Alimony and the labor exchange: how to get alimony from unemployment benefits?

Is alimony paid from the labor exchange in 2021?

Unemployment benefits are paid taking into account the provisions of Federal Law No. 1032-1 of April 19, 1991. Funds are provided if a citizen is on the labor exchange. This name is given to an organization that plays an intermediary role between an employee and an employer. The labor exchange helps companies find employees and citizens get a place of work. While the person who applied for payments to the organization is not officially employed, he can receive cash unemployment benefits (Article 31 of Federal Law No. 1032-1).

The list establishing the types of income from which alimony can be withheld is reflected in the Decree of the Government of the Russian Federation No. 841 of July 18, 1996. Unemployment benefits also made the list. This means that alimony from the labor exchange in 2021 is also paid.

The main nuances of paying alimony to the unemployed

As we said above: lack of work is not a reason to evade child support, much less a valid reason to withdraw child support. Then how will things develop if the child’s father suddenly loses his job? You will have to face the following points:

1. If the father completely stops paying child support or helping him financially in other ways, then the mother receives the right to forcibly collect alimony and change the form of alimony payment to a fixed amount of money, which will not depend on the man’s income;
2. Alimony, if you are on the labor exchange, will be deducted from your benefits. At the request of the mother, they will be recalculated and paid in a fixed amount (see point above), based on the cost of living for the child in the region of his residence;
3. If the child's father does not pay child support, the amount of debt will accumulate. The amount of alimony from the average monthly salary in the Russian Federation will be added to it every month if the man remains unemployed.

According to the provisions of Article 113 of the Family Code of the Russian Federation, if the alimony payer does not have an official place of work, alimony will accumulate into arrears calculated from the level of the average salary in the Russian Federation.

To collect alimony, a woman will need any executive document:

• A writ of execution received from the court where the decision to collect alimony was issued (court order);
• Agreement on payment of child support signed by the parents in a notary office.

In addition to these circumstances, you must take into account that according to the Decree of the Government of the Russian Federation No. 841 of July 18, 1996 “List of types of wages and other income from which alimony for minor children is withheld,” the child’s father is obliged to pay alimony from unemployment benefits. Therefore, answering the question of how to pay alimony if you are at the labor exchange, we recommend that immediately after your dismissal you register with the Employment Center so that you do not accumulate alimony debts, and the child receives at least some monetary deductions from your allowance.

This resolution was issued to strengthen the protection and guarantee the fulfillment of the rights of a minor child to receive financial assistance from his parents. Thus, alimony from unemployment benefits will be calculated without fail.

However, please note that if the payer knows how to pay alimony, if you are at the labor exchange, and fulfills them, then he improves his situation and prevents the onset of the following unpleasant moments for him:

1. Accumulation of alimony debt;
2. Accrual of penalties for lack of timely payments (late alimony);
3. Administrative and criminal liability for non-payment of alimony;
4. Initiation of enforcement proceedings by bailiffs with all the ensuing consequences.

Therefore, our lawyers recommend registering with the Employment Center in the first days after dismissal, making sure that they have received a writ of execution for withholding alimony and are complying with it. Believe me, you, the payer, will have better control over the process of paying alimony than the bailiff service will do.

Law on alimony from unemployment benefits

There is no separate legal act regulating the issue of collecting alimony from unemployment benefits in 2021. the process is regulated by a whole list of laws. The list includes:

1. Federal Law No. 1032-1 of April 19, 1991. Regulates the rules for assigning and receiving unemployment benefits. Additionally, the regulatory legal act determines the amount of monetary support and the conditions for providing funds.
2. Decree of the Government of the Russian Federation No. 841 of July 18, 1996. Determines the list of income from which alimony can be collected.
3. Family code. In particular, it is necessary to pay attention to Article 80. The legal act establishes the obligation of parents to support their children until they reach adulthood. Article 81 fixes the amount of payments. Article 83 sets out the rules for collecting alimony in a fixed amount.

What the law says

Because of all these difficulties, it becomes much more difficult to provide your child with normal conditions for development. It’s also not easy for mothers in this situation; they have to save on everything.

Let's figure out how to get out of this situation and start receiving alimony from an unemployed father.

According to Russian law, parents are required to support their children until they reach adulthood. There are practically no exceptions to this rule. If the child's father loses his job, this does not mean that he may not pay child support.

