According to statistics, since the second half of the last century the number of divorces per year in Russia often exceeds the figure of 140 thousand.However, a divorce, sometimes it turns out - not the biggest problem.Divorce and alimony to a spouse go hand in hand.So you need to know about it as much as possible.
Alimony - this is the amount of money that, according to the court, is required to pay after the divorce one spouse to another - to whom was a minor child (or more children).That is, if the family is broken up at the time when the children are 18 years old, alimony - a question that is not subject to review.
It is worth noting that the money is intended for children, not the parents, with whom they stayed.In addition, an adult able-bodied child will be required to make payments to its disabled father and mother.
Recovery of maintenance in the courts
Generally, financially support their children after divorce can voluntarily.In this case, alimony can be stipulated in a personal conversation.However, if one spouse refuses his duties, this issue can and should be resolved through the courts.What should I know?Here are a few important points:
- apply for alimony shall be entitled to one of the spouses, as well as some members of the family (the person listed in the Family Code);
- court considers all the circumstances (within one month from the date of application) and uses them to make a decision;
- for one child provides an amount equal to a quarter of the income of the respondent.For two - thirds, three or more - half.This is taken into account not only the direct income of the payer, but also its other income;
- in the event that the defendant incomes less than the plaintiff, the court may decide the case is in favor of the first, or assign a share, much smaller than it is supposed to in normal circumstances;
- is such that the plaintiff or the defendant (and sometimes both) are minors.In such situations, in the proceedings are obliged to engage legal representatives of the spouses;
- alimony has no statute of limitations.That is, it may take any number of time since the divorce before applying one of the spouses the court (of course, it's going to happen until the children become adults);
- alimony are persons under 18 years of age.However, the law provides for the payment and for adults who are not disabled;
- costs of doing business, as well as payment of state duty fully vested on the shoulders of the defendant.The plaintiff does not pay anything;
- if the question of recovery of the plaintiff alementov tried to resolve by peaceful means, and the defendant evaded, after going to court may request the amount for the previous three years;
- in if you do not know the whereabouts of the defendant (and the data required in the application), the document should indicate to you the last known address where he lived.
Know your rights and those of their children and not be afraid to defend them!
