Often, women living in an official or unregistered marriage have problems when she wants to part with a man.
He does not want to help a woman, to support her own minor children.
The article addresses the question of how to make a man do this.
If a person is indicated as a father in the paternity column, he is obliged to pay, for this it is not even necessary to terminate the marriage.
Step one
Try to talk with him about the voluntary payment of alimony, concluding an alimony agreement, which must be certified by a notary. It must specify the size and method of transferring money, the duration of the agreement and the reasons for its termination. There is no need to be afraid that it will not be enforced; you can turn to the bailiff for its enforcement.
If the defendant is unable to make cash payments due to a serious illness, loss of work, you need to find out when he will solve his problems and begin to pay the resulting debt for alimony.
Second step
If a man fundamentally does not want to pay alimony due to selfishness and irresponsibility, rejects all your proposals for their voluntary payment, then you will have to go to court to institute non-payment of alimony.
Order proceedings can be simplified (the judge considers the case individually) without calling the parties. This will happen when the judge knows the place of work and the income of the father. The mother of the child is issued a court order to recover alimony from the defendant.
The lawsuit involves a summon of the plaintiff, defendant to consider the circumstances of the case. This is necessary if it is necessary to collect alimony debts or determine how the amount is calculated (share of income, fixed amount). Most women prefer to receive shares of income: 25% ─ one child, 33% ─ two children, 50% ─ three or more children.
If the plaintiff did not pay alimony for a long time, as a result of which a large debt was formed, then deduction from wages can be up to 70%. The limitation period for the payment of alimony is 3 years, it is during this period that the amount of money will be accrued.
Third step
After the court ruling, the husband continues not to pay child support. This can happen if he is a private entrepreneur or does not have a permanent job and his income is difficult to track.
Bailiffs will help to track the income of the defendant. Contact them, the basis for this is the court ordering to recover money from the defendant (court order) or a notarized agreement with the father of the child on the voluntary payment of money.
Bailiff Responsibilities:
• Establish an unofficial source of income.
• Identify bank accounts.
• Describe the property of the debtor.
If the ex-husband does not pay child support, how to recover them from an unemployed man
The family code of the Russian Federation (Art. 80) states that parents must pay child support regardless of employment status.
If the husband is unemployed, is on the labor exchange and receives benefits, then the amount of alimony is determined by agreement of the parties or by court order. Since the benefit is small, child support payments will be negligible.
If he does not have official unemployed status, alimony is calculated on the basis of average earnings in the region of residence or in the Russian Federation. The amount of debt will accumulate, which will allow you to recover it from the property of the debtor.
If the defendant is not officially employed, but has temporary earnings, he can voluntarily pay child support to the plaintiff. In case of refusal to do this, the bailiff must check the cash transactions, obtain evidence of income and in the course of the trial establish the monetary amount of payments.
What to do - if the ex-husband does not pay child support, the powers of the bailiff
On the basis of an executive court order, the bailiff starts a case to recover child support from the debtor. He must:
• Call the debtor to clarify the circumstances of the case, collect documents.
• Establish the debtor's place of work and send a request there for a salary, make a request to identify the debtor's property (traffic police and BTI).
• Demand from the accounting department at the debtor's place of work, the transfer of alimony within 3 days after the payroll.
• Go to the place of residence of the debtor, find out his financial situation and seize the property within the limits of the debt.
• Block the defendant’s funds in his bank account.
• Prohibit the debtor from traveling outside the country.
If bailiffs poorly perform their duties, their action can be appealed to a higher authority or prosecutor.
Punishment for failure to pay child support
The law provides for tough actions in relation to the malicious payer of alimony, hiding his income:
• Deprivation of a driver’s license (the norm is valid from 01/15/2016). The decision is made by the bailiff without going to court.
• Punishment in the form of 100 minimum wages if the bailiff finds out that the debtor is hiding his income.
• Payment of penalties for each day of delay in payment due to the fault of the debtor.
Responsibility provided for by the Criminal Code of the Russian Federation for repeated evasion by the respondent of payment of alimony
If your husband does not pay alimony for more than four months, hides from bailiffs, has a big debt, withholds his income, he can be held liable for non-payment of alimony.
The following types of punishments are provided for in the Criminal Code of the Russian Federation:
• One year of corrective labor conditionally with the performance of labor duties at the place of work, without the right to dismiss (the consent of the penal service is needed). Unemployed persons are forbidden to refuse to work offered by the employment service.
• Public works for a period of 120-180 hours are educational in nature and are not paid. They include cleaning the territory, mopping, caring for trees.
• Arrest up to three months.
• Limitation of freedom for up to 1 year.
The initiator of criminal prosecution is a bailiff at the initiative of the plaintiff or on his own. The bailiff should prepare material on malicious evasion of alimony and send it to the prosecutor's office or internal affairs bodies, then the case will be submitted to court.
Many men believe that living with a woman in a civil marriage will save them from paying child support.
If you do not pay child support, what to do. How to make their civil husband pay
An important point in establishing the paternity of a child is good if the common-law husband voluntarily agrees to recognize him. You need to apply with a joint application to the registry office in order to include the father's last name in the birth certificate of the child, and then the collection of alimony takes place in the general manner.
If you refuse to recognize paternity of a child, you need to go to court to start the procedure for establishing paternity.
The statement of claim must indicate the date of residence with the man and the date of birth of the child. Indisputable evidence is a genetic examination, which will determine 99% whether a given man is the father of the child, but if the defendant refuses to do so, the court will examine indirect evidence.
Such evidence may be joint housekeeping, letters where the man acknowledges his paternity, money transfers, videos, photographs, testimonies of friends and neighbors.
If the court makes a decision on recognition of paternity, then this decision must be addressed to the registry office so that they make a note in the birth certificate about the father of the child. Cash payments will be charged only from the moment the court recognizes the paternity of the defendant.
The Family Code and the legislation of the Russian Federation have a wide range of tools for protecting the rights of the child, which allow collecting child support. The main thing is to know them and skillfully use them in protecting your legal rights.
