What documents are needed for alimony after divorce? The amount of child support after a divorce - the main criteria when determining the amount of payments. During a divorce, how is alimony paid?

Unfortunately, many modern families are faced with all sorts of personal problems. Often the couple cannot stand the test, which is why divorce occurs. Relationship breakdown can happen even if there are children. Often, after the divorce, one of the spouses must pay a monthly amount for the maintenance of minors. Few people are familiar with the provisions of modern legislation, so they do not know how money is transferred.

What is alimony relations in the family code

If there are disabled minors, then a working citizen who is a relative of these people is obliged to help them financially. This provision is established by current legislation. The Family Code concludes that alimony relations are possible if there is an appropriate agreement between the payer and the recipient or after a representative of the authorities makes a court decision to collect money.

When a minor or disabled person (this may be a pregnant woman) receives financial assistance from a working spouse, payment obligations arise. Spouses independently agree on the procedure for transferring money during a divorce for one child, or this issue is decided by the court. Any agreement should be drawn up by a notary, so that later there will be no problems when making claims.

Legal regulation

Chapters 16 and 17 of the Family Code of the Russian Federation contain the specifics of paying alimony in case of divorce for one child by agreement of the parties. If a court decision is made to recover money, then subsequent transfers will be made in accordance with Chapters 13-15 and 17 of the Family Code of the Russian Federation (some norms establish the procedure for paying money to persons under three years of age). The law makes a clear distinction between two methods of transferring funds (by court decision and agreement of the parties). If the spouses have drawn up and certified an agreement, then recovery of money in court is unacceptable.

Parties to the alimony payment agreement

When a marriage is dissolved, both spouses must participate in the collection of money. A minor will be present on some side of the alimony relationship. The spouse who lives with the minor citizen becomes the payer. The recipient of the money is considered to be an incapacitated citizen. Due to the fact that a minor does not have the right to act on his own behalf, the second spouse who lives with the minor signs the agreement or collects the money.

Sometimes money is transferred to disabled adults who can officially act as recipients. Such situations occur, for example, when a person has a disability and is unable to earn money on his own. In addition, the agreement can be concluded with the consent of the father or mother to pay money until the completion of the minor’s studies at the university.

If we talk in detail about the recipient, then sometimes it is one of the spouses. This could be a woman during pregnancy, a mother on maternity leave, or simply a disabled person who needs financial support. However, such situations arise much less frequently than cases related to the payment of money for a disabled, minor person.

Terms of alimony payments

Modern legislation contains some provisions establishing the conditions for the payment of funds. Transfers are possible if:

1. Relationship established. There must be information that the person is the son or daughter of a particular person. If necessary, a DNA testing procedure is carried out to help establish paternity. Only after determining who the father is can the claim be considered.
2. The recipient is no more than 18 years old. As a rule, upon reaching the age of majority, child support obligations automatically terminate. However, if the person is disabled, the payment period may be extended.
3. The parent has money to transfer. In other words, the person must be able to transfer money. According to the law, if there is no income or property, the parent is not relieved of the obligation to support children. If in fact a person does not work and has no property, then this may be an obstacle to the full provision of a minor.
4. The statute of limitations for the claim has been taken into account. If a parent submits an application, then when determining the amount of debt, only the three years preceding the application to the authority are taken into account. In other words, money is not paid for a lifetime, but only for 3 years.

What documents are required

As mentioned earlier, there may be an agreement drawn up by the spouses independently, or a court decision. To draw up the first version of the document, you need to go to a notary with:

• Spouses' passports.
• Marriage certificate.
• Child's birth certificate (a copy of the certificate is also required).

After studying the listed papers, the specialist asks you to sign an agreement. If one of the spouses does not want to pay child support for one child and refuses to enter into a voluntary agreement, then you can file a claim. Go to the court staff with:

• Passport.
• Child birth and marriage certificates.
• A statement of claim drawn up in accordance with all established rules (a copy of the document is made and submitted in 3 copies).

Methods of appointment

Parents may be divorced or simply not living together. Spouses must make efforts to support minors. If a constructive relationship remains between the parents, then they independently decide what amount will be paid to the minor. Concluding an agreement is the best option because it avoids paying state fees, stress, and saves time. If you are unable to solve the problem yourself, you should contact the court staff with a corresponding statement.

