How to collect child support from an unemployed father

When we talk about collecting alimony, we mean deducting a certain amount of money from the payer’s earnings. And the question of collecting child support from an unemployed parent puzzles most of us.

And really, where will alimony come from if there is no income? But is the responsibility for supporting his children really removed from the father only on the basis of lack of work?

Should an unemployed person pay child support?

To answer this question, you should turn to family law. Paragraph 1 of Article 80 of the RF IC establishes that parents are obliged to support minor children regardless of their labor status, that is, the presence or absence of work and earnings. At the same time, parents have the right to agree among themselves on the procedure and amount of payments for child support.

From this it follows that the lack of work and income does not relieve the obligation to pay alimony!

Minimum amount of alimony payment from a non-working person

Sometimes the amount may be too much for a non-working child support payer. After all, the amount of earnings in some cities and towns is much lower than the Russian average.

Since the law only defines the procedure for calculating alimony, but does not establish the minimum amount of alimony, lawyers strongly advise resolving this issue in a peaceful way - by concluding an agreement. In the agreement, parents can set a minimum amount that suits both.

If an agreement is not concluded, the court will set the minimum amount of alimony for the non-working person. In this case, not only abstract average indicators will be taken into account, but the real life circumstances of the parents and the child: level of earnings, region of residence, marital status, reasons for dismissal, period of unemployment, and so on.

If the alimony payer agrees to support the child, the court will set the minimum amount of alimony that he will be able to pay. If the payer evades payment, the court will calculate alimony according to all the rules, taking as a basis the average earnings in Russia.

In some cases, the court may establish a fixed amount of alimony from a non-working payer. Its size will depend on the child’s previous level of support and the current financial and marital status of the parents.

Amount of alimony payment from an unemployed person

How much is child support paid if a non-working father has no income? To get an answer to this question, we will consider several options for collecting alimony.

If the alimony payer has official unemployed status

If a non-working parent applies to the employment center and receives official unemployed status, he receives unemployment benefits. The amount of the benefit is set based on the average salary at the last place of work or the average salary in the region of residence. From this benefit, alimony is paid - in the amount established by the alimony agreement or court decision.

The only problem is that the amount of unemployment benefits is extremely low and often does not cover child support obligations.

If the payer does not work and does not contact the employment center

If the payer does not work and has no income, but does not apply to the employment center, alimony is collected in the general manner - in the form of a share of earnings. But since he has no official income, alimony is calculated based on the amount of earnings at his last place of work or the average earnings in his region of residence.

If the payer is an unemployed disabled person or a pensioner

When calculating alimony from an unemployed disabled person or pensioner, his total income (pension, disability benefit) is taken into account.

If this income is below the subsistence level in the region of residence, the state will assume alimony obligations.

When determining the amount of child support, the needs of the child will be taken into account, therefore it is in the interests of the recipient to provide evidence of maximum “need”. Read “How alimony is withheld from the payer’s pension.”

If the payer is not officially employed, but has inconsistent earnings

If the payer has earnings (albeit inconsistent), but it is not possible to collect alimony because the payer is not officially employed, the problem can be solved:

• By tracking cash inflows and outflows . After a court decision is made to collect alimony, you should contact the bailiff with an application to track the payer’s income and expenses. This will allow you to check monetary transactions and determine the amount of earnings, on the basis of which you can collect the appropriate amount of alimony - in a new trial.
• By obtaining evidence of the payer's income . Witnesses who are not interested in the outcome of the trial may testify about the income of the alimony payer known to them.

What is the amount of alimony for a non-working person?

How much child support should an unemployed person pay? As is clear from the above, to determine the amount of alimony from a non-working person, the average salary indicator .

According to this provision, the amount of alimony will be 1/4, 1/3 or 1/2 of the average salary. In the second quarter of 2019, the average salary in Russia was 38,280 rubles (the average salary in the region may differ!).

How is child support calculated? To roughly calculate the amount of alimony for non-working people, we will start from this indicator.

An example of calculating alimony for an unemployed person

• for one child - a quarter of the average salary, 38,280 x 25% = 9,570 rubles;
• for two children – a third, 38,280 x 30% = 11,484 rubles;
• for three children – half, 38,280 x 50% = 19,140.

If the alimony payer is unemployed, but registered with the employment center, another indicator is used to calculate alimony - minimum wage unemployment benefit .

In 2019, its maximum amount was 8,000 rubles (Resolution of the Government of the Russian Federation dated November 7, 2019 No. 1426).

So, how to calculate alimony from a non-working person...

