How not to pay alimony to your ex-wife - how to pay alimony to a child, not to your wife

According to family law, parents must take care of their children. If the child permanently lives with only one of them, then the care of the second parent should be expressed in the regular payment of alimony.

It is especially important that the parent with whom the child remains permanently reside is satisfied with the terms of the child support agreement, because the funds will be paid in his name, and not in the name of the minor.

Is it possible to pay child support directly rather than transfer it to your ex-wife?

general information

In fact, it is possible to achieve the transfer of alimony to the child, and not to the ex-wife.

A bilateral agreement is drawn up regarding this, which reflects the amount of payments transferred by the parent as alimony, as well as the method of transferring these funds to the claimant.

The agreement must be certified by a notary; only in this case will it have legal force and can serve as evidence of the existence of monetary obligations in the event of litigation.

The child support agreement can be changed or even canceled with the mutual consent of both parents. If only one party wants to change the document, then this issue can only be resolved in court, and only if there are compelling reasons.

How to pay child support and not to your wife?

If for some reason the spouse wants to pay alimony directly to the child, and not to the ex-wife, this circumstance can be formalized in accordance with the law. According to the law, funds transferred as alimony must be spent to meet the following needs of the child:

1. Purchasing clothes.
2. Purchasing food.
3. Child education.
4. Payment for education at a higher educational institution.

If the wife wants to receive money for her own maintenance, she can also go to court and try to collect alimony from her ex-husband. However, the appointment of this type of financial support is possible only if there are compelling reasons, while child support must be paid in any case.

Transferring part of the alimony to the bank

One way to pay alimony to a child, and not to a wife, is to transfer half of the funds to a bank card opened in the name of the son or daughter of the alimony payer. This option of material support can only be prescribed by the court.

To open a bank account to which funds will be transferred, the parent must submit the following package of documents:

1. Your passport.
2. Certificate for the child.
3. Judgment.
4. Statement from father.

If the child’s father does not work, he must still transfer funds for the financial support of his child. As a rule, in this case, the court assigns an amount calculated as a percentage of the subsistence level.

If there is a court decision, half of the money paid will go to the bank, and the other half will go to the account of the mother, who will provide for the child with this money.

What to do if your wife does not file for alimony

Unfortunately, cases where the ex-wife does not immediately apply for the collection of alimony for the maintenance of a minor child are quite common. It is for this reason that the father may be required to pay funds for the past period.

To prevent this, a man can immediately offer his ex-wife an alimony agreement, which can be drawn up in free form. It is important that this document contains the following information:

1. The exact amount of alimony paid.
2. Procedure for payment of funds.
3. Payment period.

When drawing up an agreement, it is worth taking into account the fact that the amount of voluntary alimony must be no less than the amount that could be established in a court decision.

In this case, the spouses can also include a clause in the document stating that only half of the funds will be transferred to the child’s mother, and the other half will be transferred to the child’s account.

Upon reaching the age of sixteen or after coming of age, he will be able to use the money at his own discretion.

What to do if a mother spends money on something other than her child

Family law establishes the property rights of minor children, including the possibility of receiving financial support from their parents. At the same time, Article 60 of the Code establishes that one of the parents must transfer child support to the account of the second parent or a person replacing him. But the money received can only be spent in the following areas:

1. Child education.
2. Providing for the material needs of a minor.
3. Child education.

Accordingly, the legislation directly establishes the intended purpose of payments transferred as alimony.

How to control spending of funds

As a rule, almost all spouses after a divorce get into a dispute over the financial support of their common children. Quite often, fathers strive to control the targeted spending of the funds paid so that the ex-wife does not spend the money on her own needs.

At the legislative level, there is no way to verify the intended use of money.

How to resolve an issue in court

If the father has suspicions that the child’s mother is not properly fulfilling her parental responsibilities, this issue should be resolved in court. If the ex-wife does not fulfill her responsibilities in raising the child, the father can seek deprivation or restriction of her parental rights.

