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A mother raising a child alone has the right to receive alimony from his father. The method of collection, the frequency of payments and their form are discussed between the spouses when drawing up an agreement or are determined in judicial procedure. Willful defaulters are dealt with by bailiffs. If it is impossible to find a child support provider or collect funds from him for the maintenance of a dependent, the mother has the right to contact the authorities social protection. Authorized persons can increase the benefit for a child who does not receive alimony upon presentation of documents proving non-payment by the biological father.
Social child support, according to the previously rejected bill number 489583-6, could be available to single mothers raising their children independently after the dissolution of their marriage. Key Points The regulatory legal act is as follows:
The law on strengthening guarantees of the rights of the child and the payment of alimony by the state was registered back in 2013. Unfortunately, during the first half of 2017, its consideration was postponed several times. The bill was finally rejected in July. The current regulatory legal act is Federal Law No. 81 on state benefits allocated for the maintenance of dependents. According to Article 16 of this law, the state must reimburse part of the funds to women raising children without the help of a second parent. The amount is set at the regional level. It is enough for the mother to submit documents confirming the fact of non-payment of alimony to the social security authorities in order to receive a “profitable” (increased) monthly benefit.
Features of government payments
If the ex-husband does not pay child support, does the state pay? It depends on the situation and circumstances:
- The man does not want to pay for the maintenance of his child and in every possible way avoids deductions for child support obligations.
- The child's father is serving time in places of deprivation of liberty (colony, prison).
- The citizen paying for the child’s needs was ordered by court to undergo treatment.
- The alimony worker moved to another country for permanent residence.
- The baby's father was declared incompetent.
- Due to deteriorating health or receiving a disability group, the alimony worker can no longer work.
- The citizen was drafted into the army.
- A man can no longer support a child due to circumstances beyond his control.
According to the current regulations of Russian legislation, in the above-mentioned cases, the mother has the right to make an appointment with the local department of social protection. Authorized persons, based on the documents presented, must compensate for alimony payments by increasing the amount of child benefit.
Relevance period of state alimony
The specific period during which reimbursement of unpaid alimony will occur is not specified in the current legislation. Each situation is considered separately by employees of social protection authorities.
They have the right to decide to stop payments for the following reasons:
- The alimony payer put on the wanted list was found by the federal bailiff service or the alimony recipient himself. Funds for child support will continue to be withheld from his income. The debtor will also need to compensate the state for losses associated with the provision of increased benefits to a single mother.
- The child has reached the age of majority or has been emancipated, that is, recognized as legally competent at the age of 16 due to early employment or marriage.
- Adoption of a child by the mother's new husband.
- Termination of the relevance of the circumstances that served as the reason for the provision of assistance from the state.
- The death of a dependent means the termination of any payments for his support. If the alimony holder has died, then the situation is somewhat different. The mother has the right to apply for a survivor's pension. The benefit amount will remain the same.
Determining the amount of increased benefit
There are two ways to determine the amount of alimony compensation. Each of them is applied, depending on the previously assigned form of payment:
The average family income is calculated using budget revenues from close family members:
- Spouses (able-bodied and disabled).
- Children under 18 years old.
- Adult children under 23 years of age who continue to live with their parents and are studying full-time at a public institution.
- Adult children with disabilities.
Social security authorities will make an increase equal to the received value. In practice, the amount turns out to be significantly lower than that approved in court.
Instructions for applying for state aid
A woman who wants to insure herself against non-payment of alimony by her ex-husband must follow the generally accepted procedure:
When making payments by oral agreement, it is impossible to confirm the failure to fulfill alimony obligations. You will first have to go through the procedure for collecting funds for child support, then follow the rest of the instructions if the need arises.
If all conditions are met, the mother can submit an application and the required documents to the social protection authorities at her place of residence. It takes no more than 10 days to consider the request. ABOUT the decision taken The applicant will be notified via the contacts provided by him.
Documentation required by social security authorities
An application for an increase in child benefit is drawn up on the spot. Social security employees will be required to provide examples and help with writing. You must take the following documents with you:
- Metrics of children for whom child support payments were made.
- Certificate of income from official place of work.
