Misuse of alimony: fact, report, responsibility.

Today, there are often cases of violation of the intended use of alimony. Some mothers violate the legal right of their offspring to financial support from the second parent who left the family. Therefore, in this article we will examine the most pressing issues related to such an issue as the misuse of child support.

Misuse of alimony: how does legislation protect the interests of minors?

The norms of the Family Code (abbreviated as SC) protect the interests of children, therefore they specifically stipulate for what needs child support funds can be spent. This:

• nutrition,
• clothes, shoes;
• financing of studies (courses);
• upbringing;
• treatment;
• entertainment and relaxation.

Unfortunately, there are cases when a single mother spends her children's funds on herself. How to prove to the alimony payer the misappropriation of alimony funds and how to change the situation? The RF IC (Article 60) states that alimony assistance from the parent who left the family goes to the disposal of the second parent raising a common child. That is, the money goes to the parent with whom the child lives together.

But modern legislation does not assume the function of controlling the expenditure of funds. Therefore, the law does not provide for punishment of alimony recipients for misuse of money.

How to make a mother responsible for the misuse of children's money?

In case of alimony being used for other purposes, the payer of compensation paid for the child's maintenance is offered some ways to influence the recipient:

1. Ability to control child support using payment documents.
2. The ability to request information from the bank about the status of the account and where the expenses were sent.
3. Possibility to transfer part of child support payments to the child’s bank account. The student will be able to use this money upon reaching his 18th birthday.
4. File a claim on the basis of which the alimony provider will assume the responsibility of raising the child.
5. The opportunity to deprive a parent of the right to raise a child and take responsibility for the use of child support payments.

The court can take away the mother’s right to raise children under the following circumstances:

1. The mother does not want to satisfy all the key needs of the child.
2. The mother leads an immoral lifestyle.
3. The money is not spent on the child, the proof will be the facts of drinking alcoholic beverages and using drugs.

On a note! If the alimony payer has suspicions that the recipient is spending children’s funds for other purposes, then control of their use should be immediately arranged. The mother must be required to provide receipts for all child support expenses.

What control methods exist?

You can control the alimony recipient in different ways:

1. Voluntary arrangement. In this case, the alimony recipient must voluntarily agree to collect all receipts for embezzlement in order to subsequently confirm the intended use of the money. But if the mother refuses to report, the father will not be able to force her legally.
2. Alimony agreement. To prevent the situation described above from occurring, a child support agreement for the waste of children's transfers is drawn up and certified by a notary. Any changes made to the agreement must be confirmed by the signature of a notary (RF IC Article 99 and Article 101).
3. Control of expenses by court decision. Legally, the father will not be able to control how the mother of his child spends child support payments. But the situation may change by court decision. To do this, you will need to submit an application to change the method of transferring child benefits to the court. It is accompanied by evidence that child benefits are being spent for other purposes.

On a note! In judicial practice, they most often resort to percentage transfers of money, where 50% of the monthly payment is transferred to the child’s account and half to the alimony recipient.

How to legalize the transfer of part of alimony to the account of a minor?

Based on the Code of Civil Procedure of the Russian Federation (Article 203), the corresponding claim is submitted to the court that previously made a decision on making child payments. There is no state duty imposed on this requirement.

The probability that the request will be satisfied is 50%.

To achieve a positive court decision, you will need witnesses and strong, supporting evidence about the improper waste of child benefits.

The following points may serve as evidence of misuse of funds:

• reports from representatives of the commission on affairs of minors;
• acts of guardianship authorities that reflect the poor conditions in which the child lives;
• information about the salary of the father and mother;
• availability of a loan from the recipient of child assistance;
• payments for non-targeted expenses.

Attention! In addition to documents proving the misuse of alimony, the following documents must be provided for judicial proceedings:

• a court order for alimony payments issued by a previous court;
• reporting information from bailiffs;
• a certificate from the alimony payer’s work about the amount of salary and the amount of monthly deduction;
• a document confirming the breakup of a marriage or its existence.

Judicial practice confirms that the court often takes the side of the recipient if the minor pupil does not experience need, and the home living conditions comply with the standards. If the court raises the issue of percentage division of child benefits (i.e.

one party wants 50% of the money to go to the child’s account), then parents will be required to guarantee that under such conditions the financial situation of their child will not worsen.

After all, he can withdraw alimony payments from the account only when the child reaches his 18th birthday, or with the permission of the guardianship authorities in a vital situation (for example: for the treatment of a minor child).

