How to prove that the father or husband did not pay child support

Art. 80 of the Family Code of Russia establishes that parents are obliged to support children under the age of majority. If payments for the maintenance of a son or daughter are not made voluntarily, then alimony can be collected forcibly. The only question is how to prove that the father did not pay child support. And is it necessary to prove this, in principle? Let's consider possible situations.

If the dispute regarding the collection of funds was not considered

If the child’s mother did not file an application with the court to withhold alimony, then there is no need to confirm to her the fact that the ex-husband did not pay the money voluntarily. This responsibility rests with the defendant in the case.

The plaintiff must provide evidence that the child is dependent on the mother, not the father.

To do this, as a rule, it is enough to submit a certificate of family composition, which will indicate that the mother and child are registered at the same address.

It also happens that, for example, a son actually lives with his mother, but is registered at his father’s place of residence. In this case, it is understood that the spouse is involved in the maintenance of the minor.

How to prove in this situation that the husband does not pay alimony? Again, you need to prove that the actual place of residence of the son or daughter is the place of residence of the mother.

To do this, you can use the following evidence:

• certificates from medical and educational institutions indicating that the child is being treated and studying in the mother’s area of ​​residence;
• witness's testimonies.

You can ask for assistance from the guardianship authorities, whose representatives have the right to go to the child’s place of residence, investigate his living conditions, and draw up an appropriate act.

Collection for the past period

The RF IC allows for the possibility of receiving payments for a child for the past 3 years, and not from the moment the claim was filed, as is established by the general rule. In this case, it is necessary not only to prove that the father did not pay the funds, but also that he evaded making payments.

How to prove non-payment of alimony? This needs to be taken care of in advance. Can be used:

• correspondence materials;
• witness's testimonies.

The most reliable option is to submit to the court an official letter addressed to the spouse with a request to allocate funds for the child. As well as a postal notification indicating that the letter was received, or at least sent to the required address.

The proven fact of filing a claim will be the basis for a decision in favor of the plaintiff. Unfortunately, it is quite difficult to prove that oral communication took place. Almost impossible. Therefore, it is always advisable to correspond.

If the decision was made

Not every alimony payer fulfills the obligation in good faith, even after the court has made the necessary decision. In this case, the bailiffs must record the occurrence and growth of debt.

A claimant who has not received the money due has the right to demand payment of a penalty in court. But to do this, you need to confirm the fact of evasion of paying funds for the needs of the child.

How to prove to the court that you do not receive alimony? Quite simple. To do this, you need to contact the bailiff service and request a certificate of the existence of a debt registered with a specific debtor. When receiving this document, you need to make sure that the debt calculation is done correctly.

A parent who has the right to receive payments in the interests of the child must, as a rule, prove not the fact of absence of payments, but some circumstances related to this fact: the presence of the father’s obligation to pay money, evasion of obligations, etc.

Let us note that the fact of voluntary payments, before a court decision is made, can be confirmed not only by documents evidencing the transfer or handover of money, but also by cash receipts for the purchase of clothes and toys, receipts for payment for kindergarten, etc.

How to prove non-payment of alimony - I have the right

When the father does not participate in the child’s life and does not provide financial support for his full upbringing, the mother has a question: how can she prove this in court? And is it necessary to prove that the father did not transfer money or pay child support? The answer to this question depends on what the child’s mother’s goal is. Why might she need to prove the absence of child support payments from her father? Let's consider typical situations.

The woman has not yet filed for alimony in court

The law provides 2 ways to officially receive financial support from the father in favor of the child. Voluntary deductions under an agreement to pay alimony or a court decision to pay alimony.

The first method will take much less time; parents can prescribe conditions that will be a compromise. Of course, you can agree verbally, but legally it will be more reliable to draw up an agreement on alimony or go to court.

  If it is not possible to draw up an agreement and the mother goes to court with a claim for the first time, it means that the baby’s father refuses to voluntarily pay child support. A woman is not required to prove the lack of financial assistance; the main thing is to submit an application to the court demanding alimony.

