It is easiest if the maintenance payer is employed and has a permanent place of work. In this case, a writ of execution, or notarized agreement on maintenance payment, is sent directly to the employer. Then the accounts Department of the employer monthly contributes to the recipient of child support from wages and other income of maintenance payer. Contributions are made within three days from the day of payment of wages or other money. No further action from the payer of the alimony in this case is not required. However, you must remember that when changing the place of work or place of residence of the maintenance payer is obliged within three days to report it, as bailiff, by conducting the enforcement proceedings and the person receiving alimony. You need to tell us about the emergence of the payer of the alimony of additional earnings or other income, if alimony will be paid to minor children.
In other cases, the child support payable by the payer independently. Cash, you can transfer funds, both in cash and in cashless form. When transferring non-cash funds in the column "purpose of payment" of the payment document must specify for what month alimony and lists the surname, name, patronymic of the person for which they are listed.
Cash child support shall be paid only to the person authorised to receive and receipt. The receipt must indicate for what month the person received alimony and surname, name, patronymic of the person to whom they are intended. Such receipts shall be obtained regardless of how good the relationship between the recipient and the payer of the alimony at the moment, because in the future the relationship can deteriorate, and the payer may face a real problem of proof of payment of alimony.
Alimony must be paid within strict deadlines. Otherwise, there is a debt on their payment, which is punishable by sanctions. If there is an agreement on the payment of alimony apply the sanctions provided for in this agreement. If alimony was court-appointed, they pay a penalty of 110 percent of the amount of unpaid alimony for each day of delay. In addition, the recipient of alimony, in the event of a debt, it is possible to address in court with the claim about collecting with overdue payer for all damages caused by untimely payment of the alimony.
However, the payer of alimony has not only duties but also rights. Payer-the parent who is convicted of or suspects the person receiving the child support, that money spent on other, not connected with the child, the goal, has the right to go to court. In a judicial order should be required to establish a procedure for the payment of alimony, in which up to 50% to be paid alimony amounts will be credited directly to the child's account in the Bank.
Advice 2 : How to pay child support if you are working unofficially
A huge number of men in our country to avoid paying child support in all possible ways. One of them is a deliberate job-search with informal earnings. But there are people who are ready to bear responsibility and pay, by contrast, is more in terms of "black salaries". Lawyers are advised to do so by the official scheme.
You will need
- - The conclusion of an agreement on the payment of alimony by a notary
- Banking details of the account which will be credited to cash
Initially, convince the spouse that the option of voluntary transfer of child support the best. Sometimes, mutual hostility of the parents of the child reaches such an extent that it is difficult to hold civilized negotiations.
Visit the notary for signing of the agreement on the payment of alimony. This practice exists already and has been enshrined in the Family Code, so a sample of this specialist is available.
Determine the amount of alimony to be specified in the agreement. The figure, of course, cannot be lower than the child's parent would have received in court. Standard numerals in the court decision – one quarter of earnings for one child, one third for two and half of earnings for three or more. To determine the amount in the agreement, there are a few rules. This can be revenue share, firm size or even the provision of property.
Specify the frequency of transferring the amount. It's not regulated. The parties can determine independently whether the amount to be paid, for example, once a month or once a quarter.
Select the option of receiving alimony. Cash can be sent directly to the recipient. You can pay by postal order or Bank card. Child support you pay even with food, clothes, medicines. There are cases when the father transmits to the child an apartment, a house or a car. Property valuation in this case shall be made by agreement of the parties
When calculating cash be sure to take a receipt. When sending mail, Bank transfer and keep all documents for at least 3 years. Sometimes they may be required as proof of payment of alimony.
The notary is not entitled to demand the provision of documents confirming the income of the parents. In the situation when the amount in the agreement are too low and violate the interests of the child, subsequently one of the parents may sue. Such an agreement would then be void. The recipient can always go to court if the money received is faulty, with delays of a valid reason. The agreement on alimony payments the counterpart of the writ. And if in the case of court order alimony amount cannot be more than 50% of the earnings of the defendant, in the presence of an agreement is permissible. All the rules of the agreement on payment of alimony, are used not only when the victim is a minor. The situation is applicable and for the maintenance of a spouse or parent.
If the child has reached 14 years of age he can sign such a document. Sometimes in agreement and consider the question of inflation. In connection with the financial situation in the country, some set the amount of foreign currency. Of course, you can pay her in rubles. Usually you take the exchange rate of the Central Bank of Russia. Well, if the amount in the agreement is small, and the years go by, the recipient may apply to the court to increase it. The amount should not be less than the minimum wage. The agreement may be terminated by voluntary agreement of the parties at any time. And if financial or family circumstances of one of the parties has changed, it is possible to terminate it in court. For example, there are situations when the earnings of the payer becomes significantly lower earnings in order to pay.