The second parent who does not live with the child must participate in his/her support and pay child support. However, this money is not always enough to provide children with normal living conditions. Russian legislation has long provided that it is possible to receive so-called additional alimony - in the form of payment for additional expenses for a child (mainly for treatment or care for a disabled child). In 2021, a new law was adopted that allows you to also claim housing alimony (for housing for a child). You can count on them in a difficult life situation and provided that there is no suitable housing for living . Parents can reach an agreement voluntarily or, if that doesn’t work, then through the court. Let's look at how housing alimony is assigned, when you can count on it, and what current judicial practice is.
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Law “Parents’ participation in additional expenses for children”
In October 2021, bill No. 809049-7 was introduced into the Duma, and adopted and signed by V.V. Putin 02/06/2020
The law was considered quickly, without discussion, since a long-standing problem related to the difficult financial situation of the spouse, who had children after the divorce.
As a rule, the “free” husband created a new family, paid minor alimony or ignored it altogether.
Now V.V. Putin made it mandatory to provide children with housing after a divorce, and the Federation Council fully approved this proposal.
The law (Federal Law-10 of 02/06/2020) is essentially an amendment to the current Article 86 of the RF IC and introduces something new to the paragraph “Parents’ participation in additional expenses for children.”
The deputies decided that divorce is not a reason for the father to remove himself from the child’s housing problems.
And, if the children remain with the mother, and she does not have her own home, or she did not have it after the divorce, the parents are equally obliged to pay for renting an apartment or a mortgage.
Important! We are not talking about the purchase of square meters by the father if the family broke up and the children remained with the mother.
The burden must be distributed equally between the two parents, as provided for in Art. 81 of the RF IC, which states that parents are equally obliged to provide for their children.
Official Divorce Bill 2021
Schemes for conducting divorce proceedings provided for by Russian legislation:
- the simplified procedure is applied with the mutual consent of the husband and wife who do not have minor children;
- divorce through the registry office if one of the spouses does not agree;
- proceedings in federal court in the presence of serious property disputes, which can significantly complicate the process.
The main basis for divorce is the submission of a written application by one of the spouses. The divorce certificate is issued by an administrative officer. If one of the spouses refuses the claim, he can go to court.
The statement indicates the reason for the divorce:
- one of the family members is officially declared missing;
- one of the parties became a participant in a criminal offense;
- long-term residence of spouses separately (more than 10 years);
- incapacity of one of the spouses;
- personal data, presence/absence of children.
These reasons must be confirmed by relevant documents and regulations.
What is a child entitled to from his father besides alimony?
The concept of “additional costs” is spelled out in Art. 86 RF IC.
It says that in certain circumstances, one of the parents has the right to demand additional funds (in addition to alimony) if:
- The child requires treatment due to a serious illness.
- The baby was injured and mutilated.
- Additional child care is required with the involvement of third parties.
That is, the law initially provided that a parent who does not live with the children must not only pay alimony, but also bear expenses for additional expenses that arise.
All this can be obtained on completely legal grounds, if the husband refuses - through the court.
Now the list has been added to the fact that during a divorce, the father must provide the child with housing.
In other words, if a mother and her children find themselves in a rented apartment after a divorce or still have a mortgage, the ex-husband is obliged to pay rent or bank obligations.
Important! There are no specific figures for how much a father should allocate for housing to children during a divorce. This is considered in court based on each claim, the income of both parents and other circumstances.
Housing alimony by agreement in 2021
The form and features of concluding an agreement on alimony are established by Chapter 16 of the RF IC. In accordance with Art. 100 of the RF IC, the document must be certified in writing by a notary. In order to draw up an agreement to provide a child with housing support in 2021, you need to do the following:
- Verbally discuss all the details of housing alimony. Perhaps the parents will choose the option of transferring monthly payments, or one of the parties will pay for the long-term rent of the apartment. In the situation under consideration, citizens have complete freedom of action.
- Draw up a draft agreement in written format. It is advisable to make two document formats - printed and electronic.
- Collect documents: parents’ passports, birth certificate (passport) of the child, income certificates of each party, rental agreement or purchase and sale of real estate, if available. Depending on the situation, the notary may request additional papers, so it is better to clarify this issue in advance.
- Make an appointment with a notary.
- At the appointed time, come to the specialist and provide documents. As part of the reception, sign an agreement on housing alimony in triplicate. One document remains with each of the parents, and the third option will be in the notary’s archives.
From the moment the agreement on the payment of child support for housing is signed, all provisions of the agreement come into force and begin to apply.
In order to draw up an agreement on the payment of housing alimony in 2021 without the help of lawyers, you need to use a sample template that you can use.
Guarantees of housing for a child when parents divorce.
The law to provide housing during a divorce was not adopted by chance. This measure should help the parent with whom the children remain, not to worsen their living conditions.
Across the Russian Federation, a lot of cases have been registered where a husband, during a divorce, kicks his ex-wife and children out of the apartment, forcing them to live in unsightly conditions, to huddle with relatives, friends, or in a hostel.
Often the ex-wife and child remain in the apartment purchased with a mortgage, but her income is no longer enough to pay off bank obligations.
Previously, the courts considered claims related to increased alimony.
The requirement for additional expenses for the child, but there was no law on which the court could rely specifically in the case of providing housing.
Now the list of life situations has been expanded and claims will be easier to satisfy.
Children have the right to housing.
It should be understood that the father pays additional amounts for housing specifically to the children in order to provide them with decent living conditions.
There is no talk about paying the ex-wife; she, like the ex-husband, is obliged to make an appropriate contribution to the maintenance of minor children.
It must be remembered that in case of divorce and division of jointly acquired property, shares are not allocated to children.
They move to live in the living space where the parent remains, with whom, according to the court, they will live. There is only mandatory registration.
