If my ex-husband pays small alimony, what should I do?

Increasing the amount of alimony if the alimony is below the subsistence level

It may also be that the payer has the status of an individual entrepreneur, whose business is not going very well, then even 25% of the income will be a rather small amount.
What should the recipient of the funds do? How to feed and provide everything a child needs? What to do? In practice, several solutions to the problem have been developed. Not to say that they are extremely effective, but at least they somehow allow us to change the current situation. Contacting the FSSP authorities It happens that the alimony worker deliberately gets an official job with a minimum wage - in order to pay less.

In fact, he either receives a higher salary than indicated in the employment contract, or has other income, say, from business activities that are not properly documented. The duties of the bailiffs include searching for all income of the payer from which alimony can be withheld.

Help from the FSSP

A mother who wants to increase the amount of child support will need to conduct almost an entire investigation. The point is that only the court has the right to issue a decision to increase the amount of deductions. Before contacting this authority, a woman will need to collect concrete evidence indicating that the father of her child has sufficient financial resources. Without an evidence base, the risk of losing the case will be extremely high.

The territorial branch of the Federal Bailiff Service (FSSP) can help a woman in collecting evidence . When it comes to paying alimony, it is allowed to apply not only with a writ of execution or a court order, but also with a notarial settlement agreement, because all these documents are considered equivalent to each other.

The duties of the bailiffs include searching for all income of the alimony payer , from which alimony may be withheld. This means that authorized persons have the right to make inquiries about a man’s banking assets, property belonging to him, real wages, etc. In order for the bailiffs to initiate their own inspection, the woman will need to write a corresponding statement. The document must include the following information:

• addressee (it is acceptable to indicate either the full name of a specific employee or the full name of the department);
• Full name and residential address of the applicant;
• information about enforcement proceedings (when, by whom and in whose favor it was started);
• request (search for income and property under the control of the alimony payer);
• current information about the alimony payer, his income and property, if this is known to the applicant;
• list of attachments (mandatory - a copy of the title document and a copy of the resolution on initiating enforcement proceedings, other documents - optional);
• date of compilation and signature.

applications to search for income of alimony payer

Practice shows that bailiffs are more willing to participate in a case if the applicant provides them with comprehensive information about the alimony payer and his income. At a minimum, the woman will need to tell employees why she has suspicions about her ex-husband. If authorized persons fail to act, the mother will need to use traditional levers of pressure - these could be complaints to superiors, as well as appeals to supervisory authorities (Prosecutor's Office, court).

If it turns out that the father actually hid his income or deliberately avoided paying sufficient child support in other ways, the mother will need to go to court. Here she will be able to refer to the results of the checks as a basis for increasing the amount of alimony. A lawless man will also be brought to administrative and even criminal liability (in case of malicious evasion under Article 157 of the Criminal Code of the Russian Federation).

If the husband pays little alimony

In Art. 81 of the Family Code of the Russian Federation specifies what share of income a parent should allocate for the maintenance of 1, 2, 3 or more children. The percentage ranges from 25 to 50. The following must be taken into account: the minimum wage in 2021 is brought into line with the subsistence level.

The latter, on average, is set around 10 thousand rubles. Thus, if a man receives 1 minimum wage, then alimony will range from 2.5 to 5 thousand.

rubles This is very little. Even though the parent is working. If the husband is on the labor exchange, then the payments will be even less.

This applies to both a fixed amount of money and shares of earnings. At the same time, it is also necessary to proceed from the fact that the payer should not be left without a means of subsistence.

To do this you will need the following documents:

• A copy of the divorce certificate, certified by a notary.
• A copy of the birth certificate of a child under 18 years of age, certified by a notary.
• Documentary evidence of changes in the financial status of the alimony recipient.
• Original certificate 2-NDFL for the last 6 months.
• An extract from the house register, a copy of the financial personal account at the place of residence (from the EIRC).

Thus, if you have sufficient grounds to change the amount of alimony, feel free to get down to business. If the ex-husband pays small alimony, then this issue must be resolved promptly.

Collect all the necessary documents and go to court. Such a decrease is quite legal and can occur due to the following factors:

• deterioration in the physical condition of the alimony payer (illness, injuries, etc.), resulting in 1st or 2nd degree disability. For this reason, the ex-spouse himself needs financial assistance, so he is obviously unable to pay the same amount of alimony.
• A reduction in the amount of alimony may also occur due to the entrepreneurial or labor activity of one of the children for whom alimony is issued. If it is documented that the child is able to cover his needs on his own, then alimony support for him is canceled or sharply reduced.
• The presence of children from other marriages for whom payments are also assigned.
• The alimony payer’s earnings are too high.

