be collected in two ways:

1. as a share of earnings;
2. in the form of a fixed amount of money.

Let's consider the advantages of each method of collecting alimony in circumstances of lack of work and income.

Collection of alimony from an unemployed person in the form of a share of earnings

Since the unemployed payer has no work or income, the amount of alimony will be determined based on the average salary in the region of residence .

The advantage of this option is that, despite the lack of work and income, the payer will accumulate arrears of alimony. If work and income appear one day, the amount of debt will be collected from income, and if they do not appear, from the property owned by the debtor.

The disadvantage of this option is that the unemployed can register with the employment center. And then alimony will be calculated from unemployment benefits, the amount of which is usually low.

Collection of alimony from an unemployed person in a fixed (fixed) sum of money

The advantage of this option is its stability and predictability - regardless of the availability of work and income, the unemployed alimony payer transfers a fixed amount monthly.

But this advantage also has a disadvantage. An unemployed person can get a well-paid job at any time, and the fixed amount of alimony established by the court will remain the same. In addition, you should not hope that the court will establish a fixed amount of alimony equal to the subsistence level. Having examined the financial and marital status of the payer, the court may assign alimony, for example, in the amount of 0.1 of the subsistence minimum. The minimum threshold for alimony payments is not established by law.

Source: law-divorce.ru

Arbitrage practice

Difficulties in practice arise only with determining the amount of alimony awarded in a fixed amount.

However, the courts, in general, are guided by the cost of living per child in the region, which is also recognized as correct by higher courts.

Example . In case No. 2a-118/2016 of the Oktyabrsky District Court of Primorsky Territory, the higher court upheld the decision of the magistrate dated August 11, 2016, by which the claim of plaintiff A. against defendant A. for the recovery of alimony in a fixed amount for the maintenance of one child was satisfied . The magistrate recovered from the defendant funds for the child in the amount of 7,537 rubles, which is equal to the subsistence minimum for one child in the region. The defendant, not agreeing with the decision, appealed it, but a higher authority recognized the decision as correct and upheld it.

How much alimony do unemployed people pay?

After the divorce process is completed, the party with whom the minor family member remains living has the right to receive alimony. However, what to do if the father, whose responsibility is to pay this monetary penalty, is unemployed?

Initially, it is necessary to recall that alimony is paid not only for the maintenance of minor children, but also for people who, due to their mental or physical disabilities, as well as age, cannot earn their own money on their own. The amount of this penalty is determined in court or by agreement of the parties. If they were unable to resolve this issue on their own, then the amount of alimony is deducted from the income of the party obligated to pay it.

How to calculate the amount of child support if the father is unemployed

If a parent was fired from his previous place of work and now has no income, then these factors do not relieve this subject of the obligation to pay child support. Therefore, at the time of official absence from work, the percentage of mandatory monetary penalties is calculated based on the average salary, taking into account the number of dependents (children). According to official data from the federal statistics body (Rosstat), the minimum All-Russian average monthly wage for May 2021 is 34,400 rubles. When calculating alimony, it is necessary to start from this figure.

In accordance with Article 81 of the Family Code of the Russian Federation, the percentage of alimony from an unemployed person in the absence of other income is calculated in the following way:

• For the only child in the family, it will be 25% of the parent’s earnings (34,400 x 25% = 8,600 rubles);
• If two family members are dependent, then this deduction will be 30% of the salary (34,400 x 30% = 10,320 rubles);
• For three dependents, the parent is obliged to pay 50% of the money earned (34,400 x 50% = 17,200 rubles).

Example : A court order in the city of Taganrog obliges a parent to pay 1/4 of all income for his only child. However, it turns out that he does not have official employment. As a result of this fact, the court will calculate the mandatory amount of contributions based on the average monthly salary in the Russian Federation for the month when the parent begins making payments.

