In most cases, the concept of alimony is associated with the payment of a certain amount of money to support a child. Many mothers, left with a child and without a spouse, deny themselves material assistance, as they believe that it is very difficult to arrange for child support. This is not entirely true; a minimum set of documents is required to resolve the issue in court.
Instructions
Step 1
Mothers raising children without the participation of fathers should not bear the burden of material support on their own, there is a law, and it obliges both parents to bear the costs of supporting their children. If the father is a conscientious citizen and is willing to voluntarily participate in the costs of maintaining the child or children, then this must be documented. An agreement on the payment of child support must be concluded between the parents. The agreement is concluded in writing and notarized. For a notary, you need to provide: passports of the parties to the agreement, a child's birth certificate, a marriage certificate or a divorce certificate. An agreement can be concluded only upon reaching an agreement between the parties regarding the amount of alimony and the timing of payments.
Step 2
If the child's father refuses to pay the child's allowance, then in this case it is necessary to go to court for a court decision. To do this, it is necessary to send to the court: a statement of claim, a child's birth certificate, a certificate from the passport office, to confirm that the child lives with his mother, if available, then a certificate of the father's salary. All documents are attached to the application in copies, the originals are presented to the court for review already during the trial. If the father's place of residence is unknown, the statement of claim is filed with the magistrate's court at the child's place of residence.
Step 3
As a rule, the amount of alimony is set in proportion to the parent's income. One child is charged 25% of the net income; for two 33% and for three or more 50% of the net income. Alimony is collected monthly. If the parent does not work, then the amount of monthly alimony can be set in a fixed amount. Alimony is levied on any parent's income until the child reaches the age of majority. If the parent has an arrears in the payment of alimony, then the debt will be collected even after the child's eighteen years of age.
Step 4
The bailiff is engaged in the collection. His task is to find out whether the unscrupulous parent has property, his place of work and residence. For this, requests are sent to government agencies. After the place of work is established, a writ of execution is sent to the accounting department of the enterprise and every month there is an automatic deduction of the amount of money in favor of the parent living with the child. The bailiff has the right to control the procedure for calculating and paying alimony.