Last updated February 2019

When there are minor children in a family, and the parents decide to divorce, after the divorce one of them must pay child support. Usually the mother stays with the children, and the father takes on the responsibility of supporting the children. If the parents reach an “amicable” agreement and an appropriate agreement is concluded, or if a court decision is made to pay alimony, the father ignores these documents, and arrears of alimony arise.

This article will help you figure out how to collect alimony arrears.

Subtleties of enforcement proceedings

After enforcement proceedings have been initiated (you must submit an application to the enforcement service to initiate proceedings and attach a copy of the court decision), the debtor receives a copy of the relevant decision from the bailiff. If the debtor does not pay the required amount specified in the resolution within 24 hours, then this amount is considered arrears of alimony.

At the same time, the bailiff sends a summons to the debtor to conduct an explanatory conversation on the debt repayment process. The summons contains demands for payment of alimony, taking into account the debt, and the provision by the debtor of the most detailed information about himself. At the same moment, the bailiff begins a search for the debtor’s property, for this he sends letters with requests to the following authorities:

• traffic police;
• To the state registration authorities of real estate rights;
• Tax Inspectorate;
• Municipal Department of Internal Affairs, to the information bureau department;
• Pension Fund of the Russian Federation, regional branch.

If the bailiff does not have information about the location of the debtor, then the bailiff, within three days, announces a search for him.

How to help a bailiff find a debtor?

If you know information about the possible location of the debtor or you know people who may have such information, you can contact the bailiff with a statement.

This statement is drawn up in free form. In the “header” you indicate the position of the performer and his full name, below write your details, including a contact phone number. In the text of the application, indicate all the information about the places where the debtor may be located.

Sample text:

“As part of the enforcement proceedings initiated by resolution No. 1 of June 1, 2019, my ex-husband Ivanov Ivan Ivanovich was put on the wanted list. I have information about his possible location and am providing this information to assist the investigation. According to the data known to me, he may be in the apartment of his cousin, full name, at the address (specify address), or in the private house of his aunt, full name, at the address (specify address). Also, from our mutual friend, full name (contact phone number), I received information that Ivan Ivanovich Ivanov may be in the apartment of his employee, full name, at (specify address)"

If you received information from friends, ask them in advance whether their information can be used to include in the application. Perhaps in the future, the bailiff will want to clarify some additional information from them.

After writing your application, be sure to make a copy of it and register it at the reception. The copy will be marked with acceptance, dated and signed by the person accepting it.

This may come in handy if the bailiffs do nothing to collect alimony arrears.

How to make the bailiff work?

There are several reasons why your case is not progressing:

1. The bailiff simply lacks practical experience;
2. He is overloaded with things to do and simply doesn’t have time;
3. And, unfortunately, the most common case is a bribe. The bailiff receives a monetary reward from the debtor for not doing anything.

In any case, if things don’t work out, you need to file complaints with the bailiff’s senior management. To begin with, you write a statement in any form, where you indicate that the two-month period specified by law has long passed, and the bailiff has repeatedly extended it, without any particular reason.

An application with a complaint is submitted in the following order (if the person you are contacting ignores the application or “let it go on the brakes,” you submit it to the following authority):

• Senior Bailiff;
• Chief bailiff of a subject of the Federation;
• Chief Bailiff of the Russian Federation.

Advice: if you have reached the second instance, it would not be a bad idea to duplicate the complaint about the inaction of the bailiffs, and there are already two of them - the executor and the senior bailiff, to the prosecutor's office. In parallel, you can write an electronic appeal on the website http://fssprus.ru/form/, there is a special, intuitive form.

Now that you know where to go if alimony is not paid and how to encourage the bailiff to work, let's look at where these cash payments come from.

Property for alimony

Typically, alimony is paid by deducting certain amounts of money from the debtor's wages. This occurs in the following proportions: 25% of income for one child, for two children - 33%, for three or more - 50% of wages. But sometimes, Money The father's earnings are not enough to pay the legally established maintenance for the children. In this case, the law pays attention to the personal property of the debtor.

The procedure for its collection is determined by Chapter 8 Federal Law“On enforcement proceedings” No. 229-FZ of October 2, 2007 (hereinafter referred to as Law 229-FZ).

