Couples who have a common child, when they divorce, face the issue of paying alimony. In cases where the parent paying the alimony is officially employed, paperwork and questions about the size of the payments, as a rule, there is less. But, what if the parent does not officially work anywhere? About how much the alimony must be paid by the unemployed and how to collect them, if he is not registered with the State Employment Center and will be discussed in this article.
Signing an agreement on the maintenance of minors
In case of divorce, parents may, together with a notary, sign an agreement specifying the permanent amount of alimony paid. This is possible if the parents were able to resolve the issue peacefully and the amount that will be paid, suits both parties and corresponds to the needs of the child.
Recovery of alimony from a non-working judge
If the parents were unable to sign the agreement through negotiations, the decision on the amount and payment of alimony is taken by the court. Officially unemployed is a citizen who, within the limits established by law, has been recognized as such. To do this, he must be registered with the State Employment Center.
If an unemployed person receives an unemployment benefit, the minimum amount of alimony from the unemployed is a part of the income of the citizen at the previous job or from the average salary in the region or region. In cases where the amount of payment of alimony to the unemployed is too low, the court can decide on additional payment of the remaining funds from the state treasury. In this case, the citizen immediately after employment is obliged, in addition to alimony, to repay the debt to the state. However, in practice, funds are more often transferred to debt status.
How to collect alimony from a non-working but informal income?
Before submitting an action to the court, it is necessary to prepare documents confirming the existence of a citizen's income or to provide the court with uninterested witnesses. In the event that the income of a citizen is not permanent, the court assigns alimony in a fixed sum of money.
The amount assigned to the court, the payer of alimony must be paid in full monthly, regardless of whether it works or not. Such a solution has disadvantages, since the payer can receive more income with time, but the amount of alimony will remain the same.
The amount of alimony from the unemployed in 2013
The minimum amount of alimony for a child in the territory of the post-Soviet countries is about 40 dollars. If the amount of alimony is less than 25% of the subsistence minimum in the region where the child lives, it is increased from $ 40 to that mark.
The amount of alimony, as the share of income
If the amount of alimony is accrued from the incomes, then one fourth of the payment is due for one child, two-thirds of the income for three children and one-half of the monthly income for three or more children.
The amount of alimony as a fixed amount
The minimum amount of alimony for a fixed amount of a court is a quarter of the average subsistence minimum for the region in which the child lives.
The calculation of alimony from an unemployed person can not exceed 70% of the total amount of his income.
Alimony is paid until the child reaches 18 years of age.
Non-payment of alimony
Alimony, which the payer does not pay, go to the status of debt, which the latter is obliged to pay off. If the payer evades payment or is unable to pay the accumulated amount, the bailiffs have the right to seize the property belonging to him in favor of repaying the debt.