Good to know 

Alimony in divorce: the accrual procedure. Sample application for alimony in marriage. How much is paid in fixed cash

Determining child support issues during divorce proceedings is one of the most difficult and often painful topics. Everyone needs to know the legal aspects of this phenomenon: both those who have the right to receive payments and those who are obliged to make them.

Alimony accrual

In the agreement, you can define the following options for calculating alimony:

  • share of income;
  • a fixed amount of money paid periodically or in a lump sum;
  • transfer of property;
  • other means to which the parties have come by mutual agreement.

Indexing

If the alimony is set in a fixed amount of money, then it will be adjusted whenever the cost of living changes. Must be indexed bailiffs those who monitor the fulfillment of maintenance obligations, as well as the organization in which the payer works or studies (if there is a scholarship).

The procedure for paying alimony

In the event of a debt on alimony for a spouse, all the same measures are characteristic as with debt on payments for children.

Unfortunately, today, due to the increased number of early ill-considered marriages, divorces are not at all uncommon. Very often, before “running away”, spouses, among other things, have time to acquire children together.

According to official statistics, in the vast majority of cases, after a divorce, he remains with his mother. And this means that the biological father of the baby is obliged to pay alimony to his ex-wife. At what point, according to the law, should the regular deduction of alimony payments begin?

Alimony never makes up for parental love!

Some citizens who are ignorant of legal matters believe that it begins exactly at the moment when the father of the child personally receives a complete package of papers describing the court's decision on the issue of maintenance payments for this particular family. However, the real order of things looks somewhat different.

The exact moment at which the accrual for the child will begin depends directly on the basis of which document the decision was made to recover funds from the father for the maintenance of the baby. It could be:

  • an officially documented voluntary agreement between former spouses;
  • filed by the mother of the child, in order to resolve the issue with the payment of alimony in court

Each of these cases requires a separate detailed consideration.

Voluntary agreement on maintenance payments

In the case when the decision to pay alimony by the father of the child was made by mutual agreement of the former spouses, the “starting point” for the calculation of alimony payments is the date of the official conclusion of the relevant agreement. In practice, this means that exactly one calendar month after the signing of the papers, the baby's mother can expect to receive a certain amount of money from her ex-husband.

From the point of view of avoiding unnecessary bureaucracy, this method of collecting alimony is certainly more convenient for both spouses. However, in practice, ex-husbands often strive to abandon the obligations indicated in the contract they signed, mistakenly believing that such agreements have no legal force and no one will oblige them through the courts. But in vain. However, it’s not even necessary to explain how many nerves their ex-spouses cost then trying to achieve their goal.

The amount of monthly payments in these circumstances, the ex-spouses establish themselves, as they say, by agreement of the parties.

Statement of claim

If before the spouses could not reach an agreement on the amount and timing of the payment of alimony, the mother of the child has the right to apply to the court for their recovery. In this case, the moment of commencement of accrual of funds will be the day of filing a statement of claim with the office of judicial record keeping. After all, according to the law, the submitted documents must be sent for consideration by the court immediately.

Alimony: who and how much should pay - answers in a video consultation:

If the divorce took place a long time ago

Alimony is often a contentious issue

The mother of the child retains the right to file a claim for the recovery of alimony even several years after the divorce (if for some reason she has not already done so earlier). However, it is worth considering that before the relevant application is accepted from her, the woman will be obliged to explain to the court employees what caused such a long delay.

If the reason for the delay was valid and the ex-wife can document this, it is very likely that the court will take her side, and the ex-husband will be obliged to pay alimony in full (that is, for the entire period of time that has passed since the divorce).

But if sufficient evidence is not provided to the court, all the money that could have been transferred in the time before writing the application will simply “disappear”. In a standard situation, the period established by law for the payment of alimony is exactly three years. This means that no matter how many years ago the divorce occurred, in the event of a belated appeal to the court, a woman can count on only the last 36 months, no more.

How to save time?

Alimony may be paid by court order.

To start receiving child support payments as soon as possible, the child's mother should not hesitate to file a claim. Ideally, before filling out the paperwork, consult with a specialist savvy in matters of alimony recovery. A correctly completed application will eliminate the possibility that the documents will not be accepted and delayed. The claim must indicate:

  • passport details of both parents and the child;
  • the exact timing of the father's evasion from the payment of alimony;
  • bank account number where the collected funds should be transferred.

As a rule, maintenance cases have a high priority in the queue for legal proceedings. The alimony recovery procedure will be delayed only if the relevant papers were filed with the court immediately, simultaneously with (but in this case, the delay will be no more than a month).

