Payers of alimony serving a sentence of imprisonment pay alimony in the amount determined by a judicial act or notarial agreement. In this case, alimony is deducted from their official earnings, which they are charged as a result of their labor activity in the place of serving their sentence.
The maintenance of minor children is the responsibility of any parent, and the fact of serving a sentence for the commission of any crime does not exempt from this obligation. Such citizens have a certain income, the amount of which, in accordance with the penal legislation, cannot be less than the minimum wage determined by the law. The specified remuneration is charged to prisoners as a result of their performance of certain labor duties in the process of serving a sentence. That is why the amount of alimony for such persons is determined in the usual way - in the form of a certain share of regular income.
How to enforce the recovery of alimony from a prisoner?
If one of the child's parents is serving a sentence, then the other parent or legal representative may apply to the court with an application for the issuance of a court order for the recovery of alimony. After considering the case and receiving the specified document, the claimant sends the court order to the administration of the correctional institution in which the parent of the child is serving the sentence. Upon receipt of this document, the administration will forcibly withhold the share of the prisoner's monthly remuneration established in the judicial act and transfer these funds according to the details that the recoverer should indicate in the application. It should be borne in mind that the minimum share of earned funds, which should be transferred to any person serving a sentence, is only a quarter of his total remuneration, so the rest of the funds can be withheld to fulfill such requirements, to reimburse the costs of maintaining the prisoner himself.
How to recover alimony from a concluded agreement if there is an agreement?
In some cases, the child's parents conclude an agreement on its content, which is notarized and has the force of an executive document. If, after the conclusion of such an agreement, the alimony payer ended up in prison, then the child's representative can send the agreement itself with an application for enforced recovery of alimony to the administration of the relevant institution. Such an agreement is regarded as an independent executive document, therefore, after receiving it, the colony administration also has obligations to forcibly withhold the required amount from the parent's earnings.
