Maintenance from a member of the military under contract, how to apply for maintenance for a member of the armed forces

Contents:

Recovery mechanism

The recovery of maintenance from a member of the armed forces is lawful and appropriate if there are minor children who live separately from their parent, also in a situation where the military fails to fulfil its obligations to provide for its children while in marriage (article 80 of the Family Code).

Funds are withheld every month when salaries and other income are collected and earned, on the basis of a voluntary agreement by parents in writing (it becomes legally binding upon the notary ' s certification) or an executive record (if payments have to be made through a court).

Support for a soldier's child can be obtained in one of three ways:

• Transfer to a specified bank account;
• The receipt of maintenance in cash;
• Sending to the recipient by post.

The option of receiving is the parent living with the child himself. He also applies to the accounts of the respective military unit. But it must be borne in mind that any military unit is a secure facility to which civilian access is restricted and therefore cashing in the cash register may cause difficulties.

The application must contain an indication of the option of obtaining the money that is most appropriate for you, the name of the bank and its details, and the account or plastic card to which the funds will be transferred.

All additional care and costs related to payment transfer services are borne by the payer.

It's important.

If, for any reason, the recipient ' s claim or residence is not known to the payer, the accountant must in any event retain the funds; in such circumstances, after notification of the perpetrator, the entire amount will be credited to the Court ' s deposit account, which is located at the location of the military unit.

Determination of the amount of retained funds

The Family Code of the Russian Federation does not set a specific amount for payments, which is calculated on the basis of the payer ' s income.

Maintenances with IP: How is the amount of payments calculated and recovered?

The amount of retention on a soldier ' s income shall be calculated in the same way as for a civilian, namely:

• If the child is one, one quarter of the child is singled out.All income;
• If the child is entitled to a third of the corresponding cash income;
• Three or more children - maintenance amounts to between 50 per cent and 70 per cent (in some cases).

• Such rules are defined in article 81 of the Russian Federation.
• The amount of the funds withheld is increased or reduced by a court decision that takes into account the change in the marital status of one of the parties, the material situation and many other circumstances.
• It's useful to know how much I.P. maintenance is paid, and how to recover money for a child?

Compensating income for maintenance payments

Maintenances are retained from all types of income that are systematically accrued, including:

• Amount of salary to be paid according to rank;
• Long-term pension;
• Salary allowances;
• The allowance if it is made systematically in material form;
• Monthly allowances and other forms of payment that are payable to the military upon separation from service (e.g. maintenance is withheld from termination indemnity upon separation from service);
• Remote duty charge;
• Additional payments (e.g. compensation for food rations, which are of a permanent nature).

Maintenance of a member of the military under contract shall be held in accordance with the same principles as fixed-term service personnel.

It's important.

The term "military" refers not only to Russian military officers and soldiers, but also to other public services such as FSB, customs and police.

Each military member has individual accruals and payments, which are based on his or her own record, and it will not be possible immediately to obtain full access to information of this nature; a formal request must be made.

The reason for this is the confidentiality of personal data (irrespective of the rank of employee).

Support from military pension

The leadership of the military unit is required to inform the judicial officers of the dismissal of a member of the armed forces whose income has been withdrawn, of his new place of work and of a change of residence.

Dismissal of a maintenance worker: procedure rather than complexity

One of the advantages of military service is to be able to retire at an early age, since the period of study in military institutions and similar institutions also includes the period of service, a member of the armed forces may be considered as a pensioner at the age of 30 or 40.

In addition, preferential seniority is also taken into account in the calculation of years of service.

• The period of hostilities;
• Time of service related to nuclear weapons;
• Management of a variety of emergencies;
• Highlands;
• Parachute jumps and pilots.

Pension benefits are payable in the event of the loss of the breadwinner, on reaching the age that gives entitlement to a retirement pension and on the grounds of disability.

Maintenance from a soldier ' s pension is also subject to general rules, and maintenance is not deducted only from the survivor ' s benefit.

In the event that a person performing military service ceases to pay after retirement, the Executive Service document (if available) may be submitted to the Pension Fund on his/her own.

The property of the military may be confiscated against the debt.