• for one child – a quarter of the unemployment benefit, 8,000 x 25% = 2,000 rubles;
• for two children - a third of the benefit, 8,000 x 30% = 2,400 rubles;
• for three children - half the benefit, 8,000 x 50% = 4,000 rubles.

How to collect and receive alimony from an unemployed person

Alimony from an unemployed citizen in Russia can be collected in two ways:

1. as a share of earnings;
2. in the form of a fixed amount of money.

Let's consider the advantages of each method of collecting alimony in circumstances of lack of work and income.

As a share of earnings

Since the unemployed payer has no work or income, the amount of alimony will be determined based on the average salary in the region of residence .

The advantage of this option is that, despite the lack of work and income, the payer will accumulate arrears of alimony. If work and income appear one day, the amount of debt will be collected from income, and if they do not appear, from the property owned by the debtor.

The disadvantage of this option is that the unemployed can register with the Employment Center. And then alimony will be calculated from unemployment benefits, the amount of which is usually low (see “What to do if your ex-husband intentionally pays small alimony?”)

In a fixed (fixed) amount of money

The advantage of this option is its stability and predictability - regardless of the availability of work and earnings, the unemployed alimony payer transfers a fixed amount monthly.

But this advantage also has a disadvantage. An unemployed person can get a well-paid job at any time, and the fixed amount of alimony established by the court will remain the same.

In addition, you should not hope that the court will establish a fixed amount of alimony equal to the subsistence level. Having examined the financial and marital status of the payer, the court may assign alimony, for example, in the amount of 0.1 of the subsistence minimum.

The minimum threshold for alimony payments is not established by law.

In a word, there are enough difficulties. Many men do not want to pay alimony, so they avoid registering official income. “Gray” schemes are found all the time. It is difficult for women to deal with such phenomena.

Raising a child takes a lot of time. And there is often a lack of knowledge on how to reason with your ex-spouse. It turns out that the man hides his income, pays pennies - and the mother is unable to change the situation.

The child and his well-being suffer. What to do?

If you find yourself in a difficult situation and have a lot of questions, please contact our lawyers for advice. They will help you cope with a difficult matter. Even if the father does not work, he has authority over him.

To do this, you need to study the situation, raise judicial practice, find sources of income and prove that the father is solvent. Legal advice will help determine a course of action. You won't be left face to face with the problem.

The collection of alimony will be accompanied by a competent lawyer. Call the hotline or leave requests in the chat.

Watch a video about the amount of child support from an unemployed father:

Amount of Alimony for an Unemployed Person

In order to collect child support for 1 child in 2020, it is not necessary to immediately go to court. According to current legislation, financial support is assigned only until the child reaches adulthood. However, with a peace agreement, the payment period may be extended for a longer period. In this case, such an agreement must be notarized.

Global statistics say that over the past forty years the number of divorces has increased in the world. And if a couple of decades ago there were 2.6 cases of divorce per thousand marriages, now this figure has doubled. At the same time, Russia is among the top three countries in terms of the number of divorced couples - 11.5 divorced marriages for every thousand.

Laws of the Russian Federation 2020-2022

The officially established salary amount in the Russian Federation becomes the starting point for determining alimony payments.

Funds begin to be withheld as soon as the defendant finds a job and is employed in it. But it is worth remembering that debtors often pay alimony through the sale of property.

This only applies if there is a long period of no income. The exception is long-term illness.

1. Identity document of the defendant and plaintiff. Copies may be provided.
2. Birth certificates for all children. It is also possible to submit copies of documents.
3. Marriage or divorce certificates.
4. Certificates confirming the place of residence of all participants in the process.
5. A document that specifies all calculations of the required amount of alimony payments.
6. Supporting documents of additional or unofficial earnings of the defendant.

Child support from a non-working father

1. Concluding a voluntary agreement that suits both parties. In this case, it is recommended to fix the amount of the alimony payment, since the percentage of income cannot be verified.
2. If the payer does not show good will, legal proceedings are necessary. The plaintiff must try to obtain information about the defendant’s sources of income and provide it to the court.

• financial situation of the plaintiff and defendant;
• number of children, their health status;
• the need for additional expenses (for treatment, for example);
• whether the defendant has other dependents.

Important! If the former spouses have drawn up an alimony agreement, then it is difficult to change its terms when the father loses his job. This method of solving the problem turns out to be more beneficial for the child.

Alimony from a non-working father

If alimony is not withdrawn from earnings due to lack of earnings, then money for child support may be assigned in a fixed amount, based on the minimum wage indicators. On the one hand, this is better than nothing, but on the other hand, this option is not ideal.

