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How to find out if i owe child support in illinois


Erasing overdue child support through the Clean Slate program

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Note: Covid-19 is changing many areas of the law. Visit our Covid-19 articles for the latest information.

Clean Slate is a program from the Illinois Department of Healthcare and Family Services that helps to reduce the amount parents owe to the State while encouraging them to make their current support payments to their family.

If the paying parent owes past due child support debt to the State of Illinois, Clean Slate can help them erase the amounts they owe. Child support debt arises if the State of Illinois provided public assistance to the family of the dependent children in a child support case.

Kinds of payments that can be erased

Clean Slate can help parents to erase the past due child support debt and interest that is owed to the State of Illinois.

Clean Slate will not:

  • Erase or reduce the amount of past due child support payments the paying parent owes to the custodial parent; or
  • Stop or reduce the child support payments that the paying parent may have to make in the future.

Qualifications

In order to qualify to have their past due child support debts erased with Clean Slate, the paying parent must be able to prove that they did not pay their past child support because:

  • They were unemployed;
  • They were in prison; or
  • They had a serious illness which prevented them from making their payments.

The paying parent will have to provide documents proving that they were unable to make their past child support payments, such as:

  1. A letter from your former employer stating when your employment ended due to layoff, factory closing, etc. ,

  2. Prison discharge or parole papers,

  3. Proof of disability or a doctor's statement,

  4. A statement of earnings from the Social Security Administration.


Making future payments

Clean Slate only erases past due child support payments that are owed to the State of Illinois. The parent must still make future payments.

The paying parent must make their regular ordered child support payments for 6 months. Once they make their support payments, the debt owed to the State will be removed. They must then agree to continue making future payments, including past due payments to the other parent.

More information

To get more information about Clean Slate or to request an application visit Child Support Services: Clean Slate Program or call 1- 800-447-4278.

Last full review by a subject matter expert

July 22, 2020

Last revised by staff

July 22, 2020

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Can You Go To Jail For Not Paying Child Support in Chicago, Illinois?

Posted on April 13, 2022

You can definitely be put in jail for not paying child support in Chicago, Illinois…but it takes a while.

Petition for Rule To Show Cause

An order for child support is a court order like any other order from the court. If child support is not being paid pursuant to that order, then the order is violated.

At this point, two things can happen:

1) The parent who receives the child support can file a petition for rule to show cause the obligor not be held in contempt of court for failure to pay child support. This is essentially asking the court to hold the child support payor in contempt of court for failure to pay support.

2) The Cook County State’s Attorney can file the same motion on behalf of the child support receiver. The Cook County State’s Attorney gets involved if the child support receiver is getting any kind of benefits from the state. The most common benefit that triggers this is if a child receives KidCare (health care coverage for kids provided by the State of Illinois).

It may seem like the Cook County State’s Attorney prosecuting you for failure to pay child support means you’ll go to jail. In fact, it means exactly that.

But, you are just as likely to go to jail when a parent privately files their petition for rule to show cause. The petition for rule to show cause is the same petition that the Cook County State’s Attorney files on behalf of that parent.

The petition for rule to show cause should be called something clearer like “Petition for contempt” but the reason “rule to show cause” is referred to is because the alleged order violator must prove they are innocent (a very unusual situation in American justice)

When the petition is filed, a court date is set and the court will announce that “the rule shall issue. ” At that moment, the burden to prove that the alleged violator is not in violation shifts from the accuser to the accused.

Being Held In Contempt

“The failure to make support payments as required by court orders is prima facie evidence of contempt.” In re Marriage of Sharp, 369 Ill. App. 3d 271, 279 (2006).

When the rule is issued after a prima facie showing that the order was violated (which can be any allegation that child support is missing or late) the alleged violator must prepare for a hearing on the petition for rule to show cause.

The alleged violator is presumed to have violated the order and must show that if he or she did violate the order they did not so “willfully or contumasciously”

Again, petitions for rule use a lot of strange language that make the process seem unclear. Essentially, you must prove that you did not violate the order on purpose.