In order to deal with the problem more quickly, it is important to be guided by the organization that pays a pension to a man who has dedicated his life to military activities.

The Pension Fund of the Russian Federation calculates and transfers child support payments (in the case of a pension), but the reasons are needed for carrying out the relevant operations of the Russian Federation ' s PF, in which case they make a statement to the PF, which pays a pension to a particular member of the armed forces.

Reasons for discontinuation of further payments

Maintenance from a member of the armed forces ceases to be held, depending on the principle on which they were removed (by voluntary consent or through a court of law).

If the accruals were based on a court decision, the grounds for the cancellation of maintenance obligations may be:

• Adoption of a minor by another person;
• The next marriage of the person in charge of the money;
• In the event that the funds are intended for the disabled person, his or her recovery shall be cancelled;
• 18 years of age or a child ' s earlier recognition of legal capacity;
• The representative of one of the parties died.

If the payment of maintenance was based on mutual consent, the payment shall cease:

• After the child has reached a certain period of time (for example, he/she has graduated from school);
• If the agreement has ceased to be in force (the period of validity has expired);
• If a child or a member of the armed forces dies.

A separate issue is when a person becomes incompetent or has a disability and is therefore no longer able to pay alimony, and such cases are considered by the court.

If this is the disability of the first or second group (not every group of persons with disabilities may be the reason for the termination of obligations), the court has the right to cease to retain or reduce alimony from a member of the armed forces.

Let's say a decrease in maintenance at the birth of a second child.

Maintenance from the military under contract

The reasons for the cessation of further payments are the mechanism for the recovery of maintenance payments from a member of the armed forces is lawful and appropriate if there are minor children who live separately from their parent, also in a situation where the military fails to fulfil its obligations to provide for their children while in marriage, article 80 of the Family Code of the Russian Federation. Funds are withheld every month on the basis of the payment and receipt of salaries and other income. This is based on the voluntary agreement of the parents in writing, it becomes legally binding upon the notary or the corresponding executive list if payments have to be made through the court. Support for the child of a member of the armed forces can be obtained in one of three ways: the option of receiving the child is chosen by the parent living with the child himself.

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Contents:

• Support from military pension, how to recover money from a military pensioner for maintenance of children
• Maintenance from military personnel: from which payments are withheld and from which payments are not made
• Maintenance for a child from a member of the armed forces
• Maintenance from military personnel: details of the calculation
• Maintenances from a member of the armed forces
• Maintenance of minor children from the military

Support from military pension, how to recover money from a military pensioner for maintenance of children

You're here: The only difference is the number of charges and payments that make up the military's income, and it's possible to collect alimony from a soldier if the parent doesn't want to pay the child's debt.

It does not matter whether a person is married or a relationship has already been dissolved; according to the UK, parents are equally obliged to support their children; and divorce is not the reason for the termination of the obligation towards the child.

The amount of money withheld from the military is determined by the Family Law to be equal to the amount of maintenance paid to a member of the armed forces and to a civilian: the police, the FSB, the customs service; each military member has his or her own fees and supplements, which are compiled according to his or her record.

Note at the outset that the only way to obtain full access to any military income data is through a formal request, which is due to the secrecy of personal data, without regard to the rank of employee.

The Russian Government ' s decision announced a list of the estimated income from which maintenance will be compulsory: for officers and soldiers of the Russian army, income is generated from: questions on accruals are constantly raised by the military.

This is often linked to the food that all soldiers receive every month, and according to the law, the allowance must be issued in kind.

It is not prohibited, however, to issue monetary compensation, but if a person receives compensation for food every month, it is his/her income; the procedure for the recovery of maintenance requires that he/she have an executive record provided by a court order.

You need to specify where the recipient will be giving alimony. This may be a cash register or a simple transfer, if you want, but given the secrecy of some units, it's better to receive the mail transfer. It's simply because the terror of some military units is closed to civilians, so it may not be possible to go to the cashier's office.

The exemption from maintenance depends on the payment of alimony by the courts or by agreement.

If on trial, the reasons for the termination of maintenance obligations may be: the death of one of the parties; the child ' s attainment of 18 years of age or recognition of his or her legal capacity; if the child ' s maintenance is given to a person unable to work, it shall cease upon recovery; if the dependent has entered into the next marriage; the minor child has been adopted by another person.

