Recovery of alimony in a fixed amount of money: order
A fairly common problem at presenttime is associated with non-payment of alimony. Sometimes a negligent father or mother hides their incomes. In this case it is much easier to collect the amount of payments in a firm form.
Kinds of collecting payments for the maintenance of the child
Sometimes the situation develops so that the familyhappiness can not be saved. As a result, an acute question arises about the procedure for keeping minors. Well, if possible to agree, but often, burdened with grievances, ex-spouses forget about their obligation to keep minors. To date, the legislator provides for several types of recovery of alimony payments: recovery of alimony in a fixed amount of money, recovery in percentage and mixed.
Methods of recovery of alimony
The order of recovery of alimony in a solid monetarysum is no different from civil: there are two ways to determine the amount of alimony - voluntary and forensic-compulsory. Of course, the best solution is a notarized agreement on payment, but such a resolution of the issue in practice is more an exception than a rule. In this case, it is better to consider all the nuances, provide for the moments of incapacity for work and so on.
Conclusion of the agreement guarantees that the conditionspayments, one way or another, will be arranged by both parties, it is possible to provide for cases of detention after reaching adulthood, and, in case the child has reached the age of 14, - to formalize the agreement directly with the child. At the same time, the amount of payment for a child can not be lower than that guaranteed by law - provided for by provisions on the minimum subsistence minimum for a certain category of population in the region.
In the absence of an agreement,is simple - all alimony issues are resolved by a court that can consider them in the order of a court order or accept a statement of claim. Alimony in a hard sum of money is collected in the general order, because the case requires a detailed clarification of the circumstances of the court.
Persons entitled to recovery of alimony
The right to file a claim for recoveryalimony in a solid monetary form belongs, as a rule, to one of the parents, an adoptive parent, guardians, trustees and a children's institution in which the child is raised. Payments of alimony in this case have a strictly designated purpose - the satisfaction of the urgent needs of children, so the parent has the right to know how the funds for the maintenance of the minor are spent, and the account to which the money is transferred is registered in the name of the child.
Alimony in a hard sum of money: conditions for use, size
As a rule, it is easier for the court to collect alimony inpercentage ratio - in this case, he does not need to find out the circumstances of the place of work and the conditions of life of the parent. But sometimes the defendant, wishing to hide his real incomes, constantly changes his place of work, is set up unofficially, under a civil law contract. In order to suspend connivance with respect to the performance of parental responsibilities, the legislator provides for the possibility of paying a guaranteed amount.
In particular, if there is noinformation about the income of the payer, the income is not stable (this can violate the rights of the minor). There are cases when, in a fixed amount, alimony is also assigned to the mother of a child who has other dependents, pregnant. For the benchmark, the court takes the index of the subsistence minimum in the territory of a certain region, which is determined every quarter by publishing in the local media the resolution of the executive body responsible for the formation of the budget.
The amount of alimony
Determining the amount of alimony in a solid monetary amount is a task fixed by the Family Code for the judge.
Thus, as noted above,The charge to be collected is dependent on the subsistence minimum, as well as on the average wage for a certain locality. It is worth remembering that the process is based on the principle of competitiveness, and the plaintiff should thoroughly prepare a justification for his position in order to get alimony-sized alimony in a firm amount of money.
How is the amount determined
Periodic payment established by courtindexed, which again depends on the changes in the main indicator. Usually such an indexation is carried out by court bailiffs by issuing an appropriate resolution or the accounting department of the enterprise to which the writ of execution is sent. To recalculate the bailiff, a court decision and a local authority decision are necessary. In cases where the payer has arrears, indexation is performed in accordance with the information for the entire previous period, i.e. quarterly.
The recalculation not done is roughoffense against a minor. In this case, you need to contact the bailiff service for an explanation of the enforcement proceedings. If the performer is not acting, the senior bailiff in the district, then the area, and also in the court. Collecting alimony in a hard cash amount is a complicated procedure, therefore it is easier to hire a good lawyer to protect the interests of the plaintiff, which will help to control execution issues. The amount does not change with a decrease in the subsistence minimum
Change in the amount of alimony
In accordance with the provisions of the Family Code,the amount of alimony may change in the event of a change in the financial situation, as well as the health status of both parties, for example, with the loss of a place of work or the onset of disability. The amount can also be challenged if new children are born into a new marriage, or, on the contrary, there are unaccounted incomes of the parent. In some cases, when the plaintiff originally claimed the percentage calculation of the amount of alimony from earnings, it is possible to replace it with the recovery of alimony in a fixed amount of money: in case of loss of a permanent place of work, concealment of incomes,
The application for resizing is sent tothe world court at any period before the child's majority, it indicates the information about the applicant, the minor, information on the payer's place of work, a reference to the circumstances that serve as the basis for the indexation. It is necessary to attach to the application and such documents as a court decision, on the basis of which the recovery of alimony in a hard cash amount, income statement, birth certificate of other children, certificates from medical institutions.
Execution of a court decision
Undoubtedly, the main goal of the solution and the most difficultits stage consists in execution. The executive list issued by the judicial authority on the basis of the plaintiff's application shall be presented to the district bailiff's office at the meta residence of the payer, the place of his work or the location of his property, depending on the choice of the recoverer. After the bailiff makes a decision on the immediate execution of the decision, copies of which are sent by mail to the recoverer, the debtor and to the court. The resolution includes all the data of the recoverer and the debtor, as well as the requisites for the accrual of funds.
Further, the bailiff must send an executivelist to the accountant of the employer who is obliged to keep the amount of alimony from wages monthly, pay the recoverer no later than three days after the receipt of funds, index and notify the bailiff about the change of place of work.
For failure to comply with such requirements for no apparent reason or untimely provision of the employer is liable under Art. 19.7 of the Code of the Russian Federation on Administrative Offenses.
Also, the law provides for penalties for other offenses for the execution and loss of the document.
Either way, the recovery of alimony in a solidthe monetary sum has its pluses in comparison with the percentage deduction, and its minuses. However, responsible parents should remember that keeping children is not just a legitimate, but also a moral duty.