Example 1: Tatyana’s ex-husband has not paid child support for 5 months since he was fired. Tatyana decided that this could no longer continue and wrote an application to the court to establish alimony in a fixed amount. As a result, the court agreed with the claim and calculated alimony based on the average salary in the region. Now the ex-husband must pay 6,300 rubles monthly

If you lose your job, the court may reduce the amount of payments. In addition, the collection procedure will change. Now bailiffs will be able to make deductions from unemployment benefits.

Remember that the law protects all children, even those born outside of a formal marriage. They must also pay alimony.

How to pay alimony from the labor exchange in 2021?

There are 3 ways to collect payments for needy family members. You can pay alimony from the labor exchange in 2021:

1. By agreement . The possibility of drawing up a voluntary agreement to provide funds for the maintenance of a child is reflected in Article 80 of the RF IC. Parents draw up a child support agreement of their own free will. The document records the amount of payments and the details of their transfer. Mother and father have the right to establish alimony in any amount, regardless of the income of citizens and the presence of official employment.
2. Based on a court order. This name is given to a single court decision to assign alimony without a detailed consideration of the case. A court order is issued in accordance with the provisions of Article 122 of the Code of Civil Procedure of the Russian Federation. In this case, alimony will be assigned strictly as a share of income. Payments in hard form are not established. In fact, it turns out that an order for alimony in 2021 can only be obtained if you have a stable monthly income in the form of wages or unemployment benefits.
3. Based on the writ of execution. The document is provided after the court has made a decision (Article 428 of the Code of Civil Procedure of the Russian Federation). Based on the paper, it is possible to forcefully collect alimony from the labor exchange where the obligated person is registered. To do this, you must provide a document to the FSSP.

Is it possible to avoid arrears of alimony upon dismissal and how to do it?

Until now, many men think that if they are not officially employed, then they will not have to pay alimony. This is far from true, and the payer’s lack of official income is not a reason for removing responsibilities, but a reason for initiating enforcement proceedings.

In addition to the fact that the man is deprived of funds to pay the debt, the amount of the monthly payment may increase. This is due to the fact that in this situation, alimony, if you are at the labor exchange, is recalculated according to the average salary throughout the entire territory of the Russian Federation.

For example, if in Moscow it is 100,000 rubles, and in Tver 20,000 thousand rubles, then a man will pay alimony for one child (25% of the average figure - 60,000 rubles) in the amount of 15,000 rubles. While previously he could pay 2 thousand rubles. Agree, a big increase.

There is only one way out: register with the Employment Center and apply for unemployment benefits, from which alimony will be deducted.

Payments from unemployment benefits according to the agreement in 2021

If the husband and wife voluntarily agreed to provide alimony from unemployment benefits in 2021, an agreement can be drawn up. The document is prepared taking into account the provisions of Article 100 of the RF IC. The agreement must be concluded in writing and notarized. Otherwise, the contract may be declared invalid. Withholding of alimony from unemployment benefits under the agreement in 2021 is carried out according to the following scheme:

1. A husband and wife enter into a voluntary agreement to pay alimony from the labor exchange. To do this, the married couple agrees on the provision of funds and the amount of payments, and then puts the information on paper and has the document certified by a notary.
2. The parent begins to transfer funds to the child. The amount can be set as a percentage of income or a fixed sum of money.
3. If the father does not pay child support, the recipient of the payments has the right to contact the FSSP, providing an agreement and confirmation of the absence of transfers. The fact is that the alimony agreement has the force of a writ of execution (Article 100 of the RF IC).

The procedure for withholding alimony from unemployment benefits if you are at the labor exchange

The procedure for withholding alimony from unemployment benefits in 2021 is exactly the same as in the case of collecting funds for child support from the payer’s other income. An obligated parent can voluntarily transfer the due amount to the offspring, or the recipient of payments collects money from the father (less often from the mother) forcibly.

It is necessary to prepare for the judicial procedure. First of all, you need to collect a package of documents. The list of necessary applications is prepared taking into account the requirements of Article 132 of the Code of Civil Procedure of the Russian Federation. You will need to provide:

• completed statement of claim;
• the applicant's identity card;
• children's birth certificate;
• a document confirming registration or divorce, if family legal relations have been officially formalized.

The list of documents is not exhaustive. The applicant has the right to include in the list any papers confirming the arguments set forth in the claim.

How can a child support payer reduce the amount of payments?

