How to get a report on how child support is spent?

Should the ex-wife account for child support?

According to the Family Code of the Russian Federation, both parents after a divorce have equal rights to participate in the upbringing, treatment and education of children. Thus, the father can request information from his ex-wife about the spending of the accruals. Many men think about how to make their ex-wife account for alimony. However, this right of the ex-husband does not at all give rise to the woman’s obligation to report on alimony, as well as sanctions in case of refusal to provide such a report.

How can a father be aware of how funds are spent? This possibility is provided either by agreement of the parties or in court.

If the spouses have maintained a good relationship and they were able to agree on the amount and timing of alimony payments, the man can simply ask for checks, receipts and other payment documents. However, an attempt to peacefully resolve the situation does not always bear fruit, because the mother has the right to reject such a request even without explaining the reasons. In this regard, questions about whether I can control my wife’s expenses may remain unanswered.

The mother has the right to dispose of incoming money at her own discretion, taking into account the interests of her son or daughter. As a rule, expenses on food, clothing items, medical care, educational programs, toys, gadgets, as well as recreation and health care for a minor are considered justified.

However, there are two nuances. Firstly, a woman can spend part of the funds on general family and household needs that affect the interests of her son or daughter not directly, but indirectly: we are talking about purchasing household appliances, investing in home renovation, etc. Secondly, when the children are already provided with everything necessary, the mother has the right to put money in the bank or save it at home. However, this does not mean that the mother can spend the accrual on herself and her needs (buying expensive clothes and jewelry, paying off loans, etc.).

Can a mother spend child support on herself?

Child support, which is agreed upon by the parties or ordered by the court, must be spent only on the child. The only case when a parent can spend child support on themselves is until the child turns 3 years old. These are so-called maternity benefits, when the ex-husband is obliged to pay maintenance to his wife and child while she is on maternity leave.

In all other cases, according to the Family Code of the Russian Federation, all money paid by the alimony payer must be spent exclusively on the needs of the child. Child support is a process that is difficult to control if the father wants to know about the waste.

There are targeted and non-targeted spending. Non-target items include:

• repair, refueling, maintenance of the car in which the mother takes the child to school, kindergarten, hospital;
• travel for the mother by public transport or taxi to pick up the child if she does not have a car;
• buying new gadgets, if this is not a need, but just new things;

In fact, the mother cannot spend child support on herself, but since part of the expenses for the child are related to her, part of it can be spent on her.

Grounds for reporting on the expenditure of funds - moral and legal norms

What to do if your ex-husband demands a report on child support? The topic of alimony is a sore point for many former spouses, despite the fact that it is often impossible to reach an agreement peacefully. Women often think that the ex-husband is hiding his real income, and the ex-husband’s request to account for the money spent is often perceived as a personal insult. Men, in turn, are perplexed why a son or daughter may not attend sections and clubs, and also be deprived of new clothes and toys.

Here, of course, the father’s financial wealth and the amount of charges for the children matter. Men who pay the minimum possible amount (an average of 2 thousand rubles) are rarely interested in their intended spending. Just like the child himself. The only thing that can disturb them is that the ex-wife demands indexation of alimony. But this is a separate topic.

How to create a report?

The report is prepared in writing, in free form. It is recommended that you include the following information in this document:

• Details of the agreement on the basis of which it was drawn up;
• Information about the parties - the payer and recipient of alimony;
• Information about the child;
• Date of the report;
• Reporting period;
• The amount of alimony paid for the specified period.

The document should include a table with the following columns:

• Payment date;
• Sum;
• What were the funds spent on?
• Confirmation document;
• The total amount of funds spent during the reporting period;

The document must be signed by both parties.

The document must be drawn up in two copies, one for the payer, the second for the recipient.

Trial

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Ask a question Is it possible to request a report on how alimony is spent? The final verdict in the case of spending alimony payments is made by the judge. A citizen who has supporting materials in hand has the right to draw up a statement that alimony funds are credited (up to 50% of the total amount) to the personal bank account of his son or daughter. The mother will continue to receive half the money, for which she will not be required to account.

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This is also important to know:
Deprivation of parental rights for non-payment of child support: sample statement of claim and sequence of actions

However, the spending of the other half will be controlled by PLO employees. If a woman does not have bad habits and does not lead an immoral lifestyle, she will be able to obtain permission to withdraw funds from authorized employees, but only after indicating the purpose of this operation. If the guardianship authorities consider the specified reason to be insufficiently weighty and valid, the money will remain in the account and will be accumulated until the child turns 18 years old.

