Alimony obligation is a legal relationship that arises on the basis of legal facts provided by law. According to the Constitution of the Russian Federation, all minor children have the right to receive maintenance from each of their parents, regardless of whether they are legally married or not. Thus, alimony is a certain legal instrument that protects the rights and interests of children in this regard.
Instructions
Step 1
According to family law, there are two ways of paying alimony: by court decision and by mutual agreement of the parties, or independently. If the parents could not agree peacefully, then the recovery of alimony can be made through the court. Moreover, the spouse with whom the child lives has the right to dispose of these funds. Thus, he can file a claim for the recovery of alimony from the debtor. True, the maximum period from the date of submission of the writ of execution is 3 years.
Step 2
The payment of alimony is carried out directly under the supervision of the court by the organization where the debtor works or studies, who is obliged to pay alimony. The fact is that the responsibilities of the management of the organization include withholding from the due wages or other income the amount of alimony, which corresponds to the amount specified in the writ of execution. On the basis of the Federal Law on Enforcement Proceedings, the amount of deductions on alimony payments can reach 70% of the debtor's earnings. In the event of the debtor's dismissal and upon entering another job, the administration of this or that organization is obliged to immediately notify the bailiff at the place of execution of the court decision.
Step 3
It also happens that a parent raising one child has no material claims to his ex-spouse at all. And he simply decides to independently transfer funds for the maintenance of his child. Often spouses, upon divorce, draw up a special alimony agreement with each other, in which certain conditions for the payment of alimony are prescribed. This option is the simplest, as it allows you to resolve all issues without conflict situations and judicial red tape. It should be noted that it is advisable to certify this document by a notary so that it has legal force.
Step 4
You need to know that the alimony obligations should be approached responsibly and strictly follow the rules established by law. Indeed, in case of malicious evasion from the payment of alimony, civil and even criminal liability is envisaged. It is always necessary to document the transfer of funds for the maintenance of the child. For this, an ordinary receipt may well be suitable. However, the best payment method is still cashless transfers of money to a savings book or to a current account. It must be remembered that in the event of a prolonged non-payment by a citizen of the alimony due, the debt collection under them can be levied on any property of the debtor, except for the property on which, according to the law, collection cannot be levied.