Voluntary agreement with a notary

An agreement to transfer money to a minor is a written agreement. The document must be certified by a notary. An oral agreement between the parties is allowed when the parents verbally determine the amount of alimony, the order, and the time of their payment. However, be aware that there is a risk that the payer will refuse to transfer the money at any time. Then it makes sense to file an application for forced collection of funds.

The money transfer document must be created in such a way that its clauses do not violate the rights of the recipient family members. If someone's rights are violated during the process of drawing up an agreement, it is considered invalid. For example, an incorrect amount for payments is often indicated (lower or higher than the amounts that may be established by the court).

An agreement drawn up voluntarily by spouses can be concluded for a long time. During this period, parents may experience some financial changes. If a parent began to be registered in another organization or had children, then this should be indicated in the agreement. If necessary, you can terminate the document.

Judicial proceedings

It is worth filing a claim for the recovery of alimony during a divorce for one child when it was not possible to achieve a voluntary payment of funds (the spouse refused to draw up an alimony agreement). Often the application is submitted by the spouse with whom the children remain living. Claims are considered by magistrates. They are worth contacting if you need to consider a case regarding the collection of funds. If there is a dispute about the place of residence of a minor, you should contact the district court. This authority can help if you need to collect alimony and establish a relationship at the same time.

Rules for calculating child support

Few people know what the percentage of child support is for one child. When making a court decision, it is taken into account whether the parent is employed and whether he receives a regular salary. If so, the amount of alimony is determined as a percentage of income. Alimony in a divorce for one child must be 25% of the parent's earnings. If there is an unemployed spouse, the amount of alimony is determined as a percentage of the minimum wage.

If you are interested in how much alimony is due for one child if you have a spouse whose salary is unstable, then know that the court orders payment in the form of a fixed amount. The amount of alimony is determined according to the subsistence level of the recipient's region (the amount must not be lower than the subsistence level). When making a decision, the needs of the children and the capabilities of the payer are taken into account. Sometimes the court determines the amount for a one-time payment or makes a decision to transfer valuable property into the ownership of a minor.

Married

Often there is a need for additional funds when spouses are legally married and do not file for divorce. The father, who is a potential payer, may live with the children and their mother. Modern legislation provides the opportunity to pay money when a divorce has not been filed. The main condition for demanding payment of money for a son or daughter is the presence of a relationship between the parent and the children. In addition, it is important that:

• The union was official.
• The daughter or son really did not have enough money for full development (as a rule, the funds go to study, food, clothing).
• The second spouse had funds for the transfer.

Outside of marriage

If there is a common-law husband who does not officially work, the court orders alimony in the amount of the subsistence level. It takes into account whether the parent is included in the birth certificate. If necessary, you should undergo a DNA test. Keep in mind that legal kinship carries more weight than biological kinship. To recover funds, contact court officials with a passport, a certificate confirming paternity, a birth certificate, and a certificate of family composition. In addition, you will need to draw up an application for recovery of funds.

Child support during divorce

You can collect money after some time has passed after the divorce (there are no restrictions). Keep in mind that if the ex-spouse refuses to support the minor, then you can receive money from him only if there is a relationship. If he is not there, then the ex-wife applies for a DNA test to identify the biological father. Sometimes, in order to recover funds, it is necessary to prove that a person lived for some time with a woman with children.

From what income is child support deducted?

The legislation of the Russian Federation establishes some rules for calculating funds for a minor. The amount can be withheld from:

1. Official income of the person.
2. Wages received after selling products or providing some services.
3. Salary received for professional excellence.
4. Payments accrued for the period worked in a public position.
5. Benefits from the labor exchange for temporary disability.
6. Pension contributions.
7. Income received from renting out an apartment, house or other property.
8. Scholarships from educational institutions.

Payments from which deduction of alimony is prohibited

The legislation includes provisions regarding funds that cannot be used to accrue child support payments. Such payments include:

1. Pension received upon loss of a breadwinner.
2. Funds provided as maternity capital.
3. Money accrued to restore health that was lost as a result of performing official duties.
4. Means for providing comprehensive care for disabled persons.
5. Funeral benefits.

Amount of child support for one child

If a voluntary agreement is drawn up, then know that alimony must be indexed . Their size cannot be lower than the established percentage of official income. For a non-working citizen or a person with irregular earnings, a payment is assigned that is not less than a monetary amount, which is determined based on the subsistence level of the region where the recipient lives.

