How to control the misuse of child support

It is logical that child support should be spent on meeting the needs of the child. Unfortunately, it doesn't always happen this way. It happens that the mother spends the alimony intended for the baby on herself or on repaying loans, in general, anywhere, but not on the child. A reasonable question arises - how to control child support according to the law?

Who can spend child support?

Despite the fact that technically alimony is transferred to the mother’s account (if she lives with a minor), the money must be spent on the needs of the child.

Children have property rights. This provision is enshrined in Art. 60 RF IC, which states the following:

children have the right to receive maintenance from their mother and father and other relatives;
alimony should be spent on the primary needs of minors, their education, upbringing;
property rights are not limited by age, children have the right to their income, inherited property, and valuables acquired with their funds;
Parents and children do not have ownership rights to each other’s property, and when living together, they can use it only with mutual consent.

According to Art. 28 of the Civil Code of the Russian Federation, from the age of 6 it is allowed to make small everyday transactions that do not require the participation of a notary or state registration.

In accordance with Art. 26 of the Civil Code of the Russian Federation, adolescents who have reached the age of 14 have the right to independently carry out transactions with the consent of their parents (guardians), as well as to dispose of funds allocated to them without permission: make deposits in credit institutions, purchase household items, and make other small household transactions. The rights of a teenager can be limited only by petition through the court.

According to the RF IC and the RF Civil Code, alimony is material income for a child. Their expenditure by the recipient is possible in the event of a benefit for a minor. Otherwise, spending alimony is regarded as misuse of funds.

Establishing a control mechanism

The best option is how to control child support, specify the order in the child support agreement and have it notarized. This document is concluded based on the mutual desire of the parties and is not limited to specific issues. In addition to the size, order and frequency of payments, you can include a section on the possibility of monitoring the expenditure of child support by providing the required reporting in the form of:

payment documents for children's school supplies, wardrobe items, allowing identification of expenses;
concluded contracts and receipts for payment for developmental services (music and specialized sports schools, clubs and sections, computer courses and electives);
recommendations from medical institutions on health improvement issues and provision of vouchers for targeted treatment and prevention of diseases to which the child is predisposed;
certificates and diplomas from Olympiads and competitions, allowing you to identify the interests of the child and think about further investments and evaluate the feasibility of the contributions made.

In the child support agreement, it is important to stipulate the need to provide a report not only as a check on the expenditure of finances, but also the requirements for documents that make it possible to identify the range of interests of the child. For the court during the proceedings, this will be confirmation of personal interest in the process of upbringing and development of the non-cohabiting parent, and not just a statistical report on where child support is spent.

Sample alimony agreement

The alimony agreement is an executive document, just like the writ of execution itself. Therefore, the one who controls the payment of alimony may be called upon to control the spending process. In accordance with the law, the bailiff service may be involved in control if the recipient fails to comply with the included clause. If this procedure was not in the original document, then an additional agreement can be drawn up with the consent of the other party. In the absence of a condition, verification and the requirement to provide expenditure documents on the basis of the law are impossible.

Can a mother spend child support on her own needs?

There is no provision in the law that would secure the mother’s right to spend child support on her own needs. However, it is necessary to distinguish between expenses that go solely to enrich the parent, and expenses without which the living conditions of the minor will worsen.

Examples of such expenses:

Buying (repairing) a car. You can convict the wife of the fact that the accumulated amount of alimony was spent on purchasing a car, but if the wife takes her son or daughter to school, kindergarten, sports clubs, goes on picnics with minors and tries to diversify their leisure time, accuse the wife of a passion for excessive luxury for counting children will not work.
Going on vacation. If the spouse received alimony and used the funds to purchase a trip for herself and the child, then on the one hand, she is acting in her own interests, and on the other hand, she is making the children healthier, giving them the opportunity to breathe sea air, because minors cannot be sent unaccompanied by adults.
Purchase of household appliances (refrigerator, TV, computer). The equipment will be used by both the recipient and the child, so misuse of funds cannot be proven.

Spending not for the intended purpose - those that will not bring any benefit to the children, but are aimed only at satisfying the ambitions and personal needs of the mother, for example:

buying a fur coat;
purchasing a new iPhone model;
visiting entertainment venues;
purchasing an excursion tour for one;
visiting beauty salons.

The mother's attempts to prove that such personal expenses in the future can have a positive impact on the lives of minors are not taken into account by the court.

A parent receiving alimony must not only provide for himself, but also bear responsibility for his child equally with the second parent (Article 61 of the RF IC), including providing for him financially.

