From what moment are child support payments made: the law, features and recommendations

Since when do you pay child support? In what sizes will it be necessary to make payments? These questions are of interest to many parents. Especially those who are at the stage of divorce. Aliment obligations are a rather serious topic, which brings a lot of trouble to parents. Some people have no idea at what time they are charging child support. And in general, when you can count on them, not to mention the size of payments. We will talk about all the features of these payments further. In fact, everything is not as difficult as it seems. It is enough to know the laws that are in force in Russia today.

Alimony is ...

The first step is to understand what kind of payment is involved. As practice shows, some citizens have no idea what alimony is. Awareness of this term will help to understand why such pecuniary penalties are necessary. Alimony means financial means or other material benefits that are assigned to the maintenance of family members. Usually, there are wives in need of elderly parents, as well as minor children. It is the latter situation that will have to be considered in more detail.

When are they appointed?

Since when do you charge child support? To begin with, it is worth examining in which situations in principle such payments take place. After all, they are not always paid. So, alimony is appointed, as a rule, in case of divorce, when one of the parents stops caring for a minor child. And does not fulfill its obligations for its content.

Also, in recent years in Russia, alimony is appointed in marriage. But only on the application of one of the parents. Then the second spouse will be assigned an amount, which he monthly will have to allocate for the maintenance of the minor. In practice, the spouses apply to the court in order to establish monetary payments in accordance with the current legislation. But you can conclude a settlement agreement on payment. This option is not so common in real life, but it does.

With the agreement

Since when do you pay child support? Situations can be different. Depending on them, the payment start date will change. For starters, it is best to consider an amicable agreement. This is a situation in which citizens do not go to court. As a rule, the payment of money for the maintenance of the child begins from the date of the transaction. And it should continue until the age of the baby. Or, if it is spelled out in the contract, until the conditions for termination of payments are met. There is nothing difficult in this. Since when do you pay child support? On the day of the conclusion of an amicable agreement between the parents. You need to know about this. After all only then it will be possible to understand, whether the Russian legislation is not broken. It is not so difficult to understand the norms as it seems.

When applying to the court

But this is only the first situation. It, as has already been said, is not so often the case in practice. In most cases, alimony is appointed through the court. Therefore, many are interested in precisely such variants of the development of events.

Since when do you pay child support? The law (the Family Code of the Russian Federation) indicates that payments should be appointed / accrued from the moment of submission of the statement of claim of one of the parties. That is not after the issuance of this or that judicial opinion. This rule is the rule fixed by the legislation of the Russian Federation. It is regulated by Article 107 of the Family Code of Russia. Therefore, it should be borne in mind that the first day of alimony is the period when one of the spouses filed the application of the established pattern for the purpose of payments.

Promised for three years waiting

But that's not all. Since when do you get child support? The law in Russia allows you to take into account an earlier date than going to court. Usually such situations arise when there was an oral agreement between the parents, but the payer does not fulfill his obligations. How then to act?

According to the established norms, by law the citizen-plaintiff has the right to collect from the defaulter the alimony for 3 years, which preceded the moment of applying to the judicial bodies. In fact, at that moment, alimony is assigned. But to pay these will be inclined after the appropriate decision by the court. However, there is one nuance. The plaintiff must prove unsuccessful attempts to collect alimony from the defaulter in pre-trial order. To date, this is not such a problem.

Limitation of actions

Now it is clear, from what time are alimony accrued. Is there a so-called statute of limitations for this requirement? Many are interested in this particular nuance. Maybe if you do not pay for a long time, then the payments are canceled? Not at all. The thing is that parents can not be released from alimony until the child's majority. The spouse with whom the baby lives has the right to apply to the court at any time with an appropriate suit. There are no restrictions in this area.

It should be noted that to collect money from a defaulter will still be. There is no legal limitation as such. Therefore, in any case, you will have to pay. Either the full amount of the debt, or the debt for the last 3 years + designated additional charges, if they occur.

Oral agreement

Since when do you pay child support? This question is already known in the legal interpretation. But in real life there are often other situations. Which ones? Sometimes the assignment of alimony can be verbally agreed. That is, citizens themselves decide between themselves when and in what amounts to transfer funds for the maintenance of a minor.

This method is an extremely unreliable step. He quite often entails going to court with a lawsuit about the lawful recovery of money for a child. After all, most often with oral agreement, the parent-payer evades his obligations. And we have to obtain legal money forcibly.

How much to pay?

These are not all the features that are fraught with alimony. From when do they get paid? Either from the day of the conclusion of the contract, or they will be appointed on the day of appeal to the court with the corresponding suit. This needs to be taken into account by all parents. But how much to pay? This question also worries many. Reply to it clearly will not work. After alimony is assigned in different sizes, taking into account a separate situation. Pay attention to the average earnings of the payer, his well-being, even the region of residence plays a role. Sometimes the court takes into account the minimum wage.

Alimony can be collected either in a hard cash amount or in a percentage. The number of children also plays a role. On average, if we talk about fixed payments, in Russia alimony is about 5-7 thousand rubles. But the interest will be the following: for one child - 25% of the profit, for 2 children - 33%, if the minor 3 or more - 50%. Specific amounts, as already mentioned, are assigned on an individual basis.

The absence of work is not the basis for avoiding legal obligations. Then the payments will be collected taking into account the minimum wage and all the benefits that a citizen receives. For example, unemployment benefits. Therefore, in some cases, in order not to pay alimony normally, people do not have official work. And they pay at a minimum - about 2,000 rubles a month. Now it is clear from when the child support is calculated, and in what quantities. Actually, it is not so difficult to understand everything as it seems.