How is child support paid after divorce?

From an analysis of the relevant norms of the IC of Ukraine, we can conclude that alimony is money for the maintenance of a child, which:

• are deducted upon a voluntary application submitted by one of the parents from his salary, pension, scholarship;
• paid voluntarily by one of the parents on the basis of an agreement on the payment of alimony concluded between the parents;
• are collected from one of the parents on the basis of a notary’s writ of execution in the event of his failure to fulfill his obligations under the agreement on the payment of alimony;
• are collected from one of the parents by court decision.

As follows from the above definition, alimony can be paid voluntarily , or it can be forced. Article 187 of the Family Code of Ukraine provides for a voluntary way for a mother or father to fulfill their obligations to support a child by paying alimony. To do this, the alimony payer must submit an application at the place of work (place of payment of a pension, scholarship) for the deduction of child support from his salary (pension). , scholarships) in the amount and for the period specified in the application. The payer has the right to independently determine the amount of alimony and the period for their deduction. Unlike the forced collection of alimony, it is carried out in the manner of enforcement proceedings, at the request of the payer, in the case of payment of alimony voluntarily, alimony can be deducted even when the total amount of deductions, including deductions under other executive documents, exceeds 50% of the salary. Based on such an application, alimony is deducted no later than three days from the date established for the payment of wages (pensions, scholarships). The alimony payer has the right to withdraw his application at any time, despite the fact that the deduction period specified in the application has not yet expired.

Voluntarily submitted an application for deduction of child support in case of termination

How to collect alimony after a divorce under an alimony agreement?

Abandonment of deductions is not a basis for forced collection of alimony from the payer in the amount specified in the application.c

In this case, in order to force the collection of child support, the recipient may go to court.1. Parents have the right to conclude an agreement on the payment of child support, in which they determine the amount and terms of payment. The terms of the agreement cannot violate the rights of the child established by this Code.

The agreement is concluded in writing and notarized.2. If one of the parents fails to fulfill his obligations under the contract, alimony may be collected from him on the basis of a notary's writ of execution.

The agreement on the payment of alimony is concluded exclusively in writing and must be certified by a notary.

And this is correct, since the notary, as a legal specialist, will help draw up the text of the agreement based on the specific life situation of the parents, and if the draft agreement was prepared by the parents, the notary will be able to check it for compliance with the norms of the Family Code of Ukraine.

The main advantage of this method of paying alimony is the possibility of enforcement of such an agreement.

If the alimony payer fails to comply with the terms of the agreement, the parent with whom the child lives has the right to contact a notary to issue a writ of execution.

An agreement with a perfect execution signature can be transferred to the state executive service.

In this case, alimony will be collected from the payer forcibly in the manner established by the Law of Ukraine “On Enforcement Proceedings”, in the amount stipulated by the agreement, without going to court.

Thus, by concluding an agreement, the payer can be deprived of the right to refuse to pay alimony unilaterally. The terms of the agreement on the payment of child support must determine the amount, terms, as well as the procedure for payment and the grounds for the intended use of alimony and cannot violate the rights of the child established by the IC of Ukraine .

When certifying an agreement on the payment of child support, a notary explains the content of clause 2 of Art. 189 of the IC of Ukraine with a simultaneous indication of this in the text of the agreement regarding the possibility of collecting alimony in an indisputable manner on the basis of a writ of execution in the event of failure by one of the parents to fulfill his obligations under the agreement.

In the child support agreement, parents can indicate the purpose and intended use of the funds. As a rule, the parent who pays child support is interested in this, since according to Art. 179 of the IC of Ukraine, alimony received for a child is the property of the parent in whose name it is paid.

The agreement on the payment of alimony is concluded in writing and notarized. The notary explains to the parents the meaning and significance of the draft agreement and finds out whether its content corresponds to their actual intentions and will.

The notary checks the agreement for compliance with the law and often provides significant assistance in drafting the text of the agreement, taking into account the specifics. If an agreement is not reached between the parents, the notary does not certify the agreement. Dispute resolution falls within the competence of the court.

The contract is binding on the parties, so its implementation is ensured by certain legal means. If one of the parents fails to fulfill his obligations under the contract, alimony may be collected from him on the basis of a notary's writ of execution.

If the father (mother) fails to fulfill his obligations under the alimony collection agreement, alimony is carried out not by a court decision, but on the basis of a notary’s writ of execution by a state executive service body.

This procedure allows a bona fide party to the contract to avoid a judicial procedure associated with a significant investment of time and effort.

Collection of alimony based on a court decision

If it is impossible to reach an agreement between the parents on the voluntary deduction (payment) of alimony by one of them, funds for the maintenance of the child (alimony) may be awarded by a court decision in a share of the payer’s income and (or) in a fixed sum of money (Article 181 of the IC of Ukraine ).

