Child Support - 2015 - 2016 years, the amount of
"People meet, people fall in love, get married ..."people get divorced, people disagree ... and children remain. Unfortunately, it is often the children have to pay for the mistakes of adults. This article will not be arguments about whether the correct solution is to try to keep the family together for the sake of the child. So, the fact has come true and parents divorced. More often there is a question of alimony. This is what will be discussed below.
According to Russian law, parents mustto support their children until reaching the age of majority of them. How is child maintenance will occur, parents are determined independently, the main thing that interests of the child is not suffering. The same applies to a situation where the parents are divorced and the child remains with anyone - any of them (mostly with his mother).
It is believed that after the divorce, child support is necessaryrecover. However, it is - pure delusion. In the event that you and your husband were able to maintain the ability to dialogue and willing to resolve this issue amicably, you have every right to conclude the agreement on the order of the content your child without going to court. To this contract gained legal force, you need to assure him at any notary.
If the world did not resolve the issue
In the event that you are unable to reach an agreement, you need to collect child support in court. To do this you need to collect a number of documents:
- Copies of certificates of marriage and divorce.
- Copy of birth certificate of each child for whom child support collected.
- Information about the fact that children are your dependents.
- Application form. The sample usually is in the court.
With these documents you will need to apply to the court for the defendant's place of residence or, if unknown place of residence, place of last known residence of the defendant.
The amount of maintenance
Of course, one can not ignore thisthe question of how the amount of support. In that case, if the parents could not agree on their own, the amount of child support payable will also be established in court. The amount of maintenance may vary, and sometimes quite significantly - because it depends on several factors:
- Amount of children.
In one child, usually collected in court one quarter of the wages for two children - one-third of earnings, and for three or more children - half of the wages.
- Income respondent.
The interest rate of wages deducted from the parent as child support, may be either reduced or increased - depending on the particular circumstances in each case.
In some cases, the court may order child support,the size of which will depend not on wages. The amount of maintenance in this case is set as a fixed monetary currency. Sometimes this is the best option to obtain child support. 2016, in which it was decided such a resolution has shown the effectiveness of such payments.
As a rule, such a court decision is made in the case, if the parent who is obliged to pay child support:
- No stable earnings.
These days are not uncommon situations in whichSalary shall be issued "in envelopes", or the parent of odd jobs, or goes to work on a rotational basis, in other regions of the country. In such cases, the court shall establish a well-defined amount that the defendant is obliged to pay monthly child support. It has long been not uncommon these child support amount in 2015 was 3,500 rubles for each child. In 2016 it increased to 4,000 rubles.
- Earnings in foreign currency.
Also, the court may order the defendant to pay child support in a fixed amount in the event that part of the salary he receives in the form of any goods or foreign currency.
The size of such a fixed amount of alimonythe court shall determine, taking into account the possibility of saving a child of his old standard of living, taking into account the financial situation as the one hand, and the other, as well as taking into account all the circumstances which may have an impact and deserve attention.
All sources of income of parents
Many people believe that the amount of supportIt is determined by the amount of wages only. However, in reality it is not. The amount of maintenance is calculated based on the total income of the respondent. Taking into account these sources of income, as an additional place of work, individual entrepreneurial activity, income from renting the premises, inheritance and the like.
However, keep track of all income sources are sufficienthard, so if you something became aware of additional income spouse. And you want children to receive its rightful share, you should as soon as possible to inform about this fact the bailiffs office.
Additional costs for a child
However, all parents know that a child - itLike the unpredictable natural phenomenon. And never be sure to wait exactly what to expect from them tomorrow. Tragically, children are often sick, and not always this disease is a simple cold. Or it is necessary to send the child to the health center or just on vacation, to gather in the school and other situations.
As a rule, if the parents solve this problem through negotiations. If you are unable to agree, you can go to court with a lawsuit to recover from the defendant's extra cash.
You are obliged to provide the court with all the checks, copies ofdocuments confirming the fact that you really had to incur additional costs for the child. As a rule, if the court finds that these additional costs were for the child really needs, he decides on the claim for compensation of the amount already spent and obliges the defendant in the future to participate in additional expenses for the child.
However, keep in mind that if yourhusband would regularly pay child support and participate in the education of your children, it automatically gets the right to receive old-age support from their grown-up children. Therefore, if your spouse is not paying child support and does not otherwise take part in the life of a child, be sure to fix it documented.
All of these activities take up a lot of time and effort. So try to negotiate peacefully. And in any case do not solve the problem in front of the child. After all, it can feel like a very ordinary small change ...</ P>