The defendant can find a job at any time, and the child will have a chance to receive an amount as a percentage of earnings.

But since enforcement proceedings are opened according to the first decision, where a fixed amount is established, changing the form of payment will require a new claim, a new consideration.

• about the payer's income;
• about the financial status of the parent living with the children;
• o the marital status of each spouse;
• about the region of residence, the level of PM in a particular subject;
• about the causes of disability;
• about the presence of dependents for each parent;
• about the health status and needs of the child;
• about other important circumstances that help assess the real needs and incomes of the parties.

Read also: Preparation of documents for traveling abroad: with one of the parents, without parents, different surnames

New in the law on child support, amount of payments, application form

• The bailiff has the right to temporarily remove the debtor from driving the vehicle. There are restrictions here: the tool cannot be used if driving is the only way to generate income for the debtor and if the amount of his debt does not exceed the limit of 10 thousand rubles (Article 67.1 No. 229-FZ);
• There is a ban on the debtor traveling abroad. Since October, the amount of debt was increased from 10 to 30 thousand rubles, but this did not affect alimony workers - the threshold of 10,000 rubles was retained for them.

1. In October 2020, significant amendments were made to the Code of Administrative Offenses of the Russian Federation; they affected Art. 27.2 and 27.3. The bottom line is that bailiffs now have the right to independently bring in and detain alimony debtors. Previously, this function was assigned to the internal affairs bodies, which slowed down the procedure. The amendments were made by law dated October 30, 2020 No. 309-FZ.
2. In October, the Ministry of Justice proposed recognizing alimony workers in hiding as missing and, on this basis, paying survivors’ pensions to children. The bill is known under the number 277183-7. Based on it, the debtor will be recognized as missing when the announced search does not bring results. Although there have been objections, the bill is still being considered. On the one hand, a social pension will protect the rights of the child. On the other hand, the mechanism of declaring a missing person has many other legal consequences: such a debtor will have a chance to evade all other types of obligations - fines, loans, etc.
3. The creation of a special alimony fund is being discussed, money from which, like the Pension Fund, will be distributed among those who have lost hope in all other types of collection of alimony payments. Such a project requires large investments, and the nature of its financing is also unclear.
4. Bailiffs may receive the right to forcibly send draft dodgers to labor exchanges. The opportunity will be realized if a new edition of the Federal Law “On Employment of the Population in the Russian Federation” is adopted. Then persons who hide their place of work and do not formalize their employment relationships will be forced to acquire a workplace. If employers refuse such a candidacy, the debtor will receive unemployment benefits, from which alimony can be withheld.

Child support from a non-working father

If an agreement is not concluded, the court will set the minimum amount of alimony for the non-working person. In this case, not only abstract average indicators will be taken into account, but the real life circumstances of the parents and the child: level of earnings, region of residence, marital status, reasons for dismissal, period of unemployment, and so on.

Since the law only defines the procedure for calculating alimony, but does not establish the minimum amount of alimony, lawyers strongly advise resolving this issue peacefully - by concluding an agreement. In the agreement, parents can set a minimum amount that suits both.

How and how much child support should an unemployed person pay?

The right to demand funds for food and a normal existence arises from legally significant family ties. According to the established structure, the payer is a capable and able-bodied citizen who is part of the circle of immediate family members, and the recipient is a disabled relative in need of help.

The very fact that this topic is being studied, in most cases, indicates that the money is not being received, an amicable agreement has not been reached, and the need has arisen to collect alimony from a non-working father (spouse, other family member) or one who is working but deliberately hiding his income. If the amount of alimony is not fixed by an agreement drawn up by mutual consent, or an agreement correctly drawn up and signed in the presence of a notary is not executed and, as a result, a debt has arisen, then the recipient has a direct road to court.

Child support: latest news and laws

I am glad to welcome my regular and new readers! Today I want to tell a story that happened to a good friend of mine. A year ago, she divorced her husband, and they agreed verbally on alimony for their 5-year-old daughter. But the child’s father did not keep his word, and the friend did not see the money for a year.

She turned to me for advice: she wanted to find out how child support is calculated, and whether it was possible to receive it for the past year. As a result, the friend went to court, which satisfied the claim for collection.

Let's figure out together how to get full child support.

Child support obligations are primarily assigned to the parents, but it happens that adult brothers or sisters also make payments. This happens when the mother and father, for objective reasons, cannot support the children: the factor will be decisive in court.