For example, proving that you could not pay the child support because you were out of work and not able to find work is enough to keep you from being held in contempt of court for not paying child support.

The best way to prove that you did not violate a child support order on purpose is to have paid at last some of the child support. If you owe $ 500 and you paid $ 100, it looks like you are not simply refusing to pay child support.

If a judge finds that you willfully and contumasciously violated the child support order you will be held in contempt of court.

Contempt of Court

“Every finding or adjudication of contempt shall be by written order and shall contain specific findings of fact. In cases involving child support arrears, the order shall state the precise amount of any arrearage found to be due and owing. Upon every finding of contempt that results in incarceration, a form order of commitment provided by the court shall be used.” Cook County Court Rule 13.8(a)(vi)

So, while you are held in contempt, the court must also assess exactly how much the arrearage is. This is a great opportunity to put off a finding of contempt by saying “I know I owe money. I just don’t know how much. Can we please have an accounting review from the Illinois Division of Child Support Services.” This takes at least 90 days and can give you the time you need to catch up and stay out of trouble.

Once you are held in contempt of court, you are stuck in a state of contempt until you have “purged” the contempt (again with the weird words).

A purge is something one must to do to rectify the situation. Typically, for contempt of court for failure to pay child support the purge is a set amount of money to catch up with support owed. Usually, this amount is 20% of what’s owed but the amount is usually up to the judge.

What If I Don’t Pay The Purge?

You’re going to jail until you pay the purge. If you’re not in court for the Cook County Sheriff to take you into custody, the court will issue a “body attachment” which is essentially a warrant for your arrest instructing the Cook County Sheriff to go looking for you and take you into custody.

You will be stuck in jail until the purge is paid with regular visits to court so the judge can see how you’re doing regarding paying the purge.

Again, judges often have a change of heart if you pay at least some of the purge. If the purge amount is set at $ 2000 and you come to court with $ 1000, a judge is likely give you more time to pay the balance. I always tell my clients, “if you don’t bring any money, don’t bother to wear a belt or shoe laces because the Sheriff will take those from you when you go to jail.”

The Cook County Sheriff Can’t Arrest Me If I’m Not in Cook County, Right?

If a body attachment has been issued to the Cook County Sheriff for your arrest, the Cook County Sheriff is responsible for taking you into custody.

However, this is not like the Dukes of Hazzard where you can cross the county line while the Sheriff is forced put on brakes on while chasing you. The Cook County Sheriff merely asks the county you’re in to take you into custody.

Additionally, body attachments will be enforced by States outside of Illinois as all states have adopted the Uniform Interstate Family Support Act.

If you owe over $ 2,500 of child support and that arrearage has been registered with the State Department, your passport will be revoked and you won’t be able to leave the country and ever return to the United States.

Is Not Paying Child Support A Crime In Illinois?

While 99% of non-payment of child support cases are resolved in the civil divorce courts via the petition for rule to show cause, failure to pay child support is a crime in Illinois.

“A person commits the offense of failure to support when he or she:

willfully, without any lawful excuse, refuses to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance, or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children in need of support or maintenance and the person has the ability to provide the support…A person convicted of a first offense under subdivision (a)(1) or (a)(2) is guilty of a Class A misdemeanor. “ 750 ILCS 16/15”

I’ve been practicing family law for over 14 years and I have never had one of my own clients been criminally charged but I have seen it happen.

Not Paying Child Support Is A Federal Misdemeanor And/Or Felony

If you live in one state and the child lives in another, the federal government can get involved and they are even more strict than Illinois.

A parent is subject to federal prosecution if he or she willfully fails to pay child support that has been ordered by a court for a child who lives in another state, if the child support payment is past due for longer than 1 year or exceeds the amount of $5,000. A violation of this law is a criminal misdemeanor, and convicted offender face fines and up to 6 months in prison (See 18 U.S.C. § 228(a)(1)).

If the child support payment is overdue for more than 2 years or the amount is in excess of $10,000 it is a federal criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U. S.C.§ 228(a)(3)).

How Do I Avoid Going To Jail For Failure To Pay Child Support?

The easiest way to not be in violation of an order is to simply change the order.

