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Alimony: types, size and features of collection. Family Code of the Russian Federation, 2018 Alimony payments

To protect the rights of children, as well as the parents who support them, the Family Code Russian Federation mechanisms for the collection, calculation and implementation of alimony payments are envisaged. The payment of alimony is carried out for the maintenance of:

  • Disabled adult children.
  • Minor children in respect of whom one or both of the parents do not fulfill their obligations to provide.

Each of the parents is obliged to participate in the process of maintaining the child, all costs are divided equally between the parents. These rules apply not only in cases where the child's parents were or are in an official marriage, but also when the marriage was not registered with the registry office and was civil. In this case, the procedure for establishing the paternity of the child, which can be carried out in judicial procedure or voluntarily.

The procedure for paying child support

The order in which the alimony payments will be made depends on the type of document on the basis of which the funds are transferred:

  • Notarized certified alimony agreement.
  • A court order for the payment of alimony.
  • Court decision and issued on its basis performance list on the recovery of alimony.

Alimony agreement

Most in a simple way The solution to the issue of alimony for children is the conclusion of an alimony agreement by the parents (voluntary procedure). In this case, the expression of the will of both parties is certified by a notary, who makes sure that the terms of the agreement do not violate the interests and rights of the child or one of the parents, and the amount and forms of payment of alimony made it possible to financially provide the minor in full.

Parents can establish in the agreement a quarterly, monthly payment of alimony, transfer of funds to the child every six months or a year, a one-time payment that will cover the needs of the child until he reaches the age of majority.

The payer can pay, by agreement, alimony both in cash and non-cash, by transferring funds to current accounts or bank cards... The child's father or mother can transfer, by agreement, in order to repay the alimony obligations, their movable or immovable property (for example, an apartment, a house), and also regularly provide the child with food, clothing, school supplies, and sports equipment.

If the alimony payer refuses to comply with the terms of the agreement in voluntarily, then the recipient has the right to apply to a notary with an application for receiving a notarial inscription on the alimony agreement.

After that, the contract becomes binding and on the basis of its service bailiffs may open enforcement proceedings.

The procedure for the payment of alimony under a court order and a writ of execution

The basis for the opening of enforcement proceedings by the bailiff service may be the following documents, which must be presented to the recipient of the alimony:

  • Performance list.
  • Court order.
  • Notarial inscription.

After establishing the whereabouts of the payer of the alimony, the bailiff sends to the address of the debtor a resolution to open proceedings, offering to pay alimony on a voluntary basis. If this does not happen, then the bailiff's order is sent to the payer's place of work. At the same time, bailiffs begin to check the sources of income of the debtor, as well as movable and real estate in his property (the same procedure is carried out in cases where the debtor is an individual entrepreneur or does not officially work).

After receiving the order bailiff the management and accounting of the employing organization are obliged, in accordance with article 109 of the Family Code of the Russian Federation, to independently carry out deductions from the debtor's earnings. Why accounting when calculating wages independently calculates the amount to be deducted, withholds it and sends it in non-cash form to the recipient's bank account or to the company's cash desk in cash. The costs of transferring money through the bank are borne by the alimony payer.

Alimony for children is withheld from all types of earnings of a person, the list of which is fixed by the Decree of the Government of the Russian Federation dated July 18, 1996 No. 842 "List of types of wages and other income from which alimony for minor children can be withheld":

  • Salary or income from a share of the proceeds.
  • Payroll for employees law enforcement or the military.
  • Prizes.
  • Overtime pay.
  • Vacation.
  • Severance pay upon dismissal.
  • Material help.

Limitation of deductions from earnings of 50%, established by article 139 Labor Code Of the Russian Federation, does not apply when making deductions to minor children, the amount of deductions from the salary of an alimony payer can reach 70%.


 However, if the payer must simultaneously support several children from different marriages, then by general rule payments for children are determined in shares of income for each child: one third of earnings for two children or half of earnings for three or more children. Thus, the transferred amount of alimony is evenly distributed among children from different marriages, but the law prohibits requiring the payment of more than 50% of the payer's earnings for all children he has.