If the alimony payer is registered with the employment center and receives official benefits, which for 2021 amounted to 5,965 rubles (according to the minimum wage), then alimony will be calculated based on this amount, that is: 5,965 x 25% = 1,491.25 rubles per dependent.

Important ! If a parent does not pay child support during official employment and continues to do so after dismissal, then recalculation of the debt will be calculated initially according to the official salary, and then according to the average salary.

Is it possible to reduce the amount of alimony?

Due to the fact that the percentage of deductions, which is based on the average salary in Russia, can be quite huge and many residents of small towns do not have the opportunity to pay this amount, the best option for both parties would be to resolve disputed relations without the participation of the court. In this case, it is necessary to fix a percentage or a fixed amount of funds that will be subject to deduction that suits everyone.

If the case does go to court, then when making a decision, this authority will take into account many facts that directly affect the amount of these payments.

Minimum alimony from an unemployed person

Important ! The minimum amount of alimony that a person without a job is required to pay can only be determined by a court. It is calculated taking into account the level of wages (if any), place of residence, the presence of children in the new family of the party who pays alimony, the time of dismissal of this subject from work and many other circumstances.

Methods for collecting alimony from a non-working person

There are three ways to collect child support from a non-working father:

• In a fixed amount. In order to use this form of collection, the party with whom the child lives must file a claim in court for the collection of alimony. After review, the judge will decide to impose a certain amount of monthly payment.

Important ! After the alimony payer officially starts working again, it is necessary to submit a new application to the court, asking for an increase in the amount of recovery from him, in connection with the resumption of stable earnings.

• Using an alimony agreement. The parties themselves agree on the amount of deductions, fix it in the agreement (contract), write down all the necessary conditions, confirm their agreement with signatures and notarize this document.

Important ! Without notarization, this agreement is considered void and the fact of its conclusion, if necessary, is almost impossible to prove in court.

• In proportion to the payer's earnings. If the parties have not chosen any of the above options and the payer is officially unemployed, then alimony is collected by allocating a percentage of the average salary in the region (country).

Important ! If payment does not occur, then the bailiff service will begin to collect the debt by seizing property belonging to the debtor and its further sale.

Finally, it should be noted that the legislation of the Russian Federation is constantly undergoing changes and therefore innovations should be studied in advance before filing a claim for the recovery of alimony from a non-working person.

Source: juresovet.ru

Some parents mistakenly think that, citing lack of work, they can avoid responsibility for paying child support. Officially unemployed citizens, as well as those registered as unemployed, are required to make child support payments on the same basis as employed persons. How to pay alimony to an unemployed person in Russia? More details about this in our material.

What to do if your ex-husband evades payment

After a divorce, some men do not want to pay alimony for the maintenance of common children, evading their responsibilities in various ways. If a parent has a debt on alimony payments for more than four months, he does not make contact with his ex-wife, does not respond to warnings from the Federal Bailiff Service, the ex-wife can file a lawsuit.

In addition to the statement of claim, evidence and materials should be provided that will prove that all this time the father was maliciously evading the maintenance of minor children.

After reviewing the documents provided, the court may make the following decision:

• Repay all arrears of alimony within the established time frame.
• Seize all accounts of the defaulter.
• Seize the debtor's property.
• Bring the willful defaulter to criminal liability.

In Russia, no one is exempt from responsibility for alimony payments for the maintenance of their children. Even unemployed fathers have this responsibility. Each case is considered individually, taking into account the needs of young children, the financial situation and health of the payer.

Grounds according to law

Is child support collected from an unemployed parent in 2019? Definitely, they are being exacted. The provisions of the following legal acts regulating this issue are still in effect:

• RF IC;
• Decree of the Government of the Russian Federation No. 841 of 1996;
• Law “On Enforcement Proceedings”.

It makes absolutely no difference whether the father works somewhere or not. Despite his lack of official income, he is obliged to financially help his child. The amount of assistance provided to an unemployed parent as a child support payment is often greater than could be established as a share of the official salary. In this regard, parents who are still avoiding child support obligations due to unemployment have an excellent incentive to finally think about and find a stable, and most importantly, official job.

