How to apply for child support yourself

A parent who leaves the family is not always ready to take responsibility for supporting his own child. In this regard, quite often a person raising a minor has to go to court to collect alimony.

However, in some cases, a parent living separately from the child himself takes the initiative to transfer money. It is worth finding out whether the father can apply for child support on his own.

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

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Is this possible?

If there is no agreement between citizens regarding alimony transfers, the case is considered in court. In this case, the person who must pay the funds acts as the defendant, and the recipient parent acts as the plaintiff. The amount of alimony and the form of its transfer are determined by a representative of the judiciary.

Reference! A citizen who wants to pay child support to his child cannot file a lawsuit against himself.

If desired, the paying parent can independently transfer a certain amount of funds to the child’s account every month. But in this case, it is necessary to require a receipt from the recipient every time funds are transferred. It would be more advisable to contact the accounting department at your place of work or draw up a voluntary agreement.

Ways to transfer money at your own request

• It is not recommended to simply give money to your ex-spouse, since the payer will not have evidence that the funds were actually transferred.
• If the payee files a lawsuit, the payor could be forced to pay back the past three years, even if he actually did.
• Read more about the statute of limitations for alimony debt here.
• Although the answer to the question: can a man apply for alimony on his own is negative, the payer can use one of the following methods.

Deductions from salary

Draw up an application to the accounting department at your place of work , with a request to transfer a certain amount of money from your salary to the provided bank account every month. The application must indicate exactly what amounts need to be transferred, specify the exact details of the recipient’s account, and indicate the purpose of the payments.

For this method to work, the recipient must have a bank account. If there is none, it should be opened.

1. The advantage of the method is the ability to obtain a transfer certificate at any time, which will attest to the fact of transfer of funds.
2. However, if the other parent does not want to receive the money, the transaction will not be possible (however, you can open an account in the child's name).
3. In addition, without a voluntary agreement or executive document, accounting staff may refuse the payer to fulfill his request.

Agreement

• Conclude a voluntary agreement with the recipient parent, which stipulates all the nuances of future transfers.
• A notarized copy of such an agreement has legal force.
• The company's accountant will not be able to refuse the employee's application if a sample of this document is attached to it.
• If a citizen is unemployed or has an additional unregistered source of income, he can independently transfer funds to the recipient’s account (although it is better to open a bank account in the child’s name and transfer funds to him).

It is important to keep all receipts and receipts. If the other party files a lawsuit, they will be evidence of the defendant's actions.

Voluntary agreement

If a parent who lives separately from the child wants to pay child support himself, he can initiate a voluntary agreement. However, to sign it, consent to this action is required from the other parent. If it exists, citizens can independently draw up this document.

It must contain the following information:

1. How much funds will be transferred? In this case, the spouses are free to independently determine the amount of transfers, but they must adhere to the current legislation. If, for example, less than twenty-five percent of the salary is transferred to one child under the agreement, the notary will not certify the agreement.
2. How exactly will the funds be paid? In this case, you can use postal services or bank transfers. In addition, the recipient can independently withdraw funds from the company’s cash register.
3. Payment terms. It is necessary to indicate how often alimony will be paid.

Attention! The agreement must be notarized.

Once all the details have been clarified, you should contact a notary. He will certify the document, thereby confirming that it was actually signed by the persons concerned.

How will funds be transferred?

Former spouses choose the method of transferring funds independently. The same applies to the frequency of payments.

A common practice is to transfer funds monthly. If this method was specified in the agreement, then the money will be transferred to the recipient within three days from the moment the wages are issued at the enterprise.

However, citizens can determine a different order of transfer. So, it is acceptable to transfer funds every quarter or every six, twelve months.

Conclusion

Thus, a parent living separately from his child can himself initiate the transfer of child support. How can a father apply for child support for himself? In this case, it is impossible to initiate legal proceedings.

The payer must either contact the accounting department or sign a voluntary agreement with the recipient on the basis of which funds will be transferred.

