Child support report for father

According to the laws of the Russian Federation, parents are obliged to support their minor children. It is assumed that they will do this voluntarily and to the required extent, but this does not always happen. If one or both parents do not want to voluntarily allocate funds to meet the needs of their child, the state has the right to demand this money and forcibly withhold it.

Child support allowance can be assigned in any amount:

1. As a percentage of available income. In relation to minors, deductions are most often assigned as a percentage, since they allow taking into account both the interests of the child and the capabilities of the payer.
2. In a fixed amount, if the interest cannot be collected due to lack of information about income, or the allotted interest cannot cover the minimum needs of the minor.

Alimony is considered to be payments that are made for:

1. A settlement agreement concluded between the parents. It must be drawn up according to approved standards and certified by a notary, otherwise it is not considered legally legal.
2. According to a writ of execution, which was issued as a result of a court hearing.
3. By a court order issued at the request of the recipient without inviting the parties to court.

When payments are made voluntarily, at different times and in different amounts, such payments are not considered alimony and are considered simply assistance to one’s child.

Alimony relations between parents are long-term in nature and are aimed at meeting the needs and requirements of the child, and not the parent who is his guardian. But how can you get a report on child support and find out where it is actually spent?

Who is the recipient of child support?

A minor child must be provided with child support by a parent who does not live with him. But due to his age, he cannot receive and spend payments on his own. This function is assigned to the guardian.

A guardian can be:

1. The mother of a minor, if she lives with him in the same territory and fully provides for his household needs.
2. The father of the baby, if cohabitation was determined voluntarily between spouses or established by court.
3. A guardian other than the biological parent who has legal custody.
4. State authorities, if the child is being cared for in an orphanage.

In the case of being in state care, reports are made regularly by employees of child care institutions. But when these relationships arise between individuals, the issue is resolved in a different manner.

The transfer of alimony benefits to the name of the guardian is made in any way chosen by the parties. It could be:

1. Transfer in person from the payer to the recipient-guardian. This method is not prohibited and can be used for payments. However, it is recommended to record the transfer in any convenient way; you can take receipts each time or do it in front of witnesses. Such reinsurance is more necessary for the alimony provider than for the recipient. In case of disputes, the alimony payer must be able to prove that the funds were transferred and there is no debt.
2. Receiving alimony from the cash desk of the organization where the debtor works, personally by the guardian. Used in small towns to avoid paying interest on postage or transfer.
3. By post. It is one of the most common transmission methods.
4. Transfer funds to a card or bank account.

Regardless of the chosen payment method, they must be made regularly and on time.

Is it possible to request a report on how alimony is spent?

According to the articles of the Family Code, alimony benefits are paid for targeted needs, namely to meet the needs of a minor child. This provision is enshrined in Article 60 of the RF IC.

But it is not entirely clear how to evaluate these very needs; it simply means that everything paid by the alimony payer should go to the son or daughter, but cannot be spent on the personal goals of the guardian himself, in particular, the wife.

On the other hand, there is no article in the law that would oblige the ex-wife to account for her expenses. The absence of this obligation is due to the fact that it is physically impossible to constantly account for every penny. After all, a child’s needs are broad and include:

1. Nutrition. It is impossible to say what the baby should be fed, but there is an established minimum food supply that must be provided.
2. Buying clothes. Again, these can be fashionable, expensive things, or they can just be necessary wardrobe items.
3. Payment for kindergarten, school, clubs, sports sections.
4. Medical costs.

And these are just the main blocks, which cannot be avoided; in addition, the child must rest, go to children's summer camps and much more. But no one can say that the spouse must spend the money received from the father in a strictly established manner. Just as it is impossible to establish a report on the expenditure of alimony.

Therefore, if a father is wondering how to oblige his ex-wife to account for alimony, then the answer is simple - not at all. She is not obliged to report on child support and will not do this without her voluntary desire. No one has the right to force her to give an account of child support, even in court.

Another question is that the father can file a claim for misappropriation of funds, and then the wife will be obliged to tell in the courtroom where and how the money is spent.

What to do if alimony is spent for other purposes?

We found out whether it is possible to oblige the ex-wife to account for alimony. The ex-spouse does not have such an opportunity.

It is the woman’s responsibility to spend the money correctly, and if the minor does not lack financial support, then the wife cannot be forced to report.

The satisfaction of a child’s needs can be assessed using the following indicators:

1. Does he suffer from morbid thinness, which may be characterized by lack of nutrition?
2. Does he have any sudden onset diseases, which may indicate a lack of vitamins and minerals in his diet?
3. How he's dressed. These are clothes that fit him, bought or given away by someone out of compassion and a desire to help.
4. Does the baby have toys appropriate for his age?
5. Does he look well-groomed and healthy?
6. He is provided with timely medical care.

In addition to external observations, you can ask the child himself about how he is provided for. Testimony of children under ten years of age is not accepted in court as unconditional evidence, but is taken into account by the judge when making a decision.

