What if a former husband does not pay alimony? Instructions for former wives
Former husband does not pay almes on a child? Detailed instructions for ex-wives, what ways to force dad child to pay alimony. Where to apply, what laws are guided in this situation
Extremely widespread, alas, the situation where a former husband refuses to pay alimony for a child. Reasons for such behavior of a man can be WHO and a cart, but none of them, of course, will not justify such an attitude to your own child. How to be in this case? What are the ways to achieve from the former husband of paying alimony?
Why do men do not want to pay alimony?
- Revenge of the former wife. Most divorce in our country occurs on the initiative of women. And men, leaving, often throw phrases, like «Once this independent, then the child itself and raise! And no penny from me!». Unfortunately, in conflicts with wives, husbands often forget about the well-being of their children, who will turn into a mustache.
- Poorly developed father’s instinct. Too leaving husband from home care wife should know that he is unlikely to be the responsible dad in case of divorce. The spoiled husband becomes the dependency for whom the wife does everything. And getting ready in marriage that changing the child diapers, spun and feed, drive into the garden and school, after the divorce, of course, not even think about the alimony.
- Protest. This situation is very common. Wife prohibits a former husband to meet the baby, and the husband, in turn, refuses to pay alimony to the retaliatory.
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No opportunity. Social plants over the past decades have changed beyond recognition. And if earlier to earn a lot – it was a male duty, or incomes were equal, now the woman often earns much more husband. And after the divorce, already creating his new family, a man cannot understand – for what, in fact, he will pay alimony from his tiny salary, if the ex-wife has three times more money than he has. Read, how to survive a divorce with my husband?
- Egoism. Sense of responsibility – it is or there or not. What about children «Former» do not happen. A man who ignores the fact that his child needs food, clothing and training, can fix only bailiffs.
Important information about alimony
For those who do not know how much the former husband is obliged to pay to her child:
According to Article 81 of the RF RF, The amount of alimony equals the fourth part of earnings (including other income) per child. On two children, one third part is paid, three – fifty percent of income.
If a former husband conscience and responsibility did not lose, then he does not have to ask him. If he works in the civil service, then the money will be listed by the accounting directly from his salary.
What is there to do, If you know about his big income, but officially the former husband is recognized as unemployed and Does not pay alimony?
- It is worth remembering that it is not possible to sue for a former husband if he does not have an official job. But there is such a thing – «Solid money», Defined by the court taking into account the provisions of both parties. That is, the size of this amount cannot be lower than the minimum level of income.
- Prepare in advance to the fact that you can not get money Even with a positive judicial decision regarding alimony. How to be? Work with bailiffs. They will announce the defendant wanted. And at the first official employment, a debt paper will come to the work of the former husband.
- The abillment refers to its work challenging? Send statements yourself or appeal its actions in court.
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Failure «Children’s» of money more than six months is considered malicious evasion, and the defendant can be criminalized. Not paying more than six months? Take a certificate from the bailiff in which the amount of debt is affixed and contact the police with the relevant statement – the husband will be obliged to bring to criminal liability. And such a statement filed in court can cause the arrest of the husband’s property within the borders of the debt and the forced sale of this property.
It is worth noting that criminal liability, in this case, deprivation of freedom does not provide for, but the very fact of a possible criminal record is often forcing the negligent father to take care of an urgent payment of money. If it did not help, then «leopard change his spots», And it makes sense to file on deprivation of parental rights.
How to achieve the payment of alimony from the former husband? Options solving the problem
- First you need to try negotiate. That is, to explain to the ex-husband that one mother’s salary for decent education is missing, and the help of the father is simply necessary.
- Husband does not react? Then you can contact the police and write a statement under article «Evasion» To attract a husband to court. It rarely happens that «Uklonist» really «Sale» (the maximum term is three months), but they can sentence to correctional work.
- Former husband does not work anywhere? Irrelevant. Pay regular maintenance it is still required. He has no money? Bailiffs decide this question quickly, by removing property.
- Ex-husband disabled and gets relevant pension? Even this does not frees it from alimony. Exceptions for various categories of citizens.157 does not provide.
- Husband works informally? Exit – Addressing the police and identifying the attic positions (property) debtor.
- Husband deprived parental rights? Irrelevant! He still (by law) is obliged to pay alimony.
- Child has been eighteen years old? The amount of debt does not say goodbye, While all it will not be repaid.
Lee alimony after the divorce of civil marriage?
Definite. Little of, You can count on alimony and need, Even when a civil husband is officially paternity not recognized. But for this will have to establish paternity in court.