How to collect and file for alimony if the husband does not officially work

Maintenance of his own child is the responsibility of the father, if he does not live with the family. The former spouse has the right to demand support for the common offspring until he reaches the age of majority. In rare cases, alimony is also paid in favor of a child who has reached the age of majority, but is not legally competent due to disability.

Typically, alimony payments are deducted from the payer's salary. But what if the ex-husband does not work or is unofficially employed? Is it possible in this case to oblige him to pay alimony? Is it necessary to go to court? Let's talk about this in the article.

The problem of imposing alimony obligations on an officially unemployed citizen is regulated by the following articles from the current Family Code of the Russian Federation:

• Article 81 . According to the regulations of this article, a parent or official guardian who does not live with the offspring is obliged to support the child until his 18th birthday. Payments directed towards such maintenance are called alimony. If the alimony payer works, then a certain percentage is deducted from his salary, depending on the number of children receiving alimony support and their state of health. If a citizen does not work, when calculating alimony, it is not his own earnings that are taken into account, but the average salary in the region in which he lives or the cost of living in the Russian Federation;
• Article 83 . According to this excerpt from the RF IC, alimony can be assigned not only as a deduction from official wages, but also in a fixed amount;
• Article 112. The text of this part of the regulatory legal act in question states that if a person obligated to pay alimony is unable to make payments due to lack of work, his property may be seized and subsequently sold at auction. The proceeds will be used to pay off actual alimony debt;
• Article 113. This article discusses the nuances of calculating alimony debt due to the payer’s lack of employment.

You can apply for alimony in any case - if the husband is not officially employed or does not have any income at all. However, the method of collecting alimony forcibly depends on the presence or absence of income of the former spouse.

Procedure

Collecting alimony from a non-working husband can be done in the following ways:

• Draw up an alimony agreement (settlement agreement) In this case, the recipient and the alimony payer negotiate mutually beneficial terms for monthly payments, as well as the method of payment (in the order of deduction from some unofficial income or in a fixed amount);
• File a claim in court. This time-consuming and costly method for both parties is the only way to collect alimony if the husband works unofficially or is unemployed and at the same time evades alimony obligations.

When drawing up an alimony agreement, you must:

• Make a preliminary agreement with your ex-spouse;
• Go together to a notary, who will witness the agreement drawn up in writing in his presence.

When going to court to collect alimony payments, it is recommended to follow the following action plan:

• Seek advice from a lawyer or family lawyer;
• Collect documents for the child in whose favor child support should be paid;
• Fill out a statement of claim in accordance with all standards for drawing up this document;
• Contact the Magistrates or District Court;
• Be present at every court hearing and not miss them without a compelling reason;
• Wait for the court's decision on the case under consideration.

Important! According to the law, both the plaintiff and the defendant have the right to challenge the decision of an authorized bailiff or judge.

Rules for drawing up an alimony agreement

The alimony agreement is drawn up on a standard sheet of paper in standard A-4 format. The form of the document is printed, with the obligatory affixing of personal signatures of the parties and the notary, as well as notary seals. The content of the document must comply with the following structure:

• The name of the act indicating the name of the child in whose favor alimony payments will be made. An example of a title is “Voluntary agreement on the withholding of alimony for the maintenance of a minor son, Ivan Ivanovich Ivanov, born on February 15, 2017”;
• Place and date of execution of this document;
• Personal identification data of the parties (recipient, his representative and payer), namely:
  • FULL NAME;
  • Place of residence. If this citizen lives at a different address, both are indicated;
  • Date of birth of the common child;
  • Passport details of parents and child, if he is over 14 years old;
  • Birth certificate number of the offspring;
• Grounds for formalizing an agreement on the provision of alimony (divorce, etc.);
  Providing full information about upcoming payments:
  • Sum;
  • Method of payment of alimony (property calculation, in a fixed amount, from deductions from earnings);
  • Term;
  • Possibility of indexation or termination of alimony payments;
• Indication of the rights and obligations of the parties;
• Signatures of the recipient and payer.

