popular belief is the fact of payment of maintenance by one spouse to another for material support of a minor child.However, the concept of alimony is much broader.Such payments are also possible with regard to the respect of parents and ex-wife, even the wife, lawfully married, may apply for the appointment of child support in respect of legal spouse, if another way of making money on the education of the child is not possible.
However, the most common form of child support paid by the father, are in divorce with the mother of the child.Officially adopted by the purpose of maintenance is to ensure optimal conditions for the existence of a child who is under age and living alone.According to Article 80 of the Family Code of the Russian Federation, alimony appointed to meet the physical, spiritual and moral needs of the child.
If you are unable to reach a peace agreement in the matter of the size and terms of payment of funds for the maintenance of the child, as well as in the event of a parent from his duties on material security, settlement of the question of payments takes place in court.
not only wages, but any other parent's income to be taken into account when calculating the amount of the payment of child support.The legislation also provides for child support to unemployed parents.Moreover, the amount of support in this case can vary significantly.Let us examine the situation of unrecognized officially unemployed parent.The amount of maintenance to the unemployed is calculated from the average monthly wage set by Russia.This is stated in Article 113 of the Family Code of the Russian Federation.
Recognition parents are unemployed and the placement of the center of employment registration forms the basis for the calculation of child support funds paid as unemployment benefits.It is important in a period of 3 days from the date of loss of job to notify the court bailiffs fact about what happened.
former spouse, which it determined the obligation to pay alimony, more profitable or be enrolled officially unemployed or working at the minimum rate, since the alimony to the unemployed being in the informal status will be assigned based on the size of one-fourth of the average monthlyearnings in the region.
little different situation in the case where the court has not yet ruled, and the parent respondent acknowledged unemployed.Alimony is determined by the court with the unemployed in the form of a solid payout every month, taking into account all the nuances of the position of parents.It is regulated by Article 83 of the Family Code of the Russian Federation.Alimony to the unemployed in this case can be reduced if the court finds the defendant's arguments valid and convincing.
Regarding the timing of the payment of alimony, their violation, if the agreement on child support, leads to a legitimate penalty assessed in one-tenth of the total outstanding amount for each additional day of delay.Malicious evasion from payment of alimony attracted to criminal liability.
There are situations where child support from the non-working hard to get pretty mean deviation of the parent to fulfill his duty to the child and the non-enforcement of the decision.In this case, it provided the defaulter of the alimony to attract liability under the Criminal Code of the Russian Federation.
Even if a parent is deprived of rights, it is not relieved of his duties on maintenance and material support of their child.This rule is spelled out in Article 70 of the Family Code of the Russian Federation.
