Alimony on children, if the father does not work. How can I collect money from an unemployed person?

Often the second parent refuses to pay alimony, motivating it with a lack of earnings. Often, lawyers are asked whether this is lawful and what can be done to get money to support the child.

Should a non-working child pay child support?

Let's start with the fundamental question. To clarify the situation, it is necessary to look into the Judicial Code of the Russian Federation. Article 80 clearly states that parents must support their minor children regardless of their financial situation. The level of income does not affect the performance of this duty. Consequently, alimony for children, if the father does not work, must be paid. Regardless of whether a person is employed or not, he must transfer funds for the maintenance of his child.

Types of the unemployed

Collecting child support for children is not the most elementary procedure. Here everything is not so simple. The methods of calculation and amount will depend on the status of the unemployed. It will also affect how easy or difficult it is to collect alimony. Not to have a permanent salary can be for various reasons, and this will be taken into account in court. Let's start with "simple" cases.

• If the citizen is registered in the employment center, he has the official status of an unemployed person and receives a corresponding allowance.

In this case, it is believed that a person has a constant income, because He receives social assistance. With the benefit paid by the state, the agreed amount will be withheld as alimony. The amount of social assistance is usually small. Accordingly, the amount for the maintenance of children will be scanty. This will continue until formal employment.

• A citizen often changes his place of work.

With each employment in the workplace will be sent to the writ of execution. In the accounting department, corresponding deductions will be made. At a time when a person does not work, the debt for alimony will be accumulated, which will be paid out upon employment. If at that moment a citizen takes up an unemployment account, the money is withheld from the allowance.

• A person retired by age and does not work anywhere else, his income level exceeds the subsistence minimum.

Alimony will be deducted from the monthly money received if it is recognized as able-bodied.

• A citizen receives a disability pension, is disabled.

Alimony for children, if the father does not work for this reason, to collect will be problematic. At first glance, everything is simple and practically not different from the previous point. If the pension exceeds the cost of living, then there should be no problems. If it is much lower, the plaintiff will have to sweat to prove in court that the child needs this money. It is not ruled out that the State will pay alimony. Or the minimum amount will be sought from the defendant.

• The earnings are of a periodic or seasonal nature.

As a rule, in this case a decision is made to track income. Based on the received data, the amount of alimony and the frequency of payments will be established.

• A citizen does not have a permanent source of income, he is not employed and is not registered in social services, he does not receive unemployment benefits.

Usually in this case, unscrupulous parents claim that they have nothing to pay alimony. And this is a rather difficult case, because To recover debts due to lack of income is problematic. However, the law firmly states that the parent must support the child. Therefore, the following mechanism is applied: the amount of alimony is calculated from the average wage in Russia. To pay a person should for 1 child - 25%, 2 - 33%, 3 or more - 50%. Or, the court will require a monthly transfer of a certain amount. While the parent does not get settled for work, the debt will accumulate. If payments are not received, the bailiffs may arrest the property.

• A citizen has an unofficial income.

In this case, you need to prove this. Then they will first deal with illegal entrepreneurial activity and concealment of incomes, and then they will also collect a debt on alimony.

Methods of calculating alimony

Often you can hear the opinion that it would be convenient if the alimony for children, if the father does not work, made any standard amount, for example, 2000 rubles. But such a system would not take into account all the nuances listed above. And it could hardly satisfy the interests of both the plaintiff and the defendant in full. Therefore, the decision on the amount of payments is taken in court.

There are two ways of calculating alimony: the share ratio and in a firm monetary amount. They are equally applicable to both working and non-resident citizens. It is worthwhile to consider each of them in more detail and find out their positive and negative sides.

Share ratio

The most common and understandable way for most people to calculate. The parent must deduct a certain percentage of his income for the child's maintenance, regardless of their availability, size, etc. The following is generally accepted: for 1 child, the citizen must pay ¼ of income, 2 children - 1/3, 3 or more ½ . Alimony for children, if the father does not work, are calculated on the basis of the average wage. For example, if it is equal to 30,000 rubles, then 7,500 rubles will be added to 1 child, 2 to 10,000 to 2, and 3 to 15,000 to 3,000. In some cases, it is possible to reduce or increase the size of shares (the minimum is 1/6 of earnings), but the need for such changes must be proved in a court.

Pros: a fairly clear method of charging. Until a citizen finds a job, he accumulates a debt that will be paid out of his salary. If he does not, then at the expense of property. In the outback this method is especially beneficial, because The amount of alimony is often equal to a small salary.

Cons: as soon as the parent becomes unemployed, the amount of alimony will be calculated based on the amount of the allowance. Sotspomosch, as a rule, barely covers the cost of living.

A firm amount

The essence of these payments is that the parent must transfer a certain amount every month. Its size is determined by the court. Alimony is indexed quarterly depending on changes in the subsistence minimum. Consider the sample. Alimony for a child is paid in a fixed amount of money. A citizen is required to pay, for example, 5000 rubles per month. For example, if the living wage for children was 10,000 rubles, and then it was equated to 11,000 rubles, then the alimony will also be indexed by a factor of 1.1 and will amount to 5,500.

Pros : regardless of income level, the same amount should be transferred. If a person will receive benefits, alimony will not decrease.

Cons : if a citizen settles for a high-paying job, the amount for keeping the child will remain the same.

Payment Methods

The money should be listed in a convenient way for both parties. The most common are:

• cash;
• Bank transfer;
• Transfer to the card or account.

Up to what age are alimony paid

The next question is: "How much support is paid for the child?" The parent is required to support his minor children. Consequently, when the child reaches 18 years, all obligations are terminated. The opinion that alimony must be paid, if the child is studying at a university, is mistaken.

There are a number of exceptions. So, payment of alimony can end earlier if the child is declared legally capable before reaching the age of 18. The reason for this can be the conclusion of marriage or the beginning of work.

Alimony is paid longer if the child has a disability, and his income is below the subsistence minimum.

Consequences of non-payment of alimony

If the second parent does not pay alimony voluntarily, then you need to apply to court bailiffs. They will collect them forcibly. The law provides for the following actions:

• The seizure of property with subsequent sale by auction.
• Freezing of bank accounts.
• Retention of a share in the division of property as a result of divorce proceedings.
• The ban on going abroad before the full payment of debt.
• Appointment of forfeit.
• Corrective labor for up to a year.
• Deprivation of liberty for a short time.
  

The last 2 points are rarely used in practice. They are applied to malicious deviators.

Conclusion

The parent must pay alimony for an underage child. It does not depend on whether it works or not. If the calculation is not voluntary, then it is necessary to file a statement of claim. Alimony for the child will be forcibly collected.