A sample peace agreement between the parties on alimony can be downloaded from the link:

Sample claim for the recovery of alimony from a non-working husband

A claim for the recovery of alimony from a non-working husband is drawn up on a standard sheet A-4. The form of the act in question is also printed, only the plaintiff’s signature is in capitals. A properly completed claim is submitted to the magistrate at the applicant’s place of residence. The contents of the document are presented below:

• Indication of the judicial authority to which the claim is sent;
• Personal data of all parties to the claim - the plaintiff, the person whose interests are represented by the plaintiff and the defendant. The full name and residential address of each person involved in the case is indicated;
• Name - “Statement of Claim for Collection of Alimony”;
• The text of the claim, which sets out in detail the position of the defendant (refuses to pay alimony, hides, etc.);
• An indication of the husband's financial situation, if known to the defendant. It is necessary to indicate where he last officially worked, for what reason he quit or was fired;
• Indication of the date of the last payments and the amount of debt;
• Formation of a request for payments indicating the amount of alimony, the form of payment (one-time or in a fixed amount);
• Link to articles of the Family Code of the Russian Federation confirming the legitimacy of the applicant’s claims;
• List of documents accompanying the statement of claim;
• Date and signature of the plaintiff.

download a sample statement of claim for alimony if the husband does not work using the link:

List of required documents

When filing a claim in court, the plaintiff should have the following package of documents with her:

• Identity card of the plaintiff;
• Birth certificate of the child in whose favor alimony payments are being collected from the applicant’s unemployed husband;
• Passport of the child, if he is over 14 years old;
• Certificate of marriage or divorce with the defendant;
• Details indicating the latest alimony payments in favor of the child;
• If the offspring is an adult - a certificate of disability;
• An extract from the house register and other documentary evidence of the child’s residence in the mother’s living space;
• Other documents confirming that the child needs child support;
• Documentary evidence of alimony debt.

Important to consider! Each hotel situation is unique. Before contacting a magistrate judge, it is recommended that you consult with a family law attorney regarding the full list of required documentation.

Due amount of payments

According to the current family legislation of the Russian Federation, alimony from a non-working husband is calculated on the basis of the average wage (AW) in the region in which he is registered, as follows:

• In favor of 1 child - 25% of the FFP. For example, SWP for the region = 30,100 rubles. 25% of this amount - 7525 rubles. This is the amount due for alimony payments;
• In favor of 2 children - 30% of the FFP;
• In favor of 3 or more offspring - 50% of the FFP.

If the ex-husband is officially recognized as unemployed, then alimony is calculated from his unemployment benefits in a similar percentage.

Is it possible to apply for alimony if my husband works unofficially?

Unofficial work, like the status of unemployed, does not relieve a citizen from alimony obligations. If the ex-husband works unofficially and it is impossible to determine his place of employment, alimony may be collected from him in the form of:

• A fixed amount;
• Property settlement.

If the ex-husband does not agree to the alimony agreement, the woman should apply to the Magistrate’s Court or the bailiff service with an application to collect alimony from her unofficially working husband.

What happens if the husband refuses to pay alimony?

If the husband refuses his own responsibilities to provide child support, he will face the consequences of non-payment of child support. If the defaulter is not recognized as malicious, he is forced to pay a penalty for each day of overdue payment. The penalty is equivalent to 0.5% of the total amount of alimony debt.

However, the debtor is considered malicious and is subject to criminal prosecution if he:

• Hiding from payment of alimony, constantly changing his place of residence;
• Stubbornly hides the real place of work and the amount of actual earnings;
• Does not pay child support for more than 4 months without good reason (illness, appearance of other children by the payer, etc.);
• Ignores warnings from bailiffs;
• Refuses to apply for a job through the Employment Center.

If the ex-husband, unemployed or working unofficially, is recognized by the court as a willful defaulter, he faces not only a penalty and coercion to pay the debt in full.

According to Article 157 of the Criminal Code of the Russian Federation, the violation in question is punishable by correctional labor for up to 12 months, or imprisonment for up to 3 months.

At the same time, neither a simple, nor even a malicious debtor for alimony payments has the right to travel abroad, since his foreign passport is seized. The arrest is lifted immediately after payment of alimony obligations.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• 8 (800) 350-83-59 — all regions of the Russian Federation.

How to collect child support from the officially unemployed father of a child?

Many payers and recipients of alimony mistakenly believe that their failure to pay due to the fact that the father does not work (due to lack of work as such or dismissal from a previous place of employment) is valid or that the alimony obligee is completely exempted in this case from the need to pay funds for child support . However, this is not at all true, and often alimony from a non-working father can be collected in a much larger amount than from a payer with a fixed salary (and therefore, in many cases, this is not beneficial, first of all, to the payer himself)!

