What if a former husband pays small alimony? Alimony with a small official salary

Lawyers, tell me how to make a former husband pay alimony from all types of earnings. Now it began to receive alimony from a police retirement, in the amount of 1/4 in the amount of about 1800 rubles. This is very little! Before that, they received much more when he worked. Now the person went into the shadow. Most likely, you need to contact the service of bailiffs at the place of residence of the debtor, so that they checked if he is registered as an asshole or somewhere else? Tell us, share your experience, I will wait! 🙂

Not to the service of bailiffs, and hire a detective, so that he collected a dossier on his income - and then to the bailiffs with all documents and a lawyer.

Former husband pays small alimony

Unfortunately, there are often situations in life when a former husband refuses to participate in the education of a child, first of all, financially. What to do in such a complex and ambiguous situation? How to behave correctly?

1. Think about the main thing about the children: do not conflict with a former husband in the presence of a child and, moreover, do not tear your own anger on the crude.

If the alimony is small what to do

It often happens that after a divorce, a former husband refuses to pay alimony or paying pennies, stating that he has a very small salary or it is generally unemployed. So what to do if the alimony is less subsistence minimum? First of all, it is necessary to set the size in fixed monetary sum. This can be done in such cases:

But if the parent has a fixed bet of alimony, how to do with inflation? After all, in a few years it will be a completely different amount of payments.

If the alimony is lower than the subsistence minimum

The forces on the child will even have a tired parent, free time can be distinguished even in a tight chart, but where to get additional funds? Especially if the help is to wait now.

Family legislation does not define minimum size Alimony and does not "bind them to the subsistence minimum. Since the alimony is set in the share of parental income (a quarter of income - one child, a third - two children, half - three or more), the size of the alimony payments can be so small as the parent's income is low.

How to be if the alimony is below the subsistence minimum and miss them?

Not always, after a divorce, both parents are conscientious of their duties for the upbringing and maintenance of common minor children. The reasons for such behavior may be different: from banal negligence to serious vital troubles.

However, despite the circumstances, the parents are obliged to educate and provide children until they reach the age of 18 and will not be able to independently earn a living.

How to recount alimony?

Size can be how to enlarge and reduce. In case of changes in the material and (or) family position of one of the spouses, the alimony is recalled by the mutual agreement, or through the court.

If the courts are charged in a fixed size, then such payments are subject to indexation. Each quarter of the Russian regions establish the minimum wage. For example, on a court, it is relying 5,000 rubles a month, today you can buy one set of products on them, after six months, due to inflation, less.

Small alimony

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1500 rubles per month. Very little on a child is missing. What should I do?. For bailiffs for recovery in solid currency. Or immediately contact the court.

Minimum amount of alimony in 2015

From paying alimony to a child, no parent can refuse. Another question is how much he should pay. And here there are many disputes: the mother (as a rule, they are supplied to claims) believe that the money that I agree to pay the Father is negligible.

For fathers, in turn, these amounts are too big, especially if another family has appeared. But both, and others, you need to know how much the court can prescribe.

Husband does not pay alimony. What to do?

"The husband does not pay alimony. What to do? "," Thousands of women around the world are asked by this question. Which only tricks do not come up with dads to save money that intended the child: work on private owners without official registration, are arranged in organizations with minimal wages, registered in employment centers. Mother at this time "plows" on two works to ensure cloudless life, not having no idea that he can receive decent money from the "escaped" husband.

Not every parent boasts worthy and timely content of the child. Often Mothers complain - fathers try to not avoid alimony payments at all, then make them as low as possible, using all possible legitimate and unlawful ways.

What to do mothers in this case? In this article, we will consider in detail what methods (of course, legal) Mother can achieve an increase in alimony to a child if

How to appointed alimony

The amount of payments for the maintenance of the child is determined by one of two ways:

• Judicial - the amount of payments defines the court on the basis of the provisions of the Law (Art. 81 of the RF IC);
• Voluntary - between parents lies in which the size and order of payments is indicated. At the same time, the amount of payments should not be lower than the one that is established by the law (Article 103 of the RF IC).

Alas, aliminal agreements are not too common practice in our country.

The size of the alimony can be appointed by the court ...