Current questions and answers

1. Question. The mother does not allow the child support payer to find out in what conditions their child lives together. How to prove that the living conditions of the offspring are unsatisfactory? Answer. The alimony payer can contact the guardianship authorities and ask representatives of this structure to study the conditions in which the offspring lives and submit an official report. On its basis, the child’s father will be able to demand that the mother report on the waste of children’s funds.
2. Question. The husband found out that the mother of the child directs all child payments to her own needs, without satisfying the needs of the baby. What should a father do in such a situation? Answer. File a lawsuit to change the child’s place of residence. But here the alimony payer will need to prove that the child lives in inappropriate conditions and the mother does not show care for him.

On a note! From the age of 10, minors have the right to independently determine with whom they want to live. This factor may be decisive for a court decision.

1. Question. How to enter into a voluntary agreement to pay child support so that the child’s father can control the cost of child support? Answer. In this situation, when drawing up a voluntary agreement to pay child support, the father must insist that the agreement stipulate the conditions for control over the expenditure of children's funds. The legitimacy of the contract is confirmed by a notary.

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Responsibility for misuse of alimony

A father who regularly pays alimony hopes that his ex-wife will spend it exclusively on the needs of the child - clothing, food, treatment, toys, education and other needs. But there are cases such as misuse of alimony from the mother’s side. Such actions violate the rights of children to receive financial assistance from their parents. Therefore, the payer tries to control where the money is spent. How to control the spending of alimony? And what should you do if the recipient uses alimony for other purposes?

Protection of the rights of minors by law

The Family Code of the Russian Federation strictly protects the rights and interests of children. The legislation allows the use of alimony payments received from the second spouse for the following purposes:

• nutrition;
• payment for educational institutions;
• treatment, medications;
• recreation, toys, entertainment;
• upbringing;
• clothes and shoes.

Unfortunately, there are cases when a single mother spends her children's funds on herself. How to prove to the alimony payer the misappropriation of alimony funds and how to change the situation?

Article 60 of the RF IC establishes the procedure for receiving child support by the second parent who is raising a minor. This means that the funds go to the mother’s bank account. Today, Russian legislation does not exercise control over the waste of alimony and does not provide for punishment for its misuse.

If the payer suspects that the alimony payments received from him are being spent by the claimant not on the needs of the child, he can try to control the mother.

Control methods:

1. Agreement with the recipient. This method implies that the recipient of alimony will report to the payer about the financial transactions carried out. That is, voluntarily collect all receipts and receipts to confirm the intended use of alimony payments.
2. Agreement on payment of alimony. A child support agreement can be drawn up between the parties, defining the procedure for spending transfers for the child. The document is certified by a notary and drawn up in the presence of both parties. If the former spouses make any changes to the agreement, then each of them is certified by a notary office (Article 99 and Article 101 of the RF IC).
3. Control based on a court decision. Of course, the court cannot grant the payer the legal right to control the recoverer's expenses. But it is possible to file a claim demanding a change in the method of transferring alimony payments. By attaching evidence of misuse of alimony to the application, you can obtain a court decision to transfer funds directly to the child’s account.

Judicial practice shows that most often judges use percentage transfers, when 50% of the payment is transferred to the recipient’s current account, and the second half to the child’s account.

Ways to influence the recipient of alimony

Russian legislation does not provide for liability for misuse of alimony. But still, the payer has the opportunity to influence the recipient in one of the following ways:

• control payment expenses by requesting checks and expense receipts;
• request a statement of the status of the personal account to which alimony is received;
• apply to the court with a request to transfer part of the monthly payment to the child’s account (the child will be able to receive the funds after reaching the age of majority);
• file a claim to change the child’s place of residence, impose parenting responsibilities and receive alimony from the mother;
• deprive a parent of parental rights.

In order to apply for deprivation of a mother's parental rights, it is necessary to prove:

• the fact of ignoring the child's needs;
• wasting money on bad habits;
• leading an immoral lifestyle.

At the first suspicion that the recipient of alimony is not using it for the needs of the child, it is necessary to begin to control expenses. It is better to try to negotiate with the mother about reporting.

The claim is filed with the judicial authority that made the decision to impose alimony obligations. The application is drawn up in the form of a request to change the order of alimony payments (Article 203 of the Code of Civil Procedure of the Russian Federation). This type of claim is not subject to state duty. The plaintiff has exactly the same chance of a positive decision from the judge as of a negative one.

To increase the likelihood of obtaining a positive decision, it is necessary to provide the court with evidence and attach additional documents:

• report of the commission on juvenile affairs;
• a certificate confirming the income of the alimony recipient;
• act of the guardianship authorities on checking the living conditions in which the child lives;
• loan agreement of the recipient of alimony;
• certificate of debt on loans;
• checks confirming large expenses that are not in the interests of the child.