This rule allows courts to award alimony by combining in one decision the recovery of a fixed sum of money and a share of income. However, in practice, alimony is awarded either in a fixed amount or as a share of income.

In each case, the share of the earnings (income) of the mother and father, which will be collected as child support, is determined by the court.

In cases where alimony is collected for two or more children, the court determines a single share of the earnings (income) of the mother and father for their maintenance.

It will be collected from the alimony payer until the eldest child reaches the age of majority.

• a photocopy of the applicant's passport with a registration mark;
• a copy of the birth certificate of the child in respect of whom the statement of claim has been filed;
• a copy of the divorce (or conclusion) certificate.

After collecting all the documents, the state fee is paid and is also attached to the application.

If you know the location and place of work of the spouse against whom the claim is being filed, you can make a request in advance about the amount of his salary and attach the received certificate to the application, otherwise you will need to submit an application so that such a request is made by the court.

A claim for the collection of alimony can be considered in the absence of the defendant; he is informed of the court decision by mail, and a writ of execution is sent to his place of work.

After the court decision on awarding child support comes into force, the writ of execution issued to implement such a decision, in order to enforce the collection of alimony, must be submitted to the state executive service at the place of residence (stay, work) of the alimony payer or at the location of his property .The collection of alimony is carried out in the manner established by the Law of Ukraine “On Enforcement Proceedings”.

How is child support paid?

Payment of alimony amounts can be carried out in three ways:

• through the cash desk of the alimony recipient's enterprise upon presentation of a passport or to another person on the basis of a power of attorney, which will be confirmed by an expenditure cash order;
• by making a non-cash transfer to the recipient’s account, and by court decision - to the child’s personal account opened in a Sberbank branch (Article 193 of the IC of Ukraine). In this case, the confirmation document for transferring money to the recipient will be a payment order and a bank statement;
• by postal order at the expense of the alimony payer, which will be confirmed by a postal receipt.

An appeal to the court to establish alimony obligations is possible only in the absence of an agreement. If it was concluded by the parties, then the court may file a claim to invalidate the transaction and establish a new amount and procedure for paying alimony. If you do not know how to collect alimony after a divorce, we recommend that you use the legal assistance of a lawyer. How to collect alimony after a divorce - a short graphic summary

Child support in 2023: debt and amount

Child support in Ukraine is paid voluntarily - by agreement of the father and mother, or compulsorily - by court decision.

The legal portal will tell you about the rules for calculating alimony, the procedure for collecting it, the minimum amount and the procedure for changing the amount of payments.

A family lawyer will advise you on how to calculate alimony penalties in case of late payment, if there are grounds, to write off or reduce the debt and how to find out the amount of debt in a new way in the Unified Register of Debtors.

Article 27 of the UN Convention on the Rights of the Child, as well as Art. 8 of the Law of Ukraine “On Child Protection” guarantees children the right to a decent (appropriate) standard of living. Direct responsibility for creating appropriate conditions lies equally with the parents, since according to the norms of family law, father and mother have equal rights and responsibilities in relation to children.

One way to protect the interests of a child is to provide financial support after a divorce. Alimony obligations arise from the moment of birth of children until they reach adulthood (18 years). The Family Code provides for the possibility of reducing and increasing the amount of alimony.

How to collect child support from his father through the court?

If the mother and father have not reached an agreement regarding the maintenance of the children, the procedure for establishing the amount of alimony is possible in court. To do this, the parent with whom the child lives must draw up and submit to the district court a statement of claim for the recovery of child support.

List of documents required for awarding payments (recommended list):

• evidence of income from the payer;
• a copy of the child's birth certificate;
• a copy of the court decision on divorce;
• copy of the passport, TIN of the plaintiff;
• the statement of claim and its annexes are for the defendant.

Which court should I file a claim for child support?

In relation to claims for establishing the amount and forced collection of alimony, both general jurisdiction applies - claims are brought at the place of residence of the defendant, and alternative. In other words, a claim for child support in Ukraine can be filed at the place of residence or stay of the plaintiff, which is very convenient for the mother of minor children.

Do I need to pay a state fee to file a claim for alimony?

In accordance with paragraph 3 of part 1 of Article 5 of the Law of Ukraine “On Judicial Tax Fees,” plaintiffs are exempt from paying court fees when considering this category of cases. The costs of ensuring the process are subject to recovery from the defendant.

Minimizing costs concerns not only the amounts of state duty.

The alimony recipient initially does not have to pay for filing a claim in court and other services of a lawyer, but these expenses can be partially or fully recovered from the defendant by court decision.

