The number of single-parent families in Russia has grown to 30%. What if you are a single mother and have to raise a child without the participation of a father? How to protect the interests of your child and on whose side is the law? We asked lawyer Oleg Sukhov topical questions.
If your child is under three years old, but you do not receive material support from your husband or ex-husband, then you should remember that you can claim alimony not only for the child, but also for yourself.
How is alimony collected?
You can apply to the court to pay child support and pay child support to you if your child is under three years old. If there is an opportunity to agree voluntarily, without a trial, then you can sign a notarial agreement. And it will simplify the procedure. Firstly, a notarial agreement can be signed within a few hours and on the basis of it it is already possible to receive funds. Secondly, you yourself will decide what amount will come from the father of your child.
Alimony Payment Agreement:
- It is concluded between the person obliged to pay the alimony and the recipient;
- Regulates the size of the condition and the procedure for paying alimony;
- Prepared in writing;
- Must be certified by a notary;
- Has the force of a writ of execution.
If suddenly the spouse does not fulfill this agreement on the payment of alimony. It has the force of a writ of execution and can be immediately submitted to the bailiff service, bypassing the court.
If an agreement on the payment of alimony cannot be signed (one of the parties refuses to sign it or the parties cannot agree on its content), then in this case it is possible and necessary to go to court. That is, you submitted an application, indicated that you want alimony to be collected from your spouse / ex-spouse / father of your child or children, then within five days from the filing of this application, the court issues a court order.
There are two ways to go to court
1. Simplified (order of production)... The court issues a court order within five days from the moment you filed the application and sends it to the debtor, i.e. to the person in respect of whom the court order for the payment of alimony has been issued. He has the right to appeal or not appeal within 10 days. If he does not appeal it, then the court order is transferred to the bailiff service, which we will talk about a little later, and if he appeals it, then the court order is canceled and a claim can be filed for the recovery of alimony.
Order of production:
- It is carried out without calling the parties to court (the case is considered by the judge independently);
- It is based on a court order, which is a court order and an executive document;
- The court order is issued within five days from the date the application is received by the court.
2. Proceedings - the second version of the alimony proceedings. In this case, a statement of claim for the recovery of alimony is filed with the court in the same way, the relevant documents are attached. The application is already being considered here within 1-2 months.
Claim production:
- Takes place in a court session with the participation of both parties;
- The court decides on the period, amount, method of transferring alimony;
- A writ of execution is issued on the basis of a court decision;
- The court considers the application within 1-2 months.
How to determine the amount of child support?
Alimony can be collected in two ways:
- In percents in relation to the spouse's income: if you have one child, then 1/4 of the income, if two - 1/3, if three or more - this is half of the spouse's income.
- If the spouse has no income or his income is constantly changing, or he receives income in foreign currency, or for some other reason it is difficult to collect alimony as a percentage of income, then alimony is collected in a fixed amount of money. They can be recovered, absolutely, in any size: from small to large. The court makes a decision and issues a writ of execution, the writ of execution is transferred to the bailiff service.
Recovery of alimony in a fixed amount is established if the defendant:
- Has no permanent income;
- Receives income in foreign currency;
- Has no official income.
How to receive the money?
To get the money, you need to start a new procedure - a new machine of enforcement proceedings. Those. You take a court order or a writ of execution and carry it to the bailiff service. Or ask the court to send it by mail to the bailiff service. Better to do it yourself! And it will be faster.
The bailiffs initiate enforcement proceedings, notify the debtor that there is a writ of execution, there is a resolution to initiate enforcement proceedings, and ask the debtor on a voluntary basis to pay the N-th amount, which was awarded by the court, monthly.
What if the debtor does not pay child support?
How can you influence or induce or maybe punish him? There are several options.
Option number 1 - go to court with a claim for deprivation of paternity;
Second - bringing to administrative responsibility. If a person does not pay child support for more than two months for no good reason, then he can be brought to administrative responsibility - this is a fine of 20 thousand rubles, this is an arrest for a period of 15 days, this is corrective forced labor for up to 150 hours.
Third - if the debtor does not maliciously pay you alimony, then he can be brought to criminal liability. Criminal liability is possible: if alimony is not paid several times in a row (malicious evasion), when you constantly don’t pay, the bailiffs constantly send you a demand for alimony payment, but you don’t pay; if you have been brought to administrative responsibility at least once. Criminal liability is imprisonment for up to one year, i.e. you can really be jailed for a year.
What if the debtor does not pay child support?
- Submit a claim for deprivation of parental rights;
- To bring the defendant to administrative responsibility;
- Bring the defendant to criminal liability;
- Submit a statement of claim for the recovery of a forfeit for alimony.
Another interesting option that I highly recommend using is forfeit. If alimony is not paid, then you must remember that you have the right to file claims for the recovery of a forfeit. She's just huge! And it cannot be reduced, which is very important!
The penalty for non-payment of child support is 0.5% for each day overdue.
For those who do not pay child support, it is still recommended to pay them. First, because you pay them for your children. It is very important, it is very necessary that they develop normally, be educated and trained. Secondly, you need to remember about the responsibility: administrative, criminal and property, which are able to attract to the fact that you will be made bankrupt, when they collect a penalty in the amount of several million rubles, and then foreclose on all your property. You just stay on the street. Therefore, remember about your children, remember your obligations and remember that you will be severely punished if you do not pay child support and provide for your children.