To request a reduction in the amount of alimony, the alimony payer must submit a corresponding application to the magistrate's court. In this letter it is necessary to clarify the details of the plaintiff and defendant. Such information is indicated in the header of the application.

The body of the application must clearly explain the circumstances associated with receiving unemployment benefits. It is also worth arguing for a request for a temporary reduction in the amount of alimony payments. To do this, the plaintiff must collect a package of the following documents:

• A copy of the alimony payer’s passport.
• A copy of the child's birth certificate.
• A document that officially confirms the reasons for collecting alimony in a certain amount.
• Certificate of dismissal of the alimony payer from the previous place of work.
• A document from the Employment Center, which will confirm the established amount for alimony payments.

There are many factors that can significantly influence the court's decision to reduce the amount of alimony payments. You can add documents to your application that will confirm a responsible approach to the alimony payment procedure. For example, you can provide monthly checks and bank statements that record the fact of payment of alimony.

Application for recovery of alimony from unemployment benefits

The application itself for the collection of alimony from unemployment benefits in 2021 must be drawn up, taking into account the provisions of Article 131 of the Code of Civil Procedure of the Russian Federation. The document is always drawn up strictly in writing. The presence of errors and corrections is unacceptable. The application can be written by hand or typed on a computer and then printed. Information must be presented consistently, adhering to a business style of writing. In order for the request to be considered valid, the following information must be reflected:

• information about the authority to which the appeal is sent;
• information about the participants in the proceedings, indicating contact information for prompt communication;
• document's name;
• the essence of the current situation;
• the requirements put forward;
• references to legal norms confirming the applicant’s correctness;
• list of applications;
• date of filing the claim and signature with transcript.

To minimize the risk of errors, it is best to use a rough claim form. An approximate sample application for the collection of alimony from unemployment benefits in the Magistrates' Court is available.

The collection of alimony from the labor exchange in 2021 can occur on the basis of a court order or a writ of execution. In the first version, the document is provided taking into account the provisions of Article 122 of the Code of Civil Procedure of the Russian Federation. A court order allows you to assign alimony from unemployment benefits in 2021 without lengthy proceedings. To receive the document, you need to follow the following procedure:

1. The citizen collects supporting documents and goes to court.
2. The application for issuance of the order is considered and the appropriate decision is made. The verdict will be positive if the requirement reflected in Article 122 of the Code of Civil Procedure of the Russian Federation is put forward.
3. The citizen obligated to pay alimony is sent a notice. The paper informs about the issuance of the order.
4. After 10 days, the applicant is issued an order.
5. The citizen submits an order to the FSSP for forced deduction of alimony from unemployment benefits.

IMPORTANT
The payer of alimony from unemployment benefits in 2021 has the right to cancel the order, which happens in practice quite often. To do this, it is enough to submit an application to the court that made the relevant decision. It is not necessary to explain the reasons for such actions. The court cancels the order and informs the recipient of the payments. In this case, the parent will have to act in accordance with standard claim proceedings and receive a classic writ of execution for withholding alimony from the labor exchange in 2021.

The district authority can also consider the applicant’s demands for the collection of alimony from unemployment benefits in 2021. In practice, the demand for payments from the unemployed more often occurs in federal courts, since the issue requires investigation, identification of the amount that is permissible for withdrawal, and will not infringe the rights of either the defendant or the plaintiff.

The procedure for collecting alimony from unemployment benefits in 2021 in the district court is carried out according to the following scheme:

1. The applicant collects a package of documents, draws up a statement of claim, determines jurisdiction and applies to the authority.
2. The documents are being reviewed. In connection with the provisions of Article 133 of the Code of Civil Procedure of the Russian Federation, a response must be given within 5 days. They may be hired or refused to consider the case, without fail explaining the reasons. If proceedings are initiated, the parties to the proceedings will be notified of the date and time the claim will be heard. For this purpose, summonses will be sent to the husband and wife.
3. The initiator of the proceedings visits the court on the appointed day and takes part in the proceedings.
4. The judge makes the final decision. The government representative is guided by the interests of all participants in the proceedings, including children.

The verdict comes into force in a month. The deadline is provided so that the participants in the case can challenge the judge’s decision by preparing an appeal (Article 320 of the Code of Civil Procedure of the Russian Federation). If a challenge to the verdict has not been initiated, the applicant will receive a writ of execution. Based on the document, you can contact the FSSP and forcefully request alimony from unemployment benefits.