If alimony is withheld in firm monetary terms, then the company's accounting department is obliged to regularly index it when the value changes. living wage on minor child in a specific region. The increase in the amount of alimony payments is approved by the order of the head of the enterprise, which must indicate the reasons for the changes made, the amount of indexations with reference to a specific government decree with indicators of the living wage. Only after the issuance of such an act does the accounting department have the right to make deductions in an increased amount.

An independent increase in the amount of deductions by the employer is possible only in cases where the amount to be recovered is less than 25,000 rubles. If they are more, then only the service of bailiffs-executors and the magistrate court (district) are endowed with the right to index alimony amounts. Therefore, in such cases, in order to carry out indexation, the recipient of alimony will need to personally contact the state authorities.

Payment terms and forfeit

Alimony is paid from the moment the decision on their appointment is made and until the child reaches the age of majority. For the employer of the debtor, the term for the transfer of alimony should not exceed three days from the date of calculation of the salary. For violation of these requirements, the guilty employees of the accounting department can be brought to administrative or criminal liability, and for each day of delay in the fulfillment of alimony obligations, a penalty in the amount of 0.5% of the unpaid amount is charged on the resulting debt.

Frequency of payments

If payments are made on the basis of a writ of execution or a court order, then they must be made monthly, even if the company has a different wage regime. If the deductions are carried out on the basis of an alimony agreement, then there are no restrictions on the frequency.

To ensure further collection of alimony, the organization, upon dismissal of the payer, must perform the following actions:

  • Notify the bailiff service at the place of residence of the recipient of the alimony and the place of his registration of the fact of the payer's dismissal.
  • Provide data, if any, about the debtor's new place of work and residence.
  • Send the bailiff a writ of execution completed in accordance with the form.

The following data must be entered in the writ of execution:

  • The amount of deductions from the payer's earnings.
  • The period of time during which the payments were transferred.
  • The amount of the alimony debt.
  • The amount of unpaid indexation.

From the dismissed employee, the accounting department withholds alimony from the following amounts:

  • Salary for the time actually worked by the payer.
  • Severance pay.
  • Compensation for leave unused by an employee during working periods.

All amounts are paid to the dismissed employee on the last working day, no later than three days after that, the necessary alimony transfers must be made to the recipient. Calculation of alimony must be carried out from amounts in which the payment of personal income tax has already been taken into account.

These actions are extremely important for the employing enterprise, since their incorrect implementation can entail serious sanctions, both in relation to the enterprise itself and its employees: administrative penalty, which can be imposed by bailiffs on a specific employee, reaches 10,000 rubles.

Therefore, it is in the interest legal entity provide as complete, detailed information as possible, fully consistent with reality. For providing information about the payer and the transfer of a writ of execution personal responsibility is borne by the head of the enterprise, and for the correctness of the accruals made from earnings and for the procedure for filling out the writ of execution - the accounting staff.

In the code of practice federal law regulating family relations, there is separate section dedicated to alimony obligations. Alimony, the practical definition of which is to establish obligations for the maintenance of the category of incapacitated or disabled persons, are a kind of guarantee from the state, they protect the rights of a certain category of citizens.

The main section, which is most often referred to, is devoted to the payment of alimony to underage children. Wherein separate categories citizens do not even realize that the duty of maintenance arises not only for minor children.

Legislative regulation

This term denotes a system of legislatively established state measures designed to ensure the normal functioning of the institution and elements family relations... The state is interested in the development of the family, since this system is the fundamental unit of society. Governing body countries took legal act, in which he established a legislative definition and procedure for ensuring the fulfillment of duties imposed on a certain category of citizens, according to the content of another category of citizens, or rather relatives who are not able to support themselves.

Who pays child support and in what cases?