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How to apply for child support for yourself

A common situation is when, during the divorce of a couple, the mother has to go to court to recover funds for the maintenance of a minor child. Women are forced to resort to such measures due to the fact that the second parent refuses to take on such responsibility voluntarily.

However, in legal practice, cases that are opposite in nature are also known, when the father of minor children himself wants to pay money for their maintenance and shows the corresponding initiative, and the mother refuses to accept such transfers of funds. What to do in this case, and is it possible to apply for alimony for yourself?

How to pay alimony if the other party does not want to accept funds?

The obligation of parents to provide for their children is enshrined in family law. If one of the partners during the divorce process prevents the fulfillment of such an obligation, then there are three ways to proceed:

1. Open a deposit in any bank in your name, reserving the right to demand the transfer of funds to the child after he reaches a certain age (usually 18 years). Thus, if in the future the mother files a claim for payment, the father will be able to have full solvency. Otherwise, the collected amount can be transferred to the child’s current account at his own request, and he has the right to use the money that will be in the account upon reaching a certain age.
2. Conclude a notarial agreement. If there is a trusting relationship between the spouses, then you can independently establish the payment procedure and formalize the agreement. This will avoid exhausting litigation. The document must be registered by a notary. It should be borne in mind that this option is only possible if both parties have reached full agreement.
3. File a claim in court. To transfer funds to the recipient's account, you need to know the payment details, which are hidden under the terms of bank secrecy - such information belongs to the category of personal data. Access can be obtained through bailiffs - they will issue a writ of execution. The applicant is also required to provide proof of paternity.

When considering a case in court, the recipient is the plaintiff, and the defendant is the one who must pay the funds. From this point of view, the answer to the question “can a father file for child support on his own behalf?” will be negative.

Transfer money at your own request

Lawyers do not recommend simply transferring money into the hands of the ex-wife, even if the couple is on friendly terms, because this way the payer will not have evidence of transfer of payments.

If the recipient decides to file a lawsuit to recover funds, the court may order alimony to be paid for the past 3 years.

In order to be able to prove the fact of transferring money, you should formalize the process according to a certain algorithm.

Making deductions from wages

The former spouse must draw up a corresponding application using the sample to the accounting department at the place of work, in which he will express a request for a monthly transfer of funds. In addition, the document should indicate the following information:

• Amount and purpose of payment.
• Recipient's account details.
• Time frame when funds must be transferred.

The advantage of drawing up such an application is the opportunity to obtain a certificate of completed transfers, which will act as evidence of deductions for alimony. If the other parent refuses to accept the funds, an account should be opened in the child's name. Accounting staff do not have the right to refuse if a notarized agreement is attached to the application.

In the case where the alimony provider is a private entrepreneur, money transfers to the child’s account should be made independently. It is important to keep all receipts and checks, which will serve as evidence of transactions if the other party sues.

Conclusion of a voluntary agreement between the parties

When the former spouses have a general understanding of how the child should be provided for and raised, they can sign an agreement on the procedure for paying child support. For a document to have legal force, it must be executed through a notary. The standard form contains the following data:

1. Amount of alimony. The amount of payments can be determined by the spouses independently, but the nuances of the current legislation should be taken into account. Thus, it has been established that at least 25% of the salary must be deducted per child. If the agreement contains a smaller number, the notary will not certify it.
2. Translation deadlines. To protect yourself if the other party files a claim, you must indicate a specific period during which payments will be made.
3. Transaction methods. The alimony transfer can be transferred to a bank account in the name of the mother or children, or sent by postal or bank transfer. It is highly recommended not to transfer money from hand to hand.

Filing a claim in court

As mentioned above, the ex-husband cannot apply for alimony against himself. But he has the right to petition to establish paternity and draw up regulations for the payment of money. In addition to the application itself, you will also need to submit the following documents:

• Plaintiff's passport.
• Marriage certificate and divorce certificate.
• A document indicating that the spouse is incapacitated.
• Children's birth certificate.
• Confirmation of paternity.

