Parents are required by law to support their minor children, regardless of whether they have income themselves. In the event of divorce or deprivation of parental rights, parents are required to pay child support. In the event that a court decision was made, or an agreement was concluded on the payment of alimony, but the money was not transferred, a debt is formed.
It is necessary
- - performance list;
- - court order;
- - a notarized agreement on the payment of alimony.
Instructions
Step 1
The calculation of alimony arrears for the past period on the basis of a writ of execution, as a rule, is made within the past three years. However, in this case, the amount of debt must be calculated until the entire amount is repaid. In this case, the limitation period cannot be applied.
Step 2
Debt repayment is calculated based on the equivalent in which the payment of the alimony debt was awarded. This can be a fixed amount or a certain percentage of income.
Step 3
In the event that the alimony was ordered to be paid in a fixed amount, then this figure must be multiplied by the number of past months during which the debt arose and add the amount of the current alimony. However, the total amount should not exceed 70% of the debtor's income.
Step 4
When paying debt as a percentage of income, it is necessary to sum up all the debtor's income for the past period and divide the amount by the number of months in the billing period. Thus, the percentage of the amount of alimony for one month is obtained, which must be multiplied by the number of past months. However, the amount received should also not exceed 70% of the income.
Step 5
If during the past period of the formation of the alimony debt, the debtor did not officially work anywhere and did not receive income, then the amount of the debt is calculated based on the minimum wage. In the event that the debtor has several children and the alimony debt was common, the maximum percentage of deduction from income must be distributed equally among all children.
Step 6
The financial debt for alimony can be canceled only in two cases: in connection with the death of a child or a debtor. If the interests of one of the parties to the process are violated during settlements or direct repayment of debt, then the party whose interests were violated has the right to go to court.