If the method of repaying alimony debt was chosen, at the expense of the debtor’s property, two scenarios arise (Part 1, Article 69 of Law 229-FZ):

• The property will be sold, for the amount covering the debt, by the father himself, or transferred by him in kind to the mother of the children;
• The property will be seized by the bailiffs, sold, and the proceeds transferred to the mother of the children.

First of all, bailiffs pay attention to funds in national or foreign currency, bank accounts, and deposit boxes. If this property is not enough, then any valuable property is considered for seizure. The debtor may offer the executor to impose a penalty on some specific property, first of all. However, the final determination of the priority for collection of property is carried out by the bailiff himself (Parts 2-5 of Article 69 of Law 229-FZ).

Penalty as a method of stimulating the debtor

If the divorced spouses came to an agreement regarding the payment of alimony and entered into a notarial agreement, but arrears arose regarding payments, then the mother has the right to receive a penalty in the amount established by this agreement.

If the payment of alimony was forcibly ordered by the court, then a debt arose, then in this case the mother can apply to the court with an application to collect a penalty for alimony payments. The amount of the penalty is determined by Art. 115 of the Family Code of the Russian Federation (hereinafter referred to as the RF IC) and amounts to 0.5%, accrued daily on the amount of alimony debt.

Example: The court ordered alimony payments amounting to 25% of the debtor's salary. His income certificate indicates that his salary is 20,000 rubles per month. Thus, the monthly alimony payment will be: 20,000 x 0.25 = 5,000 rubles. The court decided to begin alimony payments from 02/01/2019. At the time the debt was determined - 07/01/2019, it amounted to: 5000 x 4 months. = 20,000 rubles. We calculate the penalty:

• As of March 1, 2019: 5000 x 31 days x 0.5% = 775 rubles
• As of April 1, 2019: (5000 + 5000) x 30 days x 0.5% = 1500 rubles
• As of May 1, 2019: (5000 + 5000 + 5000) x 31 days x 0.5% = 2325 rubles
• As of June 1, 2019: (5000 + 5000 + 5000 + 5000) x 30 days x 0.5% = 3000 rubles

Total for 4 months, the penalty will be 7,600 rubles.

The penalty does not have a statute of limitations for collection, so you can apply to the court at any time. But it is better to do this with little frequency, since a huge amount of penalties is unlikely to help resolve the case of arrears of alimony.

The fact that the child reaches the age of majority does not take away the mother’s right to go to court to collect a penalty.

Additionally, according to Art. 115 of the RF IC, you can claim compensation for losses incurred that were caused by the fact of non-payment of alimony. But this is a very complex process that requires confirmation of the connection between losses and alimony arrears.

Example: a connection confirming losses caused due to non-payment of alimony can be a documented deposit for the purchase of some thing necessary for the child, but not paid in full due to arrears of alimony. Such a deposit must be tied to the timing of alimony payments.

There are circumstances in which the debtor cannot pay alimony. Confirmation of these facts in court may serve as a basis for reducing the amount of debt, as well as refusing to accrue a penalty. These include:

• Long-term, serious illness of the debtor;
• Leave from work due to lack of funds from the employer to pay for labor;
• Circumstances in the family that prevent payments, etc.

If none of this happened, the penalty was assessed, and the amount of the debt was fixed, but the father still does not pay for a long time, then he can be brought to criminal liability by the bailiff under Article 157 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation).

How to deal with persistent defaulters

Threaten with criminal liability for non-payment of alimony

As stated above, liability for malicious evasion of alimony payment is provided for in Article 157 of the Criminal Code of the Russian Federation. In order for such liability to be assigned, the fact of the “maliciousness” of the evasion is important. Judicial practice identifies several events that make evasion malicious:

• Changing places of residence in order to evade paying alimony;
• Decrease in actual income received;
• In the absence of work - evasion of employment through the employment center;
• Putting the debtor on the wanted list;
• If the alimony debt exceeds 9 months (based on practice, the term “significant debt” is applied to this period);
• If the bailiffs issued a warning about the possibility of criminal liability, but payments are never made.

