What should be the amount of alimony if the husband does not officially work? Article 83 of the Family Code of the Russian Federation

Questions on maintenance related to their accruals and payments are tightly controlled by the state. If the father and mother can not independently agree on the amount of the child's allowance , then the court takes the decision on this issue. In considering such cases, many factors are taken into account: the availability of official employment, monthly earnings, the number of underage children in favor of whom payments should be made, etc. And even if the parent does not have a workplace certified in the work book, regularly pay a child support allowance He is indebted. What kind of alimony, if the husband does not officially work, and how can I get them paid, we will consider in this article.

Options for determining the amount of financial assistance

1. By agreement. In the event that one of the parents does not have formal earnings and is aware of the need for monthly payments to be used for the maintenance of children, it is possible to establish the amount of material security by agreement of the parties. To do this, we must first discuss the conditions and fix them in the form of an agreement on maintenance payments. The document should reflect such important points as the data of the person responsible for the payment of the parent, the person in whose favor the deductions will be made, the period of validity of the document when it is planned to transfer funds, the amount of the benefit - this may be a fixed amount or interest from earnings, albeit Informal. After drawing up of such document it is necessary to assure it with the signature and a seal of the notary. Only after that, the agreement will become legal.
2. Through the court. If you can not establish contractual obligations regarding alimony payments to parents among themselves, then you should apply to the court. In this case, the judge will decide, taking into account all the circumstances and determine the amount of the monthly allowance.

How is the amount of alimony deductions calculated for a non-working parent?

According to the current legislation, in the absence of official income, the amount of the child benefit is determined on the basis of the average wage. As of early 2016, this figure was 30,100 rubles. In this case, for small cities, where the income level differs significantly from the larger "brothers", this indicator can also be taken into account. On the amount of alimony, if the husband does not officially work, the number of minor children also affects the number of children. The more dependents, the greater the percentage will be applied to the previously mentioned indicator. Thus, alimony for a child from the unemployed at the current time is appointed at the rate of 25% of the average established average salary, for two children the rate is increased by 10%. If the dependents are three or more people, the amount of payments will be 15,050 rubles (that is, 50%).

If there is a benefit paid by the employment service, on account of which an unemployed citizen can be registered, the indicator of the average wage level is not taken into account. In this case, an amount equal to ¼ of the unemployment benefit is payable (its current size is 5,965 rubles).

Similar calculations and the amount of alimony for the unemployed are used for officially unsettled persons or citizens who knowingly conceal their income level (the fact of which was not proved in court).

Debt and its consequences

In the absence of payments for alimony accruals, a debt accumulates, which sooner or later will have to be paid off. If at the time of payment the parent responsible for the payment of benefits does not have a place of work under the work record book, then the same indicator of the general average wage that will be valid for that period will be applied for the calculation. If the debt for child support is not paid for a long period of time, a person may be involved under Art. 157 of the Criminal Code as a malicious defaulter and appoint a punishment, up to a real imprisonment.

Getting a fixed amount

This option is fixed in Art. 83 SC of the Russian Federation. In this case, the parent with whom the minor children live, goes to court. After consideration of the case, the judge takes a decision taking into account all the circumstances and nuances about the need for monthly payments in the agreed amount, for example, 5,700 rubles. This amount is affected by the subsistence minimum for the child established in the region. If, after some time, the parent who pays alimony finds a job with high income, then to change the amount of alimony it will be necessary to apply again to the court to change the amount of payments, providing proof of the defendant's current earnings.

Receiving of alimony from the amount of income

This scheme can be applied if the parents did not enter into an agreement on maintenance payments, and implies a quarter deduction from the actual earnings of the parent (if it is a question of payments for one child), 1/3 for two children, and half the earnings for three And more children. The amount of alimony, if the husband does not officially work, is calculated depending on the average income in the country.

Procedure for Appealing to the Court and Drawing Up Documents

How to act and which documents should be prepared directly depends on whether the parents were able to agree among themselves. In finding a solution that would suit the mother and father, it is necessary to apply to the court to obtain an appropriate order that attests to the existence of obligations. This is possible only in the absence of any obscure points. After accepting the petition, the judge will make a decision on his own (the processing time can be up to five working days). The information about the alimony payments established by the judge will be sent in writing to the parent, who will be required to deduct the money. In the absence of objections, the order will come into force in ten days. To receive the document confirming the necessity of payment of alimony, the claimant can, having addressed in court after this time. If the defendant does not agree with the decision of the judge, then it should be done in writing and submit the paper within 10 days.

When the dialogue between the parties is impossible, then you should go to the court of general jurisdiction at the place where you register your parents and file a suit about the need to collect financial assistance for children. As a rule, only in this way it is possible to collect alimony from a non-working father.

How to make a statement to the court?

In this appeal, the following information should be recorded:

• The data of the court instance to which the plaintiff refers (name, address data, etc.);
• Information about the person who wants to recover, and the person from whom the recovery is made;
• Information on regulatory documents, according to which the fact of violation of the defendant is determined;
• Circumstances that are the basis for claims of the recoverer;
• The amount of alimony payments (if it is a fixed amount) or the calculation of the amount of alimony.

Documents to be attached to the application

In addition, the following list of documents is required:

• Originals and copies of documents evidencing the conclusion of marriage and its dissolution;
• Originals and copies of documents on the birth of children in favor of which it is necessary to pay alimony;
• A document confirming the defendant's income level, or a certificate of absence of official employment;
• An extract from the house book or housing bodies, which reflects the fact of which parent the children live with.

Also, the plaintiff may be accompanied by other certificates, certificates and documents that will be useful in recovering alimony from an unemployed parent.

After the decision is taken by the court, the measures specified in the resolution must be implemented by the court, failure of which can also serve as an occasion for a repeated application to the court.

Conclusion

So how and how much should an alimony pay an unemployed father to their children? In the event that he does not provide any official information about his salary, financial assistance to children can be appointed in accordance with a fixed rate, under art. 83 SK of the Russian Federation, or in a percentage ratio. The mother, most often with her children live, has the right to choose in which form will alimony be paid (if the father does not work officially), and also demand payment of material security and on it (if she is on maternity leave or on leave on Care of the child). In the first case, the subsistence minimum for the child is taken into account. The parent with whom the children reside can apply to the magistrate's court for recovery of material support from the second parent in an amount up to 50% of the amount established in the region. The amount of alimony, if the husband does not officially work, will be calculated depending on the average income of citizens in the respective region.