What basic evidence is needed in court?

You will only need to confirm that the child lives with his mother, using a certificate of family composition from the housing office or the passport office at the place of residence. The certificate is provided to the court along with other documents.

What to do if the child is registered with his father, but in fact lives with his mother? After all, registering a child in the father’s apartment or house implies that the child lives there. In this case, the mother will have to prove cohabitation with other evidence:

• a certificate from medical and educational institutions confirming that the child is studying and receiving treatment at the mother’s place of residence;
• request a representative of the guardianship and trusteeship authorities to visit the mother’s home and document the child’s cohabitation with the mother;
• involve neighbors, friends, and relatives as witnesses who will confirm this fact.

How can a mother collect child support for the past?

In most cases, the collection of alimony begins from the moment the claim is filed in court. Sometimes it is allowed to collect alimony for the past three years preceding the filing of the claim.

Judicial practice shows that if a child’s mother wants to collect alimony for past years, she will have to prove non-payment of alimony and the father’s deliberate evasion of helping the child. It is necessary to provide the court with evidence that the mother tried to conclude an agreement on child support or sought to pay it herself.

How to prove that the child's father does not pay child support?

  It matters at what point the mother decided that the child needed child support from the father. The sooner she begins to collect evidence and make attempts to obtain alimony, the more likely a positive outcome in collecting the money.

Evidence is considered convincing if it is in written or physical form.

Attempts to approach the husband with requests for financial support for the child or an offer to conclude an agreement must be recorded by the mother, since oral agreements are not a sufficient argument for the court.

  Sufficient evidence that the father does not take part in raising the child is:

• copies of registered letters;
• printouts of correspondence via e-mail, instant messengers, messages;
• recordings of telephone conversations;
• copies of letters and petitions to guardianship authorities or law enforcement agencies regarding refusal to pay money for child support.

The easiest way is to provide the court with a copy of the letter sent to the child's father with a request to provide financial assistance to the child. Attach a notification of receipt of the letter by the addressee, this will prove that the man received the letter.

Attach the available evidence to the statement of claim for the collection of child support.

If the father ignored letters and requests for help for the child and the mother can provide evidence, then there is a high probability that the court will make a decision to collect alimony for the past period.

An example from judicial practice

Olga appealed to the magistrate's court with a demand to collect alimony for her 4-year-old son for the last 3 years. But during the trial she found no evidence that the father avoided helping the child.

Ivan, the child's father and defendant, provided checks for money transfers to Olga's account for the support and upbringing of the child.

Based on the evidence provided, the court decided to refuse Olga’s claim for alimony for the past three years.

How can a father prove that he paid the child?

This example shows that it is in the interests of the father to collect checks and receipts proving the payment of alimony or at least some kind of financial assistance to the child.

The mother must understand that if the father has evidence of payments, then the court will most likely refuse to collect alimony for recent years.

The Code of Civil Procedure of the Russian Federation, namely Article 55, indicates that as evidence that the father supported the children, he has the right to provide the court with: 1. an extract from bank accounts about the transfer of money; 2.receipts for postal orders; 3.

checks for children's clothing, shoes, toys, medicines for the child; 4.receipts for payment for kindergarten, sections that the child attends;

5.witness testimony that the father spent money on the child.

• But the court may regard this not as alimony, but as additional expenses for the child (Article 86 of the RF IC).
• Therefore, the father needs to collect convincing evidence in advance about periodic payments for child support - receipts for receipt of alimony, bank or postal transfers, in which the note “alimony for April 2023 for Igor Ivanov” must be indicated.

Example: Citizen Mitrokhina M. wrote and filed a statement of claim in court with a request to collect alimony for the past 3 years. Mitrokhina attached to her lawsuit correspondence with the child’s father via messenger, which shows that she repeatedly applied for alimony payments to Mitrokhin K. and did not receive help from him.