If the payment of maintenance is agreed by the parties, the termination may occur: upon the child ' s reaching a specified date, e.g., the child has completed school; the agreement itself has expired, e.g., the period of the document has passed; the death of either the soldier or the child.

The court deals separately with options where a person is unable to pay alimony on the grounds of disability or disability, and not any group of persons with disabilities can result in the termination of obligations; this is usually the case for groups such as 1 and 2.

In this case, the court has the right to reduce alimony or simply exempt from payment.

Maintenance from military personnel: from which payments are withheld and from which payments are not made

Monetary compensation to soldiers for their accommodation — P. To date, NPFL and military fees can be classified as taxes.

Although these instruments refer only to taxes, they should refer to all types of mandatory fees, contributions and payments that are paid to the budget.

This position is also confirmed in the letter from the GFA

Maintenances are withheld from night service and on holiday and while on mission, and are also withheld from sick leave; maintenance is also paid from a lump sum when a member of the armed forces is dismissed; are maintenance withheld from a soldier ' s pension?

Maintenance for a child from a member of the armed forces

With regard to the question of retention of maintenance, the list of income from which maintenance may be withheld is set out in the Decision of the Government of the Russian Federation of 18 July N. In accordance with paragraph 1, this issue needs to be clarified in more detail in the books, since it is the accounting department that will determine the nature of the payments made.

Maintenance from military personnel: details of the calculation

You're here: the only difference is the number of charges and payments that make up the military's income, and it's possible to collect alimony from a soldier if the parent doesn't want to pay the child's debt, and it doesn't matter if the person is married or the relationship has already been terminated.

Regardless of the profession and field of activity, parents are responsible for keeping children up to the age of majority.

It is not uncommon for a soldier to keep under-age children under maintenance from a member of the armed forces and, in most cases, to keep under-age children under the care of a member of the armed forces. In this article, we shall endeavour to give full consideration to the procedure for such retention, taking into account the legislation in force.

Maintenances from a member of the armed forces

On the day of his dismissal, he was 18 years old, one month and 12 days old.

This document defines the manner in which payments are made, the manner in which they are withheld, the manner in which they are enforced, and it is important to have an idea of what the military ' s income is subject to the payment of alimony.

A separate list of income from which debts, including alimony, cannot be withheld, is included in article. When a case comes to recovery of property against debt, an amendment to article 1 is required.

The recovery of maintenance from a member of the armed forces follows a standard procedure, as is the case where maintenance from a member of the armed forces is retained under contract.

Maintenance of minor children from the military

He retired, informed the bailiffs that the pensioner was on the mop line, and now the debt of rubles, whether or not the actions of sleep are legal, no, they're not legal.

Maintenance from the military, a forum for the military, a forum if the contract has been interrupted.

In Ukraine, legislation on the recovery of child support will be amended in the near future; the draft law has yet to be signed by the President; the amendments provide that the interests of the child will be put first during the divorce of the parents.

In the Northern District Court of Justice of Orla, Orel, Michinin Street, D.

• For persons who have been dismissed from service: In addition, all types of employees are withheld from the funds received for remote service and food rations.
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How are maintenance paid to a soldier under contract in 2017

Members of the armed forces who have minor children living or not living with them perform the same parental duties as ordinary citizens.

The child ' s right to material support from parents or guardians is maintained until they reach the age of 18, with the rare exception of the payment of alimony for adult children.

Today we will learn how and on what grounds the maintenance of a member of the armed forces under a child contract under the Family Code of the Russian Federation is paid.

Not only soldiers and officers of the Russian army, but also members of other State services: the police, FSB and customs officers, all of whom have different types of charges and supplements, which change as they serve, and the income of a member of the armed forces who is under obligation is available only upon official request, as they are protected by the system for the protection of the personal data of military personnel of the Russian Federation.

How do maintenance be charged from a soldier?

As we mentioned at the beginning of the article, alimony from a member of the armed forces is virtually the same as maintenance, as basic payments are made on a monthly basis, in accordance with an executive document or a maintenance agreement.