It should be borne in mind that if the mother has a fairly high income and refuses to accept alimony, then the court may refuse to establish payments.

Therefore, proof is necessary that she is disabled or unable to support the child on her own.

In the event of a mother's categorical refusal to accept alimony, the father may receive a writ of execution, according to which deductions to an established account will be made forcibly by bailiffs.

The court will always protect the rights of the child, including in obtaining funds to ensure it. Therefore, the mother cannot legally refuse alimony - the money is in fact transferred not to her, but to the minor whose interests she represents.

The situation seems difficult if there is a dash in the “paternity” column, or another man is indicated there. At the same time, one of the most important documents is the one that confirms paternity. Establishing this fact can occur in two ways:

1. MARRIAGE REGISTRY. The father must contact the district marriage registration authority and enter his name in the appropriate column. This can only be done with the assistance and direct participation of the mother. Difficulties may arise with the recognition of paternity, since some wives specifically try to secure their status as a single mother in order to receive child benefits from the state.
2. Court. If the fact of paternity has not been established through the registry office, then you should go to court, which will order a DNA examination. Afterwards, the demand for alimony payment may be considered, if one was filed by the father.

Many fathers are aware of their responsibility to support their child even after divorcing their spouse. In addition, evasion of alimony payments may entail:

• Administrative responsibility;
• Deprivation of parental rights.

There are often situations when mothers deprive their ex-husbands of parental rights. In this case, the legal connection between father and child is severed - according to the law, they are strangers. However, even this fact is not a sufficient basis for refusing to pay alimony, and the man can file a claim in court.

How to apply for child support for yourself? Reasons for such a procedure, procedure, where to apply

The collection of alimony, as a rule, takes place either through the court, or through a voluntary agreement that the parents draw up among themselves. In most cases, such procedures are initiated by the parent with whom the child lives.

But, there are exceptions to every rule: there are cases when the parent paying alimony independently applies for alimony “for himself” in order to pay funds in favor of his child. We will describe further how this procedure occurs.

Is this possible?

If it is impossible to resolve the issue of paying alimony voluntarily, then you will have to resolve the issue through the court. But, in this case, there is a legal inconsistency - after all, the paying parent cannot file a claim against himself and fulfill the court decision against himself.

Therefore, it is unlikely that such issues will be resolved in court according to the established procedural norms. The law does not provide for regulations on how to apply for alimony for yourself.

Ways to transfer alimony at your own request

Since this cannot be established in court, you can use one of the legal and relatively simple methods: by deduction from wages or by drawing up a voluntary agreement.

By deduction from salary

This method of paying child support yourself is a much better option than transferring money personally to the second parent, and here’s why:

• The fact of payment of alimony will be documented.
• If the second parent goes to court with the intention of collecting the “debt,” nothing will come of it - to prove his case, it will be enough to provide a bank statement, as well as confirmation from the accounting department that funds were transferred monthly.

How to do it? You need to contact the accounting department of your company and write an application for the transfer of alimony in favor of your child. The application must indicate the following:

• The amount that must be withheld from your salary.
• Details for transfer.

But, you need to pay attention to the following: if the second parent does not agree to receive the money, then the accounting department will not be able to carry out the operation. As an alternative way out of this situation: you can open a bank account in the child’s name and transfer funds there.

Voluntary agreement

This is the simplest and most satisfying way to pay child support: both parents agree and draw up an agreement on the payment of child support. The document states the following:

• How much alimony should be paid?
• The time period for transactions - from what date to what date.
• Details for payment.

Such an agreement must be notarized and has the same legal force as a writ of execution. If the parties do not follow the terms of the document, they can go to court to resolve the issue. But, even in this case, the answer to the question: “can a father apply for alimony for himself” will be negative - such a procedure does not exist legally.

How will the funds be transferred?