Responsibility for misuse of alimony funds

Family law does not provide for direct liability for improper spending of alimony for recipients.

If the alimony obligee believes that the money is being spent for other purposes, he can do the following:

Deprive the mother of parental rights. Basis – Art. 69 of the RF IC (abuse of rights, improper performance of duties). The procedure is labor-intensive, deprivation is possible only on the condition that the guardianship authorities really establish that the child is not acquiring the necessary things, he is not eating well, has no clothes, etc.
File a claim to determine the place of residence with the father. The court will take the plaintiff's side if a significant difference in financial and property status is established in his favor. An additional factor is the mother’s inadequate performance of parental responsibilities.

If the child is over 10 years old, his opinion will be needed when changing his place of residence through the court. If parents consider it unacceptable for a minor to participate in the meeting, it is not necessary to bring him.

How to control the spending of child support

The law does not directly indicate the need to provide a report on the expenditure of funds for the child, however, the payer has the right to know where the funds are spent, based on:

Art. 66 of the RF IC , which stipulates the right of a parent living separately to receive information about children not only from the mother, but also in educational, medical, and educational institutions. The right to participate in the life of a minor and in discussing important changes is also retained.
Art. 312 of the Civil Code of the Russian Federation - here we are talking about the obligations of the debtor and the creditor, however, in the case of receiving money for children, the alimony recipient acts as a “debtor”, and the payer acts as a “creditor”, who can request information about the fulfillment of obligations to support the child from the mother, from the guardianship authorities and guardianship.
Art. 4 of the RF IC - according to this article, the norms of the RF Civil Code can be applied to family relations if there are issues the settlement of which is not provided for by family legislation.

Control of alimony by the father is possible, but the method largely depends on the document that establishes the obligation to provide for the minor.

If an agreement is concluded

An agreement on the payment of alimony, drawn up by both parties and signed by a notary, is a writ of execution. It indicates the amount of monthly (or received at other intervals) payments, the procedure for making payments, and other points regarding the provision of children.

In the document, a separate provision can highlight a way to control the expenditure of funds, for example, oblige the mother to provide a monthly (quarterly) report on purchases, expenses for education and leisure, and for treatment. The mother may agree to provide the report or reject the offer. Read more: How to oblige your ex-wife to account for alimony

If the agreement was drawn up a long time ago, and the need for control arose in the current period, for example, due to an increase in income, you can change the agreement: reduce alimony, add a clause on the provision of a report.

To change the agreement, you should contact a notary and add new clauses. The consent of both spouses is required, otherwise you will have to go to court.

If alimony is paid by court order, according to a court order

The documents issued by the judicial authorities do not specify how to control the expenditure of alimony. The husband may suspect that the wife is spending money on herself, but it will be very difficult to prove this. The only way to influence the situation is to apply to the court with a request to change the procedure for paying alimony and allow part of the funds to be transferred to the child’s personal account.

If alimony is paid on a voluntary basis

In the absence of an agreement, it is impossible to oblige the payer to account for the expenditure of alimony.

If there is friendly relations and mutual understanding between the parents, the spouse may ask whether the child receives enough money, and in response receive:

grocery store receipts for purchases made;
a list of expenses for clothing for a minor;
receipts for payment of medical services, for the purchase of medicines;
a list of costs incurred to prepare for school;
confirmation of payment for services of sports sections and development clubs.

Women receiving alimony should not have a negative attitude towards their ex-husband’s request to provide an expense report. When living separately, it is difficult to keep track of changes in the child’s life, and after receiving a detailed report, the parent may think about increasing, rather than reducing, child support.

If it is not possible to have a constructive dialogue, you must go to court.

When paying according to agreement

Parents have the right to agree on child support voluntarily by concluding an agreement. It would be advisable to include special clauses on control over the ex-wife’s expenses; it will be possible to check them. This provision is specified in Art. Art. 99, 100 and 101 SK.

But if a child support agreement has been concluded, but the corresponding clause is not included in it, changes can be made to the document at the will of the parents. The agreement receives legal force after it is certified by a notary.

Another situation may be based on the fact that the required item is included in the document, but the spouse does not comply with the stipulated conditions regarding the report. Then you can seek justice through the bailiff service or by contacting a judicial authority. Such a development of events is only possible if the corresponding clause is available. Otherwise, forcing your ex-spouse to provide a report on child support will not work.

Transferring part of the alimony to the child’s account

If the amount of alimony is significantly higher than the subsistence level and the spouse spends money not only on the child, but also on her own personal needs, you can change the method of executing the court decision to pay alimony.

