How to Pay Maintenance to a Child, Not a Wife

Sometimes, child payers do not want to hand over the money personally to the recipient, the child's mother, to the child's account.

So they're very interested in the question of how to list the child's alimony? The main reason is that there's a doubt that the money in hand will be spent on purpose.

Can maintenance be transferred to the child ' s account? If so, how much?

Why is there a desire to transfer funds to the account?

As already mentioned, the father may have doubts about the fact that the mother spends the money on purpose, that is, buys something for the child rather than herself.

The purchase of food for the son or daughter;
The purchase of clothing for them;
Training fees, sections and clubs;
Treatment;
to meet other needs.

The practice shows that some mothers spend their father's money in a non-earmarked way. Accompaniment payments are considered to be some kind of "tax" or "compensation" for leaving the family; therefore, mothers without conscience acquire, for example, clothing and cosmetics for themselves.

Legislation

The question of how to transfer alimony to a child ' s bank account is regulated by article 60 of the Family Code of the Russian Federation.It is also necessary to take into account the provisions of Decision No. 9 of 1996 of the Plenum of the Supreme Court of the Russian Federation and article 203 of the Code of Criminal Procedure concerning the possibility of changing the procedure for the execution of a court decision.

These acts permit the transfer of 50 per cent of the maintenance payments to a special account established in the name of the child at the bank, however:

First, there is a need to follow a certain procedure after which child support payments may be made to the minor child ' s account;
Second, it must be borne in mind that establishing such a procedure for the transfer of funds is a right of the court, not its duty.

Thus, one cannot simply open an account for the child and transfer it to the child ' s share of the assessed payments; a good effort must be made to obtain the right to transfer alimony to the child ' s account at the bank.

Right of the consignee to change the manner in which the obligation is performed

So in order for a father to be able to put a portion of the money into his son's or daughter's account, he needs to get a proper court decision about how to do it, and if the mother can make sure that half of the maintenance is automatically transferred to the child's account, yes, it's possible, and it's easier for Mom to do it than for her father.

By submitting an executive list on the basis of which child support is recovered, the mother must indicate the details of the son or daughter ' s accounts, not her own account.
It is possible to apply for a change in the name of the recipient of the funds if the execution is proceeding at full speed.

Thus, the restriction relating to the transfer of part of the maintenance to a bank account opened in the name of the minor only applies to the payer; the recipient may, at any time and without any difficulty, transfer funds to such an account, and not only 50 per cent.

Procedure for obtaining a judicial act

Article 60 of the Code of Criminal Procedure states that the transfer of a portion of the child ' s maintenance payments to the child ' s account must be authorized by the court; the paymenter of the funds must therefore apply to the judicial authority in order to separate the alimony.

The one who gave the judgment.

Preparation and filing

The claim for payment of a portion of the money to the account must contain the following information:

The court in which the application is filed;
The parties to the case;
The factual circumstances of the disputed situation;
On the legal provisions governing the matter;
on requirements.

The actual claim is one: transfer of maintenance to the child ' s bank account.

Standard list of documents attached to the claim:

The initial court decision that created the obligation to pay maintenance for the minor;
The birth certificate of the son or daughter;
A document indicating the relationship between the parties: the marriage certificate or its dissolution;
A certificate to determine which parent is living with at the time the claim is filed by the child.

The action is filed in person, by post or through a representative.

Features of the evidentiary process

A child ' s child ' s alimony may be transferred by the court if it is proved that the money is being used in a non-earmarked manner. Judicial practice shows that it is not easy to do so. In most cases, the mother does not provide any accountability, and the child is dressed, dressed and fed.

If a minor is in need of anything after receiving the amount of money, there is reason to wonder why this is happening. Is there any abuse of rights on the part of the mother?

Another important point is that if a portion of the money is deposited into an account, the remaining portion will be sufficient to meet the current needs of the son or daughter.

First, the person obliged to pay alimony should explain to the court what a child ' s standard of living is, how much money is needed to meet his or her needs.

This amount of money needs to be compared to monthly transfers.

Decision-making and enforcement

The Court, after examining all the circumstances of the case and reviewing the arguments of the parties, points out in its judgement that the separation of payments is permitted or refuses to transfer part of the money to a special account.

If the claims are satisfied, the decision has entered into force, the executive list must be obtained and consulted:

To the FSPS Division;
to the employer holding the funds.

