Tip 1: How to collect child support

Culture and Society

Tip 1: How to collect child support

When divorcing a married couple who has children,the question arises of the payment of alimony. Of course, much depends on the personal qualities of the participants in the situation. However, there is an established procedure that describes the lawful payment of alimony. To familiarize with it, means to secure ways of retreat to the future.

Material aid for children, after a divorce, oralimony, most often pays the father. The mentality and customs of our society dictate this rule, but it is not elevated to the rank of law. So the situation can be reversed. The parent who remains with the children has the right to help, until the children reach adulthood. There are two ways to organize such financial relationships.

The first option is a notarial conclusiona certified agreement on the payment of alimony between the two parties. This document specifies the amount, terms of payment, terms of payment. He also describes the nuances associated with changing the payer's work and other details. This document is drawn up with the consent of both parties. Thanks to such agreements, it is much easier to get alimony. The procedure is free from conflicts and outside interference. On the other hand, it is important to understand that the conclusion of such an agreement will limit the ability to collect alimony in court.

The second option is the receipt of alimony byresult of the court decision. You can sue in the absence of a notarized, formal agreement, or in case of non-compliance. For filing a suit in court you need a compulsory package of documents:

a certificate of income of your opponent;
data from the home book of the submitting lawsuit and his opponent;
the statement of claim in duplicate;
birth certificate of a child (children);
original and a copy of the marriage certificate.

This package will be the basis for starting the business. The amount of alimony will be established during the consideration of the case. The court decision will help to collect the alimony, with the help of the organization, on which the opponent works. In other words, the set amount will be deducted from the opponent's salary, before they directly receive funds. Undoubtedly, the recovery is made only from the official salary, it is impossible to track shadow incomes.

The court is also called upon to settle materialrelations in case of loss by the opponent of work, in case of change of a place of work, in case of change of a residence, the country of residence and so on. The blessing is that today the legislative system has provided the most part of situations thanks to what it became possible to conduct a correct alignment of forces.

Tip 2: How to recover child support through a court order

The court order is executivea document on the basis of which the recoverer refers to the department of the Federal Bailiff Service. The recovery of alimony is carried out in the process of instituted enforcement proceedings through the use of various coercive measures.

How to recover the alimony on the basis of a court order

If the unscrupulous parent does notpays money for the maintenance of children, then their legal representative goes to court to collect alimony. The result of judicial review of such cases is usually the issuance of a court order. This document is simultaneously a judicial decision and an executive document, which can be presented to court bailiffs. The claimant should write an application to initiate enforcement proceedings in the name of the head of the department of the Federal Bailiff Service in the location of the debtor. The application is accompanied by a court order, which confirms the existence of grounds for instituting proceedings.

What should the depositor do after enforcement proceedings?

After commencement of enforcement proceedingsthe recoverer should find out the details of the particular bailiff to whom the case was transferred. After this, you should contact this bailiff and make an appointment with him. At the reception, the legal representative of the child can report all the data he has about the debtor, his property, his place of work and residence. Such information when it is confirmed will greatly simplify the procedure for recovery of alimony. After successful search of the debtor, the bailiff will send him a demand for the voluntary execution of the court order. If such a requirement is not fulfilled within the prescribed period, an executive fee will be additionally collected from the unfair parent, after which the compulsory collection procedure will begin.

How to collect alimony forcibly?

The legal representative of the child shouldto supervise the procedure of compulsory recovery of alimony, to file a bailiff application for enforcement measures in the form of seizure of the debtor's property, restriction of departure outside the territory of the Russian Federation. The bailiff himself is obliged to request information about the payer's property of alimony, availability of real estate, vehicles, accounts in credit organizations. The executive document can be sent to banks where the debtor has accounts or deposits, as well as his employer, who is obliged to deduct the interest from official earnings. In addition, lately the bailiffs have effectively used the mechanisms of information influence on debtors, place ads on the streets, vehicles about non-payers of alimony.