- Certificate of dissolution of marriage between spouses.
- A certificate from the bailiff service confirming the failure of the child’s father to fulfill his child support obligations for 6 months or more.
- Applicant's identity card.
- Certificate from the place of residence of the mother and child.
Depending on the situation, other documents may be required:
- Documents confirming the establishment of guardianship of the child, if the documents are submitted by a guardian or trustee.
- Certificate from the internal affairs bodies confirming that the alimony worker has served a prison term.
- Papers proving that the dependent's father is wanted or has moved to another country for permanent residence.
It is advisable to check with social security officials for a complete list. You should take originals and copies of the necessary documents with you.
Consequences of “malicious” evasion of payments
Since 2015, Russian legislation has a clear definition of a “malicious” alimony defaulter. From a legal point of view, this is a person who does not want to support his child and avoids payments in every possible way for a long time.
An unscrupulous parent should expect not only large fines, but also criminal liability. The punishment of the Criminal Code of the Russian Federation is regulated. A criminal case is being initiated in accordance with Art. 157. of this Code in case of malicious and groundless evasion of alimony obligations.
If the alimony worker is unemployed, this does not relieve him of responsibility. The parent will have to pay the accumulated debt and penalties. Payment will be made from his property, savings and bank accounts.
The exception is cases when, for health reasons, he can no longer exercise labor activity. Since 2017, some changes in laws have come into force, so the following innovations have become relevant:
- If the debt on alimony obligations increases to 10,000 rubles. and above, the driver's license of the child support worker will be canceled until the debt is repaid.
- Willful non-payers of dependents' support will not be able to use government services, such as obtaining a foreign passport or obtaining a driver's license.
The state is obliged to provide assistance to mothers who do not receive child support and are raising their children on their own. To obtain it, it is enough to contact the social protection authorities. You must take with you documents confirming the request and their duplicates. The funds are provided in the form of a supplement to the child benefit.
Alimony is the maintenance provided by the father after a divorce from the child’s mother. This duty follows from another, according to which parents have equal responsibilities towards their joint child. Therefore, they must support their common child together.
In practice, it often happens that after getting a divorce or even without waiting for a divorce, a man stops allocating money. Knowing what to do if the ex-husband does not pay alimony and does not work, you can receive maintenance, if not completely, but at least in part.
Alimony is set in different ways. The first option is not the most successful: an oral agreement. Parents themselves decided how much and when to give to their child. This was done orally, so there is no documentary evidence. This option is based only on the personal decency and responsibility of the child’s father.
If he stops paying, he will need to go to court or enter into a written agreement. When providing child support, a man each time takes a receipt indicating the purpose of the money. He will be able to prove that he fulfilled his duties if the woman wants to collect money from him for the supposedly previous period.
The second way is to conclude an agreement certified by a notary. In it, parents determine the procedure, amount, terms of payment, and distribute additional expenses, for example, for recreation, rehabilitation, treatment, sports and other events, and education. The agreement can establish the order of indexing. This best way solutions financial issues, since it presupposes the presence of dialogue and the possibility of agreement.
The third is the most controversial: going to court. The man does not make contact, does not want to go to the notary, does not want to support the child. The only way is to go to court. The process of establishing alimony is not complicated, but due to the workload of the court or the timely submission of responses to requests, it may be delayed. After a decision is made, it can be appealed, which will delay its entry into force and the receipt of a writ of execution for several months.
Content size
The law establishes that according to general rule the man pays alimony as a percentage of his income. The percentage will depend on the number of children. This method is good when the child’s father has a stable income.
If a man works unofficially, or receives a salary “in an envelope,” alimony can be established in a fixed amount.
Unemployed father
You need to try to find out the reason why the father does not pay child support for his child. This can be done based on the relationships that developed after the divorce. It's one thing when he's just sorry for the money because he remarried, and completely different if he lost his job. Meanwhile, lack of work is not a reason to stop supporting a child.
The man lost his job and during the search period applied to the labor exchange to obtain unemployed status. He will receive benefits for a certain period of time. Based on their size, he will transfer the funds to the child.
