Parents who decide to have a child, regardless of their age and social status, thereby take responsibility for his upbringing and financial support. If any of them refuses to take part in the child’s life, the second parent has the right to demand a calculation of child support obligations, on the basis of which alimony is collected from the minor parent.
Father's obligation to pay child support
It follows from Article 80 of the RF IC that the father of a minor child is obliged to take measures for his maintenance . At the same time, he independently establishes the form and procedure for providing assistance - this can be the purchase of things, direct transfer of money and other methods.
Alimony can also be paid on the basis of an agreement concluded between the father and mother of the child (Article 99 of the RF IC). In case of incapacity of the father, the obligation to pay alimony to minor children passes to his representatives. If the father is declared incompetent
at the time of signing the document, he can perform this action only with the consent of his representative.
Does a father who refuses to pay child support have rights to the child?
Refusal of any parent to pay child support is grounds for deprivation of parental rights. This procedure is very complex, psychologically difficult for all participants, it requires lengthy preparation and collection of documents.
In court, after considering all the materials and evidence of the father’s failure to fulfill parental responsibilities, a decision is made to deprive him of paternity.
Deprivation of paternity does not get rid of the payment of alimony, but the child will no longer depend on the father in any way, although he will still remain his heir. A son or daughter is not obliged to support his father in old age or in case of incapacity if he is deprived of paternity.
In this case, the father loses the right to be the heir of the children in the event of their death. In addition, he will not be able to adopt another child or become a guardian.
The entire amount of alimony debt will be collected by the bailiff service. The offender will be prohibited from traveling outside the country if the debt is not repaid.
The dissolution of relationships between couples with young children in most cases triggers a series of legal proceedings. During or after a divorce, spouses need to divide property, determine the order of residence of the children and determine the payment of alimony.
The latter, according to statistics, are most often paid by fathers. Father's child support
regulated by Article 80 of the RF IC.
In accordance with this law, spouses have the right to independently determine the method and form of child support. If payments are not made for any reason, then the mother has the right to recover funds through the court.
Amount of child support from father
The amount a father must pay in child support depends on the number of minor children. From Article 81 of the RF IC it follows:
- The amount of monthly payments for the maintenance of minor children is: a quarter of the father’s income for one child, a third of the income for two children, and half of the income for three or more children. At the same time, there are minimum amounts of payments, determined as a share of the minimum wage.
- By decision of the court, the amount of alimony paid by the father can be changed either up or down. The basis for this is such circumstances as the financial situation of the father, the current standard of living of the children, the confirmed fact of incapacity of one of the parents, etc.
Decree of the Government of the Russian Federation dated July 18, 1996 N 841 “On the List of types of wages and other income from which alimony is withheld for minor children” determines the types of income from which alimony is paid
. These include:
- payments to municipal employees;
- fees received in media editorial offices;
- salary, the amount of which depends on revenue, time worked, or commission;
- pensions, excluding survivor benefits;
- scholarships for university students.
According to Article 82 of the RF IC, the full list of types of income from which alimony is calculated is determined by the Government of the Russian Federation.
Minimum child support from father
The amount of income received by the father of a minor cannot be less than the minimum wage . In 2015, the minimum wage in Russia was 5,965 rubles. In accordance with Article 81 of the RF IC, the minimum amount of alimony from the father will be:
- 2982 rubles for three or more children;
- 1988 rubles for two children;
- 1491 rubles if you have one child.
These amounts must be paid monthly . When proving the presence of two or more sources of income, their amount is summed up, and the amount of alimony is calculated based on it. By court decision, the amount of actual payments may be reduced. The reason for this is the presence of other dependents on the father of the child, his disability and other reasons.
Alimony from a non-working father
If the father does not have a fixed official monthly income, receives a salary in kind or foreign currency, does not work, or when determining the amount of alimony as a share of income is impossible for other reasons, alimony is paid in a fixed amount (Article 83 of the RF IC). Also, by court decision, alimony can be paid simultaneously in shares and a fixed amount of money.