Alimony

The calculation of alimony payments based on the minimum wage established for 2020 will look as follows. First, we calculate the amount of income after tax withholding: 11,280 rubles. — 13% = 9813.60 rub. Next, from the amount received, we obtain the approximate minimum amount of alimony:

On the one hand, alimony should be aimed at meeting the priority needs of the person in need, on the other hand, it should not be a means of unjustifiably enriching him, while excessively reducing the payer’s standard of living. Therefore, in each specific situation, the courts use an individual approach when establishing the amount of alimony.

Child support from an unemployed father

• nutrition;
• kindergarten, school;
• clubs (art, sports, additional education);
• stationery;
• hygiene items;
• medications (if you have a chronic disease);
• clothes.

Important! Each party is obliged to prove the circumstances referred to in court. Including justifying the presented expenses. For this purpose, appropriate receipts and detailed calculations are provided.

• none of them has the right to refuse such obligations, regardless of the reasons he has for doing so;
• lack of work or regular income also cannot serve as a justification for non-payment of alimony;
• a non-working citizen must take all measures to find employment so that this does not serve as an aggravating circumstance for evading payment of alimony payments.

Alimony from an unemployed person

If there is no regular income, then alimony assigned as a share of income will not be suitable. Please note that in relation to other family members who, in accordance with the Family Code, also have the right to receive alimony for their maintenance, there is no such rule.

Please note that if the defendant does not have a permanent place of employment or a stable income, this is not a reason for failure to fulfill his obligations under the law. Therefore, alimony is paid even by a citizen who is legally recognized as unemployed.

Alimony from a non-working father

If the defendant is registered with the employment center, then he receives financial benefits. In Russia, the minimum wage from 01/01/19 is 11,280 rubles per month (source). For one child, the payment amount is 25% of income, i.e. the amount of alimony from a non-working father in 2020 will be 2820 rubles.

For persons belonging to this group, a special procedure for assigning cash payments applies. The parent is required to pay child support .

If deviations are identified, executive authorities have the right to resort to measures such as the recovery of any property (movable and immovable) that is owned by the debtor.

The law does not only apply to couples who are married or have received a divorce. This rule also applies to parents who lived without formalizing the relationship (civil marriage).

Collecting child support from a non-working father

The absence of a job or other income by the alimony payer does not relieve him of the obligation to support his children and other relatives if the payments are awarded by a court decision or determined by agreement between the parties. Alimony is collected from a non-working father in accordance with the general procedure.

Important! If a citizen is unemployed and is not registered with the employment center, then the alimony debt will still increase. The recipient of the maintenance has the right to sue for a penalty, which is calculated as 0.1% of the amount of debt for each day of delay.

The penalty must be calculated for each month and can be reduced by the court if there are good reasons. These may include the payer’s difficult financial situation, illness, disability, etc. A reduction in the penalty is also possible in cases where the father has other dependents, including recipients of alimony by court decision or agreement. At least 25% of the payer’s income is paid per child. For two children - no less than 33%. For three – no less than half the income of the citizen liable for alimony.

How to calculate payments

The settlements are usually handled by the bailiff. If the father does not have a permanent job or other income, the calculation of arrears of alimony, if they were previously awarded as a share of earnings, is based on the average salary in the region.

For example, the average salary is 30 thousand rubles. Consequently, the amount of alimony for one child will be 7.5 thousand rubles per month. Based on this amount, a penalty will be charged.

To find out how to collect financial support for a child, you need to take into account that alimony can be collected by court order. To do this, you must submit an application at the place of residence of the recipient or intended payer. A court order is filed when alimony is collected as a share of the payer’s income. It must contain the following information:

• name of the court;
• information about the applicant – his place of permanent registration or temporary residence;
• information about the citizen who is obliged to pay alimony;
• contact details of the parties (if possible).

The application must dwell in detail on the point that confirms the fact of the payer’s obligation to provide for his minor child. This may be a court decision to determine the child’s place of residence, or an agreement on the place of residence of a minor.

The document can also indicate information about the father’s place of work and income. The application must indicate a request for a court order.

The following documents will be required with your application:

• a copy of the applicant's passport;
• a copy of the child's birth certificate;
• previous court decisions (if any);
• divorce certificate (if available);
• a document confirming the paternity of the child;
• an extract from the house register, certified by the housing department;
• information about the payer’s income, if known.

The court order must be issued within 5 days from the moment the documents are accepted for consideration.

If the application is drawn up correctly, and the judge does not see a dispute about the law, then the decision to grant a court order will be made in favor of the applicant, who receives the original document. The citizen obligated to pay alimony receives a copy of the order.