It is also necessary to submit a writ of execution on the collection of alimony, reports from the bailiff service, a certificate from the place of work indicating the amount of wages and alimony deductions.

If the claimant does not spend money on the child, but the inspection commission does not notice any violations in living conditions, and the child himself does not need food, clothing, or shoes, then it will not be possible to prove the misuse of alimony.

The payer must submit an application to the accounting department at the place of work with a request to transfer part of the alimony to the child’s account.

Changing the place of residence of a minor

Taking a child away from the mother is the harshest way to punish for misuse of child support. Most often, child support payments are made by the father while the child lives with the mother. If the court makes a positive decision and determines the child’s place of residence with the father, child support obligations are assigned to the mother.

In practice, courts only take children away from their mother in exceptional cases. The plaintiff will have to present irrefutable evidence that the mother is not fulfilling parental responsibilities in good faith and the child is in need (despite the regular receipt of child support payments). In this case, the judge will side with the father.

If the parent with whom the child lives an immoral lifestyle, he abuses bad habits, then the requirement for deprivation of parental rights is relevant. By law, the opinion of children is taken into account if they have reached 10 years of age.

Last changes

In 2023, there are no significant changes in legislation on this issue.
Our experts monitor all changes in legislation to provide you with reliable information.

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Responsibility for misuse of alimony

First of all, let us remind you that alimony is the maintenance of minors or adult disabled children and other categories of citizens. The form of alimony can be either cash or in kind. The payer of child support is the parent living separately from the children. The recipient of the funds is the parent (or legal representative) with whom the minor remains to live.

It often happens in life that child support providers are negligent in fulfilling their parental obligations. At the same time, not all alimony recipients comply with the requirements of the law and spend the funds for their intended purpose. As a result, the needs of the son or daughter are not met, and the money is spent on other than the personal needs of the other parent.

How to track where the alimony recipient spends the funds? If the funds are not spent on children, can this fact be proven? Is there liability for using alimony for purposes other than its intended purpose? We will try to figure this out.

According to Art. 60 of the RF IC, all funds belonging to minor children go to their legal representatives. The latter are the managers of money, including alimony. For example, a mother, having received financial assistance from her ex-husband, must spend it on the child. But this is a theory.

But in practice everything is different. There are often situations when recipients use funds for other purposes. Eg:

• the loan or other debt obligations are repaid using the money received from the second parent;
• wardrobe items are purchased that are not intended for children;
• funds are spent on trips abroad and so on.

It is possible to control expenses. However, it's not that simple. In addition, there is another problem regarding the responsibility of the alimony recipient: there are simply no sanctions for inappropriate spending of alimony in the law.

What should conscientious payers who want their children not to be in need do? Are there effective methods, or can one only rely on the conscience of the other parent?

There are methods that can force the claimant to act in the legal field.

Measures of influence on unscrupulous alimony recipients

As we noted earlier, there is no liability for spending alimony funds for purposes other than their intended purpose. This means that neither family, nor administrative, nor even criminal legislation contains norms that directly indicate the possibility of applying sanctions against an unscrupulous alimony recipient. But there are still effective methods.

First of all, it is necessary to establish control over the expenditure of funds. How can this be done in practice?

Control over the spending of alimony

Control methods depend on which executive document established child support.

If funds to support a child are transferred on the basis of an oral agreement, the alimony payer can only ask the recipient to keep records and provide documents that indicate the expenditure of money (receipts, checks, contracts). If the mother refuses, no one can force her to report.

How to prove that alimony was transferred unofficially? You will find out by reading our article.

• You can more effectively control the expenditure of alimony if a written, notarized Agreement on Child Support is concluded.
• When drawing up a document, the payer must insist that there must be a procedure for monitoring the expenditure of money.
• Why is the Agreement an effective control method?

• Firstly, if the document specifies such conditions, the alimony payer has the right not to ask, but to demand the provision of reporting documents.
• Secondly, the Agreement is an executive document. If necessary, bailiffs can exercise control over the spending of money.

If the executed Agreement does not contain a section regarding control over the use of alimony, the parties can make additions by documenting everything. Of course, with mutual voluntary consent.

If the child’s mother refuses to make such changes, and there are no other conditions that would allow tracking of expenses, control over payments is possible, but only with her consent.

We described in this article how to correctly draw up an alimony agreement.

Many parents believe that it is much easier to control child support established in court. This is a misconception. Based on legal practice, there is also a problem here.

To obtain the right to claim, it is necessary to submit a corresponding application to the court, in which the position regarding control must be substantiated. Next, it is necessary to prove that the transferred funds were not spent on children's needs.