The method of transferring funds is specified in the agreement. As a rule, this is a monthly tranche - the amount is withheld from the employee’s salary (not an advance), and is transferred to the recipient’s account no later than 3 days after the salary is credited.

If the company does not carry out the transaction on time, the payer himself will not be responsible for this - it is not his fault. But the company may receive a fine, since this is an administrative violation.

In the case of a voluntary agreement between parents, the frequency of payments is determined by them independently.

What to do if the other party does not want to accept money?

Quite often, the second parent, with whom the child remains after a divorce, takes the position “we don’t need anything from him, we’ll live on our own.” But, there is no guarantee that after some time the same party will not go to court with a claim to collect arrears of alimony.

To prevent such an unpleasant situation from happening, there are three options for resolving the issue:

• Open an account in the child’s name and transfer child support there.
• Still, try to resolve the issue peacefully and draw up a voluntary agreement.
• Provide financial assistance to the child - buy clothes, necessary things, pay for studies/sections, but at the same time keep receipts for these transactions.

As an option, you can consider going to court to establish paternity. But this is only possible if the parent is not listed on the child’s birth certificate. In this case, the court will make a decision to establish paternity and will likely order alimony. But, again, the father himself will not be able to initiate the procedure for paying alimony on his own behalf.

But in practice, the provision of financial support will not be taken into account by the court. This means that if a woman sends a statement of claim to the court demanding monthly transfers of alimony, as well as withholding the debt for the past three years, then only receipts with monthly transfers will be taken into account, and the purchase of things for the child will only be counted as assistance to the baby. But one should not avoid providing financial assistance, since this may be regarded by the judge as a valid reason for deprivation of maternity/paternity.

Let's sum it up

Can a father file for child support on his own? No, such a procedure does not exist, since the father in this situation will have to act as both a plaintiff and a defendant at the same time - in fact, he needs to file a claim against himself.

If such a situation occurs, you can obtain consent from the second parent to receive alimony and submit it along with the application to your accounting department.

If the other party refuses to accept the funds, you can open an account in the name of the child and transfer the funds there - upon reaching adulthood, he will decide for himself how to use the accumulated amount.

How to apply for child support and for yourself

The payment of funds for children is regulated within the family if the parent agrees to transfer a certain amount on time.

Otherwise, the issue is resolved in court, and then the question arises: how to apply for child support.

In order to apply for alimony correctly and in the shortest possible time, you need to know what documents will be needed, who has the right to sue for alimony, on what grounds and other nuances that we will consider below. Yes, this is true when a man or woman hides their earnings, absolutely not caring about children, and the other parent is unable to support the family alone.

• Most citizens believe that money for child support is collected only from men who, for whatever reason, left the family.
• Let's take a closer look at cases of how to file a claim with different representatives of a child.
• The most famous situation is when the mother of a child born in marriage is going to file alimony against her husband.

The court is obliged to accept for consideration the claim of the parent against her former (or current) spouse. But if the marriage has broken up (or the spouses have simply separated), and the child lives with the father, he has every right to file for alimony for his wife. But this does not mean that the mother or father ceases to be responsible for them.

But here the scheme is not as simple as in the first situation. Yes, but only with the help of a responsible person, who is a parent, guardian, or trustee. Which parent can file for child support in this case?

And if, for example, the father’s name is not included in the documents (birth certificate), you will have to go through the procedure of establishing paternity.

How to apply for alimony for yourself? Can a man apply for it himself?

1. Only after paternity has been confirmed can you apply for child support.
2. Otherwise, the court may refuse to accept the claim for alimony, since the grandmother is not considered his legal representative.

3. Then she needs to submit an application to the guardianship authorities and declare that the parents are not fulfilling their responsibilities, then formalize guardianship and apply for alimony.
4. Information on the collection of alimony payments for the maintenance of an expectant mother is contained in Chapter 14 of the RF IC.

5. The law establishes several conditions under which you can apply for payments: Parents or representatives of children who need child support often do not know where to go.

