Unfortunately, some women find that, after divorce, ex-husbands avoid child support for various reasons, and what to do in such a situation, read RIAMO in the Queen.
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Maintenance in 2018
- Allah Fedin
According to the Family Code of the Russian Federation, it is the legal right of any parent who is raising his or her son or daughter to receive child support; the obligation of a second parent to pay child support regularly; most often after divorce, a woman stays with the children and the man pays child support.
The amount of maintenance depends on many factors, including the manner in which it is processed and recovered, the social and family status of the payer, as well as the social and family status of the child and the applicant.
When a maintenance agreement is made, it is agreed by the parties, but it cannot be lower than 25 per cent of the payer's earnings or other income, and other options are sometimes introduced in the agreement – for example, the conversion of property into child support, the payment of maintenance in the form of food, a lump sum payment over the entire period.
- The amount of compensation may be fixed at a firm amount or equal to 25 per cent of the worker ' s total income, which includes: salary, regular allowances, bonuses, salary for combining professions, scholarships, pension benefits, unemployment benefit, business income, royalties, rental income.
- The amount of maintenance should not be lower than the minimum wage of 1,163 roubles in 2018 in Pomoskovje.
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- Agreement with the former spouse
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Divorce is a serious stress for spouses, and people have different perceptions of stress situations – which means it can affect the payment of maintenance, so if the ex-husband doesn't pay the legal money, the first thing to do is to try to negotiate with him, and often the issues at stake are solved by the world.
In the event of a personal agreement, the parties themselves decide on the amount of the maintenance and the duration of its payment; the former spouses sign an agreement which must be certified by the notary; in the event of a breach of the agreement, the application may be submitted to both the court and the bailiffs.
It should be understood that this option will not be successful if the child ' s father has already made a firm decision not to pay alimony, in which case the mother must go to the authorities representing the law.
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Recourse to the courts
- RIAMO, Korashkov Nikolai
In order for maintenance to be recovered, it is necessary to apply to the justice of the peace – either by order when the father does not hide the place of work and salary, does not dispute paternity, or in action when it comes to determining whether the maintenance will be in a firm amount or as a share of all his income. By the way, at the same time, divorce claims must be filed.
It is desirable to prepare for the court: to obtain legal advice, to collect maximum documents, to find witnesses, and, in some cases, to obtain the support of the social defence.
Upon the court ' s decision in favour of the mother and child, the necessary documents are handed over to the Federal Service of the court bailiffs at the father ' s place of residence to recover the money from him.
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Judicial bailiffs
OFSP Press Service for Moscow Region
After the trial, bailiffs are the principal actors, and it is their responsibility to obtain maintenance from the parent.
Even if the father ignores the judgment, the bailiffs have to force him to pay, and by the way, they have to control the execution of a personal agreement.
Therefore, it is the representatives of the SPF that should be approached when any questions concerning the payment of maintenance arise.
A bailiff will help calculate the maintenance arrears for the entire period of non-payment and will indicate what action is required to obtain the money that is due, and he may also make a search for the debtor if he is hiding – for example, changing his address – and seize his property for the purpose of seeking redress.
At times, abusive parents may be able to earn a "grey" wage or try to hide their income – especially when the court decides to pay a share of the salary.
If there was a court decision for a father who did not pay alimony, the absence of work would no longer be an excuse.
The bailiffs are required to calculate maintenance even from an unemployed person because he or she also has income – for example, unemployment benefit or pension.
- In the event of long-term non-payment of maintenance, the bailiff must be held criminally liable, but this will require a statement from the mother to the appropriate authorities.
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- Responsibility for non-payment
© pixabay.com, geralt
If the child ' s father continues to persist and avoid the payment of maintenance, it is necessary to appeal again to the court or the prosecutor ' s office against the failure of the perpetrator of the judgement or personal agreement; such appeals further encourage the service of the bailiffs and, as practice has shown, help to achieve results as soon as possible.
It is worth remembering that in the course of the proceedings, the father may be deprived of parental rights, but even then he will be obliged to pay maintenance debts.
Family law in no case allows for the cancellation of a debt other than by direct payment.
Even when the child reaches the age of majority, the maintenance debt will not disappear: there will be no new accruals, but the debt will have to be repaid.
