main duty of parents - the content of their children until they reach adulthood.We all know that often the situation where, for some reason, this obligation is not fulfilled.What to do in such a situation?The answer is simple - to sue for alimony.
Child Support Payments: general information
Not everyone knows what to apply for child support does not necessarily wait for a divorce.Even if a marriage between spouses is not terminated, it is possible to treat the requirement of determining the amount of child support.If you plan to divorce, sued for divorce and alimony can be combined into one record-keeping.
How to collect child support and what is the minimum amount possible?The amount of payment can be defined as a fraction of the earnings of the payer or be set at a fixed amount.Per child is due at least a quarter of the income for two - at least a third.For three or more children - half of all earn money.A claim for alimony in the amount of a certain sense to apply if the payer is unemployed or temporarily recognized as unemployed.But it certainly would be a small amount.Its calculation is made on the minimum monthly wage labor in Russia.
If you change the material conditions of the defendant, he has the right to challenge the amount of child support in court.For example, under such circumstances, as the birth of children or ill health, it is likely to meet this claim.Also, the amount of support can be changed if earlier awarded for the maintenance of another child.Alimony is awarded from the date of the plaintiff to the court.To collect payments for the previous period is not so easy, but possible.It does not get to collect child support debt for more than three years before going to court.Parents are limited in their rights or deprived of them, as required to pay alimony.
How to file a claim for alimony?
Things to appoint joint maintenance payments children under 18 are the responsibility of the magistrate.It is necessary to apply to the portion corresponding to the place of registration of the defendant.The statement of claim for the recovery can be written on the site, or download it in advance to sample Internet portal of public services.Also, you need the following documents: birth certificates of children and their copies, proof of custody or divorce, an extract of family members to the place of registration of the child.
After the adoption documents, the judge shall appoint a hearing no later than one month after treatment.Once a claim for alimony satisfied, the defendant is required to begin to list every month a fixed amount.In some situations, the amount of alimony may be transferred property or payments can not be charged on a monthly basis, and only four, or even twice a year.Monitor execution of the judgment required to bailiffs.In case of refusal of the defendant to pay child support, may be seized on his private property and taken other measures.