If the debtor has been prosecuted, he may be assigned 1 of 4 types of sanctions:

1. Up to 1 year of correctional labor;
2. 120-180 hours of compulsory work;
3. Up to 3 months of arrest;
4. Up to 1 year of imprisonment.

And even the very fact of having a criminal record can significantly damage a person’s reputation, as well as limit some of his rights, for example, the right to travel abroad of the Russian Federation (a bailiff can temporarily restrict this right, even without a criminal record, as a method of stimulating the debtor to make payments).

Important! Criminal prosecution is possible only if the payment of alimony was ordered by a court decision. Subject to the conclusion of a notarial agreement between the former spouses, liability is provided for by the agreement itself.

Criminal prosecution under this article is the basis for initiating proceedings for deprivation of parental rights.

Threaten with deprivation of parental rights for non-payment of child support

Initiating such a procedure is possible provided that the mother submits an application to the court and a certain package of documents, which includes (if there are several children in the family, each child will have their own court case, deprivation of parental rights for several children at once is unacceptable):

• Child's birth certificate;
• A document confirming the divorce;
• A certificate from the educational or preschool institution that the child attends, stating that its employees did not see the child’s father bringing him, picking him up, participating in parent-teacher meetings, and so on;
• Testimony of several witnesses (neighbors, relatives, friends), drawn up and signed, as a rule, by employees of the housing office or HOA, that the father does not take part in the life of the child;
• Certificate about the amount of alimony and the period of arrears (issued by the bailiff).

After everyone has submitted necessary documents, the court will decide to deprive parental rights based on all the attached evidence and testimony.

Some time after the deprivation of rights, the father can restore them, also through the court. This requires sufficiently compelling reasons, supported by substantial evidence.

Contact a collection agency

If the amount of debt is already quite large, and the bailiffs cannot or do not want to help you, you can try contacting a collection agency. Of course, this option should be considered as a last resort, because debt collectors charge quite large commissions for their services. Collectors work either by buying out the debt or helping to collect it for 25-40% of the amount collected. The law prohibits transferring rights to alimony debts to other persons, so debt collectors most likely will not buy the debt but will offer you assistance in collecting it.

If the husband does not pay the full monthly amount of alimony

In this case, the underpaid amount is credited to the debt, and the mother must take the actions applicable to such a situation. They are described above. Including filing an application for a penalty.

If the husband has transferred all property to his parents and does not work

If the husband does not work, then it is necessary to submit an application to the bailiff, describe this fact, and he will find out why the husband is not officially employed and is not even registered with the employment service (after all, the amount of unemployment benefits also falls under deductions for alimony). If the husband transferred all the property remaining after the division during the divorce to his parents, then alimony cannot be imposed on this property.

The only option is if he transferred the property after the court’s decision to order alimony payments, you can try to prove this fact as malicious evasion of alimony payments. But this is a rather complicated procedure and for each specific case you need legal advice.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

Adoptive parents, the administration of the institution in which the child is being raised, and the guardianship and trusteeship authorities have the right to demand payment.

When there is a need to recover for the past period, there are 2 options: 1. When you have not previously applied to the court to award alimony.
As a general rule alimony are awarded from the moment of application to the court. However, they can also be recovered for the past period within a three-year period from the date of going to court, if the court establishes that before going to court, measures were taken to obtain funds for maintenance, but alimony were not received due to the person’s evasion from paying them. This is established by part 2 of article 107 of the RF IC.

2. When there is: (a) a notarized agreement on the payment of child support between the parent obligated to pay alimony, and a person entitled to receive in favor of the child; (b) a writ of execution issued on the basis of a court ordering alimony to be paid, but the debtor evades payment of alimony.
In this case, Part 2 of Article 113 of the RF IC establishes the rule that if alimony was not paid due to the fault of the person obligated to pay alimony, then alimony is collected for the entire period, regardless of the three-year period established by part 2 of article 107 of the RF IC.

Sources:

• how to get alimony for a year

Tip 2: How to collect alimony from your ex-husband in 2019

Law in Russian Federation imposes equal responsibilities for child support on both spouses. If one of the spouses lives separately from the child after a divorce, he must pay maintenance - alimony. They are defined as the share of earnings paid to your ex-spouse on a monthly basis. The new edition of the Family Code, which was adopted in 1996, provides for two options for paying alimony for a child/children.

