Divorce is a serious event, especially if there are children in the family. The child remains to live with one of the parents, but both mom and dad are obliged to support him, even if one of them is deprived of parental rights. Quite often, alimony is paid by agreement of the parties, but it can also be ordered by the court.
Necessary
- - agreement between the parties;
- - bank cards or savings books;
- - performance list.
Instructions
Step 1
A voluntary agreement is beneficial to all parties. The child understands that the parents, although they no longer live together, still take care of him. The agreement will save both parents a lot of time and nerves. Therefore, agree with the other party on the amount and payment procedure. There is a minimum amount of child support for one, two or more children. In the first case, the parent pays a quarter of the salary, in the second - a third, and for three children or more - half. But no one forbids paying even larger amounts.
Step 2
Make a written agreement. Indicate how much you will pay, how often and in what way. Most often, alimony is paid monthly, but other frequency is also possible. The main thing is that it suits both parties. The payment method can also be any. Try to provide such that, if necessary, you can present a payment document. This can be a check, a receipt from a bank or post office, or a bank statement. The law also provides for personal delivery. In this case, do not forget to take a receipt from the other party. The agreement is not drawn up with the child, but with the second parent, in whose name the alimony is transferred. Certify the contract with a notary.
Step 3
Pay child support in strict accordance with the terms set out in the agreement. Don't forget to save your payment documents. If you want to change the terms of the agreement (for example, change the timing or payment method), try to agree on this with the other party. Unilateral revision of the contract is possible only through the courts.
Step 4
If the parties failed to reach an agreement on the procedure for paying alimony, the case will be resolved through the court. He determines the amount and procedure for payments based on the official income of the future payer. If you do not officially work anywhere, the amount of alimony is calculated from the amount of unemployment benefits.
Step 5
In some cases, one of the parents can file a child support claim without a divorce. This is usually done if the other parent refuses to support the family.
Step 6
A court decision or a voluntary agreement must be strictly observed. If the payer does not fulfill his obligations, the other party can file a claim in court that the alimony is not paid. The judicial authorities are very attentive to such claims and make decisions promptly. If, even after the new decision, a person evades paying alimony, the case may end with the intervention of bailiffs, a ban on travel abroad, confiscation of property and even imprisonment. At the same time, the obligation to pay alimony is not removed even from the prisoner.