The execution of the original decision will be modified.

Features of management of maintenance account

Let's say the party that sends the money and the party that receives it has opened an account at the bank in the name of the minor.

The law makes it clear that a child, like his or her representative, cannot benefit from these funds until the age of 18.

That's the whole point of the maintenance arrangement, the mother's limited ability to spend money the way she wants to.

At the same time, it is necessary for the payer to pay on a regular basis by depositing it in a bank account.

In principle, this way of fulfilling an obligation is good enough. A child becomes an adult, enters an adult life not with empty pockets, but with a certain amount of money. It is possible that inflation will make its own black business. Every year some amount will be eaten, but nonetheless.

If an emergency were to arise, for example, the child would urgently need money for treatment, his mother would be able to apply to the guardianship authorities for permission to withdraw funds from a special account; the payment would be made from those funds.

When 100 per cent can be allocated to the account

There are cases in which child support can be paid in full, one of which has already been mentioned: when the recipient of the funds wants it, it is the mother.

Other situations:

The parties have made a voluntary agreement in a notary form, the mother, in such a situation, is able to provide for her son or daughter by herself, but she does not wish to refuse maintenance, so it is decided that the funds will be accumulated in a special account.
The State ensures the child ' s need; if the obligation to pay maintenance is not lifted, it is also possible to save money by the age of majority.
A minor is under guardianship but not adopted; for example, if a guardian is a grandmother who fully provides for a grandchild, a transfer of 100 per cent is acceptable.

To sum up:

How to split alimony payments? It is necessary to go to court and prove that such separation is appropriate and does not violate the interests of the minor.
In general, this is the headache of the maintenance worker's employer, and it's obvious that the accounting staff will have more work to do, and if they've previously paid money, for example, only to the mother's account of the organization's son or daughter, they're now going to have to divide the retention money by shares and transfer those shares into two accounts.
How to take advantage of the savings? The child can do so when he or she turns 18. Exceptionally, the money can be disposed of with the consent of the guardianship authorities. Such cases can be both pleasant — the purchase of a dwelling and not very much — the disease of a son or daughter.

How parents argue in court for child support

Alexander's app developer entered into a settlement agreement with his ex-wife a year ago, providing child support in three categories: 100 rubles per card, a portion of the daughter's insurance account, and a portion of the reserve.

But a few months later, the ex-wife asked the court to recover 25 percent of the salary, and the court took her side, and the man claims that he did not pay the alimony twice of his own free will, but he can't pay the money back.

I don't refuse to pay alimony, so since 2016, I've asked Tatiana's ex-wife to settle the matter.

BY 31-year-old Alexander (all names of heroes changed for ethical reasons).

1, permissible exemption under paragraph 2.3."

" Here is the maintenance table from March 2018 to January 2023, " explains Alexander.

On a piece of paper, the amounts have been calculated to a penny. According to a man, Masha's daughter began living with him in 2008, two years later the couple divorced.

The ex said she needed to have a private life, and for about four years she didn't talk to the baby at all, then she showed up and told me how bad I was: making her learn, read books," Alexander recalls. "In 2013, I applied for alimony, and all this time Tatiana's salary was minimal, she paid 50% of the minimum subsistence budget, not a penny more.

"A former wife can spend money on herself, not on a child."

The fact that the relationship between Masha's parents isn't easy is what the documents say, the maintenance court, the other one, the way the girl and mother communicate, the play at the DIS, and for two years, dad and daughter haven't been in touch.

In 2016, Masha moved in to live with her (now a 12-year-old girl).

See, I was responsible for her upbringing, her education, and since then, I've been constantly raising the issue of alimony, trying to buy things, and in April 2017, I wrote a draft agreement, Tatiana promised to think, and she filed an order.

That's what I'm supposed to do with 25 percent of my salary.

Alexander disagreed, appealed the decision, and the court ended up with a mediated agreement, which requires a man to pay at least 25 per cent of his salary, but not a single sum.

The agreement provides for several points: 100 roubles each month, Alexander puts on the ex-wife's card; every three months, she sends 300 to 320 rubles to the daughter's insurance account; there are 300 rubles to the reserve; but there is one nuance.

To get this money, Tatiana must first tell us what she plans to buy and then provide checks.