If there has been a substantial change of circumstances you may file a motion for modification of child support.

Child support is based off of both parents’ incomes and the needs of the child(ren). So, if there has been any change in either parents’ income or in the needs of the child(ren) then a substantial change of circumstances has occurred.

Illinois courts typically reward parents who come in with a motion to modify child support as they are being proactive instead of building up a massive child support arrearage which will have to be dealt with later.

You don’t want to go to jail. The courts don’t want you to go to jail. The other parent doesn’t even want you to go to jail. Everyone just wants to make sure the child is getting the support he or she is entitled to. So, change the entitlement and everyone will be happy.

Other Penalties for Nonpayment of Child Support Besides Jail

“Deadbeats most wanted list.
(a) The Director may disclose a “deadbeats most wanted list” of individuals who are in arrears in their child support obligations under an Illinois court order” 305 ILCS 5/12-12.1

Believe it or not, the State of Illinois will publish your name as a “deadbeat parent” on their website. They’ll even include a photo of you. This will definitely come up in any google search of your name.

In addition, the Secretary of Illinois can suspend a driver’s license if they receive a report that a parent is more than 90 days delinquent. In this situation, the solution is to just admit to the arrearage and put the arrearage amount on a payment plan. The Secretary of state perceives this as being current for the purposes of reinstating a driver’s license.

To learn more about child support enforcement contact my Chicago, Illinois law firm today to speak to an experienced Illinois family law attorney.

Family Law - Sharifov & Associates - Attorneys at Law

division of joint property in New York

Family law is the branch of law that deals with matters relating to the family and family relations. Our family law practice includes representing clients both at the negotiation stage and in court in cases involving domestic violence (usually followed by an order of protection), divorces, separation, residence of children after divorce, and visitation of children. , child and spousal support, property division, domestic violence, prenuptial agreements, and juvenile delinquency lawsuits. We take part in out-of-court negotiations and also conduct court hearings when necessary.

divorce by consent in New York

Frequently Asked Questions:
1. What is the difference between a contested divorce and a non-contested divorce?

When both husband and wife voluntarily agree on all aspects of divorce, including division of joint property, residence and visitation of children, child support and for former spouses, or are able to sign a separation agreement, their divorce is considered a divorce by consent. Arrest for Domestic Violence in New York On the other hand, when spouses cannot agree among themselves on all aspects of divorce and separation, and require the court to make appropriate decisions on the above aspects of divorce, they are forced to deal with a judicial divorce. On the practical side, a legal divorce requires a lot more work, usually takes longer, and tends to cost more.

order of protection in new york

2. How can I get an order of protection in case family violence?

If something threatens your physical or emotional safety or the safety of your children, you should immediately seek the advice of a lawyer or seek the assistance of the Court. You need to take immediate steps to keep you and your children safe. Family courts in all counties in the State of New York are able to make a quick decision on an application for an order of protection; usually, if needed, it can be done within one day. The Summons, Petition and Order of Protection must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent. The Family Court may order the Sheriff's Department to serve the documents. The case will be rescheduled and the defendant will be subpoenaed to respond to the domestic violence petition. Either by agreement of the parties or after a hearing, the judge may issue a permanent order of protection, limited or complete, for up to 2 years.

Sometimes the police refuse to make an arrest during an investigation into domestic violence; however, the police may advise the victim to go to Family Court and ask the Judge to issue an Order of Protection. Both the New York State Criminal and Family Courts have concurrent jurisdiction over certain domestic violence offenses. The difference between the procedure in these two courts is that in Family Court, you, as the plaintiff, are a party to the process, and you have control of the lawsuit against the defendant (the person you accuse committed acts of domestic violence against you). violence). at any time you can reach an agreement with the defendant as closed; case, or you can just pick up your petition. If the police refuse to arrest the person you complained about, you can file a petition with Family Court. The Family Court Judge has jurisdiction to issue an Order of Protection (full or limited), which will have the same effect as an Order issued by a Criminal Court Judge. For the past few months, due to the Coronavirus pandemic, Family Court has operated largely virtual, with court hearings via Skype or Microsoft Teams Meetings, and filing petitions via email or Electronic Document Delivery (" EDDS").

