If the alimony is below the subsistence minimum: what to do, where to go?

Many women who remain after a divorce with a minor child in their arms and receive a very small amount from their former spouse often wonder what can be done if the alimony is below the subsistence minimum? What if the second parent specifically shows the minimum income, so as not to transfer a lot of money to a worthy maintenance of the baby? In this case, the mother of the child must apply to the court for an alimony in a firm amount.

What parents need to know

Quite often, divorces of married couples happen in life, after which a child or children, if there are two or more of them, remain with one of the parents (mostly with the mother), while the father ceases to feel responsible and lists for the maintenance of the offspring an insignificant Amount of money.

That's it for this reason, the fair sex are very often interested in the question of how to go and where to turn if the alimony is below the subsistence minimum? What to do when a former husband, having large incomes, does not at all want to help his child financially or transfers a penny to his maintenance?

In such a situation it is necessary to go only to the judicial body of power in order to collect from the second parent alimony in a fixed amount. But first you need to find documentary evidence that a person can pay more than he lists. It is also necessary to enlist the support of witnesses, checks to purchase children's goods.

Nevertheless, if a person drives an expensive foreign car and lives in a beautiful house that is not designed in his name, then it is not always possible to prove the fact that he is very rich and has big incomes. In this case, the court can leave the lawsuit of the baby's mother without satisfaction.

According to law

If the parent raising a minor child receives insignificant sums from the former spouse for maintaining the latter, then the question arises in his head which body or service should be contacted if the alimony is below the subsistence level? What if there is not enough money even for food and clothes for the baby? After all, in a number of cases, the mother works in several jobs to feed herself and the child, without even thinking that she can get good financial support from her ex-spouse.

In accordance with family law, alimony recovered from another parent in a fixed amount can be equal to the subsistence level of the region where the child lives, and also to make up any part of it. In this case, the court will look at the parent's income. After all, not always a person who even helps his kid financially, can pay the former wife for its maintenance an amount equal to the subsistence minimum. The father himself also needs to live on something. Therefore, the court issues a decision that should not violate the interests of both parties.

Share of earnings

In most cases, alimony from a parent who does not want to support his child voluntarily is recovered from him in a court of law in a percentage. Therefore, for one dependent this amount will make up only 25% of all incomes of the latter, for two children - 33%, if the kids are more than 2, then 50%. But despite this, money for providing children can be substantially missed, especially if a parent who does not live with his offspring receives a small salary or has an unidentified source of income.

In this case, a natural question arises, but what about the mother, if the alimony is below the subsistence minimum? What to do when the father of the child pays very little, referring to the fact that he himself has almost nothing to live on? Here it is possible to appeal to court bailiffs, so that they, according to the executive document, check whether he has other sources of income and certain property. After all, a person is obliged to pay alimony by court order from all types of earnings until the child or children reach full age. In the event that nothing is registered with the parent and there is only a small official income, then the mother can try to uphold the interests of minors in court.

It is important

The minimum amount of maintenance that a parent who does not live with his child must pay is not established by law. This means that in this issue, you must fully rely only on the decision of the judicial authority. And it is not necessary that the amount of alimony will be the same as that established in the region. After considering the claim of the mother with whom the minor lives, the court will take into account the amount of his father's earnings. Therefore, when answering the question of whether there can be alimony below the subsistence minimum, a positive answer should be given. After all, if a father receives a salary of 12,000 rubles and has no other sources of income, it is clear that he can not transfer to the provision of his child an amount equal to that established in the region.

Collection of documents

So, if the alimony for a child is below the subsistence minimum, the parent with whom the latter lives can apply to the court for a fixed amount of these payments.

To do this, the baby's mother must prepare the following documents:

• An additional copy of the claim for the defendant (you can make a copy or write by hand).
• Copies of certificates of marriage, divorce and the birth of a child (children).
• A certificate confirming the income of the applicant (usually a mother).
• A statement of the defendant's income is desirable. If it can not be obtained, then you can apply to the court during the hearing about its provision.
• Written justification of claims for establishing payments to a child in a fixed amount (all checks, receipts, contracts). The main thing is to confirm the fact that the funds that the father lists for the maintenance of the baby are clearly not enough to cover all expenses, even taking into account the mother's earnings.
• A certificate from the passport office confirming that the applicant and the minor have lived at the same address.

This package of documents, together with the prepared claim, should be submitted to the world court for consideration. By law, the parent with whom the child lives is entitled to file such a statement at the place of his registration.

In what cases is a fixed amount of alimony provided

If the amount of alimony is lower than the subsistence level, and money, even if the second parent's income is taken into account, is insufficient to provide full-fledged support for the child, the legal representative of a minor has the right to request a judicial authority to recover from the former spouse a fixed amount. Typically, this is done if the father of the baby:

• Does not have an official source of income;
• Gets a piece-rate salary, so she can hesitate;
• The collection of alimony in a relative proportion violates the interests of the child;
• Receives remuneration for labor in currency or products, things.

If there was an agreement between the parents of a minor to conclude an agreement on the payment of alimony, in which a monthly amount is prescribed, the filing of an action with the court to establish a firm amount of payments is not foreseen.

Questions you are interested in

Most mothers who raise children after a divorce alone and do everything to provide for their kids, often complain that the fathers do not help at all and do not participate in the upbringing of the latter. Moreover, many women receive alimony below the subsistence minimum. Where to address the latter in this case? Can the existing norms of the law force irresponsible fathers to support their children?

First of all, the child's mother must discuss this matter with her father and listen to his opinion. After all, not all dads after parting with a woman forget their children and do not want to help them. If this issue could not be resolved peacefully, then it is necessary to apply to the court for an increase in the amount of alimony. In this case, the authority will already decide on its own, whether to grant such a request or not.

In addition, if the means for the existence of the child have already been collected from his father in a solid amount, then their amount should be indexed by the bailiff or the accountant of the organization, based on the growth of market prices.

Nuances

Fortunately, not all fathers who left families forget about their children and stop communicating with them. Some even voluntarily transfer money to ex-wives to ensure that their common child does not need anything. But life develops differently, and a person who receives a small income begins to think about how to pay alimony if the salary is below the subsistence minimum? In such situations, even the father, who is obliged to support his child, has the right to apply to the court for a reduction in the amount of money that he must transfer for the maintenance of the minor. Often this happens when a citizen has a new family and children are born who also need material support.

Some peculiarities of alimentary obligations in Kazakhstan

How to be a legal representative who lives in the same territory as a child, if the alimony is below the subsistence minimum? What to do? Russia, as a right-wing state, protects and protects the interests of young citizens who, before the age of 18, must receive support from their parents. Therefore, the parent with whom the child is located has the right to apply to the court in order to obtain worthy payments for the maintenance of the minor from the former spouse.

It is interesting, how do you solve the problems of recovery of alimony in the near abroad? For example, in the Republic of Kazakhstan from a parent who does not live with a toddler, you can collect funds for its maintenance also as a percentage of earnings. In this case, the amount of money transferred by a parent to a child should not be more than half of his income. After all, my father also needs to somehow exist. But if the alimony is lower than the living wage, what should I do?

Kazakhstan, as a sovereign state, allows the parent, with whom the minor lives, to apply for help in court, because only this authority can increase the amount of recovered funds for the maintenance of the latter. If the father has an inconstant or variable income from time to time, then he can recover alimony in a firm amount and in a percentage.

By the way, all debts that the payer could not repay due to a difficult financial situation, should be paid off to them after the children become adults.