In addition, in the presence of such circumstances, the father has the right to demand that the place of permanent residence of his child be determined. If the court's decision is positive, the minor will live with his second parent, and the father's obligation to pay child support will be canceled.

In all other cases, the man must pay alimony, without having the right to demand from the mother of a minor any reports on the intended use of funds.

Changing the payment procedure

The division of alimony into two halves cannot be established at the request of the parties. Such a decision can only be achieved through the courts. An appropriate decision may be made in the following cases:

1. At the request of the alimony payer.
2. The court may make such a decision, taking into account the interests of minors. In this case, the judge has the right to independently decide whether this method of paying child support payments will be in the interests of the child.

As practice shows, it is almost impossible to prove that the mother spends the funds paid for the child in an inappropriate way. Since the ex-spouse lives separately from the children, he is not able to track all the data.

Is it possible not to pay child support?

According to the norms of current Russian legislation, each parent is obliged to take care of his child, regardless of whether he lives together with him.

If a parent for some reason does not fulfill his or her duties, the father or mother of the minor may apply to the court and demand the recovery of alimony. In this case, the alimony payer will be obliged to pay alimony regularly (not necessarily monthly, but on his own, as established by the decision).

In addition, alimony payments can be made on the basis of an agreement concluded by the parents voluntarily. This document indicates the amount that is regularly paid by the alimony payer for the financial support of his minor child.

Unfortunately, cases where parents refuse to pay money for their child are quite common. That is why questions about how not to pay alimony legally are popular on the Internet.

As a rule, children remain to live with their mother, to whom their fathers regularly transfer a sum of money determined by agreement or court decision. At the same time, many alimony payers still have the opinion that they are paying money not for their child, but for their wife, who spends it at her own discretion.

The best way to resolve the issue is to conclude a voluntary agreement in which parents can independently decide how to spend the funds paid:

1. Real estate or other expensive property is registered in the name of the child. In this case, the mother of the minor will not be able to demand monthly payment of alimony.
2. A bank account is opened for the child, to which the father will regularly transfer a certain amount of funds. You can use the money only when the child reaches the age of majority.
3. The father will regularly pay certain expenses of the minor. For example, this could be payment for the cost of kindergarten, attendance at extracurricular activities, or payment for a tutor.

Is it possible not to pay alimony for my wife?

Within the framework of family law, there are a number of cases in which a former spouse may be obliged to pay alimony for the maintenance of his wife. Such an obligation arises when the wife is unable to work, is pregnant, and is raising a child until he reaches the age of three.

In addition, the law provides for the obligation to support a spouse in the event that she is caring for a common child with a disability until he reaches adulthood.

In such a situation, the amount of alimony payments is set at a fixed amount, and exemption from transferring funds is possible only in certain cases established by law.

Circumstances under which it is possible to request cancellation of payment of alimony for a wife

Within the framework of family law, a list of grounds has been defined on which an alimony payer who transfers funds for the maintenance of his wife may be exempt from fulfilling this obligation.

1. For example, if a disabled wife has such a right, provided that such a condition arises as a result of abuse of narcotic, alcoholic or psychotropic substances.
2. If the spouse was married to the claimant for a short time.
3. If the wife behaved unworthily in the family.

It is worth remembering that these grounds are not directly listed in the Family Code, so each judge approaches their assessment individually.

Procedure for obtaining exemption from alimony payments

In order to obtain an exemption from paying alimony payments for the maintenance of his ex-wife, a man must draw up a statement of claim that contains specific grounds for making such a decision.

The annex to the claim must include evidence that confirms the stated circumstances. For example, you can prove the fact of the short duration of a marriage by providing a certificate of conclusion and dissolution of the union.

To confirm the fact of alcohol or drug abuse, the spouse can provide medical documents or testimony.

If you have any questions about collecting alimony, you can contact the site’s consultation service. Lawyers with professional experience in this category of cases will respond within a few minutes and describe in detail your further action plan. Support is available online 24/7 and is free of charge.