According to the Family Code of the Russian Federation, the debtor must pay an additional 0.5 per cent of the amount of maintenance for each day of arrears.
If the parent hasn't paid alimony for more than four months, that's an excuse for a criminal case.
Such a non-payer is threatened by article 157 of the Criminal Code of the Russian Federation, "Non-payment of funds for maintenance of children", which, as a punishment, implies up to a year's imprisonment.
In this case, debtors usually make every effort to repay the debt and to avoid any further delay in the payment of maintenance.
How to get maintenance arrears from the ex-husband all about divorce, alimony and property sharing
In recent times, it has been common for ex-husbands to refuse to pay child support.
Sometimes husbands refuse to pay child support.
Process for recovery of maintenance
One of the reasons for the non-payment of maintenance in our country is the withholding of revenue from the fiscal service.There are many situations in which the accounting records indicate a salary of 1,000 rubles, and in fact a person earns $500, and most unhappy fathers do different tricks, only if the ex-family gets a little.
Men's leaders tend to meet them: companies are both profitable and men's solidarity is shown.
This situation will change when revenues are legalized in our State, irresponsible fathers will no longer be able to evade tax or alimony payments.
It is worth noting that fathers who avoid financial support for their children are predominantly low- or middle-income people.
It is not often possible to meet a woman who has sued for maintenance debts from a former banker, president of a large corporation or politics.
According to the data, there had been one case in court in the previous few years in which a very successful man had been the defendant.
After the dissolution of the marriage, he provided the former family with some $5,000: he paid for the education of a child at a private respectable school, paid for clubs and trips, and bought expensive clothes.
Concealment of revenue from the fiscal service leads to non-payment of maintenance
The ex-wife decided that the amount was insufficient and she brought it to court, as a result of which the husband provided a document from the bookkeeping office according to which he, the deputy president of a small banking institution, had a salary of just over 1,000 rubles per month, and the lady had lost the court and had been left without any funding from her ex-husband.
Recovery of maintenance from a disabled person
How can debts be recovered from a non-payer?
When you are able to provide for a child and his or her father is unable to obtain anything, then make a contract to transfer his or her share of your common-family dwelling to the child. The main condition is that you have another home with your former spouse. In such a situation, you will avoid creating a debt of alimony.
It should be understood, however, that an apartment with a value equal to that of maintenance is not the specific money needed to purchase children ' s clothing, to pay extra expenses or to travel on vacation in the summer.
A firm amount of money determined by the court, such a decision occurs when the ex-husband is unemployed or has a non-permanent income, and maintenance payments will be withheld from his salary when he submits a formal employment document to the court.
Apartment as maintenance
Measures to influence the non-payer
In the event that a non-payer's father's conscience is not reached, he should be subjected to measures to obtain money to support your child-in-law.
The first is the seizure of property, a list of things that have not been subject to arrest since Soviet times, the non-payer will be left with the necessary life support in a single copy, and the remaining remains in the house of an shameless parent will be confiscated, sold, the profits of which will be transferred to maintenance charges.
Pension: Russian legislation provides for the possibility of withholding maintenance from a pension if the former husband has, during his working life, evaded the payment of children ' s allowances.
We're talking to law enforcement, the non-payers have been hiding, they're breaking up and they're gonna be hiding, and usually there's some sort of search, and when you find a maintenance worker, you add to the amount that the state has spent on looking for him, you know, you find no more than 50 percent of the people who don't pay their debts, you know, in small cities, you've been hiding for decades.
Are maintenance on sick leave?
During the Soviet era, he was sent to prison for 12 months.
He can now be arrested for only a few months or re-education through the year.
However, women were not in a hurry to put their ex-husbands behind bars because they were unlikely to pay the money they needed; in such a situation, it was only possible to obtain moral satisfaction.
Arrest of the non-paymenter ' s property
Reasons for men not paying for children
Why do fathers refuse to support their children after the dissolution of marriage?
- The desire for revenge;
- Lack of parental instinct;
- A protest;
- The struggle for survival;
- The moral qualities of a man.
In Russia, divorce is more often initiated by the husband and his wife, but in this situation they do not think of the well-being of their children as instruments of revenge.
When you spend the rest of your life caring for your child by protecting your spouse from it, do not expect a dependent father to pay for the maintenance of your children after separation.
In this case, you will not find your father's instincts in it either.