How to collect a larger amount of alimony?

So, above we listed the reasons why fathers pay low child support, and looked at what measures the mother can take to correct the situation. Now we will take a closer look at how this can be done in practice.

In some cases, the problem of low alimony can be solved by bailiffs (for example, if it is necessary to index a fixed amount or identify an additional source of income for the payer).

In other cases, you cannot do without a court (for example, if you need to increase the interest rate or instead of the interest rate you need to assign fixed alimony), and then the mother will need a strong evidence base, which, again, bailiffs can help with.

If you need advice or personal consultation from a lawyer to assess the situation and determine the further course of action, write to us via chat or call the hotline! Our lawyers will advise you free of charge.

Contacting the Bailiff Service

It makes sense to contact the Bailiff Service only if you have a writ of execution for the collection of alimony:

1. Parental agreement certified by a notary.
2. Court order.
3. A writ of execution issued on the basis of a court decision.

The bailiff assigned to conduct the case must find all the income of the payer that can be foreclosed on, as well as property belonging to the payer and funds in his accounts. As practice shows, bailiffs work much more effectively if alimony collectors cooperate and help them: they provide information about the alimony payer, his property and sources of income. If the mother believes that the father’s income is much higher than stated in certificates and tax returns, this must also be reported to the bailiff.

In order for the bailiff to initiate an inspection or conduct a search, you need to write a statement . By writing an application, you can also achieve indexation of alimony (if it is assigned in a fixed amount), calculation of the resulting alimony debt and the accrual of penalties, and bringing the debtor to administrative responsibility.

The law does not provide for a strict and standardized form of application, but it is advisable to draw it up in accordance with the rules of document flow and include the following data:

• Full name of the SSP institution, position, full name. the official to whom the application is addressed;
• Full name, procedural status (alimony collector) and residential address of the applicant;
• Heading: “Statement on... (indication of procedural actions to be performed by the bailiff);
• Data on the progress of enforcement proceedings (when it was initiated, in whose favor the collection of alimony was started, how the collection took place, etc.);
• Information about the alimony payer: his location, sources of income known to the applicant, material assets, savings;
• Link to documents and other evidence confirming the data stated in the application;
• Request: carry out procedural actions in accordance with the Federal Law “On Enforcement Proceedings”;
• List of attachments depending on the circumstances of the case and the applicant’s request;
• Date of;
• Signature.

If the bailiff is inactive and does not fulfill the duties assigned to him by law, the mother has the right to complain - first to the senior bailiff, and then to the court. For more information on how the alimony collector can contribute to the work of the bailiff, see the article “How to get alimony if the bailiffs are inactive?”

Going to court

Only the court can decide to increase the amount of alimony previously prescribed by the court. You must apply to the same court that made the original decision or order.

If the amount of child support was determined by a voluntary parental agreement, and it is not fulfilled by the payer, you must also go to court. The mother can appeal to the magistrate’s court both at the place of residence of the alimony payer and at her own place of residence if minor children live with her (Clause 3 of Article 29 of the Code of Civil Procedure of the Russian Federation).

The mother must prepare a legally competent claim, which will set out all the circumstances of the case (unscrupulousness of the father, low payments, lack of funds to support the child) and argue for an increase in the amount of payments.

How to correctly draw up a statement of claim to increase the amount of alimony?

The claim is drawn up in accordance with the rules provided for in Art. 131-132 Code of Civil Procedure of the Russian Federation. It should have the following structure and contain the following information:

1. Name and location of the judicial authority;
2. Full name, residential address of the plaintiff and defendant;
3. Document title: “Statement of claim to increase the amount of alimony”;
4. Statement of the circumstances of the case:

• when and in what amount was alimony awarded?
• when enforcement proceedings were initiated,
• how alimony obligations were fulfilled,
• why there was a need to increase the amount of alimony payments - reasons and reference to supporting documents.

1. A reference to the provisions of the law that provide for the right to ask for an increase in the amount of alimony;
2. Petition to the court;
3. List of documents attached to the claim;
4. Date of compilation and signature.

A statement of claim requesting an increase in the amount of alimony must be supplemented with documents - as we mentioned above, the evidence base is crucial.