The Family Code specifically defines the circle of persons who are charged with the obligation to pay maintenance payments. Such persons are able-bodied, adult citizens who are in kinship with the recipient of alimony. By court decision and if available certain conditions alimony payments must be made by former foster children and foster children to their caregivers and parents (we recommend reading :).

Alimony payers are often:

To whom are they paid?

The basis for the payment of alimony payments is the dependent's incapacity for work or his incapacity. The legislator has provided for the regulation of such relations in case of pregnancy of the former spouse with a joint child, as well as other persons specified in the law, if the one in whose favor the alimony is paid is in need due to the circumstances.

Persons who are entitled to receive content as intended by the legislator:

  • minor children;
  • parents;
  • spouse, pregnant wife or spouse raising a joint child up to 3 years old;
  • brothers and sisters who do not receive support from their parents;
  • grandchildren who do not receive child support from their parents;
  • grandparents;
  • actual educators with proper long-term education for more than 5 years;
  • stepfather and stepmother.

The amount of alimony for the maintenance of children, their minimum and maximum

Number of paid Money the content is determined by the legislator. One child must pay 25% of their income, two children are entitled to 33%, three or more - 50%. In exceptional cases, the court may decide to transfer up to 70% of the debtor's income for maintenance. If the children are in different families, this amount is divided proportionally for each child.

The amount of maintenance payments can also be set by the parents themselves in a notarized agreement or in court. Having examined the property status of each party, the court can reduce or increase the amount of payments, establish them separately or simultaneously in a fixed amount or in percentage. All disagreements are resolved by the court, which proceeds from a reasonable balance of the rights of all parties involved.

Accrual methods

The obligation to pay maintenance payments arises from the moment of the conclusion of the agreement or from the date of entry into legal force court decisions. Alimony is charged in any case. If the payer evades payment, executive document is transferred to the bailiff service, where his debt is calculated based on the average salary in the country (for more details in the article:). In this case, in order to reduce the debt, the spouse who is obliged to pay must, along with other documents, submit to the bailiffs certificates from work for each month of delay or documents on the status of an unemployed.

Alimony payment options

There are several options for paying child support. You can agree on a voluntary basis or go to court if you cannot resolve the conflict.

Voluntarily

  • transfer of funds without a notarial agreement, by oral agreement of both parties and without documentary confirmation;
  • to one or more spouses raising children, to the account specified in the notarial agreement in predetermined proportions;
  • cash transfer with documentary evidence;
  • through the deposit account of the bailiff service, if the executive document is a notarized agreement.

By the tribunal's decision

What types of income are they paid from?

The categories of income from which the alimony is withheld are established by a long list in the decree of the Government of the Russian Federation under number 841 of 07/18/1996 in latest edition from 2015.

On the basis of this resolution, an incomplete list of payments is provided, from which, if certain conditions are met, alimony can be withheld:

Payment rules and procedure

Alimony payments can be made to the current account of the spouse raising the child. If a notarial agreement was concluded, you must indicate the full details of this bank account in the text of the document. If the possibilities bank transfer no, the money is handed over personally, on receipt. Other payments transferred or transferred without documentary confirmation or without agreement are not considered alimony and are not taken into account when resolving the issue of debt.

Court-ordered payments are made in various ways. Since in cases where there is a court decision, the situation is a priori conflicting, payments are controlled by the bailiff service. When establishing a fixed amount of money, the debtor may personally or with the help of bailiffs monthly transfer the amount determined by the court to the recoverer.

If the payment is made by deduction from income, the bailiff sends the appropriate resolution to the employer's organization, which indicates the method of transferring funds:

  • directly to the claimant;
  • through the FSSP deposit account.

How to properly sue child support?

The procedure and rules for considering the alimony case have some peculiarities. In order to be eligible to receive maintenance payments, it is necessary to reliably confirm the circumstances on the basis of which such an obligation will be imposed on the debtor. If it comes about alimony for children, the fact of the birth of a child, the establishment of paternity or motherhood is confirmed.