Several reasons why fathers refuse to support their children
It happens that fathers don't pay alimony in protest that the ex-wife prohibits him from communicating with his children after the dissolution of his marriage.
In the Soviet period, men mostly earned more than women, and now that the husband earns much more than the ex-husband, he does not think it necessary to pay for children from his own small income.
In this particular battle for survival, the other spouse and children are already cared for.
Parents who forget or do not remember that their children want to eat, dress and study, are selfish and infantile; a man with a sense of responsibility has the will and the ability to help his children at any time and in any situation.
Support for the maintenance of the wife after divorce
How to recover maintenance debt after the child has reached the age of 18
The second part of article 120 of the Family Code of the Russian Federation states that child support must be paid until they reach the age of majority, or until they are emancipation, to acquire full legal capacity before the age of eighteen, provided that these children can provide for themselves financially.
Family law provides for cases in which maintenance must be paid after the child is 18 years of age: when he or she is unable to work due to poor health (disability of group 1, 2 or 3) or his or her income is insufficient to meet even the most basic needs of the child. Read here: https://divorceinfo.ru/2427-komu-kakogo-vozrasta-vyplachayautsya-alimenty
That is, in almost all cases, the child ' s alimony payments are terminated after the majority, which is not true of the child ' s maintenance arrears after 18 years of age.
A child who is fully capable of working is not entitled to claim monthly alimony, but is entitled to recover maintenance debts; a person who is not able to work is entitled to both monthly alimony payments and the maintenance debt that has been created by that time.
Maintenance debt by agreement and by court
The calculation of the debt is as follows: if maintenance payments are fixed, the calculation is based on the subsistence minimum in the region.
If alimony as a share of earnings is determined by the income data, if not, the average wage for Russia will be used as the basis.
If child support payments are recovered under a settlement agreement for maintenance payments, the payment shall also be terminated in accordance with the points specified therein.
Parents often do not limit the payment of maintenance to an 18-year-old child, since at that age he or she is still studying and will not be able to provide for himself or herself.
The payment of maintenance debt is also agreed upon by the parents in a voluntary agreement on the terms agreed upon by both parties; for example, in the event of a maintenance debt, it is paid in double amounts or a fixed amount of damages, or it is forgiven at all if the child is already of age.
Maintenance debts arising from a judgement are recovered under general rules, with accumulated damages and full amounts, regardless of the time of recovery.
Who recovers the debt
When a court order for the recovery of maintenance payments is already in place, there is no time limit for the claim and payment of arrears; it is mandatory for payment at any time and in full; only the recipient will be no longer the second parent, but the adult child itself.
If there is no court decision (or voluntary agreement) on the payment of maintenance, but an adult citizen has decided to recover the maintenance from a parent with whom he has lived separately (often the father), then the court must apply to the court and receive a special document, either a court order or an executive record.
Or enter into a voluntary maintenance agreement with that parent, which can be done by an adult child, rather than by the parent with whom he lived (often the mother).
In such a case, the term " limitation period " applies, and only in the last three years prior to the child ' s 18th birthday will the child be able to recover alimony.
Duty won't go away, but he can say goodbye.
As many years as a citizen who has received maintenance from his or her parent, he or she is entitled to payment of the accumulated maintenance debt from his or her father (or mother) in full and at any point in time; the maintenance debt after 18 years will not disappear on its own and will remain on the debtor ' s shoulders until the full amount is paid.
If the debtor is an IP or has other income, the debtor may voluntarily accept the payment order, or the bailiffs will take over the case.
The duty to pay the debt of the debtor is only to relieve the death of the debtor or the recipient of the maintenance; and the burden of paying the maintenance debt after the death of the debtor is on the shoulders of his heirs, if the recipient so wishes.
A parent who has reached the age of majority will be able to forgive his or her maintenance debt, and this decision must be communicated to the court officer who is in charge of the execution proceedings.
Once the recipient has written a declaration of non-payment of the debt, the execution proceedings will be discontinued and it is not necessary to obtain the consent of the second parent who received maintenance until the child reaches the age of majority.
A person who has reached the age of majority has the right to decide whether or not to collect maintenance from an unfriendly parent.
How to beat the alimony debt and what to do if the wife demands a second round of payments
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How to beat the alimony debt and what to do if the wife demands a second round of payments
The 6th April expires two months after the law on strengthening liability for non-payment of maintenance came into force.
