Recovery of alimony. What do I need to know about?

According to statistics, since the second half of the last century, the number of divorces per year in Russia often exceeds the figure of 140 thousand. But divorce, as it sometimes happens, is not the biggest problem. Dissolution of marriage and recovery of alimony from one of the spouses go hand in hand. Therefore, you need to know about this as much as possible.

Alimony is the amount of money that, according to the court decision, one of the spouses must pay after the divorce to another person - the one with whom the minor child (or several children) has stayed. That is, if the family disintegrates already when the children are 18 years of age, the recovery of alimony is a matter that can not be considered.

It is worth noting that the money is for children, not for the parent with whom they stayed. In addition, an adult able-bodied child will be obliged to make payments to his disabled father and mother.

Recovery of alimony in court

In general, it is possible to provide financial support to your children after a divorce voluntarily. In this case, the recovery of alimony can be stipulated in a personal conversation. However, in the event that one of the spouses refuses from his direct duty, this issue can and should be decided through the court. What should I know? Here are a few important points:

• One of the spouses, and also some members of the family (persons listed in the Family Code) have the right to apply for the recovery of alimony;
• The court considers all the circumstances (within a month from the date of submission of the application) and on their basis makes a decision;
• For one child an amount equal to a quarter of the defendant's income is provided. For two-thirds, three or more-half. In this case, not only the direct earnings of the payer, but also other incomes are taken into account;
• In the event that the defendant's income is less than the claimant, the court can decide the case in favor of the former, or assign a share much smaller than it is necessary in ordinary situations;
• There is such that the plaintiff or the defendant (or even both at once) are underage. In such situations, legal representatives of the spouses are obliged to participate in the legal proceedings ;
• The recovery of alimony does not have a statute of limitations. That is, it can take as much time as you want from the time of divorce until one of the spouses goes to court (of course, this should happen before the children become adults);
• Alimony is intended for persons under 18 years of age. However, the law provides for payments for adults who are not able-bodied;
• The costs associated with the conduct of the case, as well as the payment of the state duty, are entirely on the defendant's shoulders. The plaintiff does not pay anything;
• If the plaintiff tried to solve the issue of recovery of the items by peaceful means, and the defendant evaded payment, after applying to the court it is possible to request an amount for the previous three years;
• In the event that you do not know the whereabouts of the defendant (and this information must be entered in the application), the document should indicate the last known address where he lived.

Know your rights and the rights of your children and do not be afraid to defend them!