The main package of documents will include:

• Copies of the claim (to the plaintiff and the court, to the defendant – in a separate letter before going to court);
• Copies of the parties’ passports, birth certificates (passports) of children for whom alimony is being collected;
• A copy of the original court decision/order for alimony;
• A copy of the parental agreement on the payment of child support;
• Documents submitted by the bailiff (protocols, debt calculation, certificates of indexation, letters of search for income, cash savings, property of the debtor, about conducting an audit of the debtor's employer, about submitting requests to the tax office).

We also need documents that confirm the information stated in the claim and the grounds for increasing alimony, such as...

• increasing the salary of the alimony payer;
• unchangeable financial situation of the payer and unreasonable failure to fulfill the obligation to support the child;
• the emergence of additional income;
• changes in the marital status of the alimony payer (for example, the death of a dependent relative, the return to work after maternity leave of the wife who was supported by the alimony payer, the coming of age of another child who was also supported by the payer);
• the need of the mother and child for additional funds due to illness, loss of work, the appearance of dependents, and other unforeseen circumstances.

It can be:

• letters,
• receipts,
• medical reports on the state of health of the child or mother, prescriptions for the purchase of medicines,
• checks and receipts for the purchase of goods for children or payment for services (for example, the services of a nanny, nurse, tutor, massage therapist or rehabilitation therapist),
• work book (with a record of dismissal) or certificate of salary,
• other documents that confirm changes in the financial or marital status of the payer or recipient of payments, giving the right to ask for an increase in child support.

If you do not know what documents are needed specifically in your case, write to the chat or call the hotline number - a lawyer will advise you free of charge and help you create a package of documents and create a strong evidence base.

Ex-husband pays small alimony

Life story

USEFUL INFORMATION: Child support for 3 children

After divorcing her husband, Olesya filed an application with the court asking for an order to pay alimony for the maintenance of her 5-year-old son: she herself worked a lot, but there was only enough money to somehow make ends meet. The court decision was made: now the ex-husband Alexey paid 900 rubles monthly. Obviously, this kind of money can really only be enough to go to the store for fruit or children's underwear.

When talking with her ex-husband, it turned out that after the divorce, Alexey left his previous job and got a part-time job with a friend: naturally, the official income certificate showed that the ex-husband’s salary was now meager, and the court decision was quite fair.

How to get more money from your ex-husband

Every woman should understand that if her husband pays the minimum amount of alimony or refuses to pay at all, it will be difficult for you to achieve the truth. If you nevertheless set yourself such a goal, then try to do it exclusively legally, without the use of threats and without regular conflicts.

To do this, you first need to file a claim with the court asking for a revision of the established amount of payments or a change in the method of paying alimony.

The second and main step will be to provide the court with evidence that the ex-spouse has other income in addition to wages (unofficial place of work, irregular part-time jobs, earnings via the Internet, etc.). And here, use all sorts of methods that can help you solve the problem.

In addition, you can indicate in your application that the established payments violate the interests of the child: he does not have enough to pay for medicine, to pay for school or any sections, to buy necessary things, etc. Obviously, here you also have to substantiate everything clearly.

If the ex-husband presents a certificate of official salary, which indicates an amount less than the subsistence minimum, then do not be afraid to contact the tax service to check the reality of such information.

Tips on how to take money from your ex-husband

Don’t ignore this advice: try to come to an agreement with your negligent spouse. Prepare carefully for a difficult conversation: explain why there is not enough money (just don’t argue with exorbitant and unrealistic demands), provide certificates, documents, receipts for medications. In addition, you must understand that if the child is already going to kindergarten, and you are not working, then your husband can refer to this very fact, after which the conversation is unlikely to continue in your favor.

If your ex-husband does not officially work anywhere, you have one more trump card up your sleeve: the spouse’s apartment, car, jewelry, paintings, etc., can simply be confiscated by the court if, after increasing the amount of alimony, the husband does not pay anything. Usually the sale covers all expenses.

Arbitrage practice

Judicial practice shows that it is quite possible to achieve an increase in the amount of alimony payments. But without understanding the law and procedure, you can, if you end up with nothing, spend too much time and effort for an insignificant result.

Example: Citizen Anisimova filed a lawsuit in the magistrate's court to increase the amount of alimony that her ex-husband paid for their joint minor sons. The defendant, the father of the children, turned out to be unemployed and registered with the Employment Center. His only official income was unemployment benefits of only 1,800 rubles.

Anisimova indicated that the alimony she receives in the form of a percentage of her father’s official income in the amount of about 600 rubles is not enough to meet the needs of two teenage children. She was convinced that her ex-husband was conducting unofficial business activities.

