How to get alimony from the unemployed

A common opinion is the fact of payment of alimony by one spouse to another for the material security of a minor child. However, the concept of alimony is much broader. Similar payments are possible for both parents and the former spouse, even a spouse who is legally married can file an application for alimony with the legal spouse, if otherwise it is not possible to receive money to raise a child.

Nevertheless, the most common type of alimony paid by the father who is divorced from the mother of the child. The officially accepted purpose of alimony is to ensure the optimal conditions for the existence of a child who has not reached adulthood and resides separately. According to Article 80 of the Family Code of the Russian Federation, alimony is appointed in order to meet the child's physical, spiritual and moral needs.

If it was not possible to reach a peace agreement with regard to the size and terms of the payment of money for the maintenance of the child, as well as in the case of the refusal of the parent from his obligations for material support, the settlement of the issue of payments takes place in court.

Not only wages, but any other income of the parent is subject to accounting when calculating the amount of payment for the child. Legislation also provides for alimony from an unemployed parent. Moreover, the amount of alimony in this case can vary significantly. We will analyze the situation with the unrecognized officially unemployed parent. The amount of alimony from the unemployed is calculated on the basis of the average monthly wage established in Russia. This is stated in Article 113 of the Family Code of the Russian Federation.

The official recognition of the parent by the unemployed and the registration of the employment in the employment center serves as the basis for calculating the alimony from the funds paid as unemployment benefits. It is important to notify the bailiff's service about the incident within 3 days after the loss of work.

The former spouses to whom the court has determined the obligation to pay alimony, it is more advantageous to be registered either as an official unemployed or working at a minimum rate, since alimony from an unemployed person who is in an unofficial status will be assigned on the basis of a quarter of the average monthly salary Region.

There is a slightly different situation in the case when the court has not yet ruled, and the respondent parent is recognized as non-working. Alimony from an unemployed is determined by the court in the form of a solid amount of payments every month, taking into account all the nuances of the position of the parents. This is regulated by Article 83 of the Family Code of the Russian Federation. Alimony from the unemployed in this case can be reduced if the court finds the respondent's arguments sound and convincing.

With regard to the terms of payment of alimony, their violation, in the presence of a signed agreement on alimony, leads to the accrual of a legal penalty of one-tenth of the total amount of debt for each additional day of delay. Malicious evasion of payment of alimony entails criminal liability.

There are situations when alimony from an unemployed is rather difficult in view of the parent's avoidance of fulfilling his duty to the child and the failure to enforce a court decision. In this case, it is envisaged that the non-payer of alimony will be held accountable under the Criminal Code of the Russian Federation.

Even if the parent is deprived of his rights, he is not relieved of the responsibility for the maintenance and material support of his child. This rule is spelled out in Article 70 of the Family Code of the Russian Federation.