Yes, it is difficult, and sometimes very difficult. But this is the first step in the list of actions that will help to get more alimony when divorcing. As you know, in court, the approximate amount of alimony is calculated as follows: 25% of the spouse's salary for the maintenance of one child, 33% for two and 50% goes to alimony for three or more children (by the way, this formula has remained unchanged since 1936, when it was installed).
Before applying, try to sit with your ex-husband at the negotiating table - perhaps in the end you will still be able to find a common language, and the amount of payments will exceed these notorious 25 percent (while in court it can be reduced in some cases) . And do not trust only words. The ex-husband swears that he will not leave the heir - well, go to the notary's office and conclude an agreement in which the amount of payments will be prescribed. If your story doesn’t work out well, go to court with this document.
Only once a month in child support is the parent's financial participation in the child’s life not limited. For example, in the Family Code (Article 86) there is such a thing as “additional costs for the maintenance of the child” - these are funds that are paid from TOP alimony. They can be requested in an emergency - for example, if money is needed for serious treatment or the necessary rehabilitation of a disabled child. However, sometimes even “utility bills for housing, in which the child is the owner or one of the owners, are the“ additional costs ”(the latter is important). Here, everything will depend on how well the rationale is drawn up - why donations for the "communal apartment" are not enough and in what amount more payments are needed.
You can also increase the number of already defined and paid alimony. By law, this is theoretically possible in the case of a sharp decrease in the income of the parent with whom the child lives after the divorce (for example, the mother was fired from work), or, conversely, a serious increase in the income of the payer. But, again, you have to very competently substantiate your financial claims. And alimony assigned in a fixed amount (not as a percentage of income) is subject to indexation - if its procedure is not established by the agreement concluded by the spouses, then it is carried out in proportion to the increase in the cost of living.
Another important point is that you can claim child support for an adopted child (Article 137 of the Family Code). The procedure for determining and recovering them will be exactly the same as in the case of native children.
If you don’t agree on payments for a child, you need to contact the magistrate’s court. What documents will be needed:
- statement of claim,
- birth certificate of a child
- certificate of marriage and its dissolution,
- copy of the passport,
- a certificate of the composition of the family from the housing office of the place of residence of the parent evading their duties,
- Photocopies of all documents, including a statement.
In the event that it is difficult to establish the income of the father, it is necessary to provide with the application a calculation of the funds that, in your opinion, will be required for the maintenance of the child and the documentary justification of these expenses.
How to prove that there is little support?
Underestimated monthly amounts of alimony most often become possible when the most common method of collecting alimony is assigned for payment - the percentage in relation to all types of income of the payer. And since it is he who is the priority in the appointment of alimony, in accordance with Art. 81 RF IC with salary alimony withheld in the amount of:
- 25% - for the maintenance of one child,
- 33% - for two children,
- 50% - for three or more children.
Concealment of real income by the payer takes place if the recipient of alimony develops following typical situation:
- the monthly amounts paid by the ex-husband (father of the child) are "symbolic" - i.e. very low
- the recipient of the alimony is aware that the payer’s income is actually much higher than on paper,
- the payer has a good education, before the appointment of alimony at the same enterprise, he received a stable decent wage,
- an alimento-liable person periodically goes on vacation, makes repairs, acquires property, etc.,
- the payer works full time for a low official salary.
Oksana T. lived with her husband in marriage, her husband's salary was 40,000 rubles a month. After a divorce and child support in favor of one joint child in the amount of 25% (or 1/4 part) of the salary of the former spouse Oksana T. instead of the expected 10,000 rubles. began to receive alimony in the amount of 3 750 rubles. In a conversation with the bailiff conducting the proceedings, the recipient found out that the available certificate of the official salary of the husband differs from his real income at the enterprise known to his ex-wife - officially the father of the child receives only 15,000 rubles, from which There are 25% monthly in the form of alimony payments.
What to do if they pay small alimony?
If in this situation they turn to the bailiffs or directly to the court with their arguments, they will not be able to assist in its resolution, because only work with official documents confirming the income of the payer, namely:
- certificate of salary in the form of 2-personal income tax,
- information from the Pension Fund on deductions from official wages (contributions for compulsory pension insurance).
However, there are organizations where you can try to turn to a concerned recipient of alimony in order to “restore justice” in the form of revealing the real income of the payer:
- Territorial authority of state statistics - an organization that determines the average wage level of certain industries and types of activity (profession) by region of residence,
- Federal Tax Administration (further UFNS) - since this service itself is also interested in generating income (only in this case not personal, but state).