• In the form of percent of all types of payer income (25% - per child, 33% - for two children, 50% - on three and more children);
• In the form of a fixed sumIf the payer income is non-permanent. When prescribing a fixed amount of money, the Court takes into account the material situation of the Parties - the payer and the beneficiary of payments, and relies on the marrow records or the subsistence minimum (but this does not mean that the alimony will be equal to the subsistence minimum, depending on the circumstances, they can be appointed in the amount of ½ or ¼ subsistence minimum).

In some cases, the court appoints mixed form of aliminal payments.

For example, according to a court decision, the payer of Danilov V. is obliged to pay 1/4 of the income on the child and 0.5 minimum wages on a former wife, which carries for a joint child under three years.

When are small alimony allowed?

The payer of the alimony can sue and achieve, if he can prove the valid causes of a family or financial nature.

Such respectful reasons that serve the basis for lowering alimony size, may be:

• Changes in the family position of the alimonymail. For example, the birth of a child in a new marriage or the appearance of an elderly, sick dependent (mother or father), or a pregnant wife on the content.
• A disease or injury that caused the disability of an alimony-payer. In this case, the payer of the alimony itself becomes disabled and in need, and can no longer pay alimony in the same amount.
• Entrepreneurship or other independent income a minor childwhich is enough to meet its basic needs.
• The high earnings of the payer of alimony, and as a result - too high, incommensurable child's needs of the child, staging in the form of interest according to the law.
• Too low income Alimepoker. In this case, you can achieve a decrease in payments only if it is possible to prove that the deficiency money It does not depend on the will and capabilities of the alimonymaker. For example, dismissal from work, reluctance to work out or become registered in the CH - no reason to reduce the size of the alimony.

The payer of the alimony is not entitled to reduce the amount of cash payments for the maintenance of the child! Reducing the size of the alimony should occur only in the established procedural order. Incomplete payments are the reason for the education of debt to which will be accrued daily penalty in the amount of 0.1% of the Sumy duty.

What should make a payer of alimony, if the circumstances have developed as described above and has arisen respectful reason to reduce the size of alimony?

You can read more about this in our article.

Judicial practice is known many cases when the size of the alimony really declined at the request of payers, and of course, for good reasons. However, the problem is seen precisely that good reasons for reducing payments are far from all, and some parents are starting illegal actions - fake certificates and income declarations, certificates of illness, transition to "gray" wages, concealment of property and funds from Decaders.

And in this case, the mother has to be initiated trial and seek a fair increase in the size of the alimony.

Why does the Father pay small alimony?

Consider for which reasons the father can reduce the size of the alimony to the minimum, and how to be a mother in each case.

Father - unemployed

If the father lost his job, he may be registered with the employment center, and receive unemployment benefits. In this case, and since its size is small, the alimony will also become small.

Example

The Stakhovsky citizen is registered with the CH and receives a benefit of 1800 rubles for unemployment. The reason for this low payment of payments is low earnings in the former place of work and a long term of the status. For two children, he is obliged to pay alimony in the amount of 1/3 of earnings, which is 600 rubles.

Yes, the amount is kopeck, and it is clearly not enough to keep children. But it will not be possible to achieve an increase in the size of the alimony if the father does not receive any additional income or it is impossible to prove. To require the appointment of alimony in a solid monetary amount - there is also no reason. It is clear that in most cases the father works after all and gets "gray" payment, and unemployment benefits is dispropreciative. But it is difficult to resist this. We'll have to wait until the Father finds official work with a worthy earnings.

If the unemployed father did not register into the employment center, he will not receive unemployment allowance, and the payment of alimony can be discontinued at all. But this does not mean that the termination of the payment of alimony in this case is legal. In the absence of income, the bailiff must calculate the alimony based on average wages in the region of accommodating the payer and collect them even with the unemployed.

Therefore, if you have not yet appealed for alimony, thinking that they still do not get them unemployed - you were mistaken. Rather, give the lawsuit, and the bailiffs will make a calculation and recovery of the amount as appointed by the court - from the benefit if it is unemployed receives it, or from the average Russian or average wage (which is possible even higher than from the minimum official wage).

Father has a little wage

If the alimony is prescribed as percent of earnings, it is quite natural: if the salary is not high, the size of the alimony will also be small.

