The law provides for an article that can oblige former spouses or relatives to keep former spouses or other relatives by paying them certain payments. After a divorce, for example, the former spouse may be required to pay alimony for the maintenance of children. Usually the payment of alimony after the divorce is carried out until the age of majority of children, but there are cases when alimony is paid longer. In addition, the court can oblige to keep the former spouse, paying him alimony either for a certain time, or for life. There are cases when children are also required to support their parents.
To date, the order and amount of maintenance payments for the maintenance of spouses, children, parents is established not only by the court. Some volunteer decide to conclude an agreement on alimony, notarially assuring him.
Former spouses enter into an agreement with each other, in which they agree to pay alimony for the maintenance of children until they reach the age of 14. Alimony receives the spouse with whom the minor child lives. At the age of 14, between the child and the parent (with whom the child does not live) is an agreement that obliges the parent to pay alimony. In this case, the consent of the parent with whom the child resides or the consent of the guardian or guardian is required and only then an agreement with the child can be concluded.
Payment of alimony is carried out monthly in the form of a fixed percentage of the parent's income. 25 percent of the income is calculated if the alimony is paid for the maintenance of only one child. For the maintenance of 2 children from the income, 33% is calculated. Three or more children from income calculate 50%. It is worth noting that in some cases, alimony is not paid in the form of a certain percentage of income. In this case, the agreement between the parents indicates a fixed amount of payments. Sometimes a fixed amount of payments is established in court. Such a decision of the court allows ensuring the observance of the interests of the child and maintaining the level of monetary security that existed before the dissolution of marriage. Sometimes alimony, under the agreement of former spouses, is paid in the form of expensive property (house, car, car) in the ownership of the child.
In cases where the parents can not agree with each other and establish the amount of payments and the procedure for payment, the spouse (with whom the child remains) submits an application to the court, and then the amount and procedure is established by the courts.
If the terms of the agreement are not respected, and if the terms of the agreement contradict the interests of the child, the interested person applies to the court in which he asks to collect alimony from the former spouse forcibly. Some also apply to the court for a cancellation of the agreement or with a request to amend the agreement on alimony.
In turn, the spouse, who is responsible for maintaining and raising a minor child, is obliged on his part to take all measures to collect alimony for these purposes.
The parent, who has stayed with the child, will not refuse to receive alimony from the former spouse (in some cases, one of the spouses refuses to accept alimony) for the maintenance of the child. Since the refusal of the spouse to receive alimony is a violation of Russian law.
If child support is not paid for the maintenance of children and neither party takes any measures, the state guardianship authorities and guardians intervene in the situation. On their own initiative, they with the claim, with the request to collect for the maintenance of the child the alimony from the parent (sometimes from both) can address in court.
If two or more children have spouses and, after the divorce with each parent, one child has remained, the less well-off spouse has the right to seek maintenance from a better-off spouse in court. The amount of payments is established by the court and is paid monthly. Before making a decision, the court examines the living conditions of children from both parents.