It is also necessary to determine the presence of a number of objective factors that indicate an underestimation of the amount of maintenance payments:
- the payer works full time (not shortened) working day, at full time,
- previously at the same enterprise he received decent funds,
- An alimento-liable person has a higher or special education (or has a working rank) and is employed in a specialty,
- the payer holds a significant position (director, chief, specialist, including a narrow profile, etc.),
- the activities of the enterprise are widely developed,
- advertising vacancies of this enterprise (organization) offers a higher amount than is presented in the official income statement, etc.
If you have this sample list factors, the child support recipient has enough reason to apply to the Federal Tax Service.
- Answer a few simple questions and get a selection of site materials for your occasion ↙
Appeal to the territorial body of state statistics
Before contacting the tax inspectorate, it is first necessary to find out - what is the average salary in the region paid to workers in the field of activity in which the alimony payer is employed. This is done so that the subsequent appeal to the tax does not become completely unfounded.
Alimony payer Nikolai O. provided the bailiff with a salary certificate of 10,900 rubles, holding the position of the head of the assembly section of the Krasnodar rehabilitation center for elevator equipment.
However, according to the Rosstat department of the Krasnodar Territory, the average monthly salary of employees of organizations by type of economic activity “construction and installation work” in 2016 amounted to 26,673 rubles / month. This means that at the enterprise where Nikolay O. is employed, salary payments are observed. below the industry average for the region.
To apply to the territorial body of state statistics (hereinafter - the Rosstat branch), you must:
- Find out the correct name and address of this body in the region of employment of the payer of alimony,
- Write a letter of appeal (preferably in writing, and not in electronic form) containing:
- name of the employer organization of the payer of funds,
- statement of your problem.
- Send a letter by registered mail and wait for an answer.
A sample application to the State Statistics Authority can be viewed below or downloaded here.
Territorial authority of the state
statistics on the Krasnodar Territory
Krasnodar, st. Ordzhonikidze, 29, 350,000
Eminova Tatyana Leonovna
Krasnodar, st. Polyarnaya, d. 8.
I appeal to you regarding the payment of alimony obligations gr. Eminovym Eldar Viktorovich. If you refer to the amount of alimony payments, equal by order of the bailiffs 25% of the salary, salary Eminova E.The. per month is 9,200 rubles, because at present, child support payments amount to 2,300 rubles.
The size of the official salary Eminova E.V. does not correspond to the position held by him, existing higher education in a specialized specialty and work experience (more than 8 years).
Place of work Eminova E.V. - LLC "Installation-equipment", position - specialist of the lifting and transport department.
In accordance with the foregoing and within your competence, I ask for clarification on the average income level of workers in the specialty of installation and construction works in the Krasnodar Territory for the period 2013 - 2017.
“____” ___________ 2017 ____________ T.L. Eminova
Why did I decide to recover child support from my ex-husband in court?
Usually a questionmaterial support for children from a previous marriage it causes a lot of emotions in men and most often negative ones, which is completely incomprehensible to me. If you already became the reason for the birth of “flesh from your flesh”, a new soul and at the same time consider yourself a loving father, then you must do everything to make your child feel good, and therefore be kind pay child support.
Why are fathers giving voluntary consent and voluntary payments, can be entered in the Red Book, as an endangered species?
The main reasons why men refuse to pay child support are several:
- Some do not pay out of revenge on their ex-spouse. In our country, the initiator of divorce is most often a woman. And very often you can hear from the outgoing spouse “Since you are so independent, raise a child yourself and don’t expect a dime from me!” In such a situation, fathers in a fit of feelings forget about the well-being of their child, which by chance becomes an instrument of revenge.
- One of the most common reasons is protestwhen the ex-spouse forbids the father to see the child, and he does not pay child support in revenge.
- Partly we ourselves are to blame. Protecting the husband from household chores and trying to cope independently, we bring up a dependent who, when divorced, is unlikely to be a responsible father. Be sure a husband who does not help his wife cope with the child during marriage, after a divorce, will not even think about the financial support of her son or daughter.
- In recent decades, social attitudes have changed significantly., and if earlier earning more was the prerogative of the husband, today more and more often the earnings of the wife are not inferior to the income of the spouse. Therefore, many husbands are of the opinion - why will I pay a “penny” from my tiny salary if my wife has several times more money than mine.