Transfer of child support to the child's account

The responsibility to care for children lies with both parents. If they are divorced, then the child lives with only one of them, while the second is obliged to pay alimony - money for his maintenance.

People often ask about alimony whether it can be transferred to the account of a child under 18 years old - this is not surprising, because if people are divorced, it means that they have a conflict and had serious disagreements, so now they can hardly trust each other.

And what should you do if the payer is ready to continue to support the child, but has doubts that his money is actually being spent for its intended purpose? Then payers often have the question of how to transfer child support to the child’s account so that the second parent cannot manage it. Is there such a possibility, and if so, how to pay alimony to the child, and not to the wife?

Who is the recipient of child support?

The recipient of child support is the parent with whom the child lives.

It is the parent who receives the right to manage child support, but is obliged to use it for the child. This is not always the case, which is why the question arises as to whether alimony can be transferred to the child’s account.

Sometimes a situation arises of misuse of funds by the parent who is the recipient, or the payer simply wants to ensure the future of his child by making contributions to a special account that is supposed not to be touched until he comes of age - the reasons may be different. One way or another, the opportunity to transfer at least part of the alimony to the child’s account has greatly simplified the life of many fathers and mothers paying alimony.

Can child support be transferred to a child's bank account?

And this opportunity exists, but with reservations. Although the answer to the question: is it possible to pay child support on a child’s account is positive. Yes, the legislation establishes the right of the payer to make payments of part of the amount of alimony to the account of a child who has not reached the age of majority, but important nuances should be highlighted.

So, the part transferred to the offspring’s account cannot exceed half of the total amount, but the second must still be sent to the parent’s account. In addition, you first need to obtain a court decision - the same one that made the decision on payment.

And it is important to note that, even if it was possible to obtain a court decision to transfer alimony to the child’s account, the parent with whom he lives will still have access to his account.

• When considering such cases, the court first of all protects the interests of the child, this means that if the collection procedure is changed, it is only in order to better satisfy his rights, and the amount of alimony must exceed the subsistence level, or it must be proven that the parent receiving it does not always uses products strictly for their intended purpose.
• As we have already noted, access to the account will still remain with the parent receiving alimony, but the control of the guardianship authorities will be strengthened, and if necessary, access will subsequently be limited.
• To change the alimony payment scheme, one of the following reasons can be used:

Using them for purposes other than their intended purpose

Intended use is considered to be the expenditure of funds for the direct material support of the child, as well as other needs that contribute to his development: education, treatment, and so on.

If the payer has evidence that the funds are spent on completely different purposes that have little to do with the well-being of the child, and this evidence is presented in court, then they may prompt a change in the collection procedure.

They may even prompt the court to initiate the process of depriving parental rights for spending child support on their own needs.

The amount of child support clearly exceeds the child's needs

This means that part of the funds can be freely set aside for the future, and the court may respond favorably to the desire of the paying parent to provide payments to the offspring in a special account focused on this, provided that the validity and feasibility of changing the payment order is convincingly proven. Also, this change can be formalized without a trial if both parties agree on the issue.

As for the consent of the parties, we note that if the parents entered into an agreement on the payment of alimony, without going through a trial, then they have the right to establish that at least the entire amount should go directly to the child’s account - there is no limit of 50% here.

An unauthorized transfer of funds, that is, made without an appropriate court decision or an agreement signed by both parties and certified by a notary, will not be considered alimony payment. That is, the payer will be considered to have made a gift, but he still owes the same amount.

Application to change the procedure for executing a court decision

If the payer decides to transfer part of the funds to the child’s account, then he can formalize this in the form of an application and present it to the court.

In order to transfer child support to a child’s bank account, the applicant must open this same account even before filing a claim. Namely: a savings account in the name of the child - the choice of bank does not matter. To open an account, you only need the payer’s passport and a copy of his birth certificate. After this, it is worth discussing with the other parent the issue of transferring child support to this account. There is a chance that an agreement will be possible, and even if it is not. In any case, the fact that before the appeal the plaintiff tried to settle the matter amicably will be important in court. If this fails, you can safely go to court.