Let’s immediately decide who is considered unemployed and who is simply not working. From the name of the concepts it is clear that neither one nor the other is officially employed. An unemployed person is an officially unemployed citizen who joined the labor exchange on time and receives benefits. A non-working person is also an officially unemployed citizen, but has not been registered with the labor exchange and, accordingly, does not receive any benefits. In this material we will use both meanings, so we immediately decided to clarify.

Whether a parent is registered with the Employment Center or not determines how child support collected from an unemployed person is calculated. We will analyze all the situations on how to pay alimony to an unemployed citizen in Russia.

Amount of alimony from an unemployed person

Let's discuss how to calculate the child support required from an unemployed father. Article 83 of the Family Code provides an unambiguous provision that child support for a child under 18 years of age is collected from an unemployed parent exclusively either in the form of a flat sum of money or a flat sum plus a percentage of earnings. Which is quite clear, since collecting alimony only in the form of a share of earnings from an unemployed person is, to put it mildly, difficult, since he does not receive a salary. Next, we will analyze the amount of alimony from the unemployed in 2021.

Payment of alimony in a fixed amount is always assigned not only to unemployed alimony workers, but also when:

• the parent has irregular earnings;
• receives a salary in kind, some kind of barter, for example;
• has income in foreign currency.

In general, all situations where it is difficult to determine the amount of alimony payments as a percentage of the earnings of the respondent parent.

Before calculating the amount of child support due from an unemployed person, you need to check with him whether he is considered officially unemployed or not. In other words, you need to check with the respondent parent whether he is registered with the Employment Center. If he is a member, then it is advisable to ask him to obtain a certificate from the authority about the amount of the benefit issued to him. This certificate must subsequently be attached to the package of documents sent with the claim to the court.

Alimony from an unemployed citizen in 2021, as in previous years, is collected in a fixed amount of money. But, if the parent is registered with the labor exchange, then the court in most situations assigns a share of the benefit plus a certain monthly amount of money. The reasons for this are understandable - ¼ of the unemployment benefit is naturally not enough to meet the needs of the child. The citizen receiving benefits himself most likely also lacks it. Let's summarize everything said in the table:

Minimum amount

What kind of alimony can you expect from an unemployed person? We have already determined that they will be, rather, in the form of a specific amount of money. As such, the concept of “minimum alimony collected from an unemployed person” does not exist in the legislation. But, the insurance policy contains a provision that in any case, the amount of payments assigned must satisfy the child’s usual needs.

In judicial practice, most often when determining the amount of alimony from an unemployed person, the child's subsistence level is used. Each region has its own indicator. In Moscow, let’s say, it is currently equal to 14,252 rubles, in St. Petersburg – almost 10,368 rubles, and in Murmansk – all 15,048 rubles. Before you sit down to calculate the monthly expenses for the needs of the child, you need to clarify what the minimum cost of living for children is established in a particular region for a given quarter.

At the employment center

How much child support should a person pay if he is officially declared unemployed? The maximum amount of benefits paid to unemployed persons in 2021 is 4,900 rubles. The state cannot provide assistance above this amount. ¼ of 4,900 is 1,225 rubles. This amount is not even enough to pay for the services of a child’s municipal kindergarten. That is why it is advisable to request payments in a fixed amount. But the downside of a fixed amount is that if the child support father subsequently gets a well-paid job, the assigned child support will remain the same. They can only be changed through the court, by filing a new claim.

How much child support an unemployed person is owed depends on how long ago they lost their job. If more than a year has passed since this moment, then the amount of alimony from the unemployed will be determined based on the minimum wage established in a particular region.