Defending his own interests, Mitrokhin K. provided the court with evidence that every month he transferred sums of money to his son from his salary, payment receipts and a bank account statement confirmed this. But Mitrokhin never indicated the purpose of these payments, implying that the money would go to the child.

As a result, the court partially satisfied the demands of Mitrokhina M., assigning alimony to Mitrokhin K., but denying the mother the right to receive alimony for the last 3 years, since she was unable to prove the father’s evasion of payments, she provided the court only with her requests for help from the child’s father.

If a woman has already received a court decision, how can she prove that the man is not paying the child?

  When there is a court decision to collect alimony, the judge transfers the writ of execution to the Bailiff Service. And responsibility for the forced collection of payments falls on the employees of the FSSP (about this, Article 12 of Federal Law No. 118 “On Bailiffs”).

The service does the following:

• exercises control over the timely fulfillment of obligations by the alimony payer;
• records every payment or missed payment;
• deals with the calculation of the payer’s debt;
• sends the writ of execution to the address of work or to the place of receipt of income (pension, benefits) of the defendant;
• seizes the property of the second parent if he has no source of income.

The bailiff has the power to hold the debtor accountable for failure to comply with a court decision. The measures taken may be:

1) Material (a penalty of 0.1% for each day of late payment, compensation for losses that arose due to failure to fulfill obligations). For example, if the father does not pay child support for a year, then the penalty will be 36.5%.

2) Administrative (fine, arrest, deprivation of a driver’s license, restriction on the right to travel outside the country). 3) Criminal (forced and correctional labor, imprisonment for up to 1 year).

Read more about how a bailiff can influence a debtor in this article.

Note! The above measures are applied only if non-payment of alimony is proven. The FSSP will collect evidence, and the bailiff will prepare a certificate about the amount of alimony debt.

What to do if the father did not pay, but wants to collect child support from the child?

According to Article 87 of the RF IC, parents are obliged to support their children and, conversely, adult children must provide financial assistance to a disabled and needy father or mother.

If it is not possible to obtain help from the child voluntarily, then the parents have the right to seek help from the court to enforce the collection of alimony.

And only a father or mother who has been deprived of parental rights does not have this right.

What to do if previously the father did not participate in the child’s life, did not send money, and all the worries about the child fell on the mother’s shoulders, and later the child’s father retired and filed a lawsuit to collect alimony from his son or daughter?

Now the son or daughter will need to prove the father’s non-participation in their life.

They can provide evidence such as:

• copies of court verdicts;
• duplicate protocols on bringing to administrative responsibility;
• a copy of the court decision on deprivation of the rights of the father or mother;
• witness statements;
• copies of documents of enforcement proceedings that confirm non-payment of alimony;
• other evidence confirming the failure of the parent to fulfill the duties of the parent to the child.

If a parent can provide sufficient evidence that he participated in the life of his son or daughter, helped financially as much as he could to the children, then the court may take his side. Such evidence may be:

• letters;
• a receipt from the child’s mother regarding receipt of child support;
• bank statements, receipts, checks;
• postal transfers;
• witness statements.

Read more about collecting funds from adult children to support their parents in this article.

02.01.2022

What to do if your ex-husband does not pay child support and does not officially work?

As a rule, after a divorce, all concerns about the upbringing and financial support of the child fall on the shoulders of the mother, and fathers, most often, think about how to circumvent the law and not pay alimony. To do this, they resort to all sorts of tricks, even to the point of not officially getting a job, believing that this will help them avoid receiving payments.

However, the current legislation of the Russian Federation protects the interests of children, so the government has developed mechanisms for influencing negligent fathers, including all kinds of sanctions and punishments for those who do not want to fulfill their direct responsibilities. This is exactly what will be discussed in our article. If you have any questions, you can contact a lawyer from Pravosfera, who will give qualified advice and help you sort out your specific problem.