The correct course of action for the plaintiff is as follows:

1. Writing a statement of claim.
2. Attachment of the maximum possible number of documents confirming the plaintiff’s claims.
3. Filing a claim with the court that issued the order to pay alimony. If there was no such resolution (for example, the former spouses entered into a notarial agreement), the claim is filed at the place of residence of the defendant. In this case, the state duty is not paid (according to Article 333.36 of the Tax Code of the Russian Federation).

Requesting reporting for spending alimony payments in court

Is it possible to request a report on how alimony is spent? The law does not contain information about the possibility of requesting reporting for expenses made by the mother using funds transferred as alimony. The father does not have the opportunity to demand an account through the court.

The father is obliged to communicate with the minor and monitor his condition. If facts of violation of a child’s property rights are revealed, the man must protect his rights.

When meeting his son, the father evaluates his appearance. Concerns should arise from:

1. Features in development (if they are not due to his state of health). A minor must attend an educational organization, sports activities, or participate in creative associations.
2. Condition of wardrobe items. Clothing and shoes must be appropriate for the season, weather and the child’s body size.
3. Low weight or painful pallor (unless these are developmental features of the child).
4. Lack of toys and gadgets.

A trusting relationship between father and son will help establish the fact of unnecessary spending at the expense of the child’s income. These criteria cannot be considered separately. A dangerous signal is a combination of factors.

Attention! Particular attention should be paid if the minor regularly looks anxious when meeting with his father.

Statement of claim

A statement of claim for the transfer of half of the amount of payments to the personal account of a minor is filed with the court on the basis of Article 203 of the Code of Civil Procedure of the Russian Federation and contains the following information:

1. Name of the authority that ordered the payments. He will also deal with the matter of transferring money to a separate account;
2. Full name of the spouses, their contact information, residential addresses;
3. A writ of execution (there was one) or briefly state information about when and in what amount the money was paid;
4. The plaintiff must describe why he believes that the expenses are inappropriate. Evidence must be attached.
5. The plaintiff must prove that this decision will not harm the child or worsen his financial situation;
6. The application must indicate the requirements for opening an account in the name of a son or daughter;
7. Signature, date.

As for the state duty, in this case it is not paid. The claim is submitted in free form and without additional fees.

Attached materials

The following package of documents must also be attached to the application:

• copies of the plaintiff's passport;
• a copy of the child's birth certificate;
• copies of marriage and divorce;
• a certificate of the plaintiff’s income level;
• a copy of the writ of execution or a notarial agreement on the payment of alimony (if any);
• checks, receipts that will confirm payments from the plaintiff;
• a certificate of regularity and sufficiency of alimony payments;
• a letter to the ex-wife with a request to resolve the situation amicably and her negative response (if any);
• conclusion of the PIO on the living conditions and detention of the minor (if there was such an appeal);
• documents proving misappropriation on the part of the mother;
• statements of witnesses about the ex-wife making large purchases, expensive trips, etc.;
• a certificate confirming that the woman has debts and loans (at the request of the judge).

Preparing for trial - collecting evidence

Preparation does not mean moral attitude (although that too), but the collection of evidence. They can be checks and receipts confirming expensive purchases, vouchers, tickets. The ex-wife is unlikely to voluntarily share such documents. Therefore, when independently collecting evidence confirming the misuse of payments, it is important to be guided by the principle of legality. Do not forget - evidence collected in violation of the law has no legal force and will not be considered in court! In our case, we should be guided by Article 66 of the RF IC, which stipulates the right of a separately living parent to receive information about his child.

We prepare documentation for the court

The statement must not be unfounded. The plaintiff will have to prove his claims.

As evidence, you need to prepare:

• acts of inspection of the living conditions of a minor (drawn up by specialists of the district departments of guardianship, social protection or social teachers of schools);
• resolutions of the district KDN and ZP on bringing to responsibility for improper performance by the mother of her duties;
• a copy of the writ of execution for the collection of funds or a notarial agreement;
• written refusal of the ex-wife to confirm the targeted expenditure of funds (if any);
• certificates confirming that the mother has credit obligations (at the request of the court);
• information about making large purchases (according to witnesses);
• certificates about the amount of income of the plaintiff and the amount of assistance paid;
• other data proving the misuse of funds.