But before submitting, you should consider a few important nuances:

•  A direct transfer of part of the alimony to the child’s account may be allowed only if the remaining amount, which will continue to be transferred to the supporting parent, will be sufficient to meet his needs. If the alimony is small, you should not count on the claim being satisfied.
•  In addition to the desire to change the payment procedure, you must also have reasons for this - as well as evidence that these reasons are really compelling. Most often, the court decides to satisfy the claim if it is possible to prove the misuse of alimony. After all, then it is necessary in the interests of the child. Evidence may include testimony of witnesses, a corresponding act from the guardianship authorities, etc.
•  The court must take an individual approach to each case - this means that before making a decision, all accompanying circumstances will be considered, for example, it is necessary to identify additional needs of the minor, such as the need for additional training or treatment. The decision to satisfy the claim will be made if alimony covers not only basic expenses, but also these, and something else remains. Exactly what remains will be sent to the child’s accounts - it may not be 50%, but only 30% or 20%.
•  An important factor will also be whether the minor will receive an advantage as a result of such a decision, that is, how the interest rate on his account and inflation will relate to each other. With an interest rate approximately equal to inflation and even lower, it is unlikely that the court will recognize the payer’s demands as justified.

How to file an application to the court?

The case will be considered within the framework of ordinary claim proceedings, which means that the statement should be drawn up as a standard claim, it must contain a description of the situation and justification of the requirements. A sample application for changing the procedure for executing a court decision, which can be relied upon when drawing up, is attached to the article.

Let's look at the contents of a standard statement. It should consist of several parts:

Introductory - it indicates the name of the court, the full name of the judge who made the decision, the execution procedure of which must now be reviewed, the full details of the plaintiff and the defendant - if the payer is in the first capacity, then the recipient is in the second, respectively. This data includes full name, address and zip code, telephone number, etc.

And if there is something beyond them, then this can also be indicated with documentary evidence, and after that refer to the circumstances that prompt the payer to demand a change in the procedure for implementing the court decision.

It may be stated that alimony significantly exceeds the minimum subsistence level and, if you change the order of payments, you can save funds that the child will have the opportunity to dispose of in the future.

Other advantages of transferring benefits directly to the child’s account.

A reference to the misuse of alimony by the recipient with the obligatory provision of evidence.

The petition part must state the payer’s demands to change the payment procedure. There should also be a statement of what he sees as the optimal modified order.

Finally, you should indicate all documents attached to the application.

Sample application to change the procedure for executing a court decision

Which court should I go to?

Since we are talking about changing the order of execution of a decision already made by the court, the payer must apply to the same court that previously made a decision on his case, obliging him to pay alimony. Only this court can directly change the procedure for executing its decision.

The procedure for executing a court decision

If the transfer is carried out independently, then the payer must distribute the funds in the proportion that was indicated by the court, transferring the necessary part to the ex-spouse, and the rest to the minor himself.

If the deduction of alimony payments is made in the company where he receives wages, he should submit an application to the accounting department, attaching a copy of the writ of execution or agreement and the necessary details so that the deductions are now made to two accounts, and not to one, as before.

If funds are collected forcibly from the payer with the involvement of the bailiff service, then either party must submit a new writ of execution to the service.

Funds from his account will be at the disposal of a minor after he reaches 14 years of age, but written permission from his parents will be required.

Before reaching this age, the funds in the account will simply accumulate.

The right given to the alimony payer to change the procedure for collecting it serves as a reliable tool for protecting the property rights of the child.

The likelihood that the payer will begin transferring child support directly to the child’s account can bring some sense to even those parents who are inclined to use the funds they receive for purposes that are not entirely necessary.

In addition, in this way you can provide the child with a kind of “start-up capital”, with which he can feel more confident when he reaches eighteen years of age. The main thing is that in such matters, both parties primarily proceed from the interests of the children, and not their own.