The Family Code (FC) of the Russian Federation is completely built on the observance and protection of the rights of minor children, including defending their right to receive maintenance from both parents, regardless of their social status, and the Federal Law “On Enforcement Proceedings” talks about specific legal instruments to combat "draft dodgers".

If, when assigning alimony, the parent did not attempt to get a job or did not register with the employment center (PEC) as officially unemployed, then arrears will accumulate , in accordance with the amount of which it will be possible to hold the debtor to various types of liability :

• civil-administrative;
• criminal

In addition, the claimant and the payer should be aware that if alimony was collected from a working citizen , who subsequently intentionally or inadvertently lost his job and is unable to pay the due funds, the accumulation of arrears of unpaid funds is provided for, which also results in bringing the person to justice .

How is child support calculated if the father does not work?

In a situation where one of the parents does not have a job, the second parent, who is actually raising the child, has the full right to file a claim for alimony, guided by Art. 80 and 83 of the RF IC, which establishes:

• the obligation of both parents to provide financial support for their minor children;
• the possibility of collecting alimony in a fixed amount from a non-working parent.

The award of alimony in a “fixed amount” allows you not to be tied to the amount of earnings of the child’s father or other income, but to establish the amount of payments in accordance with Art.

117 of the Family Code of the Russian Federation, in proportion to the size of the subsistence minimum established in a specific region of the Russian Federation (the national average subsistence level for children at the beginning of 2018, established by Government Decree No. 352 of March 30, 2017, is 9,434 rubles ).

If alimony has already been assigned for payment, then the “punishment” for the absence of a job of the person in respect of whom it was established and from whom it was collected before losing his job will be:

1. Education and rising debt:
2. Collection of a penalty (fine) for late payments - if the plaintiff files a corresponding statement of claim with the magistrate (the amount of the penalty is 0.5% of the amount of debt for each day of delay).
3. Application of liability measures to the debtor:
   • Civil-administrative (deprivation of a driver’s license, travel ban, blocking of certain government services, foreclosure of property to pay a debt, etc.);
   • Criminal (involvement in accordance with Article 157 of the Criminal Code of the Russian Federation).

How is minimum child support determined in 2018 for a non-working person?

Art. 80 of the Family Code establishes the obligation of both parents to support their children. In this regard, they must equally bear the costs of their upbringing. This principle is the basis for the calculation of alimony from a non-working person in a fixed monetary amount, which includes:

• establishing a living wage per child in the region of residence;
• approximate cost calculation for your child per month (taking into account additional expenses - for treatment, for visiting paid sections, etc.);
• correlation of these amounts and recovery of half of the total amount from the defendant - since parents are equally obliged to support their common child.

When going to court to collect alimony, you must ask for exactly half the amount required monthly for each child. This is due to the fact that both parents are required to participate in these expenses. In this case, it is necessary to prepare a calculation of alimony based on actual receipts from stores, as well as for a certain period of time in advance.

Thus, the attached calculation of alimony and the rationale for it are important for determining the amount of alimony. After all, it is one thing, for example, to support a healthy teenager, and quite another to support a disabled child. In this case, maintenance costs increase due to the need for special care, medications and medical procedures.

• All this information is important for the court, because in many cases the second parent works unofficially and lives in abundance, and in order to evade his parental responsibilities, he tries to obtain the minimum alimony collected from the non-working person, hiding his income and real marital status.
• In addition, even if the second parent is officially unemployed , it is necessary to point out to the court possible hidden sources of income. This could include informal rental of real estate, interest on bank deposits, etc. All this will allow you to achieve a fair amount of alimony in court.

At the same time, not only official certificates are taken into account, but also evidence provided by the parties regarding hidden income. The main thing is that these materials do not contain any assumptions, but clearly indicate the facts of the availability of income.

• Answer a few simple questions and get a selection of site materials for your case ↙

A non-working parent is obliged to support his child until adulthood - this provision of Art. Art. 80, 83 of the RF IC give the right to collect alimony payments from negligent parents. In this case, the person actually raising a common child independently decides how these funds are collected:

• voluntarily;
• forced through the court.

Through a notarial agreement with a non-working person

We are talking about the mutual drawing up of a notarized voluntary Agreement on child support, in which parents, in order to reach a compromise, can agree on the amount, frequency of payments or come to another convenient solution to this issue.

Example

Olga and Konstantin stopped living together, the child remained with his mother.