What are the terms and conditions for paying child support after 18?

According to the legislation of Ukraine, the deadline for payment of alimony is the child’s majority. However, there are a number of cases in which the payment period may be extended. According to the provisions of Articles 198 and 199 of the Criminal Code of Ukraine, parents are obliged to support their adult daughter and son if:

• children are disabled and need financial assistance (in this case we are talking about loss of ability to work caused by health conditions);
• the child continues his studies at a university and therefore needs financial support (the form of education does not affect the right to receive alimony).

At the same time, the key point for awarding parental support for adult children is the income of the alimony payer, i.e. opportunity to provide such assistance.

A claim for the collection of alimony for the maintenance of adult children can be brought simultaneously against both parents - a scientific and practical commentary on the Family Code.

From when is child support awarded?

Filing a claim for alimony has no statute of limitations and can be made at any time while the right to receive financial assistance for the maintenance of the child exists.

According to Part 1 of Article 191 of the Criminal Code of Ukraine, the start date of alimony payments is the moment of filing an application with the court. In this case, the timing of the consideration of the case and the terms of the court decision do not matter.

Child support in Ukraine can be obtained forcibly - according to a writ of execution.

What determines the amount of child support?

Article 182 of the IC, as well as paragraph 17 of the resolution of the Plenum of the Armed Forces of Ukraine No. 3 of May 15, 2006 “On the application by the courts of the norms of the Family Code of Ukraine when considering the certificate of marriage, maternity and alimony reduction” regulates that when considering cases on the establishment and determination of the amount of alimony , the court takes into account the following:

• the health and financial situation of the child and the alimony payer;
• the presence of other children and disabled relatives with the alimony provider;
• other circumstances that are significant.

The minimum amount of child support in Ukraine in 2023 can be calculated based on the norms of the updated family legislation, according to which the amount of alimony paid should not be less than one amount (100%) of the subsistence level for the child.

The minimum alimony in Ukraine for 2023 is about 1,700 hryvnia for a child under 6 years old and 2,100 hryvnia for children under 18 years old.

In practice, this means that previously established alimony amounts can be revised and increased at the request of the recipient (usually the child’s mother).

How is the amount of alimony as a share of earnings determined?

The percentage of the alimony worker’s salary, which is the subject of the enforcement service’s recovery, varies.

Typically, for one child it is 25%, for two children – 33%, for three or more – 50% of the earnings (income) of the alimony payer, but not more than 10 subsistence minimums for a child of the corresponding age.

Factors to consider in a lawsuit are outlined in the previous answer. But it is worth remembering that this form of receiving child benefits is unacceptable when income is difficult to prove.

When is alimony ordered to be paid in a fixed amount?

It is important to insist on this if the alimony payer has irregular, unstable income, if part of it is paid in goods (services), as well as in the presence of other circumstances of significant importance.

Under such conditions, establishing child support in a fixed amount provides greater stability in the maintenance of the child. This method is recommended when collecting alimony from sailors - a share of the salary is of little use here.

Alimony from an unemployed person

Receiving alimony from an unemployed person in Ukraine is always awarded in a fixed amount. If an unemployed person has unofficial income, alimony only needs to be paid in a fixed amount. As a percentage of earnings, the amount of payments for the unemployed is not established due to the lack of official employment and confirmation of receipt of wages by the payer of alimony.

The presence of apartments, cars and trips abroad of the alimony payer is not direct evidence of high income, however, these circumstances must be taken into account by the courts when making a decision.

How to increase or decrease the amount of alimony?

The family legislation of Ukraine provides for the possibility of changing the amount of alimony established by the court or by agreement between the parents.

The initiator of this process can be both the recipient and the payer of alimony.

The amount of payments increases or decreases, depending on changes in financial or marital status, deterioration or improvement of the health of one of the parents, and in other cases provided for by the Family Code.

Important: when satisfying claims to change the amount of alimony, the new amount will be charged from the date the court decision enters into legal force, and not from the moment the claim is filed.

What is the procedure for the participation of the alimony worker in the additional payment? costs?

Part 1 of Article 185 of the Family Code of Ukraine imposes on the payer of alimony (father, and in some cases, mother) the obligation to take part in additional expenses caused by special circumstances.

For example, additional costs may be required for the development of the child’s abilities, his rehabilitation or treatment, etc. Coverage of expenses can occur after they actually arise or in advance.

Legal action is possible.

The legal nuances of additional financial expenses for a child are discussed in detail in the profile article of a lawyer for family disputes about the participation of fathers in additional expenses for children , and then you can familiarize yourself with the template of an application to the court for the collection of alimony.

How to apply for alimony in Ukraine (example application)?