Opinion of a lawyer = expert:

The note offered to our readers focuses on the timing of the collection of alimony in favor of the child. As noted, there are 2 ways, agreement and through judicial enforcement. Moreover, it often happens that the judicial path is a consequence of a violation of the agreement.

You must immediately draw your attention to the fact that in court it will be necessary to prove that the defendant is evading the performance of his obligations. The court will have to provide evidence that the plaintiff tried to force the defendant to pay alimony. With this option, payments can be collected for the entire period of overdue debt, but no more than three years.

But if there was no preliminary agreement, then the plaintiff can only claim the accrual of alimony for the period that begins from the day the claim was filed with the court. None of the parties in the emergence and resolution of the dispute has no advantage. It is the equality of the parties in civil proceedings that is one of the principles of civil legal relations.

But in this case it will be necessary to provide evidence that the defendant deliberately avoided from payments.

How to file for child support after divorce

In cases where one of the spouses does not want to fulfill his obligations to support the child, the parents need to resolve this issue together through negotiations. They can prepare and sign alimony payment agreement, in which to prescribe all the necessary items regarding payments to the former spouse caring for a minor. You will need to specify:

When the agreement is ready, you should contact a notary who will certify it. Thereafter, this document will have the force of a writ of execution.

However, if it was not possible to find a compromise on this issue, the persons could not agree, or for some reason one of the spouses thinks that he should not comply with the requirements of family law, it is possible to resolve the dispute on the recovery of alimony from him judicially(Clause 2, Article 80 of the RF IC).

If there is no agreement between the former spouses, then the amount of payments will be determined in court in the following amounts:

  1. One fourth of the earnings per child.
  2. One third is for two children.
  3. Half of the earnings for three or more children.

In this case, the family, financial situation of the parents and other circumstances will be taken into account (clause 2 of article 81 of the RF IC).

If the ex-spouse who has an obligation to pay alimony has an irregular income or is unemployed (i.e. he has no income), then the court may determine the amount of funds collected on a monthly basis, in hard cash(Clause 1, Article 83 of the RF IC).

There are certain principles, according to which such disputes will be considered in court. These include:

  • equal obligation of former spouses to support a minor child;
  • the obligation of parents to support common children, regardless of when they were born - before or after divorce;
  • decisions of courts in cases of recovery of alimony are valid throughout the country;
  • equality of all existing children from one parent to receive full maintenance from him.

How to file for child support after a divorce

If the former spouses did not come to a consensus and it was decided to sue for alimony, then you need to take into account some of the nuances.

If available several common children, then after the court makes a decision, according to which the parent evading the transfer of funds for the maintenance of the child will be obliged to pay child support, such a document will be valid for a certain time. Namely, until the eldest child reaches the age of eighteen.

After that, the size of the deductions must also be reviewed in court, taking into account the number of remaining common minor children.

It happens that a person has doubts about whether he has the right to go to court with such a claim. So, an application for the recovery of alimony can be submitted by a former spouse in cases where, by a court decision, minor children after the dissolution of the marriage remain to live with him. This is not affected by the fact who initiated the divorce.

According to established judicial practice, children under the age of eighteen, stay in mother's care. Therefore, it is she who is the plaintiff in such a case of alimony. Single fathers also have the right to apply for financial assistance if the children remain with him and he provides for them without the financial support of the former spouse.

There are situations when both the father and the mother have children. In this case, alimony may be collected from one of the spouses in favor of the other, who is less wealthy(Clause 3, Article 83 of the RF IC). In this case, the payments will be determined in a fixed amount of money.

After the decision was made to sue, it will be necessary to prepare a package of documents, including a statement of claim, and take them to the justice of the peace. His location must be chosen. This may be a justice of the peace, located in the locality at the place of registration of the plaintiff himself or the defendant - the former spouse.

If there are great financial difficulties of the applicant, then the court may temporarily assign some monetary maintenance until a decision is made on the appointment of alimony.

Alimony claim

The claim will be accepted if it is correct. Such a document must contain appeal to the court. It should indicate:

  1. The number of the precinct of the magistrate to whom the application is being submitted.
  2. Passport details of the plaintiff and defendant: last name, first name and patronymic of the person, address of residence.

The statement also consists of descriptive part. It should reflect all the circumstances relevant to the case. Here you need to clearly and in detail explain all your requirements to the defendant.

Then comes pleading part, which contains a request for the recovery of alimony for the maintenance of children. You can also ask the court to involve the other parent to take part both in the expenses already made and in those that will have to be incurred due to the child’s illness and other circumstances (clause 1 of article 86 of the RF IC). After that, you need to put date and signature.

