Should a woman pay child support in 2020?

Do women avoid paying alimony? Few people will be surprised when they hear that a man does not pay child support. But when it comes to non-payment of child support from the mother, this plunges into confusion. And we are talking not only about destructive individuals (drug addicts, alcoholics), but also about quite, at first glance, healthy women.

Reasons for collecting alimony from a woman

By law, a woman pays alimony according to the same rules as a man. The basis for collecting alimony can be either a court decision or the voluntary drawing up of an alimony agreement between the parents. The last document must be certified by a notary.

The mother becomes obligated to pay child support in the following cases:

• after the divorce, the child remained to live with his father. Such situations occur quite often in practice. When a judge makes a decision about a child living together with one of the parents, he must also resolve the issue of financial assistance from the other;
• the mother was deprived of parental rights. This situation does not relieve the obligation to pay child support. Therefore, a woman who has been deprived of parental rights is still obliged to send financial assistance for the maintenance of the child to the person with whom he lives (for example, the father or a close relative);
• a woman is limited in her parental rights, since her behavior can have a negative impact on the upbringing of the child. Because of this, it is impossible for her to live together with the baby, but at the same time, she is obliged to pay child support until he reaches 18 years of age.

Do ex-wives pay alimony?

It is legally established that alimony obligations do not terminate immediately after the divorce is filed. For at least another year, the spouses retain partial financial obligations. The wife will be required to pay alimony if the ex-husband:

1. Became unable to work within a year after the divorce or due to circumstances that occurred during the marriage.
2. Reached retirement age within 5 years of the divorce. This also takes into account the lowering of the retirement age due to employment under hazardous conditions.

Ex-husbands also retain their rights to alimony if they are raising a disabled child together.

Alimony from a woman on maternity leave

Alimony for the maintenance of a minor child can be collected from any income of the parent, including maternity benefits. Parents are obliged to ensure the financial situation of the child, which will not limit his position. That is, the mother is obliged to pay child support, even while on maternity leave to care for a child under three years of age.

If a woman is officially employed, then during maternity leave, she has the right to receive monthly 40% of her official salary. Such deductions will become the only official income for a woman during maternity leave.

In practice, the collection of alimony from a woman on maternity leave occurs infrequently. If a spouse who lives with a minor child has filed a claim for alimony, then such an obligation officially appears before the mother on maternity leave.

It is worth considering that it is impossible to collect alimony from payments that the state sends for child support.

Collection of alimony from maternity benefits occurs automatically. The recipient must submit a writ of execution along with the maintenance documents. It is this document that will become the basis for bailiffs to collect alimony from maternity benefits.

After a woman goes on maternity leave, there is no need to file a separate claim or appeal to the employer to recover child support payments. The deduction process will begin automatically and the payer does not need to be present.

When can you not pay alimony to your husband?

Despite the legalized mutual right to alimony between spouses, its use is not always possible. The law provides grounds for releasing a spouse from alimony obligations (Article 92 of the RF IC). The wife does not have to pay alimony if:

1. The cause of disability is long-term abuse of alcohol, drugs or psychotropic substances.
2. The disability arose when the spouse committed an intentional crime.
3. The duration of the marriage was very short. The court may recognize a marriage lasting up to 10 years as such.
4. During the marriage, the man behaved immorally and committed unworthy behavior in the family.

As part of the judicial process for the assignment of alimony for a spouse, a woman must confirm the existence of grounds for refusing payments. The evidence used must comply with the rules of civil procedure.

Amount of alimony

There are two ways to determine the amount of alimony for a minor child: in a fixed amount or as a percentage of earnings. In the second case, the amount of payments will be 25% of income for one child, 33% for two children and 50% for three or more.

The exact amount of payments may be specified in the child support agreement between the parents or in a court decision. In the first case, it is impossible to indicate an amount lower than the one that would be due to the child by law.