If the father suspects that the mother is spending funds incorrectly, then he should try to collect evidence of this fact himself or contact the guardianship authorities to enlist their support.

It should be understood that when turning to court or guardianship authorities, you can pursue two different goals:

1. Find ways to put pressure on how to force your ex-wife to spend all the alimony benefits she receives exclusively on the minor.
2. To petition for the deprivation of her maternal rights and the transfer of the baby to the father.

If we are talking exclusively about the first option, then you can simply redirect the alimony funds so that the woman cannot spend them.

Transferring child support to a child's bank account

If there is evidence of inappropriate waste of the paid alimony allowance, it is possible to limit its spending, but not in its entirety, but only half. By law, the alimony payer can request that the amounts withheld from him not go entirely to the woman. It is allowed to divide deductions in half.

In this case, one half, as before, is transferred to the guardian’s bank account or transferred to him in another way. The second half will be automatically credited to a pre-opened bank account in the child’s name. The payer himself can open an account; he will have to indicate this information in the statement of claim.

A minor cannot spend the transferred funds, just as another adult, be it a guardian or the father who opened it, cannot withdraw them. The account will be replenished until adulthood, and after turning 18 years old, the child will be able to use his money as he wants.

You can make a half credit to a minor’s savings account:

1. By mutual agreement. If the couple previously had an alimony agreement. Spouses should go to a lawyer and make appropriate changes to the text of the agreement.
2. At the request of the court.

Money can be credited to an open account in any order from any of the parents. All amounts in excess of the specified amount are not considered alimony payments and do not go towards repaying debt obligations.

When considering a claim, the court has the right to allow the specified redistribution or not, in the absence of evidence of misuse. Therefore, before the start of legal proceedings, the applicant is obliged to attend to the collection of evidence.

Application to change the procedure for executing a court decision

To file a claim to change the order of execution of a previously assigned alimony decision, it is necessary to draw up a claim and support it with documents.

The statement of claim is drawn up in any order, but taking into account the requirements that are put forward for the claims. The application must include the following:

1. The court to which, after drawing up, the claim will be sent.
2. The judge's details are his last name, first name and patronymic.
3. Information about the applicant himself - full name, address and contact telephone number.
4. Information about the defendant in the case, then the network to the ex-wife. Indicate her full name, address, and contact phone number.
5. You should begin presenting your requirements with a brief description of the origin of alimony relations. Was there a marriage when they got divorced, support the information with references to documents. When the children were born. When was alimony awarded? What is the amount of monthly payments, the data is given as a percentage or in a fixed amount.
6. The following describes the situation that gave rise to these proceedings. Why does the applicant believe that the money is being spent incorrectly, what exactly prompted him to think so?
7. The next block provides the grounds and evidence for the above suspicions.
8. Demands are being put forward to review payments and divide them into two components - one for the child, the other for the guardian, 50% each.
9. A list of documents attached to the claim is provided.

Please note the completeness of the documents that must be attached to the application:

1. Applicant's passport. Please attach a copy and have the original with you when filing a claim.
2. Child birth certificate issued by the Civil Registry Office.
3. Executive document. This could be an agreement, a court order, or a court order.
4. Certificate of absence of arrears in alimony payments.
5. Certificate of the amount of contributions for the last year.
6. Evidence of misuse.

The last point is very voluminous and may include testimony from relatives, neighbors, medical workers, guardianship officials and other persons. You can provide printouts of the defendant's expenses, if you can get them. Audio, photo and video evidence. In general, any means are used.

Consideration of the application in court

Upon filing a claim, the court has the right to demand a report from the defendant about where and how she spent the funds.

Moreover, the woman herself does not have to prove the intended use; it is the plaintiff who must provide evidence that she directed the funds to the wrong place. Therefore, the answer to the question: “Is it possible to require a report?” Remaining the same is not possible. Having received a copy of the claim at his address, the defendant can prepare a counterclaim or write an explanatory note to the court. It is better to do this before the first meeting.

The number of court meetings depends on how responsibly the parties will appear at them and what information will be provided to the court. It is possible that all the i’s will be dotted at the first meeting, but several meetings may be needed to clarify the situation. In any case, the result will be the satisfaction of the plaintiff's claims or their rejection.

Report on alimony - what to do if you don’t come to an amicable agreement

During a divorce, the court in 90% of cases sides with the ex-wife. Children, if any, remain with the mother, and she is paid alimony for their maintenance. The problem is that modern young mothers often confuse their own and their children's needs and spend money for other purposes than their intended purpose.

The main document regulating the relationship between divorced parents is the Family Code of the Russian Federation. In particular, Chapter 12. Norms of the RF IC in some way complements the Civil Code. But none of the laws can oblige the ex-wife to account for alimony. This state of affairs does not suit fathers, who regularly transfer payments due to their child and do not notice his new clothes and toys.