Completes the claim item "Applications" with a list of documents that the plaintiff attaches to this application. The documents specified in the application must be attached to only one copy of the claim.

Documents for filing for alimony

In order to file a claim against the ex-spouse for the recovery of alimony for the maintenance of minor children after a divorce, it is necessary to prepare certain documents and their copies. These include:

  • identity documents (passport) of the plaintiff and the defendant;
  • divorce certificate;
  • birth certificates of children under the age of majority;
  • income statements;
  • information about the composition of the family;
  • receipt of payment of state duty.

In some cases, it will also be necessary to provide other documents confirming the grounds for the claims against the defendant, that is, which indicate the need for the plaintiff in material support. These references can be:

  • about disability;
  • about retirement;
  • from the hospital for pregnancy registration.

It is not forbidden to attach to the claim other documents that, in the opinion of the applicant, can clarify the situation.

If you do not know about the income of the other spouse, then to obtain this information, you can apply to the Magistrate's Court by filing an appropriate petition. He will demand from the competent authorities the relevant data, which will be attached to the case under consideration.

The judge, at his discretion, may require other documents in addition to the listed documents. You can find out about this directly at the hearing.

Questions from our readers and answers from a consultant

My husband and I divorced three years ago. We have two minor children. Now they are 8 and 11 years old. My husband doesn't help us. Refuses to help. Can I file for child support now?

Under family law, you have the right to file a lawsuit for the recovery of alimony for the maintenance of common children at any time, but before they reach the age of eighteen. Payments will be accrued from the date of application to the court.

After the divorce, my son stayed with me. At the dissolution of the marriage, we concluded an agreement and assured it at the notary. Four years ago he had a new family, and from that time he stopped making payments. This year my son turned 18, and he went to study at a university, so we need money to pay for education. Can I sue my ex-spouse to recover child support arrears for these four years?

Since upon dissolution of the marriage you signed and notarized the agreement, you have the right to sue your ex-spouse for the recovery of alimony arrears, but only for the last three years preceding the appeal to the court.

My daughter went to study at the university for full-time education. She is 18 years old. Until that time, the ex-husband paid alimony regularly without delay. Can I file for child support again because of the child's education?

Alimony is only payable until the child reaches the age of majority. After that, it is impossible to recover funds for the maintenance of your common eighteen-year-old child. According to Article 85 of the RF IC, only disabled adult children (for example, those who are disabled) have the right to demand child support from their father.

When parents divorce their children, the question of alimony inevitably arises. The law does not provide for automatic payment of alimony. Former spouses can amicably negotiate the terms of their payment. Or even waive child support. If the parents are not able to resolve this issue, one of the parents can go to court. This body will determine child support in a divorce based on laws and regulations. Alimony is paid from the moment of the court verdict. That is, one of the parents cannot collect child support for the past years if he has not previously applied to the court on this issue.

6 193291

Photo gallery: Child support in a divorce

By law, child support is paid until the child reaches 18 years of age. The law of the Russian Federation does not provide for the payment of alimony for the period of study after reaching the age of majority. However, parents are obliged to support an adult child, if he is recognized as incapacitated, needs help.

Minimum child support

The law establishes that for one child, the parent on whom the elements are imposed is obliged to give a quarter of his income. If a parent has two children, a third of the income is collected from him in court. For three or more children, half of the income is calculated.

The law takes into account the number of all children, both from different marriages and out of wedlock. If more children are born to the parent paying child support, payments are reviewed. Alimony is divided equally among all children.

It should be borne in mind that when calculating alimony, not only wages are taken into account. Other types of income are also taken into account: scholarships, pensions, remuneration under civil contracts, payments upon dismissal, etc. The types of additional income to be taken into account shall be established by the relevant regulatory enactments.

Alimony paid in fixed amount

Parents do not always have a stable monthly income. If it is difficult to determine and understand the sources of income, or the income is accrued in kind, the court may order the payment of a fixed (fixed) amount of money.

This is the most controversial piece of legislation. As a rule, the court relies on the minimum wage (minimum wage). Parents may be required to pay 2 minimum wages a month, or maybe many times more. The decision is usually subjective, but the court must first of all take into account the interests of the child in a divorce. The basic principle is that the child's standard of living should not deteriorate. Much is decided by the ability to convince and defend one's position in court. When assigning the amount of payments, the marital status of both parents, the number of children, social status, their income, etc. should be taken into account.