Thinking about assigning alimony, knowing that Konstantin did not have a job, Olga suggested that he re-register the car, once purchased with his funds, in the child’s name. Konstantin agreed.

The parents secured this circumstance with a notarial Agreement, replacing alimony payments with the transfer of movable property in the form of a car to the child.

Lawyer's comment. Olga and Konstantin made a wise decision for both parties. Olga received a car for use, while having collected alimony by court decision, she would have waited quite a long time for the debt to accumulate, then for a procedural decision to collect it.

By filing a claim in the magistrate's court

We are talking about applying to a magistrate's court at the location of the payer or the claimant - at the choice of the applicant (i.e., according to the principle of alternative jurisdiction ). Regarding unemployed citizens who have no income, the court collects alimony in a fixed monetary amount, based on the cost of living in the region of residence of the family.

Example

Natalya and Pavel divorced, for some time Pavel gave his ex-wife certain amounts for the child. Soon Pavel lost his job and stopped sending money for his son. Pavel refused to respond to Natalya’s verbal entreaties to help financially.

Soon, the ex-wife applied to the magistrate court at Pavel’s place of residence with a claim for the recovery of alimony in a fixed amount of 4,422 rubles. — which is 1/2 of the subsistence level per child in the Bryansk region (8,844 rubles.

) - in the region where the child lives.

The procedure for filing an application to court against a non-working father

The procedure for applying to court to hold a non-working father liable for child support is no different from a claim against a working person. The only distinctive feature is the method of collecting funds from the payer - according to Art.

83 of the RF IC, it must be determined in a fixed sum of money , and if the payer has other income (for example, from leasing property) - the funds can be recovered simultaneously in shares and a fixed sum of money .

The statement of claim is filed with the magistrate’s court at the place of residence of the plaintiff or defendant (at the plaintiff’s choice) and contains:

1. Information about the plaintiff (full name, address, telephone number).
2. Information about the defendant (full name, address, telephone number).
3. Data on the child (children) - full name, age, employment, needs.
4. Abstract statement of the problem:
   • the reason for filing the claim;
   • the second parent has no official income;
   • failure to register the defendant as unemployed at the employment center;
   • calculation and justification of expenses per child per month (with the attachment of real checks, receipts, etc.);
   • an indication of the payer's known income.
5. Requirements for the court - assignment of alimony in a fixed amount;
6. Calculation of a fixed amount of money.
7. Attached documents:
   • a copy of the plaintiff's passport;
   • a copy of the child's birth certificate;
   • a copy of the divorce certificate (if available);
   • checks and receipts for child expenses;
   • certificate of income of the plaintiff and other documents relevant to the case.

When filing a claim for alimony, the state fee is levied on the defendant, not the plaintiff.

A sample statement of claim for alimony from a non-working person can be found below.

You can download a sample statement of claim for alimony in a fixed amount from an unemployed person here.

Who else can count on receiving support from a non-working person?

The legislation of the Russian Federation provides that not only adult children, but also the following persons have the right to alimony, including from an unemployed citizen:

• adult disabled children in need of care;
• an official wife (including an ex-wife) who is pregnant with a common child or on maternity leave for a child up to 3 years of age;
• official spouse (former spouse) recognized as needing financial assistance.

When filing such claims:

• the applicant's arguments are carefully checked by the court for the presence of documentary evidence;
• the marital status of the applicant and the future payer is established (the presence of other dependents - parents, children);
• the reason for the social status of the parties is taken into account (for example, the presence/absence of disability of the child, the claimant or the payer, the pension age of the payer, etc.).

How to receive alimony if the husband does not officially work?

The problem of providing for a family becomes most acute when the wife is on maternity leave and the husband loses his job. The mother has no choice but to collect alimony from the father to provide for the child. In this regard, the question of how to receive alimony if the husband does not work has its own characteristics, and therefore requires detailed consideration.

Regulatory legal framework

The leading position among the legal acts regulating the award of alimony is occupied by the Family Code. It has chapter 13 dedicated to this issue. The Code establishes the obligation of mothers and fathers to provide financially for their children, prescribes the sequence of actions for the purpose of assigning alimony obligations, and determines the size and regularity of accruals.

The Civil Procedure Code provides for the procedure for awarding payments to support children: it prescribes the rules of jurisdiction, determines the form of the application to be submitted, and offers a list of documents required to be submitted to the judge.

The provisions of the Tax Code exempt the mother or father filing a claim for alimony from paying state fees.

