Do I have to pay child support if the child works?! Legal advice

The procedure for collecting alimony for an adopted child

Alimony is collected from the adoptive parent in the general manner, but it is still necessary to consider this issue in more detail.

The best option would be to agree with the other parent on voluntary payment of child support. When applying to the judicial authorities, the defendant is charged the costs incurred by the applicant. They will be retained by the bailiffs along with alimony. The voluntary procedure for paying child support requires the execution of an appropriate agreement between the parents. The document specifies the payment procedure, amount and method of transfer of funds. The alimony agreement must be certified by a notary.

Collection of alimony in court occurs on the basis of a statement of claim by one of the parents of the adopted child. It does not matter whether the spouses are legally married or in a civil marriage. The issue of alimony is considered by the court as soon as possible.

The procedure for assigning alimony through the court:

1. Draw up and submit a statement of claim, referring to the relevant provisions of the law.
2. Provide the necessary documents confirming the legal relationship between the child and the defendant.
3. Provide evidence of the second parent's evasion of providing for the child.
4. Court hearing and decision.
5. Preparation and printing of the writ of execution.
6. Receipt by the applicant of the writ of execution and its transfer to the bailiff service for execution.
7. Collection of alimony payments from the defendant.

The procedure for collecting alimony payments is determined by Federal Law No. 229-FZ “On Enforcement Proceedings” and does not differ from the general procedure. When concluding an alimony agreement between spouses, the amount and procedure for payments is established by the document.

By court decision, alimony is assigned:

• in shares of monthly income, according to the number of children;
• in a fixed amount of money.

If earnings are unstable, on the basis of Art. 83 of the RF IC, alimony can be assigned using both calculation methods. Child support for an adopted child is awarded from the date the claim is filed. The obligation of the adoptive parent to pay money for the maintenance of the child is established until he reaches the age of majority.

Article 83 of the RF IC – Collection of alimony for minor children in a fixed sum of money

1. In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other income, or if this parent receives earnings and (or) other income fully or partially in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with this Code) and in a fixed sum of money.
2. The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child’s previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.
3. If there are children with each of the parents, the amount of alimony from one of the parents in favor of the other, less wealthy one, is determined in a fixed sum of money, collected monthly and determined by the court in accordance with paragraph 2 of this article.

What to do if the father does not pay child support?

Use methods of influence provided by law.

4 methods of influencing the debtor:

1. Punish with a ruble. A penalty is assessed for each day of delay.
2. Make him work. Men who ignore parental responsibilities face correctional labor. The rule was established by Part 1 of Article 5.35.1 of the Code of Administrative Offences.
3. Prosecute under the Criminal Code. When a man is not influenced by correctional work, criminal liability arises.

And also criminal liability arises if the lack of payments becomes a system.

1. Deprive the right to be a father. A man who refuses to financially support children and fulfill parental responsibilities is deprived of the right to be the father of a child.

The court will deprive the debtor of paternity if there is evidence, but the debtor refuses to pay. Therefore, we recommend obtaining a decision on criminal prosecution, and then applying for deprivation of the debtor’s rights.

Rights of a child out of wedlock?...

According to the Family Code, there is absolutely no difference in the rights of children born in a civil marriage and in an official union. This rule is especially confirmed if there is recognition of paternity and a corresponding entry about this in the documents. Accordingly, even after the death of the parents, the child remains legally protected and can also lay claim to their property.

Note that daughters and sons have every right to live together with their father and mother and to use residential premises that belong to one of them. And this right does not depend on whether the spouses live together.

If the mother did not include information about the father in the birth certificate of an illegitimate child, then in order for the child to enter into inheritance rights, paternity will need to be established in court. And since the right of inheritance comes after the death of the parent, the procedure threatens to drag on for a long time and become financially costly.

First, let's figure out exactly what rights illegitimate children have. As has already been said, they are endowed with the same opportunities as those born into a registered relationship. This is indicated by Article 53 of the Family Code.

The rights of a child born out of wedlock are prescribed in Chapter 11 of this Code. Thus, a minor can count on:

• education and family life;
• communication with both parents;
• protection;
• receiving care and maintenance from both parents;
• expressing one's opinion in family matters;
• surname, first name, patronymic;
• property;
• inheritance from both legal representatives.

Based on all of the above, we can come to the conclusion that children always remain children of their biological parents. Among other things, minors may qualify for alimony. For a child born out of wedlock, payments are assigned in court. In this case, parents will have to acknowledge paternity. It is because of this feature that mothers and minors often have problems.