In the absence of an agreement, the minimum amount of alimony is determined by the court based on information about the defendant’s employment. When a court decision is made, the payment cannot be set less than the minimum wage. If the claimant does not prove that the parent has additional income, then, as stated earlier, alimony will be calculated as a percentage of the minimum wage in the country. To collect money from a non-working citizen, the court is guided by the cost of living of the region where the recipient lives.

As a percentage of income

If official earnings are established, then the amount for one minor will be equal to 25% of the person’s income level. Changes in the amount of payments may be accepted in the presence of special circumstances of the parties. As a rule, when calculating the amount of money, the judicial authority takes into account the financial and marital status of the parents (living conditions, wages, etc.).

In a fixed amount

Payment of funds is assigned in absolutely any amount (there is no maximum limit). When determining the amount to transfer, the judicial authority is guided by information about the children’s lifestyle. The usual level of support for a minor is taken into account, the financial and marital status of the parents, and other circumstances worthy of attention are taken into account. Subsequently, the amount of alimony may be increased by the court, taking into account the financial situation of the minor. To reduce the amount of payment, serious reasons are needed.

In kind

According to the Family Code of the Russian Federation, alimony in kind is possible by voluntary agreement of the parties. The recipient should not be against this form of payment. When drawing up an agreement, the parents determine the amount, procedure, and method of paying alimony in kind. Keep in mind that if a claim is filed, alimony will only be paid in the form of cash.

How is child support paid after divorce?

After a divorce, a person can apply to court officials with a request to transfer money for a minor. An appeal to court officials is the basis for starting legal proceedings. Please note that the statute of limitations rules do not apply to alimony relationships. The spouse has the right to apply at any age of the children until they reach 18 years of age. If a positive decision is made, the money is accrued from the moment the application is made to the judicial authority.

Collection procedure

Collection of funds is carried out by judicial authorities. If there is an agreement in hand, the terms of which are not fulfilled by the father or mother, then the legal representative of the children has the right to submit an application to the bailiffs to begin enforcement proceedings in the case. This is possible because a notarized agreement has the force of an executive document.

When a court decision is made, the procedure for transferring funds is determined. Subsequently, the process of transferring money is controlled by bailiffs. The amount is withheld from the person's salary. The amount of payment is equal to that specified in the writ of execution issued after the court decision. The administration of the institution where the defendant is registered transfers the amount to the recipient's account. If property is recovered, it is subsequently sold at auction. The proceeds go to the account of the children's legal representative.

After the end of the trial and a decision on the transfer of funds by the parent, the procedure for collecting money begins. The basis for this is the presence of a writ of execution. Responsibility for collecting money falls on the organization in which the defendant is registered. The accounting department accrues funds to the account of the legal representative of the minor. If for some reason the payment of money is suspended, then the debtor is charged a penalty.

Payment methods

The payer has the right to agree to the transfer of funds from the income received. To do this, a writ of execution from the court or a voluntary agreement of the spouses certified by a notary is presented to the organization’s accounting department. The documents must indicate the account to which the money should be transferred. If it is necessary to pay a fixed amount, the payer must make a bank transfer or transfer money in cash. In the latter case, a receipt must be drawn up confirming receipt of funds.

Reasons for termination of alimony payments

Often the transfer of funds is terminated by voluntary agreement of the parties. If a mother refuses to transfer money, then she must realize that she is speaking on behalf of her children. After a divorce, the mother may not contact the court officials with an application to transfer funds to the minor. If the claim is filed and documents confirming the relationship are presented, then the father can no longer refuse to transfer the money. Termination of alimony relationships occurs when:

• Children reach 18 years of age.
• The condition that the person with whom the minor lives after the divorce no longer needs financial assistance.
• Expiration of the voluntary agreement of the parties.
• Establishing the fact of death of one of the parties.

Video

During a divorce, one party has the right to demand financial support from the other party. In this case, proof is required that one of the spouses is not able to support themselves. Divorce and alimony in 2020 remained virtually unchanged compared to the previous year.

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Legislation

The current legislation of the Russian Federation provides for the rules for the payment of alimony. They are established by the Family Code of the Russian Federation. The rights and obligations of each party after a divorce are specified in

They establish in detail the reasons and methods for collecting alimony, and their amount.

Recovery of maintenance

The main financial difficulties that may arise after a divorce are related to:

• the presence of common children;
• loss of ability to work;
• receiving a degree of disability.

For my wife

Alimony after a divorce for the maintenance of a wife can be paid if one of the following grounds exists:

• upon divorce, the spouse was pregnant;
• during a divorce, the wife is on maternity leave to care for the baby;
• the ex-wife is raising a disabled child and therefore needs financial support;
• the woman is disabled, she has been assigned a degree of disability, or has reached retirement age.