Standard documents when going to court are a statement of claim, a copy of a passport, an act civil status... Additionally, the package of documents includes certificates from the place of residence and work of the plaintiff, other documents confirming the property status, need, disability. Documents should be submitted to the competent court at the place of registration and residence of the child. In this case, you need to pay the state fee.

The process of considering a case in court can be different. If there are disputes between the parties, the court makes a decision on each having a conflict on the appointment of alimony. In the absence of a dispute about paternity and other issues about the amount of payments, an order proceeding takes place.

A court order is a full-fledged decision of the court, which does not indicate the circumstances established by the court on the merits, but makes a specific decision in favor of the plaintiff. The court order is sent by registered mail to the debtor and if he has not filed a claim within ten days from the date of receipt of the letter, the document comes into force. It can be canceled if it is proved that it has not been received and restored. procedural terms appeal.

The procedure for their collection

Having received a writ of execution or court order on the recovery of alimony, which has entered into force, it is necessary to present it to the bailiff service at the place of residence or registration of the debtor. Together with the court order, it is necessary to submit an application for collection, in which to specify in detail information about the debtor, including known places of work, contact information. The bailiff will send a notice on the initiation of enforcement proceedings, after which the debtor is obliged to appear as soon as possible, give an explanation, submit Required documents.

Further decisions are made by the bailiff. He can foreclose on funds from income or direct the debtor to the employment center to find work. All information for the parties to the enforcement proceedings is open and free to receive. The claimant has the right to know about the financial situation of the debtor and to submit petitions and applications, which are considered procedurally.

What happens if the alimony is not paid?

Failure to pay alimony payments is evasion of maintaining your child. If a document received by a court decision is on compulsory execution, non-payment of alimony leads to an increase in debt, which is calculated as if the payer receives the average wage in Russia. Currently, bailiffs take into account the established average wage of about 51 thousand rubles. Thus, the debt for one evading child support will grow by ten thousand rubles a month.

In addition to increasing the alimony arrears, the bailiff can take measures to regional and federal wanted the debtor, if his whereabouts are unknown. If the alimony debtor is hiding and is on the wanted list for more than 1 year, the family has the right to pay pensions for the loss of the breadwinner, since the debtor is recognized as a missing person.

It should be understood that the costs incurred by the state in the payment of pensions will be recovered when the location of the debtor is established. And the debtor will have problems with the use of the documents he has, as well as with the registration of new ones.

A malicious defaulter of alimony may be prosecuted administrative responsibility under Art. 17.14 KRF about the accident, and if the bailiff showed him any legal requirements, also under Art. 5.35 CRF on AP for failure to fulfill the obligation to maintain a minor child. After drawing up the protocol under Art. 5.35 of the CRF on the AP, the continuation of evasion from paying alimony leads to the initiation of a criminal case under Art. 157 of the Criminal Code of the Russian Federation.

In addition to all of the above, all compulsory measures provided for by the law on enforcement proceedings... Such measures, in particular, may be the arrest of bank accounts, property at the place of residence or registration, restrictions on leaving the Russian Federation, in special rights, for registration actions Vehicle or real estate. Thus, the bailiff has a large arsenal of measures that can induce the debtor to legally fulfill his obligations for alimony.

Greetings to all site visitors!
With you a regular author - Andrey Koshkar. The topic of the article was prompted by your messages with requests to explain what changed the new law on alimony in 2019. Mechanisms for paying pay for children in the state are gradually being rebuilt. How to protect the interests of the child? What new rights did he have? This will be discussed today.

Child support new law 2019 - myth or reality?

There is no single normative act in the state that would regulate the issues of financial support for children. The Constitution and the Family Code are the main points of reference when considering claims, drawing up settlement agreements on payments in favor of minors. According to the authorities, it makes no sense to create a separate law on alimony in Russia: domestic regulations are sufficient to protect the interests of the younger generation. On the other hand, there is a need for a new law. A single act would set a kind of state standard for payments, their accrual, the responsibility of unscrupulous alimony workers. There is no such document, because the phrase "changes in the law on alimony" means all legal innovations in this direction.