There are more complex cases when a parent has one source of income that is stable and known (salary), and the second cannot be clearly defined (for example, royalties). In this case, the law provides for combining interest payments from wages and at the same time assigning a certain fixed amount of money.

Alimony from non-working parents

If a non-working parent is officially on the labor exchange and receives unemployment benefits, then alimony is withheld from the allowance. If the parent is not registered with the employment center and does not receive benefits, the court calculates alimony based on the value of the average wage in the Russian Federation.

Calculation of alimony for individual entrepreneurs

The calculation of the amount of alimony for an individual entrepreneur is determined based on the type of taxation chosen during business activities. With a simplified taxation system, when a child is divorced, the amount of alimony is calculated based on the values ​​of the average wage. If an entrepreneur uses UTII for settlement with tax authorities, then to determine his earnings, expenses incurred in doing business are deducted from income. The remaining amount will be the basis for the calculation of alimony.

Alimony property

Alimony for a child with property is usually imposed if the parent paying the alimony moves abroad for permanent residence. If the parents could not stipulate the further maintenance of the child (children), the court has the right to oblige to pay a large sum at a time, or to transfer certain property to the child.

Changing the amount of alimony

The amount of alimony can be revised both upwards and downwards when the number of minor children changes, when the financial situation changes, and in other cases provided for by law.

Question for a lawyer:

If the court, during a divorce, obliges to pay alimony as a share of income, can they be calculated and paid by yourself, or is it done in any case through the accounting department of the enterprise with deduction from salary?

Lawyer's answer to the question:
You have the right to pay off the debt voluntarily without contacting the accounting department.
———————————————————————

During a divorce, how much will the ex-husband pay alimony for two children if he is a private entrepreneur? ...

Question for a lawyer:

During a divorce, how much will the ex-husband pay alimony for two children if he is a private entrepreneur?

Lawyer's answer to the question: how much to pay alimony in a divorce
Article 81 of the RF IC. The amount of alimony collected for minor children in court

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents .

2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.
———————————————————————

Lawyer's answer to the question: how much to pay alimony in a divorce
Hello Tatyana, according to Art. 83 of the Family Code you can recover in a fixed amount of money based on the established subsistence level for children in your region.
———————————————————————

Is it possible during a divorce not to pay alimony for three children, but to leave a three-room apartment to the ex-wife? ...

Question for a lawyer:

Is it possible during a divorce not to pay alimony for three children, but to leave a three-room apartment to the ex-wife?

Lawyer's answer to the question: how much to pay alimony in a divorce
In this case, the alimony must be paid in the form of a transfer of property, perhaps a similar notarial agreement.
———————————————————————

Who pays the mortgage during a divorce? Am I eligible for child support?...

Question for a lawyer:

Hello!! My name is Tatyana, I am on maternity leave. There are children, the eldest is 3 years 4 months old, the youngest is 4 months old ...... 3 years ago, my husband and I took out a mortgage loan. Having been married for 3.5 years, I am going to file for divorce. My husband says that he will not pay the mortgage, since I will stay with the children in this apartment. I only agree to alimony. Since I am not solvent, am I entitled to alimony? Thank you in advance!!!

Lawyer's answer to the question: how much to pay alimony in a divorce
Tatiana!

You are entitled to alimony for the maintenance of two minor children and for your maintenance until the youngest child is three years old.

Regarding the payment and division of a mortgage loan, the question is ambiguous. There may be several options that it is better to discuss in person with a lawyer (lawyer) and choose the option that is acceptable to you.

Good luck!
———————————————————————

During a divorce, how many percent of the salary will be charged to my two children if the spouse already pays child support from ...

Question for a lawyer:

During a divorce, how much percent of the salary will be charged to my two children if the spouse already pays alimony to the child from the first marriage in the amount of 25%?

Lawyer's answer to the question: how much to pay alimony in a divorce
First, the 13th part of the total earnings. However, not immediately after the divorce.
———————————————————————

Is the father obliged to pay alimony during a divorce if the child studies full-time, after 18 years ....

Question for a lawyer:

Is the father obliged to pay alimony during a divorce if the child studies full-time, after 18 years.

Lawyer's answer to the question: how much to pay alimony in a divorce
Not obligated. Can only help voluntarily.
———————————————————————

Lawyer's answer to the question: how much to pay alimony in a divorce
Not required to pay.
———————————————————————

There is a minor daughter. During the divorce, she filed for alimony, the accounting department paid a quarter of her salary, but now ...

