In accordance with the Family Code of the Russian Federation, parents are obliged to provide for their minor children, regardless of whether they live together or not, as well as regardless of income and financial situation. Most often, alimony is paid upon divorce, but the law does not prohibit collecting it while married, if one of the parents does not want to participate in the material maintenance of their children.
Necessary
- - voluntary agreement;
- - judgment.
Instructions
Step 1
You can draw up a voluntary agreement on the payment of alimony, drawn up in writing or in notarial form (chapter 16 of the RF IC). If a voluntary agreement is written by hand, then be sure to have it certified by a notary.
Step 2
In the voluntary agreement, list the support in a flat amount that will be paid on a monthly basis.
Step 3
If for some reason the paying party wants to change the agreement, then do it voluntarily or through the justice authorities.
Step 4
You do not have to enter into a voluntary agreement on the payment of alimony, but immediately go to court. The defendant will be ordered to pay child support enforced. For one child, you will receive 25% of the respondent's gross monthly income, for two children - 1/3, for three or more - half of the respondent's income.
Step 5
The specified amount of the percentage of income cannot be less than the minimum wage in the country at the time of the court ruling.
Step 6
If you know that the defendant is hiding his income, file a complaint with the court. Your case is only to submit an application, all evidence must be provided by law enforcement agencies by investigating the facts.
Step 7
You can increase or decrease the amount of alimony, but only by a court decision or by voluntary agreement, if there are compelling reasons for this. It is possible to increase cash payments if the child needs expensive treatment, if the defendant has a sufficient level of income, and the child needs it, if the defendant stopped paying alimony to one or several children upon reaching the age of majority. You will also be able to receive a large amount if the defendant has a debt, then up to 75% of all the debtor's income can be deducted in favor of the children or the child until the debt is fully paid.
Step 8
Your child support may be reduced if the defendant has other minor children or disabled dependents, or if the court finds other grounds valid. And also if the defendant's income is too high and the percentage of alimony exceeds all reasonable limits.
