How can a man pay child support correctly? How much and how is alimony paid?

How to collect alimony if the debtor does not work

During the trial, not only official papers can be considered. Any information and facts indicating the income of the parties will influence how much alimony the citizen will have to pay.

It is very important for a parent who lives with children to thoroughly prepare for trial. Any information about the defendant's income may be needed. In practice, there are very often cases in which a negligent father hides his real income with the help of a certificate of minimum wage. wages.
If you assume that the ex-husband is capable of such a scam in order to reduce the amount of alimony, then before the trial, try to find out how much the citizen actually receives. It is necessary to act solely in the interests of the child to ensure normal conditions life and satisfy the requests of the court. Try to imagine as much as possible real evidence and evidence.
Information about the defendant's property will also become excellent material during the trial.

Calculation of alimony if the debtor does not work

To calculate child support, you must file a claim with the court at your place of residence or with the justices of the peace. If the ex-husband is definitely unemployed, then it is best to immediately emphasize this in the application in order to receive alimony on time, which will have a fixed amount. If you do not know how much the father receives, then it is better to arrange payments in a standard form.

The application claim requires the presence of the following documents:

• a copy of the passport of the person filing the claim;
• a copy of the birth certificates of common children;
• a copy of the marriage or divorce certificate;
• paper indicating the father’s place of residence;
• the desired amount of money to support the child;
• justification for the expenses necessary to support children.

The open nature of such trials involves the presence of two parents. Such rules are based on the defendant's right to defend own interests and provide counter-arguments to the court. It is very important to carry out the preparatory stage correctly:

• describe the current situation and your own position as clearly and rationally as possible;
• provide a comprehensive list of evidence pointing to maximum level the defendant's income;
• provide a package of papers that will prove the fact of the defendant’s real income.

Evidence of the ex-husband’s wealth can be:

• documentation, financial statements, declarations;
• witness's testimonies;
• expert results;
• expert opinions on appraisal activities(property, real estate).

After the judge publicly announces the decision, a writ of execution will be drawn up. Paper arrives at executive service, in which the process of case management will be carried out.

Enforcement proceedings allow the collection of alimony from any income of the defendant. Benefits and pensions are also included in this list, therefore, the payment of alimony will be guaranteed.

How not to pay child support? This question in itself sounds strange, because mandatory payments are provided for by law. However, there are several nuances that the payer can take advantage of in order not to pay alimony in a completely legal way.

Law and payment of alimony

Alimony is obligatory payments, which are intended to support that family member who, for some reason, cannot provide for himself. Usually we are talking about children, but according to the law, pregnant spouses, disabled brothers or sisters, etc. can receive them.

Mandatory alimony payments are provided for by law; for evading them, the payer may be punished, including criminal penalties. However, there are situations when you can either significantly reduce the amount of payments or refuse them altogether without breaking the law even in the slightest. Since in Russia the absolute majority of alimony payers are fathers, then we will mainly talk about how not to pay child support exactly to them.

So, how can you avoid paying child support? The first method is to replace alimony payments by transferring some expensive property in favor of the child. real estate(house, apartment, garage, etc.). This option, however, requires compliance with certain conditions:

1. This is possible only with the consent of the guardianship authorities.
2. Replacement is permitted only for alimony by agreement. In relation to alimony ordered by the court, this method does not work.

The second option is to take the child for yourself. If the father himself raises and supports a child living with him, he has the right to apply to the court to cancel alimony. However, we must remember that this will require either the consent of the mother or good reasons, which can justify such a step in court.

The third way would be to cancel alimony after the child is adopted. If after the divorce the ex-wife remarried and her new spouse adopted a child, child support payments may be terminated.

Finally, the last option would be to deny the relationship. If you can prove that the child is not your own, but was born after his wife’s infidelity, alimony will be removed. True, irrefutable evidence will be required, since according to the law, all children born in marriage are automatically considered to be descended from their mother’s husband, unless otherwise reliably proven.

