The current family legislation of the Russian Federation allows you to receive alimony from a non-working citizen. To collect these payments, you will need to appeal to the courts for a court order or judgment.
Unscrupulous parents often shy away from the obligation to support their own children, expressed in the form of monthly alimony payments. To this end, they may not work or deliberately not get formal employment. Since the main method for calculating alimony is to assign it as a percentage of official income, certain problems arise when receiving appropriate payments from a non-working citizen. However, the family legislation of the Russian Federation provides for a similar situation, offering several options for its resolution.
How alimony is calculated from a non-working citizen
To obtain alimony from a non-working parent, the child's legal representative should apply to the court with a corresponding statement. If in the course of the consideration of the case it is established that the alimony payer has no official income, then the alimony will be calculated on the basis of statistical data on the size of the average wage in the territory of the Russian Federation. The specified amount came close to thirty thousand rubles a month by the end of 2013 (according to Rosstat). Consequently, in the presence of one child, alimony will be assigned in the amount of one quarter of the indicated amount, in the presence of two children - one third, and in the presence of three children - half. Since in most regions of Russia the average salary is lower than the national average, it is unprofitable for potential alimony payers to show the absence of official income when determining the amount of payments for a child in court.
How to get child support at the minimum wage
Many parents who shy away from supporting their children are aware of the features described above, so in court they try to show that they have a minimum official income (for example, in the amount of the minimum wage). However, in this case, the child's legal representative must prove that the specified amount is not enough to support him, and the child's standard of living has significantly decreased compared to the period when the parent brought money to the family. In this case, the court is given the right to determine the amount of alimony in a lump sum (that is, to indicate a specific amount of monthly payment) or to apply a combined method of calculation, which consists in summing a certain share of salary with a lump sum. On the basis of the pronounced judicial act, the child's representative applies to the bailiffs who implement the enforcement procedure.