The amount of alimony if the husband does not officially work

If the husband does not want to support the child and hides his income, then the mother should first file a lawsuit. As a rule, in such a situation, a fixed amount is assigned, which depends on the average earnings in the region of residence.

Important! Each case is unique and is considered individually. For example, the fixed amount of alimony per child for an unemployed person in Moscow or St. Petersburg is about 10-15 thousand rubles, and this will exceed the amount of payments in other large cities of Russia by almost 2 times.

In the case where the ex-spouse actually does not work, but is looking for a job and is registered at the labor exchange, alimony is also assigned in a fixed amount, but depending on the minimum wage in the region.

It is clear that if a person really does not work, then he cannot help the mother support the child. In such a situation, the debt will grow, and the mother may file an application with the court to collect it.

If the claim is satisfied, then as soon as the father gets a job, not only current alimony payments, but also the accumulated debt will be deducted from his salary.

State assistance to mothers raising a child without a father

In rare cases, alimony may be paid by the state. This happens if the second parent actually has an income much lower than the regional average, or if for good reason he cannot provide assistance to his ex-wife.

1. The father is disabled, and his income is so low that alimony could cause him serious harm, since, among other things, he needs medicine, payment for treatment, etc.
2. The father is a pensioner, and the size of his pension does not allow him to pay child support.
3. The father is a full-time student and his only income is a scholarship.

In the above cases, the decision to award alimony from the state is made by the court. It takes many factors into account:

• number of dependent children;
• mother's marital status;
• mother's income;
• availability of property capable of generating income;
• other significant factors.

The husband deliberately avoids paying alimony

If the ex-spouse deliberately does not pay alimony for a minor, but at the same time has a good income, drives an expensive car, or vacations abroad, then quite strict sanctions may be applied to him:

• accrual of penalties and fines on existing debt;
• deprivation of parental rights;
• ban on traveling outside the country and region of residence;
• confiscation of a driver's license, except in situations where this may interfere with his work;
• seizure of property and its subsequent sale;
• administrative responsibility;
• detention;
• criminal liability.

Legal assistance when a father evades child support payments

Any situation with the assignment of alimony requires an individual approach. Contact a Pravosfera lawyer for a consultation so that he can analyze your case. Only then will he be able to give you qualified advice and help you get help from your father.

The best option for everyone is to conclude a voluntary agreement between the parents on the procedure for paying child support, as well as on its amount. Extensive experience and thorough knowledge of the laws help our specialists negotiate and convince the debtor to resolve the issue peacefully.

You can count on the support of a lawyer from the Pravosfera agency around the clock. Please contact us with any questions in the way that is most convenient for you, they are all listed on the website. Keep in mind that we adhere to a policy of complete anonymity and confidentiality, so no one will know about your contact with us, much less about the topic of the conversation.

How to prove that the father did not pay child support

Table of contents:

1. What to do
2. Procedure for confirming requirements

In accordance with the current family legislation, parents have equal rights and also bear equal responsibilities in relation to their common children.

Parents are determined by the Family Code of the Russian Federation (hereinafter referred to as the Family Code of the Russian Federation) to be responsible for the upbringing of their own children and their development.

At the same time, the law gives parents the right to independently determine the form and procedure for providing maintenance to minor children, including entering into agreements.

At the same time, Article 116 of the RF IC stipulates that alimony cannot be counted against other counterclaims. For example, going to the cinema with your son and the cost of the ticket will not be counted as child support. Sometimes the father does not pay child support at all for a period of time.

In this case, it is important to know how to prove that the father did not pay child support.