If a parent evades his responsibility to provide financial support for a minor child, he may be subject to criminal or administrative liability.

Above the cuckoo's nest

Statistics say that in Russia only 16 percent of divorced men pay child support. However, in marriage, as in divorce, there are two sides. And recently, mothers are increasingly running away from responsibility for their “former” children.

No one can say for sure what proportion of the more than one and a half million cases of non-payment of alimony are women - the concept of “defaulter” does not yet have a gender. But if neither a thousand, nor even a million runaway fathers shock us, then the mother’s indifference to the fate of the child still seems something unthinkable and frightening.

“Is it any wonder that women today claim the right to treat their own children with indifference on an equal basis with men, because we have been fighting for equality for so long,” says Irina Korchagina, director of the “Happy Family” psychological assistance center. - Although, on the other hand, there have always been and will be abandoned children. Some people abandon children immediately after birth, others “forget” about them later. This is human nature, we are not saints. Society is gradually moving away from the idea of ​​a woman as the keeper of the hearth, roughly speaking, responsible for everything in the family. An ideal dad today would not consider it difficult to cook porridge for his child, change a diaper, or discuss school problems. And yet, men may be acquitted of bad actions, but women will certainly be condemned. In my opinion, it is wrong to divide people who abandoned their children into certain groups; fathers are no less to blame than mothers.

Today there are cases of alimony mothers in almost every regional branch of the Federal Bailiff Service. Some people are just getting used to them, others are already used to them, but they still admit that women’s cases are remembered better than men’s. There is an opinion that it is more difficult for bailiffs to work with mother cuckoos, but not everyone shares this opinion. Gender, as it turned out, does not matter here: there are many fathers who, deceiving their own children in every way, remain deaf to both persuasion and threats. At the same time, in some mothers, at the sight of official papers and people in uniform, their conscience may awaken.

“We had this happen with one defaulter, her last name is Yusova,” says Svetlana Fadeeva, media relations specialist at the FSSP Office for the Leningrad Region. “The woman abandoned her husband and minor son and, apparently, did not even think that she owed her child anything. She only woke up when she learned that a case had been opened, that she would not be allowed to leave the country, and that her property would be forcibly seized. The debt by that time already amounted to 119 thousand rubles. Now she is paying it off little by little, though with varying degrees of success: she doesn’t work constantly, now here and there, and drinks often.

But such cases among alimony workers are an exception. Among the worst defaulters most often are mothers who have nothing to lose, and therefore nothing to fear. You can hear many stories from bailiffs about “poor” fathers driving around in foreign cars and fake death certificates for the debtor. But this has never happened among cuckoo mothers. The vast majority of defaulters are alcoholics. They survive on infrequent earnings, and sometimes do not even know the name of the father of their child. However, they also forget about their children long before they are deprived of parental rights or leave the family.

“Alcoholism is a terrible disease; no sanctions or prohibitions can cure it,” says Irina Korchagina. “And still people expect that a sick woman will behave differently than a drunk man, that maternal instinct will not allow her to turn away from her children.” But whether this instinct has been preserved in us is a big question. People live by reason, that’s the only reason we managed to survive as a species, and we have practically no animal instincts. An animal, for example, will always identify its cub by smell, but we cannot. In my opinion, a woman’s maternal instinct is a social phenomenon rather than a natural one; it is morality, society’s requirements towards the mother, and norms of behavior. Parental love in the modern understanding has existed for about 200 years, before that children served to procreate and were born because it was impossible otherwise - although they were the object of love, but not in the current version.

Therefore, one should not take for granted that love for a child and a sense of responsibility for him. Parental love and care also need to be cultivated in a person.

Volokolamsk, near Moscow, has recently gained considerable popularity among bailiffs and journalists. From the FSSP press service, those interested in the problem of female alimony workers are sent here for examples. In Volokolamsk there are alimony providers, as they say, for every taste - both men and women, and even entire families. In addition, if a person cannot pay his own child, local bailiffs try their best to force him to earn his own child support.