You will need

• - child’s birth certificate;
• - a certificate from the place of residence indicating that the minor child lives at the expense of the mother or father.

Instructions

Russian legislation provides for two options for collecting alimony from husband. For a child support agreement, try to negotiate with your ex-spouse to voluntarily pay child support. Such an agreement can be concluded both after a divorce from a spouse and during a legal marriage.

Have the agreement certified by you, because otherwise it will not have legal force. Indicate in the document the amount of alimony, the terms, procedure and method of paying child support. Discuss the amount of financial support with your ex-spouse. The amount of alimony should not exceed ¼ of the salary husband for one child, 1/3 for, ½ for three or more minor children.

If it was not possible to reach an agreement voluntarily with your ex-spouse, resolve the issue through the court. Write a statement of claim in which you indicate the court in which you are filing the claim, surname, first name, patronymic and place of residence of the plaintiff (your details) and the defendant (details of your ex-wife) husband). In the application, indicate the reasons for collecting alimony. They usually describe the situation that there is a common minor child (his full name and year of birth), but the plaintiff does not support the child.

Attach two copies to the application statement of claim, certificate of residence, certificate of residence indicating that the child is dependent on the mother.

After considering the case for collecting alimony from the ex-spouse, the writ of execution goes to the courts: you take the document based on the court decision to the bailiff service in the area where the plaintiff lives.

The bailiff initiates proceedings and issues a decree to collect alimony. This document is sent to the payer and payee. The bailiff will collect money from the defendant through the data of the Pension Fund, tax service and insurance companies.

Video on the topic

note

Child support payments stop after the child reaches the age of majority, after his adoption and in the event of the death of the payer.

Tip 3: How to get alimony from a husband who is hiding in 2017

You can receive alimony from a husband who is hiding by going to court with subsequent monitoring of the execution of the court decision and assistance from bailiffs. In addition, alternative sources of influence on the alimony defaulter should be used.

Instructions

Contact the court with a claim to collect alimony in the amount determined by family law. After the court decision is made, you should wait for it to enter into legal force (a month from the date the full text of the judicial act is issued in the absence of an appeal).

Last updated February 2019

After the end of the divorce process, the parent with whom the minor family member remains living has the right to receive alimony. However, what to do if the father, whose responsibility is to pay this monetary penalty, is unemployed?

Everyone knows that alimony is paid not only for the maintenance of minor children, but also for people who, due to their mental or physical disabilities, as well as age, cannot earn their own money on their own. The amount of this penalty is determined in court or by agreement of the parties. If they were unable to resolve this issue on their own, then the amount of alimony is deducted from the income of the party obligated to pay it.

How to calculate the amount of child support if the father is unemployed

If the parent paying child support was fired from his previous job and now has no income, then this does not relieve the obligation to pay child support. Therefore, at the time of official absence from work, the percentage of mandatory monetary penalties is calculated based on the average salary, taking into account the number of dependents (children). According to official data from the federal statistics body (Rosstat), the minimum All-Russian average monthly wage at the end of 2018 is 42,413 rubles. When calculating alimony, it is necessary to start from this figure.

In accordance with Articles 81 and 113 of the Family Code of the Russian Federation, the percentage of alimony from an unemployed person in the absence of other income is calculated in the following way:

• For the only child in the family, it will be 25% of the parent’s earnings (42,413 x 25% = 10,603 rubles);
• If two family members are dependent, then this deduction will be 30% of the salary (42,413 x 30% = 12,724 rubles);
• For three dependents, the parent is obliged to pay 50% of the money earned (42,413 x 50% = 21,207 rubles).

Let’s say a court ruling in the city of Taganrog obliges a parent to pay 1/4 of all income for his only child. However, it turns out that he does not have official employment. As a result of this fact, the court will calculate the mandatory amount of contributions based on the average monthly salary in the Russian Federation for the month when the parent begins making payments.

If the alimony payer is registered with the employment center and receives official benefits, then alimony will be calculated based on this amount. The amount of benefits in 2019 is determined individually depending on life circumstances. But in any case, the lower threshold of benefits 1500 rub. (plus regional coefficient), upper - 8000 rub. (plus RK), and if the alimony recipient is of pre-retirement age, then the maximum amount is 11280 rub.