According to the Family Code of the Russian Federation, there are 2 options for assigning such payments: an agreement signed by a notary, and collection through the court (Article. Where to apply for alimony also depends on the requirements of the person responsible for the child.

• The following factors are important: This is the case when there are no contradictions between the parties and you can do without a trial.
• The agreement is drawn up and signed, after which it is certified by a notary and becomes binding.
• In legal force, this is the same as a writ of execution.
• Using the document, you can contact the bailiffs for the procedure for collecting alimony.

In the absence of agreement and agreement between the child’s parents (or parent and guardian), one of the parties has the right to file a claim for the recovery of child support. The plaintiff has the right to contact the chosen authority via the Internet online.

You can apply for alimony through State Services in the same manner as when visiting the court in person.

Electronic versions of the required documents must be attached to the claim.

The application form is available on the portal gosuslugi.ru, in the section on legal claims.

1. It is better to perform all steps according to the prompts on the screen.
2. As a result, the court will set a date for a preliminary hearing, where the parties will have to appear themselves or through proxies.
3. Where to go when applying for alimony if the defendant does not comply with the court decision or notarial agreement?
4. You need to come to the bailiffs with a writ of execution, an agreement or a court order.
5. If a parent owes a significant amount of child support, legal proceedings can be initiated to collect it.
6. In this case, the performers will require him to fulfill his duties.

Ways to apply for alimony! With examples. 2018

In the absence of agreement and agreement between the child’s parents (or parent and guardian), one of the parties has the right to file a claim for the recovery of child support. The plaintiff has the right to contact the chosen authority via the Internet online.

You can apply for alimony through State Services in the same manner as when visiting the court in person.

Electronic versions of the required documents must be attached to the claim.

The application form is available on the portal gosuslugi.ru, in the section on legal claims.

It is better to perform all steps according to the prompts on the screen.

As a result, the court will set a date for a preliminary hearing, where the parties will have to appear themselves or through proxies.

• Where to go when applying for alimony if the defendant does not comply with the court decision or notarial agreement?
• You need to come to the bailiffs with a writ of execution, an agreement or a court order.
• If a parent owes a significant amount of child support, legal proceedings can be initiated to collect it.
• In this case, the performers will require him to fulfill his duties.

How to apply for child support and for yourself in marriage

1. The list of papers to apply for child support for a son or daughter is determined by the specific situation.
2. If the parties were able to agree to sign an agreement, they will need: The scheme for a voluntary settlement of the issue was discussed above.

3. But there are few such cases, so most parents are interested in the procedure for filing a lawsuit for child support.
4. Standard instructions to file for child support: The parent must know how to properly file a claim in order to file for child support, otherwise it will be returned to the applicant.
5. The content of the statement of claim is regulated by Article 126 of the Code of Civil Procedure of the Russian Federation.

6. It should include: A sample will be useful to submit the application.
7. A sample application for alimony, depending on the situation, can be found in the article on applications.
8. For a sample of a standard application, see the photo or download it in format from the link.

9. Parents often ask: is it possible to re-apply for child support?
10. The law allows this, but under certain conditions: changes in circumstances, emergence of new evidence, changes in claims.

If the court has already made a decision to collect alimony, there is no reason to go there and apply for payments a second time.

The amount of the state duty to file for alimony in 2018 depends on several factors: If a citizen has received the right to file for alimony, he has the right to file a lawsuit to collect it at any convenient time without a statute of limitations.

But there is such a thing as a suspended period, after which alimony should not be paid.

Until what age can a child receive child support? However, full-time university students need financial support until the age of 23, and disabled adults – for an indefinite period.

An adult has the right to collect and file for alimony if the procedure has not been carried out earlier. Article 107 of the RF IC prescribes the possibility of demanding cash payments for the past 3 years, but only if there is a good reason.