However, without documents proving expenses, this is problematic. The problem of proof makes claims of this nature futile.

What should a payer do if he believes that child support is spent not on the needs of the children, but on the personal needs of the recipient? You can open a bank account to which you can transfer part of the money.

Using a special account to transfer alimony

This method is very effective if there are assumptions (not unfounded) that the money is not being spent on children. The alimony payer should file a claim in court (in accordance with Article 203 of the Code of Civil Procedure of the Russian Federation) and demand a change in the method of execution of the original court decision. By the way, when submitting such an application, no state fee is charged.

The most difficult thing, as noted earlier, is collecting evidence indicating the misuse of alimony.

Collection of evidence

It is rare that the payer manages to obtain checks and receipts. It is even less common to prove that the purchases were paid for with alimony funds. Direct evidence of misuse of money intended for a minor is quite difficult to provide. Therefore, it is necessary to obtain sufficient indirect evidence.

The parent making child support payments may request that the OPP staff examine the living conditions of the minor. To do this, you need to contact the guardianship and trusteeship authorities with a corresponding application. The results of the inspection are documented, which has evidentiary value in court.

Also, the court, at the request of the payer, may request documents:

• certificates of income of the alimony recipient;
• information indicating the availability of loans issued to the creditor.

Having received such evidence, the parent can indirectly confirm the fact that the expenditure of alimony funds intended for the child is carried out in violation of the law.

For example, the monthly income of a mother who receives child support is low. At the same time, the latter purchased an apartment on credit and is successfully coping with debt obligations. At the same time, the size of the monthly payment is several times higher than the income portion of the family budget.

Of course, the defendant can claim that she receives financial assistance from her parents, but this discrepancy prompts certain thoughts.

And if the court establishes that during the period the child received child support, no wardrobe items or shoes were purchased, or a section or course was not paid for, the conclusion will be made unequivocally.

Before filing an application with the court and demanding a change in the method of transferring alimony, you need to consider the following:

After the claim is satisfied, 50% of the funds intended for the minor will be transferred to a special bank account. Who has the right to manage this alimony? Of course, neither the payer nor the claimant. Exclusively a child, but only when he reaches adulthood.

In some cases, alimony funds can be used by the parent with whom the child remains to live (for example, for his treatment or education). And only with the consent and control of the guardianship and trusteeship authorities.

In any case, the funds from the bank account will not go anywhere. However, this is the main problem. It turns out that the child will not be able to receive the alimony due to him until he turns eighteen years old.

Will his rights be violated in this case? In addition, the court must make sure that the remaining amount of alimony will fully satisfy all the needs of the minor.

Only in this case can the claims be considered justified.

Judicial practice shows that the decision to transfer part of the alimony to a special account is made if the monthly payment is at least 50 thousand rubles.

Thus, it is difficult to control the spending of money transferred to a child. Especially if this is not included in the plans of the alimony recipient.

Changing the child’s place of residence

The most severe way to punish the recipient for misuse of alimony is to demand in court to change the child’s place of residence. After all, the parent (most often the father) who lives separately is required to pay child support. If the children live with the father, the mother will be required to transfer alimony funds to support them.

It is difficult to implement your plan. Courts remove a child from its mother in exceptional cases.

But if the father proves that the mother is poorly fulfilling her parental responsibilities, the son or daughter is in need (despite the fact that alimony is received on time and in full), the court will side with him.

As you can see, there are still methods of influencing the alimony recipient. You just have to use them wisely.

How to prove misuse of alimony?

Raising and providing for the material needs of a child is the responsibility of both parents, which does not lose its relevance even after the divorce. One of the problems of family legal relations in this area is the misuse of alimony.

The Family Code of the Russian Federation provides for several options for providing maintenance for minor children:

• parents can independently determine the order and form of providing maintenance;
• parents have the right to enter into a notarized agreement on the payment of alimony;
• in the absence of agreement, the issue is resolved in court.

A parent who pays funds for the maintenance of his minor child (children), either voluntarily or by court decision, has the right to hope that the funds provided by him will be used exclusively to meet the needs of his child: for clothes, shoes, textbooks, toys, etc. d.

Responsibility for misuse of alimony

The Family Code of the Russian Federation in Article 60 determines that the amounts due to the child as alimony are at the disposal of the parent and are spent by him on the maintenance, upbringing and education of the child. The rule of law is based on the principle of good faith of the parent with whom the minor child lives, but a situation often arises when funds are spent on completely different purposes.

