When a couple who has children divorces, the question arises of paying child support. Of course, a lot depends on the personal qualities of the participants in the situation. However, there is an established procedure that describes the legitimate support payments. To get acquainted with it means to secure the path of departure for the future.
Material assistance to children, after a divorce, or alimony, is most often paid by the father. The mentality and customs of our society dictate this rule, but it is not elevated to the rank of law. So the situation may be in reverse order. A parent who remains with the children has the right to help until the children reach the age of majority. There are two ways to organize such financial relationships.
The first option is the conclusion of a notarized agreement on the payment of alimony between the two parties. This document stipulates the amount, terms of payment, terms of payment. He also describes the nuances associated with the change in the work of the payer and other details. This document is drawn up with the consent of both parties. Thanks to such agreements, it is much easier to receive child support. The procedure is free from conflicts and third-party interventions. On the other hand, it is important to understand that the conclusion of such an agreement will limit the ability to recover child support in a judicial proceeding.
The second option is to receive alimony as a result of a court decision. You can sue in the absence of a notarized, formal agreement, or in case of non-compliance. To file a lawsuit, you need a mandatory set of documents:
- certificate of income of your opponent;
- data from the home book of the claimant and his opponent;
- the statement of claim in duplicate;
- birth certificates of the child (s);
- original and copy of marriage certificate.
This package will be the basis for starting a business. The amount of alimony will be established during the consideration of the case. A court decision will help recover child support through the organization the opponent works for. In other words, the set amount will be deducted from the opponent’s salary until they receive funds directly. Of course, the collection is made only from the official salary, shadow income cannot be traced.
The court is also called upon to regulate material relations in the event of loss of work by an opponent, in case of a change of place of work, in case of a change of place of residence, country of residence, and so on.
The benefit is that today the legislative system has provided for most of the situations, thanks to which it has become possible to conduct a correct alignment of forces.
