How much is child support nsw

Child Support Calculator | Estimator

How Child Support is Calculated

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About the assessment calculator / estimator

The child support calculator estimates how much child support you pay or receive if you are an Australian separated parent. It applies the basic formula, as defined by the Department of Social Services (DSS) – see How It Works.

• The calculator / estimator is not designed for cases involving parents with multiple child support arrangements.
• Parents who have additional children living at home will have a lower liability or higher entitlement than indicated.
• A parent who receives an income support payment (such as Newstart) and has low reported income pays (i) nothing if they have at least regular care (at least 2 nights per fortnight) or (ii) $446 per child per year (2021 rate).

The calculator offers a reliable estimate of child support for the vast majority of parents, with the caveats above, and noting:

• Child support assessments normally just use the variables identified in the calculator form: taxable incomes, number and ages of children, and percentages of nights spent with each parent.
• The formula has been applied exactly as defined by the Australian Government.

For anyone entering into an arrangement involving a government assessment, Services Australia will ultimately determine the exact amounts payable or receivable. Assessments are based on the information supplied by parents and any other relevant information available.

What's wrong with our system?

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Income sharing and hybrid models

Alternative assessments are provided using income sharing and hybrid models. These models correct for conceptual and mathematical flaws in Australia's child support scheme. For further detail, see A Fairer System.

Purpose of child support

The Child Support Scheme was designed to ensure that both parents contribute to the cost of their children, according to their capacity. There are approximately 1.3 million parents and 1.1 million children involved in the Scheme, and more than 40 per cent of Australian families who receive Family Tax Benefit include a child support parent.

The Child Support Program was introduced in Australia in 1988 to strike a fairer balance between public and private forms of support for children [and] to alleviate the poverty of sole parent families. The Program has undergone a range of changes since its original introduction in the late 1980s, including the substantial changes on 1 July 2008 to the child support formula and the introduction of the Costs of the Children Table.

~ Australian Government

Maximum support

The maximum child support payable is also known as the “cap”. The maximum child support is applied to the combined income of both parents up to 2.5 times the annual equivalent of all Male Total Average Weekly Earnings (MTAWE) and calculated using the Costs of Children Table.

~ Law Handbook

CSA vs private collect

Separated parents will be registered with the CSA if either parent makes an application to the CSA for a child support assessment. Parents can choose whether to have child support paid via private arrangement between parents ("private collect agreement"), or have it collected from the non-resident parent by the CSA and paid to the resident parent ("CSA collect agreement"). According to the CSA's administrative data, [47%] of child support cases registered with the CSA were CSA collect cases; the remaining [53%] were private collect.

~ AIFS

Fair or unfair assessment?

Here is an income and care scenario which highlights issues with the child support formula. For more examples, see the examples page.

• The parents have shared care of 3 children, who spend 9 nights out of 14 with their mother.
• Basic child-raising costs were estimated based on formula costs for parents on average incomes.
• Both parents are on good incomes, with the father earning $25,000 more.
• Child support payments leave the mother in a significantly stronger financial position.

How Child Support is Calculated

1. Parent Incomes

The incomes of parents are an essential part of calculating child support in Australia.

Taxable income

The formula uses taxable income, which is the income you report to the ATO when you submit your tax return. It is your gross, before-tax income rather than net income. You'll have a smaller amount of income left to spend after paying income and other taxes.

Typically, the formula uses the taxable income reported in your most recent tax return.

Self-support amount

The formula assumes each parent needs a certain amount of income just to maintain themselves. This is calculated as one-third of annualised Male Total Average Weekly Earnings (MTAWE). The 2017 Self-Support Amount was $24,154.

Child support income

For the purposes of calculating child support, each parent has a Child Support Income. It is your taxable income minus the Self-Support Amount minus the costs of any dependents. Child Support Income quantifies your capacity to maintain children financially. As detailed below:

• the Parents' Combined Child Support Income is used to calculate Costs of the Children (or, for dependents, just one parent's income)
• the Income % for a parent determines the share of costs he or she must meet (via payments or care).

2. Costs of the Children

The financial costs of raising children are captured by the Costs of the Children measure. To calculate it, you need to use the Australian Government's Costs of the Children Table.

Number of children

The formula allows for the extra cost of more children. In approximate terms, a 2nd child adds 50% to costs compared to a single child. A 3rd child adds the same amount again (so 3 children cost twice as much as 1). Any more children make no difference.