What to do

The legislation provides for 3 algorithms of action:

1. Applying to the court with a claim for deprivation of parental rights. This possibility is provided for in Articles 69 and 70 of the RF IC. For many unscrupulous parents, this step becomes a factor in starting to pay for previously unfulfilled obligations. Even if this step is not taken by the debtor, the benefit will still be achieved. This action will eliminate possible claims from a disabled parent to an adult child for receiving alimony in the future, referring to paragraph 1 of Article 71 of the RF IC. In addition, deprivation of parental rights does not become a basis for excluding the obligation to support children.
2. Initiation of the procedure for bringing the debtor to legal liability for non-payment of alimony. For example, the form of such liability may be provided for in an agreement. Regarding the court decision on the collection of alimony, the RF IC provides for a penalty for non-payment of alimony in the amount of ½% of the amount of unfulfilled obligations for each day of delay. In addition, the recipient retains the right to recover damages caused by late payment of alimony obligations in court.
3. Bringing the debtor to criminal liability. In this case, it is important to remember that a criminal record as such for one of the parents is not always good for the child himself. One way or another, this is an effective tool for influencing the debtor, since Article 157 of the Criminal Code of the Russian Federation provides for a sanction of up to 1 year in prison.

Article 45 of the Civil Procedure Code of the Russian Federation provides for the possibility of going to court in order to protect the prosecutor’s childhood. Therefore, if it is impossible to apply for protection of the rights of the child on your own, there is the option of writing an application to the prosecutor’s office.

If you decide to go to court in person, then it is extremely important to prepare properly. It must be remembered that the main responsibility to prove its claims lies with the plaintiff. The defendant, in turn, is required to prove objections to the claims received.

In order to confirm the fact of non-payment of child support, it is necessary to submit to the court receipts for the latest payments received. You can obtain these documents from bailiffs or from the accounting department at the debtor’s place of work.

If the parents agree to pay child support without any supporting documents - “in hand”, certain problems may arise with providing the evidence base.

That is why it is recommended to formalize alimony obligations officially, in the forms provided by law.

If the debtor refuses to pay alimony, it is necessary to record this on audio or video media. It is also possible to ensure that letters and notes are sent to the debtor. In addition, according to Article 55 of the Civil Procedure Code of the Russian Federation, evidence that can be provided to the judicial authorities includes witness statements, photographs, and so on.

Direct evidence of non-payment of alimony in cases of collection is a court order, a corresponding court decision, the bailiff's calculation of the existing debt, a search certificate, and so on. To confirm the fact of non-payment of alimony, orders of bailiffs may also be provided.

How to prove that the husband did not pay alimony

Unfortunately, every year in Russia the number of abandoned mothers who do not receive money from their ex-husband to support the child increases. The reasons for this situation are different. Often women consider it humiliating to demand maintenance from their ex-spouse and simply refuse alimony, hoping to provide for the child on their own. Others would be happy to receive the money, but the ex-husband evades payments, not wanting to financially help his children or assuming that the ex will spend the money on her own needs. And many, when faced with bureaucratic officials, wonder how to prove that the husband did not pay alimony.

Let's try to figure out whether the mother needs to apply for alimony and how to prove that her husband is evading payment.

I'll educate myself!

The mother’s desire to “wipe the nose of her ex” and raise the child on her own, while providing him with everything necessary, is, of course, commendable. But in life there are all sorts of situations and very often not everyone is able to provide a child with the same standard of living. The financial situation may deteriorate sharply or the child may become seriously ill.

You should not deprive your child of additional material support, especially since by law the father is obliged to provide for his children.

Another weighty argument in favor of alimony is the fact that adult children must support their disabled parents. A father of retirement age can collect alimony from a child, even if he has not seen him for several decades.

Although the law exempts adult children from the obligation to support their parents if they have previously shied away from fulfilling parental responsibilities, in the future it will be difficult for the child to prove that the father did not provide him financially if the mother did not demand alimony at one time.

Ex-husband running away from alimony

Another common situation is when the husband does not want to pay alimony. If the ex-spouse is worried that the money will be spent for other purposes, you can enter into an agreement on the payment of child support and spell out in detail all controversial issues.

If the husband simply does not want to pay, then it is worth filing a lawsuit with a request to collect alimony in a fixed sum of money or as a percentage of the father’s earnings.