Question for a lawyer:

There is a minor daughter. During the divorce, she filed for alimony, the accounting department paid a quarter of her salary, but now he got a new job and the salary is in an envelope, the alimony comes in a penny - 3915 rubles, which is less than the cost of living in St. Petersburg. I know that his level wages of at least 60,000-80,000 rubles. Voluntarily, he does not help, refuses to pay for additional classes in kindergarten, does not take care of the child and does not see her all this time after parting. Can I apply for deprivation of parental rights or confirmation of true earnings, because he obliged to pay a quarter of wages and other types of earnings, including black? Thank you

Lawyer's answer to the question: how much to pay alimony in a divorce
According to the Federal Law On Enforcement Proceedings, in order to establish real earnings, contact the bailiff. According to Article 69 of the RF IC, deprivation of parental rights is possible in case of malicious evasion from paying alimony
———————————————————————

Lawyer's answer to the question: how much to pay alimony in a divorce
There are no grounds for termination of parental rights

You can apply to the court with a claim for the appointment of alimony in hard cash if you think that the percentage of alimony violates the rights of the child
———————————————————————

How much do I have to pay when divorcing child support for 2 years, the wife works ...

Question for a lawyer:

How much do I have to pay in a child support divorce for 2 years, the wife works

Lawyer's answer to the question: how much to pay alimony in a divorce
Good evening, Ivan! You can draw up an agreement on the payment of alimony with your wife, which will spell out the procedure, terms and amount of alimony.

If there is no such agreement, then in accordance with Part 1 of Art. 81 of the Family Code of the Russian Federation, the court will oblige you to pay alimony in the amount of one quarter of the earnings and (or) other income of your parents.
———————————————————————

When divorced, how much should a husband pay alimony for two underage children? ...

Question for a lawyer:

Hello. In the event of a divorce, how much should a husband pay alimony for two underage children? If, during marriage, loans were taken for cars and household appliances (everything remains with the ex-husband), And if two gardening plots were purchased during the marriage, one of which is issued on husband, another for his wife, as in the future their division can be.

Lawyer's answer to the question: how much to pay alimony in a divorce
Hello, Svetlana Vyacheslavovna.

If the husband works, maintenance for two children is collected in the amount of 1/3 of all types of income. If he does not work, then in a fixed amount of money, possibly in the amount of the subsistence minimum established for the given region. Loans will not affect the amount of alimony.

The division of plots will be made depending on their value. If the value is the same, then perhaps the ownership will remain with the one for whom it is registered. If different, then, perhaps, the same, only monetary compensation will be collected from the owner of the participant of a greater value. Or both sections - 1/2 each.
———————————————————————

Lawyer's answer to the question: how much to pay alimony in a divorce
Svetlana Vyacheslavovna, alimony for two children makes up 1/3 of the total income of a spouse, and alimony can also be collected by the court in a fixed amount of money. You can enter into an agreement on the payment of alimony in which you will reflect the amount. When dividing property, according to the UK, property acquired in marriage will be divided equally. It is possible to divide jointly acquired property by drawing up a division agreement, or in a judicial proceeding. GOOD LUCK!
———————————————————————

How much of a divorce does a husband have to pay child support?

Question for a lawyer:

Hello! I have two children. In the event of a divorce, how many percent of the earnings does the husband have to pay alimony? And will his bonuses and vacation pay be transferred?

Lawyer's answer to the question: how much to pay alimony in a divorce
1/3 of income, bonuses and vacation pay is also income, will be withheld
———————————————————————

    Do alimony is paid to a child who is 18 years old and who is studying at a technical school. or an institute? ... Question to a lawyer: Good evening. Do they pay alimony to a child who is 18 years old and a cat ...

    Has the law on the minimum amount of alimony equal to the living wage come into force or not? on TV they said that ... Question to the lawyer: Has the law on the minimum amount of alimony entered into force ...

    the amount of alimony for 1 child in 2013 ... Question to a lawyer: What determines the amount of alimony, and how long should payments be made after a court order is issued? Legal response...

    ALIMONY FOR TWO CHILDREN ... Question to a lawyer: HELLO PLEASE TELL ME IS IT POSSIBLE TO INCREASE THE PERCENTAGE OF ALIMENT IF YOU HAVE SEPARATED 33 FOR TWO CHILDREN FROM A DIFFERENT MARRIAGE IN HALF. CAN I INCREASE ...

    Is it possible to challenge or cancel the court decision on the recovery of alimony if I was not present at the court and did not receive subpoenas ... Question to the lawyer: Is it possible to challenge or cancel the court decision on the recovery of ...