The Government Decree prescribes various types of income of a person from which funds are collected to provide for children. To facilitate the search for a particular legal norm, you can use the data in the table below.

Question	Law	Article of a normative legal act
Obligation of mother and father to pay child support	RF IC	Art. 80
Purpose of payment in the form of a fixed amount	RF IC	Art. 83
Possibility of drawing up an agreement	RF IC	Art. 99-105
Award of payments	RF IC	Art. 106-108
Filing a claim	Civil Code of the Russian Federation	Art. 29
Time to resolve the issue	Code of Civil Procedure of the Russian Federation	Art. 154
Incurrence of liability for evasion of obligation	Criminal Code of the Russian Federation	Art. 157

General procedure for assigning alimony

Before studying the specifics of assigning alimony to a non-working father, it is necessary to understand the general procedure for collecting such payments. The following general rules apply:

1. Children must be under 18 years of age. The only exceptions are cases when the child is recognized as disabled and incapable of work - then accruals are made accordingly until the adult child restores health and working capacity.
2. A blood connection is strictly necessary. To provide for the child, funds can only be recovered from the mother’s and father’s relatives or legal representatives who have undertaken such an obligation in writing. Relationship is established based on the children's birth certificate. The ideal option is to have in the document complete information about the father and mother of the child who are married. In the absence of an officially registered marriage union, filling out the “Father” column requires his written expression of will. If such a statement is not received from the father, then the mother can indicate his name and patronymic on the certificate at her own request, and her real surname is written down. In such cases, before presenting claims to the father regarding the financial support of the child, paternity must be proven in court. To do this, witness testimony about this fact, as well as the results of a DNA test, can be presented to the court.
3. When resolving the issue in court, it is necessary to prove the fact of the father’s refusal to fulfill his duty to financially support his children. As evidence, the plaintiff can use the testimony of eyewitnesses, for example, neighbors and loved ones, as well as recordings of telephone conversations and messages confirming the fact of refusal.
4. It is not necessary to have a registered marriage between parents; alimony can also be received for illegitimate children.

These rules apply in all cases of collection of payments, including when applying for alimony if the husband does not work.

Amount of alimony

The rules of family law establish the possibility of assigning payments in the form of a percentage or a fixed amount. As a general rule, the court assigns a certain percentage of the father's earnings depending on the number of children for whose support a claim is made. A fixed size is assigned in the following cases:

• when the father’s income is not regular and represents different amounts;
• when the defendant receives income in kind or foreign currency;
• when the parent is not officially employed;
• when it is difficult for the mother to prove the father’s income;
• when the amount of income received by the defendant is so minimal that it derogates from the rights of the child.

Thus, the amount of alimony, if the husband does not officially work, is a fixed amount in monetary terms.

The amount is always determined by the judge individually, taking into account the financial situation of the children and the financial wealth of the parent to whom the support requirement is being made. So, for one child the court may assign 12,000 rubles, and for another – 10,000 rubles.

In any case, the assigned amount should not be less than the subsistence minimum established per child annually in a particular region.

How to apply for alimony if my husband does not work?

There are two legitimate ways to assign alimony if the husband does not officially work:

• by executing an agreement;
• by filing a claim in court.

These two methods are provided for by family law. Before going to court on this issue, it is worth trying to resolve it peacefully. To do this, the mutual expression of the parents' will is formalized in the notary chamber in the form of an agreement. The document has the force of a writ of execution. If the father fails to comply with the terms of the agreement, the mother may turn to the bailiffs.

When consensus on the issue of keeping children with an unconscious parent cannot be reached, the only way to legally resolve the problem is to seek help from the court.

The court will determine the amount of alimony in the form of a fixed amount if the ex-husband does not work. In this connection, it is necessary to submit a statement of claim.

The legislator currently does not provide any other ways to solve the problem.

Concluding an agreement on the payment of alimony with a non-working father

Despite the fact that the father is not employed, he must financially support his children.

With a parent who is aware of his immediate responsibility, you can try to come to a mutual agreement and draw up an agreement on the payment of money for child support.

This method significantly reduces the time costs that could arise when resolving the issue in court: there is no need to go to meetings, and there is also no need to request certificates from different authorities.