Registration of alimony

If we are not talking about voluntary payment of alimony on the basis of an agreement concluded between the parties, then you can recover it from the unemployed parent by filing a claim with the magistrate’s court.

To initiate a trial, the following documents must be submitted to the court:

• statement of claim for the establishment of alimony maintenance;
• a photocopy of your passport;
• a photocopy of the child’s birth certificate;
• photocopies of marriage and divorce certificates (if any);
• a certificate from the defendant’s place of residence;
• photocopies of documents that can confirm the financial situation of the parties (both income certificates and additional documents indicating the presence of hidden income).

It is also recommended to provide a calculation of the amount of alimony based on justification of the actual costs of maintaining the child.

All documents and their photocopies must be presented in duplicate.

Based on all the materials of the case and the testimony of both parties to the trial, the judge will determine the amount and procedure for paying monthly alimony payments.

After the court's decision, the writ of execution will be sent to the bailiff service.

They, in turn, are obliged to use any income of the parent to fulfill his child support obligations.

You will probably be interested in looking at the mental map “How to get a divorce in the registry office?”, which describes in detail what needs to be done to file a divorce

Or find out HERE how to apply for alimony

How is the collection of alimony in a fixed amount for two children carried out:

The amount of alimony payments from the labor exchange in 2021

First of all, the amount of alimony from the labor exchange in 2021 depends on the method of claiming funds. If a voluntary agreement is drawn up with an unemployed father, the husband and wife determine the amount of payments independently (Article 103 of the RF IC). When an application is filed in court, the amount of funds collected is usually set as a percentage of earnings. The amount varies from 25 to 50% of the unemployment benefit. Very often, for citizens who do not have a stable income, payments are established in a fixed amount (Article 81 of the RF IC). The amount of payments depends on the financial and marital status of the parties, as well as other circumstances worthy of attention.

Percentage of alimony from the labor exchange

The collection of alimony in the form of shares of earnings is regulated by Article 81 of the RF IC. The amount of payments directly depends on the number of minor children the obligated parent has. If a married couple:

• one common child, payment will be 25% of income;
• two children, child support will be equal to 33% of unemployment benefits;
• three or more children, 50% of earnings must be transferred to support the children.

The obligated parent or recipient of payments has the right to file a claim to reduce or increase the percentage of alimony from unemployment benefits in 2021, taking into account the specifics of the situation.

An example of calculating payments from unemployment benefits

The specifics of calculating alimony from unemployment benefits in 2021 are no different from determining the amount of payments from other types of income. For example, a citizen is credited with 10,000 rubles monthly from the exchange. The alimony payer from the labor exchange has one child, and the court found that the father is obliged to transfer 25% of the income for the maintenance of the offspring.

Calculation: 10,000 x 25% = 2,500 rubles.

Another situation can be considered. Alimony from unemployment benefits is set in a fixed amount and amounts to 7,000 rubles. In fact, this is 70% of a citizen’s income. However, the person will be required to transfer this amount regardless of the amount of the benefit.

Examples of alimony calculations

In order to understand the system of deducting alimony from unemployment benefits, it is necessary to consider a specific example.

It is worth considering that its size is set based on the average level of official earnings over the last 3 months. According to Government Decree No. 1375 dated November 15, 2018, in 2021 the minimum amount of alimony was established in the amount of 1.5 thousand rubles, and the maximum amount was 8 thousand rubles. (for pensioners – 1280 rub.)

For example, citizen Petrov registered and receives 1.5 thousand rubles. He has one minor child for whom child support must be paid. The following calculation will be carried out at the employment center:

1.5 thousand rubles. * 25% = 375 rub. – amount of payments per child.

Petrov should receive 1125 rubles. (1500-375 rub.). But in fact, he will receive less. This will happen due to the fact that the cost of sending money will be deducted from the calculated amount. But even for such penalties there are also restrictions. A maximum of 70% of the unemployment benefit payment amount can be recovered. In this case, citizen Petrov can receive at least 450 rubles. And if you take into account delivery and money transfer services, this amount will be about 350 rubles.

Next, it is worth considering the situation when alimony is paid in the amount of more than a monetary amount. A father on unemployment benefits with such a child benefit system can find himself in serious financial difficulties.

For example, citizen Ivanov pays monthly alimony for a minor child in the amount of 6 thousand rubles. But, after some time, he lost his main job, and his official income is 3 thousand rubles. (size of minimum unemployment benefit).