• It should be like this: before filing a lawsuit, all legal means were taken to claim the money, but the parent avoided paying.
• The procedure is not mandatory if the child receives full financial support.
• If the guardianship authorities doubt this, they should present evidence: salary certificates, receipts for receiving financial assistance in the form of bank or postal transfers.
• It is not difficult to request and file for alimony, and the court decision will be executed in any case, voluntarily or forcibly.
• Watch a useful video on how to apply for alimony.
• From the video you will learn many nuances and get answers to frequently asked questions.

How to file for alimony on yourself if your ex-wife doesn’t file

1. In this article you will learn how to apply for alimony and how child support is collected.
2. In addition, we will cover the question of how to draw up an agreement on the payment of alimony or to collect it in court, including how to draw up a statement of claim for the collection of alimony and what documents are needed in this case.
3. Alimony relations are regulated by Section V of the Family Code of the Russian Federation.
4. Alimony is a legally required payment to socially vulnerable categories of persons, namely: To apply for alimony, you need to take into account the following nuances.
5. How to submit: All applications for the collection of alimony are submitted to the magistrate at the place of residence of the plaintiff or defendant.
6. A package of necessary documents (which ones, you will find out a little later) is submitted to the court office - in 3 copies.
7. Using the assigned case number, the applicant can track the progress of the case.
8. If a person does not recognize himself as the parent of a child, then to establish this fact, first of all, it is necessary to contact the district court.
9. However, if a person avoids paying alimony, you should not immediately go to court.
10. It may well be that a person agrees to pay alimony voluntarily, but does not know how to record these obligations.
11. In this case, the parties can enter into a voluntary agreement, which stipulates all the conditions for alimony payments.
12. An alimony agreement can help prevent legal enforcement.
13. An agreement on the payment of alimony is concluded by parents who, in the event of disagreements in marriage or after divorce, try to maintain diplomatic relations.
14. A documented and notarized agreement is a voluntary form of alimony assignment, which has the force of an executive document.
15. Secondly, the notary's seal means that all agreements specified in the document have legal confirmation.
16. As a result, an optimal compromise is reached between the child’s parents not only regarding the amount of monetary support that can be expressed, but also the timing and procedure for paying child support.
17. Since the agreement is concluded by mutual consent, it cannot be canceled unilaterally.
18. If the level of income of the parties changes and it is impossible to reach a compromise agreement on amending the terms of the agreement, the issue can only be resolved in court.
19. Important: in order to avoid possible problems in the future, the agreement must be correctly drawn up, taking into account the specific nuances of the law.
20. Therefore, it is advisable to use a sample agreement or seek help from a competent lawyer.
21. In this article you will learn how to apply for alimony and how child support is collected.
22. In addition, we will cover the question of how to draw up an agreement on the payment of alimony or to collect it in court, including how to draw up a statement of claim for the collection of alimony and what documents are needed in this case.
23. Alimony relations are regulated by Section V of the Family Code of the Russian Federation.
24. Alimony is a legally required payment to socially vulnerable categories of persons, namely: To apply for alimony, you need to take into account the following nuances.
25. How to submit: All applications for the collection of alimony are submitted to the magistrate at the place of residence of the plaintiff or defendant.
26. A package of necessary documents (which ones, you will find out a little later) is submitted to the court office - in 3 copies.
27. Using the assigned case number, the applicant can track the progress of the case.
28. If a person does not recognize himself as the parent of a child, then to establish this fact, first of all, it is necessary to contact the district court.
29. However, if a person avoids paying alimony, you should not immediately go to court.
30. It may well be that a person agrees to pay alimony voluntarily, but does not know how to record these obligations.
31. In this case, the parties can enter into a voluntary agreement, which stipulates all the conditions for alimony payments.
32. An alimony agreement can help prevent legal enforcement.
33. An agreement on the payment of alimony is concluded by parents who, in the event of disagreements in marriage or after divorce, try to maintain diplomatic relations.
34. A documented and notarized agreement is a voluntary form of alimony assignment, which has the force of an executive document.
35. Secondly, the notary's seal means that all agreements specified in the document have legal confirmation.
36. As a result, an optimal compromise is reached between the child’s parents not only regarding the amount of monetary support that can be expressed, but also the timing and procedure for paying child support.
37. Since the agreement is concluded by mutual consent, it cannot be canceled unilaterally.
38. If the level of income of the parties changes and it is impossible to reach a compromise agreement on amending the terms of the agreement, the issue can only be resolved in court.
39. Important: in order to avoid possible problems in the future, the agreement must be correctly drawn up, taking into account the specific nuances of the law.
40. Therefore, it is advisable to use a sample agreement or seek help from a competent lawyer.

