Statistics show that more than half of all marriages usually end in divorce. In most divorcing families, parents simply shy away from maintenance, changing their place of residence or place of work. The Family Code obliges parents to support their minor children. The method and type of maintenance of children is established by the parents themselves on the basis of a notarial agreement on the payment of alimony.
The method and type of maintenance of children is established by the parents themselves on the basis of a notarial agreement on the payment of alimony. This agreement specifies the order, form and amount of alimony, which are legally established. Alimony can be a specified portion of earnings or income, it can be paid concurrently or periodically, or it can be property. In addition, a combination of the listed methods of paying alimony is possible.
If the parents do not pay alimony, the money can be recovered through the court, and it is necessary to take into account the financial situation of the parents. If the parent does not work, the money is spent on the maintenance of the children from pensions, benefits, interest on deposits, shares or interest on the delivery of property. After the court makes a decision on the payment of alimony, it is necessary to obtain a special writ of execution and send it to the bailiff service to initiate enforcement proceedings.
First, the parent who is paid alimony is given a certain period of time so that he can voluntarily pay off the enforcement requirements, that is, indicate the place of work, possible sources of income and pay debts. Voluntary execution of court requirements is possible within five days.
After the writ of execution is sent to the place of work, it must indicate the amount withheld for the payment of alimony, the amount of the debt, the address of delivery of the alimony and data on the claimant.
There are situations when a parent does not pay alimony voluntarily due to lack of earnings, income or change of residence. In such cases, the debtor parent falls under criminal liability for evading the payment of alimony.