Tip 3: How to recover child support from your father

The right to collect child support from my fathera child can realize through his legal representative, in which capacity a mother, guardian or specialized organization may act. The right to self-referral to the judiciary in a child arises only when reaching the age of majority or obtaining full legal capacity before the onset of this age.

The problem of independent recovery of alimony fromhis own father occurs in the child only after receiving full legal capacity. This capacity automatically occurs when you reach the age of eighteen, and in some cases - before that date (for example, with emancipation). However, adulthood or full legal capacity at the same time means the termination of the father's obligation to pay maintenance, which is provided by the current family law. That is why the child in this case can only rely on an independent collection of debts, formed at a time when he did not have full legal capacity.

How to collect child support from father before reaching adulthood?

While the child has not reached adulthood or was notis recognized as fully legally competent on other grounds, his right to recover child support from his father can be realized by a legal representative. Usually, the second parent (mother) of the child acts as such representative, but in her absence the application to the court on behalf of the child can be submitted by the guardian or organization in which the child is on maintenance (for example, an orphanage). The court accepts this application and considers it according to general rules, after which it is possible to apply for compulsory execution of the decision. All funds received as a result of these actions should be sent by a legal representative to ensure the interests of the child, satisfaction of his needs.

How to enforce alimony?

To enforce alimony from his fatherthe legal representative or the child himself after acquiring full legal capacity (regarding the collection of the past debts of the parent) applies to the bailiff's office located in the residence of the debtor. When applying, you should write an application to initiate an enforcement proceeding, attach a writ or an enforcement order issued on the basis of a previously adopted court decision to the application. After making a decision to initiate proceedings, bailiffs take various measures of compulsory collection, provided for by the current legislation. As a result, the debtor may lose his property, be subject to other restrictions, which will force him to voluntarily pay alimony and pay off the arrears for such payments.

Tip 4: How to collect maintenance for children

Divorce or separation does not remove fromspouses of responsibilities for the maintenance of children. The parent with whom the children reside must be paid alimony. Do not delay their design. If the usual way to resolve the issue is not possible, will have to go to court.

You will need

- passport;
- divorce certificate;
- birth certificates of children;
- a certificate of the defendant's wages or other evidence of his income;
- checks confirming expenses for children.

Instructions

To appeal to a magistrate, gather a packagedocuments: birth certificates of children, a passport, a certificate of divorce and copies of these documents. Nice to have a document certifying the income of the spouse, which will be charged with child support, such as a certificate of wages.

Decide how you prefer to receive payments. Alimony can be assigned depending on the defendant's monthly income or in a hard cash amount. The latter option is more beneficial if the former spouse does not have a stable income. If you are applying for such a payment option, you will have to explain to the court how much is necessary to ensure that the interests of the children are not infringed. To confirm costs collect checks confirming the payment of circles and sections, purchase of clothes and medical expenses.

If you choose payments as a percentage of incomedefendant, keep in mind that the court takes into account only the official salary. A quarter of the income is required for one child, for two children - a third, for three or more - half.

Write a statement of claim, in whichrequest for payment of alimony. The sample can be found at the reception desk or downloaded on the Internet. Attach copies of documents to the claim. You will be informed of the date when your case will be considered. Keep in mind that alimony will only be accrued from the time you apply to court, so do not delay the filing of a claim.

After the court takes place, get a copyjudicial decision. The same document will be sent to the bailiff service, which will take charge. The bailiff will send a writ of execution to the defendant's place of work.

Be sure to check the transfer processthe writ of execution. If the bailiffs did not take the necessary actions within the timeframe established by law, you can write a complaint to them and send it by registered mail with a notice of delivery. It is also possible to appeal to the prosecutor's office.

If the defendant does not pay child support, referringon the instability of income or lack of work, you can initiate a new case against him with a demand to change the order of payments and recover from the debtor a penalty for late payment of the amounts due. It is 0.5% of the assigned amount for each day of delay.