Salary can not be less than the minimum wage guaranteed by the Government (minimum wage). But employers often use workarounds to reduce the tax burden, for example, take to work by 0.5 bets. Thus, wages can be significantly lower than the minimum wage. And alimony, which are held from such an earnings, will also be small.

As an example, we calculate how many alimony will pay the father if its salary is 1 minimum wage. As of November 1, 2018, Mrots в г. Moscow is increased to $ 18,781 rubles.

After retention from the wages of taxes, the salary will be 16,339 rubles. For the maintenance of children, the Father will have to pay:

1. Per child - 4085 rubles;
2. For two children - 5391 rubles;
3. On three children and more - 8169 rubles.

If the father is employed "on the minimum", but receives a "gray" wage, which is twice or three times above the minimum wage, there will be no deduction from it.

What can you advise mothers in such cases?

Low or non-permanent alimony by voluntary agreement of the parties

Cases are very common when the Father asks Mother not to submit to the alimony to court, but to agree orally or writing, and then pay funds according to this agreement. But if at first agreements are performed, then subsequently the size of the alimony can gradually decrease or completely stop. If parents have not issued a notarized contract, to achieve forced recovery of unpaid amounts - it is very difficult.

What to do mothers in this case?

Appeal to the Court

Deciding on increasing the size of the alimony previously appointed by the court can only court. You need to contact the same court that made initial solution or order.

If the size of the alimony was determined by the Voluntary Parental Agreement, and it is not carried out by the payer, you also need to go to court. Mother may contact the world court both at the place of residence of the payer of alimony and on its own place of residence, if juvenile children live with it.

Mother must prepare a legally competent claim in which all the circumstances of the case (the unscrupulousness of the Father, low paymentsThe lack of funds for the maintenance of the child) and argued the arguments to increase the amount of payments.

How to make up statement of claim On increasing the size of the alimony?

The lawsuit is drawn up according to the rules provided for by Art. 131 -132 Code of Civil Procedure of the Russian Federation. It must have such a structure and contain such information:

1. The name and location of the judicial authority;
2. Fm.o., address of the plaintiff and the defendant;
3. Title of the document: "The statement of claim for increasing the size of the alimony";
4. Presentation of the circumstances of the case:

• when, in what size alimony was appointed,
• when executive production was initiated,
• how were alimony obligations,
• whatever the need to increase the size of the alimony payments - grounds and reference to confirmation documents;

1. Reference to the provisions of the law provided for by the right to ask for an increase in the size of the alimony;
2. Finding to the court;
3. A list of documents attached to the claim;
4. date of compilation and signature.

The statement of claim with remembered to increase the size of the alimony must be supplemented by documents - as we have already mentioned above, the evidence base is crucial.

The main package of documents will include:

• Copies of the claim (by the number of participants in the court proceedings);
• Copies of passports of the parties, the birth certificates (passports) of children who are charged with alimony;
• A copy of the initial decision / order of the court for the recovery of alimony;
• A copy of the parental agreement on the payment of alimony;
• Documents submitted by the bailiff (protocols, debt settlement, certificates of indexation, letters of searching for income, cash savings, debtor property, to check the employer of the debtor, on filing requests to the tax inspectorate).

We also need documents that are confirmed by the information presented in the lawsuits and grounds for increasing alimony, such as ...

• increase the wage of the alimony payer;
• the invariance of the materialization of the payer and the unreasonable failure to comply with the responsibility for the maintenance of the child;
• the emergence of additional income;
• changes in the family position of the payer of alimony (for example, the death of a relative who has been dependent, going to work after the "Decree" of the wife, which was contained by a payer of the alimony, the achievement of the majority of another child, who also contained a payer);
• the need of mother and child in additional funds due to illness, loss of work, the appearance of dependents, other unforeseen circumstances.

It can be:

• letters
• receipts
• medical conclusion about the state of the health of a child or mother, recipes for the purchase of medicines,
• checks and receipts about the purchase of goods for children or payment of services (for example, nanny, nurse, nurse, tutor, massage therapist or rehabitol),
• labor book (with a writeback on the dismissal) or a certificate of salary size,
• other documents confirmed by changes in the material or family position of the payer or the beneficiary of payments, giving the right to ask for an increase in the maintenance of the child.

If you do not know which documents are needed specifically in your case - write to the chat or call the phone number hot line - The lawyer will advise you for free and will help to form a package of documents and create a strong evidential base.