The court rejected the claim because there were no grounds for increasing the amount of alimony - the father paid 1/3 of the only official income, and the plaintiff could not provide evidence of additional income.

Perhaps the mother should have first contacted the bailiffs with a request to search for additional income of her ex-husband , and then asked the court to change the procedure for paying alimony: instead of an interest rate - in the form of a fixed amount.

The procedure and choice of legal position depends on specific circumstances - the family, financial situation of each parent, sources of income, number of children, need for additional funds.

Thus, in order to achieve an increase in child support, the mother needs to be well prepared - both in organizational terms and in legal fees - to cooperate with bailiffs and other government agencies, form a legal position, collect documents, prepare a claim, and take part in court hearings.

All this can be difficult, given that the mother devotes a lot of time directly to the children - their upbringing and financial support. But protecting children's rights and increasing wages is also an important contribution. Therefore, our lawyers are ready to provide you with professional support and relieve some of the worries and bureaucratic hassles. Write or call us - we will advise you on the issue of increasing alimony for free.

Watch the video on what to do if your husband pays small child support:
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Author of the article

Irina Garmash

Family law consultant.

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How to calculate

If the court in its decision specifies that a percentage of income must be paid, then the individual entrepreneur will have to make payments based on financial statements.

Every enterprise and individual entrepreneur is required to pay taxes. The amount from which the interest will be calculated is equal to the profit minus taxes. For example, if the profit per month was 100 thousand rubles, and taxes were 6 thousand rubles, then the amount of income is 100-6 = 94 thousand rubles. It is from this amount that alimony is paid.

USEFUL INFORMATION: How to file a divorce: different methods

The main thing to remember is that you need to monitor all these numbers very carefully. If you make a mistake, bailiffs can recalculate the amount and charge fines and penalties.

If the court has assigned a low amount of fixed alimony

If the debtor's income is unstable, he is assigned a fixed amount of alimony. When determining the amount, the court takes into account the financial and marital status of the parties, expenses for the child and other circumstances.

If the payer has an unstable small income, he may be assigned a minimum amount of alimony payments.

For example, half the cost of living in the area. In this case, the amount of monthly payments is indexed if the level of the minimum wage has increased significantly.

At any time, the applicant or payer can apply to change the amount of alimony if the payer’s income has increased or he has officially become employed.

Where to go if your ex-husband does not pay child support

Here we will touch upon the order on the legal and material aspects of a civil marriage. Avoiding paying alimony. The bailiff in my city said she couldn’t do anything. In response to all requests for information on the case, he sends letters in which he asks to independently find out all the information and contact the bailiff of another city.

Is she right, and if so, how to proceed? Also on the official website of bailiffs, the debt is not recalculated.

What needs to be done to recalculate the debt. There have been no alimony payments for over a year now. Previously, payments were irregular, once every six months. Is it possible to index debt and where to apply? There are several areas of work: When appealing against the bailiff’s inaction, it is necessary to analyze what he actually did to search for the debtor’s property and collect alimony from him.

How to get alimony from your ex-husband

After the divorce of his parents, his mother has to protect the interests of a minor child, because in most cases the children remain with her.

If the ex-husband is in no hurry to help support the child, then she should not immediately file an application with the court. It is better to try to solve this problem through peaceful negotiations. Perhaps the child’s parents will be able to find a mutually beneficial solution and agree on when, in what amount and in what way the child will receive help from the father.

It is allowed for the debtor to pay for the child to attend kindergarten, private schools, treatment, and buy him clothes to pay child support. All these points should be recorded in a settlement agreement, which is signed personally by both parents, and their signatures on it are certified by a notary. The notary is also responsible for checking whether the agreement does not violate the interests of the children or any of them.

The advantage of amicably settling alimony claims against each other is that the agreement has the force of a writ of execution. If in the future the child’s father stops fulfilling it, then it will be possible to transfer the agreement to bailiffs, who will ensure its enforcement.

If the child’s parents were unable to agree among themselves, the issue of alimony will be considered by the court. The mother of the child can go to court either at the place of residence of the former spouse or at her place of residence. You can write an application for a court order or a statement of claim for the collection of alimony yourself. Its samples are available for inspection and are posted in almost all courts. You can also download the application on our website here.

The application is submitted to the court in two copies, one of which is intended for the child’s father. Attached to the application are copies of passports, copies of children’s birth certificates, marriage certificates, or paternity certificates, a copy of the court decision recognizing the defendant as the child’s father, certificates of residence and income of the defendant. At the court hearing, it will be necessary to show the originals of those documents, copies of which are attached to the application.