Ages of children

In working out child support payments, there's a small allowance for a child's age. Children aged 13+ cost about 20% more in the Costs of the Children table compared to children aged 12 and under.

Child support normally stops when a child reaches 18, though continuation rules exist for children still in secondary education.

Income

The Costs of the Children measure increases with the incomes of the parents.

• If both parents have a taxable income below the Self-Support Amount, the Costs of the Children measure is nil.
• A cap on the Costs of the Children applies when the Parents' Combined Child Support Income reaches 2.5 times MTAWE. The cap normally corresponds with a combined taxable income of 3.167 times MTAWE (or $230k using the 2017 MTAWE).
• The highest Costs of the Children possible in 2017 was $51,448 – for high-income parents with 3 or more children aged 13+.

The treatment of income in calculating the Costs of the Children is controversial. Cost inflation is excessive at medium to high income levels (see examples).

3. Income Shares

The calculation of income shares is an important calculation step. For each parent, an Income % is calculated as his or her Child Support Income divided by the Parents' Combined Child Support Income.

The Income % is interpreted under the formula as the % of the Costs of the Children which must be covered by the parent. You can meet costs either by providing care for the children or by paying child support.

• For example, if you make 60% of the combined income amount – your Income % is 60% – you must meet 60% of the Costs of the Children.
• If, based on how many nights you have the child(ren), your Cost % is greater than this, you have excess cost credits and will receive child support.
• If, on the other hand, your Cost % is < 60%, your required financial contribution exceeds care costs and you must pay child support.

4. Cost Shares

When a parent has care of the child(ren), he or she gets credit meeting for child-rearing expenses. The % of the Costs of the Children for which you are credited is your Cost %.

Your Cost % is determined from your Care % using the Care and Cost Table (here).

• The Care % is the proportion of nights in a year for which you have custody of the child(ren).
• Typically, it is calculated by dividing the number of nights you have the child(ren) each fortnight by 14.

The Care and Cost Table produces differences between the Cost % and the Care %. The purpose of these distortions is unclear but, for many parents, the Cost % is roughly the Care %.

• While the Cost % usually approximates the Care %, it can be higher or lower due to a number of bends in the cost function.
• See the Division of Care section for more details.

5. Calculation of Child Support

To calculate child support, the final step is to multiply the Costs of the Children value by the difference between your Cost % and Income %.

• You receive child support if your Care % is > 35% and your Cost % > your Income %.
• You pay child support when your Care % < 65% and your Income % > your Cost %.

The Department of Human Services (DHS) is responsible for determining child support and notifying parties of how exactly much they must pay or are entitled to receive.

An assessment contains an annual figure, an amount which must be paid each month, and the current balance. Assessments can be altered to account for special circumstances through a Change of Assessment review.

Amount of maintenance per child \ Acts, samples, forms, contracts \ Consultant Plus

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A selection of the most important documents upon request The amount of maintenance per child (legal acts, forms, articles, expert advice and much more).

• Alimony:
• Maintenance obligations of children to support their parents
• Alimony obligations of spouses
• Alimony in 6-NDFL
• Alimony in a solid amount of
• Alimony of individual entrepreneur
• more ...

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Selection of court decisions for 2020: Article 120 "Termination of maintenance obligations" of the RF IC
(R.B. Kasenov) The court satisfied the plaintiff's claims to invalidate the decision of the bailiff on the calculation of alimony arrears. As the court pointed out, by virtue of paragraph 2 of Art. 120 of the Family Code of the Russian Federation, the payment of alimony, collected in court, stops when the child reaches the age of majority or in the event that minor children acquire full legal capacity before they reach the age of majority. In the case under consideration, one of the two children of the plaintiff, for the maintenance of which alimony was payable, had reached the age of majority. Thus, alimony for the maintenance of one child was subject to withholding, however, the bailiff-executor calculated the amount of alimony based on 1/3 of the plaintiff's earnings, which is not based on the law.