Arbitrage practice

Judicial practice shows that it is quite possible to achieve a change in the size of aliminal payments. But without understanding the right and procedures, it is possible if not to remain with anything, then to spend too much time and forces for the sake of a minor result.

Example

Citizen Anisimov filed a lawsuit to the world court about raising the size of the alimony, which her ex-husband paid for joint juvenile sons. The defendant is the father of children - turned out to be unemployed and consistent with the center of employment. His only official income was a benefit of unemployment in the amount of only 1800 rubles.

Anisimov indicated that the alimony, which she gets in the form of interest from the official income of the father in the amount of about 600 rubles - is not enough to ensure the needs of two teenage children. She was convinced that a former husband leads unofficial business activities.

The court rejected the lawsuit, since there was no reason to increase the size of the alimony - the father paid 1/3 of the only official income, and the provinces of the presence of additional income was not able to submit.

Perhaps the mother should first appeal to the bailiffs with a statement about the search for the additional income of the former husband, and then ask the court about changing the procedure for payment of alimony: instead interest rate - in the form of a fixed amount.

The procedure and the choice of legal position depends on the specific circumstances - the family, the material situation of each parent, sources of income, the number of children in need of additional funds.

Thus, to achieve an increase in the content of the child, the mother needs to be well prepared - both in the organizational plan and in the legal framework - to cooperate with bailiffs and other government agencies, to form a legal position, collect documents, prepare a claim, take part in court sessions.

All this may not be easy, considering that the mother devotes a lot of time to children directly to their upbringing and material support. But the protection of the rights of children and increase monetary content - also important contribution. Therefore, our lawyers are ready to provide you with professional support and relieve part of worries and bureaucratic troubles. Write or call us - we will consult you on the issue of improving alimony for free.

How to pay small alimony? This question is asked by many alimenters who do not want to give former wives most of their wages. Pay or not to pay former spouses and your children - the personal matter of everyone. And in the article we will try only to answer the question in the most detailed as possible about whether the alimony can pay less than the amount that the court appointed.

The moral aspect of the problem of alimony

Women often accuse former husbands in the fact that they do not properly contain their children. However, many psychologists, sociologists and lawyers noted that most of the ladies left by the spouse occupy a definitely incorrect position "He must provide us." It should be noted that such dependent behavior only worsens the situation of children whose fathers due to different circumstances cannot either do not want to help the former family. Women all the time waiting and demanding, with themselves without doing anything for the future child financially: they do not want to change jobs, reduce the cost of entertainment and rest, etc.

Agreement by Party

Undoubtedly, the most reasonable way to pay alimony contract is an agreement of the parties. Family code Russian Federation Allows such agreements between the former spouses. The peculiarity and advantage of this method is that both parents understand all responsibility to educate joint children. Therefore, they can always agree on reasonable amounts of money contributions.

The parent, who has a child who has a child, may even make concessions to the one who pays alimony if the latter fell into a difficult life situation (illness, loss of work, or other temporary difficulties). You can pay alimony, if the former spouses support the normal relationship between themselves and go to mutual concessions.

However, the modern realities of our reality are such that the payment of alimony by agreement of the parties is a rather rare phenomenon. There are a lot of reasons: personal hostility, reluctance is financially helping the former spouse with a minor child, a long lack of stable work, etc. often observed and mutual reproaches: Moms with children accuse the fathers in the fact that they do not help the child, and fathers-alimenters, on the contrary, repay Former wives in an irrational cash spending. Be that as it may, we will try to answer the question of what to do to pay less to alimony if it fails to negotiate peacefully.

Receipt of disability payer

Disabled I and II Groups have the right to reduce alimony through court. This is due to the fact that they themselves need permanent assistance of strangers, which leads to additional costs.

The Family Code says that the payment of alimony should not be shy or infringe on the material position of the parents. Of course, it is possible to bring any case under the "infringement of the material situation", but in practice, the courts rarely agree with such wording the plaintiffs. Nevertheless, the preparation of disability is the rare case when the courts reduce or completely cancel the payments of alimony.

Reducing official income, or salary "in envelopes"

Getting disability is a very rare way of legitimate care from alimony for the simple reason that not everyone, fortunately, so bad health. What to do the rest? How to pay less than an alimony than it is necessary if a person is absolutely healthy and is not going to get disability?