Cancellation of spousal support

The legislation provides that maintenance payments are made not only to the child, but disabled spouse, as well as to the wife while she is pregnant or raising small child(up to 3 years) or disabled. How can you avoid paying child support in this case?

According to the law, payments to a disabled ex-spouse can be avoided in the following cases:

• if the marriage was too short;
• if the inability to work is caused by alcoholism, drug addiction or criminal acts the former spouse himself;
• if the behavior in marriage was recognized by the court as unworthy (what exactly is meant by this is decided by the judge);
• if the marriage was not dissolved in as usual, but declared invalid.

How can I reduce my payments?

If the payer wondered how not to pay alimony in in full, he can take the following steps:

1. Prove in court that the established amount of payments is such that it seriously violates the interests of the payer himself or his new family. For example, if after a divorce the former spouse remarried and was born into the marriage new baby, the court can meet him halfway and reduce the amount of alimony so that the maintenance of the older child does not come at the expense of the younger one.
2. Prove in court that the mother uses child support not for the child, but for herself. This is a completely legitimate reason to reduce payments.
3. Go to university to receive higher education. For students studying at full-time department, the amount of alimony can be significantly reduced.

Modern legislation establishes that parents are obliged to take care of their children and support them until they reach adulthood. The law does not make an exception to this rule in the case of alimony payments. A parent living separately must share in the costs of maintaining his own. But what about those debtors who do not have a job or have lost it?

Amounts of alimony payments for the unemployed

In what amounts should alimony be paid if you are fired, if the debtor does not work (or works “in the dark”)?

This is determined by exactly how the relevant duty was established:

1. Agreement on payment of alimony. In this case, all issues regarding the payment of alimony depend entirely on the parties themselves.
2. By court decision. Such alimony can be paid in the form of:

• percent of the payer's income;
• a fixed amount and interest at the same time.

It is alimony in a predetermined amount that is most often prescribed by the court when a parent turns out to be unemployed or “gets by” doing odd jobs or working unofficially.

Most often, the basis in such cases is the cost of living and the average salary, which depend on the region of residence of the alimony recipient. When assigning the amount, the number of children whom the alimony payer is obliged to support is also taken into account. Child support payments cannot be canceled in any way due to lack of work

If the alimony payer quits or is fired, and in fact does not have a job (is unemployed) and is registered with the employment service, the court may establish alimony as a share of the benefit received. However, if the second party can prove that the benefit is not the only type of income, and the debtor has other regular income (for example, from renting out housing), the court may additionally award alimony in a fixed amount.

Reducing the amount of alimony for those who have lost their jobs: methods and reasons

Despite the obligation to support the child until adulthood, the law provides for the opportunity for the alimony payer to reduce its amount.

Thus, the Family Code indicates that it is possible to reduce alimony or be exempt from paying it if the payer’s family or financial situation(for example, the payer lost his ability to work due to some illness (and ended up without work), children appeared in a second marriage, etc.). To do this, you need to file a corresponding statement of claim with the court, in which you must indicate exactly what circumstances prevent payments from being made in the same volumes.

When considering the case, the court will take into account the financial and family situation of each party, as well as other circumstances important to the case.

What other methods can you use to pay less?

1. The simplest and most difficult at the same time is to come to an agreement with ex-wife. You can offer her to pay a smaller amount, but help with the child more often: meet her after school, take her to activities, pick up certain days, buy food, clothes, etc. It is very important here a good relationship With ex-wife, because if the amount of alimony is already set at one amount, but in fact is paid in less, she has every opportunity to go to court to recover the underpayment. The solution here may be to obtain receipts from the child’s mother, where the required amount will be indicated.
2. Some alimony payers who have children from a current marriage use a rather risky method to reduce alimony by turning the current wife to court, because... modern legislation does not prohibit married spouses from demanding funds for child support through the court. So, if a parent has two children, one from each marriage, the court will withhold 33% of all income from them. This means that only 16% will go from the budget for a child living separately instead of 25%.
3. If the child has property that generates income, you can try to use this to justify your demands for a reduction in child support payments, even if you are not unemployed.
4. If the payer has reason to believe that he is not the biological father of the child, then by challenging his paternity in court, he will be released from alimony. But the main thing here is to prove that you were not aware of this fact at the time of the birth of the child.