Taking into account the minimum collection percentage, the amount of alimony from this level of income will be about 2.1 thousand rubles. Since according to the exaction sheet the amount of alimony was initially 6 thousand rubles, with monthly payments of 2.1 thousand rubles, Ivanov will still owe his child 3.9 thousand rubles.

How to file a claim for an increase in alimony from the labor exchange in 2021?

Article 81 of the RF IC states that it is permissible to file a claim in court for an increase in alimony, taking into account the financial or marital status of the offspring’s parents. Therefore, the mother or father living together with the child may request an increase in payments. To do this you need:

1. Collect a package of documents and prepare a statement of claim.
2. Go to court.
3. Take part in the proceedings.
4. Find out the final solution.

Additional information
To increase the chance of approval of demands for an increase in alimony from the labor exchange in 2021, you need to competently draw up a statement of claim. The document is drawn up according to the classical rules, taking into account the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. But it is worth understanding that if the payer of alimony from unemployment benefits does not have other “gray earnings,” then the court is unlikely to satisfy the parent’s demands for an increase in payments.

Methods for collecting alimony

In accordance with the law, alimony can be paid voluntarily, based on an agreement or by court decision.

Moreover, an agreement on the voluntary fulfillment of alimony obligations allows you to regulate the size, timing and forms of payments.

The collection of alimony by court decision is still the most common phenomenon.

In this case, bailiffs reserve the right to check for violations in accrual, withholding and timely payments.

How to file a claim for a reduction in unemployment benefits in 2021?

In practice, unemployment benefits in 2021 may be the only income of a citizen, and alimony, especially excessively large ones, actually leaves a person without a means of support. In this case, the obligated parent can file a claim to reduce the amount of child support payments (Article 81 of the RF IC). The procedure itself in judicial consideration of a case follows the classical scheme:

1. The citizen prepares for the trial, collects documents, and draws up a statement of claim.
2. The applicant goes to court and provides a list of papers.
3. Representatives of the authority review the documents, accept the case for work and make a decision to begin the proceedings.
4. The husband and wife are notified of the consideration of the case.
5. Former spouses take part in the proceedings.
6. The judge makes the final verdict.

Collection of alimony after deregistration at the labor exchange

When a person is deregistered at the labor exchange, he loses the right to receive benefits. The reason may be refusal of offered vacancies or employment in a new job. If you succeed in finding a job, the employer will handle the withholding of alimony after the payer is deregistered from the labor exchange in 2021. The employment center will transfer the original of the writ of execution to the new place of employment of the obligated parent. According to a similar scheme, funds are collected regardless of what is the basis for the provision of payments - an order, a voluntary agreement or a writ of execution.

If the parent’s deregistration at the labor exchange occurred due to refusal of vacancies, debt accumulation will begin. The accounting department of the Employment Center will return the writ of execution to the bailiff.

How to avoid alimony debt upon dismissal?

Payers of funds mistakenly assume that the lack of a job is a valid reason for non-fulfillment of obligations; in fact, the alimony debts of an unemployed person become higher due to their calculation from the average monthly salary in the Russian Federation, which exceeds the average salary in many regions of the country. A way out of the situation that is more convenient for the payer may be registration with the Employment Center (hereinafter referred to as the Employment Center): this will allow you to receive unemployment benefits and avoid accumulating arrears on alimony payments.

When an alimony payer loses his job, the accounting department of the enterprise where he was once employed is obliged to notify the bailiff service of his dismissal within three days, sending to them the original writ of execution, a copy of the order to lay off the payer and information about the place of new employment, if any. she knows (Article 111 of the RF IC).

If the payer does not find a new job and does not have the funds for the next monthly payment, a debt begins to form under the writ of execution, which may entail the application of various types of sanctions to the debtor:

• administrative (restriction of a driver’s license, ban on traveling outside the Russian Federation, seizure of funds and property, administrative fine);
• civil (deprivation of parental rights);
• criminal (imprisonment up to 1 year).

An unemployed alimony payer will be able to avoid the accumulation of debt, and, consequently, the application of liability measures, by registering with the labor exchange center (labor exchange) at the place of residence, since alimony will be withheld from the unemployment benefit paid during the selection period for a vacancy in favor of the claimant.

How and who can join the labor exchange?