How can you avoid paying child support to your ex-wife legally?

Kalinina Evgenia, economist by education and linguist by vocation. Editor-in-Chief of the Alimenty-urist.ru project. Has 11 years of experience working in various publications.

Often, when discussing the issue of alimony, it is implied that it is the father of the children who is the payer of alimony. According to the law, he must financially provide for children until they reach adulthood. It happens that situations occur in life in which a person begins to think about how not to pay alimony . But most fathers are not at all against alimony for their child, but do not want to provide hard-earned funds to their ex-wife for her own comfortable existence.

It is worth noting that, by law, alimony is required to be paid from all sources of income of the father of the children, including unofficial ones. But since it is extremely difficult to control the process of receiving funds from auxiliary earnings, alimony is often calculated exclusively from the “white” salary. This is precisely where the first case arises of how you can avoid paying alimony.

It is important to note that there is no and cannot be a legal option for stopping the payment of financial obligations at personal request, because the law always takes into account the rights of children.

Ways to avoid paying child support

But there are ways to ease the heavy alimony burden, and the law additionally provides for the termination of alimony obligations.

1. When changing the form of alimony payments

This option can be implemented by those who personally own residential real estate. Since, based on Article 104 of the Family Code, one of the parents has the opportunity to transfer residential property to their child free of charge instead of paying financial obligations.

To implement such a plan it is necessary:

1. Written certified permission from the guardianship authority, as well as trusteeship, to replace alimony with real estate;
2. A child support agreement drawn up in writing and notarized between two parents of a child on the transfer of residential real estate in payment of material obligations.

But know that if the collection of material payments has already been made and in full, a legal court decision has entered into force, it will not be possible to replace the monetary form with the transfer of real estate.

2. When reducing the amount of monetary obligations

It is possible to reduce the level of alimony payments if:

• draw up an agreement with the child’s mother on a voluntary basis and transfer a set, small amount of cash payments;
• provide a certificate of low income;
• submit an application to the court in order to determine alimony for the offspring in a fixed, approved amount of money;
• tell the court about a significantly decreased level of income and solvency, citing objective reasons, for example, illness, loss of work, and petition for a reduction in the amount of alimony payments;
• if children were born in a newly concluded marriage, then with your ex-wife you can apply for alimony for the children from the current marriage, thus reducing cash payments to the offspring from the previous marriage;
• provide evidence that the amount of child support exceeds the child’s needs or that the funds are not spent for their intended purpose.

3. When raising a child alone

The father has the right to live together with the child and independently raise and provide for the child.

To do this, it is worth trying to reach a voluntary agreement with the child’s mother and take him to you. But it is unlikely that she will approve.

Then it is possible to achieve a change in the place of residence of the offspring only in court - when it can be proven for sure that the child lives in inappropriate conditions.

When a child turns 10, the court may ask him which parent he would prefer to live with. At the same time, the child’s desire to move to his dad becomes one of the main arguments in favor of changing his place of residence.

A father who is independently involved in raising and providing for a child can turn to a bailiff in order not to pay financial assistance.

It is worth warning fathers in advance who want to undertake such a risky venture in order to be exempt from financial payments. It is more likely that further expenses for providing for the child will be much higher than the amounts of money that they would pay to the child's mother.

4. Due to the entry into force of the circumstances provided for in the alimony agreement

When monetary obligations are subject to payment under a child support agreement concluded by both parents, then if the moments provided for in it arise, their payment is reduced to zero.

For example, parents could stipulate the case of the next marriage of the child’s mother, then the father stops paying financial assistance, and it does not affect whether the stepfather adopted the child or not. Or if the child starts working and is able to provide for himself, then parental financial support will stop.

Of course, this can be done when the payment of alimony is described in the alimony agreement, but not by a court decision.