On every bailiff's list there will probably be such a dead-end case - a dirty, practically empty shack apartment with a drinking, non-working owner, to whom there will be no benefit if you go or not. Bailiffs of the Moscow region are fighting such debtors together with the State Employment Service. Under a joint agreement between the two services, debtors can easily find work.

“Of course, no one will offer them a position in a bank, but even in a simple low-skilled job, if you want, you can get rid of debts,” says Pyotr Lazarev, senior bailiff of the Volokolamsk interdistrict division. — We already have the results.

The bailiffs call Elena and Alexander Osipov nothing more than a “sweet couple.” The couple lost their parental rights, and their fifteen-year-old son still lives with a guardian. The unlucky parents had nothing to pay child support, and about six months ago the court ordered them to get a job. Through the bailiff service, the Osipovs found a place for themselves at the Aladdin chocolate factory; she works as a packer, he as an electrician. Most of their salary goes to pay off debts. However, there is only one such “sweet” case in Volokolamsk. The Samoilovs, parents of four children, found themselves in a similar situation; the court “sentenced” them to work at a local bakery. Dad didn’t resist - he goes to work conscientiously, doesn’t cause any trouble to management, and plans to continue working when his assigned time expires. But the mother did not want to work for her own children and is now serving a real sentence in a colony for evading correctional labor.

Another hopeless case: Volokolamsk bailiffs visited Lyudmila Nikolaeva’s house more than once, there is nothing to describe there - everything is cluttered with old rags and empty bottles. Lyudmila lost parental rights to her minor daughter in 2007 and is not going to provide for the child “selected by the authorities.”

“We talked to each of them, more than once. Adults - and we take them by the hand, like children to school, to the employment center,” says Pyotr Lazarev. “They have already forgotten what children are.” We have to constantly remind them of this. It’s especially sad to see women who no longer care about anything but the bottle; some of our defaulters are ending up in prison for the second or third time for evading work. They give you a short period of time - so they’re not afraid. And the children - those for whom we work - are left with nothing.

A psychologist will not help a woman who has forgotten about her own child, says Irina Korchagina: “In such a situation, only a child can be helped, and through the court, through a tough, clearly working law. It’s time for us to get rid of the fact that we leave all the rubbish, no matter what it is, in the hut.”

By the way

In the fall of last year, the bailiffs of the Primorsky Territory already complained about the influx of defaulting mothers; there, in one Chuguevsky district, six criminal cases were opened against alimony workers since the beginning of the year. By a court decision, the women were sentenced to correctional labor, but only three of them began to work, the rest, for their fundamentally disregardful attitude towards their own children, will no longer serve their time at the bench, but behind bars.

Is it possible to reduce the amount of payments for a child?

The legislation of the Russian Federation provides for situations in which the amount of alimony for a child can be reduced. To do this, the payer must have compelling reasons, for example, a sharp deterioration in the financial situation of the payer. But, first, an assessment is made of the real financial situation of the minor and the conditions of his detention. A mother who pays alimony can file a claim to reduce its amount, but this requires compelling reasons and this should not in any way affect the financial situation of the child.

For example, if a mother gets sick in one of her close relatives and she needs financial help with his maintenance, she can reduce the amount of alimony for a certain time. Also, the mother could receive the status of disabled, as a result of which her financial situation sharply worsened. In such a situation, the amount of child support payments may be revised.

If a common child gets sick and it is necessary to cover large expenses for his treatment, then the amount of payments, on the contrary, may be increased for a certain time.
Facebook

What does evading alimony payments lead to?

Malicious evasion of alimony payments leads to serious problems with the law. At the very beginning, the debt accumulates; later, after a court decision to pay the debt, a penalty is charged for each day of delay. The defaulter can be brought to civil liability (payment of a fine “forfeit”) and criminal liability (systematic evasion of alimony payments, which can lead to correctional labor for up to 12 months, forced labor for up to 180 hours, arrest for up to 3 months). This also entails deprivation of parental rights, which does not relieve one from the responsibility to pay child support.

