Recovery of alimony. What do I need to know about?
According to statistics, since the second halfthe last century, the number of divorces per year in Russia often exceeds the figure of 140 thousand. But divorce, as it sometimes happens, is not the biggest problem. Dissolution of marriage and recovery of alimony from one of the spouses go hand in hand. Therefore, you need to know about this as much as possible.
Alimony is the amount of money that,according to the court's decision, must pay after the divorce one of the spouses to another - to whom the minor child (or several children) remained. That is, if the family disintegrates already when the children are 18 years old, the recovery of alimony is a matter that can not be considered.
It should be noted that the money is intendedchildren, and not the parent with whom they stayed. In addition, an adult able-bodied child will be obliged to make payments to his disabled father and mother.
Recovery of alimony in court
In general, to provide financial support to their children afterdivorce can and voluntarily. In this case, recovery of alimony can be stipulated in a personal conversation. However, in the event that one of the spouses refuses from his direct duty, this issue can and should be decided through the court. What should I know? Here are a few important points:
- one of the spouses, and also some members of the family (persons listed in the Family Code) have the right to apply for the recovery of alimony;
- the court considers all the circumstances (within a month from the date of submission of the application) and on their basis makes a decision;
- for one child,equal to a quarter of the defendant's income. For two-thirds, three or more-half. At the same time, not only the direct earnings of the payer, but also other incomes, are taken into account;
- in the event that the defendant's income is less than the claimant, the court may decide the case in favor of the former, or appoint a share much smaller than that required in ordinary situations;
- there is such that the plaintiff or the defendant (or even both at once) are underage. In such situations, legal representatives of the spouses are obliged to participate in the legal proceedings;
- the recovery of alimony does not have a statute of limitations. That is, it can take as long as desired from the moment of divorce to the appeal of one of the spouses to the court (of course, this must happen before the children become adults);
- Alimony is intended for persons who have not reached the age of 18. However, the law provides for payments for adults who are not able-bodied;
- costs related to the conduct of the case, as well as payment of the state duty are entirely assigned to the defendant's shoulders. The plaintiff does not pay anything;
- if the plaintiff tried to settle the issue of recovery of the items by peaceful means, and the defendant evaded payment, after applying to the court it is possible to request an amount for the previous three years;
- in the event that you do not know the whereabouts of the defendant (and this information must be entered in the application), the document should indicate the last known address where he lived.