A voluntary maintenance agreement is entered into by spouses (former or present) with common minor children, provided that all the paragraphs of the agreement are in accordance with the Family Code, the notary will confirm the agreement and it will then enter into force.

A maintenance agreement is tantamount to an execution sheet or a court order for the recovery of maintenance.

1. Voluntary consent to child support:

If there is a maintenance agreement, the military itself makes an application to the accountant to deduct from its income the share assigned by the text of the document; most often, one quarter of the salary (25 per cent), two thirds (33 per cent), and three or more children half (50 per cent) of the income.

1. War-parents don't agree to pay alimony:

In this case, the claimant parent, whose dependent child is the minor, together with the defendant, must file a claim for maintenance with the Magistrate ' s Court at the place of residence; upon the decision of the court, the claimant shall be given an executive record on which maintenance will be withheld from the soldier.

What are the sources from which alimony is charged from a member of the armed forces?

A list of the income of the main categories of citizens of the Russian Federation from whom maintenance can be withheld is available at this address.

Military income differs from the main categories of citizens and their children receive payments withheld from the following payments:

1. Satisfactory (military maintenance);
2. Old-age pension;
3. Basic monthly salary;
4. Accruals for remote service;
5. Salary allowances for promotions, specializations, etc.;
6. Benefits;
7. Dismissal payments from military service.
8. Reimbursable food rations.

All these types of income are constant and stable, and the State therefore allows them to recover maintenance for minor children.

Maintenance from military personnel: amount of payments

A soldier ' s support for a child is assigned in proportion, which can be increased to a maximum of 70 per cent of the level and reduced to an amount that does not violate the child ' s rights; such matters are decided by the justice of the peace, which issued the original order for the recovery of maintenance.

The court relies on the same factors as in the case of ordinary citizens to determine the monthly amount of maintenance, namely:

1. Material status of both parents;
2. Composition of the parties ' families;
3. Personal and medical circumstances;
4. Other reasons.

If a soldier who already paid alimony gave birth to a child from a second or third marriage, the amount of maintenance for the first child could be reduced by a court decision.

Under the Family Code, children from different marriages must receive maintenance of at least 16.5% of the income of a military contract employee, which is possible only in exceptional cases, and in order to clarify the reduction of maintenance, please contact the free legal advice available on our website.

Article 24 of the FL of 28 March 1998 No. 53 "On military duty and military service" provides that men between the ages of 18 and 27, who are subject to compulsory recruitment for urgent service, may be granted respite, as follows:

• The existence of two children;
• Care for the spouse (when the pregnancy is longer than 26 weeks) and one child.

A review of this privilege is planned in 2023 and, in particular, it is established that men who refuse to pay maintenance for their child and pregnant spouse and do not participate in the upbringing of their babies will be deprived of the right to be suspended from service.

How to get maintenance from a soldier: filling out the application

Since military units are considered to be secure facilities, the issue of self-sustainment in the cash register is a legitimate one, and we therefore recommend that the maintenance payer request authorization in advance from the head of the military unit.

Prior to the transfer of maintenance through the military cashier ' s office, the payer is required to request permission from the military management to do so; it is likely that the payer will be required to write a report every month on the possibility for the claimant to enter the unit and receive maintenance on his own.

• The Family Code allows for three types of transfer of maintenance withheld from a soldier ' s pension, salary or other income under a contract:
• In order to choose the procedure for the transfer of funds, the accounting department of the military unit will request a statement from the recipient indicating the desired method of obtaining maintenance, accompanied by an executive note or a copy of the maintenance agreement.
• You will be provided directly by the Chief Accountant of the military unit with a model statement of how to obtain the money.
• In the application, the recipient must specify the following information:

1. Personal and contact information;
2. Requisitions of the executive document;
3. Procedure for retention and maintenance:
   1. Self-reciprocal receipt;
   2. Carding — bank details, bank name, card number or account number;
   3. Translation via Russian mail is the mail address to the recipient, including the index.

1. If additional costs arise for the transfer of funds, they are paid by the payer.
2. If a member of the armed forces agrees to pay alimony voluntarily, without the involvement of the executive, he may write a report on the retention of maintenance and its transfer to the second parent.
3. Make sure that the books indicate the payment: "A maintenance allowance for the daughter/son".

