How to get alimony?

Previously, “” talked about who has the right to alimony, where and how to submit them. Today we will talk about how to obtain child support. This is important when there is a court decision or writ of execution, and the money from the father of your child is still there.

Executive production

As divorce in the presence of common minor children are made by the court, and condition about payment and amount of alimony is also often specified in a judgement.

The part of the defendants to perform their obligations of this Pope and without the courts, and some — in strict compliance with all the papers. And, unfortunately, there are those who are “looking for firefighters, police looking for” — or rather the bailiffs.

In a normal situation, when the father receives a salary and is not hidden anywhere, a place where you can get child support, it will work. On the basis of a writ of execution accounting Department is obliged to deduct the agreed amount from his income and list the child’s mother.

It is convenient both to the payer and the recipient. In this case, the woman is sure that a specific number on the account will be credited a specific amount.

Delinquent: malicious and not

Sometimes life develops so that once the closest person turns away from the once beloved woman and their own child. These “dads” may prefer to hide himself or to hide income, to avoid paying.

The law in this case provides that all unpaid accumulated as debt. In this case, the women say that don’t get child support and don’t know what to do in such a situation.

In particularly difficult cases, when the father of the child absolutely does not go on contact, you should enlist the help of the state in the person of the bailiff Service. Writ received in the court office after the decision on divorce and maintenance for the child, served in the MTP together with the application instituting the enforcement proceedings.

When the materials are received at the work of a particular specialist, should go to see him: possible, existing information about the father of the child will help how to find it and to seek from him the necessary sum.

This is the most real, effective and legitimate way to get not only alimony, but also to recover the arrears.

What to do if there is no salary

Where no permanent or official income when you confirm you have received it, especially in certain amounts, is almost impossible, are different from the General rules of the levying of alimony.

  • First, if the mother goes to court, it obliges the unemployed father to pay the amount not as a percentage of income, and a specific monetary amount. Thus in the statement of claim must specify the fact of the lack of male permanent earnings. Monetary value of expenditure on the maintenance of the child is tied to the minimum subsistence level (set as a share of him or fold).
  • Secondly, in the case of enforcement via bailiff they index the court set the sum along with the growth of the subsistence minimum.
  • So notes that while learning how to get child support if the father is not working, actually or officially, is important to justify the statement of claim the costs of child maintenance.

    How to get alimony before the divorce

    There are such situations when the couple from the point of view of the law is still together, but actually they are already strangers. It is especially difficult for women who are on maternity leave or sit at home with a small child at the time, as my husband stops to help or even leaves. In this case it is not necessary to wait for the divorce to file for child support.

    Thus, the head 13 of the Family code of the Russian Federation, devoted to child support, contains a reference that can be enforced due but not granted child allowance. Similar rules talking about mutual financial support of each other’s spouses and the right of a pregnant wife. A specific rule that says how to get child support from the “current” husband, sorry, no. This is done in court, by filing a statement of claim magistrate.

    Alimony is one of the unpleasant consequences of divorce. Of course, if you are able to maintain normal relations the man, ceasing to be a husband, never ceases to be a father, are not there. In this case, assistance and support in the upbringing and maintenance of the child remain.

    But, alas, this is not always. So one side is hiding, or “takes the shadow” incomes, below, if we have to pay, then do it at a minimum. The other learns how to formally receive child support, writes statements to the court and met with court bailiffs service.

    Speaking about the highlights of alimony, we certainly hope that our article will help you, but I sincerely wish never to encounter.

    Author — Hope Budnikova, site

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