Evasion of parents from paying the awarded money for the maintenance of minor children provides for property and criminal liability, up to imprisonment, but does not relieve the parent from the obligation to support his child.

Certificate of alimony debt

Very often, in order to provide subsidies, apply for child benefits and other government assistance, single mothers need to confirm their monthly income. In such cases, officials require evidence that the woman does not receive alimony from her ex-husband.

It is worth noting that a certificate of debt can be easily obtained from a bailiff, but only on the condition that alimony was previously assigned. Since alimony is collected from the moment the court makes a decision, if such a document is not available, then no certificates will be obtained.

The same applies to cases where the husband does not fulfill his obligations under the agreement on the payment of child support, and the wife did not apply to the court for compulsory collection.

There are situations when the writ of execution was sent to the spouse’s work, but the mother still does not receive alimony.

It is worth noting that the accountant is personally liable before the law for calculating alimony, and to prove that the company does not transfer the maintenance, it is enough to obtain a certificate of debt from the bailiff.

Having such a document in hand, you can submit an application to the bailiff service with a request to conduct an inspection for non-transfer of alimony, or to the prosecutor's office with a complaint about violations of the rights of the child by the organization.

If a father pays child support, this does not mean that they will not demand it from him again

My wife and I are divorced and have two children. She did not apply for alimony: she says that she does not want to demand money for the children through the court. But I myself want to pay alimony, I don’t refuse.

How to do this so that later it does not turn out that this is not alimony? I know of cases where fathers gave money for children, and the ex-wife then filed a lawsuit and recovered the money for several years. It was impossible to prove that he had been paying anything all this time.

As a result, it is not clear: they don’t seem to require it, but helping without confirmation is fraught with debt. And I don’t need a writ of execution at work. I would simply transfer money, but I need some kind of confirmation that I am fulfilling my obligations to support the children, and not giving money to my ex-wife.

How to arrange everything in order to avoid the courts and have confirmation just in case?

Nikolai

If the parents are divorced, this does not mean that one of them should support the children. The father bears the same responsibilities for the maintenance and upbringing of children as the mother. Sometimes a father must also support his ex-wife. One way to fulfill this obligation is through alimony. There are two options for participating in child support:

1. Pay according to the court's decision. Alimony can be collected forcibly through the court. Then there will be a writ of execution according to which alimony can be withheld when paying wages at work. Or the bailiffs will do it.
2. Pay voluntarily. Let's say the ex-wife doesn't go to court. This may be inconvenient for her, or she hopes that the father of the children will help with money himself. This is exactly the situation you have; it is provided for by law.

In order for the transfer of money to be considered alimony, that is, fulfillment of the obligation to support children, an agreement must be concluded. And not just oral or written in any form, but according to the rules.

The alimony payment agreement must state:

1. who pays child support;
2. in what amount;
3. in what way and within what time frame;
4. during what period.

For the alimony payer. The agreement will confirm that the obligations to support children are being fulfilled, and in the amount that was agreed upon. There is no need to fear a sudden court decision to collect alimony for several years or claims that the amount was too small.

For the recipient of alimony. The agreement has the force of a writ of execution. If you sign such a document, this does not mean that the father will not be able to pay child support.

Apparently there is no court decision, which means you won’t have to pay. This is just a way to avoid unpleasant litigation.

But if it turns out that the father of the children has stopped fulfilling the agreement, you can take it to the bailiffs and collect the due amount.

Now you can sign an agreement for one amount, and after five years enter into an agreement to change the amount of alimony. And also do without a trial. Neither of you is obligated to perform the agreement as originally written under any circumstances or for any length of time.

For example, now you can pay 30 thousand rubles and are ready to indicate this amount in the agreement until the children reach adulthood. If after five years your income decreases and your ex-spouse does not agree to review the alimony, you can reduce it through the court. Provide a certificate of salary, about the birth of other children - you can pay less.