The topic of alimony is a sore point for many ex-spouses. Women receiving alimony by court order are confident that the ex-husband is hiding his real income. Men, in turn, who pay the minimum possible amount (on average 2 thousand rubles), are perplexed why their child does not attend sections and clubs, but wears clothes and shoes for older brothers or sisters.

A report on alimony with checks and statements attached to it will shut such a would-be dad’s mouth for a long time. However, women who have received a request from their spouse to account for the money spent often perceive this as a personal insult. And, without doubting that they are right, they refer to the absence of relevant provisions in the legislation.

As practice shows, men from whose salaries minimum alimony is deducted are rarely interested in its intended expenditure. Just like the child himself. The only thing that can disturb them is that the ex-wife demands indexation of alimony. But this is a separate topic.

As a rule, the topic of targeted use of alimony is relevant for a father who honestly fulfills his responsibilities towards his children. We do not take into account inappropriate individuals who demand to account for meager sums. But still, what should parents do who see that their money is going nowhere?

Much will depend on how alimony is paid:

• Voluntarily, based on oral agreements. As practice shows, words in these cases mean very little. And it is better to contact the judicial authorities.
• Voluntary, but the corresponding agreement is certified by a notary. In this case, it is recommended to stipulate in a separate paragraph the obligation of the alimony recipient to account for the funds used. The spouse’s refusal to report will be grounds for termination of the contract.
• Alimony paid by court order. In fact, this option is similar to the previous one - if the corresponding clause is stated in the court order, then the ex-wife is obliged to account for the use of funds.

In the last two cases, if the ex-wife ignores the father’s demands, he has the right to file a corresponding application with the bailiff service. They are able to use legal methods to force a woman to fulfill her obligations. But if no such agreements have been made, the father has a long way to go.

Article 61 of the Family Code of the Russian Federation gives parents equal rights and responsibilities. Accordingly, the father has the right to request information from the mother about the expenditure of alimony. And if the worst suspicions are justified, and the mother does not respond to requests, it is time to prepare for a visit to the guardianship and trusteeship authorities.

Preparation does not mean moral attitude (although that too), but the collection of evidence. They can be checks and receipts confirming expensive purchases, vouchers, tickets. Although the ex-wife is unlikely to share such documents. When independently collecting evidence confirming the misuse of alimony payments, the main thing is to be guided by the principle of legality.

In our case, when collecting information, we should start from Article 66 of the RF IC, which stipulates the right of a separately living parent to find out information about his child.

For example, if a father has doubts about the amount stated as necessary to pay for a course of treatment, a club, or a section, he has the right to contact these organizations with a corresponding request.

By the way, in the future, responses from these organizations, properly formatted, can be used in court proceedings.

A visit to the guardianship and trusteeship authorities can only be considered as an intermediate step on the path to trial. True, it can solve several issues. First of all, government agencies that have the right to go to the child’s place of residence and assess the conditions in which he lives will be involved in the problem.

Perhaps they will identify additional evidence of misuse of alimony payments.

Let's assume that attempts to reach an agreement out of court were unsuccessful. And the mother ignored all the father’s attempts to get a report on the expenditure of child support. In this case, the ex-spouse, who suspects their misuse, has the right to go to court with the following demands:

• In court, oblige the woman to account for the money spent. A properly substantiated claim may well be satisfied.
• Credit 50% of the funds paid to the child’s bank account. The second half of the alimony must fully cover his needs. The child will be able to use this money only after reaching adulthood. The parent gains access to the account only in exceptional cases (illness, injury, etc.), and even then the guardianship authorities will control the expenditure of funds.
• Review the child's place of residence. If the decision is positive, he moves in with his father, and the mother becomes the payer of alimony. This is a rather radical measure, and judges only take it in extreme cases (for example, a parent’s proven addiction to alcohol and drugs).

Witness testimony and photographs will also not be superfluous. However, the father himself must submit papers confirming the transfer of all alimony amounts to the account of the child’s mother. In addition, the judge will take into account the following facts:

• Housing conditions and financial viability of each parent.
• The physical ability of a person to devote enough time to a child for care and education.
• Parent’s lifestyle (hobbies, bad habits, etc.).
• Report from specialists from the guardianship and trusteeship service. They draw up an act assessing the living conditions in which the child lives.

A child’s change of place of residence is possible only if the father has been able to prove the immoral lifestyle of his ex-wife and the improper living conditions of the child.

But, as practice shows, most often judges simply oblige the payer to transfer alimony to the child’s account, where it will be frozen until the child reaches adulthood.

Before this period, money can only be used to pay for a child’s treatment, a visit to a sanatorium, or purchase things. Moreover, all expenses occur under the control of the guardianship authorities.

Is it possible to request a report on how child support is spent from your ex-wife?

When a parent pays money to meet the needs of a minor, he is interested in ensuring that the funds go specifically to the needs of the child.

Therefore, the report on alimony is a very relevant topic. Can a husband demand such a report from the mother of his son or daughter? It all depends on the circumstances of a particular situation.

Let's figure out when it is possible to obtain a report on alimony, and when it is quite difficult to do so.