If he did not contact the employment center, then he will have to pay based on the amount of income at his previous place of work or on the average earnings in this area in the region.
Another situation is when the child’s father does not work due to disability or retirement age. To determine the amount of alimony, all types of income are taken into account, including pensions. However, in this situation there is one caveat: if the income is lower living wage, then the state must pay alimony.
Many women lie awake at night wondering what to do if their father doesn't pay child support. But really, what methods of influence can influence a negligent parent?
Unbreakable contract
One of the ways to obtain financial security for minor children is an oral agreement or a settlement agreement. This means that the ex-spouses were able to agree on the rules of payment and the amount of child support without going to court. But what to do if the child’s father does not pay child support, avoiding compliance with the agreement in every possible way?
Situations with an oral agreement and a settlement agreement are slightly different in the algorithm of actions.
Many women in vain expect that verbal agreements will become a 100% guarantee of decency ex-spouse. No one will provide insurance without documentary evidence. In this case, two scenarios are possible:
if dialogue is possible, then oral agreements must be recorded in writing and certified by a notary;
if one “fine day” a man suddenly becomes “deaf, blind and dumb,” then he will have to get child support through the courts.
How to force the father of a child to pay child support under the terms of a notarial settlement? Unfortunately, again it will not be possible to do without a trial.
The importance of the world text
Before signing a settlement agreement (whether before or after the conflict), try to obtain competent legal advice. The text must provide for all force majeure, and to do this, tell the lawyer about the circumstances without concealment, take off your rose-colored glasses and draw up the most accurate portrait of your spouse.
Note! A competent text of the settlement will provide invaluable assistance during legal proceedings, and it will be easier for you to get what you are owed.
In particular, the text should provide the following nuances:
if the father loses his job, how is maintenance paid: in such cases, payments are sometimes prescribed in a fixed form so that they are not tied to the amount of income;
Are any compensations provided in case of delays (“penalties” in addition to those prescribed by law can encourage dad to pay on time).
Why he doesn’t pay: argumentation is the way out
Let's look at the most common cases when a father refuses to pay child support, and ways to solve the problem.
Irresponsible attitude towards one's responsibilities– forced collection with the help of bailiffs based on a decision made by a judge.
An unemployed person who is in no hurry to find a job so as not to support financially ex-family, – bringing to administrative or criminal liability.
Believes that money ex-wife spends wrong, – drawing up a settlement agreement where all the conditions will be specified.
Fathers who are draft dodgers need to know that disabled people, pensioners and the unemployed pay maintenance (the amount is charged from their monthly state benefits). Does a father who has been deprived of parental rights pay child support? Yes, they won’t make an exception for him either.
Algorithm of actions
To get help from a negligent father for his own children, you need to file a claim in court. The court will take into account all details, including:
marital status of the defendant;
his income and how he received it;
social status;
plaintiff's claims;
child's needs.
It is clear that it will be possible to demand more from a successful entrepreneur than from an unemployed or disabled person, but in all cases the judge will charge the defendant with the obligation to fulfill the obligations enshrined in the law that arise for parents after the birth of a child. We are talking about material content, regardless of whether the man and woman are in official marriage or not.
The result of the court will be the receipt of a writ of execution, which can be sent to:
at the place of work;
V pension fund(if the defendant is a pensioner);
bailiffs.
Note! Based on Article 107 Family Code You can collect alimony for the last 3 years at any time before the child reaches adulthood and 3 years after it.
What will help stimulate?
The legislation provides for certain points that help encourage alimony providers to transfer money:
seizure of property and accounts when debt arises (this measure is very effective when working with wealthy drug evaders);
filing a lawsuit for deprivation of parental rights (often just the threat of filing such a lawsuit is enough);
accrual of penalties or fines;
arrest for 15 days or 150 hours of compulsory labor;
criminal prosecution, including failure to find a job for more than 3 months or deliberate concealment of income.
Note! Over the first six months of 2017, almost 64.5 thousand administrative cases were initiated in Russia against fathers-deviators.
To implement drastic measures, you need to submit an application with a request to initiate a criminal case:
bailiffs;
to the prosecutor's office;
to the police station.
