How to oblige to pay the alimony for the child?
According to the statistics of 2010, in the Russian Federation 80% of marriages come to an end with divorce. Much divorced, holding the child, unwillingness of the former spouse to pay the alimony faced a problem. How to oblige the second parent it to do?
First of all, the certain order established by the Family code of the Russian Federation exists. According to the Art. 107 RF IC, you have the right to appeal to court with the statement for collecting the alimony irrespective of the term which expired from the moment of emergence of the right for the alimony if the alimony was not paid under the agreement on payment of the alimony earlier.
What for this purpose will be required? First of all, take the reference from ZhEK that the child lives with you. Otherwise to prove this fact it will not turn out. Further write the application in world court, attach this reference and the birth certificate of the child. Even if the former spouse (spouse) lives in other city - appeal directly to world court in the place of your residence. Anyway the court order about collecting the alimony will be transferred to the Federal Bailiff Service (FBS) at the place of residence of the payer.
The size of the alimony is established according to a salary and the additional income (if that is available). If the court obliged to pay the alimony for one child, then 25% of the income if for two - 33%, for three and more - 50% are collected.
According to the Art. 109 RF IC, administration of the organization for the place of work of the payer has to hold monthly the alimony from a salary or his other income and pay or translate them at the expense of this person to the person receiving the alimony not later than in three-day time from the date of payment of a salary.
In case of dismissal of the person obliged to pay the alimony, the administration of the organization is obliged to report about it to the judicial performer in three-day time. The person obliged to pay the alimony has to report about the new place of work in the same time. In case of not message on change of the place of work perpetrators are brought to administrative responsibility according to Art. 17. 14 Codes of the Russian Federation on Administrative Offences.
The size of debt on the alimony is established also according to a salary or any other income of the person obliged to pay the alimony. In cases if the person obliged to pay the alimony during this period did not work or if the documents confirming its earnings and (or) other income are not submitted, the debt on the alimony is defined proceeding from the size of an average salary in the Russian Federation at the time of collecting debt.
In the claim of the debtor the court has the right to exempt it in whole or in part from payment of debt on the alimony in cases if the illness or other good reasons took place.
In case of loss of the debtor the judicial performer has the right to put him on the wanted list, according to Art. 65 of Federal Law “About Executive Production“. Also it is necessary to know that for malicious evasion from payment of funds for keeping of children criminal liability according to Art. 157 of the criminal code of Russian Federation is provided.