He has 10 days to send reasoned objections to the court at the place where the order was issued. If they go to court, the judge will cancel the order and advise the applicant to file a statement of claim.

Important! The payer’s employment and financial problems are not considered an obstacle to filing a court order. Even if the father is disabled in group 1 and is bedridden, he still must pay child support. But the court may take into account the poor situation of the payer and reduce the share to a minimum.

Filing a claim for the recovery of alimony from a non-working father

A statement of claim will need to be filed when the father is unemployed or has inconsistent work and earnings, as well as if a citizen receives a salary in foreign currency or natural products.

The statement of claim is filed at the place of residence of the plaintiff or defendant, i.e. the possibility of alternative jurisdiction at the choice of the plaintiff is provided. The statement of claim must contain a justification for the collection of alimony in a fixed amount. The document is drawn up according to the rules of the Code of Civil Procedure of the Russian Federation - Art. 131-132.

The statement of claim states:

• name of the court;
• information about the plaintiff - full name, place of residence;
• information about the defendant - full name, place of residence;
• information about third parties - for example, a notary, if the claims also relate to the invalidity of the alimony agreement due to non-compliance with the mandatory rules for its execution.

The descriptive part of the claim should thoroughly outline the circumstances taking into account which alimony is collected in a fixed amount of money.

You can point out the fact that the child needs financial support and his state of health.

At the same time, alimony may be collected from an unemployed father in favor of his ex-wife - during pregnancy and before the child turns 3 years old. The court is of last interest to the father's income.

The pleading part of the claim must formulate the requirements for the defendant: payment of alimony in the amount of the subsistence minimum for the child or half the minimum and other requirements.

In addition to alimony, a penalty may be collected from an unemployed father. It may not be accrued if the payer can prove that the debt arose due to non-payment of wages by the employer, illegal dismissal, forced downtime, bankruptcy of the organization, lockout, etc. Such circumstances must be proven in court.

The exact amounts that an unemployed father is obliged to pay to his child and ex-wife are not specified in the Family Code. They are appointed by the court taking into account the circumstances of a particular case.

Alimony agreement

If a man, for good reason, does not have a permanent income, for example, he works in seasonal work or on a rotational basis, then it is advisable for the parties to draw up an alimony agreement, indicating the specific amount of alimony and the frequency of its payment.

The agreement must stipulate the payment procedure. The document must be signed by the contracting parties. The agreement is drawn up by a notary.

The amendment or termination of the contract is also carried out by a notary. An agreement, like a court order, has the force of an executive document.

The amount of alimony specified in the agreement must be no less than the amount that the recipient could obtain in court.

Even in the absence of work, it is advisable to transfer at least a minimum of the awarded amount, indicating in the transaction their alimony purpose. This will help reduce the amount of debt. Help for a child can be provided in kind - food, clothing, a vacation package. It is better not to accumulate debt, as its presence is fraught with administrative and criminal liability.

The unemployed status of the father, especially if it is associated with alcohol abuse, drug use, or imprisonment, serves as a basis for restriction of parental rights and deprivation of the right to personal education of the child, which does not relieve the obligation to pay child support. In conflict situations, it is strongly recommended to enlist the support of a competent lawyer.

Question answer

In your case, the amount of alimony will have to be determined by the court. File a claim for alimony.

You have the right to demand payment of alimony in the amount of the minimum wage.

Since he does not have a stable income, you can apply for alimony in a fixed amount.

Source: https://lawinfo24.ru/family/alimenty/alimenty-s-nerabotayushhego-otca

Minimum amount of child support if the father does not work

What if the father is unemployed and cannot pay these funds? One of my friends was faced with a situation where her ex-husband deliberately did not get an official job so as not to pay the alimony due to her child. And in this article I will tell you how the amount of alimony is calculated and how to collect alimony from a non-working father.

Minimum amount of child support if the father does not work

Alimony amounts can be assessed by the court in two forms specified in Article 81 of the Family Code:

• in the form of a certain share of the income received;
• in the form of a fixed amount, which does not depend on the availability of a source of income.

The first option is established in cases where the father has a permanent, stable, official income. Even if he receives the minimum wage, the court may oblige him to pay a specific share of the income to the child, established by Article 81 of the Family Code.

But if the father does not officially work or has an unstable income due to seasonal work or other reasons, the court will oblige such a parent to pay a fixed amount of child support payments. This is necessary so that the child is not affected by his financial changes.