You can view and download a sample claim for child support below.

Download a template for a claim for alimony

How to index child support?

The procedure for indexing child support is regulated by the Law “On Amendments to Some Laws of Ukraine regarding the indexation of the amount of alimony determined by the court in a fixed monetary amount.”

According to the specified legal acts, the amount of payments for child support must be indexed in accordance with the Law of Ukraine “On the Indexation of Penny Income of the Population”.

The initiator of indexation is the state executor or the enterprise where the alimony payer works.

Debt on alimony

Article 194 of the Family Code of Ukraine provides that alimony may be collected according to a writ of execution for the past time, but not more than three years preceding the presentation of the writ of execution or a notary’s inscription for execution.

At the same time, the three-year limitation period does not apply if, according to the writ of execution, alimony cannot be collected due to the search for the alimony recipient or his presence abroad. In this case, alimony payments are made for the entire past period, regardless of the timing of the search for the debtor.

A child reaching adulthood is not an obstacle to debt collection.

How to calculate alimony arrears?

The procedure for calculating arrears for alimony awarded as a share of earnings provides for determining the actual income of the alimony recipient received during the time the debt arose. Moreover, if the alimony payer was unemployed at the time the debt arose, but has a job at the time the amount of the debt was determined, the debt is calculated from the earnings received.

A separate point when calculating the amount of alimony debt should be considered is the option when the alimony provider did not work at the time the debt arose and does not work during the period when its amount was determined.

In this case, the amount of debt is calculated based on the average employee salary for a given area. The amount of alimony debt is calculated by the state executor, the private executor, and in case of a dispute - by the court (Art.

195 of the Family Code of Ukraine).

What penalty is paid for late alimony?

According to Ukrainian legislation, in addition to paying off alimony debt, the debtor may be held financially liable for late payment of alimony. So, in accordance with Art.

196 of the IC, the recipient of alimony has the right to collect a penalty (penalty) in the amount of 1% of the amount of unpaid alimony for each day of delay.

However, it is immediately worth noting that you can count on receiving a penalty only if a debt arises through the fault of the alimony provider.

Important! If the payment of alimony is made not by a court decision, but in accordance with an agreement concluded between the parents, the accrual of penalties is possible only with a direct indication of this in the agreement.

How to avoid paying arrears on child support?

Taking into account the financial and family situation of the alimony holder, the court has the right to defer or spread out the payment of alimony arrears. In addition, at the request of the alimony payer, a decision may be made to fully or partially exempt him from paying arrears of alimony if it arose in connection with a serious illness or other circumstance of significant importance.

All about alimony

In accordance with the Family Code of the Russian Federation, funds provided by parents for the maintenance of their minor children, and by family members to their adult relatives (spouses, grandmothers, etc.) or children, are called alimony .

But what to do if parents refuse to pay child support, and family members do not provide assistance to their disabled loved ones? To protect the rights of these persons, Russian legislation provides for various forms of payment of alimony, the procedure for determining their amount, and also describes the procedures for assigning and collecting financial assistance.

Our website will help you understand the intricacies of alimony relations, and if necessary, legal assistance will be provided by professional practicing lawyers .

Are you in a confusing situation? Still have questions? Take advantage of express consultation and find out how to solve your problem! Express consultation

According to Russian family law, the obligation to pay child support lies with the parent who refuses to voluntarily support his children.

And in some cases, on one of the able-bodied spouses, or on the former spouse (in case of divorce).

In addition, the responsibility for supporting needy relatives may fall on adult able-bodied children, spouses, grandchildren, etc.

The main factor in this case is the correct evidence base that the person is not fulfilling his responsibilities to support needy family members . The materials on this site can help you correctly identify the subjects of alimony payments, and if the collection is directed in your direction, then find an argument to avoid illegal claims.

Who gets paid

Chapters 13 - 15 of the Family Code of the Russian Federation establish categories of citizens entitled to receive alimony:

• minor children in respect of whom their parents do not fulfill their maintenance responsibilities;
• adult disabled children;
• disabled low-income spouse;
• wife during pregnancy, as well as for three years from the date of birth of the common baby;
• a spouse who cares for a common disabled minor child, or a group I disabled person since childhood after 18 years of age;
• a former spouse who cares for a common disabled child under 18 years of age, and after that for a group I disabled child;
• a disabled former spouse who lost his ability to work before the divorce, or within a year after that moment;
• a spouse who became an old-age pensioner within five years after the end of the marriage relationship and needs financial support.

Each of the groups indicated in this list can receive payments, but the procedure for assigning them and the specifics of collection differ in each specific case. Here you can find detailed descriptions of how alimony is collected for each type of recipient, and find answers to questions on a topic that is important to you.