The most common ways to misuse alimony:

• funds are spent not only on the child, but also on the needs of the unemployed mother;
• the funds are spent not on the child receiving alimony, but on the child (children) from another father;
• the funds are spent not on the maintenance, upbringing and education of the child, but on other purposes, etc.

In practice, no legal mechanisms ensure the fulfillment of the parent’s obligation to spend financial support only on a minor child. Therefore, it is almost impossible to expose him for misappropriation of funds and bring him to justice.

If misuse does occur, do not despair; according to Russian legislation, depending on the grounds for payment of alimony, you can take a number of actions to monitor the expenditure of funds.

Control over the expenditure of alimony transferred voluntarily

Many parents, even after the breakup of the family, themselves strive to participate in the upbringing and financial support of the child; in this case, there is often no need to conclude a special agreement on the payment of alimony or to resolve this issue in court.

If a parent transfers funds voluntarily, without a court decision or a notarized agreement, he has the right to demand a report on the expenditure of funds: for example, checks, receipts, demonstration of new purchased clothes, etc. But it is worth noting that failure to provide a report on expenses made will not entail any legal liability; it is impossible to force the recipient of alimony to provide a report.

One of the ways to solve the problem of inappropriate spending of alimony, with voluntary payment, is to provide the minor child with the necessary clothes, textbooks, toys, etc. in kind.

That is, if there is a threat that the financial support will not be spent, for example, on preparing the child for school, the parent paying child support should independently purchase the things necessary for the child by visiting the store with him.

Control over the expenditure of alimony, if there is an agreement

It is much easier to control the expenditure of funds if you have a notarized agreement. The agreement is concluded between the parties voluntarily, on the terms determined by them, which may also include a clause on the obligation of the recipient of alimony to provide the payer with a report on the expenditure of the funds paid.

If the alimony payment agreement does not contain a clause on the obligation to account for spent alimony payments, then it can be added additionally, since, according to Article 101 of the Family Code of the Russian Federation, the alimony payment agreement can be changed or terminated at any time by agreement of the parties. The catch may be that the alimony recipient simply refuses to include a reporting clause in the agreement.

If there is a control norm in the agreement on the payment of alimony, in the event that the recipient of alimony refuses to comply with them, the alimony payer has the right to:

• apply to the court, because, according to Part 3 of Art. 101 of the Family Code of the Russian Federation, unilateral refusal to fulfill an agreement on the payment of alimony is not allowed;
• try to force the recipient of alimony to fulfill the terms of the agreement through the Federal Bailiff Service of the Russian Federation, since according to clause 3, part 1, article 12 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings,” a notarized agreement on the payment of alimony is an executive document .

Statement of claim to compel compliance with the terms of the alimony payment agreement

In the event that the parent receiving alimony does not fulfill his obligations to provide a report on the expenditure of funds, despite the fact that this obligation is provided for in the agreement, the paying parent has the right to file a claim in court.

The statement of claim includes:

• information about which court the statement of claim is sent to;
• information about the plaintiff (full name, address, telephone number), his representative;
• information about the defendant (full name, address, telephone);
• date, place of conclusion of the agreement on alimony, the contents of which are not fulfilled;
• information about the notary who certified the agreement;
• plaintiff's claims;
• attachments (agreement on payment of alimony, materials confirming the defendant’s failure to fulfill the terms of the agreement, etc.)

Control over the expenditure of alimony, in the presence of a court order to collect alimony

Many people mistakenly believe that it is much easier to exercise control over the targeted spending of alimony through the courts; unfortunately, this is not entirely true.

When the court only establishes the obligation of one of the parents to pay maintenance for a minor child, the issue of ensuring control over the expenditure of alimony is not considered by the court.

If the claim is satisfied, 50% of the amount will be transferred to a special bank account; the child will be able to use this money independently upon reaching adulthood.

Evidence confirming the facts of misuse of alimony

The main problem in resolving the issue of inappropriate spending of alimony is the need to prove in court that the monetary support is spent not on education, raising the child, but on other purposes.

Not a single court, for example, will accept the plaintiff’s arguments that alimony was spent on a trip to the sea, and not on clothes for the child, if the minor himself also went to the sea.

Therefore, the issue of proving misuse of alimony must be approached thoroughly and thoughtfully.

When filing a claim in court, you must have a sufficient amount of evidence, which includes:

1. information that the parent with whom the minor child lives is not employed and does not have a regular income;
2. checks, receipts, etc., confirming the fact of the purchase of things that are not intended for the child, for example, jewelry, a fur coat, etc.
3. testimony of persons who can confirm that child support is spent not on the child, but on other purposes;
4. other evidence.