Executive documents and reporting

As established by the legislation, in particular the Family Code of the Russian Federation and the Civil Procedure Code, the provision of alimony maintenance can be carried out on the basis of the following executive documents:

• agreement on the payment of funds, drawn up on a voluntary basis;
• court order;
• performance list.

But, before talking about the relationship of these documents with the obligation to account for alimony, it is necessary to dwell on the situation when child support is paid on the basis of an oral agreement.

If the parents agreed verbally

In such a situation, it is quite difficult to demand a report on how the funds intended for the child were spent. If the ex-wife wants to provide this information, then only then will the father of the minor know how the money was spent. If the wife refuses the request, then it will not be possible to obtain the information of interest.

What way out of the situation can be found? For example, insist on concluding an alimony agreement.

If an agreement has been drawn up

If the parties have peacefully agreed on the payment of alimony for a minor, then, from a legal point of view, an agreement on the payment of funds must be drawn up, which must be certified by a notary. Verbal agreements mean nothing. Or almost nothing.

As part of the issue of the alimony agreement under consideration, you need to know the following:

1. This is a civil contract. Consequently, the parties can supplement the document with various clauses and conditions at their discretion. The main thing is that these conditions do not contradict the law. Accordingly, if the agreement states that a report on the expenditure of alimony must be provided without fail, then you can force the wife to report without much difficulty. If he doesn’t want to, there will be grounds for terminating the agreement.
2. This is an executive document. That is, if what is written in it is not fulfilled, for example, a report on the expenditure of alimony is not given, bailiffs can be involved in organizing the execution of the terms of the agreement. They have legal tools in their arsenal to help restore the rule of law.

Therefore, is the spouse required to file a report after using alimony? Yes, if this condition is specified in the alimony agreement.

If there is a writ of execution or court order

The practice develops in such a way that the report on the alimony spent by the mother does not, as a rule, appear in these executive alimony orders. The court establishes:

• amount of payments;
• timing of their implementation;
• indexing conditions, etc.

But the matter somehow does not reach the point of forcing the mother of a minor to report to the father, the payer of the funds, by a judicial act. Therefore, according to the writ of execution and order, the mother does not have to submit reports on child support. Perhaps defendants in the described category of cases need to draw the attention of judges to this. However, what effect this will have is not very clear.

Thus, it turns out: is it possible to make a mother report on how she spent her son or daughter’s money, and do it properly? Obviously in the minority of possible cases. What should a father do?

There are ways out of this difficult situation.

Options for solving the problem

Some children really need the support of fathers who have left the family. Others are completely provided for by their mothers. Therefore, alimony, in the latter case, is regarded as some kind of pleasant bonus, and sometimes even as revenge. Left the family - pay the “tax”.

But even in those families where finances are not good, mothers do not always spend child support funds in the interests of the child. This money is used to repay loans, purchase cosmetics, etc.

Naturally, the alimony payer does not like this development of events. How can I oblige my ex-spouse to use the funds for their intended purpose?

What measures can be taken in court?

1. You can ask the court to order the recipient of the funds to prepare reports on how they are spent. To do this, you need to file a corresponding claim. If the requirement can be substantiated well enough, then it may well be satisfied.
2. An option that is more often used in practice: you should ask the court to change the order of payment of money. Namely: the plaintiff must demand that part of the funds paid by him go to a special account opened in the name of the minor. The child himself can withdraw money from such an account when he becomes an adult. The mother can touch these funds in exceptional cases. And even then, with the permission of the guardianship authorities. Deductions to a bank account can be made in an amount not exceeding 50% of the payment amount. Naturally, the plaintiff will need to prove a number of circumstances. Firstly, the funds are not spent for their intended purpose. Secondly, that the remaining amount of alimony is enough for the child to be provided with everything necessary.
3. The most radical option: the father can demand in court to determine the child’s place of residence at the registered address of not the mother, but the father. If the child lives with the father, the father will not be obliged to pay child support. Such a responsibility will be assigned to the mother, who spent the children’s money inappropriately. And if the mother, for example, still abuses alcohol, then the question of depriving her of her rights to her son or daughter can generally be raised.

Which method of influence to choose must be decided in each specific situation. Sometimes it is enough to simply threaten one of the listed measures so that the report is submitted regularly and in full. Somewhere you still have to go to court.

There are situations when only extreme measures produce results. But, if the father has taken extreme steps, then he must understand that, yes, he will not pay child support, but he will still have the obligation to provide his son or daughter with everything necessary.

Maybe it’s easier for some dads to give ¼ share of their income than to fully support and raise a child.

What to do if your ex-husband demands a report on child support?

Alimony obligations are a real “stumbling block” for former spouses. Some believe that the payments are too small and part of the income is hidden, others believe that the former “other half” spends it on themselves, and the child gets mere trifles (or nothing).

In the second case, the requirement to provide a report on the expenditure of alimony is born. How to react to it?