Important! It is planned to soon introduce amendments to the legislation that will make it possible to recognize child support workers as “unknown absent” in court and pay their children a survivor’s pension.
How to make bailiffs work?
To be fair, let’s say that the bailiff service should monitor the timely implementation of the court order and delays. The plaintiff should not run around and beat out what is due to children according to the law. But in practice, very often a situation arises when the father is in no hurry to pay, and the bailiffs do not show the necessary zeal. To get out of the deadlock you need to:
obtain a certificate from the bailiffs about the amount of debt;
file a complaint with your superiors so that they can monitor the progress of the case and the effectiveness of their subordinates;
with the issued certificate, file another claim in court for the accrual of a penalty;
the received court decisions are again transferred to the bailiffs.
How to prove the absence of payments?
Many people have difficulty presenting evidence confirming malicious evasion of alimony.
How to prove that the father does not pay child support? The court can be provided with:
certificates from the accounting department from the place of work about the latest transfers;
bank account statements about recent receipts;
certificates from bailiffs about the existence of debt;
video and audio materials where the debtor talks about his unwillingness to pay his bills;
notes and SMS notifications of the same content;
testimony of witnesses confirming the fact of evasion of child support.
It is better not to fight a malicious alimony debtor alone, but to take the help of a competent lawyer. Remember that only in exceptional cases does a judge take the side of negligent fathers. And the reason for this must be extremely respectful.
Valeria Protasova
Reading time: 7 minutes
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In everyday life, men are usually completely busy material well-being family, and, alas, there is very little time left for raising children. It’s not uncommon for dad to come home from work after midnight, and the opportunity to fully communicate with the kids only falls on the weekend. But what if dad has no desire to participate in raising his child at all?
Reasons for removing a husband from raising children
There are many reasons for the father's non-participation in raising children.
Intensifying father's participation in raising a child - 8 cunning moves
Dad should be involved in raising the baby during pregnancy. Then, after the birth of the baby, the mother will not have to complain to her friends about her fatigue, and growl at her husband about his lack of participation in the child’s life.
How to involve dad in this important process?
- It is strictly not recommended to remove dad from his responsibilities immediately after the maternity hospital . Yes, the baby is still too small, and the dad is clumsy. Yes, mom tells everything maternal instinct, but dad doesn’t have it. Yes, he doesn’t know how to wash diapers, and what jar from the shelf is needed to sprinkle talcum powder on the baby’s bottom. But! Dad has a paternal instinct, dad will learn everything if given the opportunity, and dad, although clumsy, is an old enough man not to harm his child.
- Do not demand your husband’s participation in raising the baby in an orderly tone. Involve your husband in this process gently, unobtrusively and with the wisdom and cunning inherent in a woman. “Darling, we have a problem here that only men can solve” or “Darling, help us with this game, we definitely need a 3rd player.” Possibilities - a carriage and a small cart. The main thing is to want.
- Be smarter. Don't try to put yourself above your spouse in the family. This is dad - the head of the family. This means that dad decides which school to go to, what to eat for dinner, and which jacket his son will look most manly in. Give your spouse the opportunity to make his own decisions. There will be no loss from you, and dad will be closer and closer to the child. Axiom: the more a man invests in his child (in every sense), the more he values him. Moreover, no one is stopping you from giving your husband the options for schools, dinners and jackets that you like. Compromise is a great strength.
- Trust your spouse. Let him accidentally rip the Velcro on diapers and make a mess in the kitchen. vegetable puree, sings the “wrong” songs to the child, puts him to bed an hour later and draws not the most correct pictures with him. The main thing is that he participates in the child’s life, and the child enjoys it.
- Praise your spouse often. It is clear that this is his responsibility (like yours), but your kiss on the unshaven cheek and “thank you, darling” are his wings for new successes in communicating with the child. Tell your husband more often - “you are the best” best father in the world."