The Domestic Violence Petition, in the absence of agreement by both parties, will be decided by the Family Court Judge at the conclusion of the hearing on the merits. The New York State Family Court has jurisdiction over other types of petitions, such as Child Visit and Residence, Child Support, Neglect of a Child, Establishment of Paternity, etc.

Sometimes, after an arrest and first appearance in criminal court, a Domestic Violence Petition is also filed in Family Court, requiring the client to attend both courts for both of the relevant cases. If there are minor children in the family, the Criminal Court will often include such children in the Protective Order, however, making an exception for Family Court modifications of the order. In such a case, the defendant who wishes to maintain a relationship with his children must go to Family Court and register a child visitation petition, asking the Judge to schedule visits to the children. Depending on the circumstances of the original case that led to the Order of Protection, the judge may allow limited visits, supervised visits, or even supervised visits by a welfare agency.

legal guardianship

3. I can't find my spouse, can I file for divorce?

Personal delivery of original divorce papers (Summon Notice or Summons of Complaint) is required by law. However, in the event that the plaintiff (the person initiating the divorce case) cannot find his/her spouse, the plaintiff must obtain court permission for alternative delivery of documents by filing a written petition with the court.

4. When am I officially divorced?

The parties to a divorce proceeding are considered divorced from the moment the judge signs the divorce decree. In the case of a divorce by consent, if a postcard has been filed in advance, the court will notify the final divorce by mail. In the event of a judicial divorce, although the judge may verbally announce during the trial that the parties are divorced, the divorce is officially finalized after the parties' lawyers have submitted the documents to the court and the judge has signed the divorce decree.

5. What is custody and how is the issue of child custody after divorce resolved?

There are two types of custody – legal custody and physical custody. Legal custody essentially means the right to make decisions. During marriage, both parents have rights to raise the child. This includes the right to make decisions about all aspects of a child's upbringing, including religion and education, as long as the parent's decisions do not pose a threat to the child. After a divorce, one of the spouses who has received legal custody of the child makes all decisions independently. You can consult with the other parent, and this is even recommended, however, if you are unable to agree with the other parent or do not wish to consult, you can make your own parenting decisions. Note that the court can always review a parent's decision to raise a child to ensure that the decision is in the best interests of the child. Joint legal custody essentially means that both parents have equal rights to make significant decisions that affect their children's lives. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. If the parents are unable to agree on legal custody, then such a decision will be made by the court.

Post-divorce custody means the right of a parent to have a child permanently reside with that parent in the same family and be responsible for their child as long as they live with that parent. If one of the parents received the right to live with the child after the divorce, then the other parent is likely to receive the right to visit the child (visitation). If the parents cannot agree on a visitation schedule for the child, the court will provide such a schedule. Sometimes it is possible to have a joint right of residence of a child with parents in turn in equal shares (joint physical custody). In this case, the child will live half the time in the family of one parent, and half the time in the family of the other.

6. Will I have less time to visit my child if the other parent has exclusive legal custody?

Optional. Legal custody means the right to make decisions, not the right to spend time with the child. The parent with exclusive legal custody has the right to make most parenting decisions if both parents cannot agree on that decision. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Regardless of whether your spouse has exclusive legal custody or both of you, you still have the opportunity to see your child as much as his schedule allows. Visitation of a child is usually independent of legal custody.

7. How is child support calculated?

New York State offers a formula for calculating the amount of child support payable by a parent as specified in Family Code section 240(1-b). This is a rather complicated article of law that must be read and interpreted carefully in order to accurately calculate the amount of child support. Usually, after the allowed deductions from the parent's total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under 21:

17% per child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children;

It is necessary to carefully and carefully interpret the article of the law in order to accurately calculate child support, as there are many factors and conditions prescribed in the law that affect these calculations.