. From Article 83 of the RF IC it also follows:
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- When determining the amount of alimony from a non-working father, the court must take into account the financial situation of the children and his own standard of living. Based on this and other circumstances, a smaller amount of alimony may be determined than for a father receiving a fixed income of more than one minimum wage.
- A non-working father, with one of the children left behind, is obliged to pay alimony to the child left with the mother. Payments are made in a fixed amount of money, the amount of which is determined in court.
Collection of alimony in case of recognition of minor parents as official husband and wife
If a child is born into a complete family, the minor mother and father are automatically recognized as official and included in the birth certificate of the newborn. Thus, they take full responsibility for ensuring it and are considered by law as legally capable.
USEFUL INFORMATION: Types and forms of alimony payments
In the event of a divorce or tension in the family without an official dissolution of the marriage, alimony is withheld according to the standard procedure. If the father is not emancipated, the calculation is made in a fixed amount based on the cost of living or the average salary established in a particular region. It is also possible to conclude a settlement agreement on alimony obligations.
None of the parents can be exempted from child support payments due to their young age and inability to find a job. If a debt arises, it is calculated on a general basis, taking into account the norms of current legislation.
Alimony from stepfather
Payment of alimony from the stepfather is made in accordance with Article 80 of the RF IC. A man who is not the biological father of a child, but who has adopted him in the manner prescribed by current legislation, receives the same rights and responsibilities as the natural father.
In cases where a man did not adopt a child, he is not required to pay child support, even if he is legally married to his mother. The child's mother continues to be officially considered a single mother and receives appropriate benefits and increased child benefits.
Alimony from a father deprived of parental rights
Article 71 of the RF IC defines the consequences of depriving a father of parental rights
. It follows from paragraph 2 of this article that the father is not relieved of the responsibility to support the child. He must still pay alimony in the amount established by Article 81 of the RF IC or as specified in court.
One of the reasons for depriving a father of parental rights is evasion of parental responsibilities, including the payment of child support. Once the child reaches the age of majority, he has the right not to pay his father money or provide him with other assistance specified in Article 87 of the RF IC. At the same time, the child retains rights and benefits in relation to the father and his relatives - including the right to receive an inheritance.
Father's rights to raise children
Let's consider the case if the child's father regularly pays child support and wants to see them, take them on weekends, take part in cultural and sports events, or make decisions related to the educational process.
In this case, the mother has very few rights to prevent her children from seeing their father. In this situation, the court will be on the side of the father, because he is responsible for supporting the children.
If the court has no grounds to deprive the father of parental rights, then he has every right:
- It is an established agreement between parents to see their children at an agreed time and for a set duration.
- Give or refuse written consent for the mother and children to travel abroad.
- Makes decisions in real estate transactions involving minor children.
- Makes decisions on changing or issuing any new documents for children.
- Request certificates and documents for children in hospitals, educational institutions.
- In the event of incapacity for work, it is possible to apply for child support.
The last point is especially troubling for mothers who are left without spousal support, especially if the father unsystematically pays alimony.
Only one solution will help protect children from future possible requests for alimony from the father due to loss of ability to work, and that is deprivation of his parental rights.
Voluntary payment of alimony by the father
In accordance with Article 80 of the RF IC, the child’s parents can enter into an agreement on the payment of alimony
. Thus, payments are made without going to court. The agreement is a document certified by a notary, which specifies the terms, amounts and procedure for their payment (Article 99 of the RF IC).
An agreement to pay alimony can only be drawn up in writing and comes into force only after notarization. Based on paragraph 2 of Article 100 of this Code, it follows that the document is equivalent to a writ of execution. The latter can only be obtained after going to court, which is an alternative to concluding an agreement with the child’s mother or her representatives.
The procedure for collecting alimony obligations through the court
The case of withholding alimony payments through the court is considered on the basis of a corresponding application from the child’s minor mother or her official representatives.