Termination of alimony payments

Article 120 of the Family Code (as of 2018) lists all the grounds upon the occurrence of which the obligation to pay alimony can be considered terminated. These include:

1. For alimony paid by agreement:

• death of one of the parties;
• expiration of the agreement;
• the occurrence of an event that is provided for in the agreement as a basis for termination of payments.

1. For alimony ordered by the court:

• death of the payer or child;
• the child's coming of age;
• adoption of a child.

As you can see, there is no reason to lose your job, so you cannot count on a complete cessation of payments just because you “don’t have a job.”

Alimony from the unemployed in 2017 or 2018: how much to pay

In order to calculate the approximate amount of alimony due for payment from an unemployed person in 2017, one should proceed from the indicators for average salary and the cost of living in your region on the date of the decision to pay alimony, the same can be said about 2018. A certain share of this amount will be the answer to the question of how much to pay in the end! See these shares below, in the highlighted block of text. ⇓

As these indicators grow, the amount of alimony calculated on their basis will also increase. To be fair, it should be noted that this growth is quite low, only 3-7% per year.

As for income shares, in which payments are calculated, in 2018 they will remain the same as in the past: 25% for one child, 33% for two and 50% for three or more children.

Also, the amount of payments from the unemployed may be determined by the agreement; in this regard, as of 2018, there are no changes.

In cases where a family breaks up, the most vulnerable party is the child. That is why the law requires both parents to support the child until he comes of age, strictly limiting the cases that allow a reduction in the amount of alimony or exemption from paying it.

If you are a woman and want to know how to collect alimony, then watch this video:

Unfortunately, in currently many babies grow up in single-parent families. Basically, after the parents divorce, the mother remains with the child. But the legislation in the Russian Federation protects the rights of children.

Therefore, fathers are obligated to contribute certain amounts monthly for the maintenance of their heirs.

Some people take responsibility for paying money, but there are also fathers who shy away from this.

How not to pay child support if you work unofficially or do not work It's no secret that many citizens in the Russian Federation lead labor activity unofficially. For this there may be different reasons

. For example, some employers themselves illegally employ workers in their offices in order to evade paying taxes and other mandatory contributions.

In other situations, a person has a permanent unofficial source of income, which is enough for him to live a comfortable life.

Many informally working men are willing to voluntarily allocate funds for their children every month. Another question is how to do this.

Some respectable alimony providers even independently consult with legal experts on the question: how to pay alimony if I do not officially work? In any case, you should not try to deceive in any way ex-family

and judicial authorities. This will only contribute to the accumulation of debts and possible further activity on the part of the bailiffs.

In accordance with the law, child support obligations can be lifted only in two situations: upon the death of the father or when he is declared missing.

• In all other cases, the man is obliged to contribute funds for the baby.
• If a person does not work under a contract, the court usually offers the following options:

depositing funds monthly in a fixed amount;

one-time large payment. How much to pay alimony if you do not officially work in 2019 - 2019 In practice, non-working people are assigned

1. the following types
2. payments: When choosing the option with a fixed amount, the amount of monthly payments is calculated, as a rule, based on the cost of living in a particular region. If you choose the method with lump sum payment, then the payer is obliged to transfer a certain amount for the maintenance of the baby or give him

valuable property , for example, real estate. At

If you do not make payments on time and in full, the second spouse may apply to the court to collect full size debt. In this case Judicial authority may also add penalties and interest to the debt.

In some situations, debtors are held criminally liable.

How should I pay child support if I work unofficially and receive income?

