Alimony during divorce and marriage

Alimony during divorce and marriage

Determining issues related to alimony during divorce proceedings is one of the most difficult and often painful topics. Everyone needs to know the legal aspects of this phenomenon: both those who have the right to receive payments and those who must make them.

Calculation of alimony during divorce

Child support can be calculated in two ways (unless the parties agree otherwise):

• as a share of earnings (income);
• in a fixed monetary amount.

Alimony as a share of earnings (income)

• for one child – 1/4 of the payer’s earnings (income);
• for two – 1/3 of the payer’s earnings (income);
• for three or more children – 1/2 of the payer’s earnings (income).

Even if there is a voluntary agreement, the payment amounts established in it cannot be less than the above values. This measure exists to prevent infringement of the interests of children.

Based on the specifics of the situation, the judge has the right to increase or decrease the amount of alimony.

Alimony in a fixed monetary amount

This method of calculating alimony is used when it is difficult to determine the share of the income of the parent obligated to pay alimony, for example:

• the payer does not have a regular income;
• income is varied or paid in foreign currency.

In this case, the court determines a fixed monetary amount that is a multiple of the subsistence minimum established at the regional level.

Amount of alimony during marriage/divorce

The amount to be paid to one of the parents may be determined by mutual agreement, by agreement, or set by the court.

The agreement can define the following options for calculating alimony:

• income share;
• a fixed sum of money paid periodically or in a lump sum;
• transfer of property;
• other methods to which the parties came by common agreement.

Indexation of the amount of alimony

If alimony is set at a fixed monetary amount, it will be adjusted whenever the cost of living changes. Bailiffs who monitor the fulfillment of alimony obligations, as well as the organization in which the payer works or studies (if there is a scholarship), are required to carry out indexation.

Procedure for paying child support

The procedure for paying alimony can be established by the following documents:

• voluntary agreement of the parties;
• by court order;
• writ of execution from a court decision.

In the first case, the order can be any, the main thing is that it suits all participants in the transaction. Alimony is transferred in cash or by bank transfer to a bank account or card. In addition to cash, alimony can be provided in the form of real and movable property.

In the event of a court order or corresponding decision, control of payments falls on the accounting department of the organization in which the payer works. Alimony payments can be deposited into the recipient’s account or sent by mail.

Time limits for collecting child support

The payer is obliged to pay child support from the moment the court decision enters into force, until they reach adulthood (unless we are talking about special situations, for example, a disabled child with lifelong maintenance).

The accounting department of the organization where the payer works is obliged to transfer or send by mail no later than 3 days after the salary is calculated.

Frequency of child support payments

With a voluntary agreement, the frequency of payment of alimony can be any (for example, monthly, quarterly or annually).

In all other cases – strictly monthly. In organizations, as a rule, alimony is provided not by advance payment, but by the main part of the payer’s salary.

Voluntary payment of alimony

Payment of alimony at your own request can be made in several forms.

1. No formal design. If the former spouses trust each other, they can agree verbally. But even in this case, it is recommended to take a receipt from the recipient each time.
2. By consent. In such an agreement, the parties determine all the conditions, procedure and frequency of payments by mutual agreement. The agreement is certified by a notary and has legal force.
3. If there is a court decision. This option is possible when the court has ordered the parent to pay child support, and he agrees to do this voluntarily, without the intervention of bailiffs. A receipt is required for each payment.

Debt in alimony payments

Debt is formed when the payer does not pay alimony at all or does not pay it in full. In practice this happens if:

• the payer deliberately evades;
• there is no opportunity to pay for objective reasons (for example, as a result of health problems);
• the accounting department incorrectly calculated the amount of alimony withholding;
• the recipient of the payments refuses them or hides.

The amount of alimony debt is determined based on the form in which it was assigned: a share of income or a fixed sum of money.

Collection of child support through the court

Collection of alimony debt is carried out through the bodies of the state executive service. This can be done as follows, depending on the situation:

• imposing a maintenance obligation on the accounting department of the organization in which the defaulter works;
• arrest and sale of his property in order to pay off the debt.

Responsibility for non-payment of alimony payments

Contrary to the popular belief among alimony defaulters, liability for non-payment is more than serious. It can take different forms.

1. A fine equal to % of the total debt for each day of delay.
2. Criminal liability. If the father is recognized as a willful defaulter (deliberately evading payment for a long period of time), he may be sentenced to correctional or community service, as well as arrest for up to three months or restriction of freedom for up to two years.
3. Deprivation of parental rights. This measure entails the termination of all legal relations between the child and the father. It is used, as a rule, if a person not only does not pay child support, but also does not show any interest in the life of the child.

Alimony for spouses

Obligations to support former spouses arise if, for objective reasons, he cannot provide for himself financially:

1. due to his incapacity;
2. if necessary, care for a disabled child;
3. during pregnancy and for three years thereafter.

Alimony can also be determined by agreement or court decision, but its amount in any case will be set in a fixed monetary amount.

When arrears arise for spousal support, the same measures apply as when arrears arise in child support.

Obligation to pay alimony

All parameters (amount, order, frequency) of alimony for children or spouses can be determined by the parties voluntarily or by court decision.

If the payer evades payments or makes them in an incomplete amount, a debt is formed. Liability for non-payment can be administrative and criminal, and can also lead to deprivation of parental rights.

The collection of alimony is carried out by the state executive service, which has the right to take all necessary measures: from imposing obligations to withhold payments on the accounting department of the enterprise where the unscrupulous father works, to the arrest and sale of his property.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for collecting alimony.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or a lawyer, your case of collecting alimony will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in collecting alimony.

You deserve our professional legal assistance!

Take the first step towards your victory in a legal case for the collection of alimony, call or write to a lawyer and you will receive answers to all your questions.