Conditions for assigning child support for a child under three years of age
They are not particularly different from the conditions that are observed when assigning alimony for the maintenance of children of a different age.
If one parent does not live together with his child, does not take part in his upbringing, and does not spend money on his maintenance, he is obliged to pay alimony.
Whether they will be paid by mutual agreement of both parents, by court order or writ of execution is not important.
The basic rule: they must be paid monthly and in a set amount - in a fixed amount or as a share of the total income of the alimony payer.
Voluntary payment of alimony by mother to father of child
If the parents of a minor child are married and have undergone the emancipation procedure, then they are entitled to independently enter into a notarial agreement on the payment of alimony.
If the minor parents are not married and have not undergone the emancipation procedure, then the legal representatives of the minor parents, acting in their interests, can enter into a notarial agreement on the payment of alimony. If one of the minor parents has not reached the age of 16, the child’s guardian will be a party to such an agreement.
A sample agreement form should contain:
- Full name, personal and passport data of the parties to the agreement, legal representatives of the parties, as well as the child for whose maintenance alimony is paid;
- Amount of alimony, conditions for indexation of alimony, terms and procedure for their payment;
- Additional conditions that do not contradict the law;
- Signatures of the parties and their legal representatives.
IMPORTANT : the agreement on the payment of alimony must be drawn up exclusively in notarial form and duly certified.
Conditions for assigning child support to the mother of a child under 3 years of age
Article 89 of the Family Code of the Russian Federation talks about the obligation of spouses to financially support each other. If one of the spouses has the opportunity, but refuses to provide this help to the needy - the second spouse, that is, for example, if the father does not pay alimony, the wife will be able to demand alimony from him in court. Important conditions must be met:
- the needy spouse must be disabled;
- this is a pregnant woman;
- this is a needy spouse raising a child under three years old;
- a spouse caring for a common disabled child of group 1 for life, or a disabled child of group 2-3, until he reaches the age of eighteen.
But the main condition is that the spouse (or former spouse) must be legal, and not civil.
Responsibility for non-payment of child support by the mother
Current legislation provides for the following types of legal liability for non-payment of alimony:
- Civil liability of the mother for non-payment of child support . Accrual of penalties and financial sanctions provided for in the notarial agreement. If the child’s mother does not comply with the court decision to pay alimony, the father has the right to apply to the court to demand a penalty in the amount of 0.1% of the amount of unpaid alimony for each day of delay. In addition, the child’s father has the right to demand recovery of all losses caused by non-payment of alimony (for example, joint fulfillment of loan obligations taken for the treatment of the child).
- Administrative responsibility for alimony debt on the part of the child’s mother . If the child’s mother does not fulfill her obligation to pay alimony for more than two months from the date of initiation of proceedings, the child’s father has the right to submit an application to law enforcement agencies under Part 1 of Art. 5.35.1 Code of Administrative Offenses (fine - up to 20,000 rubles).
- Criminal liability of the mother for evading payment of child support . In the event of repeated unscrupulous facts of non-payment of alimony and bringing the alimony payer to administrative responsibility, the father of the child has the right to demand that the mother of the minor be brought to criminal liability under Part 1 of Art. 157 of the Criminal Code of the Russian Federation.
ATTENTION : in exceptional cases, it is possible to deprive parental rights in court.
Child support for a child under three years of age and for his mother
Do you know that
If the ex-wife (mother of a common child) remarried, even if the court recognized her as needy and disabled, alimony payments are terminated. Thus, the ex-spouse is no longer required to pay to support his ex-wife.
We said above that alimony for a child under three years of age is no different from alimony for children of a different age or alimony for adopted children.
Also, the spouse who cares for such a child will be able to demand alimony. More often this is a mother who is on maternity leave. With all this, this parent must be in need, that is, due to the child’s young age, he does not have the opportunity to work and raise funds to support the child and himself.
It is no secret that it is difficult to raise a child on the allowance that our mothers on maternity leave receive. And even coupled with child support, this amount is not always enough to ensure that the child eats normally, is clothed and has shoes.
The issue of collection and amount of such alimony can be resolved by concluding a voluntary agreement with the second spouse. Or by filing a claim in court. It will also be necessary to prove to the court that the spouse caring for a child under three years of age actually needs additional support. The court will also examine the financial situation of the second spouse.
We must not forget that, according to Article 90 of the Family Code of the Russian Federation, the mother of a child under three years of age has the right to demand alimony for her own maintenance, subject to a difficult financial situation, but this obligation does not automatically arise for the father of the child. The wife will be able to collect alimony for herself after filing a corresponding demand.
Does a mother deprived of parental rights pay child support?
Maintenance of a minor child is not a right, but a responsibility of parents. If the mother of the child has been deprived of parental rights, she must nevertheless fulfill the obligations for his maintenance.
It is important to note that judicial practice is developing in such a way that if the issue of deprivation of parental rights of one of the parents of a minor is decided, the court must raise the issue of collecting alimony from the parent who should be deprived of parental rights (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 14, 2017 N 44). Otherwise, interested parties will have the right to appeal this decision.
If the interested party missed the deadline for appealing the decision of the court of first instance, a separate demand should be filed with the court to collect alimony from the parent of a minor deprived of parental rights.
Amount of child support for a child under three years of age
It is calculated in the same way as the amount of child support for a child of a different age. And it can either be specified in a voluntary agreement concluded by the parents, or established by the court in fixed monetary terms or in a certain proportion of the total income of the person obligated to pay child support:
- up to 25% - for one child,
- up to 33.33% - for two children,
- up to 50% - for three or more children.
When setting the amount of the monthly payment, the court must examine the financial situation of both parents. It also takes into account the calculation of child support costs provided by the plaintiff.