For example, an unemployed person receives an allowance of 10,200 rubles, respectively, alimony for one child will be equal to 2,2550 rubles. (10,200 x 25%).

Unemployment payments are made for a short period from 3 months to 1 year, depending on the circumstances. Therefore, if an unemployed person is registered, but payments have stopped, then the calculation will not be based on benefits, but on the average salary in the Russian Federation (as described above).

Important! If a parent does not pay child support during official employment and continues to do so after dismissal, then recalculation of the debt will be calculated initially according to the official salary, and then according to the average salary.

The above related to the issue when there is a court decision (order) regarding alimony.

Whenever you have to go to court to collect, practice shows that it is better to collect in a fixed amount. This amount is determined based on the child’s needs and is tied to the minimum subsistence level in the region.

For example, a mother and child live in the Vologda region and she can be charged 1 or 1.5 or 2 subsistence minimums in the Vologda region.

Is it possible to reduce the amount of alimony?

Due to the fact that the percentage of deductions, which is based on the average salary in Russia, can be quite huge and many residents of small towns do not have the opportunity to pay this amount, the best option for both parties would be to resolve disputed relations without the participation of the court. In this case, it is necessary to fix a percentage or a fixed amount of funds that will be subject to deduction that suits everyone.

If the case does go to court, then when making a decision, this authority will take into account many facts that directly affect the amount of these payments.

Minimum alimony from an unemployed person

Important! The minimum amount of alimony that a person without a job is required to pay can only be determined by a court. It is calculated taking into account the level of wages (if any), place of residence, the presence of children in the new family of the party who pays alimony, the time of dismissal of this subject from work and many other circumstances.

Methods for collecting alimony from a non-working person

There are three ways to collect child support from a non-working father:

• In a fixed amount . In order to use this form of collection, the party with whom the child lives must file a claim in court for the collection of alimony. After review, the judge will decide to collect a certain amount of monthly payment.

Important! After the alimony payer officially starts working again, it is necessary to submit a new application to the court, asking for an increase in the amount of recovery from him, in connection with the resumption of stable earnings.

• Using an alimony agreement. The parties themselves agree on the amount of deductions, fix it in the agreement (contract), write down all the necessary conditions, confirm their agreement with signatures and notarize this document.

Important! Without notarization, this agreement is considered void and the fact of its conclusion, if necessary, is almost impossible to prove in court.

• In proportion to the payer's earnings. If the parties have not chosen any of the above options and the payer is officially unemployed, then alimony is collected by allocating a percentage of the average salary in the region (country).

Important! If payment does not occur, then the bailiff service will begin to collect the debt by seizing property belonging to the debtor and its further sale.

Finally, it should be noted that the legislation of the Russian Federation is constantly undergoing changes and therefore innovations should be studied in advance before filing a claim for the recovery of alimony from a non-working person.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

If the young people do not get along with each other, they decide to divorce. And then they will have to decide many important issues, the most important of which are who the child will stay with and how he will receive child support. Women often ask whether it is possible to collect child support from an unemployed father. In accordance with generally accepted norms and legislation of the Russian Federation, one of the parents undertakes to pay even if he is unemployed. Payments from the unemployed are withheld in any case. Article 80 of the RF IC states: “ parents must provide for the child, even though they currently have no income.”

Consequences of payment evasion

It often happens that a potential payer avoids direct obligations, and this entails unpleasant consequences. Sometimes you can see how the father transfers money in an envelope, hiding the real amount of income. If a person who is unemployed refuses to pay child support, he may be subject to criminal liability. Child support payments must be made on time.

Alimony for the unemployed is a heavy burden, which becomes even greater every day, because the payer accumulates debt from failure to pay on time! The optimal solution for both spouses would be a peaceful resolution of the situation. To do this, a voluntary agreement is concluded between the spouses, certified by a notary, in which it is necessary to specify what fixed amount the child support provider will pay for child support, and in what form and when it will be paid.

If it is not possible to reach an agreement peacefully, then it is done by filing a claim from the parent raising the child (usually his mother).