The ex-wife has the same guarantees. If now she agrees to 5,000 rubles a month, and then your salary triples, she may offer you to sign a new agreement or increase the amount of alimony through the court. Even if you agreed on 5,000 rubles until the children graduate from college.

This should be taken into account, for example, in such a situation.

It happens that the ex-wife does not make contact. Or the child’s parents have moved to different cities and cannot get to the notary together. Or the man was not officially recognized as the father according to documents, but does not refuse maintenance.

In this case, you need to insure yourself in two ways:

1. Transfer money through a bank or by postal order with the purpose of payment “Child support for such and such a month.”
2. Keep confirmation of transfers. It is better to print receipts from the client bank. Suddenly, a bailiff with a writ of execution may appear on your doorstep. If you immediately show him supporting documents, this will help avoid unfounded claims.

To receive such a deduction, you need to submit an application at work and confirm that you have children and child support is paid for them. An alimony payment agreement is suitable for confirmation.

How to prove that my husband does not pay child support?

After the divorce, the ex-husband does not pay alimony. But every month it sends a certain amount of money to the card. Thus, he paid off the debt that he lent me 3 years ago.

Now when I said that I would sue him for non-payment of alimony, he replied that the money he sent me would be alimony to prove in court.

What should I do? After all, I should have received a payment order - alimony.

Mikhailo Petrovich Maksimik Lawyer, 54 years old (Zaporozhye) Reviews: 1191

The payment instructions may not be indicated on the bank card... Do you have proof that how many people have deposited money from you - an agreement or a receipt? If it’s not possible, then the engine driver will definitely forfeit the money as alimony.

Client

No, unfortunately I have no evidence((((Thank you very much for your answer.

You need to apply for alimony indicating the amount and procedure for paying alimony, but then there is a chance that he will stop paying off the debt.

If you really have a loan agreement between you, then you can prove that he is repaying the debt.

And then sooner or later you will have to file for alimony.

Good afternoon

The alimony obligation does not necessarily arise by a court decision: the father is obliged to support the child. Thus, even if your husband files a claim for alimony and says that he paid it previously, the court will not take such words into account. It is your right to demand alimony in court.  

As for the debt, its existence must be evidenced by a receipt from the debtor.

When transferring money to you, did your husband indicate in the payment documents that a specific amount was being transferred to support the child? If there is none, then in court it will be difficult for your husband to prove that he transferred money to support the child. You can safely apply for alimony :).

Lawyer, 33 years old (Kyiv) Reviews: 29

• Proving that the funds were transferred not to support the child, but to pay off the “debt” will be extremely problematic and almost impossible.
• If the amount is insignificant and is less than 1/4 of the official earnings of your ex-husband, it makes sense to go to court with a claim for alimony, but if the transferred amount is equal to or more than 1/4 of the earnings, the father’s participation in the maintenance of the child is personal.
• If there is a receipt, go to court to collect the debt, and receive a writ of execution from the GIS. 

How to prove that my husband paid alimony? — Jurisprudence — Family law

Hello! My current husband has two children from a previous marriage. He was divorced back in 2002 and, as expected during a divorce, he undertook to pay his ex-wife alimony for child support. They determined the amount of payments amicably.

For five years he paid her in cash; since 2007, she asked to transfer money to her savings book. The amount of payments, of course, was less than 13 of her earnings, but she paid her monthly.

A month ago, she called us with a request to increase the amount of payments, we refused, citing the fact that we ourselves had a difficult financial situation, my husband had just changed jobs, and I was on maternity leave. Then she began to threaten that he would be imprisoned, so how he already has a huge debt hanging behind him.

Just in case, I made a request on his behalf to the bailiff service at the place of their former residence (I must say that we and his former family live in different cities and even in different regions).

