How to apply for child support for your mother?

When does the obligation to pay child support arise?

Family law establishes the obligation of parents to support children until they reach adulthood, that is, 18 years of age. This obligation may disappear earlier if the child declares emancipation (Article 27 of the Civil Code of the Russian Federation) or gets married before reaching this age. Or later, if the child is disabled (from birth or became disabled later).

Sometimes, a father may demand alimony while in a formal marriage. For example, if:

• the mother was deprived of parental rights;
• she does not raise the child and does not provide him with financial assistance;
• lives separately for a long time, etc.

Both parents bear an equal burden of financial support for children during the marriage and after its termination. With a slight difference: after a divorce, the child remains with one of the parents, in our case with the father. Therefore, the mother has the obligation to pay the money due to the child to her ex-spouse. The father uses this money to provide for the child's needs. Please note that deprivation of parental rights does not relieve you of responsibilities. Including the payment of alimony.

Under what conditions can child support be withheld from the mother?

In order for the child’s father to have a chance not only to demand alimony from his mother through the court, but also to receive it, a number of conditions must be met:

• Both mother and father must have a relationship with the child (children), confirmed by documents . This is usually easier for the mother; her name is written on the birth certificate. As for the father, he must confirm his biological paternity de facto de jure. That is, recognize it if the child’s document contains a dash in the corresponding column or if the birth took place out of wedlock.
• The mother must have an income . His absence will not be recognized in court as an argument for exemption from the obligation to pay alimony. But it will significantly reduce their size and the likelihood of receiving them. Practice shows that so far all measures applied to debtors do not have a tangible effect.
• The child's age cannot exceed 18 years . With the exception of a special case - disability. It does not matter at what age it was received. Adult but disabled children have the right to financial support from their parents.
• The period of claim for collecting alimony is three years . If the father has not previously applied to the court to obtain them, he can count on repayment of the debt for the last three years and further payment of funds on a regular basis.

The absence of an official marriage between the father and mother of the child will not be an obstacle to collecting alimony from the latter through the court. Her relationship with the child is enough.

Video

Amount of child support from the child's mother

The amounts of alimony obligations are provided for by law. They are the same for both parents. There are two options for setting the required amount. In the first case, this is done by the court based on the data presented and the defendant’s solvency. The second less common case is the existence of an agreement.

Child support in 2021

Important! An alimony agreement for a woman is used in a standard form, that is, the entire amount is stated there, and the terms of payment and the procedure for the payments themselves are established. If the established clauses of the contract are not fulfilled, the man has the right to go to court and obtain the payments that are indicated, including through collection.

In the case of an agreement, several conditions will need to be observed, among which the most important will be that the document has legal force and does not infringe on the interests of a minor in any form, since in this case the agreement is considered void.

With a standard assignment, the size is set based on the prescribed rates, including percentage or fixed rates.

Calculation of alimony amounts without agreement

The size is directly dependent on the number of minors who need support, as well as the financial situation of the payer. It may have a percentage of the alimony payer’s income or be fixed.

Share size in percentage:

• 1 person - 25% of total income;
• 2 persons - a third of income or 33%;
• from 3 persons - 50%.

  
  Division of alimony

A fixed payment in a fixed amount of money is established in case of unstable income or lack of official and permanent income. This option is also used when receiving salaries in foreign currency.

If necessary, the two payment options can be combined. It is also necessary to remember that the amount of payments may be increased or decreased if one of the parties applies to the court with additional information or reasons.

Important! In the absence of official employment, the amount of security must be calculated according to the minimum wage established in the region.

If there is a debt, an inventory and further sale of the property to pay it off are possible. This procedure is carried out by bailiffs.

Alimony in a fixed amount

Income for calculating alimony

To calculate funds payable, all types of income that can be received from any activity, including labor, are used. From wages, money is withheld from almost all funds, including:

• main and additional income, in particular when working part-time;
• income from government, scientific or artistic activities;
• labor bonuses or any allowances;
• sick leave or vacation pay, as well as various compensations for harm or unused vacation.

Read also: How to temporarily register your child for school

Additional income is also covered by alimony support. This can be either a pension, with the exception of funds received upon the loss of a breadwinner, or income from real estate or investments.

All business activities are also subject to the necessary payments.

Important! The legislation additionally has a list of incomes from which it is impossible to collect money. These include the amount of income tax, as well as various additional transfers that a person receives. An example would be alimony transfers from a third party. All non-taxable options are specified in Article 101 of Federal Law No. 229-FZ.

It will also be necessary to take into account that the maximum amount of funds from wages in the presence of debts cannot exceed 70% of the total salary and all allowances and bonuses.

Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”

Minimum amount of alimony

The minimum amount of alimony support depends on the type of collection.
If a percentage is established, then the minimum amount is equal to the established share. With a fixed payment option, there will be indexation and correlation with the regional minimum wage level. If such an amount is not established in the region, then the calculation is made based on the average amount in the Russian Federation.

An important point is the possibility of reducing payments, but for this you will need to provide the necessary data on this basis. Such conditions may include the birth of children, disability, or a difficult financial situation. All issues regarding setting the minimum amount in this case are considered by applying to the court.

Amount of alimony

The amount that the child's father will receive from his mother for maintenance depends on several factors:

• it is determined voluntarily or by court;
• children's age;
• mother's income;
• her family and financial status.

