The payment of alimony is a fairly common practice in the case when the child's parents, for whatever reason, do not live together. It comes with a number of legal issues that you need to know.
Necessary
- - the passport;
- - certificate of marriage or divorce;
- - a copy of the marriage or divorce certificate;
- - birth certificate of the child;
- - a copy of the child's birth certificate;
- - application (by sample);
- - a copy of the application;
- - a certificate from the housing department about the registration of the child.
Instructions
Step 1
The right to receive child support is granted after the birth of a child and until the child reaches the age of majority (18 years). After this period, there is an opportunity to collect alimony arrears for previous years, if any. The issue of debt repayment is raised in court, within a three-year period, or regardless of the time of the start of non-payment, if the debtor is put on the wanted list.
Step 2
One of the parents, the adoptive parent (if he is alone), the trustee or guardian (or the guardianship and guardianship authorities) and the administration of the institution where the child is brought up have the right to file a claim for the recovery of alimony. Legally, it is considered that refusal to receive alimony is an action contrary to the interests of the child, and taking measures to obtain them is the responsibility of the conscientious parent or person replacing him.
Step 3
The amount of the alimony is determined by the court. They are accrued after taxes, monthly, from wages and other income (allowances, bonuses, scholarships, income from entrepreneurship, etc.). If the payer is in a correctional or medical institution, or if he is forced to do corrective labor, alimony is paid out of all earnings, excluding deductions for maintenance in these institutions and deductions established by the court. The amount of payments by court order can be increased (if the payer's salary is low and the standard scheme for calculating child support does not cover the needs of the child) or decreased (otherwise).
Step 4
Children who are recognized as incapable of work or in need of financial assistance have the right to collect alimony after eighteen years of age. Parents are obliged to provide for such children, regardless of whether they themselves have sufficient funds to pay alimony. In exceptional cases (serious illness, injury), the court can collect additional funds for the maintenance of the child.
Step 5
The claim can be filed both at the place of residence of the plaintiff and the defendant. At the same time, the state duty is not paid. If the place of residence of the defendant is unknown, the judge puts him on the wanted list through the internal affairs bodies, and the parent can apply to the social security authorities with a demand for an increased monthly benefit. Copies (according to the number of persons involved) and documents confirming the income of both parties are attached to the claim. Alimony is awarded from the moment the claim is filed, and if the fact of the defendant's evasion of payments earlier is clarified, the corresponding amounts for the previous period (no more than three years) may be recovered.