Hello!! Please tell me what to do. We live with a young man and are planning children, but he does not want an official marriage. Based on this question, will my child have all the same rights as in an official one? Sincerely, Nastya.

Lawyer's answer to the question: registering a child out of wedlock This will depend on whether the young man recognizes paternity.———————————————————————

Child's communication with parents

The child has the legal right to communicate with both parents. At the same time, it does not matter whether he was born in marriage, or was born as a result of an extramarital relationship, whether he lives together with his mother and father, or whether one of them lives separately from the baby.

If paternity has been established, no one has the right to prohibit the father from seeing his child. Both father and mother have equal rights towards their children and bear equal responsibilities towards them.

Even if one of the parents lives separately from the child, he still has all the legal grounds to take part in his upbringing and education.

Do I have to pay child support if my child lives with me?

As a general rule, child support is paid by the parent of the child who lives separately from his children.

However, in judicial practice it often happens that one of the parents files an application to the court to collect child support, although the child has already been living with the other parent for some time. Such actions are considered justified and legal if there is arrears in paying child support for the period that the child lived with the other parent, for example with the mother.

Such a requirement is considered unconditional if:

• there is confirmation of the fact of the child’s residence with the mother (notarial consent or court decision)
• the mother bore the burden of supporting the child on her own (checks for children’s things, agreements with kindergarten, educational clubs)

If there is no agreement between the parents on the place of residence of the child, and this issue has not been resolved by the court, the parent who filed the request for payment of alimony must prove the fact of the child’s residence with him in court. To do this you will need to provide evidence:

• testimony of witnesses (relatives, neighbors)
• documents confirming the fact of living together with the child (checks, agreements)
• notarized correspondence

Loss of parental rights

The loss of rights to a child can be caused not only by evasion of his financial support, but also by other grounds provided for by law, including:

• Chronic illness of a parent with drug addiction or alcoholism;
• Child abuse;
• Abuse of parental rights.

Loss of parental rights occurs only by court decision. However, if such a decision is made by the court, then the parent loses all his rights to the child, including the right to communicate with him.

At the same time, the obligation to pay alimony remains until the child turns 18 years old, unless before this period the child is adopted by another person.

Submitting an application without the child’s consent

You can arrange alimony not only voluntarily, but also compulsorily. To do this, the pensioner must file a claim in court. The document will go through the FSSP service. In this case, the amount of alimony will be determined based on the degree of need of the person concerned, his family and financial situation, as well as the situation of the child (or several).

During the trial, the plaintiff will have to prove his disability. Subsequently, by agreement of the parties, the amount of alimony established by the court may be changed. If the amount remains the same, it is subject to periodic indexation. The bailiffs are dealing with this issue.

Establishing a procedure for communication through the court

If the mother refuses to enter into an agreement with the child’s father, the order of the latter’s communication with the baby can be determined by the court.

To do this, the child's father must prepare and submit an application to the court. The dispute is considered with the participation of both parents, as well as guardianship authorities. If the child’s mother interferes with his communication with his father, contrary to a court decision

The responsibility of a mother who prevents a child from communicating with his father is established by the Arbitration Procedure Code of the Russian Federation. Thus, a single violation of a legal obligation entails liability in the form of a fine of up to 3,000 rubles, a repeated violation - in the form of a fine of up to 5,000 rubles or arrest for up to 5 days.

Is it possible to resolve the issue of non-payment of alimony obligations peacefully?

Litigation takes a lot of time and effort. Therefore, a mutual agreement on the issue of refusal to pay alimony by the father is always preferable. The document that confirms the father’s voluntary consent to pay the obligations is a settlement agreement, which is signed by both parents.

The following points must be stipulated in the peace treaty:

1. Full information about the father and mother, including passport details and residential addresses.
2. The amount of payments (other types of material support) that the child’s father undertakes to provide.
3. Timing and regularity of child support.

There are no restrictions on the above points that can be specified in the agreement, taking into account the joint agreement of the parents of the offspring. For example, the parties may agree that the father will pay the child money not every month, but once every quarter or six months.

As alimony, the father’s obligation may be indicated to weekly deliver to the mother and baby the products necessary for proper nutrition and to purchase office supplies for the offspring by September 1. It is possible for the child’s parents to draw up an agreement to pay alimony from the sale of the father’s apartment. It is not uncommon for parents to indicate in their voluntary agreement to provide for their child that the father has renounced his share of the apartment, but in return for this, the child’s mother does not claim any future financial assistance for her offspring.

Article 100 of the RF IC provides for a simple written form of agreement with mandatory notarization. An agreement certified by a notary has the force of a writ of execution.