8. Who pays child support?

Generally, the parent with whom the child does not live most of the time will pay child support to the other parent.

child support in New York

9. Will I be able to pay less child support than is legally allowed?

The best chance to achieve this is to negotiate a reduction in child support as part of a common agreement between the parties. Do not forget, however, that the other party is not obliged to agree to this. Only in rare cases does the court find reasons not to apply the formula provided by law.

10. What if the children spend a significant part of their time with me, or even 50% of the time?

Once again, if you are unable to negotiate a reduction in child support with the other party, it will be extremely difficult for you to persuade the court not to apply the statutory formula. To illustrate this, note that even if the parents spend the same amount of time with the children, there is case law stating that the parent with the higher income counts as the parent not living with the child for purposes of calculating child support, and such parent would have to pay formula support! ! This shows how much more beneficial it is for clients to take good faith negotiations seriously as the best way to resolve a dispute.

11. Until what age should a parent support a child?

In New York State, a child is entitled to parental support until the age of 21, unless he/she begins independent living earlier. If a child chooses not to attend college and instead joins the military or starts working full-time, then parental support ends when the child reaches 18 years of age.

12. Will a child be eligible for support if she stays in college after her 21st birthday to complete her studies and earn a bachelor's or graduate degree?

No. If child support continues after his 21st birthday, it will only be as a result of the agreement of both parents. The law does not require parents to continue supporting children after they turn 21, regardless of whether higher education is completed.

OK with this parent?

The Court takes the issue of changing the residence of children very seriously. The main criterion for the court is the issue of the welfare of the children. In attempting to make such a decision, the court will ask the question: "If such a change in the place of residence of the child is allowed, will it significantly change the nature of the relationship between the child and the parent who does not move to a new place with him?" The court will try to find out as much as possible about the nature of the relationship with the parent. (For example, how often do you see your children? Do you go to their school events? Do you meet with your children during the school week? Do you make use of all the visits that you have assigned to your children? How good are your visits to children?) will evaluate all reasons for the expected relocation of children to determine whether the parent with whom the child lives has explored all possibilities to avoid such a relocation. The distance over which the proposed move is made is also an important factor. Is this the distance that will prevent you from regularly visiting your children? The latest trend in jurisprudence is to generally allow moves up to 2 hours by car from the children's previous residence (assuming the parent with whom the children live generally has a good reason for the move). These decisions were determined by the circumstances, so don't try to reassure yourself ahead of time based on what the court has decided in other cases.

14. Will my spouse be required to pay me alimony or maintenance after the divorce, and if so, for how long?

A recent change to the law that went into effect in 2016 provides for a formula on how to calculate temporary alimony, as well as a recommended formula for calculating permanent alimony after divorce and how long it lasts. There are also additional factors that the court must consider when determining the amount and duration of child support.

Here are a few factors that are considered the most significant:

  • length of marriage; the age and state of health of each spouse;
  • present and future earning potential for each spouse;
  • your opportunity to become financially independent;
  • reduced or lost earning opportunity due to denial or delay in education, training, employment, or career development during marriage;
  • having children in your home;

This is a complex decision and will be influenced by many factors.

15. Can my spouse evict me from our home?

Unless you have physically, verbally, or mentally abused your spouse, or have already found another place to live, it will be extremely difficult for your spouse to evict you from their home. Unless you agree to move out voluntarily, your spouse will have to file a petition with the court for you to be evicted, and the court will give you an opportunity to respond to it.

16. Can I and my children continue to live in our house after the divorce?

Assuming that the children will be living with you, and if you have a child under 18, the court will generally try to keep the child in the home, neighborhood, and school to which the child is already accustomed, assuming that the child is fine in that environment, and also implying that financial circumstances allow it.

17. Am I entitled to a share in the value of the house, even if the title is not in my name?

If the house was purchased during the marriage with funds earned during the marriage (regardless of which spouse earned the money), then it is likely that you will be entitled to a share in the price of the house, even if the house is not registered on you. There are many factors to calculate the size, value and percentage of this share.

18. I bought our house before our marriage with funds I bought before our marriage. Will I have to share the cost of my home with my ex/ex-spouse?