Alimony within and without marriage

Couples living together without formalizing the relationship is a fairly common occurrence.

But citizens living without marriage registration still have mutual rights and responsibilities, especially to provide for common children .

By going to the appropriate section on our website, you can find out what kind of protection of their property and non-property rights children born out of wedlock can count on.

Also, thanks to our specialists, you will be able to understand the intricacies of the paternity determination procedure, which is mandatory in cases where the father is not included in the birth certificate of a child born out of wedlock. Indeed, in this case, an unconditional determination of the father’s identity based on the fact of birth is not applied.

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

Often the parents of the baby come to an agreement, and paternity is determined voluntarily by making an appropriate entry in the birth documents, and if this was not done, then in court . And then it becomes important what evidence the mother can provide, and which of it is taken into account by the courts.

If you are still in a marital relationship, and you are additionally interested in the legal subtleties and consequences of divorce from your spouse, issues of determining the place of residence of a child after a divorce, and the division of jointly acquired property, then the specialized website razvod-expert.ru will help you.

Methods of accrual (in shares, in a fixed amount)

Regardless of whether alimony is assigned within or outside of marriage, the main method of calculating it for the maintenance of minor children is the shared method of withholding.

In the following cases, if a voluntary agreement is not reached between the parents, alimony for minor children may be collected by the court in a flat sum of money (TDS) or in a mixed way:

• the parent obligated to support has irregular or fluctuating income;
• the alimony recipient receives income in kind or in foreign currency;
• the payer has no official income;
• assigning payments in proportion to the parent’s income is difficult or will violate the interests of the minor.

But in cases where alimony is assigned to adult family members in need (disabled children, spouses, parents, etc.), the law directly stipulates that their amount is determined in fixed monetary terms .

Article 81 of the Family Code provides for the following amounts of monthly payments in shares of earnings for minor children:

• 25% - for one;
• 33.33% - two;
• 50% - for three, 4 or more.

The calculation of alimony in the TDS is inextricably linked with the cost of living for a specific category of persons in the region of residence or in the Russian Federation as a whole. This means that when deciding on the amount of alimony, the court takes into account the fact that alimony must satisfy the basic needs of the recipient of financial assistance.

In each specific situation, the final amount of alimony depends on the choice of the correct method of calculating alimony.

For example, if one of the parents has a high stable official income , then it would be more reasonable to assign payments in shares of it.

Here it is important to know how to identify all sources of income, as well as to be able to calculate which accrual method will be the most profitable, taking into account that these payments can be made for quite a long time.

Amount of alimony (how is it calculated, minimum, average, maximum) in 2023

One of the most important issues when collecting alimony is its amount. As a rule, the interests of the paying parent and the recipient collide.

As a general rule, the amount of deductions must be no less than the level of support for the child in the normal performance of both parents of their duties, but at the same time the child must be provided for at a level not less than the minimum standards established by the state, that is, the subsistence level for minors.

There are no questions if the parents enter into an agreement among themselves. In this case, the main thing is that the deductions they agreed on are not less than those provided for by law .

The court decides to assign sizes based on the financial situation of the child and both parents.

In addition, the marital status of the parties is taken into account, as well as other circumstances relevant to ensuring the rights of children.

Given that the costs of the child must be borne by both parents in equal shares, judges study case materials in order to determine their capabilities and the needs of the children.

The Family Code establishes the percentage paid from the parent’s income as alimony.

According to executive legislation, collection of alimony debt cannot be applied to more than 50% of the employee’s salary. However, if funds are collected from minor children

How to apply for alimony after divorce

If the spouses divorced, but did not agree in advance on the conditions and procedure for paying alimony, then this can be done after the divorce . The statute of limitations rules do not apply to such cases.

It is possible to resolve the issue of providing assistance in maintaining common children by drawing up an agreement or filing a claim with the magistrate at the place of registration of one of the former spouses . If the dispute is resolved in court, the claim will need to be accompanied by documents confirming the validity of the stated claims.

Is it possible to apply for alimony after a divorce?

Married parents are required to bear the costs of maintaining their minor children jointly . Divorce does not mean the end of the former spouses' financial responsibilities.

After the divorce, many questions arise regarding the continued existence of the family, including financial support. Namely, the calculation of alimony. There are many nuances here regarding who makes payments, to whom, when, in what amount and within what time frame.

Alimony is funds paid by one former spouse to the other, intended to provide financial assistance (cash or in kind). They can be paid or transferred voluntarily or compulsorily (by court).

Spouses can resolve this issue before a formal divorce or when considering a divorce case. For example, cases of divorce and collection of alimony can be considered at the same time in one meeting.