If the payer failed to provide contact and bank details, the accounting department continues to retain alimony from the soldier ' s salary, in which case it transfers money to the court account at the military unit ' s location.

When does a soldier's alimony stop?

The grounds for ending child support payments for under-age children of parents ' soldiers are as follows:

• The child ' s attainment of the age of 18;
• Emancipation of the child with full legal capacity and personal income;
• To enter into a legal marriage after the age of 16;
• Death of the payer or his child;
• Expiration of the validity of the maintenance agreement;
• Transfer of parental rights to the stepmother or stepfather (voluntary abandonment of paternity);
• Withdrawal of maintenance obligations by a justice of the peace;
• Loss of military capacity or capacity to work.

How does a soldier's retirement benefit pay alimony?

Under the Family Code, maintenance obligations may not be withdrawn from a former soldier who has retired after service, and maintenance is withheld from a military pension in the same way as ordinary citizens ' income.

The military management of the contributor ' s office provides information on his retirement on seniority or transfer to a new duty station within a few working days to the executive branch (the bailiff ' s office), followed by a slight change in the procedure for the recovery of maintenance from a member of the armed forces.

A former member of the armed forces is entitled to an early military pension at the age of 30 to 40 years in the Russian Federation.

1. Training in military institutions;
2. Participation in hostilities;
3. Management of natural disasters and emergencies;
4. Service in nuclear weapons units;
5. Participation in air operations (piloting, parachute jumping, etc.);
6. High school service.

A military pension may also be granted on the grounds of disability or loss of a breadwinner; maintenance may not be withheld from a survivor ' s pension.

The calculation, indexation and recovery of maintenance from the military pension are carried out by the Pension Fund of the Russian Federation. In order to initiate RPF action to retain maintenance, one of the parents must apply for payment.

If payments are terminated upon retirement of a member of the armed forces, the person liable has the right to apply for assistance upon recovery from the Federal Service of the Court Guards, and the bailiff will send an executive note to the territorial division of the RPF for compulsory retention of maintenance, and the application form may also be delivered directly by the recipient himself.

Legal assistance

As we have learned, members of the armed forces perform the same parental duties as ordinary citizens and bear the same legal responsibility for non-payment of alimony.

This is why the law provides for the possibility of compulsory recovery of maintenance from military salaries, pensions and other sources of income.

If you doubt the accuracy of the transfer or the calculation of the maintenance, or if you have any questions on the subject, contact the lawyers, and our legal advice is available free of charge and without restrictions.

Support from military pension, how to recover money from a military pensioner for maintenance of children

Persons with different social and material status, including people in pursuits, had the obligation to maintain their own children, and they had several sources of financial support, and many recipients therefore wondered whether alimony was withheld from the military pension.

In some respects, military service laws have rules that are not clear to a common-law official, as well as the types of cash payments from which alimony can be obtained, and we will elaborate on everything in this article.

It should be borne in mind that a soldier ' s pension may be granted at the relatively young age of 40, when a person is still working, and the question of whether to receive maintenance from a military pensioner is relevant, and what should be borne in mind?

Payment of maintenance by members of the armed forces: legislation

The legal basis for the transfer of maintenance not only in favour of the child, but also of other close relatives is established by the Russian Family Code, which defines the forms of payment, the procedure for retention and the enforcement of such payments.

It is important to have an idea of what kind of military income falls under the payment of maintenance, in accordance with Government Decision No. 841 of 18 July 1996.

Paragraph 3 states that the object of the retention is the salary, allowance and other permanent payments to be made to military personnel.

A separate list of income from which debts (including alimony) cannot be withheld is provided in article 101 of the FZ "On execution proceedings".

When it comes to applying for the payment of debts, an amendment is required for article 446 of the Code of Criminal Procedure of the Russian Federation.

The recovery of maintenance from a member of the armed forces takes place in accordance with the standard procedure and, in the case of salaries and other payments, the executive record (judgment order) is transferred to the accounts of the military unit behind which the debtor is assigned, as is the case where maintenance from a member of the armed forces is kept under contract.