"In monthly checks, 78 musley bars, 36 packs of seed, 11 dozen eggs"

According to the man, the execution of the agreement should have been as follows: if the ex-wife did not ask for money from the reserve, they were sent to the Masha insurance account; however, it was not possible for the divorced couple to follow the mediation agreement for a long time; Alexander had questions about the checks that Tatian sent.

Alexander doesn't believe her daughter eats so many eggs a month.

I don't want to pay for the ex-girlfriend's whims. For example, she's running an 8 rubles express delivery, even though the store is outside the house.

I'm trying to save my life, is it so hard to come down?'Alexander is outraged.'I figured 78 muse bars, 36 packs of seed, 11 tens of eggs, 9 packs of sea cabbage in a month. Is that a healthy baby's diet?

I've lived with a kid for so many years and I know what she eats and how long, and Tatiana told me that the baby eats 700 rubles and half of the money has to be paid by me.

I want my parents to participate equally in the payment, and my ex-wife now has a high income.

In the summer of 2018, Tatiana asked the bailiff to recover the alimony from his ex-husband, and his salary was deducted by 3,650 rubles of four pennys, and as documented, the bailiff was unaware of the settlement agreement.

" I was following the arrangement! " adds Alexander.

He actually put 100 rubles on the card, contributed to the child's insurance account, and put the entire reserve there, and in fact there were 100 rubles out of 800 in the hands of the ex-wife.

By failing to accept the retention of 3,650 rubles of 4 koneks, the man requested the court of the Pervomay district of Minsk to recover from the ex-wife "the amount claimed as unjustified enrichment, interest on the use of other people's funds, the payment of State duty and the reimbursement of the expenses of the representative's assistance".

" I paid for two alimonys, but that's not all, " says the man.

The fact is that the court cancelled the settlement agreement between the spouses, considering that the child ' s interests had been violated, Tatiana is now insisting that Alexander pay 25 per cent of his salary as maintenance, the same 800 rubles the woman wants to receive for the child without any checks.

The ex-wife filed a supervisory complaint with the Minsk Regional Court, the summons came when the decision had already been made, and it was not in my favour.

I wasn't even given a chance to speak out, to defend myself, and I didn't hesitate to pay my alimony, and today I'm in the Masha $3,750 account, and the court has ordered me to pay my alimony from 2017.

So it's already in the third circle! " notes Alexander.

He will file a supervisory complaint with the Supreme Court, it has been dismissed, and so far the settlement agreement has been cancelled, and Alexander will have to pay maintenance of 25 per cent of his salary.

"The ex-husband said: "The child eats too much, let's check her for bulimia."

Tatiana and TUT.BY don't agree to the conversation immediately, says she's tired of her ex-husband's claims and doesn't want her daughter's story in the media.

" Alexander did not respect the agreement, asked for the child's shoes for several months in a row, and he replied, "This is your problem," Tatiana says. "The ex-husband listed 100 rubles a month and thought it would be enough. The problem is, if he didn't want to pay, he didn't pay. If I'm not mistaken, he listed 9 rubles for food, then 15 more.

Tatiana says she doesn't know what specific amount is in Masha's insurance account.

One time Alexander sent a transfer number after my requests, and he's gone missing, no more documents, and for the first time I hear from you that this amount is on the account, and that account can be cancelled at any time, and basically, if you want to take the money out of there, no one can stop it.

Tatiana received 100 rubles of 800 rubles a month.

- Why did you first agree to the terms of the agreement?

'Cause I wanted to keep the baby's good relationship with his father, and Masha hasn't seen him in over two years, and our picker believed we could make a deal, but Alexander wanted to control everything, said, "The baby eats too much, let's check her for bulimics."

The girl is a teenager, of course she eats. Mary looks beautiful, has sports. Every time a check is a nervous thing, you have to count everything to a penny.

Then the ex-husband didn't agree, the rules, he said he didn't believe, he said the daughter ate the food.

You could have taken the money out of the reserve?

In theory, they had to be asked by the penny, and I couldn't take it, for example, the ex-husband offered to weigh the sausage that Masha was eating, and then he was willing to pay for it.

"You can't get your alimony back, you can't pay for your future."

- There's really no such thing that a person overpaid alimony and for a while is exempt from payment.Natalia Iwaskovec.

However, the law stipulates that it is possible to return money in exceptional cases, for example, if false documents have been submitted or if the adoption procedure has not been properly followed, it is an unusual story.

