often the other parent refuses to pay child support, because of lack of earnings.Often lawyers are turning to the question whether such behavior is legitimate and that you can take to get child support.
Should the broken pay child support?
Let's start with a basic question.To clarify the situation, it is necessary to look to the Judicial Code of the Russian Federation.Article 80 clearly stipulates that parents must support their minor children, regardless of their financial situation.The level of income does not affect the performance of this duty.Consequently, child support, if the father does not work, you should be paid.Regardless of whether a person is employed or not, he must transfer funds for the maintenance of their child.
Species unemployed
collection of child support - not the most elementary procedure.It's not that simple.The methods of calculation and the amount will depend on whether it is, in what status remains unemployed.Also, it will affect how easy or difficult it will be to recover alimony.Do not have a steady income can be for different reasons, and it will be considered in court.Let's start with "simple" cases.
- If a citizen is registered at the employment center, has the official status of the unemployed and receives the corresponding benefit.
In this case, it is believed that a person has a regular income, ashe gets sotspomosch.With state benefits paid the agreed amount will be deducted as alimony.The size of social assistance is usually small.Accordingly, the amount of child support will have a miserable size.This will continue until the formal employment.
- Citizen frequently change jobs.
Each employment at the workplace will be sent to the writ.The accounting will make the appropriate deductions.At a time when a man does not work, it will accumulate a debt of child support to be paid employment.If at this moment the citizen gets registered as unemployed, the money deducted from the allowance.
- man retired by age and nowhere else works, the level of his income exceeds the cost of living.
Alimony will be deducted from the money received each month, if he recognized disability.
- citizen receives a disability pension, is disabled.
child support if the father does not work for this reason, will be difficult to recover.At first glance, everything is simple and does not differ from the previous paragraph.If the pension exceeds the cost of living, the problems should not be.If it is much lower, the plaintiff will have to work hard to prove in court that the child needed the money.It is possible that the state will pay more child support.Or from the defendant seek the minimum amount.
- earnings are intermittent or seasonal.
Typically, in this case, the decision about tracking income.Based on the data, it will set the amount of maintenance and frequency of payments.
- A citizen has no permanent source of income, he is not employed and is not listed in sotssluzhbah, unemployment benefits are not getting.
Usually in this case, unscrupulous parents say they can not pay child support.And it's pretty difficult case, becausecollect the debts due to the lack of income is problematic.However, the law firm said that the parent must have a child.Therefore, the following mechanism applies: the amount of support is calculated from the average wage in Russia.A person must pay for 1 child - 25% 2 - 33%, 3 or more - 50%.Alternatively, the court will oblige to transfer a certain amount each month.While parents do not get a job, debt will accumulate.If payments are not received, the bailiffs can arrest property.
- Citizen has an informal income.
In this case you need to prove it.Then, it is first sorted out for illegal business activities and the concealment of income, and then another, and seek child support debt.
Methods of calculating alimony
often hear the opinion that it would be convenient if the child support if the father does not work, were any standard amount, for example, 2,000 rubles.But such a system would take into account all the nuances that are listed above.And hardly could satisfy fully the interests and plaintiff and the defendant.Therefore, the decision on the amount of payments received in court.
There are two ways of charge of child support: the equity ratio and a fixed sum.They apply equally to both working and do not have a steady income citizens.It is necessary to consider each of these in more detail and find out their positive and negative sides.
Equity ratio
most common and understandable to most people method of calculation.The parent must deduct child support certain percentage of their income, regardless of their presence, size and so on. D. The generally accepted following ratio: 1 child citizen should pay ¼ income 2 children - 1/3, 3 or more - ½.Child support, if the father does not work, calculated on the basis of the average salary.For example, if it is equal to 30,000 rubles, then the child will be charged 1 7500, 2 - 10000 3 - 15000. In some cases, may increase or decrease the size of the stakes (minimum - 1/6 of earnings), but the need for such changes have to provein a court.
Pros: fairly intuitive way to accrual.As long as the citizen does not find work, accumulated a debt that will be paid from the salary.If you do not find, at the expense of the property.In the depths of this method is particularly advantageous becausethe amount of support is often a small salary.
Cons: as soon as the parent will be on account of unemployment, the amount of support will be calculated from the amount of benefit.Sotspomosch usually barely covers the cost of living.
fixed amount
essence of these payments is that the parent must every month pay any specific amount.Its size is determined by the court.Alimony is indexed quarterly according to changes in cost of living.Consider a sample.Child support is paid a fixed sum.The citizen is obliged to pay on a monthly basis, for example, 5,000 rubles.For example, if the cost of living for children is 10,000 rubles. And then he equated to 11,000 rubles., The child support will also index the coefficient 1,1 and make 5500.
Pros : regardless of income, should be transferred to anotherthe same amount.If a person is on welfare, child support is not reduced.
Cons : if a citizen to get a paying job, the amount of child support will remain unchanged.
Payment
transfer money have a convenient way for both sides.The most common are:
- cash;
- transfer;
- transfer to the card or account.
Up to what age pay alimony
next question: "How many pay child support?" A parent is required to maintain their minor children.Therefore, when the child reaches the age of 18 end all obligations.The notion that child support should be paid if the child is in high school - is erroneous.
There are a number of exceptions.For example, alimony payments may end earlier if the child capable announced until they reach 18 years of age.The reason for this could be the beginning of a marriage or employment.
Alimony paid longer if the child has a disability, and thus its revenues below the subsistence level.
consequences of non-payment of alimony
If the other parent does not pay child support voluntarily, it is necessary to turn to the bailiffs.They seek them forcibly.The law provides for the following actions:
- Arrest property with its subsequent sale at auction.
- Freezing bank accounts.
- hold a share in the division of property as a result of divorce proceedings.
- ban on travel abroad until full payment of the debt.
- Appointment penalty.
- correctional labor for up to a year.
- Imprisonment for a short period of time.
last 2 points are rarely used in practice.They are used for malicious deviators.
Conclusion
parent to pay child support for the minor child.It does not depend on whether it works or not.If payment is not made voluntarily, it is necessary to file a claim.Child support will be collected forcibly.
