The payment of alimony is the responsibility of one family member to support the other. It arises in relation to incapacitated parents or minor children. Alimony can be paid voluntarily. For this, a written agreement is concluded in notarial form or with obligatory certification by a notary. If this document is absent, then alimony is paid by a court decision.
Instructions
Step 1
The obligation to pay money for maintenance arises regardless of the presence or absence of income or the financial situation of the defendant. If a voluntary agreement on the payment of alimony has been concluded, then it must be strictly observed. Moreover, regardless of whether you are unemployed or have a job. The agreement prescribes a specific amount of alimony or indicates a percentage of the amount of income.
Step 2
If there is a bilateral agreement, the amount of money paid can be changed to either side. But it should be remembered that changes, like the agreement itself, must be made in writing and notarized.
Step 3
If the parties do not reach a mutual agreement on the payment of alimony or on changing their amount, then this dispute is resolved in court. The court can determine whether the alimony should be paid as a percentage or as a lump sum. If you are temporarily not working, then alimony will be calculated from the amount of unemployment benefits, which will be assigned upon registration at the employment center. If the figure received at the time of consideration of the case of non-payment of alimony is below the minimum wage or you do not receive unemployment benefits, then the amount of alimony will be calculated based on the minimum wage.
Step 4
For one child, 25% of the minimum wage is paid, for two - a third of the minimum wage, for three or more children - 50% of the minimum wage. For 2011, the minimum wage is 4611 rubles.