The minimum income of a working citizen living in the capital in 2021 was 17,560 rubles. Accordingly, for one child, based on this principle for determining the amount of payments, the following will be assigned: 17,560 × 25% = 4,390 rubles. For two people, alimony from an unemployed person who quit more than a year ago will be equal to: 17,560 × 33% = 5,794.80 rubles. Finally, for three children: 17,560 × 50% = 8,780 rubles.

If the parent lost his job not so long ago, less than one year ago, then when determining the amount of alimony from the unemployed, his last earnings are taken into account. In this case, certificates of income from the last place of work are requested.

If disabled

As surprising as it may sound to some, payments to children from disability benefits are also made. This is directly indicated by subparagraph a) of paragraph 2 of List 841 of the Resolution.

How is child support collected from an unemployed disabled parent? It all depends on the parent’s disability group. If the father has a disability of group II or III, under which he can work in light types of work, then the court, in addition to the share of the benefit he receives due to the child, may assign some additional amount of money. If the parent is a disabled person of group I, then you should not count on alimony amounts exceeding the share of the benefit. In any case, when determining the amount of alimony collected from an unemployed disabled person, the court will take into account information from medical certificates indicating his state of health.

If you are a pensioner

All pensioners who are obligated to pay child support pay it. The only exceptions are citizens receiving pensions due to the loss of a breadwinner. Before collecting payments from a pensioner, you need to clarify whether he works somewhere officially or not. Most pensioners in Russia are employed and receive both a pension and a salary. In this case, alimony is calculated from all types of income.

Not on the labor exchange

In such a situation, alimony from the unemployed must be collected exclusively in the form of a specific amount of money. How to determine it? To do this, you need to calculate the monthly costs for the child:

• for accommodation, payment of utilities;
• for food;
• for clothes and shoes;
• to pay for nanny or day care services;
• for children's entertainment, a trip to the circus, for example;
• for toys - what baby doesn’t need them;
• on medicines - no one is immune from illness.

For all these costs, you need to make a detailed summary list, indicating down to the penny. This list should be attached to the package of documents prepared for the visit to court. The resulting amount in the list must be divided by two, since both parents are required to bear the costs of maintaining a common child. The required figure will become the amount of the required payments. Alimony collected from an unemployed person for the maintenance of two children is calculated in a similar way.

Rubric “Question/Answer”

I want to apply for child support for a schoolchild. How can I confirm the amount of expenses for him, if due to lack of funds (we currently live on the child benefit of our second child, who is 1 year old), the eldest cannot go anywhere except school, including the annual mandatory ASI therapy against allergies?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Alas, without evidence, the court will not be able to see the real expenses for the child - therefore, it will assign fixed alimony based on justified expenses. You will have to prove your monthly child support expenses. Think about what evidence you can provide to the court:

• Monthly expenses for utilities - copies of financial and personal accounts.
• Spending on food, clothing, shoes - checks and receipts from stores.
• Medical expenses - confirmed by receipts for the purchase of medicines, payment for rehabilitation (ASI therapy). If such expenses are significant, you can put them on a separate list so that the court can see where the money goes.
• Explanations before the court - some expenses can be summarized in words.
• Invite witnesses who will confirm expenses without receipts, for example, a tutor or massage therapist.

Think about what other arguments you can make in your favor and against the defendant . Perhaps the ex-husband has an unofficial income, but spends a lot on personal expenses - buys real estate, changes a car, goes to resorts, takes out large loans. In a word, your task is to convince the court. If you have any questions, it is better to discuss them with a lawyer and build a step-by-step strategy.

The writ of execution is with the bailiffs, I have not received alimony for more than 2 years. The children's father works unofficially, once he brought money and gave it to his son - and believes that he paid in full. What to do in such a situation?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Contact the bailiff who is handling your case. The main problem in the work of the BSC is the heavy workload. Often, bailiffs themselves do not want to engage in official duties. Although in fact they are obliged to take measures and monitor the income of payers. For example, if the father works unofficially, you need to submit requests to the bank and monitor the movement of money in the accounts. In fact, if the father does not pay child support, debt begins to accumulate. It also needs to be calculated. To do this, contact the bailiff with an application for calculation of alimony arrears. Probably, in 2 years an impressive amount has accumulated - enough to file a claim for collection of arrears of alimony.

