Those parents who are required to pay child support, but for some reason, evade their obligations, obliged to compensate the resulting arrears of alimony.The party who is authorized to receive child support until they reach 18 years of age, has the right to apply to the court for alimony when the party obligated to pay child support evaders.
procedure for debt recovery alimony
Pending a decision on alimony the court has the right to make an appropriate ruling on alimony.In cases where the parties have failed to agree on the payment and where the payer refuses to pay, then the alimony is through the court by submitting an application to the judicial authorities.In addition to the principal amount, the court made the resulting recovery of child support debt.
arrears of alimony for the previous period shall be collected on the basis of a writ of execution or alimony paying agreement within the three years that preceded the presentation of notarization or writ of execution on the subject to the alimony.
If you hold them on the basis of the notarial agreement or court order to pay child support was not made because of the person obliged to pay child support collected in full for the whole period of time.Besides, there are debts for alimony bailiff established on the basis of their size, if they have been determined by agreement or by the court.
amount of maintenance is determined on the basis of earnings or any other income of the person who has to pay for the period for which the payment does not occur.If during this period the parent, to pay alimony did not work, then it is held 1 minimum wage, which was established in the Russian Federation in this period.If it is substantially undermine the financial well-being of a parent, the parent whose interests have been violated, may apply to the courts to establish the debt in a fixed amount.
How to recover arrears of alimony, if there is no income
In the absence of an agreement on child support, and where the party required to pay child support, has a floating earnings or other income or his wages or other income, non-existent, the Court hasthe right to establish a certain amount of maintenance to be paid every month.
Their magnitude is set based on the possible preservation of the child the usual standard of living and financial position of both parties.In the event that you are children of each parent, a fixed amount of money collected for the benefit of the poorer.
of the above, it follows that there is a certain amount of maintenance, and it is set by the court to keep a certain level of material life of a child.To determine the financial position of the Court takes into account all the existing sources of income.In addition, it should be noted that child support in a fixed amount levied only in the order of action proceedings.
Term alimony
Alimony paid by one of the parents until the child reaches adulthood.The resulting debt for alimony after 18 years it is possible to recover only on the basis of executive documents issued by a court of general jurisdiction, the limitation period does not exceed 3 years.
Recovery of maintenance for a period of time takes place on the basis of a court or executive orders within the three years preceding the submission of the respective executive document.
