Every woman dreams of a family. But, unfortunately, according to statistics, in the modern world the number of divorces increases with the increasing number of marriages.
Divorce - a difficult period for women, not only in moral terms, but also material. In our country, shared children with the divorce of the parents remain with the mother. That woman has more rights to the child. On the father, in general, the material part of the question is imposed. The rights to the child are not removed from it. But since the child does not live with him, he is obliged to pay him alimony. With rare exceptions, when the child remains with the father, the child is obliged to pay the mother.
What you need to know about the payment of alimony?
- Evasion of alimony payments is a matter of jurisdiction. If a certain amount is not paid, the parent faces even imprisonment.
- Alimony is calculated on the basis of the parent's wages, as well as other income: business income, pensions, unemployment benefits, etc. However, they are calculated only from those payments that are permanent.
- Cash payments from a parent must be made monthly.
Alimony payments: until what age?
Many parents are interested in the question: until what age should a child receive alimony from their former spouse (ex-spouse)?
- A parent with whom the child does not live must pay child support until the age of majority. The situation with children with disabilities is more difficult. If necessary, the payment of alimony to such children continues sometimes after the age of majority. If such a child is incapacitated, then it needs the help of both parents, even reaching the age of 18.
- But if a healthy child at the age of 18 did not get up on his feet, did not begin to earn money himself, then can we talk about the extension of the payment of alimony from the second parent? This issue is very relevant for women, because it is them who mainly take care of providing for the child during his studies at the university. In the event that the child continues at the full-time department of the university after studying at the age and studies at the expense of budget funds, the parent to pay him alimony before completing his studies? Such a proposal was considered by the government, but was not approved, and no changes were made to the law.
- The only good news is that the court can oblige the second parent to pay child support if the first is not able to provide the child with the previous level of material well-being. The child’s age for child support is then extended to 23 years. It was at this time that studying at the university comes to its logical conclusion.
- However, not all women will want through the courts to seek alimony for their children from their fathers. This is very difficult morally, and difficult financially, and it can significantly spoil good relations with the former spouse (if any). Most often, the former spouses compromise: after the child has come of age, the father (or mother) stops paying alimony, but continues participate in the material security.
- Much worse is the issue of collecting alimony through the courts. It is resorted to if the parent refuses to voluntarily pay child support until the child reaches 18 years of age. Moreover, it is interesting to note that the recovery of alimony can be not only after a divorce, but also in marriage, if the parents do not live together, and from the other spouse there is no material assistance to the family, and children in particular.
- If the decision on the payment of alimony is made by both spouses (former spouses) voluntarily, then a certain agreement must be concluded. This is a child support agreement..The amount of alimony in it is indicated either as a percentage of the parent's income, or in a certain amount of money. Less than the minimum payment of alimony established by the state, the amount should not be. The minimum monthly amount of alimony today ranges from 1200 p. up to 2400 p., depending on the region of the country.
- The agreement on the voluntary payment of alimony must be certified by a notary, otherwise it is invalid. If the decision on the payment of alimony is not taken by one of the spouses, then it is necessary to resort to court for help. For this you need:
- Show the original and a copy of the marriage certificate;
- Show a copy and original of the birth certificate of the child;
- Take certificates from the employer in the form 2-NDFL (both parents);
- Take extracts from the house book (both parents);
- Submit a claim to the court in 2 copies.
Of course, everyone would like to avoid the issue of alimony. Let it be better for the child to have both the mother and the father, who will jointly provide it. But circumstances are different, and it is good if the spouses come to a compromise on the issue of payment of alimony. If not, then it is better to contact a competent lawyer. He will tell you everything you need.
See also:How to file for alimony after a divorce?
Remember that the payment of alimony under the law is carried out up to 18 years, for children with disabilities - and after 18 years. And in some cases, only by a court decision, child support may be paid for the period of study of the child in the full-time department of the university (if the child does not have his own income and if the parent with whom he lives is not able to provide it).