The application is submitted to the court or can be sent by mail. After which the court informs the parties about the date of the trial or sends a court order to the parties. The received court documents, together with writs of execution, must be handed over to bailiffs, whose responsibilities include taking measures to collect alimony.

Alimony from a small salary: what to do if you pay small alimony

The volume is calculated depending on the number of children to whom the payer provides financial assistance:

• one child – a quarter of income;
• two children – a third of income;
• three children or more – half the earnings.

It follows that the amount may even decrease if the payer has other children who also need financial support. For example, if a father’s salary is only 10,000 rubles, and he has three children to whom he contributes money, then each minor will receive only 1,660 rubles. As for payments in a fixed amount of money, they are also not tied to the subsistence level. The only thing is that the fixed amount should not be less than the percentage of income established by law. There is no minimum financial assistance for the maintenance of minors fixed by law.

If the alimony payment is less than the subsistence level

This is due to many factors, in particular to the fact that the minimum amount of alimony in monetary terms is not established at the legislative level, but only a certain percentage of the payer’s earnings or other income is established - one fourth of the income relies on one child, a third - on two and half - for three or more children. But the husband’s earnings may be only one minimum wage, that is, approximately 10,000 rubles, and the monthly payment for one child in this case will be only 2,500 rubles.

Of course, this money is not even enough to feed the baby, because, as you know, raising children in our time is not cheap. At the same time, paying alimony in an amount less than the subsistence level is not a violation of the law on the part of the ex-spouse.

Alimony from a small salary. What to do if you pay small alimony

ALIMONY SMALL SALARY:

In our country, non-payment of assigned alimony is an almost total problem for recipients of awarded funds. However, no less pressing is the problem of collecting minimum alimony payments from the payer to the recipient due to the low official monthly salary of the child’s father.

In connection with the minimum wage established in the Russian Federation (MROT), equal to 9,500 rubles. (From January 1, 2018, the minimum wage in Russia was 9,489 rubles.

From January 1, 2021, the minimum wage will be equal to the subsistence level of 10,701 rubles.

), an employee’s salary in our country cannot be lower than this amount - but by law it is not obliged to be higher than it!

This legislative norm is often “at hand”:

• employers who practice gray salaries “in an envelope” in order to reduce taxation;
• to the alimony payers themselves, who hide their real income in order to pay small (often meager) alimony amounts each month.

USEFUL INFORMATION: Why men return to their ex-wives after divorce

Officially, low wages often become the reason for many women’s categorical refusal even from the very process of collecting alimony, who believe that it is almost impossible to fight this phenomenon.

However, in fact, the “salary in an envelope” from the ex-husband (the child’s father) is not a reason to refuse alimony, and certainly not a sentence. This phenomenon can and must be fought!

How to prove that alimony is not enough?

Underestimated monthly alimony amounts most often become possible when the most common method of collecting alimony is assigned to payment - a percentage in relation to all types of income of the payer.

And since it is he who has priority when assigning alimony, in accordance with Art. 81 of the RF IC, alimony is withheld from wages 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 occurs if the recipient of alimony has the following typical situation:

1. the monthly amounts paid by the ex-husband (child's father) are “symbolic” - i.e. very low;
2. the recipient of alimony is aware that the payer’s income in reality is much higher than on paper;
3. the payer has a good education, before alimony was assigned, he received a stable, decent salary at the same enterprise;
4. the person obligated for alimony periodically goes on vacation, makes repairs, acquires property, etc.;
5. the payer works full time for a low official salary.

Example

Oksana T. lived with her husband in marriage, her husband’s salary was 40,000 rubles monthly. After the divorce and the assignment of alimony in favor of one joint child in the amount of 25% (or 1/4 of the part) of the salary of the ex-husband Oksana T. instead of the expected 10,000 rubles. began to receive alimony in the amount of 3,750 rubles.

During a conversation with the bailiff conducting the proceedings, the recipient found out that the available certificate of the husband’s official salary differs from his real income at the enterprise known to his ex-wife - officially the child’s father receives only 15,000 rubles, from which There is 25% monthly in the form of alimony payments.

What to do if you pay small alimony?

If in this situation you turn to the bailiffs or directly to the court with your arguments, they will not be able to assist in resolving it, because work only with official documents confirming the payer’s income, namely:

• salary certificate in form 2-NDFL;
• information from the Pension Fund on deductions from official wages (contributions to compulsory pension insurance).