Information that must be contained in the statement of claim:
- to whom the application is submitted: full name of the judge and name of the court (as a rule, cases of this kind are considered at the district court level);
- passport details of the plaintiff in the event of a claim being filed by representatives of a young mother and her personal data;
- personal data of the defendant;
- the circumstances that gave rise to the filing of the claim;
- list of attached documents;
- number and signature of the applicant.
The statement of claim for alimony should also be accompanied by the child's birth certificate and the minor mother's birth certificate or a photocopy of her passport, if available. If necessary, a declaration of paternity is also attached.
During court proceedings, all the circumstances of the case are examined in detail, taking into account the financial situation of all parties, including the plaintiff and defendant, on the basis of which a decision is made on the calculation and further collection of alimony obligations. Such a decision comes into force from the moment it is made and is subject to appeal within 10 calendar days.
USEFUL INFORMATION: Is it possible to refuse child support?
Collecting child support from father
If the father of the child does not fulfill his maintenance obligations,
funds for these purposes will be recovered in court (clause 2, article 80 of the RF IC). If the child’s mother does not file a claim in court on her own, it can be filed by representatives of the guardianship and trusteeship authority. Article 81 of the RF IC determines the amount of alimony that the father must pay based on a court decision.
The child's father, by court decision, undertakes to pay a certain amount of money monthly . The first payment can be made before the court decision comes into force (Article 107 of the RF IC). The date from which the period for receiving alimony is counted is the day the claim is filed in court. If it is subsequently revealed that alimony has not been paid, it is recovered in an amount equal to the amount unpaid for the specified period, but not more than for three years.
Example Citizen Ivanova married citizen Vasilyev, who adopted her five-year-old daughter. A year later, they had a child together. Three years after the marriage, Vasiliev’s wife went to court due to her husband’s failure to fulfill his obligation to support the children. In accordance with Article 80 of the RF IC, Vasiliev was obliged to support both children.
By decision of the court, the amount of alimony was determined as a share of the salary of the father of the children. Based on the rules of Article 81 of the RF IC, it amounted to a third of wages and other income. The date from which the payment of alimony was to be made was the day of going to court. Despite the fact that the marriage between Ivanova and Vasiliev was not dissolved at that time, this did not affect the need to pay the amounts established by the court.
Collection of alimony if minor parents are not registered married and do not live together
The first thing the child’s mother should do in this case is to file a lawsuit to establish paternity. If she is already 14 years old, she has the right to act as a plaintiff herself, otherwise her parents or guardians must act as initiators. Since the law does not establish a statute of limitations for carrying out this examination, you can go to court at any time and regardless of the age of the baby.
The examination itself is not proof or refutation of paternity. It is among the evidence considered by the court. If the alleged father evades or simply refuses to undergo an examination, the judge has the right to make a decision on the fact of refusal.
Along with the claim to establish paternity, the baby’s mother can immediately submit an application to calculate child support obligations. If the applicant correctly prepares the legal documentation, alimony is awarded from the moment the claims are presented.
In some cases, the court takes into account certain mitigating circumstances and obliges the defendant to make payments not from the date of presentation of the claims, but upon reaching adulthood or after gaining emancipation. But in most cases, the responsibility for paying alimony penalties falls on the parents of the minor father or his official guardians.
USEFUL INFORMATION: How much child support is paid for one child?
Child support obligations may be recovered from parents of teenagers in the following cases:
- the child needs additional material support;
- the baby’s parents do not have the material and financial ability to support him;
- grandparents are wealthy people and can afford to support their grandson or granddaughter.
The court may oblige the payment of funds not only to the father’s parents, but also to the parents of the baby’s mother, since they are legally responsible before the law for the actions of their minor daughter.
If the family in which the minor mother was raised belongs to a social risk group, the guardianship and trusteeship authorities have the right to represent her in court, which is regulated by the Family Code of the Russian Federation.