One of the most common, but illegal ways is to obtain wages "in envelopes". Today, many enterprises "go to the shadow again", as at one time in the nineties of the last century, since each day the number of taxes, fees and towers in our country increase. Many payers are used by this: they pay alimony based on official, and not real earnings.

Sometimes the monthly payments are so miserable that they are not even enough for one kilogram of candy to the child. In this situation, women can only sympathize: to oblige a former spouse to pay a fixed amount based on the average wages In the country, in this case it will not work. Former wife, before you have to prove that the real earnings of the spouse is much more official. Only in this case, the court can make concessions and establish payments based on the country's average earnings.

Assignment of a solid monetary amount

How to pay small alimony if after the paid payments does not go to life at all? Another way is to assign in the request. judicial order Firm summary. To this method, those parents who educate minor children are quite often resorted. They ask the courts to appoint a solid cash amount of alimony based on the country's average wage.

Such payment can be requested, for example, if the spouse cannot find a job for a long time, or it has a non-permanent source of income. This is possible in the event that an alimentary wage is official and permanent wages, but after paying the required amounts, he remains less than the subsistence minimum. Of course, it is not worth the full reduction, since according to the law, our country provides a minimum amount, which is 0.1% of the subsistence minimum. His calculation can be both in the region and throughout the country. It depends on the decision of the court, the actions of lawyers and the positions of the parties.

Birth or adoption (adoption) of other children

How less to pay alimony by a legitimate way if the alimer appeared new familyin which another child was born? To do this, the new spouse must submit to the court on his husband also about the payment of alimony. It is not necessary to divorce in this case at all, since the Family Code of our country provides for the payment of alimony even in marriage. This practice began to resort everywhere in lately. How much can you save on this? By law on one child, salary is held in the amount of 25% of wages. When the second child appears, this amount increases to 33% for two. Consequently, the former spouse with such a legitimate scheme will already receive not 25% as before, but only 16%.

It also applies to adopted (adopted) children. That is, entered into a conspiracy with the new wife, you can significantly save a significant part of the family budget.

Too high income

How to pay less than an alimentary wife, if the salary, on the contrary, is too high? Suppose a former husband earn about 500 thousand rubles per month. A quarter from this amount will be 125 thousand rubles. Agree that, with the average payment of alimony in the country in the amount of 6-7 thousand rubles, the amount is quite significant. Yes, and the salary in the country is about 30 thousand rubles per month. With such indicators, men often raise the question that his money is not spent on a child, but on the content of his mother. In this case, you can file a claim that the Court can satisfy and reduce payments. This is quite legal, as part 2, Article 81 of the Family Code admits both a decrease in the share of alimony and its increase. In other words, 25% of income to alimony is only a regulated part. And the court has the right to adjust this percentage at its discretion.

With this method of a legitimate reduction of payments, it is necessary to know that the wife in court will not be able to prove that all the money is spent exclusively for the child. However, she can present all checks and receipts to pay for toys, children's things, educational circles, etc. In this case, the decline in payments is unlikely to succeed.

Child's income to achieve a 16 year old

How to pay less alimony if the child has already been sixteen years old, and he began to work independently? To do this, it is necessary to file a lawsuit in court by specifying a new circumstance. However, it will only be satisfied if the income is fully or partially covers the needs of the child. It also applies to the fact that the sixteen-year-old teenager has an apartment, or other property, which brings significant funds to its needs. However, one should not forget that nuance that the alimer must have low income in this case.

The presence of a payer of other dependent persons

How to pay small alimony if the payer has on dependent on other persons, for example, the elderly parents? Is it legally helping them in financial plan to detriment of their own children? Few people know in our country, but alimony is not only for the provision of minor children, but also to help the elderly parents.

If the fact is proven that the latter constantly need additional financial assistance (illness, helplessness), the court on completely legal grounds can reduce the percentage of ex-wife's payments in favor of the elderly relatives on depending.

Reduced income

As already mentioned, part 2 of Article 81 of the Family Code of the Russian Federation provides for an increase in the percentage of alimony and its decline. Therefore, the share of payments in size 25%, 33% or 50% of earnings is very conditional and depends on the individual decision of the court. If the payer's income has significantly decreased, for example, due to the disease or with a loss of driver's license, this may be the basis for reducing monetary assistance.