However, there are organizations where a caring recipient of alimony can try to contact in order to “restore justice” in the form of identifying the real income of the payer:

1. Territorial body of state statistics is an organization that determines the level of average wages in certain industries and types of activities (professions) in the region of residence;
2. Department of the Federal Tax Service (hereinafter referred to as the Federal Tax Service) - because this service itself is also interested in receiving income (only in this case not personal, but state).

Amount of alimony as a percentage

First, let's look at how much money the ex-husband is required to transfer to support his children. Child support can be established through the court:

1. In a fixed amount of money.
2. As a percentage of income: 25% for one child, 33% for two children, 50% for three or more.

If your ex-spouse has a permanent official income and this amount suits you, it is better to use the first option. However, it must be remembered that the size of these shares can be reduced or increased by the court, taking into account the financial or marital status of the former spouses and other circumstances.

Reasons why an ex-husband can deliberately make the percentage of alimony less through the court:

• the birth of a child in the child's new family;
• the appearance of an elderly dependent (mother or father), or a pregnant wife;
• acquisition of disability;
• receiving a large salary (income) and, as a result, an excessively high amount of alimony, disproportionate to the needs of the child.

Dismissal from work, the ex-husband’s reluctance to find a job or register with the Employment Center (Employment Center) is not a reason for reducing the amount of alimony.

In turn, you have the right to increase the percentage of small alimony payments in the presence of a number of circumstances. Such reasons are not regulated by law, since they include a very large number of different conditions. Basically, they relate to your financial situation:

• loss of regular income due to dismissal or layoff from work;
• deterioration of the general financial situation due to the appearance of a new dependent. For example, the birth of another child without financial assistance from the father, or caring for a disabled relative;
• receiving disability;
• the child has a serious illness, which requires expensive medications.

When filing an application to increase the alimony percentage, you need to make sure that your ex-husband has no reason to lower it, otherwise time and money in the courts will be wasted.

Remember - alimony is calculated not only from the ex-spouse’s salary, but also from any other income. For example, from renting out an apartment, from selling a car, or from winning the lottery.

Circumstances leading to a reduction in alimony

In order to understand what to do if child support is reduced, you should understand the reasons for transferring the reduced amount.

Lack of work

After losing a job, the alimony payer can contact the Central Employment Service for registration. He will be given unemployment benefits. Alimony payments will be transferred from this benefit. In this case, the amount of financial support for children will be significantly reduced, since the unemployed are paid a small allowance. It will not be possible to increase child support payments if the father does not have an additional source of income. Moreover, the claimant will need to prove the existence of earnings in court. If the alimony payer is unofficially employed, then proving his employment will be problematic. Women are forced to wait until the father finds a job with an official salary.

If, after losing a job, the alimony payer does not apply to the Central Employment Service, then he will not be paid benefits for the unemployed. Because of this, child support payments may stop. In this situation, termination of alimony support is illegal. In accordance with the law, in the absence of official earnings from which alimony can be deducted, bailiffs are obliged to recalculate alimony payments based on the average earnings in the subject of residence. Further, this amount must be collected from the debtor even if he is not employed.

Insufficient level of earnings

If the payer’s earnings are low, then the amount of alimony payments collected as a share of the salary will also be small. In accordance with the law, the minimum wage must correspond to the subsistence level. But some employers resort to tricks to reduce the amount of taxation. For example, an employee is hired on a part-time basis (0.3 rate, 0.5 rate, etc.). In this case, the alimony payer will receive an amount less than the subsistence minimum. Accordingly, alimony payments will be collected from official earnings.

From the rest of the earnings paid “in an envelope”, money for child support will not be withheld. In this case, alimony collectors are advised to collect evidence that the father receives part of the salary unofficially. Next, you need to go to court with a claim for an increase in alimony maintenance. If during court proceedings the presence of an unofficial source of income is proven, the alimony payer will be held administratively liable.

The claim for an increase in alimony payments is satisfied, and money for minors is recovered:

• from official and unofficial earnings in shares, if the “gray” salary is paid constantly;
• if the payer’s earnings are temporary, then alimony payments are assigned in a fixed amount.

If the alimony payer’s earnings do not reach the subsistence level, the recipient of the payments can contact the bailiff to conduct an inspection of the organization where the payer is employed. The bailiff will check compliance with labor and tax laws. If violations are discovered, management will be held administratively liable. Documentation drawn up as a result of the inspection can be used in legal proceedings. It will help confirm that the father is deliberately avoiding fulfilling his alimony obligations in full.