There are frequent cases when it is necessary to collect alimony for minor children from an unemployed person. This can be done even if the spouses (cohabitants) have not come to a mutual agreement on the maintenance of the child. In this case, the woman must go to court, which will establish the amount of payment to the negligent parent.
Necessary
- - application in the prescribed form;
- - marriage certificate;
- - birth certificate of the child;
- - an extract from the house book;
- - receipt of payment of state duty
Instructions
Step 1
According to the instructions of enforcement proceedings concerning this issue, if a person has not worked (does not work) anywhere or does not want to submit documents that would confirm his income, the debt is determined based on the amount of earnings he received at the time of debt collection. The amount of alimony must not be less than the amount of the minimum wage accepted at that time. If the debtor does not work, the amount of the debt is set in accordance with his salary at the last place of work, and in the absence of such - based on the size of the average salary established for the region of residence.
Step 2
In case of mutual consent, an agreement can be concluded regarding the payment of alimony for common minor children. It is drawn up in writing and must be certified by a notary, otherwise the paper will not have legal force.
Step 3
If the parents cannot agree on the amount, procedure and conditions for the payment of alimony, the funds are collected in court. Submit an application for the recovery of alimony to the judicial authority at the place of residence of the respondent or plaintiff. It is drawn up in the prescribed form, a sample of which you can get in court or find on the Internet. You can go to court in person or send a statement in a valuable letter by mail.
Step 4
Attach to the application for the collection of alimony: a marriage certificate, a child's birth certificate, an extract from the house book, a receipt for payment of the state duty (about one hundred rubles) and other documents necessary for the case at your discretion.
Step 5
The court order, according to the law of the Russian Federation, is issued within 5 days from the date of receipt of the application to the court. The parties' summons and court proceedings are not required for this.
Step 6
From the moment the writ of execution is received by the bailiff, he will begin to look for the debtor's property to satisfy the court's decision. A request will be sent to the pension fund in order to find out the defendant's place of work and the availability of his deductions. Organizations such as the Employment Center, the BTI, the State Traffic Safety Inspectorate, banking structures, including commercial, etc., as well as the rest of the debtor's personal property will not be ignored either.
Step 7
If alimony payments are regularly delayed, the debtor can be prosecuted with the help of the same bailiff.