Claim process

In the process of considering a claim, it is of great importance whether a notarial agreement on payments was concluded, containing a clause on the provision of reporting. If a woman ignores the requirements of the contract, she may be held accountable for violating previously agreed terms. In the absence of an agreement, there are no sanctions for refusal on the part of the ex-wife.

The court's decision

Consideration of a claim in court does not guarantee satisfaction of the plaintiff's claims. The court is obliged to consider all the information provided, as well as the arguments of each party and make a decision based on the children's interests. It is possible that the amount of accruals transferred to the personal account of the son or daughter will not be half, but a smaller part of the total amount of payments.

This is also important to know:
Child support according to the law, how alimony is paid in 2020 - basic concepts

Also, the father can legally determine the place of residence of his son or daughter not with his ex-wife, but with himself. In extreme cases, the issue of depriving the mother of parental rights may be raised.

Executive documents and reporting

The Family Code of the Russian Federation stipulates that payment of alimony can be based on:

• agreements between spouses on the payment of funds on a voluntary basis;
• court order;
• performance list.

If the parents agreed verbally

If the former spouses have verbally agreed to pay alimony, then any proceedings will be very difficult. How to force your ex-wife to account for alimony in this case? Only by agreement of the parties. Just like spouses agreed on alimony payments, that is, verbally.

If the wife refuses to provide any information, then there is no way for the father to get it.

If an agreement has been drawn up

In order to avoid any disputes in the future, it is best to draw up an agreement on the payment of child support. The spouses themselves write down all the issues related to alimony payments and certify this document with a notary so that it has legal force.

What version of this agreement could there be?

1. This could be an agreement that the parties can supplement, revise clauses, specify all the details about payments, conditions, indexation.
2. This may be a writ of execution.

If the agreement of the parties stipulates that the ex-wife is obliged to provide reports on alimony expenses, then the father has all the legal grounds to demand this information.

If there is a writ of execution or court order

If alimony payments were awarded in court proceedings, then the court establishes:

• amount of alimony;
• payment terms;
• payment terms;
• indexing conditions.

According to the writ of execution, the mother is not required to provide reporting, therefore, the fact that this alimony was ordered by the court does not give the father the right to demand reporting on expenses from his wife.

How to deal with misuse of alimony

A child support report for the father will help identify existing problems.
The absence of an unconditional opportunity to demand the provision of information about expenses made makes the problem of misuse of alimony even more pressing. Let's figure out how to deal with such abuses. The father has 3 ways to solve the problem:

• file a claim to change the child’s place of residence;
• deprive the mother of parental rights and move her son or daughter to live with her;
• achieve the transfer of half of the alimony paid to an account opened for the minor.

Let's look at each of these methods in more detail.

Responsibility for misuse of funds

For misuse of child support payments, the mother can:

1. lose half of the funds that were paid - the money will be transferred to the child’s personal account;
2. the father may request a court order that the child change his place of residence.

If the court finds that the funds were not simply spent for other purposes, but that the mother did not properly fulfill her parental responsibilities, she may be held administratively liable.

Changing children's place of residence

Using this method, the father will be able to put full control over maintenance issues. The procedure for changing the place of residence of a minor is provided for in Art. 65 RF IC. To take advantage of this opportunity, the father must send a statement of claim to the district court at the location of the ex-wife.

The success of the proceedings will depend on the following factors:

• living conditions of the parties;
• financial situation of the mother and father;
• social living conditions with each parent (presence of offenses, bad habits);
• the child’s opinions if he is 10 years old;
• positions of the guardianship and trusteeship authority;
• relationship between parents and minor.

Judicial practice follows the path of satisfying requirements regarding a change of place of residence for children under 14 years of age only in the event of antisocial behavior of the mother. The plaintiff will have to prove such facts.

Fact

If the case is won, the mother will have child support obligations.

Legislation

All issues relating to family and kinship relations are regulated by the Family Code of the Russian Federation. It is this legislative act that provides for the obligation of parents to support their minor children. The procedure for collecting alimony in court is regulated by the Civil Procedure Code, as well as Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings”.