Tell me, are there any deadlines for child support payments for a non-working father?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Yes, I have. They are specified in the writ of execution, court order or agreement on the payment of child support. Usually these are monthly payments - the same as in the case of alimony for working fathers. For example, to collect _____ rubles monthly, starting from February 27, 2021 until the child reaches adulthood.

The ex-husband does not officially work. Yesterday I called with a request to pick up the writ of execution from the bailiffs. He wants to find a job, and not have debt accumulate during his search. Obliges to pay alimony. Can I meet him halfway, and what are the risks?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Revocation of a writ of execution is the right, but not the obligation, of the claimant. If you want to meet your ex-husband halfway, call him back. But you need to remember that this increases the risks (non-payment). Revocation of the IL is in no way a release of the debtor from obligations. This is a change in the method of collecting alimony - from forced to voluntary . Perhaps in your case such a step is justified. It is unlikely that an unemployed person will be able to make payments regularly, and the debt will only grow. If the father really wants to find a job and then regularly pay child support, the withdrawal of the writ of execution is justified. To do this, you need to write an application to the SSP to revoke the IL for alimony.

Hello! My husband is disabled. But he has a child from his first marriage. My wife wants to file for alimony. The spouse receives disability benefits - it is barely enough for his own needs. If alimony is prescribed, there will be nothing to pay. Tell me what to do in this case?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Disabled people are not exempt from paying alimony - by virtue of Decree of the Government of the Russian Federation No. 841. Payments are collected from their wages and disability benefits (with the exception of EDV - monthly cash payments). For one child, 1/4 of the income or alimony is received in hard cash. However, the amounts can be reduced . For example, if a disabled father needs care, the purchase of expensive medications, special nutrition, expensive rehabilitation and recovery. Of course, no one will push to the detriment of human health. Your task is to prove that your husband really needs financial help and additional funds for himself. If your ex-wife files a claim, file an objection to the claim for alimony - justifying your difficult financial situation, expenses due to disability and other expenses. The court will take into account the position of both parties.

In a word, there are enough difficulties. Many men do not want to pay alimony, so they avoid registering official income. “Gray” schemes are found all the time. It is difficult for women to deal with such phenomena. Raising a child takes a lot of time. And there is often a lack of knowledge on how to reason with your ex-spouse. It turns out that the man hides his income, pays pennies - and the mother is unable to change the situation. The child and his well-being suffer. What to do?

If you find yourself in a difficult situation and have a lot of questions, please contact our lawyers for advice. They will help you cope with a difficult matter. Even if the father does not work, he has authority over him. To do this, you need to study the situation, raise judicial practice, find sources of income and prove that the father is solvent. Legal advice will help determine a course of action. You won't be left face to face with the problem. The collection of alimony will be accompanied by a competent lawyer. Call the hotline or leave requests in the chat.

Watch a video about the amount of child support from an unemployed father of a child:
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Author of the article

Irina Garmash

Family law consultant.

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Procedure

So, where to start the procedure for collecting alimony from an unemployed person?

• Step one. We are trying to negotiate with an unemployed father on drawing up a voluntary agreement on child support. The unemployed parent may have other sources of income, such as dividends from bank deposits or income from renting out a house.
• Step two. If a parent refuses to voluntarily provide help, we will find out whether he is registered as unemployed. If so, we ask him to request a certificate from the Employment Center about the amount of benefits received. We attach it to the package of papers for the court. We also clarify when exactly he lost his job, and whether a year has passed since that moment. This information is relevant for determining the amount of alimony.
• Step three. We are collecting a package of documents for the court. Their detailed list is presented below.
• Step four. We estimate the monthly costs for the child and draw up a detailed calculation.
• Step five. Let's go to court.