- Finally, this can be explained by ordinary egoism.. A man has a sense of responsibility either or not. And if the former spouse simply ignores the fact that his child needs clothes, food, training, then the only way out is to go to court.
In addition to money for a child, you can demand payments and on their own contentif you are pregnant (the child was conceived before the divorce) or the child is not three years old. And also, if you are disabled or care for a disabled child.
Appeal to the tax office (IFTS)
Applying to the tax service is a simple task, but here the recipient of understated alimony payments first of all needs to unambiguously decide for themselves whether it is worth dealing with this issue, as The consequences may be different:
- positive (if the official salary is still increased),
- negative (the employee who brought the company problems with the tax inspection can simply be reduced altogether, or the company will have such violations that it will not be able to work further in the foreseeable future).
Before contacting the tax office, the recipient of low child support should remember that this is far from always a win.
If you nevertheless decide to apply, you need to carefully study guide to action. The basis for the appeal will be:
- letter of the Federal Tax Service of the Russian Federation of July 28, 2006 No. BE-6-04 / [email protected]“On the direction for analysis and use of documents in work”, illustrating the text of the decision of the arbitral tribunal on the lawsuit filed by tax service employees on tax evasion of one enterprise, which became the starting point in initiating such inspections of enterprises,
- a copy of the salary certificate of the alimony person (it can be removed from the bailiff who is conducting your enforcement proceedings),
- copy of the response from the state body statistics with information about the average wage in the work industry of interest to us in the region,
- thesis statement of the situation in connection with which this appeal was needed:
- when the alimony was recovered,
- what amounts are paid monthly.
A sample of the appeal to the tax can be viewed further or download from the link.
IFTS of Russia in Bryansk
Bryansk, st. Krakhmaleva, 53, 241037
Laponova Natalia Vladimirovna
Bryansk, st. Frunze, 9-26, 241000
I am contacting you about the maintenance obligations of Laponov Maxim Igorevich in relation to his son, Laponov Oleg Maksimovich, born in 2005 According to the order of the bailiffs of the city of Bryansk, the amount of the monthly payment of alimony from M. Laponov must be 1/4 part (or 25%) of all types of income of the debtor. Since other incomes other than wages, M. Laponov not available, the amount of alimony as a percentage of wages is 2,340 rubles. - therefore, the monthly earnings of Laponov M.I. (graduate with 10 years of experience) at the company LLC Stroyplus is 9 360 rubles / month.
According to the data provided by the Territorial Authority of the Federal State Statistics Service, the average monthly salary of employees of organizations by type of economic activity (namely, the production of machinery and equipment) is 25,000 rubles / month.
Based on the foregoing, guided by the letter of the Federal Tax Service of the Russian Federation dated 07.28.06 No. BE-6-04 / [email protected] “On the direction for analysis and use of documents”, I ask you, within the framework of the authority, to conduct an audit of Stroyplus LLC, which pays the wages of their employees below the industry average, take the necessary measures and notify me of its results.
I attach to the appeal:
- A copy of the decision to institute enforcement proceedings,
- A copy of the certificate from the place of work Laponova MI about the size of the salary,
- A copy of Bryanskstat's answer.
"___" __________ 2017 ____________ N.V. Laponova
Based on such an appeal, the tax office is authorized to conduct an audit of the enterprise and notify the applicant of its outcome.
Consequences of a child support check
As discussed above, before you start fighting alone with a company that has a child support payer, you need to weigh everything.
- It’s good if the check you initiated brings a positive result and the official salary of the second parent rises (including if they stop paying the “gray salary” in the envelope at all).
- However, the employer may behave differently - get angry after a tax audit and, for example, ask the employee who raised the noise to quit “on their own” - in this case, there will be no need to wait for child support for some time due to lack of income from the ex-husband (father of the child).
In any case, if there are at least some levers of influence on negligent payers of alimony, you need to try and use them, especially when it comes to protecting the rights and interests of your own child.
Should the unemployed pay child support?
To answer this question, you should turn to family law. Article 80 of the RF IC establishes that parents are required to support minor children, regardless of their labor status, that is, on the presence or absence of work and earnings. At the same time, parents have the right to agree among themselves on the procedure and amount of payments for the maintenance of the child.
It follows from this that the lack of work and earnings does not remove the obligation to pay child support!