It is also possible to file a claim with the court to recover funds after a divorce.

How long after a divorce can you file for alimony?

Based on Art. 107 of the Family Code of the Russian Federation, the rules of limitation periods (the period established by law during which the plaintiff has the right to file a statement in defense of his rights) do not apply .

After a divorce, it is possible to file a claim in court for the collection of alimony at any age for children until they reach adulthood (18 years). It should be noted that funds for the maintenance of minors are subject to payment from the moment they go to court if a positive decision is made.

Example

The Ivanov couple divorced when their common son was three years old. The ex-wife went to court to collect alimony when the child turned five years old. Consequently, payments will be assigned from the date of application to the court until the minor reaches eighteen years of age.

https://www.youtube.com/watch?v=YzGIbalzNQo

The following have the right to demand payment of alimony (Article 90 of the Family Code of the Russian Federation (FC RF)):

• ex-wives during pregnancy, as well as for three years from the date of birth of a joint child;
• a former spouse who is caring for a joint disabled child until his eighteenth birthday or a disabled child of Group I since childhood;
• a needy disabled husband or wife who became so before the divorce or within a year after it;
• a needy spouse who has reached retirement age no later than five years from the date of divorce, provided that they have been married for a long time.

The statute of limitations applies to requests for debt collection for previous years. It is equal to a three-year term.

This means that if the court made a decision to transfer alimony, and which was subsequently not paid over the past three years, then the ex-wife has the right to file a claim to collect it.

But in this case, it will be necessary to provide evidence that the defendant deliberately evaded payments.

Where to apply for alimony after divorce

In cases where one of the spouses does not want to fulfill their obligations to support the child, the parents need to resolve this issue together through negotiations. They can prepare and sign an agreement on the procedure for paying alimony , which includes all the necessary points regarding payments to the ex-spouse caring for a minor. You will need to indicate:

• the amount of monthly payments;
• the date no later than which the funds must be transferred;
• how payments will be made (in cash, by transfer to a bank account or card, and so on);
• provide for payments of additional funds in the event of a child’s illness, etc.;
• the possibility of changing the payment procedure and amount of alimony;
• liability of the former spouse in case of violation of the terms of the agreement;
• other information that may be relevant.

At the request of the parents, it is possible to provide in the document a schedule of communication with the child .

When the agreement is ready, you should contact a notary who will notarize it. After this, this document will have the force of a writ of execution .

However, if it was not possible to find some kind of compromise on this issue, the parties could not agree, or for some reason one of the spouses thinks that he should not fulfill the requirements of family law, the dispute over the collection of alimony from him can be resolved in court (clause 2 Article 80 RF IC).

1. One fourth of earnings per child.
2. One third part is for two children.
3. Half of earnings for three or more children.

In this case, the family, financial situation of the parents and other circumstances will be taken into account (clause 2 of Article 81 of the RF IC).

If the ex-spouse who is obligated to pay alimony has an irregular income or is unemployed (that is, he has no income), then the court may determine the amount of funds collected monthly in a fixed sum of money (clause 1 of Art. 83 RF IC).

There are certain principles according to which such disputes will be considered in court. These include:

• equal obligation of former spouses to support a minor child;
• the obligation of parents to support their common children, regardless of when they were born - before or after divorce;
• court decisions in cases of alimony collection are valid throughout the country;
• equality of all existing children of one parent to receive full maintenance from him.

If the former spouses did not come to a common opinion and it was decided to sue for alimony, then you need to take into account some nuances.

If there are several common children , then after the court makes a decision according to which the parent who is evading the transfer of funds for the maintenance of the child will be obliged to pay alimony, such a document will be valid for a certain time. Namely, until the eldest child reaches the age of eighteen.

After this, the amount of deductions must also be reviewed in court, taking into account the number of remaining common minor children.

It happens that a person has doubts about whether he has the right to go to court with such a claim. So, an application for the collection of alimony can be filed by a former spouse in cases where, by a court decision, minor children remain to live with him after the divorce. This is not affected by the fact who initiated the divorce.

According to established judicial practice, children under the age of eighteen remain under the guardianship of their mother . Consequently, she is the plaintiff in such a child support case. Single fathers also have the right to file such an application for the recovery of financial assistance if the children remain with him and he provides for them without the financial support of his ex-wife.

Situations are possible when children remain with both the father and mother. In this case, alimony can be collected from one of the spouses in favor of the other, who is less wealthy (clause 3 of Article 83 of the RF IC). In this case, payments will be determined in a fixed monetary amount.

If the applicant has great financial difficulties, the court may temporarily assign some monetary support before making a decision on alimony.

