Terms of payment of alimony

According to statistics, every third family disintegrates, there are many reasons and all of them are different. With divorce, not only does the union collapse, but the issue of paying alimony for children under the age of 18 arises sharply.

When a divorced child remains in the care of onefrom the parents, in most cases with the mother, and the father is responsible for keeping the child until the age of majority by monthly transfer of money - alimony.

The procedure and conditions for payment of alimony and all relevant legal relations are regulated by the Family Code of the Russian Federation.

Since the child left in the care of onefrom parents, a minor, a legal representative acts on him, who must apply to the court at the place of residence with a request to recover from the debtor (the second parent) the funds for his maintenance.

The basic ones are: the age of the child and the proven family relationship between him and the debtor obliged to pay alimony. A person who has the right to receive cash may apply to the court for the recovery of such funds, regardless of the period that has elapsed since the time when the right to receive cash was raised. In most cases, it is awarded from the date of going to court, but sometimes the order of payment of alimony may vary.

So, if in the course of consideration of a case requiringthe party will be proved that even before the appeal to the court attempts were made to get money for the child, but the alimony employee shied away from paying them, then this body can recover money for the previous period, but not more than for three years.

In practice, there are two options for payment: voluntary and forced

1. When payment is made voluntarily or at the initiative of the parent who is entrusted with this duty, an agreement is concluded between the former spouses, which regulates the procedure, size and terms of payment of alimony.

2. If for any reason the obligated party avoids making money for the child, the penalty will be made on the basis of executive document. This is followed strictly by the personnel service of the place of work of the debtor or the administration of this enterprise. The deductible funds are either transferred to a settlement account or transferred personally to the recipient of alimony.

There are cases when the official salarythe debtor - is low, and it is not enough to repay the whole amount of alimony for a hundred percent, in this case for full payment can be withheld from existing accounts in banks or levied for collection of certain property of the debtor.

In accordance with the norms of the Family Code,the amount of alimony depends on the number of children of the debtor. If a person has one minor child, the amount of recovery will be 1/3 of his salary, if two, then 1/3, if three or more, then half of the salary.

The obligation to pay alimony is terminated when the child reaches the age of majority. But there are often cases when there are conditions for the payment of alimony, under which the term of their extension is extended:

Persons who have reached adulthood have the right to receive alimony even further under two conditions:

• incapacity for work with the award of any disability group to the child;

• acute need for additional funds (it is determined exclusively by the court in each separate hearing).

Taking into account the annually increasing number of persons,having no permanent income, or actively hiding their real earnings, the government decided to develop a bill that establishes a real minimum of recoverable alimony. It will depend not on earnings, but on a specific, officially fixed amount.