Минимальный размер оплаты алиментов с неработающего в 2019 году
Иногда для неработающего плательщика алиментов сумма может оказаться слишком большой. Indeed, the size of earnings in some cities and towns is much lower than the average for Russia.
Since the law defines only the procedure for accruing alimony, but does not establish a minimum amount of alimony, lawyers strongly advise solving this issue peacefully - by concluding an agreement. In the agreement, parents can set a minimum amount that will suit both.
If the agreement is not concluded, the minimum amount of alimony for the unemployed will be determined by the court. In this case, not only abstract average indicators will be taken into account, but also the real life circumstances of the parents and the child: level of earnings, region of residence, marital status, reasons for dismissal, period of unemployment, and so on.
If the alimony payer agrees to support the child, the court will establish the minimum amount of alimony that he will be able to pay. If the payer refuses to pay, the court will calculate child support in accordance with all the rules, taking the average earnings in Russia as a basis.
In some cases, the court may establish a fixed amount of alimony from a non-working payer. Its size will depend on what the previous level of support for the child was, what is the current financial and marital status of the parents.
If the child support payer has official unemployed status
If a non-working parent applies to an employment center and receives official unemployment status, he receives unemployment benefits. The amount of benefits is determined on the basis of the average wage at the last place of work or the average wage in the region of residence. Alimony is paid from this allowance - in the amount established by an alimony agreement or court decision.
The only problem is that unemployment benefits are extremely low and often do not cover child support obligations.
If the payer does not work and does not contact the employment center
If the payer does not work and has no earnings, but does not apply to the employment center, the alimony is collected in the general manner - in the form of a share of the earnings. But since he does not have official earnings, alimony is calculated on the basis of the amount of earnings at the last place of work or the average earnings in the region of residence.
If the payer is an unemployed disabled person or pensioner
When accruing child support from an unemployed disabled person or pensioner, his total income (pension, disability allowance) is taken into account. If this income is below the subsistence level in the region of residence, the state will undertake maintenance obligations. When determining the amount of alimony, the needs of the child will be taken into account, therefore, in the interests of the recipient - provide evidence of the maximum "need".
If the payer is not officially employed, but has erratic earnings
If the payer has earnings (albeit inconsistent), but it is not possible to collect alimony because the payer is not officially employed, the problem can be solved:
- By tracking cash receipts and spending. After a court decision is made to recover child support, you should contact the bailiff with a statement on tracking the income and expenses of the payer. This will allow you to check cash transactions and establish the amount of earnings, on the basis of which you can recover the appropriate amount of alimony - in a new trial.
- By obtaining evidence of payer income. Witnesses who are not interested in the outcome of the trial may testify about the alimony payer's income known to them.
What is the amount of alimony from a non-working person in 2019
How much should an unemployed pay child support? As is clear from the above, to determine the amount of alimony from a non-working person, it is often used indicatoraverage salary - either by region of residence or by Russia.
According to this provision, the amount of alimony will be 1/4, 1/3 or 1/2 of the average wage. In January 2018, the average salary in Russia was 36,000 rubles (the average salary in the region may vary!).
How is child support calculated? To roughly calculate the amount of alimony for the unemployed, we will build on this indicator.
An example of the calculation of alimony for a disabled
- for one child - a quarter of the average wage, 36,000 x 25% = 9,000 rubles,
- for two children - a third, 36,000 x 30% = 12,000 rubles,
- for three children - half, 30,000 x 50% = 18,000.
If the alimony payer is unemployed, but registered with the employment center, another indicator is used to pay alimony - the minimum wage unemployment benefit. In 2018, its maximum amount was 4,900 rubles. So, how to calculate child support from a non-working ...
- for one child - a quarter of unemployment benefits, 4,900 x 25% = 1,225 rubles,
- for two children - a third of the allowance, 4,900 x 30% = 1,633.33 rubles,
- for three children - half the allowance, 4,900 x 50% = 2,450 rubles.
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How I filed a claim for child support - a list of required documents
Not having received the voluntary consent to pay child support, it is best immediately go to court. The fact is that alimony will be collected from the moment the petition is filed with the court. Although the law and it is planned to receive alimony for the previous three years, practice shows that this is almost impossible, since this requires conclusive evidence of the plaintiff taking measures to receive funds, which is extremely difficult to prove.
TO drawing up a statement of claim should be approached very carefully and responsibly. The duration of the trial will largely depend on the correctness of its preparation.
A sample application can be obtained from a notary public.
It looks as follows: heading, heading, introduction, arguments, conclusion, petition, list of attached documents, date, signature.