It turns out that, while receiving money from us, she simultaneously filed for alimony and now a huge debt has grown, since we have not received any letters from the bailiffs. What to do in such a situation, is there a chance to prove that the husband did not hide and paid on time alimony, because in such situations the state completely takes the mother’s side? But no one is going to shy away, I am a mother myself and now I can’t imagine how this debt threatens our family? What documents do we need to prove our case? Thank you in advance!

Author's addition from 10/23/11 00:48:50

Dear Nika2, thank you for your opinion! But I turned to your help for a slightly different purpose than assessing the moral side of the issue. I repeat once again that the father of the children has not evaded and does not intend to evade paying alimony.

We just want to understand which side we should approach, how to pay off such a huge debt, what documents to provide to the bailiffs as evidence that he paid alimony, are such documents Sberbank receipts? As for the phrase “they wanted to make money off the children,” it was incredibly offensive. His official salary is very small, if he wanted to make money, he would pay a third of it and live comfortably. That’s the thing, we can’t understand how It so happened that the person received the money, a pre-agreed amount, and quietly filed a lawsuit, i.e. The bailiffs were misled, as if he was hiding from paying alimony. Where is the justice here, what are we doing wrong?

Author's addition from 10/23/11 19:35:00

The fact of the matter is that with an official salary of 4500, we paid 3000, although we could have paid 1500. I’m not bragging, there’s really nothing to boast about here. You don’t have to comment further, unfortunately, you didn’t help us in any way, with the same result , excuse me, I could talk to my neighbor in the stairwell. Your position is clear to me, you probably had your own negative experience in this area. Goodbye.

Author's addition from 10/24/11 23:01:53

Thank you, Rustam, for your support and advice!

Tell me, does the husband need to personally appear at the bailiff department where the proceedings have been initiated or can he find out and also provide the necessary information about himself remotely - by phone, internet or mail?

What to do if throughout this entire period, except for the last 6 months, the husband did not officially work anywhere, nor was he on the stock exchange, in other words, he was engaged in freelancing, one month he could earn 30,000 rubles, and the next nothing, that’s why they sent a fixed amount of alimony monthly, fortunately my earnings were stable. How can I provide him with information about my income for all this time?

And another question: can we in the future transfer alimony, in the amount established by law, not personally to the ex-wife, but through bailiffs, for example, in order to avoid such manipulations on her part in the future?

Thank you for participating!

How to prove that the child's father does not pay child support? — Pravoved.RU

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Good day.

The fact is that my ex-husband lives abroad for permanent residence.

He makes such a feint. Every month he sends money through the moneygramm system in my name and indicates “alimony” in the transfer column, but for many years I have never received a code from him to receive the transfer.

Accordingly, the money is returned to him. But he has proof that he sent it in the form of a receipt. But in fact, the child never saw money from his father.

How can I prove that I did not receive money from him?

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Lawyers' answers (2)

Dear Olga! According to the instructions of the international payment service MoneyGram, when receiving funds, you fill out a certain form in which you indicate your data and code number.

Thus, with this paper you will prove to the Court that alimony was not paid, and your husband can be prosecuted! 

Olga, hello!

According to the provisions of Art. 107 of the Family Code of the Russian Federation, a person entitled to receive alimony has the right to apply to the court for the recovery of alimony, regardless of the period that has expired from the moment the right to alimony arose, if alimony was not previously paid under an agreement on the payment of alimony.

That is, the legal representative of the child has the right to apply to the court for the collection of alimony at any time, before the child reaches the age of majority and regardless of the fact that previously alimony was not collected or paid.

Moreover, by virtue of the same legal norm, alimony is collected from the moment the child goes to court.

Alimony for the past period can be recovered within a three-year period from the date of going to court, if the court establishes that before going to court, measures were taken to obtain funds for maintenance, but alimony was not received due to the evasion of the person obliged to pay alimony from paying it .

Olga, if you have any questions, ask, I will be happy to answer. You can also write to me in the chat and order a personal consultation or preparation of a document on your question. All the best!