According to Art. 3 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation” dated April 19, 1991 No. 1032-1 (hereinafter referred to as Law No. 1032-1), citizens can count on registration at the labor exchange:

• without a job or salary;
• seeking employment;
• ready to begin the proposed work.

The following cannot be recognized as unemployed in accordance with paragraph 3 of the above article:

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• persons under 16 years of age;
• pensioners;
• citizens sentenced to correctional labor or imprisonment;
• persons who provided false information about themselves;
• persons who refused training or an offer of work after registering with the Central Employment Center.

When contacting the territorial department of the Central Tax Service at your place of residence, you must provide the following documents:

• passport;
• employment history;
• a certificate from the previous place of work about the salary for three months;
• documents about the education received.

According to the Decree of the Government of the Russian Federation dated December 8, 2016 No. 1326 “On the amounts of the minimum and maximum amounts of unemployment benefits for 2021,” the minimum benefit amount is 850 rubles , the maximum is 4,900 rubles .

At the same time, the minimum amount of benefits is received by citizens who are looking for work for the first time, who did not have time to register with the Employment Center during the first year of dismissal, or who were laid off for various violations of labor discipline. Unemployed people who have worked at their last job for more than 26 weeks and who are registered with the labor exchange during the first year of dismissal can count on the maximum amount

What to do if an unemployed child support worker has not registered with the Employment Center?

If a parent obligated to provide for children has not registered with the employment center, this does not exempt the person from the need to pay child support in 2021. The recipient of the funds can contact the FSSP and demand forcible collection of arrears of alimony payments. The bailiff can seize accounts and property, and also, in exceptional cases, carry out the forced sale of the property of the offending parent to close obligations.

Where to go to get unemployment benefits for alimony payers?

First of all, the payer must register with the nearest employment center. The addresses and contacts of these institutions can be found using mobile applications and official websites.

The payer must take the following documents with him:

• Passport, SNILS, INN;
• Work book with a record of the last place of work;
• Salary certificate for the last two years;
• Application for registration.

As soon as the payer has registered and issued unemployment benefits, he is obliged to immediately notify the claimant and the regulatory authorities (the Bailiff Service) about changes in the amount of alimony if enforcement proceedings have been opened.

What is the penalty for failure to pay alimony for an unemployed person?

If the obligated parent did not register or was deregistered from the labor exchange in 2021 and does not support his children financially, then first of all the measures reflected in Federal Law No. 229 of October 2, 2007 may be applied to the violator for failure to pay child support. When engaged in forced collection of debt, a bailiff can:

• seize accounts;
• ban on traveling abroad;
• impose restrictions on the validity of a driver's license;
• impose a compulsory penalty on movable and immovable property.

The violator has the right to be brought to administrative responsibility under Article 17.14 of the Code of Administrative Offenses of the Russian Federation. The evader is subject to a fine of 1,000 to 2,500 rubles. In addition to the main set of measures, administrative arrest may be applied for up to 15 days (Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation) or an increase in the amount of the monetary penalty to 20,000 rubles.

Additionally, the father or mother may be prosecuted under Article 157 of the Criminal Code of the Russian Federation. Measures are used in cases of malicious evasion of child support payments. A citizen can be imprisoned for up to one year.

Problems and nuances

In practice, you may encounter a situation where the child’s father is not officially employed, but receives unofficial income. This feature can be brought to the attention of bailiffs. They will check all the citizen’s income and request alimony from the unemployed. However, proof of unofficial income will be required.

It is possible to collect alimony from unemployment benefits in 2021. Moreover, payments are established in the form of interest or hard cash. The husband and wife can independently agree on the provision of financial support for the child. To do this, parents draw up a voluntary agreement. If you cannot reach an agreement, you should go to court. An alternative is to obtain a court order.

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Without official employment, but with a constant income

The algorithm for calculating alimony from an unemployed parent who has an unofficial permanent income is to impose an obligation to transfer a certain amount of money to the offspring. The fixed amount is established as part of legal proceedings or based on the Agreement.

Due to the fact that the state is not able to accurately establish the level of unofficial income of a parent who does not live with the child, when calculating payments, only the objective needs of the child, proven by his legal representative, are taken into account.

Some unscrupulous parents pursue the goal of hiding their earnings not only from the state, but also from their own family. However, it will not be possible to evade alimony payments, since Article 83 of the Family Code strictly regulates the obligation to provide and support offspring until their 18th birthday, even if they have an unstable income or are officially unemployed.