A sample alimony settlement agreement can be downloaded here.

Can a parent demand child support payments?

According to statistics, mothers are much less likely to pay child support. But since each parent has the same responsibilities towards their child, regardless of whether it is the mother or the father, everyone can apply for child support if necessary.

On my own

During a divorce, some fathers show responsibility towards their child and continue to allocate enough funds for his maintenance. In such cases, there is simply no need to assign mandatory alimony, but some parents may insist on this.

In fact, not a single person can file for alimony on his own, since this issue is considered in court and filing for alimony against himself is almost equivalent to filing a lawsuit against himself. Nevertheless, the possibility of creating alimony obligations exists - signing a voluntary agreement.

On a note. If both parents reach agreement on all aspects, then with the help of a notary this agreement can be certified, and in the future the father will have the necessary child support obligations to his child.

Read more about what a notarial agreement on the payment of alimony is here, and about the rules and nuances of its execution, read in this material.

From your son or daughter

In addition to the obligations of parents to support children, there are also the opposite ones - children are obliged to support their incapacitated parents (but only upon reaching the age of majority), as specified in Article 87 of the Family Code of the Russian Federation. Not only the mother, but also the father can apply for child support for their own child. And for this there are certain conditions:

1. The parent must be related by blood to the children. And there must be documentary evidence of this. First of all, this concerns the father, because the mother will be registered in the child’s birth certificate in any case.
2. The child has not only reached adulthood, but is also able to work.
3. The parent has reached retirement age or is disabled of group 1 or 2.
4. The parent was not deprived of parental rights, and he did not shirk his responsibilities towards the child.

Still, situations where alimony is issued in order to receive payments from the father for the maintenance of a child and his mother are more common. You can learn more about them from special publications by our experts:

• Can a mother claim to receive payments from her ex-husband for herself and her child, including an adult?
• How to apply for alimony and where to start?
• How long can I apply for payments and how to send documents through State Services?

Is he entitled to a salary if he has not paid?

If the father did not pay child support, then this either directly means that he evaded his parental obligations, or child support was not assigned at all. Article 87 of the RF IC explains that if it is proven that parents evaded their obligations, then their children may be released from their maintenance.

Therefore, if the father did not pay alimony, but it was assigned to him, then he will be deprived of the right to demand alimony from his child. If he did not pay alimony due to the fact that it was not assigned, then the opportunity to file for child support will exist.

From the video you will find out whether a parent has the right to file for child support if he did not pay it himself:

Is it possible for an ex-husband to demand recovery from his wife and in what cases?

Like the mother, the father has the right to file for alimony if the children remain with him during the divorce. To collect alimony, either an appropriate court decision or a voluntary agreement will be required. The amount of alimony paid depends on the number of children, as described in Article 81 of the RF IC.

Attention! The amount of payments may be reduced if the court considers that the mother’s financial or marital status prevents payment of the required amount.

Also, the mother’s birth of another child may contribute to a reduction in child support.

In addition, it is worth paying attention to the situation when, during a divorce, each of the parents is left with children - then the court will order payments in favor of the needier party

Collection of evidence for collecting alimony from grandparents

In less favorable situations, when there is no desire to help a grandson, a young mother, in order to file for alimony for her husband’s parents, it will be necessary to collect evidence that the child really needs financial support, and the parents of the minor father have the opportunity to provide it.

To go to court, you will need to prepare the following package of documents:

1. Papers confirming relationship. This includes: a child’s birth certificate with the father recorded in the appropriate column, a certificate from genetic experts confirming the result of a DNA test, confirmation of marriage or divorce. If the union was civil, then it is necessary to prove that the parents of the minor live together.
2. Papers confirming the child's basic needs. From this category you can provide: receipts from kindergarten, school, hospital, prescriptions with appointments and receipts from the pharmacy, indicating the purchase of medicines necessary for the life and health of the child, receipts from purchases of food, clothing, toys, stationery and other things, confirmation of transport expenses, if necessary.
3. Papers confirming the financial and physical condition and well-being (mothers, grandparents, sometimes at the request of the court and the father of the child). You will need a certificate about family composition, the amount of income (taken from the accounting department, the Pension Fund), about the status of the account, a savings book (issued by the bank), a statement of illness, the appointment of a disability group, confirmation of incapacity for work, and so on.
4. The statement itself.
5. Passport.

It should be noted that the list will be the same for the defendant, who will begin to collect evidence of the inability to bear financial responsibility for alimony for a minor grandson.