According to the Minister of Justice, Pavel Petrenko, there are currently about 600,000 unpaid maintenance workers in Ukraine.
To date, 100,000 of them are prohibited under the new law from travelling abroad, 90,000 from driving a vehicle, and 80,000 from using weapons and hunting.
Together with our experts, Natalia Chacquis, the senior lawyer of Nakas, and Sergei Necrutenko, the family lawyer of Dopo help, we've figured out who, how much and how to pay for the child, and what to do if you're on the list of debtors.
If the divorce occurred during a woman's pregnancy, should the future father pay alimony?
When a child is born, not only will a man be obliged to pay alimony for it in the amount prescribed by the court, but he will also be required to pay alimony for his wife until the child is three years old; maintenance for the mother is also paid during her pregnancy.
But since the exact amounts that the ex-husband must pay as alimony are not prescribed by law, a woman may indicate the amount she considers to be fair.
A decision on the amount of maintenance will be taken during the court hearing, taking into account the financial situation of the former husband and the minimum subsistence level for the spouse.
Even if the husband leaves the decree before the child reaches the age of three, the payment of maintenance does not preclude it.
If the child's father is abroad, how do you get alimony from him?
The trial could also be conducted without the father ' s personal appearance, which required the collection of all the necessary documents and the filing of an application with the court for the recovery of maintenance.
If you do not pay the child's bill, you will not be allowed to travel abroad.
Sooner or later, the father will come to Ukraine because even legal stay abroad is limited, but he will not be able to go back until the debt is repaid.
If the father is legally permanently abroad (depending on the country), the mother has the opportunity to apply to the father ' s country of residence through the Ministry of Justice of Ukraine and to collect maintenance from the father in that country, but the procedure is longer and more costly than the conduct of a trial within Ukraine (it will be necessary to translate documents, send them abroad and have long correspondence with the authorities).
In addition to child support, the mother may collect additional amounts for the child; the tuition fee is included in the maintenance fee; therefore, in the case of insufficient maintenance, the court must request an increase in the amount of the child ' s allowance; in the case of a child ' s treatment, the amount is not included in the child ' s alimony and may be recovered on a one-time basis.
The father will not have the right to refuse money if, for some reason, additional costs are required for the child, such as treatment or for various clubs and courses, the cost of certain physical or mental characteristics of the child.
In order to require the alimonyer to make additional payments, submit to the court a copy of the contract with the university, a copy of the traveller ' s traveller ' s traveller ' s fees, course cheques, etc. The judge will consider the application and, taking into account the support provider ' s material capacity, will determine the amount that he must pay in addition to the maintenance.
If the money was handed over to your mother personally, take a receipt from her indicating the amount and period for which the alimony was paid.
If the money has been transferred through the bank, in making the payment, state that it is child support, such as that of Ivanov I. I. during the "March 2018" period, in which case the court may grant a bank release and confirm the transfer if necessary.
Are maintenance provided if his child is married and has a child?
The child ' s marriage, like the child ' s giving birth, is not a reason to stop paying alimony; the father shall continue to pay the alimony ordered by the court until his child is 18 years old or has completed his studies.
There are two types of maintenance, up to the age of 18 and up to the age of 23, or until the end of their studies.
If the child has gone further after school, the mother is entitled to sue the court for alimony until the end of her studies or the age of 23.
In doing so, the father will be obliged to pay alimony if the child is only studying in the daytime, and no payment is due to the parents or students in the evening form.
If dad got into a non-payer's database, how does he get out of there?
The non-payer's database includes people whose maintenance debt exceeds six months, and it doesn't have to pay maintenance for six months, it can accumulate, for example, the father didn't pay alimony for a month, then he paid for a month, then he didn't pay for two or three months again, then he paid again for a while.
All months of debt are added up and, when the amount reaches six months, the debtor will be placed on the register.
To get out of it, you have to pay off the entire amount of the debt and come to the government agent with proof that the money came into the child's account, which could be a receipt from mom, a check from the terminal, a receipt from the bank for the transfer of funds, etc.
Once the payment documents are received, the agent must remove the data from the debtor ' s list, but no one can state the exact time within which they occur, i.e. the practice has not yet been fully tested. The only thing to say precisely is that the time limit for the disposal of information should not exceed the standard 30 days allowed for the consideration of a citizen ' s application.