How to officially pay small alimony in this case? For this, it is necessary to apply to the court with a relevant lawsuit, in which it is argued to set out its position.

How less to pay alimony if you do not work?

One of the serious problems of our society is non-working aliments. They do not have a permanent source of earnings, therefore, 25% of their income is zero.

Often, Father Chad pays alimony less than labeled or does not pay them at all due to lack of constant earnings. However, if the courts come for concessions to payers who, in connection with the crisis, there are cases of significant loss of earnings, then on the side of the unemployed aliments they get up extremely rarely.

Former wives of the latter often apply for this method of calculation as the establishment of payments in a solid monetary amount. They depend on the average wage in the country, and it sometimes, several times higher than real level wages, for example, in countrysidewhere the alimony lives and worries. As a result, the payer enters serious financial cable, and its duty grows with geometric progress. In practice, there were cases when a woman is a lawyer, he expelled from the unemployed former husband about 18 million rubles for alimony.

How to pay small alimony to non-working citizens on legal grounds? There is one effective method: Stand up in the center of employment. This minimum amount of benefits will already be considered a permanent income, on the basis of which it can be replaced by the previously established payment of alimony in a solid monetary amount from average earnings in the country.

conclusions

Of course, the topic of reducing payments for alimony is very much like the former wives who receive them. However, we will repeat that alimony is not a dependent pension accrued for the birth of a child.

The duty to ensure the decent life of the child is assigned to both parents. Unfortunately, this understanding is not all Russian women. They believe that only the husband must fully satisfy all the financial needs of the child. Some mothers manage to spend a significant part of the alimony to spend their own entertainment. IN judicial practice Even the cases were proven when money from aliminal payments were spent on expensive gifts to new husbands. Such cases only set up former husbands to refuse to pay alimony in full and look for legal ways Reduce payments.

How much is required, time and money to raise a child? After all, on children it is impossible to save.

The forces on the child will even have a tired parent, free time can be distinguished even in a tight chart, but where to get additional funds? Especially if the help is to wait now.

Can an alimony be lower than the subsistence minimum?

Family legislation does not determine the minimum amount of alimony and does not "bind them to the subsistence minimum. Since the alimony is set in the share of parental income (a quarter of income - one child, a third - two children, half - three or more), the size of the alimony payments can be so small as the parent's income is low.

For example, if the father receives salary in the amount of 10,000 rubles (which, by the way, more minimum payment Labor), the child will get 2,500 rubles (which is almost 4 times lower than the subsistence minimum).

Alimony may be lower than the subsistence minimum not only if they are installed in income shares. Looking in advance, I must say that in a fixed amount of money, the alimony can be equal to the subsistence minimum or to be only part of it.

What if the alimony is lower than the subsistence minimum?

Question. How to oblige a husband to pay more alimony On a child? I get 1000 rubles - this amount is catastrophically lacking even for food, not to mention clothes, toys, stationery, entertainment, and sometimes treatment! The organization in which a former husband formally "works" charges alimony from the same formal salary of 4,000 rubles. Naturally, his unofficial is much more. But how to prove it?

Answer. Legislation does not establish the minimum amount of alimony for children. Therefore, if the alimony accrued in the form of a share of earnings is not enough to meet the needs of the child, you can go to court. Depending on the circumstances, the court may increase the size of the alimony or establish the accrual of alimony in the form of a solid summary. However, in accordance with the law, the amount of alimony does not have to be equal to the subsistence minimum on the child - it can be a certain proportion of this minimum.

What is the minimum of alimony?

As mentioned above, the law does not establish the minimum amount of alimony. The court determines the amount of the monthly payment on the maintenance of the child on the basis of the circumstances of the case - the number of children, the material situation of the parents.

As a rule, alimony accumulates in the form of a share of earnings: per child - ¼, for two - ⅓, on three or more - ½ earnings. But it often happens that this amount is not enough to ensure the needs of the child.

To justify that alimony is not enough and present requirements for increasing payment, you can use size of the subsistence minimum.The cost of living is average valuewhich is established in each region of the country and can be taken as a basis for determining the amount necessary to meet the basic needs of the child.

Since the parents have two children, responsibility for its content falls on both. If the size of the alimony is too small, and "does not reach" even half of the required minimum, you can contact the court with a request to revise the order of alimony accrual.