Usually not. However, if the house increased in value during the marriage as a result of your spouse's efforts, or as a result of a joint investment in the house, then your spouse may claim a share of the excess price during the marriage. Please note that if you put your spouse's name on the home title deeds, this may cause your spouse to be able to claim a share of the total value of the home.

19. Will the court force me to sell my house?

If there are no children, and assuming the house is jointly owned, the court will allow each spouse to buy out the other spouse's share. If neither spouse has the ability to buy out the other's share, or is not interested in doing so, the court may order the sale of the house and divide the proceeds from the sale at the discretion of the court.

20. Credit cards: Should they be cancelled?

If you think your spouse will use credit cards beyond justified living expenses, consider closing the account. Most accounts can be closed by either paying off the debt or transferring to another credit card. If your name is first on the account, you can achieve the same goal simply by removing your spouse's name from the account. The final liability for debts will be determined by the court or by agreement. In most cases, it is recommended that you inform your spouse of your actions (after the accounts have already been changed) so that he/she is not unpleasantly surprised or embarrassed when the payment is unexpectedly declined.

21. Do I have to withdraw money from all joint accounts to protect myself from my spouse taking or hiding the money?

The courts do not approve of either spouse withdrawing all the money from a joint account or withdrawing money without good reason. The husband should think seriously before withdrawing money. Do not forget that the court has the right to demand liability from the spouse if it is proved that he squandered or hid the joint funds.

22. If I own a business or share in a business, will my spouse get a share of the business?

If your business was created during your marriage, or you acquired an interest in a business during your marriage, then your spouse will likely be able to claim a portion of that business or a portion of your interest in the business. If you acquired the business before marriage, or you acquired an interest in the business using funds from an inheritance or a gift, then your spouse may claim an excess (if any) of the value of the business that occurred during the marriage if you or your spouse is actively contributed to the value of the business. Usually an accountant is hired to do this calculation and there are many factors that go into this calculation. Once the overall valuation of the business has been made, it is calculated what percentage of that value should be used to calculate the spouse's share. There are many factors the court will take into account to determine this percentage, including but not limited to the length of the marriage, your spouse's contribution to the business, family earnings or assets invested in the business, etc.

23. Can my spouse claim the estimated value of my professional license or higher education diploma?

For divorces initiated before 2016, by law, if all or part of a professional license or higher education occurred during marriage and was paid for by joint family funds, then it is likely that the spouse will be able to claim a portion of the assessed value of such a license or diploma. Following recent changes to the New York State Family Code that went into effect in 2016, the court must no longer consider increased earning potential due to a professional license, college degree, celebrity status, or career advancement as part of a family partnership. assets. However, when deciding on an equitable division of joint marital property, the court must take into account each spouse's direct and indirect contribution to enhancing the earning potential of the other spouse. NY Dom. Rel. L. § 236B(5)(d)(7).

24. Which courts can hear divorce, custody and alimony cases?

The Supreme Court has exclusive jurisdiction over divorce cases; however, Family Court has concurrent jurisdiction over custody, visitation, and child support matters. If a person wants to get a divorce, he needs to fill out the original documents in the Supreme Court. If the child's parents are not seeking a divorce, or are not married at all, and want to sue for domestic violence, custody, visitation, or child support, they should file an application in Family Court.

25. What is a juvenile delinquency trial?

This is a New York State Family Court lawsuit involving a juvenile delinquency case between the ages of 7 and 16. When such a minor is arrested in New York State, he/she may obtain a subpoena from the police in Family Court in the county where the alleged offense was committed. On the other hand, when the allegations are serious enough and/or the minor child has had previous police referrals, the child may be detained overnight in a special detention center for children and brought to Family Court the next day when the court is open.

When a child comes to court with a parent or guardian, he/she and the parent will be interviewed by a probation officer and, depending on the charges, previous criminal convictions, the wishes of the victim and their parents, if the victim is a minor, the case may be referred to probation department. In this case, the petition against the juvenile delinquent is not filed and the child agrees to follow the rules of the probation department for an initial period of up to 60 days. The child must attend school, report to the probation department when required, write an essay and/or do community service under the direction of a probation officer, and also have no new drives. If the child complies with all this, the case will be dismissed.

