The maintenance obligation is a legal relationship which arises on the basis of the legal facts provided by the law. According to the Constitution of the Russian Federation, all minor children have the right to contents from each of parents irrespective of, they consist in a legal marriage or not. Thus, alimony is a certain legal tool which protects the rights and the interests of children in this regard.
1. According to the family legislation, allocate two orders of payment of alimony: by a court decision and under the mutual agreement of the parties or independently. In case parents could not agree peacefully, then collecting alimony can be made through court. And has the right to dispose of this money that spouse with whom the child lives. Thus he can submit the action for recovery of alimony from the debtor. However, the maximum term from the moment of providing the court order is provided 3 years.
2. Payment of alimony is carried out directly under control of court by the organization where the debtor who is obliged to pay alimony works or studies. The fact is that deduction from the due salary or other income of the sum of alimony which corresponds to the size specified in the court order belongs to duties of the management of the organization. On the basis of the Federal law on enforcement proceeding the amount of deduction on alimentary payments can reach 70% of earnings of the debtor. In case of dismissal of the debtor and at receipt it for other work the administration of any given organization is obliged to report about it immediately to the bailiff in the place of performance of the judgment.
3. There is also it that the parent who is bringing up one child has no material claims to the former spouse at all. And that just makes the decision to independently transfer money to keeping of the child. Often spouses at a divorce make out among themselves the special alimentary agreement in which certain conditions of payment of alimony register. Such option is the simplest as allows to resolve all issues without conflict situations and judicial volokit. It is necessary to consider that it is desirable to certify this document at the notary that it had validity.
4. It is necessary to know that it is necessary to approach maintenance obligations responsibly and to accurately follow the rules established by the law. At malicious evasion from payment of alimony civil and even criminal liability is provided. It is always necessary to document transfer of money on keeping of the child. For this purpose also the usual receipt can quite approach. However the best way of calculations nevertheless are non-cash transfers of money for the savings book or to the settlement account. It is necessary to remember that in case of long failure to pay by the citizen the put alimony the collection of debt on them can be turned on any property of the debtor except for that property on which under the law the claim cannot be enforced.