There are two options that allow you to resolve the issue of finances allocated for children - a peace agreement with your ex-wife and court proceedings:

If the amount of payments for the maintenance of the heir is determined by the court, then it is guided by the following criteria:

• the amount of profit of the mother;
• the number of minor children the child support provider has;
• region of residence;
• health status of all parties to the process;
• the date of dismissal of the alimony worker from his legal place of work, if he was previously officially employed.

Video: Judge explains

What are the options?

How to pay child support if I work unofficially:

1. If a citizen does not work or does not intend to find employment under a contract in the near future, it makes sense to register with the local Employment Center as quickly as possible. There, most likely, they will allocate a small unemployment benefit for him. Although its size is relatively small, it will still be considered a source of income. Therefore, the allowance can be used to pay money for child care. The same situation is suitable for those citizens who were fired from their main place of work.
2. If the above option is not suitable, or the citizen has been deregistered at the Employment Center, then another method is available. For example, if the alimony worker performs some work, for example, renovating apartments, then you can enter into a contract agreement with your clients. This is a type of civil agreement. It should indicate the amount for your services. From these funds you can transfer a certain share into account monthly payments. For proof, you can present to the bailiffs a receipt for payment of funds and a contract.

In the second case, the amounts specified in civil contract, remain at the discretion of the citizen. He can either indicate real income or deliberately underestimate it in order to further reduce the amount of alimony payments.

But it is worth remembering that in this situation you will also have to pay taxes on such income, since the person works for himself.

Is it possible to reduce

In practice, sometimes the amount of payments for the maintenance of the heir actually decreases. Many alimony payers expect this and many recipients fear this. There must be a compelling reason to reduce your monthly payments.

The interested party will be required to gather all necessary documents, and correct composition statement of claim and initiation of legal proceedings.

It is quite difficult for courts to make decisions on this issue.

Therefore, in some situations, alimony providers are faced with delays in the case or a refusal to reduce alimony due to insufficient evidence that may justify the need to reduce monthly payments.

Each situation related to alimony obligations is individual and determined by many factors.

Which ones exist? legal grounds to reduce monthly payments:

1. Disability of the alimony provider, which entails additional expenses for your own content.
2. The presence of other persons interested in alimony or the presence of dependents on the man. It also happens that these persons do not receive the funds they are entitled to by law due to the fact that the man monthly pays funds to his ex-wife for the maintenance of his offspring.
3. Reduced income for the alimony worker. This situation can occur if a person paid money to support his offspring while employed, and then lost his job due to circumstances beyond his control.
4. Collection from the alimony provider of funds for the maintenance of children from different mothers. On the one hand, the payer is obliged to allocate 25% of income to support the child. On the other hand, based on the norms family law, for two children an amount equal to 33.3% of the income of the alimony provider is provided.

These grounds cannot be used to reduce the amount of payments:

• large income of the parent with whom the offspring lives, provided that the real income of the other party is much less;
• the heir owns any property that does not actually bring him money;
• receipt of a pension by the heir on a legal basis.

If there is a debt on alimony obligations, the court may require it to be repaid before considering the case.

Ways to reduce

In order to officially reduce the amount of monthly payments, you will need:

1. If there is an agreement with the ex-wife, change it by agreement with the other party and after contacting a notary. In practice, this option is extremely rare, because few recipients of funds are willing to voluntarily reduce them.
2. If payments are determined by a court decision, then only it has the right to reduce or increase them. In this case, it is recommended to apply. A hearing will be scheduled to consider all the circumstances surrounding the reduction in the amount. In this case, the plaintiff will need to prove the grounds that he cites in the claim.

The problem of alimony payments is quite acute for some citizens. It would be good if the former spouses were able to agree peacefully and establish a payment amount that suits both.

But sometimes enough arise controversial situations. Sometimes you may even need legal advice on this issue.

Dear visitors! Due to the fact that questions legal nature are individual, and articles are exclusively informational in nature, then we advise you first of all to use the services of free legal advice. You can ask your question in this form or contact a lawyer via chat.