Therefore, an ex-boyfriend needs to obtain a certificate from the public servant to clear a debt that he will be able to bring to customs or police in the event of a car stoppage.
A maintenance debt could be obtained in the past, but not more than three years from the date of the application, i.e. if the child was 19 years old, the former husband could be forced to pay the debt for years when the child was 16 to 17 years old.
At the same time, in order for the court to order an unfair alimonyer to pay the debt, the mother must provide proof that she had attempted to recover the alimony in her time, and the ideal will be written petitions, notarized maintenance contracts, etc.
If not, the testimony of witnesses or of the child will be taken into account in court.
How can a father ' s real income be confirmed if he is more formal in order for the court to set a real amount of maintenance?
In determining the amount of maintenance, in accordance with article 182 of the Family Code, the court takes into account not only the official income of the person paying maintenance, but also the existence of real estate, bank accounts, as well as the cost of the purchase of various goods whose value currently exceeds 17,620 hryvnias (ten times the subsistence minimum).
When applying to court, a woman may claim one of the two options for the recovery of maintenance.
The first is part of the father's official income, usually in practice 1/4 of the father's income, and for two or more children 1/2 of the income.
a specific amount it considers appropriate to cover the child ' s expenses, e.g. Hrv 5,000 per month.
In the event that the ex-wife knows that the father is working informally and will not provide the court with all his sources of income, it would be better to indicate in the statement of claim the fixed amount she would have wanted to receive on the child, but in order for the court to approve this amount, it is necessary to provide evidence that the ex-husband may be able to draw her financially.
The proof of capacity to pay will be information about a bank in which he has a deposit, information about ownership of an apartment or machine, any proof of his father's leisure expenses — photos on social media, copies of tickets, travels — information from ProZorro's website about his firm or FLP (the so-called PLO) etc.
What could cause the payment of maintenance to cease?
The obligation to pay alimony can be terminated by giving the child the right to ownership of immovable property.
The father, for example, may, instead of paying monthly maintenance, give the child the right to own the apartment or car by stating it in the document.
In this case, the court shall decide to discontinue the payment of maintenance if the value of the real estate exceeds the amount of maintenance paid for the remainder of the period.
"Money waits 10 years": How to get child support payments through bailiffs
Chelyabinka has been working through the SPF for 10 years to get her ex-husband to pay alimony for her daughter, and another mother blames the bailiffs for bad work because the regular payments stopped when the ex-wife changed jobs.
The agency does not exclude complex enforcement proceedings that are delayed, sometimes because the debtor simply has nothing to take from it — neither money nor property.
We're telling you how to get child support payments through bailiffs.
Sometimes you can't recover alimony because you don't have anything to take from the alimony.
Photo by Oleg Kargapolov
A year after her divorce from Sergei, she realized that he would not pay alimony voluntarily, and in 2008 she filed a suit for maintenance, " said Anna L. "The Court of Kurchatovsky District set the amount of alimony, and the case file was handed over to the bailiffs.
In 10 years, the ex-husband had been giving alimony for only one year, and in 2012, he was interviewed by a bailiff, and I had a regular fall in my account, and then the ex quit his official job, and the debt started to grow again.
According to my estimates, he's already owed over a million rubles, and unfortunately I don't know the exact amount, and I've written several statements to the bailiffs asking them to calculate the amount of the debt, but I haven't received a response to any of my appeals.
And the ex-husband's debt on the bailiff's website hasn't been renewed for a long time, and it's frozen at 300,000 rubles.
According to the woman, the man was subjected to pressure by limiting his travel abroad.
But he's just resting in Russia, and Anna's arms are pissed off. " He also asked the bailiff to restrict his driver's license, but I see on the bailiff's website that he continues to be fined for violating the D.D.D.
Whether there's still no limit, whether it's just that he's been driving around town without a license... his daughter's 16 years old, she needs to be taught, dressed... I'm really surprised when I read the news that someone's been arrested for a few days, deprived of a car, a phone, or some other kind of punishment for delaying maintenance.
Our angry non-payer lives in peace and with impunity two blocks from us, doesn't hide, and in the long lines of the bailiffs, I hear so many stories that rarely anyone can recover anything... that's how to get alimony from an ex-husband if he doesn't want to pay them?