The main goal is to prove in court that the requested amount of alimony is completely justified. To achieve this, it is important to correctly calculate the costs for the baby and not miss a single detail.

Collection procedure

Determining the amount of alimony is the prerogative of the court. The basis for legal proceedings is the presentation of a statement of claim, which is filed at the place of residence of the applicant.

Preparation of necessary documents

Along with the claim, the following documents must be presented to the court:

• plaintiff's passport;
• child's birth or paternity certificate;
• document on marriage or divorce;
• certificate from the father’s place of residence;
• calculation of payments;
• documents justifying the costs for a minor.

The papers are sent to the court in copies, with the exception of the calculation of alimony and a certificate from the housing office. The claim and documents must be prepared in 3 copies, one of which remains in the case file, the second is handed over to the defendant, and the third is used for proof by the plaintiff.

Trial

A claim to establish content is subject to consideration in an open adversarial process, with mandatory summoning of the parties, each of which has the right to provide their own evidence, express their position and attitude to the claims.

Not only documentary evidence, but also the testimony of invited witnesses can be used as evidence of certain facts, including the receipt of unofficial income.

The logical conclusion of the trial is the issuance of a decision on the assignment of payments and the issuance of a writ of execution on its basis, subject to transfer to the bailiffs.

Statement of claim

In 2021, there are no new requirements for writing a claim for alimony from an unemployed person. You can use standard alimony forms posted in the public domain on the official websites of court districts. The court application states that the defendant is not working and justifies the requested amount of alimony. A sample application can be downloaded here.

What documents are needed? The package of documents consists of:

• plaintiff's passport;
• a document indicating the relationship of the baby with the defendant - a birth or adoption certificate or a court decision;
• marriage or divorce certificates of the plaintiff and the defendant;
• certificates of residence of the plaintiff with the baby;
• certificates about the amount of unemployment benefits received by the defendant (if he is recognized as unemployed);
• certificates about the amount of the defendant’s pension (if he receives a pension for any reason);
• calculating costs for a child;
• papers confirming expenses: checks, receipts, etc.
• Copies are sent to the court along with the originals.

Let's summarize. Alimony from unemployed citizens in Russia is collected according to the general principle. They are awarded either in a fixed amount of money plus a percentage of the defendant’s other income, or exclusively in a fixed amount. Alimony is also withheld from unemployment benefits, pensions, including disability benefits. The only exception is survivor benefits.

The minimum alimony payment for the unemployed is not established by law. But, as practice shows, it is related to the subsistence minimum per child established in a certain region. In any case, the court assigns an amount commensurate with meeting the child’s usual needs.

Source: viplawyer.ru

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Dear visitors! Due to the fact that legal issues are individual, and articles are for informational purposes only, we advise you first of all to use the services of free legal advice. You can ask your question in this form or contact a lawyer via chat.

The debtor does not work and is disabled or retired

According to Art. 82 of the Family Code of the Russian Federation and the already indicated government decree, the following types of pensions are subject to alimony:

• accrued upon reaching the age of 60 for men and 55 for women;
• issued to disabled people;
• paid to military personnel who have retired;
• assigned to police officers and other security forces;
• relying as various additional payments and allowances;
• due to certain categories of pensioners monthly.

There is only one type of benefit for which alimony cannot be calculated - a pension due in connection with the loss of a breadwinner.

As for alimony debtors who are pensioners and disabled people, they pay them on a general basis, depending on the number of children according to the standards given above.

Often sick people with group I or II themselves need care and financial support. It is quite difficult for them to support their children on benefits. However, the law does not provide any relief for them. But, if a difficult situation arises, a disabled person has the opportunity to go to court with a request to reduce the amount of alimony obligations. Based on the specific circumstances of the case, the judge may meet him halfway.