Everyone knows that for a happy childhood a child needs parental love and care. But besides this, a child can not do without clothes, shoes, toys, medicines, books and many other important things. In order for the child to have everything necessary, provided that the family has split up and the parents have divorced, the departed parent is obliged to pay alimony to the child. As you know, alimony is paid from the wages of one of the parents. But in fact very many work without registration, officially not receiving any income. How to ensure the payment of maintenance on the child in this case? The legislative acts of both Russia and Ukraine provide for the possibility in this case of recovery of alimony in a firm monetary amount.
The Family Codes of Russia (Article 83) and Ukraine (Article 184) state that alimony may be alimony in a fixed amount in the following cases:
- the payer does not have a permanent income;
- the payer of alimony has a part of the income in kind;
- The payer's income varies or depends on the season.
How do I apply for fixed alimony?
In order to demand alimony in hard cash, you should apply to the court, without forgetting to attach the following documents to the statement of claim:
- a copy of the birth certificate of the child and the divorce (if the parents are officially divorced);
- copies of the application (on the number of parties) on the recovery of alimony;
- documents on the amount of the claimant's and defendant's income;
- documents on the joint residence of the child with the plaintiff;
- documents on the amount of necessary maintenance of the child.
To initiate the payment of alimony in a fixed amount of money can both the beneficiary of alimony and their payer. The court may order the payment of alimony for children under the age of 18, simultaneously in a fixed amount of money and in part from wages.
It should be remembered that only knowing about the incomes of the former spouse, in order to obtain from him alimony in the desired amount is not enough, the court will need proofs - officially certified documents. It also makes sense to require the appointment of fixed alimony when the former spouse has a profession that implies a systematic irregular income - athlete, artist, actor, etc.
The amount of alimony in a firm amount
The fixed amount of alimony is determined in relation to the subsistence level for the child and is subject to indexation - recalculation taking into account inflation. When determining the amount of alimony, the court takes into account the marital status and the material possibilities of all parties, both the payer and the beneficiary of alimony, and proceeds from the maximization of maintaining the previous level of security for the child. If the children remain as a result of the divorce of the parents with each of the spouses, the court will recover the alimony in favor of the parent with a lower income in a fixed amount.
In Ukraine, the amount of alimony can not be less than 30% of the amount of the subsistence minimum established for a child of the corresponding age (Article 182 of the Family Code of Ukraine). IN 2013
When the payer of alimony does not work and, accordingly, can not pay the maintenance on the child, then it does not free him from payment of maintenance. Alimony at this time accumulate and they are formed debt, which he will be obliged to pay off after receiving income. If he does not want to do this, the alimony recipient has the right to file an application to seize his property.