Changed his job, stopped paying.
A similar story was shared by Anastasia's chiliabin.
" The court ruled, "and I gave my executive paper to the bailiffs, and about a month later the alimony began to come to me regularly, " she told me. " It was almost three years ago. " But in January, the ex-husband quit and wasn't officially working until April, even though he was constantly boasting that he was making good money.
Now, as far as I know from his parents, he's already made two advances in his new job, and he's paid his salary, and it's kind of official, but he hasn't transferred a penny to his son, and he's only really feeding breakfast.
I wonder, in the two months he hasn't worked, there's some alimony, and why don't the bailiffs collect alimony from his new job?
Photo: Polina Avdošina (infographic)
Assailants ' Councils
In the region's bailiff service, it is recommended that all information on the progress of the enforcement proceedings be obtained directly from the bailiff, and if the results are not satisfactory, then contact the head of the division and continue with the management of the OFSP, then the execution proceedings will be monitored.
In October 2016, he was sent to administrative detention for 10 days (art. 5.35.1, para. 1) for failure to pay maintenance.
In June 2017, a court ordered him to pay 80 hours ' corrective labour, with 10 per cent of the State ' s earnings allocated to him.
He did not begin his work and, at the request of the prison inspectorate, the court replaced his work with a real deprivation of liberty, which he is currently serving.
The debt is calculated and the plaintiff Anna L. will be able to obtain it personally at the court bailiff ' s appointment. The debt as of 31 May 2018 is 520,000,552 roubles 42, and has been specified by the regional office of the SPF.
- With regard to the debtor's fine for violation of the DDP, he had been listed since April 2017 and had been issued as a result of a stoppage by the DPS crew — he had violated the rules as a pedestrian — indicated Olga Shebanov. — And he was restricted in his driving licence in December 2017.
The Chelyabinka of Anastasia had to go to the bailiffs at once, only the alimony stopped coming.
" After sending a copy of the executive document to the organization for the retention of periodic payments, the execution proceedings end (article 47, paragraph 8, of the Enforcement Act)," Olga Shebanov explained.
- If maintenance is no longer available, it is sufficient to inform the bailiff by writing an application to reopen the enforcement proceedings, possibly indicating the debtor ' s new place of work, and the retention will begin again.
In general, however, the debtor is obliged to notify the bailiff himself in order to avoid punishment (CoA, art. 17.14) The situation will change as soon as one of the parties turns to the bailiff.
Photo: Polina Avdošina (infographic)
Maintenance debt is calculated on the basis of an executive document; this is either a share of all types of income or a pre-arranged amount. If it is a share of income and the debtor is not officially working, the monthly payment is calculated on the basis of the average Russian salary.
Page 2
How do you get an ex-husband to pay alimony?
These and other questions on the Komsomolki direct line were answered by the Deputy Chief of the Enforcement Division of the Frunzen district of Minsk, Elena Sergeyevna Jezhova.
"Dad sends 700,000. How do you dress a kid for school?"
Elena Sergeievna Jezhova. Photo: Victor GilitzKI
- The ex-husband doesn't pay alimony to his son for 10 months.
If the debtor has a debt of alimony, you can write a statement to check his property, for example, to describe his car, to sell, and to transfer the money received as a payment of the debt of maintenance.
Oh, there's nothing there, not even a TV, and it's not working anywhere yet.
- If the ex-husband has no property, you can write an application for criminal prosecution under article 174 of the Criminal Code of the Republic of Belarus, "Defraining parents from maintaining their children".
In doing so, you must understand that it is the father of your child, and if in the future the son wants to work in a prestigious job and the father has a criminal record, then there may be questions about your child's employment.
What do you do if dad sends a penny for months? I'm like a grandma, I can't stand to watch it, he's gonna send 200 granddaughter 200 granddaughter, 500 granddaughter, that's how to dress a kid to school. My daughter's remarried, she's sitting in a maternity room and no help from her dad.
First of all, it is necessary to determine whether your granddaughter's dad is currently working. If so, the girl's mother has the right to write an application for an audit of the organization's accounting. In any case, the father is not entitled to pay less than 50 per cent of the minimum subsistence budget, which is 784,000,565 rubles.
Isn't that enough money to get the kid to school?