That is, a defaulter (mother or father) who is overdue for child support payments for more than 4 months may receive a penalty bill, the court recognizes him as a persistent defaulter, he may lose parental rights, receive a criminal record, and lose the opportunity to participate in the life of his own child. .

How much alimony can you get from your grandparents?

The guideline for imposing penalties is the cost of living and the minimum wage and pension established in accordance with it.

If the grandparents have no other income other than a pension, then the grandson can only claim an amount of alimony that exceeds the minimum subsistence level established in the given region. If, for example, the grandmother’s pension is 14,000 rubles, and the cost of living is set at 12,300 rubles, then an amount of no more than 1,700 rubles can be collected as alimony.

You need to know that the plaintiff has the right to indicate in the claim the amount that he plans to receive as alimony. And the court has the right to adjust it depending on the income of the elderly. If the income of the grandparents does not exceed the minimum subsistence level for each, the claim will be denied.

Voluntary procedure for obtaining alimony for a wife from her husband

Article No. 91 of the RF IC provides for the possibility of concluding a voluntary alimony agreement between a husband and wife (it makes no difference whether they are divorced or remain married).

This could be a simple verbal agreement. In a legal sense, it is similar to a “civil marriage” - its implementation depends entirely on the goodwill of the parties. If the husband “promised” alimony but does not pay, there is no leverage over him. A written and notarized agreement has the force of a writ of execution.

A written child support agreement must contain:

1. All passport data of both parties: full name, series/number, by whom it was issued, place of permanent registration and place of residence, if it does not actually coincide with registration
2. Grounds for payment of alimony and list of agreements reached:
   term (indefinitely or for a certain period)
3. the amount and frequency of its payment (you can agree on weekly, monthly, etc., payment)
4. method of transferring funds (in person, by transfer, to a card)
5. all additional conditions are at the discretion of the parties
6. Date and personal signatures of husband and wife

You can find examples of such agreements and focus on them. Or contact a family lawyer from the Prav.io portal. They will explain to you how to correctly compose a document or give you a verified link to safely download the sample.

Grounds for termination of payments

Child support must be paid if the child has not yet reached the age of majority. The process continues further only if the grandson is declared incapacitated. At the same time, parents cannot continue to transfer funds for maintenance.

Payments will also stop if the grandparents die. However, there are a number of additional circumstances that the court must take into account. You will not have to pay child support if you are diagnosed with a serious illness.

The judicial authorities also take into account the presence of adult brothers and sisters. If they reach this age after the award, the award ceases to apply. Therefore, further maintenance falls entirely on the shoulders of blood brothers and sisters. For them, a scheme for depositing funds or direct transfer to the child is also approved.

A situation may arise in life as a result of which parents cannot continue to support the child. The responsibility passes to the grandparents. They must regularly pay alimony in the amount established by the court for the maintenance of their grandchild. It is also possible to make an oral agreement. Based on the negotiations, the volume and payment schedule are determined. It is recommended to go to court only if it is not possible to reach an agreement peacefully.

Agreement (agreement) on alimony

In order to receive child support from the child's mother, you can enter into a written agreement with her. In this case, alimony will be assigned and can be paid without going to court.

Such a document must be drawn up in writing and must include:

1. Information about the citizens who entered into it (payer and recipient) - full name, passport details, addresses, telephone numbers;
2. Information about the child in whose favor the money should be paid - full name, date of birth, details of the birth certificate or passport;
3. The amount of funds to be paid (in the form of a share of the payer’s income, a fixed (firm) amount, the provision of property and in another form, as agreed by the parties);
4. Frequency of payments (monthly, quarterly, one-time, etc.);
5. Payment form (cash, transfer to a bank account, postal transfer);
6. Other conditions that do not contradict the law, which the parties consider important to agree upon.