None of the above evidence will be perceived by the court as absolute, therefore, to confirm the facts of misuse of alimony, it is necessary to provide as many arguments as possible.

Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve a question you have regarding Family Law, you can contact the site’s lawyers for a free consultation.

On the misuse of alimony: what can be spent on a child according to the law

Providing for the material needs of children is the responsibility of spouses, which does not stop even after a divorce. One of the difficulties of family legal relations in this area is the misuse of alimony payments.

Misuse of alimony: how does legislation protect the interests of minors?

The Family Code of the Russian Federation contains specific methods for meeting the needs of a child under 18 years of age:

• husband and wife have the right to independently establish the procedure and type of provision of maintenance;
• parents have the right to sign an agreement on the payment of alimony, certified by a notary;
• If it is impossible to reach an agreement, the issue is resolved by a judicial authority.

Misuse of alimony

How to make your ex-wife account for alimony?

A parent who provides amounts for the needs of his child under 18 years of age, either voluntarily or by court order, has the right to trust that the amounts he pays will be used for purposes that will promote the interests of his child.

What can child support be spent on according to the law? First of all, for his immediate needs:

• cloth;
• Food;
• payment for tuition, medications, etc.

Fine for misuse of land

Note! Of course, it is necessary to take into account the usual standard of living and the needs of children in each individual case. But, in any case, the parent is not allowed to spend the money on his own needs.

The decision on whether it is possible to oblige the ex-wife to account for alimony depends on the specific facts of abuse. In case of inappropriate spending on acquisitions that are not related to the needs of the child, the father has the right to file a complaint with the court or with the guardianship organization. The regulations do not contain any other option to control the alimony obligations of spouses.

As a last resort, a mother may be deprived of parental rights for improperly fulfilling her responsibilities for raising and maintaining a child.

Is it possible to request a report on how alimony is spent? The answer is no, but the alimony provider has the right to request its provision. It is better to send a letter to the mother asking for a report. Most likely, the mother will not give an answer or refuse - this does not matter, because, as mentioned before, she is not obliged to provide a report on child support for the father.

Then the mother will control only half of the targeted funds, while the other part of the children’s money will be kept in a bank account and its use is possible only with the approval of the guardianship organization and only for the needs of the minor.

Important ! Requirements must be justified! The task of proving unlawful misappropriation of funds rests with the person filing the claim. The court has the right, but is not obliged, to make a positive decision.

In accordance with Article 60 of the RF IC, all funds owned by minors are sent to their legal representatives, who are managers of funds, incl. and child benefits. For example, a mother, having received financial assistance from her ex-husband, must spend it on the child, preventing misuse of alimony. But this is only in theory.

But in real life everything is different. There are frequent cases when recipients spend amounts for other purposes. For example:

On a note! It is possible to control the expenditure of target payments. But it's not easy. In addition, there is another problem regarding the responsibility of the recipient of funds: there are simply no sanctions in the law for misuse of payments.

Current problems of control over the targeted expenditure of alimony for the maintenance of minor children

ANNOTATION

The article is devoted to the analysis of the problems of targeted spending of alimony payments for the maintenance of a minor child, which are placed at the disposal of the parent with whom the child lives. A number of measures have been proposed that will improve the effectiveness of protecting the interests of minor children receiving alimony.

ABSTRACT

The article analyzes the problem of target expenditure of child support payments which places at the disposal of one of the parents with whom the child lives. The author also offers a number of measures which will improve the effectiveness of protection of minors which are the recipients of child support.

• Key words: RF IC; alimony payments; child support for minor children; targeted spending of alimony payments.
• Keywords: the Family Code of the Russian Federation; alimony payments; child support; target expenditure of child support payments.
• Almost every third family with minor children faces insurmountable difficulties, leading to subsequent divorce and the collection of alimony from the parent leaving the family.
• The mechanism for collecting child support is established by the provisions of the Family Code of the Russian Federation and the legislation “On Enforcement Proceedings”, however, the procedure for monitoring the intended use of alimony does not meet the requirements of sufficiency and efficiency.

In accordance with Art. 7 of the Constitution of the Russian Federation, Russia is proclaimed as a social state [4], in which the guarantee of a decent life for all citizens of the country is of paramount importance.

In fact, the state takes care of the welfare of its citizens, but a special category that requires increased measures of social assistance are the least protected sections of society: minor children, disabled people, pensioners and other disabled persons.

However, even the most socio-economically developed state would not be able to withstand the burden of providing for the entire disabled population. According to Parts 2 and 3 of Art. 38 of the Constitution of the Russian Federation, caring for children and their upbringing is an equal right and responsibility of parents, and able-bodied children who have reached the age of 18 must take care of disabled parents.