Claim for alimony

The statement of claim will be accepted if it is drawn up correctly. Such a document must necessarily contain an appeal to the court . It must indicate:

1. Number of the precinct of the magistrate to whom the application is being submitted.
2. Passport details of the plaintiff and defendant: last name, first name and patronymic of the person, address of residence.

The statement also consists of a descriptive part . It must reflect all the circumstances relevant to the case. Here you need to clearly and in detail explain all your requirements to the defendant.

Then comes the petitionary part , which contains a request for the collection of alimony for the maintenance of children.

You can also ask the court to invite the other parent to participate both in the expenses already incurred and in those that will be incurred in connection with the child’s illness and other circumstances (clause

1 tbsp. 86 RF IC). After this, you must put a date and signature .

The claim ends with the paragraph “Attachments” with a list of documents that the plaintiff attaches to this application. The documents specified in the application must be attached to only one copy of the claim.

Documents for filing for alimony

In order to file a claim against your ex-spouse for alimony for minor children after a divorce, you must prepare certain documents and their copies. These include:

• identity documents (passport) of the plaintiff and defendant;
• certificate of divorce;
• birth certificates of children under the age of majority;
• income certificates;
• certificate of family composition;
• receipt of payment of state duty.

In some cases, it will also be necessary to provide other documents confirming the grounds for the claims made against the defendant, that is, which indicate the plaintiff’s need for financial support. This could be the following information:

• about disability;
• about retirement;
• from the hospital about registration for pregnancy.

It is not prohibited to attach to the claim other documents that, in the opinion of the applicant, may clarify the current situation.

If you do not know about the income of the other spouse, then to obtain this information you can contact the magistrate court by filing an appropriate petition. He will request from the competent authorities the relevant data, which will be attached to the case under consideration.

The judge, at his discretion, may require other documents in addition to the listed documents. This can be found out directly at the court hearing.

Questions from our readers and answers from a consultant

According to family law, you have the right to file a claim with the court for the recovery of alimony for the maintenance of common children at any time, but before they reach the age of eighteen. Payments will be accrued from the date of application to the court.

After the divorce, my son stayed with me. Upon divorce, we entered into an agreement and had it certified by a notary. Four years ago he started a new family, and since that time he has stopped making payments.

This year my son turned 18 years old and went to study at a university, so we need money to pay for his studies.

Can I sue my ex-spouse to recover back alimony payments for these four years?

Since upon divorce you signed and notarized an agreement, you have the right to sue your ex-spouse to collect arrears of alimony, but only for the last three years preceding the application to court.

My daughter entered a university as a full-time student. She turned 18 years old. Until this time, the ex-husband paid alimony regularly without delay. Can I apply for child support again due to my child's education?

Child support is payable only until the child reaches adulthood. After this, it is impossible to recover funds for the maintenance of your common eighteen-year-old child. According to Article 85 of the RF IC, only disabled adult children (for example, those who are disabled) have the right to demand alimony from their father.

How is child support paid after divorce?

How support paid for a child born in a civil marriage ? Tolya and I lived together in a civil marriage for 11 months. We have a son. Tolya admitted paternity. Now we are separated. He got married and they are waiting...

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If paternity has been officially established, you have the right to receive 1/4 share of earnings and (or) other income for the maintenance of a minor child . After the birth of the second child , the amount of alimony can be reduced to 1/6 of the share.

Good luck!

If he admitted it, then his last and middle name must be on the register, then you can sue for alimony , but if not, forget it. Of course, it does! The main thing is that he is recognized as the father! 25% per child , and the amount for your maintenance while you are with...

How much alimony paid during a divorce if we have four children ?

You can define this in the agreement. If there is no agreement, then half of the parent’s earnings and other income is recovered children

50% from all types of income. In my opinion, the alimony is the same as for 2 children . Further - it’s no longer considered, as if it’s too much... 50% of all income 1 child - 25% 2 - 33% 3 or more - 50% Do you need this scam ? 50% of officially employed...

About divorce ... I am divorcing and have a 3.5 year old daughter. On October 1 there was a court hearing in our case, we were given 3 months “to reconcile.” In the statement of claim, the husband...

for alimony at any time if your husband refuses to pay it voluntarily. But it’s really better to draw up an agreement on alimony and have it certified by a notary (certification cost RUB 500-600). In his claim, the husband...

for alimony ; you yourself must file a counterclaim for alimony ; no one will impose anything on you…. Damn, how I feel sorry for you. I answer point by point: 1) the husband, of course, can change his position until...

Interesting situation. A friend of mine pays child support for a child from his first marriage . In the second he has two children . His second wife dies. children in his arms . One is not even a year old. An acquaintance is forced to take a vacation...

