How to get child support for 2011

Children are our future. Every child should have everything that is necessary for a normal existence. That is why the payment of alimony is provided. According to Article 80 of the Criminal Code of the Russian Federation, each of the parents is obliged to support their minor children. The alimony means a certain amount that one of the parents who does not take part in his upbringing should pay for the maintenance of the child. Most often, alimony is paid for when the parents are divorced, while they have underage children who live with one of the parties (more often with the mother). Also, the law provides for the appointment of payment and during the marriage.

Alimony for the child in 2011 are made in accordance with the standard scheme. The legislation of the Russian Federation provides for two ways of collecting alimony. The first involves drawing up an agreement on the payment of alimony between the parents of the child. To avoid a lengthy lawsuit, parents can voluntarily agree among themselves on the amount of alimony, and the monthly payment (according to art. 103 of the Criminal Code of the Russian Federation) should not be less than the following: one child - one quarter of earnings, two children - one third and For three children - half the monthly earnings. Under this agreement, not only the amount, but the time and method of payment is established. It should be noted that the agreement is valid only after it is certified by a notary.

If both spouses could not come to a common decision on their own, then they will have to go to court with a claim for alimony. This is a more complex process that can drag on for an indefinite period of time. Most of all, the process that requires the establishment of paternity and alimony in this case can be appointed only after the results of the examination become known. The first thing that needs to be done is to write the statement of claim itself , in which the plaintiff's data (the one who submits) and the defendant (from which to be recovered) will be clearly spelled out, the circumstances by which the plaintiff is guided when submitting the application. The court will only consider a correctly written statement, therefore, it is best to apply to a lawyer for its drafting. The statement of claim must be prepared in three copies: two of them will be surrendered, and the third will remain with the plaintiff.

After the application is submitted to the court, it remains only to wait for the judge to appoint a court session. Pay attention to the fact that child support for 2011 Can be appointed regardless of the period that has elapsed since the right to receive alimony. Payment of alimony begins on the day when the application was submitted to the court. In some cases, the payment may be recovered for the previous period of time, but not more than three years. Those. If the statement of claim was filed with the court on September 1, 2011, child support may be paid, as ordered by the court, on September 1, 2008. Most often, such a payment is appointed in cases when the person requiring the alimony took all sorts of measures to recover the funds from another person, but did not receive the necessary funds due to the payer's refusal.

According to Article 81 of the Criminal Code of the Russian Federation, child support for 2011 may have the following dimensions: one child - a fourth of the payer's earnings, two children - one third of earnings, three or more children - half of the payer's earnings. There are cases when the court decides on the payment of completely different amounts. For example, the defendant has no official income, but at the same time has rich property and cash. Also, child support for 2011 may be more than the established size, if the defendant for a long time shied away from paying alimony.

This is not all that you need to know about paying alimony. There are many more nuances to which you should pay attention before writing an agreement or filing a statement of claim in court.