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Selection of court decisions for 2019: Article 120 "Continuation of alimony obligations" of the IC of the Russian Federation
(R. B. Kasenov) By virtue of paragraph 2 of Art. 120 of the Family Code of the Russian Federation, the payment of alimony, collected in court, stops when the child reaches the age of majority. At the same time, the court order of the justice of the peace did not contain information that the collection of alimony in the amount of 1/3 of the share stops when one of the children reaches the age of majority and then the alimony is subject to collection in the amount of 1/4 of the share. To reduce the amount of alimony established by the court, the bailiff-executor is not entitled to reduce. The reference to the fact that the bailiff had to apply to the court for clarification of the court order, but did not do this, does not indicate the illegality of his actions, since this appeal is a right, and not an obligation, of the bailiff. On the contrary, the debtor, being an interested party of enforcement proceedings, being active, was not deprived of the opportunity to resolve this issue. In addition, the court order contained no ambiguities and did not require clarification. Thus, the court dismissed the claim of the administrative plaintiff to declare illegal the decision on the calculation of the alimony arrears, the obligation to determine the alimony arrears.

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Situation: Whoever Do I have to pay child support and how much?
("Electronic journal "Azbuka Prava", 2022) If an agreement on the payment of alimony for minor children has not been concluded, they can be collected in court. The amount of alimony that must be paid monthly will be determined by the court. As a general rule, the amount of alimony is: for one for a child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. the court may increase or decrease the amount of these shares.

how to recover, sample statement of claim, amount of payments

Alisa Markina

lawyer

Author profile - a quarter, for two - a third, for three - half of the income.

With this approach, if one parent has a regular income, then the second one receives the same amount for children every month and can plan spending: on clothes, sections and tutors.

But if a parent is a piece-rate freelancer and gets 200,000 R one month and zero the next, it becomes difficult to predict how much money will come in a given month for a child. Therefore, the family code provides for alimony, the amount of which will not change from month to month. This is alimony in a fixed amount of money.

In the article I will tell you what it is, in what situations alimony is prescribed in a fixed amount of money, how to calculate and collect it.

What is alimony in a fixed amount of money

A fixed amount of money is a fixed, constant amount of alimony, which does not change from month to month, depending on the income of the alimony payer.

Child support can be collected as a share of official income, a fixed amount of money, or a combination of both. By law, children have the right to receive a fixed amount from their parents for maintenance so that their quality of life does not change from month to month. Therefore, alimony in a fixed amount of money is more profitable if the parent does not have a permanent income or he hides it.

/alimony/

How to calculate and pay child support

Also, if there are several children in the family and the child stays with each parent, child support can only be collected from a more affluent parent in a fixed amount of money.

Parents can agree on a permanent amount of child support and fix it in a notary agreement without a court order. The main thing is that the child receives no less than what is required by law. The agreement cannot be terminated unilaterally, it has the force of a writ of execution: if the debtor stops paying, the money under such a document can be forcibly recovered. I will tell you more about how to draw up an alimony agreement in a fixed amount of money below.

ch. 16 SK RF

You can also ask for a fixed amount of alimony in court, if there are grounds. For example:

• the second parent has a variable income;
• the other parent receives income in foreign currency or in kind;
• the second parent has no official sources of income;
• it is impossible, difficult, or it significantly violates the rights of children to collect alimony in a share. For example, if the official salary of the second parent is equal to the regional minimum wage, and he receives the rest in an envelope.

Art. 83 SK RF

In addition to children, other needy family members can claim child support in their favor. And only in hard cash. Disabled brothers and sisters, grandparents, and grandchildren have this right. Even with stepchildren, stepfathers and stepmothers - if there are no closer wealthy relatives.

/guide/to-file-for-support/

How to apply for child support

Legal framework. All maintenance issues are regulated by the family code - section 5 of the RF IC is devoted to this.

Chapter 13 of the RF IC defines the conditions for the collection of alimony from parents to children - both in shares and in a fixed amount - and from children to parents.

Chapter 14 of the RF IC establishes the conditions for collecting alimony in favor of spouses and former spouses. As a general rule, spouses should help each other. And the former spouse or spouse can count on help if he is raising a common child or if he has become disabled.

Chapter 15 of the RF IC is devoted to the issues of alimony to grandparents, brothers, sisters and other relatives.

When the court determines the amount of alimony, it is guided by Chapter 17 of the RF IC. And if relatives agree on alimony without a court - in a notarial agreement, then they should be guided by Chapter 16 of the RF IC: it is devoted to the conclusion, amendment and termination of alimony agreements.

Pros and cons of alimony in a fixed amount of money

There are no pluses or minuses in a fixed amount of alimony for relatives other than children: this is the only possible option.