First of all, calm down and don't panic. Russian legislation does not provide for direct control of the ex-spouse over the spending of alimony.

The legality of such demands and the reaction to them entirely depends on the basis on which alimony is transferred. And this is where “options are possible.”

Alimony is paid voluntarily.

If the second parent transfers or transfers child support voluntarily, i.e. If there is only a verbal agreement about this, then he has the right to find out how and where these funds are spent. This is, perhaps, fair from all sides.

However, this only means that he can ask to “decipher the expenses.” Ask, but not demand: the law does not oblige you to give such a report and you cannot force it.

Thus, in the case of voluntary payment, everything is decided by the agreement of the former spouses.

Alimony is paid according to a notarial agreement.

If there is such a condition in the agreement, then the ex-spouse may well demand a report on the expenditure of alimony. And if the ex-wife refuses to provide it, she will turn to the bailiffs. The law allows this, because a notarial agreement is equivalent to an executive document.

Also, in this case, the ex-husband can go to court to oblige him to provide him with a report on the expenditure of alimony. An exotic option for us, but quite possible.

• If the agreement did not contain a condition on control over the expenditure of alimony, then the ex-husband cannot demand a report, or introduce such a condition into the agreement unilaterally, or oblige him to report through the court.
• Alimony is paid according to a court decision.
• The situation here is similar to the second option - everything depends on the court’s decision.
• If there was a condition on the provision of a report, then the ex-husband has the right to demand it and attract “assistants” - bailiffs.

If there was no such condition in the court decision, the ex-wife is not obliged to provide reports. It will be difficult to force her to do this through the court: after all, by making such demands, the plaintiff will have to prove to the court that alimony is being spent “in the wrong way.” And this is very, very difficult. His doubts alone will not be enough.

As a last resort, a doubtful alimony payer (by court or by agreement) can file a claim in court to transfer alimony directly to the child’s account. In this case, the court has the right to make a decision on transferring no more than 50% of the amount to the account.

Thus: the ex-husband can demand a report on the expenditure of alimony only if such a condition was contained in the notarial agreement or the court decision on the payment of alimony .

In all other cases, he can only ask for an account. To fulfill or not to fulfill this request is entirely the desire or unwillingness of the ex-wife.

Child support report for father

Is it possible to request a report on how alimony is spent? In the RF IC Art.

The same document, but in Article 61, states that both parents have equal rights and responsibilities in relation to the children, so the father may be interested in where the alimony was spent, but he has no right to demand a detailed, much less written, report. However, if the parents independently agreed on how and in what amount alimony will be paid, then sometimes a report can be requested.

But, before talking about the relationship of these documents with the obligation to account for alimony, it is necessary to dwell on the situation when child support is paid on the basis of an oral agreement.

If the parents agreed verbally In such a situation, it is quite difficult to demand a report on how the funds intended for the child were spent. If the ex-wife wants to provide this information, then only then will the father of the minor know how the money was spent.

If the wife refuses the request, then it will not be possible to obtain the information of interest. What way out of the situation can be found? For example, insist on concluding an alimony agreement.

Child support report for father. Very often, fathers paying child support have a fair question: “Is it possible to control...

How to request a report on child support from the mother (to know that the money was spent on the child 0; Should I give a report on child support in checks for purchases to the father.

Payments of alimony by the father who does not live with the child are directed towards providing for the minor and do not include them.

How to get a report from your ex-wife on child support. You won't achieve it. Can I demand an account for child support from my ex-wife? And how to do this? The law does not grant you such a right. Such actions are not regulated by law. If you think that your spouse spends alimony on her own needs and not on the needs of the child, contact the guardianship authorities and give your reasons. My husband has a son out of wedlock, he thinks. Paternity has not been established, but that is not the point. The child lives in a family where there are 3 more children, the mother died, the father of those three children, a grandmother, an uncle who is over 40 live in 28 square meters in a private house, the men drink, one bed.

Is it possible to request a report on how child support is spent from your ex-wife?

Here are presented and described the procedures for collecting alimony within and outside of marriage, the size of alimony obligations, the procedure for fulfilling the requirements of executive documents for the collection of alimony, the timing of enforcement actions, and the collection of alimony from parents located abroad.

How and where to submit documents to collect child support? We really hope that this information will not be useful to you, but unfortunately, our life is full of surprises that are impossible to foresee.

The Family Code of the Kyrgyz Republic provides for the participation of both parents in the maintenance of the child to the same extent.

And if it so happens that one of the parents does not fulfill his duties, then there is an option to sit down at the negotiating table and try to conclude an agreement on the procedure for paying child support.

If necessary, you can notarize a written agreement, which will include the amount paid monthly by one of the parties. It is difficult to find a compromise on this issue and, for some reason, it is not possible to reach an agreement. One of the parents does not consider it necessary to take responsibility and financially provide for their child.

The issue of collecting alimony in this case is decided in court. It was proposed to introduce control over the spending of alimony.

