The problem of recovery of alimony, due to the large number of divorces, in modern Russia is especially acute. We all know that the law obliges parents to contain its minor children, regardless of whether they have or not have the official place of work or other sources of income.
In the absence of an agreement between parents, the recovery of alimony for the maintenance of minors can be implemented in court. If the potential payer of alimony has a confirmed income, the court, as a rule, establishes the obligation to carry out monthly aliminal payments in the following amount: one child is one quarter of earnings or other income, on two children - one-third, on three or more children - half of the earnings .
In addition to official wages, revenues from business or intellectual activity, pensions, benefits, payments to health compensation, and revenues derived from the use of owned property, as well as income obtained as a result of the use of owned property, such as securities, pairs will also be included in the official income. Deposits made to credit organizations, shares in the authorized capital.
Lyubov Kiseleva, lawyer of the Central Branch of the Moscow Regional Bargain College
And what happens if the potential payer of the alimony does not have official work or has an irregular changing earnings? Let's deal with what size in this case will be recovered by alimony.
The presence or absence of a source of income from one of the parents does not provide a preferential right to another parent, including to neglect their responsibilities for the payment of alimony. In this case, the court is endowed with the right to establish the size of alimony in a solid monetary amount. The minimum amount that can be recovered in this case as an alimony will be 50% of the subsistence minimum per child in the residence region, since the responsibility for the maintenance of the child is equally distributed on both parents. So in Moscow in 2020, this corresponds to 7,725 rubles, in the Moscow region 6,658.5 rubles.
The court will take into account individual features and needs in every dispute, for example, the need for the treatment of a child, additional education, lease of housing, subject to documentary confirmation, which will allow to claim alimony payments more than the minimum amount - 50% of the subsistence minimum.
At the same time, the court will take into account the financial situation and the material level of the provision of each of the parties, including the availability of other mandatory payments, including alimony obligations on other children who must contain a payer of the alimony. Other circumstances that deserve attention will be studied, for example, the state of the health of the payer and the recipient of the alimony, the age of each of them, as their financial situation has changed since the disintegration of the family, has been saved or lost disability, there is a property that makes revenue, cash deposits in banks.
If the standard of living of the child before the collapse of the family was maintained at a high level mainly due to the income of the payer of the alimony, then you can for the interests of the child to ask the court about establishing such a size of the alimony to maximize the child's old standard of living, if, of course, during this time, parental position of the parent , obligated to pay alimony, has not changed for the worse. For example, the amount of alimony can be determined taking into account the continuation of payment of the child's training in a paid educational institution in the Russian Federation or abroad; payment of individual child learning; Classes for sports and other useful activities. At the same time, the Court is guided by the interests and reasonable needs of the child on which alimony pays.
Often, to reduce the size of the aliminal payments on children on the suit of the former spouses, and spouses are also treated in court for the recovery of alimony into children, thereby confirming the change in the material situation in the current spouse, justifying the need to reduce the size of the previously established aliminal obligations. .
After obtaining a decision on the recovery of alimony in a solid monetary amount, your struggle for saving the standard of living does not always be completed. Now it is necessary to somehow get these awards. When an alimony payer has official income, it is much easier to do, since the holding of alimony and their transfer to the recovery is carried out by an employer or bank.
In the case of the recovery of alimony in a solid amount, it is necessary to calculate only their perseverance and the actions of the bailiff, which has several weighty arguments in the ratio of the deferrator. The most effective of them are: restriction in the rights of the transport means of transportation, to learn the debtor abroad, the appeal of the debtor's property, including cash and securities, an administrative penalty and criminal liability for especially malicious defaulters.
Now you know how to protect the rights of your children, it remains only to act.