Deprivation of parental rights

The grounds for initiating this procedure are contained in Art. 69 of the RF IC and are specified in Resolution of the Plenum of the RF Armed Forces No. 10, adopted on May 27, 1998. These are associated with maternal antisocial behavior and include:

• alcoholism or drug addiction;
• marginal behavior (begging, prostitution);
• cruel treatment;
• lack of control over training and development;

The plaintiff will need to confirm the listed circumstances.

If the father's demands are met, then the son or daughter moves in with him. In this case, child support obligations will pass to the mother, despite the deprivation of parental rights.

Changing the procedure for paying alimony

Art. 60 of the RF IC provides for the opportunity to open an account in the name of a minor, where half of the payments will be transferred. The recipient's access to payments will become possible upon reaching adulthood or as a result of emancipation.

Claims must be based on one of the following:

• the sufficiency of half of the funds allocated by the father and the mother’s earnings to provide for all the needs of the minor;
• presentation of evidence of misuse of funds by the ex-wife.

Cases from judicial practice

An example of a dispute about changing the procedure for paying funds for the maintenance of a minor is the decision of the magistrate of Surgut in case 11-31/2014.

The father presented evidence that half of the funds he transferred were sufficient to meet the child’s needs, and the first instance granted the claim. On appeal, the decision was overturned because the mother provided a detailed report on the expenditures of child support, which confirmed the expenditures were made in full.

An opposite example is the decision of the Kogalym City Court in case 2-1089/2011.

The father was able to prove that the ex-wife spent payments on the maintenance of a child born in another marriage. As a result, half of the funds began to be transferred to the minor’s account.

Determining target flow in practice

Unfortunately, in practice, it is quite difficult to control the mother’s expenses for the child, even if she provides reports. For example, in grocery supermarkets, many receipts for purchases that customers have not collected are freely available. These checks can be passed off as your own. Receipts confirming the purchase of clothing can be taken from friends or acquaintances. Yes, and in general, even if you buy food, it is impossible to control who ate it.

A way out of the situation could be for the father to pay for the necessary purchases on his own. So, for example, a father can take upon himself the payment of educational institutions, the purchase of clothes for the child and other things that can only be used by him. Also, the father can periodically buy food on his own.

Additional questions

Who can spend child support?

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Despite the fact that payments are formally transferred to the mother’s account, the money must be spent on the needs of the children. They can be spent by the recipient only if there is a benefit for the minor. Otherwise, such expenses are regarded as misuse of funds.

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In addition, 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;
• money 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;
• 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.

This is also important to know:
Application for alimony: sample 2020, how to file a claim for alimony without marriage

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 money 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.

Can a mother spend child support on her own needs?

By law - no. However, it can be difficult 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:

1. Buying (repairing) a car. You can convict a 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, and also goes somewhere with a minor by car, trying to diversify his leisure time, accuse the wife of passion for excessive luxury will not work.
2. Going on vacation. If a spouse used payments to purchase a trip for herself and her children, then, on the one hand, she acts in her own interests, and on the other, for the benefit of the whole family.
3. Purchasing household appliances (refrigerator, TV, computer). It is difficult to track who exactly will use the equipment, so it is impossible to prove misuse of funds.

Only those that do not bring any benefit to children, but are aimed only at satisfying the ambitions and personal needs of the mother, can be called with complete confidence only those expenses that do not bring any benefit to the children, but are aimed only at satisfying the ambitions and personal needs of the mother, for example:

• purchasing clothes, shoes, smartphones, etc. for use by the mother;
• mother's visits to entertainment venues;
• mother's spending on personal care;
• purchasing a ticket for one;

Is it possible to deprive an ex-wife of access to payments if she does not provide a report on the funds spent?

Is the ex-wife required to account for alimony? In a situation where the ex-wife does not clearly neglect the norms of law or morality in relation to a minor, but does not want to account for alimony, it will not be possible to deprive her of access to payments. The only way to influence is to change the procedure for transferring benefits through the court. If successful, up to 50% of the payments will go to the minor’s account, and the rest can be disposed of by the mother with the permission of the guardianship authorities.

