In accordance with Chapter 13 of the RF IC, alimony obligations arise in relation to minor children or disabled parents. You can collect alimony on a voluntary or compulsory basis as a percentage of the payer's income or in a fixed amount.
It is necessary
- - voluntary agreement;
- - application to the court.
Instructions
Step 1
If you want to receive alimony in a flat sum, draw up a notarial agreement on the voluntary payment of alimony for minor children or disabled parents.
Step 2
A voluntary agreement on the payment of alimony is regulated by Chapter 16 of the IC RF and is subject to strict execution along with a writ of execution, which is drawn up on the basis of a court order. In the agreement, indicate the amount, terms and form of payment.
Step 3
If you do not come to a voluntary consent, apply to the court. Alimony will be collected forcibly. The court will decide in what form the defendant will fulfill his financial obligations. Payment is possible as a percentage of the total income of the defendant or in a fixed amount. Most often, a fixed amount is established for persons who do not have a stable income, have no income at all, or are engaged in entrepreneurial activities with a simplified form of taxation, when the exact income is very difficult to determine.
Step 4
If the defendant's income is stable, then the court may order to pay alimony as a percentage. One child or elderly parent is charged 25% of the total income, for two - 33%, for three children and more - half of the total income.
Step 5
If the court has determined to pay alimony in a fixed amount, then the funds in this amount must be systematically transferred to the plaintiff's account, regardless of the financial situation of the defendant. This amount can be changed only by drawing up a new agreement by mutual agreement, if the alimony was previously paid under a voluntary agreement. If alimony was collected through the court, then the amount can be changed by filing a statement of claim and attaching documentary evidence to it that the defendant has more children or other dependents.
