The number of single-parent families in Russia has grown to 30%. What if you are a single mother and forced to raise a child without the participation of a father? How to protect the interests of your child and on whose side is the law? We asked urgent questions to lawyer Oleg Sukhov.
If your child is under the age of three, but you do not receive material support from your husband or ex-husband, you should remember that you can declare alimony not only for the child, but also for yourself.
How is alimony collected?
You can apply to the court for child support and child support if your child is under three years old. If it is possible to negotiate voluntarily, without a court, then a notarial agreement can be signed. And it will simplify the procedure. Firstly, a notarial agreement can be signed within a few hours and money can already be received on its basis. Secondly, you yourself decide how much will come from the father of your child.
Alimony Agreement:
- It is concluded between a person obliged to pay child support and their recipient;
- Regulates the size of the condition and the procedure for the payment of alimony;
- Written in writing;
- Be sure to be certified by a notary;
- Has the power of writ of execution.
If suddenly the spouse will not fulfill this agreement on the payment of alimony. It has the power of a writ of execution and it can immediately be submitted to the bailiff service, bypassing the court.
If the agreement on the payment of alimony cannot be signed (one of the parties refuses to sign it or the parties cannot agree on its contents), then in this case it is possible and necessary to apply to the court. That is, you submitted an application, indicated that you want child support to be recovered from your spouse / former spouse / father of your child or children, then the court issues a court order within five days from the filing of this application.
There are two ways to appeal to a court
1. Simplified (order of production). The court issues a court order within five days from the moment you filed the application and forwards it to the debtor, i.e. the person in respect of whom the court ordered the payment of alimony. He has the right to appeal against it or not to appeal it within 10 days. If he does not appeal, then the court order is transferred to the bailiff service, which we will talk about later, and if he appeals it, the court order is canceled and you can file a claim for the recovery of alimony.
Order production procedure:
- It is carried out without summoning the parties to court (the case is considered by the judge independently);
- It is based on a court order, which is a court order and an executive document;
- A court order shall be issued within five days from the date of receipt of the application in court.
2. Claim proceedings - the second version of the trial of alimony. In this case, the statement of claim for alimony is also filed with the court, and the relevant documents are attached. An application is already being considered here within 1-2 months.
Claim proceedings:
- Occurs in court with the participation of both parties;
- The court decides on the period, amount, method of transferring alimony;
- On the basis of a court decision, a writ of execution is issued;
- The court considers the application within 1-2 months.
How to determine the amount of alimony?
Alimony can be recovered in two ways:
- In percents in relation to the spouse’s income: if you have one child, then 1/4 of the income, if two - 1/3, if three or more - this is half the income of the spouse.
- If the spouse does not have income or his income is constantly changing, or he receives income in foreign currency, or for some other reason it is difficult to recover child support as a percentage of income, then child support is collected in hard cash. They can be exacted, absolutely, in any size: from small to large. The court makes a decision and issues a writ of execution, a writ of execution is transferred to the bailiff service.
The collection of alimony in a fixed amount is established if the defendant:
- Does not have a regular income;
- Receives income in foreign currency;
- Does not have an official income.
How to receive the money?
To get the money you need to start a new procedure - a new enforcement machine. Those. You take a court order or writ of execution and carry it to the bailiff service. Or ask the court to mail the bailiffs service by mail. Better to do it yourself! And it will be faster.
The bailiffs initiate enforcement proceedings, notify the debtor that there is a writ of execution, there is a decision to institute enforcement proceedings and ask the debtor to pay the N-th amount, which the court awarded, on a monthly basis.
What to do if the debtor does not pay child support?
How can one influence or push or maybe punish him? There are several options.
Option number 1 - apply to the court with a claim for the deprivation of paternity;
Second - bringing to administrative responsibility. If for more than two months, for no good reason, a person does not pay alimony, then he can be brought to administrative responsibility - this is a fine of 20 thousand rubles, this is arrest for a period of 15 days, this is correctional forced labor for up to 150 hours.
Third - if the debtor doesn’t pay you alimony, then he can be prosecuted. Criminal liability is possible: if failure to pay child support takes place several times in a row (malicious evasion), when you do not pay constantly, the bailiffs will constantly send you a request to pay child support, but you will not pay; if you have been brought once to at least administrative responsibility. Criminal liability is imprisonment for up to one year, i.e. you can really be planted for a year.
What to do if the debtor does not pay child support?
- File a statement of deprivation of parental rights;
- To bring the defendant to administrative responsibility;
- Criminalize the defendant;
- File a claim for the recovery of the penalty for alimony.
Another interesting option that I highly recommend using is the recovery of a forfeit. If alimony is not paid, then you must remember that you have the right to present claims for the recovery of the penalty. She's just awesome! And it cannot be reduced, which is very important!
The penalty for non-payment of alimony for their delay is 0.5% for each delayed day.
For those who do not pay child support, it is still recommended to pay them.Firstly, because you pay them for your children. It is very important, it is very necessary that they develop normally, are brought up and trained. Secondly, you need to remember about liability: administrative, criminal and property, which can bring you to bankrupt when they recover a penalty in the amount of several million rubles, and then foreclose all your property. You will just stay on the street. Therefore, remember your children, remember your obligations and remember that you will be severely punished if you do not pay child support and provide for your children.
About how the collection of alimony occurs, says lawyer Oleg Sukhov:
The main thing is not to be afraid to go to court. Unfortunately, I know several women who spent a lot of time and nerves without going to the courts, believing that it was long and painful. But it turned out the opposite.
How to attract a father who has gone 7 months pregnant and naturally has a dash in his birth certificate for alimony, but there is no conscience for the unfortunate man? And they were not officially married.