According to statistics, every third family breaks up, the reasons are many and they are all different.When divorce is not only the union falling apart, but also sharply raises the question of payment of alimony for children under 18 years.
In a divorce the child remains in the care of a parent, in most cases with the mother and father are obliged contain child to adulthood by monthly money transfer - alimony.
procedure and conditions for the payment of alimony and all relevant legal relations are governed by the Family Code.
As a child left in the care of a parent, a minor, it acts against the legal representative, who must apply to the court for the place of residence with the application to recover from the debtor (the other parent) funds for its maintenance.
Terms alimony
Base are: age of the child and proven kinship between him and the debtor is obliged to pay child support.A person who is entitled to receive cash, may apply to the court for the recovery of those, regardless of the period elapsed from the time when there was a right to receive cash.In most cases, it is awarded to the date of going to court, but sometimes order alimony payments may vary.
So, if in the process of consideration of the case requires a party to be proved that even before applying to the court attempts to get money for the child, but paying alimony evaded their payment, then the authority may recover the money and for the previous period, but not more thanin three years.
In practice, there are two ways of payment: voluntary and involuntary
1. When paying on a voluntary basis or at the initiative of the parent entrusted with this obligation between the former spouses is an agreement governing the procedure, the size and terms of payment of alimony.
2. If for any reason the obligated party avoids making money for the child, the penalty will be made on the basis of executive document.This was strictly monitors personnel service jobs or the administration of the debtor's business.Deductible cash or transferred to the bank account, or delivered in person to the recipient of alimony.
There are cases when the official salary of the debtor - is low, and it is not enough for one hundred percent repayment of the entire amount of child support in this case for full payment may be withheld funds from existing bank accounts or levied on certain property of the debtor.
In accordance with the provisions of the Family Code, the amount of support depends on the number of children of the debtor.If the person has a minor child, the size of the penalty will be 1/3 of his salary, if two, the third, if three or more - then half the salary.
obligation to pay maintenance ceases when the child reaches adulthood.But there are cases when there are conditions of the payment of alimony, under which extends their application:
persons of full age have the right to receive alimony and then under two conditions:
• disability with any award of child disability;
• urgent need for additional funds (it is determined exclusively by the court in each proceeding).
Given annually increasing number of individuals who do not have a steady income, or actively conceal their real income, the government decided to develop a bill that establishes real minimum child support collected.It will not depend on income, but on the specific, officially established amount.