Amount of child support for the mother of a child up to three years old
The plaintiff - in our case, a mother raising a child under three years of age, will be able to indicate in his application the amount of alimony that he would like to receive for his maintenance. With all this, he must take into account that according to the law, no more than 50 percent of the amount paid for the maintenance of the child can be recovered from the second parent.
Example: if a father pays child support in the amount of 10,000 rubles monthly, then he will be required to pay no more than 5,000 rubles for the maintenance of his mother. This is due to the fact that, according to Russian family law, child support is the responsibility of both parents equally. Therefore, the costs for it should be divided equally.
This is precisely what is connected with the method of paying alimony to the wife in hard monetary terms and nothing else.
Registration of alimony and necessary documents
Alimony for a child under three and his mother can be issued:
- notarized (when an agreement on the payment of alimony is concluded between the parents);
- under a court order for the payment of alimony;
- on a claim for alimony.
The main condition for an alimony agreement between former spouses is notarization. If this condition is not met, then there is a possibility that the agreement will be invalidated.
Documents required for registration of alimony for wife and child:
1) passport of the plaintiff,
2) the child’s birth certificate or
3) a certificate from the antenatal clinic indicating the duration of pregnancy,
4) certificate of marriage (if the marriage has not yet been dissolved),
5) certificate of divorce (if the marriage has already been dissolved) (read more in our article about filing a divorce if you have children),
6) certificate from the defendant’s place of residence,
7) information about the lack of income or low income of the child’s mother (certificate from the place of work about being on maternity leave, a certificate from social security about the amount of benefits, etc.).
All these documents, as well as their copies, are provided to a notary (when there is a voluntary agreement between the spouses), a magistrate in order to obtain a court order, or are attached to the statement of claim for the recovery of alimony.
How to properly file a claim for payment of money against a spouse who is raising a disabled child?
In the application, indicate the period during which you expect to pay the allowance. The father will have to pay money until the disabled child reaches adulthood. If the child is diagnosed with the first group of disability, then the payment of allowance is not limited for a period. The mother of a disabled child must be recognized as needy. Child support after 18 years of age is also allowed.
When the mother of a son/daughter is disabled, money from the spouse is also due. In this case, the disability must occur before the divorce or within a year after the divorce.
The fact of divorce does not matter if a woman is pregnant with a common child.
Were you able to agree on the amount of alimony? We do not advise you to believe words. We recommend signing the agreement. An indication of the need to conclude an agreement on alimony is contained in Article 81 of the Family Code. The document must be certified by a notary, then it will have the force of a writ of execution. In the agreement, indicate the date when the money should be transferred to the son/daughter and specify the amount of the amount.
Collection procedure
If an agreement on the payment of alimony has been concluded between the parents, and it is certified by a notary, then you can immediately contact the bailiff service with it. This agreement is already binding, and alimony can be collected under it. If the agreement has not been notarized, you will need to additionally contact a notary to comply with the entire procedure.
If the plaintiff knows for sure where the defendant lives and works, he will be able to go to the magistrate’s court and write an application to obtain a court order for alimony. After considering this application, the magistrate will issue this order, in which he will determine the amount of alimony in accordance with family law. With this court order, you can already go to the bailiff service, which will collect alimony from the debtor.
If the second parent does not agree to fulfill his obligation to pay alimony for the maintenance of the child and his mother, the first parent has no choice but to draw up a statement of claim and submit it to the magistrate’s court to resolve the existing dispute. We talk about how and where to properly apply for alimony here - https://divorceinfo.ru/2349-kuda-kak-podat-zayavlenie-na-alimenty-posle-razvoda-suprugov
Also, only by filing a statement of claim in court will it be possible to resolve the issue of assigning alimony in a fixed amount. And both for the child and for his mother. But in the second case, the judge will additionally need to submit papers confirming the costs of maintaining a child under three years of age and his mother and prove the need to assign a specific amount of alimony.
After considering the claim, the judge decides to issue a writ of execution. Based on it, bailiffs will be able to begin work on collecting funds from the alimony payer.
Collection of alimony from a minor mother
The key issue when resolving the procedure for collecting alimony from a minor mother is the fact that the minor parents are married.
- Minor parents are married. If minors marry, they become fully capable citizens, and, therefore, independently enjoy all parental rights in relation to the child and independently bear the responsibilities for his upbringing. In this case, the procedure for collecting alimony from the child’s mother is completely identical to the collection of alimony from an adult citizen, regardless of the presence of a permanent source of income.
- Minor parents are not married. In this case, recognition of the fact of paternity is necessary (notarized consent to paternity or a court decision).
IMPORTANT : notarized consent to paternity is a voluntary form of recognition of paternity.
If it is impossible to voluntarily recognize paternity, the child’s father should apply to the court with an application for recognition of paternity and a request to conduct a forensic biological examination.
If the emancipation procedure has not been carried out against the child’s mother, alimony will be paid by the parents of the minor.
Mother is not entitled to child support
There are several cases when a spouse who does not want to pay alimony for the maintenance of the mother of his child will be able to avoid this obligation:
- the marriage lasted a short time (less than a year, etc.),
- unworthy behavior of the spouse in marriage, which served as a reason for divorce (infidelity, drunkenness, etc.),
- the spouse became incapacitated due to her own fault (committing a crime, getting injured while drunk, etc.),
- it will be proven that the spouse is hiding the real amount of her income in order to receive alimony.
Cancellation of alimony for the maintenance of a spouse (former spouse) can be achieved at any time by proving that her financial situation has changed and improved in comparison with the income of the payer. There are also some situations in view of which the amount of alimony can be reduced - more on that on the page.
If you still have questions about how alimony is paid for the maintenance of a spouse until the child is 3 years old, then ask them in the comments
Form of claim for the recovery of alimony for the maintenance of a former spouse