In the case of setting payments in a fixed amount, the court will be based on the minimum cost of living per person established in the region of residence of the family. This indicator cannot be less than the established federal value, but in some regions it will exceed this amount.

If you have more than one child, the court may set this amount for each child, so in most cases it is more profitable to pay a set share of your income than a fixed amount.

Taking this into account, most parents settle for mediocre wages. In which they officially receive a minimum amount of income, and everything else is paid to them in an envelope in the form of black income.

Measures to combat non-payers

Lack of work is not an excuse for not providing funds to support your child. Therefore, this responsibility falls on both parents. The only exception here may be an established temporary or permanent disability of a person.

Every citizen must take all necessary measures to find work and provide their children with everything they need. If, during the absence of work, a parent has accumulated debt for several months, he is obliged to pay it off as soon as he has funds.

Measures to combat those parents who evade child support payments are provided for by a special law. According to it, the violator may be subject to penalties provided for:

• Civil legislation;
• Administrative Code;
• Criminal law.

When debt accumulates for these types of payments, bailiffs receive a wide range of powers, allowing them to take various measures of influence on the debtor. The main ones include:

1. Restriction of travel outside the Russian Federation . That is, if there is such a debt, the parent will not be able to travel to another country on a business trip or on vacation.
2. Impossibility of obtaining a loan from credit institutions on favorable terms . When making a request, all banks check the person’s credit history. But the check may include not only timely payment of loan payments, but also the availability of writs of execution for various other types of debts.
3. Inability to acquire new property as your own . Since it will be arrested and sold at auction. And the resulting debt will be compensated with the proceeds.
4. Inability to get a good position in government agencies . Since checking the reliability of a candidate in many structures includes checking the availability of writs of execution.
5. Deprivation of parental rights . This measure is applied in exceptional cases when it is proven that the parent maliciously evaded paying child support. A decision on deprivation can only be made by a court. However, various interested parties can file a claim.
6. Prison arrest . It is also appointed in exceptional cases, if the parent has maliciously evaded the obligation to pay child support payments several times.
7. Revocation of driver's license . This measure shows a positive effect, since many men cannot imagine their life without a car. And the risk of losing their ID forces them to start paying off the accumulated debt to the child.
8. In the case of official employment, funds will be deducted from the parent’s salary before it is issued. As soon as bailiffs receive information about a person’s employment, they immediately send a writ of execution to the accounting department of the organization. Based on the document received, the accountant is obliged to send these funds to the account of the child or his mother.

A friend of mine was unable to receive payments from her ex-husband for several months. He did not have a regular income, so the court ordered a fixed amount of payments.

But the husband avoided his obligation until the bailiffs filed an application with the court demanding the deprivation of the debtor’s driver’s license.

After receiving notice of this, the unscrupulous father began making monthly payments just to avoid losing his driver's license.

Step-by-step instructions: how to collect alimony

If the second parent is unemployed, but at the same time an able-bodied citizen, then he must pay maintenance to his child. Therefore, this reason is not a reason to justify his inaction. You need to take measures in the following order:

1. We are holding peace negotiations with the child's father . It is necessary to explain to him that, despite his temporary financial difficulties, he is obliged to support his children. Provide him with links to Family Law, because it is quite possible that he does not know it and therefore does not pay. Explain to the negligent father that otherwise you will have to go to court and he will still have to pay. Only in this case, the amount of recovery can be much higher.
2. If you manage to reach an agreement peacefully, you must draw up a voluntary agreement . You can do this yourself, or contact a specialist. In any case, it must be certified by a notary. The notary will check its compliance with all legal standards. It should not put one of the parties to the agreement in a difficult position. Based on this document, the father must make monthly payments to the child.
3. But unfortunately, most often it is not possible to reach an agreement, so further action will involve filing an application with the court.
4. We prepare the required package of documents . I talked about it in more detail in this article.
5. We draw up an application to the court . To do this, it is important to know which court you should apply to. This point will depend on your stated requirements. You can find out more about the application procedure in this article.
6. We submit documents in the most convenient way.
7. If necessary, we attend a court hearing. If the case is considered by order, the parties will not be summoned to court. City courts issue summonses to both parties to appear during the hearing of the case.
8. We receive a court decision. It can be challenged by either party if necessary. If no one files an appeal within 10 days, the decision will become legally binding.
9. Based on the decision, a writ of execution is drawn up. You can send it yourself to the bailiffs. But usually the court does this.