- No, if Dad pays the budget, there's nothing you can do about it.
- Sure, as long as dads forget their kids, they're raised by grandparents.
Should Dad Pay for the Child's Rest at Sea?
The ex-husband works in Russia, divorced him 10 years ago, immediately agreed that the alimony would be paid on its own, without trial, at first giving money, and now we can't see a penny.
I work in two jobs, prepare a 15-year-old son for university, pay for tutors.
I want this called biological father to give at least something to his son.
- You need to apply to the court for maintenance first.
Every year we go to Europe with our son, bypassing the Italian embassy, because Dad won't allow us to leave, once, but I paid him $300.
The reason for the deprivation of parental rights is that the father is not interested in the children ' s fate and does not pay alimony.
- So it's our option, so I'm gonna take it away.
The ex-husband pays little alimony, maybe ask him to pay half the cost of the trip?
If you want Dad to pay for a portion of the journey at sea, you can sue the court, but when Dad can barely pay the official alimony, he can hardly pay the leave.
My husband's gone to Russia, he's stopped contact since January, and he's in hiding, and he's already been looking for a criminal investigation, so how do you get him to pay alimony?
For example, the husband lives in Russia, so the executive document on the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters will be sent for execution to a neighbouring State and the payment of alimony will resume.
Can you demand alimony for a few years?
My husband and I got divorced five years ago, and now our kid's at a high school on a pay-as-you-go ward.
- Your kid's an adult?
- Yeah, he's 21.
Under our legislation, alimony is paid up to 18 years of age.
- The thing is, I've never filed for alimony.
- Nope.
My husband and I are divorcing after 40 years of marriage, and my daughter is 37 years old.
Plus, I'm gonna pay $3 million every month because I have a small pension, but now that I'm fighting, he says, "I'm gonna walk out, close the doors, and you're not gonna see any money."
Where should I go with the marriage contract?
- In court, give your prenup, and on the basis of it, your ex-husband can no longer refuse to do so.
What kind of money would that be?
- There's a certain minimum that's necessary to support a child.
My son pays alimony, a million, a little more, and now the daughter-in-law's threatening to pay alimony from the moment the baby's born.
- No, you can't collect alimony in the past, it's from the moment you file the application.
You can take away your rights from a hard-working non-payer and ban you from going to the sea.
Elena Sergeievna, I think my question would seem strange, tell me, are there any men who pay their children big alimony?
Some of the dads provide full support to the children after the divorce: they take them to the sea, they dress up for school, they buy all the things they need, but they all have their own idea of what's a lot of money. For example, I had a debtor who officially paid a child two thousand dollars in alimony, but the ex-wife was outraged by that amount and demanded that it be increased.
Daddy has $25 million in maintenance debt, so how do we recover that amount?
- If there is no property, you can apply to the court for restriction of the Pope's right to leave the Republic of Belarus, as well as for the withdrawal of the driving licence until the payment of the debt, but for a period not exceeding five years.
- He doesn't have a car, he doesn't drive to the sea, he's an unemployed lazy man.
Unemployed persons pay on the basis of average earnings in the country. 6 million,884,000 in June. 1,721,000 (25 per cent) for one child, 2,271,700 (33%) for two children, 3,442,000 (50%) for three children.
I'm fully dressed and wearing a baby, taking him out to the sea twice a year, and the ex-wife spends alimony on herself.
No, a court order requires you to pay child support until the child's majority, and control where the ex-wife spends money, you have the right to.
I get 1 million a month, even by the checks I collect, you can see that this amount is ridiculous. For example, for my daughter's breakfast at school, I pay 450,000, plus mugs, books, sports, it all comes out in a round-the-clock amount.
- No, if the debtor regularly pays alimony from the official place of work and that's 25 per cent of his earnings, there's no violation here, even if you don't like the amount.
Maintenance bailiffs, how do you get maintenance debt paid?
540 lawyers are on the website right now.
Evening, living in a common-law relationship, then breaking up, and she's eight years old now, and I filed for alimony as early as 2006, but the executive list was lost in 2007, and my daughter went to school in 2011, so I decided to resume the alimony claim.
After the restoration of the documents, the bailiff calculated the maintenance arrears of 180,000 roubles, but the ex-civilian husband did not want to pay anything.