The agreement must be certified by a notary. Only after such assurance does it acquire legal force. All changes and additions to the contract, as well as its termination, are also subject to certification.

Does the mother pay after abandoning her child in the maternity hospital?

Unfortunately, cases of child abandonment in the maternity hospital do occur. It is not always the case that a girl comes to give birth, already knowing that she will leave the newborn behind.

The reason for such a decision may be fear of public opinion after the birth of a disabled child or the emergence of problems of a psychological or other nature. Often the reason for abandoning a child is female alcoholism. The official refusal is issued at the maternity hospital; the documents contain complete information about the mother.

The consequence of such a step is deprivation of parental rights, which is not at all a reason for exemption from child support obligations. Based on the refusal, the guardianship authorities decide in court the issue of the possibility of withholding alimony in favor of the refuser.

The court decision is standard:

• loss of parental rights;
• loss of the opportunity to receive financial support from the child in the future;
• loss of opportunity to communicate with the child;
• loss of inheritance rights (in the event of the death of a child).

In this case, the mother is obliged to pay alimony in the required amount until she reaches adulthood. Only after adoption is this obligation removed. In the future, worries about maintenance fall on the new parents (adoptive parents).

Refusal of mandatory alimony payments entails an increase in debt, the accrual of penalties and forced collection.

Responsibility of the mother for spending child support for other purposes

According to Art.
60 of the Family Code of the Russian Federation, alimony paid for the maintenance of a child must be at the disposal of the parent with whom the child lives and spent by him on the maintenance, education and upbringing of his son (daughter). But there is an omission in this law that concerns those mothers (less often fathers) who spend child support not on the child, but on themselves.

The law of the Russian Federation does not provide for control over the expenditure of alimony; in 2020, this is not provided for by any legislative act.

Payments based on a court decision

The mother of a child may not always agree to pay funds for his maintenance voluntarily. In this case, the father can sue.

You can do this in two ways:

• file a claim
• apply for an order.

These two methods are radically different from each other. And if in the first case, the case is considered within a month with the participation of both parties in a court hearing, then in the second, the court makes its decision (order) within five days, without holding a court hearing or calling the parties.

Both statements must include:

• name of the court, its address;
• information about the parties - full names, addresses, telephone numbers;
• document's name;
• the grounds on which the applicant (plaintiff) presents his claims;
• confirmation of the specified grounds;
• requirements to the court;
• list of documents.

Applications for the court are signed and submitted personally by the applicant (plaintiff), or by another citizen acting on the basis of a written power of attorney from the applicant (plaintiff). Along with the application, documents confirming the information and information contained in it are submitted.

Determining the material well-being of a grandmother or grandfather

To confirm the financial viability of the grandmother/grandfather from whom alimony compensation for the grandson/granddaughter will be withdrawn, the following documentation from the plaintiff will be required, such as:

• certificate of family composition;
• document on the defendant’s income;
• paper confirming the availability of loans/deposits;
• a certificate from the clinic confirming that the grandparents do not have serious illnesses or disabilities.

A disabled spouse has the right to alimony

Article 89 of the RF IC clearly recognizes the right of a disabled spouse to receive alimony maintenance.

The law does not limit the right of a husband compared to a wife, nor does it establish the amount of payments due to them.

Disability refers to both retirement age and the assignment of any disability group, regardless of the severity of the disease.

As for the refusal to divide property, the husband’s non-participation in business management due to his health condition does not in any way entail the emergence of rights to property for the wife. The law allows cases of reduction of the spouse’s share of property if he deliberately created conditions that undermine the well-being of the family.

Thus, Peter needs to file a claim for the recovery of alimony from his wife and, with a high degree of probability, it will be satisfied by the court. It is also possible and necessary to insist on the division of property, since Marina owns a business, 50% of which rightfully belongs to her husband.