Is it legal to transfer property rights to a child?

The system of collecting funds in favor of children in the Russian Federation is being rebuilt. The amount of alimony under the law depends on the option of paying the allowance. The parent can voluntarily undertake the obligation to support the child and sign an agreement, or the state through the court force him to help the minor. The payment of alimony according to the law is carried out according to one of 4 schemes:

  • from the parent's income, 25% is deducted for one child, 33% for two, 50% for three or more;
  • from minimum size wages are calculated in the same percentage;
  • the reference point is kept at the child's subsistence minimum (PM);
  • the alimony gives the son or daughter the rights to immovable, valuable property.

In order for the court to appoint alimony payments based on the child's PM, evidence is needed: with other calculation schemes, the interests of the minor will suffer. New law does not abolish the alimony for a child fixed by the PM and leaves the subsistence level (“poverty line”) as an indicator for calculating payments. You can apply for child support for a child's subsistence allowance when the child support parent has no regular income. For such cases, another way is provided: full or partial transfer of property rights in favor of the alimony recipient.

Rumors and speculation are not regulations!

Information that the government will soon adopt a law on non-payment of alimony has become a source of incorrect conclusions. Internet resources are full of sensational comments from "experts" in the style:

  • alimony will become the same;
  • fines for alimony were replaced by a ban on traveling abroad;
  • access to housing alimony is open to all children.

Alimony for a child is allowed by law to be paid on a shared, fixed or mixed option. At the state level, it was considered that payments were 15 thousand rubles per one minor monthly. The initiative was not supported. If the new law on alimony comes into force and the state revises the level of the alimony "minimum wage", the latter will be equated to the child's PM. A fine and a ban on traveling abroad - two different shapes punishment. The court determines the degree of the alimony's guilt. The alimony law permits one or more measures to be taken against such a parent. A total replacement for all debtors of one punishment with another is not provided! With regard to housing alimony: this form of support is intended for children who need housing. Such alimony will be charged additionally, separately from the main alimony payments.

Law on alimony: where are the screws tightened?

There will be no radical revision of the Family Code in order to solve the problem of the growth of alimony debts. The state chose a different path: to change separate provisions v regulations and toughen the responsibility of the alimony workers. The law on alimony debtors "tightens the screws" in several areas at once. Non-payers of taxes, bank loans, alimony were in the same position. The state began to apply to them:

  • deprivation of driving license;
  • a ban on leaving the territory of the country;
  • obstacles in the issuance of passports and other documents;
  • forced debt repayment at the expense of the property of offenders.

The law on the recovery of alimony also sets limits on punishment for alimony, when coercive measures can only worsen the situation. If the parent officially works as a driver, he will not be deprived of the right to drive the vehicle for alimony debts over 10 thousand rubles, because the punishment will prevent the payment of the debt.

Close relatives will join the ranks of alimony payers!

The alimony law is one of the central topics of the latest news. If the tightening of measures against non-paying parents does not bring significant results, the state, according to experts' forecasts, will continue to "tighten the screws." When the alimony dies and the debts are not paid off, the alimony law transfers financial obligations to the heirs of the deceased. The same procedure applies to outstanding bank loans, debts to pay for housing and communal services. It is mandatory for heirs by will and those who took possession of the property of the deceased by a court decision. The new alimony law will significantly change the rights of children whose parents are alive and do not support their offspring. The authorities came up with an initiative: to oblige close relatives (including grandparents) to financially help the alimony recipients. Such a norm has not yet been documented, but proposals for expanding the circle of alimony holders are under development.

How many years do you need to help a child?