For one child

The situation gets worse if there are children in the family.

Assigns responsibilities related to the maintenance of minors to parents. Until the child turns 18 years, he will receive alimony.
Termination of duty:

• upon emancipation of a child (). Emancipation – obtaining rights and legal capacity;
• upon entering into a marriage relationship.

The allocation of financial resources in the event of a parental divorce is also transferred to the adopted child.

For two children

If there are two children in a family, then the parents are faced with the question of who they will stay with:

• if the children stay with their mother, then the father transfers money for maintenance;
• if the children remain with the father, then money can be collected from the mother if she is able to work;
• if one of the children remains with the father, the other with the mother, then alimony is not paid.

The exception is the mother's incapacity to work, then the spouse pays alimony.

For children

If there are more than two children in the family, and they all stay with the mother, then the father must pay most of the funds. 50% Now the amount of alimony is

from his salary.

In some situations this decision can be challenged. By court decision, this amount may be increased or, conversely, decreased.

Methods for collecting alimony

• The legislation of the Russian Federation establishes two methods for collecting alimony:
• voluntary agreement on certain grounds;

forced agreement through court proceedings.

Voluntary One method is to draw up an agreement to pay alimony.

It is concluded if there are no conflicts between parents.

• It can be concluded:
• when the spouses were still married;

after its termination.

The agreement is executed in writing and must be certified by a notary. Otherwise, the document cannot be called effective.

Forced

It is possible to collect alimony through the court only if there is no agreement on the payment of alimony. A court case is initiated on the basis of an application from one of the parties.

The statement of claim must be submitted in three copies. Two of them must be sent to the court office, the other must be left in your hands.
All cases related to the maintenance of children can be considered by magistrates.

Exceptions are situations where, along with a claim for alimony, a demand to challenge paternity is attached, the case goes to the district court.

The registered address of the defendant - the alimony payer - may be indicated.

Video: alimony during divorce

How to calculate correctly The method for calculating alimony is different.

This depends on the collection method that is used.

With voluntary agreement

According to the alimony agreement, calculation can be carried out in the following ways:

• in shares;
• in fixed amounts of money paid once in a certain period;
• in fixed amounts of money paid at a time;
• in the form of certain property.

When detained through court

If child support is withheld by the courts, then the calculation is carried out according to the standard scheme and established provisions.
It is worth highlighting that during the trial, alimony can be reduced or increased. This will depend on the financial situation of each party.
Other factors may be taken into account, including who the children remain with after the divorce.

From what income is alimony collected?

Collection of alimony occurs from all types of wages or additional remuneration that can be received at the main place of work.

Collection is also carried out from joint work, including:

• from wages that were accrued at the tariff rate;
• official salary for a certain period of time worked;
• for activities that were carried out on a piecework (agreed) basis;
• for income from the sale of goods and services, from remuneration;
• from financial resources accrued for salary or other payments that are accrued to individuals for the time they worked while holding public office;
• from funds accrued to municipal employees;
• from fees received in media editorial offices or similar arts organizations;
• the amount of additional payments for the professional skills of employees, length of service, etc.

Also, alimony is withheld:

• from any type of pension, bonuses to it, increase;
• from a scholarship paid to students at an educational institution of any level;
• if the father does not work, then from benefits paid for temporary disability;
• from funds from the labor exchange, if the payer is a member of one;
• from income from property leased to other persons.

What income is prohibited from withholding?

In accordance with the law, it is prohibited to pay alimony from the following types of income:

• from financial resources paid in connection with the death of the breadwinner;
• from amounts paid to persons in connection with injuries received during the performance of official duties;
• from compensations paid to care for disabled persons;
• from maternity capital;
• from social benefits paid for the funeral.

How much alimony do you need to pay during a divorce?

If the parents agree, the amount of child support required to be paid is established by both parties.

In percentages

When filing a claim, the following is paid as a monthly percentage:

• 25% of salary for maintenance one child;
• 33% for maintenance two children;
• 50% of salary for alimony for three or more children.

In a fixed amount

If the payer has no official income, the court obliges him to pay fixed alimony.

They can be based on the minimum wage, which in 2020 is equal to 5554 rubles. In other cases, alimony is established by the court, also in a fixed amount.

They are payable every month.