The exception is apartments purchased with maternity capital funds, or with the participation of privatization, when a mandatory share is allocated for children.
Division of an apartment in case of divorce with children.
Can they take away their housing for alimony debt in 2021?
If the payer has accumulated a large alimony debt, the bailiffs have the right to foreclose on the property. Thus, officials can seize real estate (or funds) and sell them, using the proceeds to pay off debt obligations to people in need. This situation is directly reflected in Part 1 of Art. 69 Federal Law “On Enforcement Proceedings”.
At the same time, Art. 446 of the Code of Civil Procedure of the Russian Federation fixes a list of types of property of the debtor in 2021, which cannot be foreclosed on. Part 1 art. 446 of the Code of Civil Procedure of the Russian Federation indicates that such real estate includes a dwelling, which is the only one suitable for living for a citizen-payer and his family.
For your information
Thus, the debtor’s only home cannot be seized and sold for alimony debts in 2021. If the payer owns several real estate objects, the property is seized according to the general rules.
When after a divorce you need to file for additional housing costs.
There is no statute of limitations, and there is no established period during which, after a divorce, you can file a lawsuit to demand that your ex-spouse extract additional housing costs.
The main criterion is the need and age of children under 18 years old.
The court may order compensation for expenses already incurred or set an amount to be paid in the future.
Before the law was signed, there was no judicial practice on the issue of providing children with housing. Therefore, it is impossible to say what decisions will be made in court.
Alternatively it could be:
- Purchasing a separate home in the name of a child or several, allocating a share for each.
- Compensation for part of the rent (the exact amount or percentage of earnings has not been established).
- Providing the child with the right to use their own housing.
It is assumed that in each specific case the decision on the claim will be different.
Perhaps in the future, it will be necessary to amend the law adopted in February 2021, according to which the father is obliged to provide his children with housing.
Question to the expert
Hello! We have been renting a house with our child for 2 years. My father lives in a 3-room apartment and recently purchased another apartment and has a plot of land the size of a house. Everything was purchased during marriage, and a marriage contract was written in 100% favor of the husband. I would like him to provide an apartment for a minor child, and while we are renting, he would pay part of the rent. Is it possible to do something and what can you count on?
Good afternoon If the child lives in rented housing, and the father lives in a three-room apartment, then you have the right to file a claim in court for housing support. The amount of such payments is set by the judge, usually 50% of the rental price.
Is it possible to replace alimony with an apartment?
What are personal non-property and property rights of spouses
The list of the main intangible benefits of a husband and wife includes:
- implementation of professional activities;
- free choice of interests;
- freedom of movement and residence;
- equal rights to family planning and raising children;
- equal right to material goods (house, apartment, cash account);
- other family issues.
Relationships of this kind are not regulated by a marriage contract, do not end after marriage, and are not subject to the influence of one of the spouses.
The list of parental rights and responsibilities for raising children (including adopted children) for both spouses is regulated by Article 47 of the Family Code:
- care, development, communication with your children;
- protection and representation of the interests of minor children before third parties;
- participation in the educational process;
- assistance in providing medical care.
Which banks provide mortgages for construction?
“In almost all regions there are large banks that issue mortgage loans for these purposes,” explains real estate investment expert, head of a real estate agency Andrei Mozol. ― Among the largest are Sberbank, RosBank, VTB, Dom.RF. Conditions vary from bank to bank; they need to be clarified with the financial institution. But there are also general ones: the rate is from 4.6% per annum, the down payment is from 0%, the term is up to 30 years.”
According to the expert, the most favorable conditions offered by banking organizations may turn out to be a marketing ploy. For example, subject to lending at 5%, the bank can limit the period of use of loan funds to five years, and if the term increases, it can increase both the rate and the amount of the down payment.
Therefore, it is necessary to evaluate the terms of a mortgage for building a house taking into account weighted factors: you should initially decide on a “comfortable” monthly payment amount, the possibility of paying a down payment, and only then select programs that meet your expectations and financial capabilities.
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Do they provide a mortgage for construction without a down payment?
“The main disadvantage of such programs is the high lending rate,” notes real estate investment expert Andrei Mozol, “as well as the low chance of getting approval for a loan.”
As a rule, the contribution amount is 15–25% of the requested amount. The borrower’s ability to deposit this amount serves as a signal for the bank of the client’s solvency and allows them to offer more favorable lending conditions due to the low risk of refusal to return funds.
The down payment on a mortgage for building a house can usually be made using maternity capital. At the same time, the use of maternity capital is allowed only in case of lending for the construction of a residential building, while it is impossible to build a garden or summer house with these funds.
How to pay child support if you have loans
Important
Alimony and credit: what to pay first? Here you should know that first of all you should pay for the benefit of the child, because this obligation is expressly provided for by family and civil law
A set percentage is withheld from the salary (25% per child), and how the spouse manages the rest is not particularly important. You can pay without any order, but so that the salary is enough to pay for the maintenance of children.
By this we want to say that paying off a loan is not a reason why you can not pay (or pay a smaller amount) alimony payments. This will not matter to the court, which means that such behavior may become the reason for legal penalties. For example: at the time of the divorce, a citizen already had certain credit obligations.
The emergence of third-party obligations (except for raising children or second alimony obligations) is, as a rule, not taken into account by the court. Those. Waiver of alimony for loan repayment is impossible. Alimony and salary deduction loan? For example: if there is a writ of execution for alimony and a loan, then the bailiffs will primarily monitor deductions from wages for alimony payments.
Accordingly, the lender will receive funds in smaller quantities. Bailiffs have the right to withhold from wages for alimony and credit amounts amounting to a maximum of 70% of the original amount. In this case, you should try to reduce the number of deductions, because