One of the ways to properly provide a minor child with everything necessary, even in a situation where a parent has withdrawn from his upbringing and maintenance, is alimony - money voluntarily or forcibly paid in favor of the child by a parent living outside the family.

The specified amounts are at the disposal of the second parent or guardian of the child, but can be spent only on the needs of the child [p. 2 tbsp. 60, Family Code of the Russian Federation].

Parents have equal rights and obligations in relation to their children, and therefore the law provides for the possibility of changing the amount of alimony paid by the payer, taking into account their financial or marital status.

Unfortunately, in practice there are often cases when the legal representative of a child spends funds paid as alimony not for the child and his development, that is, not for their intended purpose.

In a number of cases, when the amount of alimony is sufficient to support not only the child, but also his parent, the legal representative living with the child not only stops spending the money he earns on the child, but also begins to spend the payments received in favor of the minor for personal needs. Excess funds could be used to improve the child’s standard of living, improve the quality of his education, treatment, etc.

Such a situation is completely unacceptable, since the law clearly defines the purpose of alimony payments - this is the maintenance and material support of the child, but not his able-bodied parent in cases not provided for by law.

Only the mother of a minor child has the right to dependency during pregnancy and for 3 years after the birth of the child, but even in this case, the amount of alimony must be determined by the court at the request of the child’s mother separately, and not arbitrarily withheld from the amount of funds received in favor of the child.

Clause 2 of Art. 68 of the RF IC provides that the court has the right, at the request of the alimony payer, to oblige the transfer of 50% of the transferred amounts to the child’s personal account opened in a bank, but the manager of such an account in any case will be the legal representative, even with formal control by the guardianship authorities.

As a result, a negative situation has arisen where the law provides a fairly effective mechanism for collecting funds for child support, but there is no thought-out mechanism for monitoring the expenditure of these funds in favor of the child.

The law allows the paying parent to request a reduction in the amount, including, based on the practice of considering such cases, on the grounds of misuse of alimony by the second parent.

The key role in such disputes is given to the guardianship and trusteeship authorities, whose conclusion is the basis for the court’s decision.

Courts try to investigate appeals of this nature taking into account the interests of both children and their parents.

There are quite a lot of examples of judicial practice on establishing facts of misuse of alimony and the subsequent reaction in the form of an appropriate judicial act, but they all do not have a unified approach to assessing evidence confirming the intended use of alimony.

Most often, payers whose level of income allows them to provide a comfortable existence for the child, which often entails abuse of financial assistance, request a reduction in the amount of alimony.

How to control the waste of elements

Hello, in this article we will try to answer the question “How to control the waste of elements.” You can also consult with lawyers online for free directly on the website.

This means that if monthly child support payments are received from the father, the mother is responsible for managing these funds for the needs of the child.

In practice, it is very difficult to prove that the mother of a child is spending money for other purposes. After all, the problem is that most men do not live with their family, which means they cannot provide evidence that the money is being spent for other purposes. What to do if the ex-wife does not spend child support on the child?

How to track where child support is spent?

According to Art. 28 of the Civil Code of the Russian Federation, from the age of 6 it is allowed to make small everyday transactions that do not require the participation of a notary or state registration.

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If there is consent from the guardianship authorities and the request for the assignment of benefits is unanswered, then the debtor has the right to apply to the court with an application for an installment plan for the execution of the court decision (Article 333 of the Civil Code of the Russian Federation).
Fathers paying child support for minor children care where their money goes. In this article we will try to figure out whether it is possible to control the spending of alimony.

In response to an appeal, bailiffs must take timely response measures. They must oblige the recipient of alimony to submit a monthly full report on the expenses incurred for the baby.

What can a child support payer do if he believes the money is being misused or exceeds the child's needs? He can apply to the court with a demand to transfer part of the alimony (up to 50%) not to the recipient, but to a specially created bank account of the child.

Answer: usually territorial departments work according to the schedule: Monday - Thursday: from 9:00 to 18:00 (break from 13:00 to 13:45) Friday - from 9:00 to 17:00 (break from 13:00 to 14 :00). However, the regime may vary depending on the department and circumstances (pre-holidays and holidays, etc.).

Misuse of alimony: fact, report, responsibility

There is no provision in the law that would secure the mother’s right to spend child support on her own needs. However, it is necessary to distinguish between expenses that go solely to enrich the parent, and expenses without which the living conditions of the minor will worsen.

It is very difficult to prove that alimony is being used for other purposes. Evidence may include decisions of the commission of the department for minors, acts of inspection of the living conditions of the child, carried out by the guardianship authority. However, in most cases, the guardianship authority or juvenile affairs department will not find anything illegal.