With regard to pensions, article 98 of the Act on Executive Proceedings states that the obligation to make contributions rests with the organization(s) paying the debtor ' s income; consequently, the retention will be made by the body of the Pension Fund serviced by the military.

It must be understood that this is a matter of funds that are the subject of enforcement proceedings and that, if they are not allowed to pay maintenance under a government order, the debt is recovered from other sources.

Can child support benefit from a soldier ' s pension

Ex-wives wondered whether alimony was withheld from the military pension; it must be assumed that there were several types of payments made to the military; the standard pension was subject to maintenance; its amount was irrelevant.

In certain situations, a citizen may claim additional survivors' benefits (provided that the military was dependent) and such money is not taken into account in the retention of maintenance (art. 101, para. 10, of the Act on Execution Proceedings).

Members of the armed forces may be injured in connection with their participation in hostilities; they are entitled to State assistance under the law; nor is it the basis for the retention of maintenance by bailiffs; but this does not mean that the debt will not be claimed from other sources.

A military officer in service may sell surplus property (urban property, motor vehicles, plot) and when the transaction is one-time, it does not belong to the income; accordingly, maintenance is not subject to recovery.

From how much maintenance is paid

The legislation indicates that alimony is withheld from most periodic payments made to a member of the armed forces, including salaries (including contract remuneration), allowances for titles, and other types of pay.

Pensions paid on the basis of age and in connection with the performance of military duties by a citizen are also part of the income that is not exempt from maintenance and are paid on general grounds.

If a military pensioner has retired and started a business, alimony is paid with business income, which is defined as the difference between the income and the cost of running a business.

Military pensioner employed

Maintenances are withheld from both pay-related payments and pensions received, but not all the funds provided by the military unit are subject to payment, such as the money allocated for official travel.

In the case of a military pensioner who works, maintenance is held in two places; at the place of work (service), the accountant is responsible for the transfer; in respect of the pension, the payment is subject to the authority of the Pension Fund.

When the child ' s maintenance is paid from both the salary and pension, the total amount may worsen the payer ' s financial position; he may therefore initiate a reduction in maintenance.

Methods of obtaining maintenance from military retirees

There are several options for legalizing maintenance obligations: the specific way to solve the problem depends on the relationship between people and the distance between them.

It is also important for many to be prepared to defend their own rights in a court of law, depending on which way to proceed.

Consider two main ways of receiving payments from military retirees, each with its own advantages and disadvantages.

An agreement with a notary on alimony.

The possibility of signing it is provided for in Chapter 16 of the Family Code; arrangements for the maintenance of the child between the parents are always made by the notary; otherwise, the transaction is null and void.

When a contract is ignored, it is immediately possible to seek bailiffs ' assistance; no interim court decision, no execution sheet is required.

One of the shortcomings of the agreement is that it will also have to be adjusted by the notary, which will result in additional costs for the child ' s parents.

By decision of the court

If the payments could not be agreed voluntarily, the only option would be to appeal to a justice of the peace on the territory of the defendant ' s residence or at the address of the claimant ' s registration; depending on the form in which the alimony was to be received in the future, an action or application for a court order would be filed.

The claim must be made when the alimony is scheduled to be recovered at a predetermined rate, and the court of the peace will still consider the case.

The court order is issued on the basis of a percentage of the income, and at the same time it will replace the executive list in the future.

The State for maintenance is 300 rubles, but it is not necessary to bring it before a court, and the Tax Code sets out the benefits for applying to a court in such a category of cases.

To what extent do they receive

The amount of contributions depends on many factors, including the number of children in need of maintenance, the composition and the amount of income of a member of the armed forces.

If there is a maintenance contract, the amount stipulated therein shall take precedence over the family law, as long as the child ' s condition is not known to deteriorate.

The court may also take into account the material situation and state of health by awarding alimony, the latter being particularly relevant for persons injured or injured in hostilities.

Percentage

In this option, alimony is recovered when there is specific information on the amount of the soldier ' s pension; the contribution threshold is no different from other categories of payers.

A quarter of the income is retained for one child; when two children are in need of maintenance, the maximum retention threshold is 1/3.

For families with many children, the limit is set at half the income; all figures are necessarily reflected in the court order.