The main principles that guide the judicial system will be the following: - the obligation of parents and in equal shares to support children under the age of majority; — obligatory implementation of a court decision throughout the entire territory of the state; - the responsibilities of parents to properly provide for children do not depend on the birth of children within or outside of legal marriage; - the need to support children, both during marriage and in the event of its dissolution.

There are cases of forced collection of alimony to ensure the rights of children when the father and mother are still married.

Should a father pay child support for a paying student? In this situation, there is a need for careful preparation of arguments and evidence.

To submit documents for one of the parents, you need not one, but several witnesses who will confirm that he really evades child support.

A child born in a civil marriage who is not registered with the civil registry office, in accordance with the legislation of the Kyrgyz Republic, has the same guarantees for the protection of his property and non-property rights as children born in marriage.

Alimony guide for an accountant Magazine Home. Thus, alimony outside of marriage is assigned and collected, similar to the procedure for a marriage registered in the registry office, with only one difference regarding the mandatory procedure for recognizing paternity.

The most important thing on the topic: “how to oblige your ex-wife to account for alimony” with a group of professionals. Read the article carefully and if anything is not clear, you can always ask our duty lawyer a question.

If there is a suspicion that funds are being used for other purposes, the man may force the child's mother to provide proof of receipts or receipts for purchases made.

Most often it is used by citizens who have unofficial sources of income. Under the threat of termination of payments, the spouse may agree to introduce a clause establishing the obligation to provide information about expenses. How can I oblige my ex-wife to account for alimony withheld in court? First of all, the ex-husband must be asked to provide the report voluntarily.

Having received a verbal refusal, a letter of demand is sent. Complaint against the bankruptcy trustee for inaction? See here. Sample alimony payment agreement when recognized. The document is drawn up in writing and must contain a deadline for providing information.

How to oblige your ex-wife to account for alimony. For delivery, postal mail with acknowledgment of receipt is used. Is it possible to request a report on how alimony is spent?

In Kazakhstan, the amount of child support will grow along with the children. Let's look at an example. The law does not contain information about the possibility of requesting reporting for expenses made by the mother using funds transferred as alimony.

The father does not have the opportunity to demand an account through the court. The father is obliged to communicate with the minor and monitor his condition. If facts of violation of a child’s property rights are revealed, the man must protect his rights.

When meeting his son, the father evaluates his appearance. Concerns should arise: A trusting relationship between father and son will help establish the fact of unnecessary spending at the expense of the child’s income.

Particular attention should be paid if the minor regularly looks anxious when meeting with his father.

These criteria cannot be considered separately. The most common way to misuse alimony is to spend it on several children from different marriages. How to apply? The mother receives funds from the father of one child, and the other minors are solely supported by her.

The mother must provide for the child's needs in full. She decides where to spend the money transferred by the minor’s father. A woman can save the excess into a bank account.

This is not a misuse of alimony.

The ex-husband's suspicion of wasting material support for other purposes is relevant if the child's mother: A man wants to know where his ex-wife spends money in order to protect the property interests of her son.

Therefore, if facts of violation are revealed, the father must go to court. The General Prosecutor's Office of Kazakhstan proposed calculating alimony based not on the share of the father's salary, but on the age of the child.

The Prosecutor General's Office decided to adopt the experience of foreign colleagues and apply a similar methodology in Kazakhstan. Sample order The payer's statements cannot be unfounded.

He must have documentary evidence or testimony of witnesses who are ready to confirm the fact of the violation in court.

Many fathers decide to open a bank account in the name of the child to independently transfer child support payments. In this regard, funds stop flowing into the mother’s account. The father has the right to transfer any amounts to the children's accounts.

However, they are not taken into account by the bailiff service and are considered gifts. Refusal to deposit financial support payments into the account of the child's mother is perceived by bailiffs as evasion.

All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems. Ask a question using the form below, or via online chat. Call the hotline:.

Child support report for father: concept and features

The procedure for collecting alimony in court is regulated by the Civil Procedure Code, as well as the Federal Law of October 2. Procedure for monitoring the intended use of alimony The legislation does not directly provide for a woman’s obligation to report on how and where she spent the alimony received.

Therefore, it will be extremely difficult to force her to do this. Depending on the existing relationship between the former spouses, a report for child support can be submitted: by oral agreement between the parents; in accordance with the alimony agreement.

Oral agreement The mother of a child can provide her ex-husband with such a report on a voluntary basis, but it is almost impossible to force her to do this with an oral agreement.

Child support report

No report required. How will the costs for a child be calculated? Utilities, food, travel, clothing, classes, studies, treatment, medications. I support the answer of my colleague Sergei Zubkov, since the father’s interest in the targeted use of funds aimed at supporting the child is obvious.

At the same time, your father's appeal to court does not mean that you will lose alimony. Just a court due to disagreements between you regarding the legality of the report, its form, content, frequency, etc.

If this is literally decided, then you should be happy: you will report with a piece of paper with a few sentences: clothes - r. You can add.

How to get a report on how child support is spent?