Men are most often employed in low-paid jobs and it is almost impossible to recover alimony from them.

- But according to the court's ruling, alimony can still be recovered from the past?

In the history of Alexander and Tatiana, the court had to prove why she hadn't gone to court before, for example, when she was abroad, she was very ill, and most likely in the history of Alexander and Tatiana, the court had cancelled the settlement agreement, considering it to be contrary to the legitimate interests of the child, and all the things about alimony weren't in favour of the wife, it was about the child.

Counsel also adds that men or women do not have the right to claim cheques if they pay alimony.

Transfer of money to a child's account: How to pay alimony to a child rather than a wife?

Often the parent, who is legally obliged to pay maintenance, is asked to pay the alimony directly to the child ' s account.
Since very often there are situations where the recipient of maintenance spends money not for the benefit of the child but for the benefit of the child.
Consider, however, how money can be transferred, whether child support can be deposited into an account, and in what account alimony is accounted for.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How do you solve your problem -- go online in the right or call at +7 (499) 938-51-75. It's quick and free!

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Can alimony be credited to a child under the age of 18?

Anyone who decided that he wished to make alimony payments to a minor, rather than to transfer them to a second parent, should know that he was able to do so, as defined in article 60 of the Family Code.

Can child support be paid?The rule states that the court has the right to decide that maintenance funds will be received in the child ' s own bank account and not his or her legal representative.However, it would not be possible to transfer the full amount, but only some of it, but not more than 50 per cent of the child ' s maintenance, the remaining funds would still have to be paid to the parent in charge.

What's the use of alimony?Since the age of majority is 18 years, alimony can be credited to the child up to that period.

In the case of child support payments without a court order or notary ' s consent, it is most likely that they will be regarded as gifts of money and will not be credited as alimony.
It is not always possible to ensure that alimony is received in the minor ' s account and not in his or her parent ' s account.
This is generally possible when the parent with whom the child is living does not spend the money purposefullywhich means that it is not for the child ' s maintenance, upbringing or education, but for other purposes or in the personal interest.

At the same time, the alimony payer will have to provide evidence that confirms the improper use of alimony by the recipient, in accordance with articles 56 to 57 of the Russian Federation ' s Civil Procedure.

Article 56: Duty of proof

Each party must prove the circumstances to which it refers as grounds for its claims and objections, unless otherwise provided by federal law.
The court shall determine which circumstances are relevant to the case, which party must prove them, and shall make the circumstances subject to discussion, even if none of them has been invoked by the parties.

There are also situations in which 100 per cent of the child's alimony payments are possible, which is allowed under Russian law:

If a voluntary maintenance agreement has been concluded between the parents and is confirmed by a notary;
In the case of a child living in a small house/child ' s home, i.e. provided by the State;
When the child is in the care of a foster family that has not formalized his or her formal adoption.

It will be possible to dispose of the money when you reach the age of 14.

Opening of the child account

An account can be opened at any banking institution.This will require a small list of documents.

Documents required for opening:

Identification document;
Taxer ' s identification number;
The birth certificate of the child.

You'll be offered a standard procedure at the bank:

I want you to fill out a form so you can be a customer of the bank.
Fill in a map with signature samples.
Sign a bank agreement to provide you with services.
To issue an incoming order for the deposit of funds.
Put a certain amount of money in the bank account.
Get some of the necessary documents.

Once the account is open, a written statement can be made to the court that it wishes to change the payment of maintenance amounts and must be accompanied by the bank details of the account to which the money will be transferred.
The application will be heard in court.
In the event that the court decides to grant your claim, you will then receive a court decision with a modified procedure for the recovery of maintenance funds.
The court will also determine the amount of alimony to be transferred to the minor ' s account.

Transfer of maintenance to the child ' s account

The transfer of child support to the child ' s account can be done in several ways.

Transfer of maintenance funds to the recipient ' s account through accounting.
This is appropriate and appropriate when the alimony payer has a formal place of employment.

In order for maintenance payments to be made, a statement must be made to the Accounts Division and the recipient ' s account must be indicated.

The application must also be accompanied by a court decision, an executive note or a copy of the voluntary agreement.

If properly performed, alimony will be received no later than three days after payment of wages.
Self-transfer of maintenance funds to the child ' s account.
This method may be chosen when the person does not have a permanent and/or official place of work.