But child support in a fixed amount of money can sometimes be more profitable, because it guarantees stability: if the parent who pays them earns less than usual in some month, the child will not suffer. This ensures that the child will maintain a normal standard of living in any case.

We told the story of a pilot who wanted to reduce child support for his eldest son. It was about the share of alimony, but it was not possible to reduce them: the mother and her lawyer argued that this would change the child's habitual lifestyle.

It is also more convenient to calculate alimony in a fixed amount of money. For example, when a child stays with each of the parents, but one of the parents is better off.

There is only one minus: if the parent who pays alimony starts earning more, and the other parent does not find out about this and does not demand in court to increase the amount of alimony, then the child will receive less than he could. However, a loving parent, if he has more opportunities, will offer to pay for the child, for example, additional classes or a trip abroad.

/dolgi-roditelya/

What the other parent of the child owes you

Grounds for setting alimony in a fixed amount of money

Fixed child support the court appoints to ensure a stable quality of life for a child. As I wrote above, this is relevant when a parent has an irregular, changing income, or he receives it in kind or in foreign currency, or he does not have it at all. For example, such alimony is often collected from entrepreneurs.

para. 6 paragraph 3 of section 3 of the review of judicial practice in cases of recovery of child support PDF, 409 KB

Alimony payments to a child with a disability after 18 years are provided if he is unable to work. The Plenum of the Armed Forces of the Russian Federation considers disabled children with any group of disabilities. If children simply cannot find work without education or are busy studying, then they are not considered disabled.

item 7, para. 2 p. 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56PDF, 451 KB

Mother and father have equal obligations to support a child with a disability. If the parents and the disabled child do not agree among themselves on the amount of alimony, they will be determined by the court, taking into account the financial and marital status of the child, each of the parents and other noteworthy circumstances. At the same time, the court always appoints alimony for adult disabled children in a fixed amount of money.

st. 85 SK RF

If an adult with a disability is not recognized as incompetent, then he independently applies to the court. If recognized, the guardian applies to the court.

The court takes into account how much the applicant with a disability needs to meet his needs and deducts the state pension from this amount. The court also finds out what other relatives can support him: for example, whether he has a spouse.

/divorce-deti/

"The child must not be separated from the mother": 10 questions to the lawyer about the rights of parents in a divorce benefit of other relatives, loans, penalties under executive documents. All of these factors will affect the amount that the court will charge. Maybe the court will generally decide that the pension from the state is enough.

For the maintenance of a spouse , alimony is always assigned in a fixed amount of money.

Art. 90 SK RF

The following can claim maintenance for themselves:

• wife during pregnancy and up to the third anniversary of a common child;
• the father of a child under three years of age, if he sits with him, and the mother has withdrawn from education;
• a needy spouse who cares for a common child with a disability up to 18 years of age or a child with a disability from childhood of the first group, regardless of age;
• disabled needy ex-spouse.

paragraph 44 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 No. 56PDF, 351 KB

According to the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 No. 56, spouses and former spouses are considered disabled if they have any disability group. Or if they have reached retirement or pre-retirement age - 55 years for women and 60 years for men.

So what? 03/22/19

Alimony for pre-pensioners: who will pay and how to get

A disabled spouse is entitled to apply for maintenance after a divorce if he/she:

1. received a disability before the divorce or within a year after it;
2. reached retirement age within 5 years of divorce if the marriage was long-term. How long - the family code does not say. So, in each case, it will be up to the court to decide.

At the same time, according to the Supreme Court of the Russian Federation, the former spouse will be entitled to alimony not only if he registered a disability during the marriage, but also if he received a disability earlier. This means that marriage to a person with a disability or a pensioner is a potential risk that in the event of a divorce, you will have to pay alimony. Although if the marriage was short, then the court may refuse to collect alimony.

paragraph 45 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56PDF, 351 KB

Payment of alimony to parents from children is possible if the parents:

1. are not deprived of parental rights.
2. Fulfilled their parental duties, including financial support for their children.
3. They need extra money, which they have nowhere else to get, and children can help them financially.

st. 87 SK RF

If the children can prove that the parents once evaded parental responsibilities, the court may refuse to collect child support from the children. But he may not refuse - in such disputes, the question of the amount is more important. For example, if the father demands 20,000 R per month, and the son asks to dismiss the claim because the father disappeared immediately after his birth, then the court may not refuse the claim completely, but collect only 500 or 1000 R per month.