If a juvenile is charged with a felony, or if the victim wants the case to continue, the New York City Law Department, which in such cases acts as a prosecutor, will file a petition against the juvenile delinquent, and the child will be required to appear before judge. A case on juvenile delinquency is similar to a criminal case of an adult in a criminal court, however, there are significant differences: there is no bail for the release of the defendant to freedom for a minor - either he is left in custody or released without bail on bail to the parent / guardian; no right to a jury trial, instead a court hearing before a judge; no criminal conviction - instead, recognition as a juvenile delinquent; punishment options also vary, including case closure, conditional closure, suspended sentences of up to 2 years, or detention with varying degrees of security for an initial period of up to 18 months. For the most serious crimes allegedly committed by minors 13 years of age or older, the prosecutor has the option to refer the case to an adult criminal court.

26. What is marriage annulment and how is it different from divorce?

A man and a woman must be legally capable of entering into a legal marriage. If the parties are not authorized to enter into a marriage, such a marriage can be annulled, that is, declared invalid. Grounds for marriage annulment are untraceable disability, minority, lack of consent, or consent obtained through fraud or intimidation, and incurable mental illness for five years.

  • If one of the spouses is terminally incapable of sexual activity, the marriage can be annulled.
  • Both parties must be over 18 years of age to marry without parental consent. A marriage between persons under the age of 18 may be annulled, at the discretion of the court, if the spouse under 18 wishes to annul the marriage.
  • If, after marriage, either partner becomes terminally ill for 5 years or more, the marriage may be annulled. However, a healthy spouse may be required to maintain a mentally ill spouse for life.
  • The parties must knowingly consent to the marriage. A marriage can be declared invalid if either party consented to the marriage as a result of violence or threats from the other party, or if either party did not understand the meaning and consequences of marriage.
  • A marriage may be annulled if the consent was obtained by fraud, provided that the fraud was such as to deceive an ordinary reasonable person and was essential to obtain the consent of the other party. Fraud must be at the heart of the marriage contract. Only the injured party can annul the marriage on the grounds of lack of consent.
27. What is a declaration of invalidity of a marriage and how does it differ from annulment?

Unlike an annulment, where a marriage can be declared invalid, some marriages are invalid from the moment they are contracted. Such marriages include incest and bigamy. In the case of incest, this is a marriage between ancestors and descendants, brothers and sisters (including half blood). In the case of bigamy, one of the parties is already married to another person.

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from what income they need to withhold, what documents they need to keep, and what percentage of income they need to pay, up to what age to apply for child support

1. Who can apply for child support?

Alimony is maintenance that minor, disabled and/or needy family members are entitled to receive from their relatives and spouses, including former ones.

A child can count on alimony:

  • if he is under 18 years old and has not yet become fully capable by decision of the guardianship authority or court. Alimony in favor of a child may be filed by his guardian, custodian, adoptive or natural parent with whom the child remains;
  • if he is over 18 years old, but has been declared legally incompetent.

One of the spouses can count on alimony if:

  • he is in need and recognized Disabled adults who are entitled to alimony are considered disabled people of I, II, III groups and persons who have reached pre-retirement age (55 years for women and 60 years for men) or the generally established retirement age.0088
  • wife, including ex, is pregnant or less than three years have passed since the birth of a common child;
  • a spouse, including a former one, needs and cares for a common disabled child under 18 years of age or a child disabled since childhood of group I;
  • ex-spouse Persons in need are those whose financial situation is insufficient to meet the needs of life, taking into account their age, state of health and other circumstances. marriage or within five years thereafter, and the spouses have been married for a long time.0088

Alimony can also be received by:

  • disabled and needy parents, including stepfather and stepmother, from their adult able-bodied children. This rule does not apply to guardians, trustees and adoptive parents;
  • disabled and needy grandparents - from their adult able-bodied grandchildren, if they cannot receive maintenance from their children or spouse, including the former;
  • minor grandchildren - from their grandparents, who have sufficient funds for this, if they cannot receive alimony from their parents. After the age of majority, grandchildren can count on alimony if they are recognized as disabled and they cannot receive assistance from their parents or spouses, including former ones;
  • incapacitated persons under 18 years of age - from their adult and able-bodied brothers and sisters, if they cannot receive them from their parents, and incapacitated persons over 18 years of age - if they cannot receive alimony from their children;
  • disabled and needy persons who raised and supported a child for more than five years - from their pupils who have become adults, if they cannot receive maintenance from their adult able-bodied children or spouses, including former ones. This rule does not apply to guardians, trustees and adoptive parents;
  • social service organizations, educational, medical or similar organizations in which the child is kept can apply for child support. In this case, alimony can be collected only from the parents, but not from other family members. Organizations can place the funds received in the bank at interest and withhold half of the income received for the maintenance of children.

2.How to apply for child support?

If there is no agreement between the parties on the payment of alimony or the other party refuses to pay them, apply to the court at your place of residence:

  • to the justice of the peace, if the recovery of alimony is not related to the establishment, contestation of paternity or motherhood, or the involvement of other interested parties;
  • to the district court - in all other cases.

If one of the parents voluntarily pays child support without a notarized agreement, the court can still collect support from him in favor of the child.

You can file for child support at any time as long as you or the person you represent are eligible.

The plaintiff does not pay state duty for consideration of the case on recovery of alimony in court.

3. What documents are needed to apply for child support?

The child support claim must be accompanied by:

  • copies of it, one for the judge, the defendant, and each of the third parties involved;
  • documents confirming the circumstances that allow you to apply for alimony. Such documents, for example, may be a birth certificate of a child, a certificate of marriage or its dissolution;
  • single housing document and certificates of income of all family members;
  • calculation of the amount you expect to receive as alimony. The document must be signed by the plaintiff or his representative with a copy for each of the defendants and involved third parties;
  • if the claim will not be filed by the plaintiff himself, additionally attach a power of attorney or other document confirming the authority of the person who will represent his interests, for example, a birth certificate.

As a rule, alimony is assigned from the moment the application is submitted to the court. They can be accrued for the previous period (but not more than three years before the day of going to court) if you provide evidence in court that you tried to contact the other party and agree or the defendant hides his income or evades paying alimony. Such evidence can be letters sent by e-mail, telegrams or registered letters with notification.

4. What is the amount of alimony?

The court determines the amount of alimony based on the financial situation of both parties. Alimony for the maintenance of minor children, as a rule, is:

  • per child - a quarter of income;
  • for two children - a third of the income;
  • three or more children - half of the income.

These shares can be reduced or increased taking into account the financial and marital status of the parties and other important ones, including the presence of other minor and / or disabled adult children, or other persons whom he is obliged by law to support; low income, health or disability of the support payer or the child in whose favor they are collected.

"> factors. When determining the amount of alimony, the court seeks to maintain the level of financial support that the child had before the divorce or separation of the parents. If each of the parents has children, the court determines the amount of alimony in favor of the less well-off of them.

In addition to the share income, the court may order child support or a portion of it in the form of a certain amount of money.As a rule, such measures are resorted to when the defendant hides part of his income and a share of his official income cannot provide the child with the standard of living that he had.

In exceptional circumstances - illness, disability of the child, lack of suitable housing for permanent residence, etc. - the court may oblige one or both parents to additional expenses.

The amount of alimony is indexed in proportion to the growth of the subsistence minimum (for the population group to which their recipient belongs).

As a general rule, maintenance withheld from the debtor's income for the maintenance of a minor child cannot exceed 70% of his income. In other cases - 50% of income.

5. Who can not pay child support?

Parents are required to support their children after birth and until the age of 18, if the child does not marry earlier or there is no Emancipation - declaring a minor fully capable. It is possible if a minor who has reached the age of 16 works under an employment contract (including under a contract) or, with the consent of his parents (adoptive parents, guardian), is engaged in entrepreneurial activities. The decision on the emancipation of a minor is taken by the guardianship and guardianship authorities with the consent of the parents (adoptive parents, guardian). If there is no consent from the parents, the decision on emancipation can be made by the court.

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