Changing the payment procedure is carried out through the district court located in the place of residence or registration of the recipient of payments. The algorithm of actions is as follows:

1. We open an account in any banking institution in the name of a minor.
2. We collect evidence that there were inappropriate expenses for alimony, for example:
   Information from correspondence in email, messenger applications, SMS.
3. An extract from the defendant's bank account where the money was transferred. If the defendant does not voluntarily provide this information, you can petition the judge at the hearing to have a court request for an extract sent to the bank.
4. Testimony of a minor.
5. Receipts or checks from supermarkets, stores.
6. Audio recordings or video recordings.
7. Testimony from neighbors or relatives.
8. We are preparing a statement of claim. The sample can be downloaded here.
9. We send the application and its attachments to the court in 2 copies (for the defendant and the court). This can be done in person, using this link electronically, by mail or with the help of a representative under a notarized power of attorney.
10. We are waiting for a summons or SMS about the time and date of the court hearing.
11. We come to the meeting, talk about our demands and justify them with previously collected evidence.
12. If the judge sides with the plaintiff and rules in his favor, we expect the final version of the decision to be made.
13. We receive the final version of the decision from the court office and wait for it to come into force (1 month from the date of production of the final version).

Features of the legal regulation of alimony obligations

The obligation to provide alimony arises for two reasons:

1. Notarial agreement.
2. An order from a magistrate or a decision from a district court.

The agreement is convenient in that it is a flexible way to establish the nuances of the alimony obligation, in particular, to prescribe the amount of payments (the only exception: they should not be lower than the amount that could be assigned by the court), determine the frequency of payments, and establish the types and amounts of responsibility for the parties. It can also specify the validity period of the agreement and secure payment methods (shares, share in the business, property assets, cash payments, etc.).

This is also important to know:
Claim for collection of child support: sample document and rules for writing it

In addition, the advantage of the agreement is that it can be changed at any time at the request of both parties or terminated altogether. An additional guarantee for the alimony recipient is that he or she does not have to go through legal proceedings to collect the unpaid funds. It is enough to take the agreement to the department of bailiffs and submit an application for forced collection of alimony debt. A sample alimony agreement can be downloaded from here.

Next, we will consider the nuances of assigning alimony collected in court.

For a minor child

When calculating the amount of monthly payments, the court may rely on one of the following grounds:

1. The amount of earnings of the alimony worker.
2. The children's subsistence level in the constituent entity of Russia where the child officially lives, or the federal subsistence minimum for children, if the subsistence minimum for children is not fixed in the constituent entity of Russia.

How is the calculation carried out? The calculation procedure is described in the table.

In any case, funds are paid until the child turns 18 years old. In this case, it does not matter whether the payer has funds or not, since this obligation will not be removed from him due to insolvency. If the alimony holder has several minor dependents, then after one of them turns 18 years old, the court must recalculate the monthly amount of alimony.

For ex-spouse

What are the features of paying alimony in favor of former spouses? The following nuances can be highlighted:

1. The potential alimony payer must have the funds to do this. In other words, if after paying taxes, fines, and providing for other dependents, he has money left at a level exceeding the subsistence level for able-bodied adults, then this means that he has the necessary funds.
2. Payments are assigned only in a fixed amount (from 50% to 100% of the adult subsistence level in the constituent entity of Russia where the alimony recipient is registered).
3. A limited circle of former spouses entitled to maintenance:
   An ex-wife or husband who has become disabled and has an income below the subsistence level. An important nuance: disability must occur during the marital relationship and no later than 1 year after the divorce.
4. Former husband or wife with an income below the subsistence level and who became pensioners within 5 years after the divorce. An important nuance: spouses must live in a legal marital relationship for a long time. As a rule, the court considers 3 criteria to understand the concept of “long time”: the duration of the marriage, who initiated the separation, what was the reason for the separation.
5. An ex-wife who has a child under 3 years of age or is pregnant.
6. Former husband or wife with an income below the subsistence level and raising a common minor child who is officially recognized as disabled until he turns 18 years old, or raising a common child who has been recognized as a disabled person of group 1 since childhood.
7. The alimony payer can relieve himself of the burden of maintenance due to the following circumstances:
   The marital relationship with her ex-husband was short-lived. As a rule, the court understands a short marriage as a marital relationship that lasted less than 1 year.
8. The ex-husband showed himself to be an unworthy person in the family. This means the use of violence against family members, neglect of the interests of the family, alcoholism, and insults.
9. The former spouse's disability resulted from the commission of a crime with direct or indirect intent, as well as addiction to drugs or alcohol.

Main options for providing a report on the use of alimony

A child support provider who wants to have information about expenses for a child can use one of the methods suggested below to obtain a report.