However, the father has no right to demand an account. In this case, the issue of control over the intended use of alimony is resolved solely on the basis of the consent of the father and mother.

• We sent the item to the dry cleaner, and after the work was done, we discovered that our favorite dress had shrunk, our coat had no stains, but had streaks...
• The norms of the current legislation do not provide for a mechanism and procedure for monitoring the expenditure of funds received as alimony by the payer.
• If there is a notarized agreement on the payment of alimony, but without specifying a control clause, the parties can amend it.
• Therefore, it is not possible to hold the mother accountable for using child support payments for other purposes.
• If there is a notarized agreement on the payment of alimony, but without specifying a control clause, the parties can amend it.

However, the law does not provide for any control over the process of using funds belonging to the child. The law does not provide for liability for misuse of alimony.

A father who transfers money to his ex-wife expects that the needs of his son or daughter will be met in full - quality products and clothing items will be purchased, education and treatment will be paid for.

1. There is no way, other than asking the court to “split” alimony - 50% of the child support, 50% for the child’s account, which the child support will dispose of with your consent and the consent of the OPiP.
2. It indicates the amount of monthly (or received at other intervals) payments, the procedure for making payments, and other points regarding the provision of children.
3. For example, if the plaintiff lost his ability to work due to reaching retirement age, he will receive money provided that no more than 5 years have passed since the divorce.

It is logical that child support should be spent on meeting the needs of the child. Unfortunately, it doesn't always happen this way. It happens that the mother spends the alimony intended for the baby on herself or on repaying loans, in general, anywhere, but not on the child. A reasonable question arises - how to control child support according to the law?

What documents are needed to apply for alimony?

In general, the Code does not provide for ways to control the paying parent over the spending of alimony by the recipient.
At the same time, practice suggests how to control child support. Article 4. RF IC Application to family relations of civil legislation To the property and personal non-property relations between family members named in Article 2 of this Code that are not regulated by family legislation (Article 3 of this Code), civil legislation is applied to the extent that this does not contradict the essence of family relations . Article 66.

The amounts of alimony transferred to the child's account are spent without the prior permission of the guardianship and trusteeship authority, however, the recipient of alimony provides the authority with a report on their expenditure (Article 37 of the Civil Code of the Russian Federation).

Child support is money from a parent who does not live with the child to provide the child with everything necessary. Alimony goes to the other parent or legal representative of the child.

If a parent transfers money voluntarily without a court decision or a notarial agreement, he has the right to ask the second parent to provide a report on the expenditure of child support. These can be checks or receipts confirming expenses for the child, and other documents, for example, contracts for the provision of medical or educational services.

The payer may go to court regarding misappropriation of alimony. During the proceedings, much evidence can be requested through judicial requests. However, when filing a statement of claim, the plaintiff must confirm the facts to which he refers, as well as justify his claims.

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However, it is not always possible to prove the fact of misuse of alimony.

In addition, if the payer of alimony, under a notarial agreement or by court order, doubts that the alimony is being spent for its intended purpose, or believes that there are clearly more funds than the child is entitled to, he has the right to file a claim in court to transfer part of the alimony to the child’s account .

So, the law does not provide methods for monitoring the expenditure of money transferred to children. However, there are options on how to force the child support recipient to be more responsible about the children's needs.

If the debtor has not taken measures to pay the amount of the debt, the property will be sold at a special auction, and the proceeds from the sale will go towards alimony and penalties incurred due to late payment.

If this option is unreliable, the payer has the right to file a claim at any time to change the minor’s place of residence. In this case, alimony will be collected from the former other half.

You can indirectly prove the waste of child support by comparing the income and expenses of the parent with whom the child lives. Request a certificate of income through the court and compare whether the parent had the opportunity to make large purchases. Thus, it will become clear that a parent with a minimum wage will not be able to afford to buy modern household appliances without a loan or installment plan.

Despite the fact that technically alimony is transferred to the mother’s account (if she lives with a minor), the money must be spent on the needs of the child.

Citizen N. has mortgage obligations. The monthly payment is 20,000 rubles. Since citizen N. has nowhere to get funds to pay off her mortgage debt other than her salary, well-founded arguments come to mind that alimony funds are spent precisely for this purpose.

A mother who uses money intended for a child for her own or family needs cannot be held accountable.

According to the laws of the Russian Federation, it is possible to pay child support, but only then the amount is divided equally - one half goes to the child’s mother, and the second to his personal account. But in order to achieve this, the father needs to submit an application through the court, because such an issue can only be resolved in court (if alimony was applied through the court).