How do you list the child's alimony?

Self-payment of maintenance can be carried out by means of personal contact with the bank, postal transfer, online banking, etc.

It matters!It is recommended that all transfer receipts with the date of payment and the amount paid should be retained on a case-by-case basis; this will provide you with a guarantee of your payments in the event of a dispute and in the case of legal proceedings.

A maintenance document has general rules for filling in.An important condition is that it is correct to fill it, otherwise it may not be accepted by a banking institution.

The number of the calculation document;
The dates required;
The details of the payer and his bank account;
The details of the recipient and his bank account;
Amount to be transferred (inscribed);
Assignment of payments;
Additional data: type of payment, e.g. electronic payment, order, etc.

It matters!Maintenances are priority payments, that is, they are paid first.

You can download the payment order form for maintenance.

Payment on transfer of money

The payment assignment shall normally contain the following particulars:

The purpose of the listing is, in our case, alimony;
The period for which the money is transferred, i.e. month, year;
On the basis of which the payment (agreement, judgement, application, etc.) is made, indicating its date and number;
Existence of value added tax, in the case of alimony, without VAT.

For example, in the award of payment, the following may be stated: "Alternatives for a child on the basis of a judgement of February 2018, without VAT." It is also desirable to indicate the FIO of the alimony payer.

Remittances

The amount of maintenance payments is set out in article 81 of the Family Code.According to this provision, one child is entitled to at least 1/4 of the total income, two children to a minimum of 1/3 and three or more children to no more than 1/2 of the earnings.

You can read here about how much maintenance is being withheld and what isn't.

However, given the different circumstances of life, the court may decide to increase or, on the contrary, reduce the amount of payments.

Can maintenance be listed on a child's bankbook?

A maintenance worker may open a savings book in the name of a minor child, even if the child is disabled, and regularly list the child ' s alimony as determined by the court.

Since the savings book is a contribution of some kind, the amount on the bank's savings book will accrue interest, albeit not large.

The law provides for many alternatives for the payment of child support, and if you doubt and have evidence that child support is not actually spent on the child ' s needs and needs, you must have the courage to go to court and seek justice.

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We'll answer the most popular question about alimony: how to pay alimony to a child rather than a wife?

If a spouse wants to pay maintenance for a child and not for a wife, she can pay it in accordance with the law, and the amounts due to the child are paid to the parents and must be spent on food, clothing, upbringing and higher education of the child. If the wife wants help from her husband for herself, she can pay the money from her husband for her maintenance. The father must pay the children whether he is legally married to his mother or has been in a common-law relationship.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How to solve your problem is whether you use the form of an online consultant on the right or call at +7 (499) 938-52-17. It's quick and free!

Fifty per cent to bank

What if one of the parents who is required to pay the child ' s maintenance money requires that half of the child ' s maintenance be paid to his wife and the other half directly to the child? The court may order that 50 per cent of the maintenance be paid on the child ' s or daughter ' s bank card.

Parent ' s passport;
The birth certificate of the child;
The decision of the court;
My father's statement.

If the father isn't working, he's still gonna have to pay the money to raise the child, which may be a certain amount, based on the subsistence minimum, half of the money goes to the bank, and the other half goes to the mother for the maintenance of the children.

If the wife doesn't serve alimony

This may be the case where the wife does not apply for alimony at first, but at the end of the day decides to do so, so that the father is able to collect the money during the past period. To avoid this, it is possible to enter into an agreement with the wife. This is done in a free form or on a special document. This form will specify:

The amount of the retention monies;
The procedure for the payment of maintenance money;
period of payment.

It must be borne in mind that the amount of such retentions should not be lower than the amount of maintenance that the children could receive in court, from which half of the money could be paid to the wife and the other half to the child ' s bank account, and upon reaching the age of 16 and 18 he could use the money.

We would like to summarize the article by Alexander, the lawyer of our legal portal:

In response to the question on how to pay maintenance for a child and not for a wife, it should be noted that these are different flows of money to persons whose content is defined by the Family Code of the Russian Federation.

They are placed at the disposal of the parents and spent by them on the maintenance, upbringing and education of the child; in fact, this provision establishes the targeted use of money.

A parent who pays alimony is entitled to claim half of the maintenance in a minor ' s bank account; to satisfy the court ' s request, it must be proved that the money is being misused.