What documents are needed for alimony

To receive alimony, you need to collect all the necessary documents. If necessary, the court may request additional papers.

Statement

When going to court, you will need to write a statement of claim.
It must indicate:

• the name of the judicial organization in which the proceedings in this case will take place;
• Full name, registration address of the plaintiff and defendant;
• reasons indicating the need to pay alimony.

These include information about divorce and minor children.

If the parents decide to enter into a voluntary agreement, then there is no need to file a statement of claim. All you have to do is take the agreement form from the notary’s office and fill it out.

You will need to attach additional documents to it, a list of which is given below.

Additional documents

In addition to the statement of claim, you will need to attach a list of additional documentation:

• children's birth certificates;
• an extract from the home book about the child being dependent on the father;
• divorce certificate;
• a copy of the application that will need to be given to the defendant.

Procedure for submitting documents

During the trial, the following procedure for filing documents must be followed:

• Initially, you need to make copies of your passport, child’s birth certificate, divorce certificate;
• Next, you need to apply for an extract from your home book. In some situations, the judge may require a certificate of complete family composition;
  

  You can get it from the housing and communal services organization.

• it is required to provide an estimate of funds for maintenance and payment of alimony to the child;
• if the plaintiff knows about the income that the defendant has, then he must mention them in the list attached to the application.
  

  All documentation along with the claim must be submitted simultaneously to the court.

Indexation of alimony during divorce

When paying alimony, a mandatory condition is its indexation. Each party must provide for the indexation procedure, otherwise it will be carried out in accordance with
It specifies the indexing requirements:

• in proportion to the increase in the cost of living, which is determined by the constituent entity of the Russian Federation;
• proportional to the increase in the cost of living in Russia as a whole.

Alimony established on the basis of a voluntary agreement is also subject to indexation.

Termination of payments

The court may order the termination of alimony payments. This may be influenced by objective reasons or the refusal of the spouse.

Objective reasons

Alimony payments may be terminated on the following grounds:

• upon the death of one of the parties;
• if the voluntary agreement has expired;
• if the child has reached the age of majority;
• if the court recognizes the cessation of the recipient's need for assistance.

Waiver of alimony

One of the parents has the right to refuse to pay child support. If they refuse, the parent acts on behalf of the child, since this money belongs to him. In order for one of the parties not to pay alimony, it is enough not to file an application with the court.

The law does not provide for the refusal of alimony.

FAQ

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They are provided for in civil marriages and if the child’s father is a foreigner. The amount of child support may change if the child is seriously ill or disabled. Marina Petrova, a lawyer with 19 years of experience, talks about the procedure for collecting alimony in complex cases.

Is it possible by law to demand alimony if you lived in a civil marriage?

Yes, you can. For the collection of child support, the fact of being married does not play any role. In accordance with Article 80 of the Family Code, parents are obliged to support their minor children, regardless of whether their relationship is officially registered or not.

My ex-husband has an unstable income. Sometimes, showing a work book with another dismissal, he says that as soon as there is money, he will pay. Is there any way to legally force him to pay consistently?

In accordance with Article 83 of the Family Code, “if the parent obligated to pay alimony has irregular, fluctuating earnings and/or other income... the court has the right to determine the amount of alimony to be collected monthly in a fixed monetary amount.” Collect the necessary documents and go to court.

The child requires urgent, expensive treatment. Is it possible to request from my ex-husband an amount of money in excess of the established alimony for this operation?

The Family Code provides for such a situation. In accordance with Article 86 of the Family Code, “in the presence of exceptional circumstances (serious illness, injury to minor children or disabled adult children, the need to pay for outside care for them and other circumstances), each of the parents may be called by the court to participate in bearing additional expenses caused by these circumstances." Please note that in court you will probably have to prove that the only way to treat a child is to have a paid operation and that it is not possible to treat a child for free.

I pay child support. But at the same time, when I visit him, I constantly buy and give things that he sometimes desperately needs. Is it possible to demand exemption from paying child support because the mother does not spend the funds received on the child? It’s better that I myself, within the established amount, will buy everything he needs.

The son got married. After the wedding, he adopted her daughter, born as a child. A year later, my wife filed for divorce without reason, and is going to file for alimony. I consider her behavior to be fraud; my son will have to pay alimony for 14 years. How can I help him resolve this issue? He needs to arrange his life, give birth to his own child, and here a stranger, as it turns out, a person who doesn’t want to work at all, is paid for half his life. Is there a way out of this situation?