The law on alimony after 18 years has not changed. The age bracket, the conditions for its lowering-raising remain the same. For disabled children, as in previous years, the period of alimony payments is determined taking into account the level of health, working capacity, and the degree of need. The new alimony law includes other options for raising the age bracket. The coming of age does not guarantee that a son or daughter will be able to support themselves. How long does the new law oblige to pay child support if the child turns 18 and is studying? All students are not eligible for parental support. Each legal claimant for payments will have to defend their interests in court (if the parent does not help voluntarily). The Child Support Act will allow the age of alimony recipients to be raised to 24 years if 3 conditions are met:

  • the applicant for financial support is a full-time student;
  • he has no work experience and no official place of work;
  • an adult needs support - his funds are not enough to meet basic needs.

When delivering a verdict, the courts will take into account the presence of all these points. If changes in regulations go according to a tough scenario and the law on alimony increases the circle of payers, a full-time student will be able to demand financial support not only from his father and mother.

Will the alimony law in Russia stop running in a vicious circle?

Legal practice confirms an interesting pattern: the more severe the punishment of debtors is, the faster the ranks of the latter grow. The reason for the phenomenon is economic problems, financial instability, the lack of constant income for the alimony workers, and legal nihilism. If the state forces close relatives of the child support recipient (with the exception of the father and mother) to send financial support to the child, this will bring 2 results:

  • the level of protection of the rights and quality of life of children will increase;
  • will appear a new group alimony debtors - with all the ensuing consequences.

To stop running in a vicious circle, the state has already endowed bailiffs - employees of special departments of the FSSP RF - with a number of powers. The Law on Enforcement Proceedings allows the recovery of alimony using strict coercive measures... The bailiffs have the right to seize the property of the debtor parent or prohibit such a Russian from leaving the territory of the state. Experts believe that the new law on alimony will bring positive changes. What real results will follow from the adoption of regulations? Show only life.

The implementation of the new presidential program and methods for collecting alimony from debtors should improve the quality of payments from alimony debtors in 2016-2017. In 2015, a tightening was introduced regarding non-payers of alimony, but this did not contribute to a large increase in the number of decent payers. Very often, the reason for this is the slowness of the second parent, who does not apply for child support. You must understand, in 99% of cases, the court rules in favor of the recipient of the alimony, do not postpone it and start collecting documents, because the alimony court and the collection process itself will take some time. At the beginning of 2016, an increase in the number of non-payers of alimony was noticed, perhaps this was due to the crisis in the country, however, no one canceled the law and restrictions up to criminal liability may be applied to non-payers of alimony. Below we will tell you what new restrictions will apply to non-payers of alimony under the new law that is current in 2016-2017.

Main changes under the new law on alimony in 2016 - 2017.

  • An increase in the minimum alimony payment to 15 thousand rubles (tied to the minimum wage).
  • Deprivation of a driver's license for alimony debtors whose debt exceeds more than 10,000 rubles.
  • If the child is a student, then the period for the payment of alimony increases from 18 to 23 years.
  • Placing these defaulters in public places (airports, train stations, crossings).

In 2015 The State Duma more precisely specified such a concept as - "malicious defaulter", now the courts can apply it without the possibility of evading responsibility by the guilty person. If the reason for the evasion of the payment of alimony is not the presence of dependents or disability, then the offender faces criminal liability.

The amount of alimony for the unemployed in 2016 - 2017.

Based on the new regulation issued in 2016, the amount of alimony increased up to about 8,000 rubles. The amount of alimony for an unemployed husband or wife is calculated using the formula: 1/4 or 1/3 or 1/2 of the average monthly wage. Today the average salary is approximately 32,000 rubles. Thus, the amount of alimony for an unemployed or hiding parent can vary from 8,000 rubles to 15,000 rubles. A more precise amount is established by the court and its size may depend on the average salary in your region.

Until 2017 (at least) old rules for calculating the calculation of alimony, according to which, if the parents did not enter into an agreement on payment, the following shares of the income of the parent who does not voluntarily support him are charged in favor of the child:

  • for an only child - a quarter;
  • by two - a third;
  • three or more - half.

What are the necessary documents for alimony in 2016 - 2017 to calculate the amount of alimony?