The agreement must contain the following important information:

1. Date and place of execution of the agreement.
2. Information about parents: full name, passport details, places of their residence.
3. Information about the child (children): full name, details of the birth document, place of their residence.
4. Imposing an obligation on the father to pay money to support the child (children).
5. Amount of payment.
6. Regularity and timing of payments.
7. Details of the account to which alimony should be calculated.
8. Cases of termination of a material obligation.
9. Consequences for failure to comply with the terms of the agreement.
10. Parents' signatures.

Download a sample agreement on payment of child support with a non-working father

The peculiarity of concluding an agreement on the assignment of alimony is that the mother and father independently establish the amount of payments, the terms of payment, an agreement is allowed on exemption from alimony for the provision of a piece of real estate, for example, an apartment, for the use or ownership of a child.

It is not possible to carry out such a transaction in court, since alimony, if the husband does not officially work, will always be assigned only in a fixed amount; no alternatives are provided by law in this regard. The agreement must be certified by a notary. It is compiled in two copies for each parent.

The agreement is an excellent opportunity to resolve the problem peacefully.

Submitting a claim to court for the recovery of alimony from a non-working father

If it was not possible to agree with the father on the issue of child support for the common child, then the claim should be sent to a judicial authority. Issues regarding the assignment of alimony are considered by the magistrate.

The claim is filed, as a general rule, in the court district within which the father is registered.

There is an exception in the law, according to which, if the mother has a young child with her and it is difficult for her to go to court due to territorial remoteness, then she can send a claim to the police station according to her registration.

The claim must indicate the fact that the husband is not employed and does not have any official income. The reason for this is his work record book, in which the record of dismissal appears last.

The fact that the father refuses to voluntarily support his children should also be stated in the document sent.

If a parent has financial obligations established by the court in relation to other children, then this fact must also be stated in the statement of claim.

Within a month, the judge considers the case and makes a decision. The decision, along with the requirement for the father to collect alimony, includes a requirement to pay state duty. The decision is sent to the bailiffs for execution of a writ of execution and further delivery to the defendant.

Sample of drawing up a statement of claim for the recovery of child support from a non-working father

The claim form can be found on the website of the court district where you plan to apply. The claim must contain the following attributes:

• name of the site;
• information about the plaintiff: full name, place of residence, telephone;
• information about the defendant: full name, place of residence, telephone;
• information about third parties, if they participate in the process: full name, place of residence, telephone number;
• descriptive part: a statement of all the circumstances;
• reference to legal norm;
• operative part: after the word “PLEASE”, a demand is made for payment to be made before the child reaches 18 years of age;
• list of attached papers;
• number and handwritten painting.

The claim is drawn up in several copies, taking into account the persons appearing in the case. It is important to include all relevant information about the case.

Download a sample statement of claim for the recovery of alimony from a non-working father

List of documents sent to the judicial authority along with the claim

The following documents are attached to the claim:

• copy of the passport;
• a copy of the birth document of the child (children);
• a copy of the document confirming that the parents are in a marital relationship (if any);
• a copy of the parents’ divorce document (if available);
• certificate of cohabitation with the child (children);
• certificate of income of the plaintiff;
• documents indicating that the defendant has no income;
• documents confirming that the defendant has unofficial earnings.

In addition to the listed papers, it would be a good idea to provide the judge with a list of monthly expenses for the child. The requested amount of the claim must be equal to half of that indicated in the list of expenses.

Copies are sent along with the originals. After examination by the judge, the originals are returned to the owner. To comprehensively reflect the real picture, it is necessary to collect the maximum number of documents that are important in the case under study.

How is alimony collected from a retired husband?

The resolution stipulates that alimony may also be calculated from a person’s pension.

It does not matter for what reason the pension was assigned: for old age, for disability, whether it is insurance, social, preferential or purchased under general conditions.

The only exception is a pension received by a person in connection with the death of the breadwinner - alimony is not withheld from it. The group of existing disability also does not matter: funds are collected both for the third group and for the first.

The amount of payment ordered by the court is 25% per child. The basis for the accrual is the writ of execution sent to the Pension Fund of the Russian Federation. In the case of official employment of a retired parent, alimony is also collected from the salary received.

How to collect child support from a father who is on the stock exchange?

According to the Resolution, funds for the maintenance of children from the benefit of an unemployed parent can only be recovered by a decision made by the court. As a rule, you can stay on the labor exchange for only a few months.

¼ of the benefit received on the exchange is not enough to meet the child’s needs, so it is advisable to file a claim with the court to establish payments in the form of a fixed amount not lower than the subsistence level.