Based on the received sheet, the bailiffs open enforcement proceedings. During it, search activities are carried out, which provide information to the bailiffs about the availability of property from the debtor. Then the most liquid property is seized and sold at auction. The proceeds are transferred to the recipient of alimony payments.

If the debtor does not have any property and there is nothing to collect from him, the bailiffs will not be able to obtain funds from him. Therefore, the sheet will be returned to the applicant.

But this does not prevent the child’s representative from sending him back to the bailiffs to repeatedly reopen the proceedings.

In the course of identifying property and a person’s ability to pay child support, other measures for collecting funds, which I described above, can also be applied.

You can learn more about this from the presented video.

Where to apply

Many citizens do not know which court they need to apply to in order to collect the required alimony payments. And this is due to the fact that the consideration of these cases is carried out by:

• justices of the peace;
• city ​​(district) courts.

Here it is important to know the main differences that exist when determining the competencies of courts:

1. Magistrates consider cases in which the amount of claims does not exceed 50,000 rubles . That is, the amount of your claim will be only the amount of alimony payments that your children are entitled to. Magistrates determine a share of a person’s income or a fixed amount of payments, which depends on the cost of living.
2. City courts hear cases where claims will amount to more than 50,000 rubles . Also here, the claim may include divorce in the presence of common children under 18 years of age. Here you can also declare other requirements of a property and non-property nature. The main condition is that all of them must be presented to one defendant.

As a general rule, documents must be submitted to the court that has jurisdiction over the defendant’s address. But if you live with small children, you can go to court at your registration address.

Adviсe

Analyzing the practices of my friends, I recommend the following:

1. If your spouse or ex-husband does not provide funds for the maintenance of common children, be sure to act to receive the required payments . This responsibility falls on every able-bodied parent. Therefore, the lack of work for one of them is not an excuse for non-fulfillment of obligations.
2. Be sure to study Family Law . Additions and changes are regularly made to it. Therefore, in order to protect your rights, you need to know them. Only in this case will you be able to justify your demands.
3. Try to negotiate peacefully . In this case, you will spend less nerves and, perhaps, will be able to maintain a normal relationship. Explain to the other parent what is written in the law. And tell us about the consequences that will happen if he does not agree to voluntarily pay the funds.
4. Don't be afraid to go to court to protect your rights . After all, this is precisely what this authority was created for. You should not think that cases requiring alimony payments are considered for many months. On the contrary, they are resolved in most cases by order. Thus, within a month you will be able to receive the payments due to you.
5. In order not to delay the consideration of the child support case, file this claim as a separate claim . If, in addition to this requirement, you also resolve property issues in court or determine the place of residence of common children, make 2 separate claims. One of you will be sent to the magistrate's court, and the other to the city court. Thus, while you are arguing about the division of property in several meetings, the payment of maintenance to the child will be made for several months.

I recommend that all parents fulfill their child support obligations, since you may need financial support in the future. And in this case, your children will be obliged to help you financially. And if you are deprived of parental rights, you will not be able to count on this help from them.

Source: https://grazhdaninu.com/semya/alimentyi/s-nerabotayushhego.html

Child support from an unemployed father

Even if the child’s father does not work, this is not a reason for refusing to pay child support. The child's mother should understand that the father's responsibility is to support his child by paying him alimony.

If the father refuses to pay alimony due to lack of work and income, the child’s mother can go to court, which, based on the circumstances considered, will establish the amount of alimony payments.

In this article we will look at the amount and how to collect child support from an unemployed father.

Should a non-working father pay child support?

In order to understand whether the father of a child who is not employed anywhere should pay him alimony, you should turn to family law. In accordance with the Family Code of the Russian Federation (Article 80), parents must support their children until they reach adulthood, regardless of whether they have a working status.

This means that regardless of whether the parent has a job and a salary, it is his responsibility to support the minor child.

At the same time, the child’s parents can agree among themselves on the amount of alimony payments and the procedure for their provision (article ⇒ Alimony for a disabled child after 18 in 2018).

Important! Lack of work and, accordingly, wages is not a reason that exempts you from paying alimony.

Of course, for a non-working parent obligated to pay child support, the amount may seem like an unbearable burden. This is especially true for residents of those cities and towns in which the income is lower than the indicators in Russia.

Due to the fact that the legislation determines only the procedure by which alimony is calculated, and not its minimum amount, the issue of the amount of payment to parents should be resolved peacefully. To do this, they can enter into an agreement that will provide for a minimum payment that suits both parents.

In the event that the parents have not concluded an agreement between themselves, the minimum amount of alimony will be established by the court.

