In accordance with current legislation, parents are obliged to support disabled and minor children, regardless of whether a marriage has ever been concluded between a man and a woman. Adults can also come to an agreement by agreeing to pay alimony to the party who has the child in support, having notarized the agreement. Such an agreement has the force of a writ of execution, it specifies the procedure, amount and method of payments.
It is necessary
A statement of claim to the court at the place of residence
Instructions
Step 1
Alimony can be paid in the amount of a share of earnings, as well as in a fixed amount. In some cases, the methods of payment for child support may be combined. If there is no agreement between the parents of the child, then the alimony is withheld on the basis of a writ of execution.
Step 2
When the organization receives executive documents for withholding alimony, they are registered in the prescribed manner and transferred to the accounting department against signature. The writ of execution remains in effect for the time at which the payments were awarded. The amount of deductions is: the 4th part of the income is paid for one child, the 3rd - for two children and half of the income - for three children or more.
Step 3
In order for the alimony to be counted, it is necessary to draw up a statement of claim by contacting the magistrate at the place of residence. And also attach a copy of the marriage registration and dissolution certificate, a copy of the child's birth certificate and documents giving information about income, for example, a certificate from the place of work.
Step 4
Based on this petition, the court can determine the payment of alimony in the form of a share of income, or, on its own initiative, recalculate the alimony in a lump sum. If the defendant has no earnings or other income, or the defendant has a variable and irregular income, the court establishes a fixed amount of alimony. Withholding is carried out from all types of income and additional remuneration.
Step 5
The calculation of alimony may also include the amount of property tax deduction provided to the employee, since this reduces the taxable base and increases income.
Step 6
You can receive recalculated alimony from a bank account, by postal order, or at the cash desk of the organization where the debtor works. However, the recipient must inform the accounting department of the organization where the alimony payer works by writing a statement indicating the desired method of receipt and the details of his account or mailing address.
Step 7
If the payer of the alimony is dismissed, then the management of the enterprise must inform the recipient of the alimony and the bailiff within three days.