According to the law, there are the following two methods of paying alimony for the unemployed (similarly for the employed):

1. Percentage of the amount of income received (under Article 81 of the RF IC).
   • up to 25% if there is 1 child,
   • up to 33% for 2 children
   • up to 50% for 3 children
2. A fixed amount, which is calculated as the minimum wage in a given region (minimum wage) at the time of the court decision.

If the alimony payer becomes unemployed and loses income, then he is obliged to pay money based on the average wage in the region (minimum wage).

The amount of alimony from an unemployed person differs depending on the place of residence and payment of alimony.

If the payer is not registered with the employment service and does not currently have a job, the amount of alimony for one child will be one-fourth of the average salary in a particular region. If the payer has to pay benefits for two children, they are entitled to one third of the average salary, and if there are three or more children, the father is obliged to pay 50% of the monthly income. In accordance with the law, alimony is paid until the age of majority (18 years), but there are a number of cases when alimony is paid until the age of 23 or permanently: →.

Alimony from unemployment benefits

While registered with the employment service, a citizen receives unemployment benefits. This income is classified as alimony income and deductions are made from it. For example, a citizen receives ~5000 rubles,

• for one child you need to pay approximately 1250 rubles,
• for two ~1670 rub.,
• for >3 – 2500 rub.

The legislation of the Russian Federation does not indicate how much an unemployed person must pay. In this regard, lawyers recommend that those getting divorced reach an agreement among themselves: it is very important to make concessions. If the spouses are unable to resolve the issue and independently decide what the amount of alimony will be, the court will decide for them. Payments will be assigned by authorized employees who will take into account the father’s financial situation. During the trial, the court will determine the standard of living of both parents, living conditions, and income. Based on this data, a decision will be made on the amount of alimony from the unemployed. The amount must be a multiple of the cost of living.

Documents for collection in a fixed amount of money

As a result of the trial, it will be determined how much funds should be paid by the unemployed.

The plaintiff’s statement of claim must indicate that the defendant is unemployed and has no official income, in connection with this a request is made;

• Child's birth certificate;
• Claimant's passport;
• If the marriage between the child’s parents is concluded, then a marriage certificate; if dissolved, then a divorce certificate;
• Certificates of income of the plaintiff and defendant from the place of work (2-NDFL);
• Certificate from the place of residence stating that the child lives with the plaintiff;
• Justifications confirming that the plaintiff really needs financial assistance to raise a child.

Financial liability for non-payment of alimony

If the potential payer is unable to pay, the court can file for recovery from his property. If the payer has a debt, then a penalty of 0.5% is charged for each day not paid on time. It is better to pay benefits on time to avoid serious problems.

When spouses separate after a divorce, the main burden of financial support for the children falls on their mother, because the children most often remain to live with her. It is very difficult to single-handedly resolve all financial issues related to education, treatment of children, and satisfaction of all their vital needs. Therefore, she has to turn to her ex-husband to receive help from him in the form of alimony.

The situation will become more complicated if the father of the children not only does not help the children voluntarily, but also considers himself free from parental responsibilities. Many unscrupulous fathers are in no hurry to find a permanent job, believing that its absence exempts them from child support. How is this issue regulated in law?

The law imposes an unconditional obligation on parents to financially support their children (Article 80 of the Family Code of the Russian Federation). It makes absolutely no difference whether they have sources of income or permanent work.

The financial situation of the defendants, whatever it may be, does not exempt unscrupulous fathers from the mandatory payment of alimony.

How alimony is collected from the unemployed

In each specific situation, methods of paying child support are established individually. At the same time, the court carefully examines the reasons why the children’s father does not work or does not have a stable income.

