We continue to cover the most frequently raised topics related to family law, and helps us in this lawyer Igor Popovski.Today we will talk about collecting child support.
Official statistics show that more than half end in divorce marriages of this amount in half of the families have children.Parents often shy away from the content of their minor children, changing the place of work and residence.Sometimes, the judgment can not be executed due to an unknown place of residence of the parent.
provisions of the Family Code establishes the duty of parents to maintain their minor children.The type and method of keeping children established by parents.Parents have the right to make a notarized agreement on the content of children (alimony paying agreement).
This document specifies the quantity, timing and mode of payment of alimony determined by the parents themselves.By law alimony may be paid fixed share of the earnings or some income;a certain amount of money which is paid periodically, or at the same time;as well as possible in payment content to transfer the property.These methods can be combined alimony.
When parents do not pay child support for their children, the funds for their maintenance could be recovered through the courts.If a parent has a salary that is paid per child 1/4 for two children - one third on three or more children - half of the salary of the debtor.The amount of payments to be increased or decreased, and the need to take into account the financial and marital status of parents and other relevant circumstances of the case.
And what to do if a parent does not work?In this case, child support paid to other available types of income or earnings, including the old-age pensions, various allowances, adverse income (interest on deposits, income from shares, income from lease of property).Types of wages and incomes, which can be imposed a penalty of alimony, determined by law.
If the court ruled that alimony, after its entry into force, it is necessary to obtain a writ of execution and forward it to the bailiff service, and then instituted enforcement proceedings.First obligated parent bailiffs determined period of time for voluntary repayment of executive demands.Usually from the parent debtor is required to specify their place of work, other sources of income;pay the current amount;payments of arrears of alimony.Voluntarily fulfill legal requirements can be up to 5 days from the commencement of enforcement proceedings.
When the writ is sent to the parent at work, then it must indicate the value of the amount to be withheld;the size of the debt;address data vzyskatelja where to direct the amount of the alimony.
often happens when the funds for the maintenance of children by parents are not paid voluntarily, citing lack of earnings or income the debtor is sometimes relocate, without putting anyone in fame.In this case, the debtor parent can come the criminal liability for willful evasion of payment of alimony (art. 157 of the Criminal Code).
evasion of alimony - a periodic refusal to execute the court's decision on the payment of child support, as well as the direction of the collector or bailiff of false information about the place of work or the amount of wages.The fact of evasion of payment of alimony must be accurately set.Do not be criminally responsible citizen, if he is beyond reason itself a long period of time does not work (the liquidation of the enterprise, a serious illness, redundancy).In this case, the bailiff will count parent-debtor the amount of alimony debt, based on the average wage in the country.
In practice, there are cases of Education arrears of child support from the non-observance of the debtor's employer to withhold child support obligations.In this situation, the claimant has the right to file a maintenance claim to recover a sum of money to the debtor parent's employer, if found guilty of the organization.
Also, there are situations where a parent is charged obliged dummy the minimum wage, and the principal amount of the debtor receives the "envelope".In this case, an effective measure of alimony may be a message that information to the bailiffs to verify the financial activities of the employer of the debtor.From there, a request is sent to the tax office, in which the organization is registered.In the case of confirmation of this information, the organization, the employer may be held administratively liable.
In practice, alimony is usually a long and laborious process.Often found and inaction of bailiffs, the failure of their duties, that the recipient of child support shall be entitled to appeal to the district court at the location of the department of bailiffs.If you have this problem, consult your family lawyer, we will try to help you.
lawyer Igor Popovski
bodies.8 (499) 408-69-86;8 (925) 814-38-57
Articles Source: advokat-profes.ru