What to do? 12.04.19

Can biological parents get maintenance from their children?

The court also takes into account the material needs and capabilities of the parent: whether he receives a state pension and other payments, whether he needs housing and expensive treatment or care, whether he has a spouse and other children who are obliged to help, how much money he needs and how much he already receives from other sources.

In the same way, the court takes into account the financial and family situation of children: how much money an adult child has after paying off loans, enforcement orders, paying alimony, is this amount enough for all members of his family.

/list/platite-detishki/

What to do if the children do not help: 5 court cases of child support

but divide the amount needed by the parent, taking into account all the children.

For example, Nikolai Stepanovich has four children, and he only demands money from Masha's daughter. If he lacks 5,000 R per month for treatment, then the court has the right to recover only 1,250 R per month from Masha. At the same time, he does not have the obligation to divide the amount of alimony for all children.

How to calculate maintenance in a fixed amount

The relative who applies for maintenance must justify its amount, and the court must assess whether the plaintiff really needs such an amount and whether the defendant can pay that much. That is, the court always starts from the requested amount - it does not come up with it itself. If the plaintiff does not indicate the amount of alimony in his claims, the claim will not even be considered.

The main task in calculating child support in a fixed amount of money is to maintain the child's previous standard of living to the maximum. Here are the circumstances the court draws attention to:

1. How the child was provided for while the parents were married or while the other parent paid child support voluntarily.
2. Does the child go to a music or art school, in sports and dance sections, in other additional development institutions - and how much does it all cost.
3. How much does a parent living separately earn and what kind of property does he have, through which he can provide for children: real estate, vehicles, bank deposits.
4. Whether the second parent provides for other relatives.

Review of judicial practice in cases of recovery of child support PDF, 409 KB

At the same time, child support can be collected simultaneously in shares and in a fixed amount if the parent’s salary is small and he has additional sources of income.

For example, Ivan's salary is 40,000 R, but he earns another 60,000 R as a freelancer. His only child, Pasha, has asthma and needs money for treatment. The court may assign alimony in the amount of 25% of the salary and another 10,000 R on top - for treatment-related expenses.

In this way, two principles are observed: a son will always have money for treatment, regardless of his father’s income, but, like children from a complete family, he can receive a different amount for education, food and clothing, depending on whether his father will work.

Alimony for adults is collected only as assistance, and not as full maintenance. Therefore, when the court calculates their amount, it takes into account whether the alimony recipient has housing and other property. As well as money from other sources - scholarships, pensions, benefits. The court also takes into account whether the alimony payer has other relatives whom he supports, obligations under loans and court decisions.

/prava/soderzhite-detei/

Support rights

An adult applying for support will have to prove the amount of necessary expenses not covered by the state. That is, that he really needs additional treatment, nutrition and care. At the same time, the court may not recover the entire requested amount - it depends on the capabilities of the alimony payer.

For example, a parent is seriously ill. He needs 60,000 R per month for a nurse and medicines, while his pension is only 20,000 R. All expenses are supported by medical documents. But if a child earns only 30,000 R and keeps his children and wife on maternity leave, then he will definitely not be charged the entire amount the parent needs.

How to draw up an agreement on alimony in a fixed amount of money

Any relative can enter into an agreement on the payment of alimony in a fixed amount. But if it is about alimony for children, then in their interests it is signed by a parent, guardian or other legal representative. In the same way, if an incompetent person receives alimony, then the guardian signs the agreement instead.

Any agreement on the payment of alimony is concluded in writing and certified by a notary - no matter how the parties agreed to pay them: in shares or a fixed sum of money.

Art. 100 SK RF

As a rule, an agreement is concluded if there is no dispute between relatives about the amount of alimony. This is faster than going to court, but more expensive: you will have to pay a state fee and pay for notary services. State duty for certifying an agreement on the payment of alimony - 250 R.

paragraphs. 9 p. 1 art. 333.24 NK RF

All documents that are subject to certification are drawn up in the notary's office for a fee - this is called legal and technical services. Most likely, it will not work to come with a ready document and not pay for the services of a notary - we wrote about this in another article.

The cost of legal and technical services varies by region. For example, in 2022 in Moscow, the service for drawing up an agreement on the payment of alimony costs 8000 RUR, and in the Orenburg region - 6400 RUR. This means that if a relative stops paying under an agreement, then it is enough to take the agreement to the bailiffs so that they begin to collect money forcibly.