When I asked the bailiff if they were gonna collect the debt and when I actually got some money, I got the answer: when your ex-husband had a conscience.
Tell me, how am I supposed to get the debt paid, because it's the usual way to protect a child's rights to normal childhood, to have all the things she needs for school right now, and can I somehow recover money from the years that have passed since she lost the executive list?
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Legal responses (5)
- In order for the bailiff to carry out all the executive actions prescribed by the Act, you must keep this process under constant review. If the executive record has been in the service of the bailiffs for a long time, but there is no maintenance, you can do the following:
- - Send a registered letter of notification to the enforcement service requesting that you be notified of the measures taken to recover maintenance from the debtor;
- - To file a complaint against the failure of the bailiff or to appeal against the actions of the bailiffs before the court if the complaint against the bailiff has failed;
- - Take a debt certificate from the bailiff and file a lawsuit for interest on non-payment of maintenance.
In addition, if the debtor has failed to comply with the requirement contained in the executive document without good reason within the prescribed time limit, the bailiff may issue a temporary restriction on the debtor ' s departure from the Russian Federation. If relevant, make an application for a temporary restriction on the debtor ' s departure from the Russian Federation.
In the event of a serious failure to pay maintenance, the debtor may be held criminally liable under article 157 of the Criminal Code of the Russian Federation. I recommend that you write a statement on the institution of criminal proceedings against your former spouse.
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Good afternoon.
I always recommend that an application be lodged with the Public Prosecutor ' s Office or the court, that the Public Prosecutor ' s Office clearly process the complaints and make the relevant representations on the removal by bailiffs of violations of the law, and that the Public Prosecutor ' s Office monitor the acceptance by the bailiffs in order to remedy the violations.
Unfortunately, now even the court's bailiffs have ceased to be afraid, so the court will grant the complaint... so... the court will not actually control whether the bailiffs have corrected the violations, or whether they've started to act.
In the event of the loss of the performance sheet and the collection of arrears during that period, the bailiffs, after receiving the duplicate, were required to calculate the maintenance arrears from the date of issuance of the performance sheet.
According to article 13 of the Executive Proceedings Act, the execution must be carried out and the requirements contained in the executive document must be carried out by the bailiff within two months of the receipt of the executive document.
Unfortunately, the enforcement proceedings in the Russian Federation left much to be desired, but the bailiffs could and should be affected.
An impact option is to file complaints with a superior officer, the senior court officer of the SPF of your city, and to a higher body, the SPF Regional Office.
If you are certain that the bailiff has taken all measures to enforce the judgement, you have tried to find the debtor ' s property (informing you of the answers to the requests), you must influence the non-payer of maintenance. Article 157 of the Criminal Code of the Russian Federation provides for criminal liability for malicious evasion of child maintenance.
This article provides for a penalty of between one hundred and twenty and one hundred and eighty hours of compulsory labour, either punitive deduction of earnings for up to one year or arrest for up to three months.
- Good day!
- Our bailiffs need to be constantly reminded of themselves.
- Like all bureaucrats, they only work on paper and they're afraid of paperwork.
They usually send requests once to banks, Rosreister, etc., and calm down, but debtors don't sit there all the time: they buy something, they start new accounts somewhere, they start a new job.
Therefore, the SPI must regularly repeat all requests, and for it to do so, you must write a statement. For example, please search the debtor ' s accounts in the following banks: and provide a list of the 20 largest banks in your city (can you take information from cbr.ru or banki).
(ru) and to seize the debtor ' s money in the accounts, deposits, request the search for movable and immovable property belonging to the debtor in the territory of the Perm Province, including requests to the Ministry of Internal Affairs ' DIDD for the presence of the debtor ' s means of transport, Rosreister ' s real estate and land.
And make such statements every 1 to 2 months, then maybe something comes up.
You can complain to the Public Prosecutor's Office about your failure to do so.
In fact, you're the one who's gonna collect the money with the hands of the SPI. You're gonna do nothing, you're gonna do nothing with the SPI, you're gonna do it with the practice.
With respect to loss, everything must be recovered from the date of entry into force of the court decision, including for periods when the sheet has been lost.
Success!
In addition to the above recommendations made by colleagues, it is possible to file a complaint against the failure of the bailiff to act before the court at the place of the decision on the recovery of maintenance, which is not subject to a duty.
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