Alimony obligations arise in relation to minor children or incompetent parents and are regulated by Chapter 13 of the Family Code of the Russian Federation. Alimony can be paid by concluding a voluntary agreement in writing with mandatory certification by a notary or in a notarial form. In the absence of this document, alimony is paid by court order. Obligations to pay arise regardless of the financial situation of the defendant and the presence or absence of income.
Necessary
Voluntary agreement or writ of execution
Instructions
Step 1
If you have entered into a voluntary agreement on the payment of child support, then you must strictly comply with it, regardless of whether you currently have a job or are unemployed. In a voluntary agreement, payments can be specified both as a percentage of the amount of income, and in hard cash equivalent.
Step 2
You can change the voluntary agreement on the payment of alimony at any time (but only with bilateral consent) and write it in a simple written form, be sure to notarize it or conclude it in a notarial form. This is especially true if you are temporarily unemployed and unable to pay the previously specified amount.
Step 3
If the parties have not reached a mutual agreement on the payment or change in the amount of alimony, then this issue is resolved in court. The court can also order the payment of alimony in a fixed amount or as a percentage. If you are temporarily unemployed, then alimony will be paid from the amount that you are given as unemployment benefits. If this figure is below the minimum wage at the time of consideration of the alimony case, or you do not receive benefits at all, then you will be awarded payments based on the minimum wage.
Step 4
For one child you will pay 25% of the minimum wage, for two - a third of the minimum wage, for three or more children - 50%. For 2011, the minimum wage in the Russian Federation is 4611 rubles.
Step 5
If you cannot pay child support, then the bailiffs have the right to describe your property. For each day of delay in maintenance obligations, you will be charged a penny of 0.1% of the amount owed, based on the refinancing rate of the Central Bank of the Russian Federation at the time of accrual.
Step 6
You are obliged to repay the entire amount of the debt, regardless of whether the child has reached the age of majority and legal capacity or not. The debt can not be paid only in the event of your death or the death of a child or an incapacitated parent who was awarded child support.