How to increase the size of the alimony to the subsistence minimum?

To achieve an increase in aliminal payments to the size of the subsistence minimum, you must do the following:

1. Enter into or make changes to an alimony agreement

If on this moment There is no longer an alimony agreement between parents - it's the time to fix it. In addition to other provisions relating to the payment of alimony, in the Agreement, you can specify the size of the alimony. For example, equal to the subsistence minimum. In the same way, you can make changes to the existing aliminal agreement. If the amount of alimony was below the subsistence minimum, parents can increase it.

Important! An alimony agreement and a change in an aliminal agreement will be legally binding only in the case of a notarization of the document.

The main requirement for the size of alimony, determined by parents in the Agreement - it should not be lower than the size of the alimony, which could establish the court under the same circumstances. The cost of living is good, but this amount should not become the limit of dreams, if in real circumstances the children are much more.

1. Go to court with a claim for the recovery of alimony, to revise the size of the alimony, to recover the alimony in a solid amount

Again, it all depends on whether there is already judicial decision.

If the alimony has not yet been accumulated through the court, it is necessary to file a claim for recovery. The size of the alimony will be determined by the court depending on such circumstances as the number of children, the level of parental income, the marital status of the parents. But this does not mean that in the claim statement can not specify the desired size of the alimony - equal to the subsistence minimum. Satisfy this requirement or not - will decide the court.

If the court decision on the recovery of alimony has already been accepted, but the size of the alimony does not satisfy the needs of the child, the recipient may submit a new claim to increase the size of the alimony or the recovery of alimony in a fixed amount of money.

Grounds for increasing alimony to subsistence minimum

In the lawsuit, circumstances will be asked for a parent to ask for an increase in alimony or the recovery of alimony into fixed amount. To do this, there must be provided for by the law, proven in court.

For example, the grounds for an increase in alimony can be:

• reduction of the income of the recipient of alimony due to a decrease in wages;
• loss of work by the recipient of alimony (dismissal, reduction);
• the deterioration of the health of the recipient of the alimony, in connection with which more funds are required for their own treatment and less remains for the maintenance of the child;
• the appearance of other dependents at the recipient of the alimony (the birth of children, disability of parents);
• an increase or emergence of new sources of income from the payer of alimony;
• termination of obligations on the material content of other persons (other children, disabled parents, wives).

The grounds for the recovery of alimony in a fixed amount may be:

• the size of the salary payer of the alimony is inconsistent - they can be both large and small;
• the payer of the alimony receives a salary in kind or in foreign currency;
• the payer of alimony does not have official income;
• establish the size of the alimony in the form of a share of earnings is impossible;
• the recovery of alimony in the form of a share of earnings is contrary to the interests of the child.

If initially the alimony was installed in the form of a share of income, then they will also be enlarged as a share. The same applies to the alimony established in the fixed amount - the amount will increase and remain fixed.

How to recover alimony in the amount of the subsistence minimum?

To increase the alimony to the subsistence minimum or to make the recovery of alimony in an equal subsistence minimum of a solid amount, it is necessary to go to court - with a claim with an appropriate requirement. It is possible to file a lawsuit in court at your own place of residence or at the place of residence of the payer of alimony.

Together with the statement of claim for the recovery of alimony in a solid amount, such documents should be submitted:

• receipt of payment of state duty;
• copy of the statement;
• a copy of the marriage certificate or termination of marriage;
• copies of children's birth certificates;
• certificate of family composition;
• certificate of income plaintiff;
• documents indicating the revenues of the defendant (wage certificates, revenue declarations, as well as evidence of informal income);
• documents confirming the validity of the requirements for the solid amount of alimony. For example, counting the cost of the maintenance of the child, checks and receipts.

How to consider alimony from the subsistence minimum?

But there is traced interrelation of the size of the alimony to the size of the subsistence minimum.

The requirement of the law is to fix the alimony payments set in a solid monetary amount in a multiple subsistence minimum. For example, for each child, the court may establish alimony of 0.5 or 1.5 from the subsistence minimum. What does it mean? If at the time of appeal to the court, the alimony was lower than the subsistence minimum, it is impossible to be sure that by the decision of the court they will increase significantly.

The size of the alimony depends only on the decision of the court based on the comprehensive study of the circumstances of the case.