It is difficult to say how the situation may develop if you do not know the amount of alimony paid and on what grounds the application for review of the amount of alimony . Any decision can be appealed if you don’t agree with it, but having in your hands...

After the divorce, will the husband continue to pay alimony for the maintenance of his wife for child up to 3 years old?

a child under 18 ? for a child in the sense of Yes, if you make such a demand! Article 90. RF IC The right of the former spouse to receive alimony after divorce
1. The right to demand the provision of alimony in court...

If my husband is listed on the labor exchange, and after the divorce apply for alimony , pay ? (how much for 2 children).

In any case, he will pay; the state does not pay anything. For two people, 33%, not 50. They should deduct from his salary, at 2 percent, 50 I think... the court can set either a fixed figure or a percentage (of the total income) and pay ...

I have been married for 21 years and have 2 children, what can I count on after a divorce from my husband? I have been married to my husband for 21 years, we have 2 children , 23 years old and 18 years old daughters, right now. have been divorced for 4 years, but I can’t find out if we have any laws...

DURING THE DIVORCE, WAS A DIVISION OF PROPERTY MADE? Was the apartment privatized before the divorce ? When children 18 years of age, the father's obligation to pay child support . Your husband has no obligations towards you.

I think this is mean on your part - he left the apartment to you, pays the elements for your daughter, what else can you ask for? so it’s not humane Only for 50% of the property acquired in the barge and alimony for minor children . memories Buy the law...

..My husband and daughter lived in another city in a communal apartment, privatized by his mother. Then we came to my parents in Mo. My husband and daughter lived in another city in a communal apartment, privatized by his mother. Then we came to my parents in Moscow (my mother got married and left...

You cannot claim the housing space on your husband’s side due to the registered ownership of his mother, and not your husband... all that remains is to go to court, after which the father will be obliged to pay alimony for ...

You need to contact the bailiff service with an application for alimony , you never know what he wants or doesn’t want!

Is it considered...? if the ex-husband does not officially pay alimony , but gives the child’s money every month, but this is not recorded anywhere. If you apply for ...

Alimony paid from the date of divorce

Alimony can be recovered within a three-year period. But in this case, which you describe, it would be disgusting... Why did you decide that the decency of your ex-spouse and his ignorance of law enforcement practice gives you the right to violate...

need a legal entity consultation!!! my husband is a citizen of Ukraine, his ex-wife is a citizen of the Russian Federation, they have a child , 5 years old, during the divorce in 2003 alimony , he...

firstly, the fact that they have different citizenship in no way relieves them of the obligation to take care of children (this is stipulated in the legislation of both Ukraine and the Russian Federation). to pay child support . As for the second part of the question...

Dear Lawyers!!!!Help me with this question. Is a husband, after a divorce to support his wife, who is able to work when the child enters kindergarten? Is the wife obligated when the child kindergarten...

the child turns 3 years old, the child’s has the right to receive alimony for her maintenance. Alimony can be collected in court; its amount will be set by the court in a fixed amount. Alimony for maintenance...

no one is obliged to do anything, the husband only has to pay the elements. The husband is not obligated in any way. And the wife has to go to work. The ex-husband is obliged to support the child , to pay alimony , and you are now a stranger to him, just like he is to you...

How to deprive a child's of parental rights? How can this be done easier and faster? What documents are needed? We live in St. Petersburg, and dad is in another city. My daughter is almost 16 years old. she has never seen him, on his initiative. He is a drunk and has a different family….

The answer to your question is contained in the Family Code of the Russian Federation http://www.consultant.ru/popular/family/20_15.html#p581 Article 69. Deprivation of parental rights Parents (one of them) may be deprived of parental rights if they: evade from…

Why are you making your mother an orphan? You want to leave fatherlessness, you are making a divorce. You better alimony to . Only the court can do this. It is necessary to file a demand for a reasoned deprivation of the father's parental rights. Is it worth depriving him...

Is the father obliged to pay alimony before the divorce or for the period before the court’s decision? We are not divorced, but we live separately, she filed for alimony , but for divorce ... I’m still unemployed... how will they calculate it...

Article 106. Collection of alimony by court decision In the absence of an agreement on the payment of alimony , family members specified in Articles 80 - 99 of this Code have the right to apply to the court with a demand for collection of alimony . Article 107. Time limits...

Obligated from the moment the decision comes into force If after the divorce apply for alimony immediately, you can request it for the past 6 months. Must! You can get into trouble during my divorce , my wife filed a court decision with the accounting department...

Alimony from the father, if the child is 2 years old, the mother is a caregiver and does not work? The situation is this:
the ex demands half for the windows, the battery... (as joint property)
and increased alimony , and for studies...