5. Upon receipt of a refusal of alimony from the recipient

This action will be considered legal only if:

1. The recipient will apply to the judicial institution with a request to reduce monetary payments or completely waive them when the financial situation has significantly improved and there is no need for auxiliary means;
2. When submitting an application to the bailiff service for the return of the writ of execution and termination of collection of alimony obligations.

6. If other circumstances occur

• death of either the payer of material obligations or the recipient;
• the onset of adulthood or the child’s employment before it;
• the end of the duration of the alimony agreement.

In the above cases, alimony obligations can be terminated without legal proceedings - the enforcement calculation is terminated on the basis of supporting documents given to the bailiff, and the writ of execution or the judicial order must be returned to the court with a note indicating the termination of financial payments.

When challenging paternity or adoption of a child by a new parent or guardian after renunciation of paternity, or complete deprivation of parental rights, in order to stop paying financial obligations, you will have to turn to the court for the necessary decision.

In the statement of claim, it is important to indicate the reason for the termination or cancellation of alimony payments and provide evidence of the given circumstances. Referring to the court's decision, the payment of alimony is terminated.

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How to pay child support, not your wife

Parents are required to support their children. If the child lives with only one of the parents, then his maintenance by the second parent should be expressed in the form of alimony payments.

This type of child support is assigned by court or paid by mutual consent of both parents. The most optimal and civilized way is expressed precisely in an agreement between parents.

With its help, adequate relationships between parents are maintained and finances and strength are saved. The agreement describes the amounts, methods and procedures for child support payments for each child.

A very important point is that the payment is made in the name of the parent, not the child. In other words, funds cannot be transferred to the child's bank account.

How can you make sure that you pay child support directly to the child, and not to your ex-wife?

A bilateral agreement is drawn up in writing on making payments of a certain amount as alimony. The agreement describes the amount, method of payment and procedure for making child support payments. This agreement is certified by a notary.

Payments of alimony must occur within the terms established by the agreement. The agreement prescribes methods for depositing funds, or such methods are accepted by the court. These include: postal transfer, deposits into bank accounts, personal transfer of funds. It is imperative to keep each receipt or receipt confirming the payment of the amount.

The frequency of child support payments is described in the agreement between the parties and must occur regularly, but this does not mean transferring funds every month.

This agreement can be changed and even canceled with the mutual consent of both parties. If only one of the parties wants to change the agreement, this issue is resolved in court, if there are good reasons for this.

If an attempt to reach an agreement between the parties on alimony payments is unsuccessful, the latter will be appointed by the court if the other party files a corresponding claim. If there is no official source of income, the court assigns an amount of alimony, which is calculated depending on the amount of unemployment benefits.

We will answer the most popular question about alimony: how to pay alimony to a child, not to a wife?

If the spouse wants to pay alimony to the child, and not to the wife, then this can be done in accordance with the law. The amounts due to the child go to the parents and must be spent on food, clothing, upbringing and higher education of the child. If a wife wants help from her husband for herself, then she can apply to withhold money from her husband for her maintenance. The father must pay money for the children, regardless of whether he was officially married to their mother or lived in a civil marriage.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 703-38-43. It's fast and free!

Fifty percent to the bank

What to do if one of the parents, who must pay money for the maintenance of the child, demands to pay half of the alimony to his wife for upbringing, and the other half directly to the child? The court may decide to pay 50% of the amount of alimony on the bank card of a son or daughter. To open an account with a financial institution, the following documents are required:

1. parent's passport;
2. child's birth certificate;
3. the court's decision;
4. father's statement.

If the father doesn't work. he still must pay money to raise the child - this may be a certain amount calculated from the subsistence level. Half of this amount will go to the bank, and the other half must be given to the mother for the maintenance of the children.

If the wife does not file for alimony

A situation may arise when the wife does not file for alimony at first, but after time has passed, she decides to do so. Therefore, money may be recovered from the father for the past period. To prevent this from happening, you can enter into an agreement with your wife. It can be drawn up in free form or on a special document. This form will indicate:

• amount of deductions;
• procedure for paying maintenance funds;
• payment period.