A notarial agreement can be challenged in court if it violates someone's rights.

/prava/poluchite-alimenty/

Rights when receiving alimony

For example, parents from the Nizhny Novgorod region entered into an agreement that a father would pay alimony for two sons. Later, the sons moved in with their dad: one turned 18, and the place of residence of the second with dad was officially determined by the court.

The mother went with an agreement to the bailiffs to collect money in her favor, as if her sons were still living with her. The father asked the court to invalidate the agreement, and the court agreed with him.

How to collect alimony in a fixed amount of money through the court

Until October 1, 2019, justices of the peace dealt with disputes about the recovery of alimony. Now they only issue court orders for the recovery of child support for minor children as a share of income. Therefore, for a decision on the recovery of alimony in a fixed amount of money, you must apply to the district or city court at the place of residence of the plaintiff or defendant. Which court to go to is chosen by the one who applies for alimony.

Art. 23, Art. 29 Code of Civil Procedure of the Russian Federation

Contents of the statement of claim. In the lawsuit, you need to explain how much and why you want to receive from your relative and how you can prove that the relative can pay such an amount, that is, justify your position in detail. But, judging by practice, this can not be done if we are talking about alimony for a minor child in the amount of the subsistence minimum.

Art. 131 Code of Civil Procedure of the Russian Federation

Sample claim for the recovery of alimony

When applying to the court, you need to provide detailed information about who you are making demands on so that money is not debited by mistake from the debtor's namesake. In addition to the defendant's address, it is worth indicating:

• his date and place of birth;
• place of work;
• details of any document - passport, TIN, SNILS, driver's license, vehicle registration certificate.

If you don’t know any of this, don’t worry: the court will independently request information about the relative.

Documents. A document is attached to the copy of the statement of claim for the court, which confirms the sending of a copy of the claim to the defendant. Usually this is a notice of delivery of a registered letter signed by the defendant. Or the defendant can sign a copy of the claim. The court is obliged to send the defendant only subpoenas and judicial acts.

Art. 132 Code of Civil Procedure of the Russian Federation

It is also necessary to confirm the family relationship between the one who wants to receive alimony and the one from whom they are being collected, because alimony is an obligation of a family legal nature. Suitable for this:

1. child's birth certificate, if maintenance is collected from a parent or, conversely, from an adult child for the maintenance of a needy parent;
2. marriage certificate, if maintenance is collected from the spouse;
3. certificate of divorce, if alimony is collected from the former spouse.

The requested amount of alimony can be confirmed:

1. checks for the purchase of clothes, shoes, food and other essential expenses;
2. receipts or checks for payment for kindergarten, private school, sections;
3. receipts or checks for payment of medicines and medical procedures prescribed by a doctor.

/alimony-stat/

Alimony through the eyes of statistics

An adult disabled person can confirm the need for alimony:

1. with a certificate from the Pension Fund of Russia stating that he does not have enough pension points for labor pension and / or age for social pension;
2. certificate of disability due to a serious illness that requires outside care and expensive medicines that the state does not provide;
3. a certificate from the employment center stating that a person cannot be registered as unemployed.

Documents on expenses can be anything. But if a pensioner or a person with a disability already receives a pension from the state in the amount of more than the regional subsistence minimum for pensioners, then in order to assign alimony, the costs must be special. For example, paying for a nurse or rented housing if you don’t have your own, and you can’t live with relatives.

Documents on the property of the defendant can also be attached to the claim, if the plaintiff has them. If not, the plaintiff may file a motion for the court to request documents from the defendant, his employer, Rosreestr or the traffic police.

Art. 57 Code of Civil Procedure of the Russian Federation

If it turns out that the defendant has several apartments and cars, then it can be assumed that he has a stable financial situation and he can pay alimony. The defendant's high position can be confirmed, for example, by a printout from the company's website, where the management team is indicated. And if the defendant is the head or participant of the LLC, then with information from the Unified State Register of Legal Entities from the website of the Federal Tax Service.

If you need to receive alimony for the period before going to court, you will have to prove that you have already tried to receive alimony out of court before.

Art. 107 SK RF

section 6 of the review of judicial practice in cases of recovery of child support PDF, 125 KB

Evidence can be registered letters with notifications, e-mails, canceled court orders for the recovery of child support, documents from law enforcement agencies on the search for the defendant. And the defendant himself can recognize the claim for the recovery of alimony for past periods.