In fixed amount

To date, the legislature has not prescribed in the Family Code a minimum and maximum amount of maintenance, but only a reference to the value of the subsistence minimum; for every region of the Russian Federation, it may differ according to demographic conditions, climatic conditions and price levels.

In the claim for maintenance, the desired monthly amount is written together with its ratio to the subsistence minimum and is indexed when it is increased.

The plaintiff himself is free to determine the amount required for the child, but the final word will still be in court.

Example of calculation of recovered funds

The military may receive a pension of 50,000 rubles and have no other means of subsistence, and if there is only one child on board, 12,000 and a half rubles will be paid for maintenance.

This money will be transferred to the Pension Fund body on the basis of a court order; with more children, the amount will increase accordingly.

In the case of hard maintenance, there are no special problems. All retentions are documented.

Change in maintenance

This is acceptable in a situation where payments are fixed, and the law allows them to be reviewed by a court of law on both a large and a lesser side, and the plaintiff is therefore both the payer and the recipient of the funds.

An increase in maintenance may be caused by a deterioration in the material condition of the person on whom the child is supported, as well as by a change in the amount allowed when a member of the armed forces conceals his or her actual financial condition.

In turn, the reduction in payments is possible due to the deterioration of the debtor ' s health and the change in his or her family status.

In which cases payments are terminated

There are several situations in which a person ' s obligation to pay alimony ceases.

Here.Most common causes of termination of legal relations:

• The death of a child or a maintenance payer;
• Adoption of a son (daughters) by a third person;
• Attainment of the child ' s majority.

The list of maintenance also ends when the children have full legal capacity before the official age, following marriage or legal emancipation.

In order to relieve himself of the maintenance obligation, the payer may file a lawsuit with the court and the decision is handed over to the bailiffs, on the basis of which they will close the execution proceedings.

If the money was paid under a contract certified by a notary, the obligation shall be terminated upon expiry of the period of validity, which shall also apply to the death of one of the parties to the agreement.

Possible liability for non-payment of maintenance

A member of the armed forces has the same obligations under current law to pay in favour of a child as other citizens; accordingly, the responsibility for ignoring payments is the same.

Provided that alimony is not paid intentionally within two months or more from the date of commencement of the execution proceedings, the risk of administrative punishment increases.

The penalties for the debtor are set out in article 5.35.1, paragraph 1, of the Code of Criminal Procedure; in the absence of results on the measures taken, criminal liability is incurred in accordance with article 157 of the Criminal Code of the Russian Federation.

Finally, when the debtor falls into the category of auto amateurs, bailiffs have the right to limit their control of the machine, which requires that the accumulated amount of maintenance debts exceed 10,000 roubles.

In particular, it is the duty of bailiffs to initiate administrative proceedings or criminal proceedings against a citizen in respect of alimony payments, and the recipient of the funds must therefore apply to them.

Recommendations of the former military spouse on the recovery of maintenance

Many women face difficulties in obtaining money for a child after a marriage with a member of the armed forces; although the legislation is relatively clear on how to proceed, in practice it is not easy.

The following are some of the tips that are intended to assist in obtaining maintenance.

List of main recommendations:

1. It would be useful to find on the Internet, before filing a claim, jurisprudence on the recovery of hard support from military personnel in a particular region, thus making it easier to formulate objective claims.
2. Before going to court, it is advisable to collect as many documents as possible that justify the maintenance requirements; provided that the payments are the sole source of income for the recipient, a certificate must be obtained from the social protection agency or the employment centre.
3. Since alimony is of a periodic nature, the claimant may send an executive note to the member of the Pension Fund making payments to the member of the armed forces, and a statement is attached to the document.
4. When alimony is not paid by the current military, the military unit can be notified of it, and practice shows that disciplinary action is possible.
5. It is important to communicate with the bailiffs at all times and to monitor them as far as possible; active action on the part of the recipient of maintenance can accelerate the desired outcome.

For many parents raising a child on their own, alimony from a former spouse is the only source of livelihood, and it is therefore important that payments be made promptly and that the information provided in this material be of assistance.

Oleg Roslyak, source yurist-spb24.ru

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