Children are entitled to receive child support after they reach the age of majority., like a parent, keeping them alone, He told ABF "Economics today» lawyer, partner of the law office "UK Gessen" Natalia Aksenova after the press conference "Why bailiffs record the growth of alimony debt", which was held by the Patriot Media Group and the Federal News Agency, which is part of it.
“One of the mothers filed a claim for the recovery of alimony for the child, over eighteen years of age. Her, of course, refused. However, she did not give up and began to appeal the decision..
Recently, the Supreme Court of the Russian Federation, considering the appeal of a woman, supported her and indicated, what alimony after 18 years are compensatory. That's an interesting definition.", the lawyer said.
If one of the parents, explains Natalia Aksenova, independently cared for the child, while not receiving assistance from the second parent, he has the right to reimbursement of these expenses, including after the age of the child. That is, a citizen can apply to the bailiff service and collect alimony payments, because the parent, which alone contains the child, actually bears the cost of the other parent, and he is entitled to claim compensation for his expenses.
“Then such funds will be considered compensatory. And non-paying fathers will not be able to wait for the child to come of age and think, that debts have been written off. No, this is not so - the bailiffs will pursue them even after the specified age of the child has come. ”, - added by the interviewer.
Don't be content with little: why ask for alimony
Meanwhile, the lawyer stressed, that parents, caring for children without the support of another party, it is necessary not to be afraid and very resolutely use all existing legal measures to influence non-payers.
“There is a possibility of administrative or criminal prosecution of the evader. for example, if alimony has not been paid within two months, then, at the request of the claimant, it is allowed to initiate an administrative case, and later criminal.
As part of these measures, the bailiffs will search for the debtor throughout the Russian Federation, not limited by the boundaries of some subjects. If, within a year, the evader cannot be found, then the claimant has the right to apply to the court for the recognition of such a parent as missing and receive after the survivor's pension. But these payments are small., therefore, I would advise single parents after a divorce to act as efficiently as possible through the bailiff service., - explained Natalia Aksenova.
Average defaulter, notes the lawyer, in any case receives a certain income, which can be found, even if he tries to hide it carefully. Then the evader can be influenced morally, forcing him to choose between criminal liability or the payment of alimony.
back side: what should good payers do?
Despite Russian statistics, which speaks of an increase in office work due to non-payment of alimony in the country, can be said about the parents, not only ready to provide financial support to their children immediately after the divorce proceedings, but also do it for many years.
However, good fathers often, making monthly transfers to the accounts of ex-wives, facing ex-wife pressure, approving, that there is little or no money, and requiring even more funds.
“The law provides for a certain percentage, which is collected from the parent, – 25% for every child. That is, a certain part of the alimony salary should go to the child. The percentage can be set both in the course of a voluntary agreement of the parties, and the decision of the court, – said Natalia Aksenova.
Usually a writ of execution is presented to the bailiff service or at the place of work. In the second case, the employer’s accounting department is responsible for transferring funds, indicating the purpose. In the first - the redistribution of funds, received from the payer, bailiffs are engaged, which list their second parent.
“If the father is ready and wants to spend extra money on the child, then in this case, when transferring money to the mother, you must specify the detailed purpose of the payment, eg, "For a gift to a child" or "Additional alimony". Then it will be easier to prove your innocence when going to court., - summed up Aksenova.
Alexander Melnik