How to apply for child support yourself

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Issues of alimony payments are painful and pressing in every state. Knowing the basic rules of the law in this matter can save time and nerves for both parties who were in a marital relationship.

Of course, there are many nuances in the current legal paradigm.

Do you want to understand the issue of alimony payments and find out how to apply for alimony yourself? Ask a question to a lawyer or review the information provided below.

Can a father file for child support on his own?

In the legal system of the Russian Federation, a person cannot independently submit an application to the court for the forced recovery of funds for the maintenance of a child.

The law presupposes the presence of a plaintiff and a defendant in a legal dispute. One person cannot simultaneously act as a plaintiff and a defendant in a case.

But there are other ways when the child’s father can voluntarily pay money intended for maintenance

child:

• agreement on the payment of alimony, certified by a notary;
• opening an account in a branch of any bank in the name of the child (it is worth noting that until the age of majority no one will manage funds without the consent of the guardianship authorities, which is provided for in Articles 26, 28 of the Civil Code);
• postal order addressed to the ex-wife;
• Officially employed citizens can independently contact the accounting department of the enterprise and write an application for the transfer of part of their wages to bank details.

Important! It is necessary to keep payment documents confirming transfers for child support. The legislation provides for criminal sanctions for non-payment of alimony (Article 157 of the Criminal Code), as well as deprivation of parental rights under Art. 69 SK.

Are there other ways to pay for child support? The current legislation of the Russian Federation does not strictly regulate what kind of agreements stipulate alimony payments without a writ of execution.

How to pay child support voluntarily?

In some situations, the father conscientiously treats parental responsibilities after the divorce and expresses a desire to independently pay money for the maintenance of the child without a court decision. In such situations, the following courses of action are possible.

The main reason why fathers often want to file for child support “on their own” is the desire to record the fact of providing assistance to the child. But this is not required. After all, even when handing out money for his maintenance to the baby’s mother, they can confirm this fact with documents.

By agreement

An alimony agreement is an alternative to a court decision and is concluded between former spouses. You should not resort to such a decision if there is an inconsistency between the spouses regarding the upcoming payments.

Important! Before concluding an agreement, the nuances are discussed: the amount of money (payments are no less than those provided for by current legislation: ¼ for one child, 1/3 for two children, ½ for three children or more), payment terms, the procedure for upcoming payments is determined (cash or non-cash), force majeure.

The average cost of a notary’s work will be 5,000 rubles in the 2023 tariff schedule.

Without writ of execution

A person has the right to freely dispose of income. However, is it possible that the accounting department of the organization where a person works will withhold alimony from the employee’s salary without a writ of execution?

A person who wishes to make payments from wages voluntarily should contact the accounting department with a written application. The application must indicate the account details and the amount to be transferred from the salary. In addition, the person can submit to the accounting department a notarized agreement on payment of alimony, which will be sufficient grounds for transferring money to another account.

Read more about how to pay alimony without a writ of execution.

Methods of voluntary payment

Current legislation does not limit a person’s ways of paying alimony. Let's look at each of them in detail.

Availability

If there is an oral or written agreement, a person can give a sum of money monthly (quarterly, annually) in cash, bypassing banks.

This is due to reluctance to show actual income or for other reasons. However, in such a situation another danger arises.