The law implies mandatory participation in raising and providing for children of each of their spouses, including if one is unemployed. If the spouse who pays alimony has lost his job by law, then the calculation is made based on the size of his last salary. work book, provided that he has worked for the last three months.

How is child support collected from an unemployed disabled parent? It all depends on the parent’s disability group. If the father has a disability of group II or III, under which he can work in light types of work, then the court, in addition to the share of the benefit he receives due to the child, may assign some additional amount of money. If the parent is a disabled person of group I, then you should not count on alimony amounts higher than the share of the benefit. In any case, when determining the amount of alimony collected from an unemployed disabled person, the court will take into account information from medical certificates, indicating his state of health.

If you are a pensioner

All pensioners who are obligated to pay child support pay it. The only exceptions are citizens receiving pensions due to the loss of a breadwinner. Before collecting payments from a pensioner, you need to clarify whether he works somewhere officially or not. Most pensioners in Russia are employed and receive both a pension and a salary. In this case, alimony is calculated from all types of income.

Not on the labor exchange

In such a situation, alimony from the unemployed must be collected exclusively in the form of specific amount money. How to determine it? To do this, you need to calculate the monthly costs for a child:

• for accommodation, payment of utilities;
• for food;
• for clothes and shoes;
• to pay for nanny or day care services;
• for children's entertainment, a trip to the circus, for example;
• on toys - what baby doesn’t need them;
• on medicines - no one is immune from illness.

For all these costs, you need to make a detailed summary list, indicating down to the penny. This list should be attached to the package of documents prepared for the visit to court. The resulting amount in the list must be divided by two, since both parents are required to bear maintenance costs common child. The required figure will become the amount of the required payments. Alimony collected from an unemployed person for the maintenance of two children is calculated in a similar way.

Procedure

So, where to start the procedure for collecting alimony from an unemployed person?

• Step one. We are trying to negotiate with an unemployed father about registration voluntary agreement about alimony. The unemployed parent may have other sources of income, such as dividends from bank deposits or income from renting out a house.
• Step two. If a parent refuses to voluntarily provide help, we will find out whether he is registered as unemployed. If so, we ask him to request a certificate from the Employment Center about the amount of benefits received. We attach it to the package of papers for the court. We also clarify when exactly he lost his job, and whether a year has passed since that moment. This information is relevant for determining the amount of alimony.
• Step three. We are collecting a package of documents for the court. Their detailed list presented below.
• Step four. We estimate the monthly costs for the child and draw up a detailed calculation.
• Step five. Let's go to court.

The main goal is to prove in court that the requested amount of alimony is completely justified. To achieve this, it is important to correctly calculate the costs for the baby and not miss a single detail.

Statement of claim

In 2019, there are no new requirements for writing a claim for alimony from an unemployed person. Can be used standard forms for alimony placed in open access on the official websites of judicial districts. IN court statement it is indicated that the defendant is not working, and the requested amount of alimony is justified. A sample application can be downloaded here.

What documents are needed? The package of documents consists of:

• plaintiff's passport;
• a document indicating the relationship of the baby with the defendant - a birth or adoption certificate or a court decision;
• marriage or divorce certificates of the plaintiff and the defendant;
• certificates of residence of the plaintiff with the baby;
• certificates about the amount of unemployment benefits received by the defendant (if he is recognized as unemployed);
• certificates about the amount of the defendant’s pension (if he receives a pension for any reason);
• calculating costs for a child;
• papers confirming expenses: checks, receipts, etc.
• Copies are sent to the court along with the originals.

Let's summarize. Alimony from unemployed citizens in Russia is collected according to general principle. They are awarded either in a fixed amount of money plus a percentage of the defendant’s other income, or exclusively in a fixed amount. Alimony is also withheld from unemployment benefits, pensions, including disability benefits. The only exception is survivor benefits.

The minimum alimony payment for the unemployed is not established by law. But, as practice shows, it is associated with living wage for a child installed in a specific region. In any case, the court assigns an amount commensurate with meeting the child’s usual needs.