For example, if the court decision states that the funds must be transferred to the mother’s bank account in full, the alimony provider has the right to demand that this order be changed and transfer 50% directly to the children, and the remaining amount to the mother.

According to paragraph 2 of Art. 60 of the RF IC, the parent-alimony provider may apply to the court to obtain a decision on the possibility of transferring part of the alimony to an account opened in a bank in the name of the child. The size of such transfers cannot be more than 50%.

In order for the court to satisfy the requirements, the payer must prove that alimony is being spent for other purposes.

Evidence of misuse of alimony

Before going to court, it is necessary to collect evidence of irrational use of penalties, for example:

An inspection report by the guardianship and trusteeship authorities on the living conditions of children. The payer can initiate an audit, guided by the provisions of Art. 56 RF IC.
Witness's testimonies. Relatives can confirm that the living conditions and food of the children do not meet the required level; employees of general education institutions provide information about the provision of the child with the necessary accessories for group classes, provide information about the availability of school uniforms and seasonal clothing.
The recipient has outstanding accounts payable, for which the amount of monthly obligations exceeds his personal budget income.

It can be difficult to obtain information, because banks issue certificates about the expenditure of funds from the account directly to clients, so the defrauded payer should apply to the court with a petition to obtain evidence.

If you have good reasons, you can go to court.

Filing a claim for the transfer of part of the alimony to the child’s account

The form of the statement of claim must comply with the requirements of Art. 130 Code of Civil Procedure of the Russian Federation and contain:

Name of the court. The claim is filed at the place where the decision to pay alimony was originally made. Next, indicate the full name of the judge, the plaintiff and the defendant, and the place of residence of the interested parties.
Name of the claim.
The essence is where the child’s full name and the date of the decision to collect child support are indicated. To transfer part of the funds to the children’s account, you must provide a detailed report on the current needs of the minor, prove that the amount of deductions exceeds the subsistence level and that by accumulating the amount of money in a separate account, the minor’s standard of living will not deteriorate.
In conclusion, a petition is written to change the method of execution of the court decision. It also indicates what percentage of alimony should be transferred to the minor’s account and what percentage to the parent’s account.
List of applications.
Date, signature.

Sample claim for transfer of part of alimony to the child’s account:

Evidence of misuse of funds must be accompanied by a standard package of documents:

copies of the claim according to the number of interested parties;
copies of passport;
child's birth certificate;
certificate of marriage (divorce);
executive document;
details of an account opened in the name of a minor.

The period for consideration of the claim by the court does not exceed 2 months, after which it is necessary to obtain a decision and contact the accounting department of the enterprise where alimony deductions are made, the FSSP.

If the alimony provider transferred the money personally, it is necessary to change the payment procedure in accordance with the court decision. The payment document must indicate the purpose of the transfer - for which month the alimony is paid.

State duty

There is no state fee for changing the method of paying alimony.

The child will be able to use the accumulated funds after reaching 18 years of age. Neither parent has the right to control the amount. In exceptional cases (illness of the child, unforeseen circumstances), withdrawal of funds is possible, but only with the consent of the guardianship and trusteeship authorities.

The need to control the cost of alimony is often associated with the amount of deductions that significantly exceeds the subsistence level. It is the payer's right to know where the money is spent, but it is not the recipient's responsibility to provide information.

If there are suspicions that funds are being spent for other purposes, you can form “capital” for the future needs of the children, which will subsequently be spent on education, purchasing real estate and other needs. However, changing the payment method is not so simple; you will need to go to court and prove that the children’s standard of living will not change. A family law lawyer from ros-nasledstvo.ru will help you understand the organization of the trial.

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Solution

If the court decides to audit the expenses and it turns out that money that should have been spent on him is being spent on other purposes, he will most likely order that the ex-spouse be accountable to the ex-husband. In this case, the decision is based not on the interests of these parties, but on the child. Therefore, in addition to the obligation to report, a decision may be made to transfer up to fifty percent to an account belonging to the child.

In this case, the ex-wife must open an account so that payments are made there as well. Then none of the parents has the right to use this money. They will belong only to the child, which he can use as he wishes when he becomes an adult. Until this time, money can only be spent to purchase the necessary clothes or pay for a sanatorium for a child. This is done through proper control by the guardianship authorities, which must authorize the waste. After this, parents provide reports on how the money was spent. In this case, payment receipts, invoices, checks or other payment documents can be displayed.