How to get alimony from the unemployed

A popular opinion is the fact of paymentalimony by one spouse to another for the material security of an underage child. However, the concept of alimony is much broader. Similar payments are possible for both parents and the former spouse, even a spouse who is lawfully married can file an application for alimony with the legal spouse, if otherwise it is impossible to receive money to raise a child.

However, the most common formalimony paid by the father who is in divorce with the mother of the child. The officially accepted purpose of alimony is to ensure the optimal conditions for the existence of a child who has not reached adulthood and resides separately. According to Article 80 of the Family Code of the Russian Federation, alimony is assigned in order to meet the child's physical, spiritual and moral needs.

If it was not possible to reach a peaceful conclusionagreement on the size and terms of the payment of cash for the maintenance of the child, as well as in the case of the refusal of the parent from their obligations for material support, the settlement of the issue of payments occurs in court.

Not only wages, but also any otherThe parent's income is to be taken into account when calculating the amount of payment for the child. Legislation also provides for alimony from an unemployed parent. Moreover, the amount of alimony in this case can vary significantly. We will analyze the situation with the unrecognized officially unemployed parent. The amount of alimony from the unemployed is calculated on the basis of the average monthly wage established in Russia. This is stated in Article 113 of the Family Code of the Russian Federation.

Official recognition of the parent as unemployed andthe placement in the employment center of the population on the basis of accounting serves as a basis for calculating the alimony from the funds paid as unemployment benefits. At the same time, it is important to notify the bailiff's service about the occurred fact within 3 days after the loss of work.

The former spouses, to whom the court was determinedobligation to pay alimony, it is more advantageous to be registered either as an official unemployed or working at a minimum rate, since alimony from an unemployed person who is in an unofficial status will be assigned based on a quarter of the average monthly earnings in the region.

A slightly different situation in the case when the court is not yetmade a decision, and the respondent parent was found to be non-working. Alimony from the unemployed is determined by the court in the form of a solid amount of payments every month, taking into account all the nuances of the position of the parents. This is regulated by Article 83 of the Family Code of the Russian Federation. Alimony from the unemployed in this case can be reduced if the court finds the respondent's arguments sound and convincing.

With regard to the timing of payment of maintenance, then theirviolation, in the presence of a signed agreement on alimony, leads to the accrual of a legal penalty in one-tenth of the total amount of debt for each additional day of delay. Malicious evasion of payment of alimony entails criminal liability.

There are situations when alimony from a non-workingit is rather difficult to get in the face of a parent's avoidance of his duty to the child and failure to execute a court decision. In this case, it is envisaged that the non-payer of alimony will be held accountable under the Criminal Code of the Russian Federation.

Even if the parent is deprived of the rights, he is not relieved of the responsibility for the maintenance and material support of his child. This rule is spelled out in Article 70 of the Family Code of the Russian Federation.

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