Thus, if there is an urgent need, then the mother has a chance to recover alimony in favor of her minor child from her husband’s parents. It must be remembered that the court, having assigned alimony to the grandparents, will simultaneously consider the possibility of collecting alimony from the wife’s parents, in accordance with the norms of the Family Code.

Voluntary payment of alimony by mother to father of child

If the parents of a minor child are married and have undergone the emancipation procedure, then they are entitled to independently enter into a notarial agreement on the payment of alimony.

If the minor parents are not married and have not undergone the emancipation procedure, then the legal representatives of the minor parents, acting in their interests, can enter into a notarial agreement on the payment of alimony. If one of the minor parents has not reached the age of 16, the child’s guardian will be a party to such an agreement.

A sample agreement form should contain:

1. Full name, personal and passport data of the parties to the agreement, legal representatives of the parties, as well as the child for whose maintenance alimony is paid;
2. Amount of alimony, conditions for indexation of alimony, terms and procedure for their payment;
3. Additional conditions that do not contradict the law;
4. Signatures of the parties and their legal representatives.

IMPORTANT: the agreement on the payment of alimony must be drawn up exclusively in notarial form and duly certified

In what cases are government payments terminated?

When the state has already launched the process of paying benefits to your account, this does not mean that you will be able to receive them regularly until the child reaches adulthood. In fact, the child will no longer receive payments under the same conditions as under normal circumstances, when they are paid by the father (Article 120 of the RF IC):

• The child has reached adulthood;
• If the father or child has died;
• In cases of determining the location of the alimony payer;
• When the child is adopted;
• When a minor began to earn money on his own;
• If the dependent was married before their 18th birthday;
• If the grounds on which the state benefit was awarded have become irrelevant, for example, the father was released or returned from the army.

Alimony is paid as long as the bailiff service is searching for and enforcing alimony. When the alimony payer is found, the state no longer needs to pay benefits to single mothers with children. However, the man now needs to return the spent funds to the budget in full.

Grounds for termination of payments

Child support must be paid if the child has not yet reached the age of majority. The process continues further only if the grandson is declared incapacitated. At the same time, parents cannot continue to transfer funds for maintenance.

Payments will also stop if the grandparents die. However, there are a number of additional circumstances that the court must take into account. You will not have to pay child support if you are diagnosed with a serious illness.

The judicial authorities also take into account the presence of adult brothers and sisters. If they reach this age after the award, the award ceases to apply. Therefore, further maintenance falls entirely on the shoulders of blood brothers and sisters. For them, a scheme for depositing funds or direct transfer to the child is also approved.

A situation may arise in life as a result of which parents cannot continue to support the child. The responsibility passes to the grandparents. They must regularly pay alimony in the amount established by the court for the maintenance of their grandchild. It is also possible to make an oral agreement. Based on the negotiations, the volume and payment schedule are determined. It is recommended to go to court only if it is not possible to reach an agreement peacefully.

Deadlines for paying child support in favor of the father

The frequency with which alimony payments are made is established by agreement. If payments for the child are not made with due regularity, the father has the right to demand alimony through the court from the mother, filing a claim with her in accordance with Article 107 of the RF IC. In this case, the period from which she evades child support will not matter.

The provisions of Article 107 of the RF IC determine the possibility of awarding alimony from the moment the claim is filed in court. Thus, if, before going to court, the parents entered into an agreement between themselves regulating the procedure for making alimony payments, their collection will be made for the period that preceded going to court. Documentary confirmation of the fact that there are no alimony payments from the mother who is obligated to pay alimony is the basis for collecting the necessary funds. The law provides for the possibility of debt collection over a three-year period.

Alimony percentage: how it is calculated

The minimum amount for child support is established in each region of the Russian Federation separately.
If grandparents have other types of income in addition to pensions, then grandchildren have the right to claim payments. For example, if social benefits amount to 15 thousand rubles, and a person needs at least 12 thousand rubles for living expenses, then the maximum allowable charge is no more than 3 thousand rubles. The claim indicates the planned amount. It will be subject to adjustment in the future. It may also change during the trial.

How to file alimony payments

1. Voluntary agreement. It should contain the following data:

• payment amounts;
• timing and regularity of payments;
• procedure and methods of transferring funds (or natural products).
• The agreement must be notarized. Then it acquires legal force equal to a writ of execution.

1. Obtaining a court order. The document is issued by the magistrate subject to:

• minor children;
• absence of other alimony obligations from the mother;
• her residence on the territory of the Russian Federation.

Attention: the court order can be appealed by a woman on the slightest grounds

1. Assignment of payments by the magistrate. To do this, you must file a claim. The proceedings will take some time, but the decision will be difficult to appeal.