In particular, the marital status of parents is taken into account. For example, if a new family has a new family - a wife, children, then the former wife should not count on alimony in a large size.

Also the court takes into account the financial situation of the payer. In particular, how much cash will remain at his disposal after paying alimony for children. The amount of wages does not always correspond to the amount of two subsistence minima: one - for a child, second - for an adult. Therefore, the court makes a decision that satisfies both sides.

Often, the payer of the alimony represents a certificate of a minimum salary or a declaration with zero income so that on the basis of these documents to get a meager penalty. The plaintiff will need to submit significant evidence that the informal revenues of the defendant are much higher, it means that he has the opportunity to pay great amount on the maintenance of the child.

Indexation of alimony in accordance with the subsistence minimum

Article 117 of the IC RF indicates that alimony subject to annual indexation - increase or decrease depending on the resolution of the subsistence minimum in a particular region or throughout the Russian Federation.

Unfortunately, such situations often occur in life when a former husband refuses to participate in the child's education, primarily financially. What to do in such a complex and ambiguous situation? How to behave correctly?

1. Think about the main thing about the children: do not conflict with a former husband in the presence of a child and, especially, do not tear your own anger on the crude. The baby in any case is not to blame for the fact that you were unable to save the family together with my spouse.

2. If a man refuses to help you, think carefully, and whether you need his help with the price of your own health, exhausted nervous system and broken psyche of a child? Believe me, all in your hands: In the world today there is a huge number of legal and real options for earnings, including on the Internet.

3. Do not allow the main error: do not prohibit the child with the Father, with the exception of very extreme situations. In the end, perhaps, after their regular meetings, the former spouse assumes and starts helping.

4. Your insults and accusations will only exacerbate the situation: Of course, it is difficult to keep yourself and your own emotions in your hands at negotiations with a former husband, but you have to do this. It has long been proven that one of the reasons for the failure of the payment of alimony is the revenge of the ex-wife for permanent quarrels, reproaches in a small earnings, regular humiliation.

5. If you know for sure that your former spouse has no income, for example, a husband is an alcoholic or a drug addict with experience, then in this case it is better to refuse to apply to the court at all.

Former husband pays small alimony

History from life

After the divorce with her husband, Olesya filed a statement to the court with a request to appoint the payment of alimony for the content of 5-year-old sins: she herself worked a lot, but there was enough money only to bring ends with the ends. The court decision was made: now the former spouse Alexey paid 900 rubles every month. Obviously, such money really can only be enough for a trip to the store for fruit or children's underwear.

When conversation with a former husband, it turned out that after the divorce Alexei left the former place of work and settled on Polish to a friend: Naturally, the official certificate of income showed that the salary of the former spouse is meager now, and the court decision was quite fair.

How to get more money from the former husband

Each woman should understand that if the husband pays the minimum amount of alimony or refuses to pay at all, it will be difficult for you to achieve truth. If you still set yourself such a goal, then try to do it exclusively by legal way, without the use of threats and without regular conflicts.

For this, you, first of all, it is necessary to file a claim in court with a request to revise the established amount of payments or the change in the method of payment of alimony.

The second and main step will be the provision of evidence that the former spouse in addition to wages has another income (informal workshop, irregular parting, earnings with the help of the Internet, etc.). And here, let all sorts of ways that will be able to help you solve the problem.

In addition, you can specify in your statement that the established payments violate the interests of the child: he lacks for medicines, for paying school or any sections to buy the necessary things and so on. Obviously, here you should also justify everything.

If a former husband submits a certificate of official wages, in which the amount is less than the subsistence minimum, then do not be afraid to contact tax service To verify the reality of such information.

Do not ignore this advice: try to negotiate with an unradited spouse. Thoroughly prepare for a difficult conversation: Explain why money is missing (only do not argue it with the extensive and unrealistic requirements), imagine certificates, documents, checks from drugs. In addition, you must understand that if the child is already going to the garden, and at the same time you do not work, then the husband may refer to this fact, after which the conversation is unlikely to continue in your favor.

If your former husband officially does not work anywhere, you have another trump card: the spouse has an apartment, a car, jewelry, paintings and other court can simply remove if after an increase in the amount of alimony the husband does not pay anything. Usually the sale covers all expenses.