When making a decision, the court will take into account not only average indicators, but also the real life situation of the parents and the child.

That is, the amount of income, region, marital status, duration of the unemployed period, as well as the reason why the parent was left unemployed will be taken into account.

If the alimony provider does not refuse to support the child, then the court will approve the minimum amount that he will have to pay monthly. If he refuses to pay in every possible way, then the court will calculate the minimum amount according to the rules, based on the average salary in the country.

Sometimes the court sets alimony in a fixed amount, the amount of which depends on the previous level of financial security of the parents and the current financial situation.

Child support from a father who is officially unemployed

If a non-working father contacts the employment center, he is paid unemployment benefits.

The amount of this benefit depends on the average salary he received at his last place of work, as well as on the average salary in the region.

With this benefit, the father will have to pay alimony in the amount that will be stipulated by the agreement or by the court. It is worth considering that the amount of payment at the employment center is quite small and alimony from it will be low.

Child support from a father who did not apply to the employment service

If the child’s father is not employed, has no income and is not registered with the employment center, then alimony should be collected from him in the general manner, that is, in the amount of a share of his income. However, he has no official income, so the amount of alimony will be set in accordance with the salary at his last place of work, or the average salary of the region.

Alimony from an unemployed father of a disabled person or pensioner

When determining the amount of child support for an unemployed father who is disabled or retired, his total income will be taken into account. That is, both pension and disability benefits.

Moreover, if the income is less than the subsistence level established in the region, the state takes over the payment of alimony.

In this case, when determining the amount of alimony, the needs of the child will be taken into account, which means the mother needs to show how much the child needs money (article ⇒ Child support from the state in 2020).

Child support from an unemployed father with an unstable income

If the father has some kind of unstable income, then it will not be possible to collect alimony from him. Because it doesn't officially work anyway. In this case, the following solution to the problem is possible:

• Track money receipts and expenses. After a court decision is made to collect alimony, you will need to contact the bailiff and submit an application for tracking. This will allow you to find out the amount of income, and collect money based on this. But this will require a new trial.
• Obtaining testimony from witnesses about the income of the child's father. Witnesses who are not interested in the results of the court can testify about how much income the alimony payer receives.

An example of calculating child support from an unemployed father

Important! In order to determine how much a father must pay alimony if he does not work, then the average earnings for the region or for the Russian Federation as a whole are used. In accordance with this, the amount of alimony can be ¼ of the average earnings, 1/3 or ½.

If we consider that in Russia the average salary in 2020 is 30,100 rubles, then to determine alimony from an unemployed person, you can start from this amount.

Depending on the number of children to whom the father must pay child support, its size will depend:

• For one child, child support amounts to 25% of the salary, and in our case, 7,525 rubles. (30100 x 25%);
• For two children, a parent is required to contribute 30% of his income, that is, 9,030 rubles. (30100 x 30%);
• For three children - 50%, that is, 15,050 rubles. (30100 x 50%).

If the alimony payer is officially unemployed, then he receives benefits and the calculation will be different. To calculate alimony, the minimum wage will be used, equal to 5,965 rubles in 2018. Thus, alimony from an unemployed person will be:

• For one child - 25%, that is, 1491.25 rubles;
• For two children - 30%, that is, 1789.50 rubles;
• For three children - 50%, that is, 2982.50 rubles.

How can you collect alimony from an unemployed person?

When going to court, it will be determined in what amount the child’s father must pay child support, as well as in what ways this money will be collected. You can collect child support from a non-working father in one of two ways :

• as a certain share of his earnings;
• in firm terms.

In the first case, as noted above, the amount of alimony will be determined from the average salary established in the region. If we consider the advantages of this method, they consist in the fact that the alimony payer will accumulate debt.

If the child's father does find a job, the entire debt will be collected from his income. If the job never appears, the debt will be collected from his property. The disadvantage of this method is that the unemployed can contact the employment center and register.

In this case, alimony will be paid from his unemployment benefits, and as we discussed earlier, this amount is very low.

If the choice fell on the second method and it was decided to collect alimony in a fixed amount, then the advantage of this method is stability. That is, regardless of how much income the child’s father receives, or whether he has any at all, monthly alimony will need to be paid in the prescribed amount. However, there is also a disadvantage of this method.

If the child's father finds a well-paid job, alimony will remain in the same amount established by the court. Also hope that the amount set by the court will be equal to the subsistence level. Since the minimum threshold for alimony is not established by law, the court can assign it in the amount of even 10% of the subsistence level.

The court can make this decision based on the family and financial status of the payer.