Here are presented and described the procedures for collecting alimony within and outside of marriage, the size of alimony obligations, the procedure for fulfilling the requirements of executive documents for the collection of alimony, the timing of enforcement actions, and the collection of alimony from parents located abroad.

How and where to submit documents to collect child support? We really hope that this information will not be useful to you, but unfortunately, our life is full of surprises that are impossible to foresee.

The Family Code of the Kyrgyz Republic provides for the participation of both parents in the maintenance of the child to the same extent.

Payments of alimony by the father who does not live with the child are directed towards providing for the minor and do not include them. Is it possible to request a report on child support? How to get your wife to report? Options for solving the problem. Responsibility for inappropriate things. Hello. Alimony is money paid by the father of a child for his maintenance. I won't reveal a big secret, but they...

Often this money is not spent for its intended purpose, and those obliged to pay alimony try to demand a report on alimony. This is possible in exceptional cases.

Child support report

What to do if your ex-husband does not pay child support? The legislation does not provide for the provision of a report on the costs incurred by the recipient.

If the ex-wife does not spend alimony on the child, the father can find out about this only by independent actions - she is not obliged to provide him with any reports. To obtain confirmation of the intended use of funds, the father can contact the child’s mother with a corresponding request.

If a refusal follows, then it is quite difficult to oblige the ex-wife to account for alimony under the law. How to oblige your ex-wife to account for alimony?

How to oblige a mother to spend money intended for the child exclusively for children's needs? How to control the cost of alimony? Is it possible to force the mother to provide the father with a report on the expenditure of child support?

Advice for parents Child support in the year How to get child support from your ex-husband in the year and why elderly parents sue their children Sofya Ruchko Irina’s daughter could not walk until recently.

And now she’s already quite big—she graduated from 5th grade. All this time, her mother is desperately trying to get alimony from her ex-husband and is scolding him at all costs. What's the point: he has no money.

He is a dad, but essentially a schmuck! There are half the country like Irins who extort alimony from the fathers of their children.

If money is transferred personally under a notarial agreement, then the certificate is replaced by receipts signed personally by the recipient of the funds. When submitting such documents to government agencies, an agreement is submitted with duplicate documents attached. It is recommended to show the originals to officials to certify duplicates.

It is better for the payer to keep them for presentation to the court to confirm payments in the event of a dispute about the occurrence of debt or delays. The certificate has legal force.

In some cases, a certificate from the bailiffs about the withholding of alimony is required to reconcile the debt or close enforcement proceedings.

How to oblige your ex-wife to account for alimony?

In the event of a divorce, the responsibility for caring for the child falls on the shoulders of both former spouses. For a parent living separately (most often the father), this is expressed in regular deductions of child support. This money is the property of the minor, but the mother controls it.

She has the right to spend them only on the maintenance, development, and education of the child. However, neither liability for violation of this rule of law nor control over its compliance is provided: no one has the right, independently or by court, to force the recipient to give a report on alimony.

The exception is situations when this obligation is provided for by a notarial agreement between former spouses.

Payment of alimony and control

Voluntary payment of alimony is an oral agreement between parents that the person who left the family will financially support the child. Is it possible to request a report in this case?

Often the amounts that the father sends to his ex-wife are greater than the minimum amount of alimony established by the court. Therefore, the best way out would be to agree that the mother keeps checks and receipts for the purchase of children's things and food, payment for treatment, additional education, and accordingly gives a report on the expenditure of child support.

The court, obliging the father to pay alimony, does not require keeping a report on it, since it is not provided for by law. There is only one way to control the mother’s spending - to conclude a notarial agreement, including a clause on mandatory reporting (Articles 99–101 of the RF IC).

How can this be implemented in practice? The father sends money to a bank card, which the mother uses to pay (make money transfers to legal entities) for services in hospitals, schools, goods, and entertainment. Every month or less often she sends her ex-husband a report - an extract with a breakdown of expenses.

An agreement is a transaction between parties, the terms of which are binding. Otherwise, it plays the role of a writ of execution (Article 12 of Federal Law No. 229 of October 2, 2007).

That is, if the child’s mother violates the terms of the agreement, the bailiffs will have to think about how to force the ex-wife to keep the payments.

If there is no agreement, the mother most likely will not file child support reports. In this case, how can I oblige my ex-wife to spend her money correctly?

How to deal with misuse of alimony?

It is almost impossible to prove the misuse of funds for a child, but this will have to be done under Art. 56 of the Code of Civil Procedure of the Russian Federation, if the issue is referred to the court.

The only irrefutable confirmation will be an extract from the alimony account, which shows that the money was spent for other purposes (the mother went to the hairdresser and paid with a card, for example).

But it is impossible to hold the embezzler accountable even in this case: sanctions are not provided for by law.

However, Art. 60 of the RF IC, regarding property relations between children and parents, refers to Art. 37 Civil Code of the Russian Federation. That, in turn, states that the child has the right of ownership to things that are purchased with his income.