It must be taken into account that the amount of such deductions should not be lower than the amount of alimony. which the children could receive upon collection in court. Of this money, half can be given to the wife, and the other half can be transferred to the child’s bank account, and upon reaching the age of 16-18, he will be able to use the money.

We would like to summarize the article with a comment from Alexander, a lawyer at our legal portal:

Answering the question of how to pay alimony to a child and not to a wife, it should be noted that these are different cash flows to persons whose maintenance is determined by the Family Code of the Russian Federation. As for the amounts due to the child as alimony, in accordance with paragraph 2 of Art.

For the court to satisfy his request, it must be proven that the money is being used for other purposes.

How to avoid paying child support or do it as little as possible? Legal advice

A father who voluntarily pays significant sums for the maintenance of his own child, with whom he does not live, is a rather rare phenomenon. Most of them are interested in how to reduce the amount of alimony, or, even better, not pay it at all.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 938-52-17. It's fast and free!

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Anything is possible, you just need to properly analyze your situation and see what legal grounds there are for reducing the amount.

Is it possible not to pay child support at all?

No. According to the Family Code of the Russian Federation, the responsibility for providing for children lies with both parents, and neither of them has the right to evade it. It follows that:

• You are not obligated to pay the entire amount required to support the child, and even more so the child and his mother. It will not be possible to live on alimony alone, as many expect.
• You don't pay unless you are a parent. This is possible in two cases: if you prove that a child born in marriage is not yours, and if your ex-wife remarries and her new husband adopts your son or daughter. Then your child support obligations are completely removed.

How to pay minimum child support?

There are many completely legal methods to pay little:

1. Persuade the ex-wife to enter into a voluntary agreement, according to which the amount will not be very large. However, problems are possible if she later wants to challenge this decision, since according to the agreement there should not be less money than the court would have assigned.
2. Bring a certificate with a minimum income level, which is especially simple in our era of “gray” salaries.
3. If there is a new family and there is a child (children) in it, ask the wife to also file a claim for alimony.
4. Prove that the amount paid exceeds the child's needs.
5. Use one of the other grounds prescribed in the Family Code.

Low income - low alimony

Those who receive a gray salary find themselves in an advantageous position - their official income level is very low. Alimony in shares of earnings is assigned by justices of the peace precisely in shares of official earnings, and not real ones.

However, the other party may demand payments in a fixed amount, claiming that you are actually receiving much more. The court will take this circumstance into account and assign higher payments.

Here you need to understand that the defendant does not need to prove anything, since the burden of proving that he has more income is assigned by law to the applicant (plaintiff) on the basis of Article 56 of the Code of Civil Procedure of the Russian Federation.

However, you yourself can demand alimony in fixed terms. According to the law, their payment should not infringe on the interests of the payer or his other children.

So if, after paying the legal 25% per child, you and your offspring are left with less than the subsistence level, file a lawsuit to protect your interests.

In this case, the court can appoint up to 0.1 of the subsistence minimum for the region (each has its own) or for Russia (this will be about seven hundred rubles).

Your new wife can also file for alimony, even if you are officially married to her - to do this you need to prove that you are avoiding supporting your common children. In this case, the amount is divided proportionally between children from different mothers.

Read more: Apply for alimony while married: How to do it correctly.

Let’s say you pay 25% to the child from your first marriage, and you have one more from your second marriage. For two children they charge 33%, that is, 16 for each - save 9% of your earnings.

Pay the child rather than support his mother

It happens that your income is so high that the legal 25% for a son or daughter turns out to be quite a large amount, on which his mother also lives. In this case, you have the right to apply to the court to reduce the amount of alimony due to the fact that it exceeds his needs.

We recently discussed the current amount of child support in 2017 in this article. Check out the changes now.

To keep the amount in full, the mother will have to prove that she spends it exclusively on the child by presenting receipts for payment for clubs and studios, kindergarten, hot meals at school, tutoring services, receipts for the purchase of food, clothing, and toys.