- Ask your husband for help more often. Don’t put everything on yourself, otherwise you will have to carry it all on yourself later. Initially, involve your husband in the process. He bathes the child - you prepare dinner. He plays with the baby, you clean the apartment. Don’t forget about yourself: a woman still needs time to get herself in order. Constantly come up with urgent things to do (not too long, don’t abuse your spouse’s kindness) in order to leave your husband and child alone as often as possible - “oh, the milk is running out”, “Darling, the bread is out, I’ll run out quickly, at the same time I’ll buy your favorite gingerbread cookies”, “ oh, I urgently need to go to the bathroom,” “I’ll just put on my makeup and come straight to you.”
- Dad stubbornly avoids the upbringing process? Just no hysterics! First, calmly explain how important paternal upbringing is for the development of the child’s character and personality. And then gently and unobtrusively “slip” the child to dad for 5 minutes, 10, or half a day. The longer the father spends with the child, the faster he will understand how difficult it is for you, and the stronger his attachment to the child.
- Get a good one family tradition- go to bed with dad. To daddy's fairy tales and with daddy's kiss. Over time, not only the child, but also the father will not be able to do without this ritual.
The father doesn’t want to raise his children – should we deprive him of parental rights?
Even if you are on the verge of divorce (or have already divorced), deprivation of parental rights is too serious a step to take out of resentment, annoyance, etc. Although or a daughter.
It takes very compelling circumstances to deliberately leave a child without a father. This is his categorical reluctance to participate in raising the child, a destructive lifestyle or a threat to the health/life of the child. Your relationship with your husband does not matter in this case, what matters is your husband’s attitude towards his child.
Before you decide to take such a step, think carefully about your decision, putting aside emotions and ambitions!
In what case can rights be revoked?
According to the RF IC, the grounds are:
- Failure to fulfill parental responsibilities. This formulation includes not only the Pope’s evasion of obligations regarding health, upbringing, education and material support children, but (if, of course, this decision was made).
- Using your family/rights to the detriment of your child. That is, inducing a child to engage in illegal activities (alcohol, cigarettes, begging, etc.), obstructing their studies, etc.
- Child abuse (physical, mental or sexual).
- Father's illness in which communication with the father becomes dangerous for the child (mental illness, drug addiction, chronic alcoholism, etc.).
- Intentional harm to health/life to the child himself or his mother.
Where to file a claim?
- In a classic situation - at the place of registration of the child’s father (in the district court).
- In a situation where the child’s father lives in another country or his place of residence is completely unknown - to the district court at his last place of residence or at the location of his property (if his mother knows it).
- If, along with the deprivation of rights, a claim for alimony is filed - to the district court at your place of registration/residence.
Each case of deprivation of rights is always considered with the participation of the guardianship authorities and the prosecutor.
What will happen to alimony?
Many mothers worry that a claim for deprivation of rights may leave their child without financial support. No need to worry! According to the law, even a father who is released from his birthright is not exempt from paying alimony.
How to prove it?
Even if the ex-spouse regularly sends alimony, he can be deprived of his rights if he does not participate in raising the child. For example, he does not call the child, comes up with excuses not to meet with him, does not participate in his educational life, does not help in treatment, etc.
- every parent should know this!
But mother’s words alone will not be enough. What is the proof of a father's non-participation in a child's life?
First, if the child is already able to speak, An employee from the guardianship authorities will definitely talk to him . Who will ask the child how often dad meets with him, does he call, does he come to school/kindergarten, does he congratulate him on the holidays, etc.
It is not recommended to provide appropriate “instruction” for a child. : if the guardianship authorities suspect something is “off”, then at a minimum, the court will not satisfy the claim.
Evidence you will need to provide along with your claim:
- Document from educational institution(school, kindergarten), that they had never seen dad there.
- Testimony of neighbors (note - about the same thing). These testimony will need to be certified by the HOA board.
- Testimony (a petition for calling them should be attached to the claim) from friends or parents, from fathers/mothers of their child’s friends, etc.
- Any other evidence of all the circumstances that confirm a certain guilt of the father or his absolute non-participation in the life of the child.
Has there been a similar situation in your life, and how did you solve it?
Valeria Protasova
Psychologist with experience practical work in social psychology-pedagogy for more than three years. Psychology is my life, my work, my hobby and way of life. I write what I know about. I believe that human relationships are important in all areas of our lives.
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