The amount of state duty for filing a claim for the recovery of alimony is 0 R, that is, the plaintiff does not need to pay it. But if the court satisfies the demand for the recovery of alimony, then the state duty will be recovered from the defendant. Then its size is 150 R.

paras. 14 p. 1 art. 333.19

par. 2 p. 1 art. 333.36 Tax Code of the Russian Federation

Art. 154 Code of Civil Procedure of the Russian Federation

Deadlines for consideration of the application. The judge must consider the dispute on the recovery of alimony within a month from the date the claim was received by the court.

These are official dates. They can be influenced by various circumstances. For example, bodies or organizations from which the court has requested information and documents may not provide them on time.

Or if the defendant is already paying alimony to someone, then these people will be involved in the lawsuit as third parties who do not make independent claims. So they are informed that the defendant, after the trial, will be obliged to pay alimony to someone else.

Art. 43 Code of Civil Procedure of the Russian Federation

It is not necessary for third parties to come to court, but if they decide to attend, this may delay the consideration of the case. For example, if the court asks them for some documents

Grounds for refusal of alimony in a fixed amount of money

If the child is already an adult and capable , the court will refuse to collect alimony from the parent.

For example, in 2018 in the Krasnodar Territory, a guardian grandmother demanded that her granddaughter's father reimburse the expenses of his daughter's paid higher education. The courts of first instance and appeals decided that the father deprived of parental rights and the guardian-grandmother, who replaces the mother, bear equal obligations to support the daughter. Therefore, 50% of the tuition fee was collected from the father for the first semester paid by the grandmother, and for the next 5 years of study.

The father complained to the Supreme Court of the Russian Federation, and he canceled the judicial acts for two reasons:

1. By the time the lawsuit was filed, the daughter was already 18 years old, that is, the grandmother’s right to act in the interests of her granddaughter as a guardian ceased.
2. The Family Code does not require parents to pay for adult children's education, and the court can only force parents to help adult children in exceptional circumstances, such as if they are seriously ill.

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Once I tried to collect alimony from my father in favor of the adult Elvira, who was a full-time student at a college on a commercial basis. We did not make the first mistake of the grandmother from the story above and filed a lawsuit from the daughter to the father. But the outcome of the case was the same: we went to the Supreme Court and received a decision to dismiss the claim due to the fact that the father is not obliged to help an adult daughter without a disability.

Until 2017, in such disputes, judges sometimes used the term from the law "On Labor Pensions in the Russian Federation" that full-time students under the age of 23 are considered disabled, and collected alimony in their favor. Some of these decisions were even enforced, perhaps because of the unwillingness of parents to appeal against them and sue their own children.

For example, in Krasnodar in 2014, a father asked to be released from paying alimony in favor of his adult son, who is studying at the university. The father pointed out that his son did not have a disability and had a scholarship. But the justice of the peace, and then the district court, which considered the appeal, decided that the father should pay his son 1 minimum wage monthly until the age of 23 or until graduation. The judges considered that the father works and can find additional income, so he must help his son.

But in 2017, the Supreme Court explicitly clarified that full-time, able-bodied adult children are not entitled to child support from their parents.

paragraph 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56PDF, 351 KB

If the amount of alimony is established by the current agreement , the court will not recover them. If the agreement is not fulfilled, first you need to send a claim to the one who promised to pay alimony. If you do not set a deadline for responding to a claim and it is not set by the agreement, you need to wait 30 days for a response.

Art. 101 SK RF

Art. 452 of the Civil Code of the Russian Federation

If this does not help, you can go to court at the same time for termination of the agreement and recovery of alimony. You can also ask that the agreement be declared invalid. For example, if it infringes on the rights of children and according to it, alimony is less than according to the law.

If the marriage was short, the other spouse behaved unworthily or received a disability due to his own fault - due to alcohol or chemical addiction or the commission of an intentional crime, the court will not collect alimony in favor of the spouse or former spouse. At the same time, even if the marriage was short, but the wife received a disability due to a difficult birth, this does not deprive her of the right to alimony.

Art. 92 SK RF

paragraph 10 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56PDF, 351 KB

refuses alimony in a fixed sum of money. In this case, alimony will be collected in a share, and not in a fixed amount.