Other cases

The amount of alimony is reduced if:

• The child is 16 years old, has started working and has an income that is sufficient to meet his needs.
• The child owns property that gives him a lot of money.
• The payer is a disabled person of group 1 or 2.
• The child is supported by state funds (in a boarding school, etc.).

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How to pay alimony to a child and not to a wife in 2023: is it possible?

In this article we will look at the question - how to pay alimony to a child, and not to his wife? It is difficult to control the targeted spending of the transferred money - one way is to go to court with a request to open a special bank account for your child. You can also take the minor for yourself, and then his mother will have to pay child support.

How to control the spending of alimony funds

The alimony provider has several options for further action.

Review the procedure for transferring alimony

The legislation establishes the possibility of changing the procedure for transferring alimony: 50% of the funds will continue to be transferred to the child, and the remaining half will be transferred to a special “children’s” account registered with the bank.

Funds from the account will only be available to the child when he turns 18 years old.

Only the court has the right to establish this payment procedure. When making his decision, he takes into account the fact that the needs of the minor must be met by 50% of the total amount of alimony payments - otherwise the plaintiff’s request will be denied.

If the court makes a positive decision, then the alimony provider will need to submit the following documents to register the child’s account:

• your passport;
• application for account registration;
• court order;
• certificate of birth of a minor.

Seek help from guardianship officials

The alimony holder can contact the guardianship authorities with a request that they monitor the targeted expenditures of financial resources. Workers will examine the housing conditions and draw up their report, which will then be considered by the court.

Take a minor

When the mother suffers from mental illness, drug addiction, alcoholism and spends child support solely on her own needs, while the child is in unsatisfactory conditions (poor food, unsanitary conditions, lack of basic shoes and clothing), then the father can take the minor for himself.

With a positive court ruling, the mother becomes the alimony provider, and the father becomes the recipient of financial resources.

How to prevent misuse of funds

The alimony holder can file a claim with the court, indicating in it that the woman is not spending alimony for its intended purpose. In order for the court to accept the claim for consideration, the applicant will have to provide significant evidence of his suspicions:

1. a certificate of the salary received by the ex-wife;
2. an act of research into the living conditions under which a minor child lives (the document is drawn up by employees of the guardianship authorities);
3. certificate of transferred alimony payments;
4. a document about the woman’s expenses for the financial support of a minor.

Judicial practice shows that it is almost impossible to prove misuse of alimony payments. So, if it turns out that the child does not need quality food, clothing and entertainment, then even photographs and testimony about the woman’s purchase of expensive goods with her low salary will not be a powerful argument for the court.

Is the ex-spouse required to report on spent alimony?

In a situation where the spouses have entered into an alimony agreement, and the text of the agreement contains a clause requiring the woman to provide reporting on the alimony spent, the man has every right to demand checks, receipts and other certificates from the child’s mother.

In all other cases, the woman has the right not to provide any report to her ex-husband. He will have to contact the guardianship authorities to have specialists examine the child’s living conditions. If it turns out that the minor needs much better financial support than his mother provides, then he will need to go to court.

When a man pays alimony to his wife

The legislation establishes 3 situations in which a man is obliged to transfer alimony payments for the maintenance of his ex-wife:

• the woman has been diagnosed with a disability and has reached retirement age (that is, alimony is paid due to disability);
• a woman is carrying a child or caring for a child under 3 years of age;
• a woman looks after a disabled child under 18 years of age or a disabled child of group 1 from birth.

In the cases listed above, it will not be possible to pay alimony only to the child; you will also need to provide financial support to your ex-wife.

Let's sum it up

If a man suspects that his ex-wife is spending alimony on her own needs and requirements, then he has the right to seek help from guardianship officials and the court. These authorities will check the child’s living conditions and make a certain conclusion - for example, register the child’s bank account or transfer the child to the father.

Additionally, the legislation defines several situations when the ex-wife has every right to file a claim in court to establish alimony specifically for herself.

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