Alimony is payments that parents make to their children. They can be appointed in case of divorce or, in some circumstances, when living together.
How alimony is assigned
In a divorce, the child remains with one of the parents, but the other must also participate both morally and financially. And the issue of regulating payments is decided in court. With the mutual consent of both parties, it is not possible to officially file alimony, and the second parent will provide assistance on a voluntary basis according to the agreement. This is not recorded anywhere, but simply a verbal agreement.
In case of disagreement on this issue, the problem is resolved through the court by submitting a special application and a divorce document. According to the Family Code of the Russian Federation, alimony is assigned either as a percentage of wages: 25% - for one child, 33% - for two and 50% - for three or more children, or in a fixed amount. The second option is usually used in the case of inconsistent earnings or none at all. The court determines the amount based on the material capabilities of the payer, and also takes into account the needs of the child. At the moment, the issue of establishing minimum payments is being considered.
Sometimes there are situations when alimony is filed while in an official marriage and living together. Most often this happens when a spouse has a child, to whom he already pays alimony, and then another is born in a new family, and in order to reduce payments for the first child, i.e. pay not a quarter of the salary, but 16.5% (that is, divide 33% between two children), and serve for alimony.
Alimony is assigned to help minor children, i.e. until they reach 18 years of age. In some cases, payments stop earlier when a child becomes capable of working before that age as a result of starting a family or getting a job.
The term of payments can be extended in several cases: when the child is incapacitated (disability) or when it is impossible to provide for himself (illness, difficult life situation). In some cases (when entering a university for a full-time department), payments may be required for the period of study until the child reaches 23 years of age.
If the child is adopted by another person, then alimony payments also stop, and all rights and obligations are transferred to the new parent.
Responsibility for non-payment of alimony
Unfortunately, not all parents agree to help their children. It happens that they either hide from payment at all, or forge documents, reducing the amount of income.
If the alimony was filed officially, but payments are not made, then you need to go to court again with a statement of default. And then the bailiffs come to the former parent and seize the unpaid amount with interest on delay. In the absence of the required amount of money, it is possible to pay with the property he has. If a person works, then the option of sending a letter to work and withholding money from his salary for alimony is possible.
Repeated violations and delays in the payment of alimony without serious reasons can lead to criminal liability. Therefore, you should not joke with this, especially since you are helping your child.