The Family Code gives parents the right to agree on the amount of alimony themselves and formalize it in a written agreement (Clause 1 of Article 80 of the RF IC). In this case, if the mother evades the obligation to pay, the court will proceed precisely from the terms of such an agreement. And collect the amount indicated there or a percentage of the income received.

If there is no agreement, then the amount of alimony is established based on the provisions of Art. 81 RF IC. The following values ​​are given there:

The court may change the size of these values ​​up or down. In this case, it will be based on circumstances worthy of attention, such as the financial and marital status of each parent, the presence of each of them other children, etc. A combination of methods is also possible: part of the income plus a certain amount on top of this.

If the child’s mother has an irregular or unofficial income, then it would be more logical to establish alimony in a fixed amount. This will help protect the child's right to receive maintenance from both parents equally.

For an adult disabled child, the father will receive alimony from the mother in a fixed amount. In this case, the rules of Art. 81 of the RF IC does not apply to determining their size.

How much can you expect?

Family law allows you to collect alimony in various forms: as a percentage, as a fixed amount and even in kind. But this diversity does not apply to situations where maintenance is paid to the child’s mother. In this case, alimony will be awarded in a fixed amount in accordance with Art. 91 RF IC. The exact amount is determined based on the financial condition of the payer and the recipient’s need criteria. If assigned, the alimony provider is obliged to pay it monthly.

But this rule applies only to a court decision. If the parties enter into an agreement, they can establish any amount of payments and the frequency of their provision.

Registration procedure

The law recognizes two ways for a father to formalize alimony from a child’s mother:

• treaty;
• judicial.

In the first case, the parents enter into an agreement between themselves, which specifies the amount and procedure for paying child support. The document must be drawn up in writing and must be certified by a notary. Otherwise it has no legal force. As long as the terms of the agreement are fulfilled and the parties do not have a dispute over the terms, the state does not interfere.

Through the court, the child's father can demand child support if the mother does not comply with the terms of the agreement or there is no agreement at all. To obtain compulsory maintenance, the father will need:

• Contact the court at the mother’s place of residence. Based on the results of consideration of the application, a court order is issued.
• Take this document to the bailiffs. They open enforcement proceedings and collect the amount of debt specified in the order and further alimony (through the sale of property, deductions from wages, etc.).

The child's mother can appeal the court order. To do this, she is sent a copy of the document. If this happens, the father will have to file a claim and prove his right to receive child support. In this case, contacting bailiffs is possible only after a positive decision on the claim.

The amount of alimony determined by agreement between the parents may be either greater or less than what is required by law. Everything depends on the goodwill and financial situation of the mother.

How to appoint through court

If the parties cannot agree or simply do not want to draw up an agreement on alimony, the issue is resolved in court. To do this, a woman needs to prepare and file a claim. If the parties have no real contradictions, the statement of claim can be considered in the magistrate’s court. It's easier and faster. The judge will issue a court order, which has the force of a writ of execution.

If there are disputes, it is better not to waste time going to the magistrate’s court, because The defendant can easily cancel the court order.

In this case, the claim must be immediately filed in the city (district) court. You can choose an authority located at the mother’s place of residence, because she has a young child (Article 29 of the Code of Civil Procedure of the Russian Federation).

Cases regarding the collection of alimony are considered within a month after filing the claim. If other requirements were not stated along with establishing the content, more than two meetings are rarely required to make a decision. It comes into force immediately after its announcement.

Afterwards, this executive document is submitted to the FSSP. If the plaintiff wants to speed up the process, she can take a copy of the decision to the bailiffs herself. Next, SSP employees will open enforcement proceedings against the defendant. The judgment will be sent to his place of work.

Subsequently, the accountant at the enterprise will independently deduct the required amount from the payer’s earnings. And send it to the woman’s bank account. If the plaintiff wishes, money can be sent to her by postal order.

Methods for collecting alimony

The term “collection” implies the compulsory nature of this action. And indeed, if the negligent mother does not want to pay, the bailiffs will force her to do so. The father addresses them, holding in his arms:

• notarized agreement;
• court order;
• decision to satisfy the claim.

Bailiffs have two options to collect the required amount:

• Apply with a writ of execution to your place of official work. The employer will withhold part of the employee's salary and transfer it to the specified account. This is done automatically; consent to deduct from your salary is not required.
• Use funds from bank accounts. This method is used when the official salary is too small or absent (for example, for an individual entrepreneur). Funds from the debtor's account are transferred to the account of the child or his father.
• Auction part of the property. To do this, an inventory is carried out, and then implementation is organized. The proceeds go to cover the alimony debt. The remainder, if any, is transferred to the former owner of the items.

If the court satisfies the claim and collects alimony from the working mother for the last three years, then the debt will be repaid in installments. Labor laws limit the amount of wage deductions, even when children are involved.

conclusions

The law protects the right of minors to receive maintenance from both parents. Mothers are obliged to pay maintenance to their children in the same cases as fathers and in the same amount. Parents are not required to be married. The mother can pay the money due to the child voluntarily. Or they will be collected from her through the court.

When considering the issue of child support, the court will take into account the income of both parents, their marital status and whether both have other children in need of support. However, none of these factors is a basis for canceling the parents' responsibility to provide for the needs of the child until he reaches adulthood, and in some cases, longer.