Advice 1: Can a man file for child support

Women are often served for child support. Thus, they are trying to protect not only their rights but also the rights of the child. However, few people know that man also has the right to file a lawsuit for child support.
Can a man file for child support
A man can file for child support, regardless stay in the marriage, if he is raising a child alone. If the child is disabled, which requires expensive treatment, according to the Family code of the Russian Federation (article 86), his father may apply to court to recover additional funds. The amount and order of payment determines the decision of the court, having regard to the provisions of the parties (financial and family). The amount of the monthly payment is calculated in accordance with the Family code of the Russian Federation (article 81): monthly payments equity ratio for one child - 25%, 33% - in two (16.5% each) and 50% for three or more. The amount of alimony may be reviewed by the court and changed both in smaller and in a big way, given the financial situation or other circumstances.

If man lost the ability to work temporarily or permanently, he is also entitled to alimony. Recognized disability people who have reached retirement age (men 60 years and women - 55 years), and persons having or which received one of the three disability groups. Moreover, the time of the onset of disability is irrelevant. A fundamental condition for the court's positive decision on collecting of the alimony in favor of the plaintiff is a material possibility. Calculation of payments shall be established by the Family code of the Russian Federation, taken into account all the types of earnings and other proof of income of the Respondent. Raised to the payment of child support can even be disabled spouse, if he has income exceeding the subsistence minimum.

The court may release the defendant from collecting from it the alimony in favour of the disabled spouse in the marriage or after its dissolution if the incapacity of a spouse occurred as a consequence of the abuse of alcohol and narcotic substances, and if the plaintiff committed any intentional crime. Another criterion may be the short duration of the marriage or antisocial behavior of the plaintiff in the family. Subject to the annulment of marriage, alimony former wife was not entitled to.

Ways of collecting of the alimony are divided into a voluntary agreement and exacted by a court decision. Unregistered notarial chamber agreement no obligation. The disabled man also has the ability to file for alimony with under-age child.

In order to file for child support, the man needs to go to court with a claim. To this statement the following documents or their copies: passport, marriage certificate and divorce certificate, child's birth, the receipt on state duty payment. If a child is disabled to the statement of claim must be accompanied by the relevant certificate about state of health.

Advice 2 : As a man to apply himself for child support

If a man wishes to voluntarily and legally to pay child support for your child, disabled spouse or parent, do not have to do it through the courts. And, moreover, it is not necessary to wait until the ex-wife decides she sue for alimony.
As a man to apply himself for child support
You will need
  • - payment details of the recipient of alimony;
  • - the document proving the identity;
  • - documents proving the existence of common children;
  • - marriage certificate or divorce certificate;
  • - disability certificate of the spouse or parent.
Please contact the accounting Department of a company in which you work. Briefly describe the situation and write a statement with a request to transfer a certain amount or a certain percentage of income in favor of the recipient of alimony. The recipient of alimony must open a Bank account or obtain a Bank card and report the payment details to anyone who wants to pay them.
In this case, the alimony will be transferred automatically by the accountants. And any time the fact of their payment will be confirmed by a reference from the place of work. Note that this do not work, if a man is employed informally. In addition, many accountants, in an effort to push a extra care, you can refuse under various pretexts.
You can conclude a notarized agreement about voluntary payment of the alimony. This service provides all notaries. The cost varies from 2,250 rubles and above. For registration of the agreement requires the presence of both spouses, the documents proving their identity and documents proving the existence of common children, marriage certificate or divorce. If alimony is paid for a disabled spouse or parent, need help about their disability. By the way, to disabled parties to the agreement the notary for a fee can come out to the house to carry out all formalities.
The agreement will be documented the size, conditions, methods and procedure of alimony payment. The amount of alimony is determined by the parties themselves, but it should not be lower than that awarded to the court. This man must get a certificate of the amount of basic and additional income. In this agreement, the parties can provide for the liability for delayed obligations, protection mechanisms of maintenance of inflation, the procedure for amending the agreement and its duration.
Signed and notarized agreement will have the same legal effect as a court decision. A man can either alone to perform his duties under this agreement, or to relate it to the accounting Department at the place of work.
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