Sadly, but it is unlikely in the near future in our country the number of claims for the division of property and the imposition of alimony will decrease. Since only a few separated couples can determine the amount of alimony by agreement of the parties, most often this issue is resolved in court. Considering the number of those who evade the payment of alimony, one of the quite natural questions arises: how to get them if the defendant does not officially work?
Instructions
Step 1
Sometimes a family accumulates such a number of problems and complaints against each other that it is no longer possible to solve them together. Most often, such a family has only one way out - divorce. It's good if the couple realized quite early that their marriage was a mistake. So, without having jointly acquired property and common children, it will not be difficult to divorce. However, when there are things that both claim, a lot of problems arise. The same goes for children. In most cases, they stay with their mothers (although there are exceptions). Some offended fathers begin to evade financial assistance from “their ex” in every possible way (forgetting that help is needed first of all for children), giving different arguments. Where can a woman, who is left alone with her children, run for help if her ex-husband does not officially work anywhere? There are several options: this is an agreement on the payment of child support and a lawsuit in the magistrates' court.
Step 2
Actually, an agreement on the payment of alimony is a way to agree amicably to parents without involving a court. Such an agreement is drawn up in good faith by each of the parties and is mutually beneficial. Such an agreement is in a simple written form, it must be certified by a notary. The amount of the alimony is set by the parties, since in our situation the husband does not work - it must be a fixed amount, but not less than one living wage per child. It should be said that some alimony payers agree to sign such agreements, planning not to fulfill them in the future. However, alimony payments are strictly controlled by law, and evading them may even result in criminal liability.
Step 3
A claim can be filed both at the place of residence of the defendant and the plaintiff. If the spouse really does not work anywhere, he must be registered with the employment service. There he receives unemployment benefits, from which alimony is deducted. The amount should be for one child - ¼ of income, for two - 1/3, for three or more children - ½ of the total income.
Step 4
If the parent does not receive benefits and is not officially employed, it is better to indicate in the statement of claim the specific amount that you would like to receive on a monthly basis. It will need to be justified. Otherwise, the court will charge alimony based on the average wage in the country. If the spouse evades the execution of the court decision, it is necessary to contact the bailiffs. Moreover, this must be done in writing, since oral agreements are often ignored.
