How to pay small child support in a legal way?

How to pay small child support? This question is asked by many supporters who do not want to give their former wives a large part of their wages. To pay or not to pay to former spouses and their children is a private matter for everyone. And in the article, we will try only to answer in the most detailed manner the question of whether it is possible to pay alimony less than the amount that the court appointed.

Moral aspect of the problem of alimony

Women often blame former husbands for not keeping their children properly. However, many psychologists, sociologists and lawyers note that most of the women left by the spouse take an unambiguously incorrect position "he must provide us". It should be noted that such parasitic behavior only worsens the situation of children whose fathers, due to various circumstances, can not or do not want to help the former family. Women are always waiting and demanding, while doing nothing for the future child financially: they do not want to change jobs, reduce the costs of entertainment and recreation, etc.

Agreement of the parties

Undoubtedly, the most reasonable way of the agreement on the payment of alimony is the agreement of the parties. The Family Code of the Russian Federation allows similar agreements between former spouses. The peculiarity and advantage of this method is that both parents understand the whole responsibility for the upbringing of joint children. Therefore, they can always agree on reasonable amounts of cash contributions.

A parent who has a child in his or her upbringing may even make concessions to the person who pays alimony if the latter finds himself in a difficult life situation (illness, loss of work, or other temporary difficulties). Paying alimony can be less if the former spouses maintain normal relations between themselves and make mutual concessions.

However, the current realities of our reality are such that paying alimony by agreement of the parties is quite a rare occurrence. There are many reasons: personal dislike, unwillingness to help financially the ex-wife with a minor child, a long absence of stable work, etc. Mutual reproaches are often observed: mothers and children accuse fathers of not helping the child enough, and the alimony fathers, on the contrary, reproach Ex-wives in irrational waste of money. Whatever it was, we will try to answer the question of what to do in order to pay less alimony if we can not peacefully come to an agreement.

Obtaining a Payer for a Disability

Persons with disability I and II groups have the right to reduce alimony through the court. This is due to the fact that they themselves need constant help from strangers, which leads to additional costs.

The Family Code stipulates that the payment of alimony must not restrict or impair the financial position of the parents. Of course, any case can be summed up under the "infringement of the material situation", but in practice the courts rarely agree with such formulations of the plaintiffs. Nevertheless, disability is the rare case when courts reduce or completely cancel alimony payments.

Reduction of official income, or salary "in envelopes"

Getting a disability is a very rare way of lawfully evading child support for the simple reason that not everyone, fortunately, is so ill with health. What should the rest do? How to pay less alimony than it is necessary, if a person is absolutely healthy and is not going to receive a disability?

One of the most common, but illegal ways - getting wages "in envelopes." Today, many enterprises are again "going into the shadows", as in their time in the nineties of the last century, as every day the number of taxes, fees and charges in our country increases. This is also used by many payers: they pay alimony based on official, and not real earnings.

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

The appointment of a fixed sum of money

How to pay a small maintenance, if after the due payments does not remain at all for life? Another way is to ask for a court order for a hard sum of money. This method is often resorted to by parents who raise underage children. They ask the courts to fix a fixed sum of alimony, based on the average wage in the country.

Such a payment can be requested, for example, if the spouse for a long time can not find a job, or he has a non-permanent source of income. This is also possible if the alimony employee has official and regular wages, but after paying the prescribed amounts on the account, he has less than the subsistence minimum. Of course, there is no need to expect a full decline, as by law, a minimum amount is stipulated in our country, 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 of other children

How less to pay alimony in a legal way, if the aliminator has a new family in which another child was born? To do this, the new spouse must file a lawsuit against her husband about the payment of alimony. It is not necessary to be divorced in this case, since the Family Code of our country provides for the payment of alimony even in marriage. To this practice have been resorted to everywhere in recent times. How much can you save on this? According to the law, a wage of 25% of wages is withheld for one child. When a second child appears, this amount increases to 33% for two. Consequently, the former spouse, under such a legal scheme, will not already receive 25% as previously, but only 16%.

This also applies to adopted children. That is, conspiring with a new wife, you can save a significant part of the family budget.

Too high incomes

How to pay less alimony to an ex-wife, if wages, on the contrary, are too high? Let's say a former husband earns about 500 thousand rubles a month. A quarter of this amount will be 125 thousand rubles. Let's agree that with an average payment of child support in the amount of 6-7 thousand rubles, the amount is quite considerable. Yes, and wages around the country about 30 thousand rubles a month. With such indicators, men often have the question that his money is spent not on the child, but on the maintenance of his mother. In this case, you can file a claim, which the court can satisfy and reduce the payment. This is quite legal, since Part 2, Article 81 of the Family Code allows both a reduction in the share of alimony and its increase. In other words, 25% of the income for alimony is only a regulated part. And the court has the right to correct this percentage at its discretion.

With this method of legal reduction of payments it is necessary to know that the wife in court can not prove that all the money is spent exclusively on the child. However, she can present at court all checks and receipts for the payment of toys, children's things, educational circles, etc. In this case, it is unlikely to achieve a reduction in payments.

Child's income at the age of 16 years

How to pay less alimony if the child is already sixteen years old, and he started working independently? To do this, you need to sue the court, indicating a new circumstance. However, he will be satisfied only if the income fully or partially covers the needs of the child. This also extends to the fact that a 16-year-old has an apartment or other property at his disposal, the income of which brings considerable funds to his needs. However, do not forget the nuance that the alimony must have a low income in this case.

The presence of other persons who are dependent on the payer

How to pay small maintenance if the payer has dependents other people, for example, elderly parents? Is it legal to help them financially to the detriment of their own children? Few people know in our country, but alimony is not only to provide minor children, but also to help elderly parents.

If it is proved that the latter constantly need additional financial assistance (illness, helplessness), then the court on quite legitimate grounds can reduce the percentage of payments to the former wife in favor of elderly relatives in the dependent.

Income reduction

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

How to officially pay a small child support in this case? To do this, it is necessary to apply to the court with a corresponding statement of claim, in which it is reasoned to state its position.

How much less to pay alimony if you do not work?

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

Often the father of the child pays the alimony less than it is necessary or does not pay them at all because of absence of constant earnings. However, if the courts make concessions to payers who, in connection with the crisis, there are cases of significant loss of earnings, then they rarely stand on the side of unemployed servicemen.

Former wives of the latter often apply for such a method of calculation as the establishment of payments in a firm monetary amount. They depend on the average wage in the country, and it, at times, is several times higher than the real wage level, for example, in the countryside where the alimony worker lives and works. As a result, the payer falls into serious financial bondage, and his debt grows with a geometric progression. In practice, there were cases when a woman - a lawyer - sued an unemployed ex-husband about 18 million rubles for child support.

How to pay small maintenance to unemployed citizens on legal grounds? For this there is one effective way: to register in the employment center. The minimum amount of the benefit will already be considered a permanent income, on the basis of which it is possible to replace the earlier payment of maintenance payments in a fixed amount of money from the average earnings in the country.

conclusions

Of course, the very theme of reducing payments for child support is very disliked by former wives who receive them. However, let us repeat that alimony is not a dependent pension, calculated for the birth of a child.

The duty to ensure a decent life for a child is entrusted to both parents. Unfortunately, this understanding is not available to 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 their alimony on their own entertainment. In the court practice, even cases were confirmed where money from alimony payments was 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 to reduce payments.