The most common situations in judicial practice are as follows:

• The children's father has unemployed status. He has no other income other than unemployment benefits. This benefit will be regarded as his permanent income. It is from this amount that he will pay child support to his children. Of course, the amount of payments will be small, given the small size of the benefit;
• The alimony payer often changes jobs in order to evade alimony payments. This may cause a slight delay in receiving child support, but eventually, all arrears of child support will be paid to them in full. The writ of execution will be regularly sent by bailiffs to the debtor’s new place of work;
• The children's father has reached retirement age. In this case, alimony will be deducted from the pension he receives;
• father's disability related to his inability to work. Despite the fact that he also receives a pension, under such circumstances it is impossible to unequivocally answer the question of unconditional collection of alimony. If the pension he receives is higher than the subsistence level, then he will have to pay alimony. Otherwise, the claim may be denied. It is possible that the state will provide financial support to the child;
• Father’s earnings are inconsistent and ad hoc. The court can establish the payment of alimony in a fixed fixed amount by analyzing the sources of his income for a certain period;
• an unscrupulous parent does not work anywhere, does not have unemployed status, and does not receive a pension either for age or for disability. No matter what, alimony will be kept in the amounts established by the Family Code of the Russian Federation. For the financial support of one, two, three or more children, one fourth, one third or half of the average wage established in Russia will be charged, respectively. Upon subsequent employment, the defendant will have to pay the entire amount of debt incurred during the period of his evasion from work. If this does not happen, bailiffs have the power to seize his property.
• The children's father receives unofficial income. In this case, his illegal business activities or the organization where he works illegally will be checked.

Calculation of alimony for the unemployed

When determining the amount of alimony due, the court takes into account all the circumstances: marital status, number of children, income level and health status. After which he makes a decision to collect alimony.

At the same time, he applies one of two methods that are used when calculating the amount of alimony: in proportion to the income of the alimony payer or in a fixed sum of money.

It is impossible to unequivocally answer the question of which of these methods of calculating alimony is better. Each of them has its own disadvantages and advantages. Let's look at them in more detail.

The most common procedure for withholding alimony is in proportion to earnings, depending on the number of children. It does not raise any questions and calculating the amount of alimony is not difficult.

For example, with an average salary of 30,000 rubles, an unscrupulous father will pay 7,500 rubles for one child, 10,000 for two, and 15,000 for three or more.

The accrued amounts form the defendant’s alimony debt, which he will still have to pay upon subsequent employment or through the forced sale of his property.

In certain cases, the amount of child support can be one-sixth of the salary. This usually happens when the alimony payer puts before the court the question of reducing the alimony he pays for children from his first marriage if a child is also born in his new family. But for this it is necessary to obtain a court decision and justify the reasons for reducing alimony.

The main advantage of this method is that it is understandable for everyone. The downside may be low wages, or withholding alimony from a low pension or unemployment benefit. After all, the amount of child support will not be enough.

How do things stand when receiving alimony in a fixed fixed amount? In this case, the mother of the child receives a child support amount determined by the court every month. Since it is set depending on the cost of living, in connection with its change the amount of alimony will also increase.

For example, the amount of alimony is 5,000 rubles with a living wage of 10,000 rubles. If the latter increases to 11,000 rubles, the amount of alimony will also increase to 5,500 rubles.

If the alimony payer gets a well-paid job, this will not affect the amount of alimony in any way, which may not suit the mother of the children. And in another case, if the debtor becomes unemployed, then the amount of alimony will also remain unchanged and the interests of the child will not be violated in any way.

Regardless of the method of calculating alimony, you can receive it in cash, by bank transfer or by transfer to a card or bank account.

How to apply for child support for a child's unemployed father

The bulk of civil cases regarding the collection of alimony are usually resolved by a magistrate judge. The mother of the children herself determines which judge to appeal to: at her place of residence or the judge of the district where the defendant lives.

If any dispute arises between the spouses, for example, the father of the child wants to challenge his paternity, or alimony is collected in a fixed amount, then the case will be considered by the district judge.

Typically, a decision on a case is made within one month. To initiate a civil case, you must submit a statement of claim or an application for a court order to the court. Its samples are available on the Internet or can be viewed at stands in courts.

A sample statement of claim for alimony can be downloaded

Everything stated in the application must be supported by documents, copies or originals of which are attached to the application. Each specific case will have its own list of required documents.

Typically the court requests:

• a copy of the marriage certificate;
• a copy of the divorce certificate;
• copies of children's birth certificates;
• a certificate from the place of residence, which will confirm that the children live with the alimony collector;
• certificates of salary or other income of the defendant;
• copies of the statement of claim.

Other documents may be attached at the discretion of the applicant. The plaintiff should bring the original documents to court court hearing, since a decision can only be made on the basis of original documents.