How can I confirm that payments have been made? The only way left is to take a receipt from the recipient each time.

Additionally, study the “Sample of a receipt and the procedure for its preparation.”

Bank card

Transferring money to a bank card is a fairly convenient and common way to pay alimony. Sales are carried out by deductions from salaries or by independent transfer. Payment for all banking services is carried out exclusively by the alimony payer.

Important! Regardless of the type of payments (voluntary or forced), the payer must always have confirmation of payments. The Federal Bailiff Service, which monitors alimony payments, may impose fines for lack of notification of the stability of payments.

An application for a voluntary transfer of funds is submitted to the accounting department of the organization where the payer works or directly to the bailiff service department. Such a statement must be made in two copies. One copy is transferred to the payment addressee, the second is provided to the accounting department, and then kept by the payer.

The recipient parent should remember that child support must be spent solely on the maintenance, upbringing, education or treatment of the child. According to the norm of the law, the reflections in Part 2 of Art.

60 IC, if funds are not spent for their intended purpose, then the payer has the right to file an application with the court, which will indicate that 50% of the alimony amount will be placed directly on the child’s savings account.

Postal transfer

Payment of alimony through the post office is a rather archaic method. Advances in technology make it possible to conduct transactions without leaving the couch. However, in areas where there is no Internet or bank branches, making payments through post offices is an everyday reality.

Important! The payer bears full responsibility for compliance with the terms of alimony payments.

Payment can be made in various forms: addressed or addressless payment.

• Addressed payment - made to a specific post office, where the recipient can receive it by presenting identification documents.
• Addressless payment can be received at any branch in the country.

Depending on the time of transfer, payments are:

A similar transfer time service is available at any post office, but an additional penalty will be charged for the urgency of the money transfer.

The payment document form is filled out according to the samples available at the post office. You need to be prepared for the fact that you will need the personal data of the recipient of the money.

Other methods

The development of technology allows the use of various payment systems on the Internet (Webmoney, QiWi, YandexMoney). The payment is transferred by the payer independently.

It all depends on the agreement between the former spouses and the ability to confirm payments if necessary.

Another option is to open a deposit account with monthly replenishment of a certain amount. In addition, interest can be transferred to a bank card or added to the principal amount of the deposit.

What happens if the wife does not agree with the amount of alimony?

Situations often arise when the ex-wife does not agree with the amount of alimony that was proposed by the child’s father for his maintenance.

In such situations, the person:

• Files a claim for the recovery of alimony in court if alimony is not fixed either by agreement or by a court decision;
• Applies to the court with an application to increase payments if there is already a court decision.

However, it must be understood that the reasons must be substantial. Article 81 of the Insurance Code quite clearly regulates the amount of money paid.

The wife can also demand the collection of alimony for the past period, but she has only a small chance of this and subject to the following conditions:

• She repeatedly tried to obtain allowance;
• The father did not pay child support voluntarily.

Even a couple of receipts and the wife will no longer be able to collect alimony for the previous period.

If the husband wants to file for alimony against himself because of the new child

A common situation is the birth of a child from a second marriage, while the parent is obliged to pay child support for the first. The result is a situation where the first child receives ¼ of all types of earnings, while two children (including a newborn) would receive 1/3 of all income, or 16 for each.

In this case, of course, you cannot apply for alimony yourself. But there are a couple of alternative options:

• The second wife goes to court to ask her husband to withhold alimony. In court, an amount of 1/3 of all types of earnings is collected and divided between two children. As a result, payments for the first child are reduced. Fathers rarely take such a step if they are conscientious - who wants to look like a scoundrel in the eyes of their loved ones?
• The applicant himself submits an application to reduce the amount of alimony, citing the appearance of a child from his second marriage. The courts often cooperate and bring the amount of alimony in line with the law.

Need a lawyer

The article outlined only the main points and nuances related to the issue of alimony payments. Have additional questions? Contact our consultant online - it’s faster than trying to solve your problems yourself.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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