Thus, if the father is on the stock exchange, it is possible to receive alimony, and even fully meet the needs of the child.

How to get child support if the father has an unofficial job?

If the husband does not work officially, then the claim for alimony should include a petition to the court to request the Pension Fund, banks, and the tax office for possible charges. Certificates submitted from organizations can show the amount of deductions, on the basis of which a conclusion can be drawn about the amount of earnings received by the defendant.

The total possible income received by the father should be analyzed. In addition to hidden sources of income, he can receive money from renting real estate, a pension and other benefits, from which it is also possible to withhold contributions to provide for children.

What to do if the husband does not pay child support and does not work?

Success in receiving payments in this case depends entirely on the completeness of the measures and actions taken by the bailiff to whom the case is entrusted. The bailiff, having received information about non-payment of alimony by a citizen, must take the following measures:

1. Call the person for a conversation, clarify the reasons for failure to comply with the court’s demands, and explain the possible negative consequences.
2. Determine the amount of property owned by the unscrupulous father.
3. Seize items of property.
4. Block all money in the parent's bank accounts.
5. Restrict his movements outside the country.
6. Take measures to put on the wanted list if the father is hiding.

Practice shows that measures taken towards the debtor as a whole always give positive results.

If the debtor evades financial obligations for more than 4 months, then this fact serves as the basis for initiating criminal prosecution. Currently, serious sanctions are provided as punishment, including actual imprisonment.

Alimony will also be withheld from the earnings of a debtor in prison, taking into account the arrears. The law provides the opportunity to recover funds for child support from absolutely all categories of parents, including the unemployed.

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How to collect and file for alimony if the husband does not officially work in 2023

The lack of an official source of income is not a reason to neglect your financial obligations to your children, even if the parent has reached retirement age, has become disabled, or is serving a prison sentence. Let's consider how to apply for alimony if the husband does not officially work, and how to collect the necessary funds in case of malicious evasion of payments.

According to Art. 80 of the RF IC, mother and father are obliged to provide financially for their child. This provision serves as the basis for calculating alimony from an officially unemployed person in a firmly fixed amount.

This monetary amount includes:

• determination of the living wage for a minor in the region of residence of the plaintiff, defendant and child;
• approximate calculation of monthly costs, including cash costs for paid sections, additional classes, treatment;
• correlation of the established amounts and recovery of 50% of the final amount from the defendant, since both mother and father bear equal financial obligations to provide for the minor.

If a child is diagnosed with a certain category of disability, then in this case the financial expenses for his maintenance increase, since such a person requires specialized care, selection of medications and medical procedures.

It is necessary to provide the court with comprehensive information on monthly financial expenses for the child, especially if the plaintiff knows that the defendant is financially secure, but works unofficially.

When a parent is officially listed as unemployed, the court will need to provide information about the hidden sources of income received by the defendant, if the plaintiff has this information.

How to collect cash payments if the father does not work

Even if a parent is unemployed, this does not relieve him of the obligation to provide for his child.

Collection of funds to support a minor can be carried out in two ways:

• voluntarily
• judicially.

How to receive alimony from a non-working person voluntarily

In this case, the mother and father of the minor jointly draw up an agreement on the maintenance of the child. Next, this document will need to be certified by an employee of a notary agency.

In a child support agreement, the parties stipulate the conditions for financial support for the child, including the amount of cash payments and the frequency of their transfer.

The agreement is drawn up in writing, after which the document must be certified by an employee of the notary agency. If there is no notary certification, then the alimony provider will be able to neglect his financial obligations with impunity. In this case, the mother will need to go to court.

Judicial determination of alimony

If the parent does not officially work, then the court collects from him alimony in a fixed amount based on the cost of living, which is determined in a particular region.

The plaintiff should apply for help to the magistrate's court at the personal registration address or at the place of residence of the future alimony recipient by drawing up a statement of claim. The claim should include the following information:

• Full name, registration address and mobile phone contact number for communication between the plaintiff and the defendant;
• information about the minor;
• description of the problem: the reason for going to court, an indication of the defendant’s lack of official work and registration with the employment center, justification for the given amount of alimony in the text of the document (you will need to attach receipts and checks that confirm the need for monthly cash expenses for the child);
• providing available information about whether the defendant has unofficial sources of income, property owned, passive income, bank deposits, savings;
• requirement to establish alimony in a fixed amount;
• calculation of child support that is necessary to maintain an acceptable standard of living for the child.