You didn't find the answer to your question?How to solve your problem, call me right now:

+7 (499) 938-52-17 (Moscow)

It's quick and free!

How to Pay Maintenance to a Child instead of a Wife

Hello, in this article, we will try to answer the question "How to Pay Maintenance to a Child rather than a Wife." You can also consult lawyers online free of charge on the website.

Therefore, the father may inherit the debt with his son, inform his agreement in advance, and after the court ' s decision to recover the amount of the debt from you has entered into force, which will change the time and place of the trial, file a case file with him.

Relief from or relief from the payment of maintenance arrears by agreement of the parties is possible, except in the case of maintenance payments for minor children.

How to list alimony directly to a child

In practice, this option is appropriate if the father is a careful payer and the child is separated from the mother; for example, he is a student and is studying in another city.

The majority of children live with their mother, and the father must therefore support them by paying a certain amount of money each month.

The foreign father admitted the baby, but went back to Europe.

Can you legally force him to pay alimony? How will the sum be calculated?
Unless your mother has requested you (letter, text) to buy these things for the child.

The fact of the demand will also have to be proved, so the mother's oral request will not pass, and it would be better to refrain from giving gifts, things and food at all if the child is under 7-10 years of age and the court is unable to hear and take his opinion into account.

How can a father combat the diversion of maintenance?

If alimony is paid by voluntary agreement of the parties (notarial agreement), the former husband does not have the right to claim the expense of the child ' s mother.

Then the ex-husband got married a second time, and he has two more kids, and with this wife, let's say he's getting a divorce, too.

However, in the event of a woman ' s manifest lack of good faith, one of the following decisions may be brought before a court: the establishment of a child support account, the mother ' s obligation to keep an account of the waste of money, the change of the child ' s place of residence and his or her move to his or her father, as well as global measures such as deprivation of parental rights, but more details.

It turns out that alimony can be paid voluntarily, without any court, and the law does not specify the amount. No 25% 33% or 50%.

Can you pay alimony to a child rather than an ex-wife?

The payer must remember that he pays alimony to a child, not to his wife, that a woman is a recipient of funds that prevents her from managing the money on her own.

As we can see, if a father suspects that a wife spends alimony on herself rather than on a child, he will try to stop it as soon as possible and bring his wife to justice, but there is one thing.

In Russia, there is no criminal or other legal liability for the diversion of maintenance.
We often receive letters from male tenants in the post office asking, "Woman spends alimony on herself, what to do and how to prove misuse of maintenance?"

That's what we're gonna talk about today, and we're gonna talk about how we're gonna get our ex-wife to report the maintenance bill.

So that you don't have a situation where a wife spends alimony on herself, you try to make an agreement with her from the beginning about keeping an expense account, even in a maintenance agreement.

If your mother doesn't receive or return the alimony, you have absolutely nothing to do with it.

Many young people now need their own family nest, so this type of mortgage helps to realize their dream. Another popular mortgage in the Russian Federation is offered by credit organizations to improve citizens' housing conditions. This loan requires the borrower to provide real estate to the bank.

Is it possible to hand over all the money to a minor?

In order for such an agreement to work, it must be assured to the notary that it is the only limitation that the law imposes on such an instrument.

So, our advice is mostly for parents (fathers) who are confronted with such an unsympathetic phenomenon as the diversion of maintenance, and how to protect the child and their wallet, they don't know.

Ahmad, it is necessary to execute the court's decision to pay maintenance, and if you hand over the money to your wife, ask her for a receipt every time so that you have something to show the bailiffs.

However, do not rush to postpone this article if you are not divorced or do not have a minor child. The issue of maintenance is regulated by articles 80 to 120 of the Family Code of the Russian Federation, which state that alimony may be collected not only in respect of children but also in respect of parents, former spouses or other persons in the cases provided for by law.

In such circumstances, the father will have every chance of obtaining the child ' s new residence; if he or she lives with a man, he or she will not have to pay alimony, but he or she will have a direct obligation to support the child, ensuring that he or she has the most comfortable living conditions.

The fact of being married has no role to play in the recovery of child support.

A woman is the legal representative of a child because she lives with him, so she has the full right to administer maintenance at her discretion, but in the best interests of the child; however, the father has the possibility to restrict her rights and even to demand that the child eventually live with him; judicial practice knows such cases.