The changes made to the law on alimony did not affect the package of documents required for filing a lawsuit against the debtor. Here you can familiarize yourself with the list of documents for filing for alimony. If you do not find among our articles information that solves your problem with alimony, we recommend that you contact our lawyers for free advice.

Video: New law on deprivation of driver's license for non-payment of alimony

Video: Entrepreneurs will pay alimony under the new scheme

Video: ALIMENTS for children, answers to DIFFICULT situations related to ALIMENTS

Very often, questions come to the lawyer on alimony with the clarification of the following issues:

  • Is it possible to file for alimony if my husband and I do not live together but is officially married?
  • What is the amount of alimony individual entrepreneurs?
  • How to find out how much a husband earns in order to make him pay alimony?
  • What is the elapsed time frame for collecting alimony?
  • How to collect alimony if the husband does not have a residence permit or does not live at the place of residence?
  • How to prove that the spouse has underestimated wages so that they pay less for alimony?
  • Why do they not accept documents for alimony if I made everything correctly?
  • How to write a statement if you lived in a civil marriage?

If in your situation there is one of these questions, do not waste time, but rather consult with our lawyer for family law, and possibly ask for help. The help of a lawyer in such situations is not just a quick solution to the issue, but can also increase the amount of alimony, since you may not always be able to take into account all the details of the new alimony law.

New state innovation in maintenance alimony with relevance until 2025.

According to the new concept of the law on alimony, adopted back in 2014, the state should exclude the possibility that children will be left without alimony at all if one of the parents maliciously avoids paying alimony. The concept is calculated until 2025, and the peak of the development of draft laws and their implementation should come in 2016-2017. One of the solutions proposed by the deputy group on social issues, is the creation of an alimony fund in the image of the existing Pension Fund. The essence of this organization is in the accumulation of payments and government subsidies, which will be further distributed among persons who do not receive child support 2016 from statutory payers. But while it is still under approval and development.

Introduced by the deputy

The State Duma

V.S. Zolochevsky

the federal law

About making changes to Family code

Russian Federation

Article 1.

Introduce the following changes into the Family Code of the Russian Federation (Collected Legislation of the Russian Federation, 1996, No. 1, Art. 16; 2008, No. 27, Art. 3124):

1) supplement paragraph 2 of Article 83 with the words “but cannot be less than fifteen thousand rubles for each child”;

2) supplement with Article 84 1 as follows:

“Article 84 1. Governmental support minor children in case of non-payment of alimony

  1. In the event of non-payment or incomplete payment of alimony to minor children by their parents, guardian (curator) or their adoptive parents, the state undertakes to pay the amount specified in the agreement on the payment of alimony, but not more than specified in paragraph 2 of Article 83 of this Code.
  2. In the absence of an agreement on the payment of alimony, the state undertakes to pay the amount specified in paragraph 2 of Article 83 of this Code.
  3. In case of payment of alimony or their partial payment by the state, the person obliged to pay alimony is obliged to return the amount paid to federal budget in accordance with article 115 of this Code. ”.

Article 2.

The president

Russian Federation

Question: Elena K. Moscow
We have been married with my husband for about a year. The child should soon be one year old. My husband left us 4 months ago. I want to file for divorce. He does not officially work anywhere, although a wealthy person does not have official income. He does not want to help with money, so I want to apply for alimony. How will he pay alimony after the divorce, in what amount can the court appoint?
Lawyer's answer: Vladimir M.
Dear Elena!
The amount of alimony will depend on your claim and will be awarded by the court. If you file a claim for a share of earnings, then your husband will be withheld 1/4 of any income for 1 child, including, for example, unemployment benefits (if the husband does not work).
If the parent does not receive unemployment benefits and is not officially employed, it is advisable to file a claim with the requirement to pay alimony in a fixed amount. This amount is initially determined in the statement of claim by you independently, but in court you will have to somehow justify it.
The final amount of alimony can be determined only by a judge, taking into account all the circumstances of your situation (the financial situation of the parties, the needs of the child, etc.).