- Document header includes the name and address of the judicial authority, full name, address of the plaintiff and defendant.
- In the introduction information about the child living now with one parent is indicated (date of birth and full name of the child).
- The argumentative part must report that the father refuses to voluntarily participate in the material maintenance of the child. Here, if possible, indicate the place of work of the spouse.
- In the final part provide links to articles of the Family Code that confirm the child’s right to receive child support from his father.
- Finish the text statements asking to recover alimony from the defendant in court. The request for the collection of alimony must be written clearly and concisely.
List all documents attached to the application below:
- Copies certificates of marriage and divorce.
- Copy child's birth certificates.
- reference on the composition of the family from the plaintiff’s place of residence, confirming the child’s residence with him.
- Copies passports of the plaintiff and defendant with a registration and a mark on the registration of marriage.
- References about the income of both parties.
- reference about the location, i.e. residence of the defendant.
- Justification and calculation amount of payment specified in the application.
- Receiptconfirming the payment of state duty.
This is a list of key documents, but in some cases they may additional information about the child is required: data on health, disability, place of study, as well as information about the place of work and the income of the mother.
The statement of claim is made in triplicate.: one to the district court at the place of residence of the father and one copy to the plaintiff and defendant.
What amount is required by law for the maintenance of a wife and children - calculation of alimony in 2015
There is no strictly defined amount for the maintenance of the child that the parent must pay. Currently, the amount is determined based on the sum of all types of earnings of the debtor. Alimony withheld after deduction from income tax.
There are two types of child support payments.: as a share of a statutory amount and a solid cash amount.
In most cases, the court decides to accrue in shares:
- For one child up to 25%.
- On two up to 33%.
- Three and more - 50% of the income.
In cases when:
- The defendant has an irregular or ever-changing source of income.
- Revenues are received in the currency of another country or in kind.
- Income is unofficial.
- If the assignment of alimony in shares is difficult or infringes on the interests of the child, the court shall establish payments calculated in a fixed amount.
The amount of payments in this case is related to the size of the living wage. The amount of alimony is calculated taking into account indexation, which depends on the place of residence of the person receiving alimony.
What to do if the ex-husband does not pay child support - how to resolve the issue under Russian law
And so the trial has passed, you get performance list determining the amount of alimony and the payment procedure with which you go to the unit of the bailiff service located at the place of residence or location of the debtor's property.
Bailiffs institute enforcement proceedings debt from husband.
Do not let things drift. In the office of the service, find out who is specifically involved in your business and make an appointment with him.
Ask how the enforcement process is progressing.Tell the bailiff information that can help him.: possible place of work or residence of the ex-husband, the coordinates of his friends and relatives.
Call, be interested in the progress of the process.actions taken to search for the debtor. File a petitionto take a security measure in the form of a ban on traveling abroad.
And now time goes on, but there is still no money? As it turned out, the court decision is not at all a guarantee of receiving alimony. Many debtors are not in a hurry to shell out money even after the initiation of enforcement proceedings.
How to receive child support if the debt on collection is growing, and the former has nothing to pay?
If the bailiffs have exhausted all possibilities and cannot find any levers of influence on the debtor, you will have to find them.
Firstly,criminal liability can be brought. When the amount of debt reaches six months, the non-payer becomes malicious. And in the Criminal Code for such individuals there is a separate article. By the way without your statement, they cannot be held accountable and open criminal proceedings neither performers nor law enforcement. Some defaulters lack the awareness of the likelihood of criminal prosecution to start paying child support.
But there are also completely “impenetrable” individuals who believe that if they pay a little bit every six months, then they are not at risk. This is an erroneous point of view - total debt is importantrather than continuity of payments.
Bring ex-spouse to civil liability. There is a huge penalty on existing debt, which can also be collected in court. You will be surprised, but in practice there are cases when the debtor"Scared" of civil liability, namely, an impressive amount of forfeit, far exceeding the amount of the main debt.
Submit a petition to the STSI and the Office of the Federal Registration Serviceto identify if the ex-spouse has any vehicles or immovable property that could be arrested.
If you think that the absence of payments lies in improper work of your bailiffwrite a complaint to his immediate superior. If this does not help, write above, up to the Ministry of Justice.
As you can see, in order to achieve something, everything always needs to be controlled.
Despite the fact that jurists insist that "the law is always on the side of the child," there is little to gain without personal active participation and initiative.