If it is proven that the mother bought, for example, a car with the accumulated alimony, a claim to protect her rights should be filed by the child after her 14th birthday or by the guardianship and trusteeship authorities based on the father’s complaint.

Unfortunately, judicial practice in such cases is negligible.

Changing the way you pay child support

According to paragraph 2 of Art. 60 of the RF IC, in court you can change the method of paying alimony - open a bank account in the name of a minor, where you can send up to 50% of the total amount monthly. The money is intended to be saved and grown until the child's 18th birthday. The mother has the right to use these funds only with the written permission of the guardianship authorities.

The father is required to file a claim with the court to change the method of payment of child support. The application must be motivated. Practice shows that courts primarily consider the interests of the child and take into account 2 grounds for satisfying the claim:

• the father's financial support and the mother's income are sufficient to transfer part of the funds to a savings account registered in the child's name. The ex-wife can challenge this decision. To do this, she must confirm that she spends every penny of the money for its intended purpose - that is, give a report on the use of alimony;
• There were facts of inappropriate spending of funds for the maintenance of a minor.

If the plaintiff (ex-husband) refers specifically to the second case, he must prove these facts. Indirect evidence can serve as:

• conclusion of guardianship and trusteeship authorities;
• credit and other obligations of the mother;
• information about her place of work and income.

This is not an easy matter: even for the guardianship authorities to proceed with the complaint, grounds are needed. They can be collected from official sources: according to the law (Article 66 of the RF IC), any parent has the right to request information about their child from educational institutions, hospitals, social security authorities, etc. Based on these data, one can draw conclusions about whether mother takes care of the baby.

An example is case No. 11-31/2014, which was first considered by the Surgut Magistrate’s Court.

The court allowed the father to pay 50% of the amount to the children's account, based on the fact that the amount of financial assistance to the ex-wife allowed him to save for his daughter's future.

The appeal then changed that decision because the mother provided child support statements that confirmed all the money was being spent as intended.

Child support report for father

Very often in specialized legal forums there are questions from fathers to family lawyers regarding the spending of alimony by the mother of the child.

How to oblige a mother to spend money intended for the child exclusively for children's needs? How to control the cost of alimony? Is it possible to force the mother to provide the father with a report on the expenditure of child support? This article answers all these questions.

Is it possible to request a report on how alimony is spent?

Question

I pay child support for my minor son. The size of the payments by today's standards is quite impressive. But the ex-wife regularly asks for additional money to buy certain things for the child.

I often visit my child, often take my son with me on weekends, but I rarely see new clothes and shoes, toys, books with him. It’s not clear to me where alimony and additional payments go.

The ex-wife answers all questions contemptuously and rudely.

Can I legally force my ex-wife to provide me with a financial report on alimony expenses? What legislation governs this? How is this done in practice?

Answer

If there is an irrational use of alimony payments for purchases that are not related to the needs of the child, the father can complain to the guardianship and trusteeship authority or to the court.

The court may decide to transfer half of the child support payments to a cash account opened in the name of the minor child, and only half will continue to go to the mother.

The legislation does not provide for any other control mechanism.

In extreme cases, the mother may be deprived of parental rights for improper performance of parental responsibilities.

Should the ex-wife pay for alimony?

According to Article 61 of the RF IC, the father and mother of the child have equal rights, therefore the father has the right to make inquiries about the expenditure of the alimony paid to him.

But can he demand that he be provided with a detailed report on the expenditure of alimony and other additional sums of money? No, the legislation does not provide him with such a right.

How to make your ex-wife account for alimony

First of all, it must be said that since the law does not provide for the mother’s obligation to submit a report to the father on the expenditure of alimony payments, therefore, there are no legal grounds to force her to do this.

However, if the father has real suspicions that the child’s rights are being violated due to the fact that the mother uses alimony funds not for the child’s needs, but for other purposes, he should collect evidence of this fact. They can be receipts and checks for expensive purchases, travel vouchers, tickets, and so on, as well as witness statements, conversation records and other evidence.

It is also advisable to send a letter to the mother asking her to provide a report on the expenditure of child support. Most likely, the mother will not answer or will refuse - this does not matter, since, as mentioned above, she is not required to submit such a report.

If there is convincing evidence that child support is being spent not on the child’s needs, but on extraneous needs, the child’s father can file a lawsuit to transfer half of the child support to a bank account that is opened in the child’s name.

In this case, the mother will have only half of the alimony, the second half will be kept in an account and used with the permission of the guardianship and trusteeship authority exclusively for the children's needs.

All prepared evidence must be attached to the statement of claim; in addition, it can be stated in the claim that the mother refused to provide the father with information about meeting the child’s needs and spending alimony. It is advisable to open a bank account before going to court, and the account details must be indicated in the statement of claim.

Note! Requirements to transfer half of the alimony to the personal bank account of a minor child must be justified! The burden of proof of unreasonable waste of alimony funds lies with the plaintiff. The court has the right, but not the obligation, to satisfy the claims.