Download a sample statement of claim for the collection of alimony in a fixed amount of money

1. As for the package of attached documentation, the plaintiff must provide: his personal passport;
2. birth certificate of a minor, divorce certificate;
3. receipts, checks that confirm the amount of money spent on the child;
4. certificate of income of the plaintiff;
5. other important documents.

The state fee for considering the case in court in this situation is paid by the defendant, not the plaintiff.

If the child's father is disabled or retired

Often people are unemployed due to reaching retirement age or becoming disabled. However, even in this case, they are obliged to transfer funds to their child. Disability benefits and pension payments are, under current law, sources of income. From this income, the father is obliged to transfer part of the funds to the minor.

The only exception is that the court sets the amount of payments as a percentage of the income received by the parent. So, for one child the father will need to transfer ¼ of his income, for two - 1/3, for three or more - 50%.

In this case, the parent has the opportunity to apply to the court with a request to reduce child support payments.

Collection of alimony from an unemployed convict

Convicted parents also have an obligation to take part in providing for the minor. Alimony can be collected from the income a person receives (after deducting expenses for food and maintenance of the prisoner, taxes and contributions to the Pension Fund).

The spouse has the opportunity to divorce the prisoner and sue for alimony. If the convicted person needs to serve at least 3 years, then the divorce, even if there are common minor children, will be carried out in absentia, without court proceedings.

To establish alimony payments, you will need to apply to the court to issue a writ of execution. This document should be submitted to the territorial department of the FSSP at the address of the colony, and then to the correctional institution where the alimony worker lives.

After this, the institution’s accounting department will begin to calculate child support payments and transfer them to the child, and the bailiffs will monitor compliance with the requirements established by law.

If a convicted person is transferred to another institution, the colony administration sends a writ of execution for alimony to his new address. After the convicted person is released from prison, the writ of execution will be returned to the bailiffs - then the officers will begin to collect alimony payments from the released person’s salary.

If the convicted person does not have the opportunity to earn even small amounts, then after his release he will accumulate a significant alimony debt. This debt will need to be repaid, even if the child turns 18 by that time.

However, if the released person has valid reasons, he can apply for a reduction in the amount of debt or for its complete write-off. For example, the court can write off a debt if it turns out that the colony was unable to provide the prisoner with the opportunity to earn money.

Who has the right to apply for alimony payments?

Current legislation establishes the following list of persons who have the right to apply for alimony for an unemployed person;

• children who have already reached the age of 18, but are deprived of the ability to work, as a result of which they need material support and care;
• a legal wife who is carrying a child or is on maternity leave to care for an infant under 3 years of age;
• a legal current or former spouse who is determined to be indigent and in need of financial support.

When considering such cases, the court checks the plaintiff’s arguments and examines documents that act as a confirmatory factor in the claims stated in the claim. The marital status of the plaintiff and the alimony provider is also being established, the presence of children, parents and other dependents who require financial support is being determined.

1. Finally, the court determines the social status of the participants in the case under consideration: the disability of the child, the plaintiff or the child support provider;
2. reaching retirement age by the alimony worker;
3. the presence of a serious illness on either party.

After this, he sets the amount of alimony payments.

Procedure for non-payment of alimony

Practice shows that alimony payers often ignore court decisions on alimony. In this situation, the recipient of alimony will need to seek legal assistance from bailiffs - they will begin to collect alimony forcibly, bringing the defaulter to liability as defined by law.

If the bailiffs do not take any action, then the recipient of alimony must contact the authorities of the FSSP, the court or the prosecutor.

The alimony defaulter will have to face civil, administrative or criminal liability.

The duties of bailiffs include the following:

• collection of alimony (based on a settlement agreement or by force);
• calculation of debt incurred as a result of non-payment of alimony;
• accrual of penalties and fines;
• restrictions on rights (for example, a ban on traveling abroad or using a driver’s license);
• initiation of a criminal case, deprivation of liberty of the defaulter for up to 12 months.

Willful non-payers of child support risk losing their parental rights.

Let's sum it up

If a parent is unofficially employed, this does not relieve him of the obligation to provide financially for his child. The plaintiff will need to go to court and provide evidence of the fact that the defendant has the ability to invest in the financial support of the minor, despite the lack of official earnings.

It is also necessary to submit documents that confirm the validity of monthly expenses for the child.

Appropriate penalties will be applied to those who fail to pay alimony.

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