Half of the child ' s maintenance may be transferred to accounts that are open directly to the child ' s name; the remainder of the child ' s maintenance should be awarded only in general terms, because the mother is recognized as the legal representative of the child and can determine the use of the accrued money; this method is considered to be specific and can only be applied by a court decision.

Passports, birth certificates and a list of documents required to obtain a patent that are not subject to authorization after the end of the unemployment benefit (reduction of the subsistence minimum approved by the Government of the Russian Federation Decision of 16 April 2003 225).

Financial assistance is not targeted, so the father cannot establish a list of possible expenses; the woman spends alimony herself; the only condition is that the needs of the minor are fully met.

Before accusing an ex-wife of spending money on herself rather than on a child, he must present her with strong evidence.

How you can't pay alimony and not let yourself be deceived!

We will not list a large list of documents, etc., but only the most common list of grounds for the cancellation of maintenance:

Short-term marriage:
1. The certificate of marriage and divorce;
2. Marriage agreement.
If you are required to pay alimony, you are concerned not about what it is, but about how to pay less legally.

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Ex-wife doesn't spend alimony on a kid, what do you do?

After the divorce, I have to pay child support on the basis of an executive list, and the son has to live with his mother, but for the last eight months because of his wife's heavy employment in a new job, he's been living with her parents for a long time, and sometimes he doesn't talk to his mother for a month or more.

She spends almost no expenses on his maintenance, so the money goes to her wife, not to her son, so the ex-wife spends his alimony on her own.

How do you pay alimony to a child rather than a wife?

The family law enshrines the property rights of children, in particular the right to be paid by their parents.

60 The Family Code of the Russian Federation, the amount of money that one of the parents is obliged to pay as alimony, is paid to the second parent (or substitute), but it is only possible to spend it on the minor ' s needs: his upbringing, material needs and education; hence, the purpose of the alimony payments is expressly established by law.

Expenditure control

Once a marriage is dissolved, there are often disputes over the maintenance of common children, and it is not uncommon for a father to control the targeting of money so that the former wife does not spend money on her own needs.

The most frequently asked questions in recent times are, "How do you check where the money is spent?", "What can be done if the money is not spent on a child, but actually the ex-wife lives on alimony?"

However, there is no way to ascertain or refute such suspicions in the law.

In our view, this is due to the fact that the mother, who is not deprived of or limited in parental rights, is the legal representative of the son (daughters), and therefore always acts on behalf of and on behalf of the minor.

In other words, it is assumed that the mother will always take care of her children and will not allow their rights to be infringed, including the right to meet property needs.

When living with the children, the former wives assume the full range of responsibilities related to their upbringing and maintenance.

CURRENT INFORMATION: Obligation of children following the divorce of their parents

Judicial resolution of the matter

If a son or daughter does not live with her mother at all times, or she does not properly perform her duty to care for her, the matter must be decided by a court of law.

In such circumstances, the father also has the right to claim the residence of the son (daughter) with him; if the court meets this requirement, the child will reside with the father and his obligation to pay maintenance will be waived.

In all other cases, the father is obliged to pay the amount of maintenance without requiring the mother (other person in loco parentis) to report the expenditure of the money.

Change in payment

Can an applicant parent do anything in a situation where he or she has doubts as to whether the payments are being properly used?

Article 60 of the Russian Federation provides for the possibility of establishing the following method of payment:

not more than half (up to 50 per cent) of the amount of the payment may be transferred to a minor ' s account opened in his or her name in a bank;
The remainder of the maintenance must be paid in general order.

Such a method shall not be determined by the wish of the parties, but only on the basis of a decision rendered by the court:

At the request of the parent who is obliged to pay the amount of maintenance;
In the interests of the children, the court has the right (but not the obligation to do so) to make such a decision; whether this method of payment will be in the interests of the minor, the court will decide as it pleases.

In practice, it is almost impossible to prove in court that the money is spent by the mother on his own behalf to the detriment of the child; since the former husband does not live with the children together, he cannot trace all the expenditures.

If the minor ' s needs for food, care, education and treatment, the purchase of necessary clothing and other personal items are met, the suspicion of diversion of maintenance cannot be considered justified.

POSSIBLE INFORMATION: How can we prove that property is not acquired jointly?

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