Can a mother file for child support for her son or daughter?

Most often, the payment of child support is associated with a man who left the family, and from that moment on, such an obligation appeared before him. But, in practice, there are many cases when children are left with their father, and the woman pays child support for a minor child. There are citizens who believe that a woman should not support her child, since this is primarily the father’s task. According to the legislation of the Russian Federation, the obligation to provide financial support for a common child applies to both parents equally. In parallel with this, the question arises of whether a woman who is on maternity leave pays alimony. Further in the article the regulation of such a situation and the procedure for determining the amount of alimony for a woman will be considered.

Reasons for collecting alimony from a woman

By law, a woman pays alimony according to the same rules as a man. The basis for collecting alimony can be either a court decision or the voluntary drawing up of an alimony agreement between the parents. The last document must be certified by a notary.

The mother becomes obligated to pay child support in the following cases:

after the divorce, the child remained to live with his father. Such situations occur quite often in practice. When a judge makes a decision about a child living together with one of the parents, he must also resolve the issue of financial assistance from the other;
the mother was deprived of parental rights. This situation does not relieve the obligation to pay child support. Therefore, a woman who has been deprived of parental rights is still obliged to send financial assistance for the maintenance of the child to the person with whom he lives (for example, the father or a close relative);
a woman is limited in her parental rights, since her behavior can have a negative impact on the upbringing of the child. Because of this, it is impossible for her to live together with the baby, but at the same time, she is obliged to pay child support until he reaches 18 years of age.

Who has the right to claim alimony from the mother?

A mother who does not pay child support may be subject to the collection of the necessary funds after the child's legal representative applies to the court. The categories of citizens who have the right to appeal to the courts are established by law. Among them:

a father who has documents in his hands that confirm his paternity;
guardian;
trustee.

Read also: Is it possible to return maternity capital from a mortgage during a divorce?

In each case, you will need to have the necessary documentation confirming the possibility of carrying out the procedure, that is, certificates are required that indicate the grounds for guardianship or trusteeship.

Important! If the mother does not live with her son or daughter, but is officially married to a man, then it is possible to apply for alimony, as in other cases.

According to the norms of family law, any person can be the payer of documents, but the plaintiff must fully confirm his right to receive funds from this person.

Alimony from a woman on maternity leave

Alimony for the maintenance of a minor child can be collected from any income of the parent, including maternity benefits. Parents are obliged to ensure the financial situation of the child, which will not limit his position. That is, the mother is obliged to pay child support, even while on maternity leave to care for a child under three years of age.

If a woman is officially employed, then during maternity leave, she has the right to receive monthly 40% of her official salary. Such deductions will become the only official income for a woman during maternity leave.

In practice, the collection of alimony from a woman on maternity leave occurs infrequently. If a spouse who lives with a minor child has filed a claim for alimony, then such an obligation officially appears before the mother on maternity leave.

It is worth considering that it is impossible to collect alimony from payments that the state sends for child support.

Collection of alimony from maternity benefits occurs automatically. The recipient must submit a writ of execution along with the maintenance documents. It is this document that will become the basis for bailiffs to collect alimony from maternity benefits.

After a woman goes on maternity leave, there is no need to file a separate claim or appeal to the employer to recover child support payments. The deduction process will begin automatically and the payer does not need to be present.

Amount of child support from the child's mother

The amounts of alimony obligations are provided for by law. They are the same for both parents. There are two options for setting the required amount. In the first case, this is done by the court based on the data presented and the defendant’s solvency. The second less common case is the existence of an agreement.

Child support in 2021

Important! An alimony agreement for a woman is used in a standard form, that is, the entire amount is stated there, and the terms of payment and the procedure for the payments themselves are established. If the established clauses of the contract are not fulfilled, the man has the right to go to court and obtain the payments that are indicated, including through collection.

In the case of an agreement, several conditions will need to be observed, among which the most important will be that the document has legal force and does not infringe on the interests of a minor in any form, since in this case the agreement is considered void.

With a standard assignment, the size is set based on the prescribed rates, including percentage or fixed rates.

Calculation of alimony amounts without agreement

The size is directly dependent on the number of minors who need support, as well as the financial situation of the payer. It may have a percentage of the alimony payer’s income or be fixed.

Share size in percentage:

1 person - 25% of total income;
2 persons - a third of income or 33%;
from 3 persons - 50%.

Division of alimony

A fixed payment in a fixed amount of money is established in case of unstable income or lack of official and permanent income. This option is also used when receiving salaries in foreign currency.

If necessary, the two payment options can be combined. It is also necessary to remember that the amount of payments may be increased or decreased if one of the parties applies to the court with additional information or reasons.

Important! In the absence of official employment, the amount of security must be calculated according to the minimum wage established in the region.

If there is a debt, an inventory and further sale of the property to pay it off are possible. This procedure is carried out by bailiffs.

Alimony in a fixed amount

Income for calculating alimony

To calculate funds payable, all types of income that can be received from any activity, including labor, are used. From wages, money is withheld from almost all funds, including:

main and additional income, in particular when working part-time;
income from government, scientific or artistic activities;
labor bonuses or any allowances;
sick leave or vacation pay, as well as various compensations for harm or unused vacation.

Minimum amount of alimony

The minimum amount of alimony support depends on the type of collection.
If a percentage is established, then the minimum amount is equal to the established share. With a fixed payment option, there will be indexation and correlation with the regional minimum wage level. If such an amount is not established in the region, then the calculation is made based on the average amount in the Russian Federation.

An important point is the possibility of reducing payments, but for this you will need to provide the necessary data on this basis. Such conditions may include the birth of children, disability, or a difficult financial situation. All issues regarding setting the minimum amount in this case are considered by applying to the court.

Amount of alimony

There are two ways to determine the amount of alimony for a minor child: in a fixed amount or as a percentage of earnings. In the second case, the amount of payments will be 25% of income for one child, 33% for two children and 50% for three or more.

The exact amount of payments may be specified in the child support agreement between the parents or in a court decision. In the first case, it is impossible to indicate an amount lower than the one that would be due to the child by law.

If a parent evades his responsibility to provide financial support for a minor child, he may be subject to criminal or administrative liability.

Registration and procedure for collecting alimony

Registration can be voluntary, which means there is an agreement, or forced. In the second option, it is necessary to apply to the court with a claim for the assignment of payments. Collection can be carried out by going to court with an agreement or claim. Based on the data provided, a court decision is made, which is transferred to the bailiff service.

The bailiff initially gets acquainted with the court decision and begins the procedure for its execution. In the absence of earnings, standard procedures are carried out with the seizure of accounts and, if necessary, property.

The procedure for collecting alimony

It is necessary to take into account that going to court means a full package of documents, since otherwise the application will be refused.

Attention! All processes for obtaining money are carried out only from the moment the court decision enters into force. The woman also has the right to appeal this decision.

Statement of claim for the recovery of alimony from the mother of the child

To go to court, you must correctly draw up and fill out a statement of claim. It contains the following data:

information about the judicial authority, including name and address;
all data about the parties, participants in the process, in particular contact details and personal information;
a written request indicating all the circumstances of the case and references to the current legislation on the established basis;
the amount of necessary funds required to provide for a minor;
date, signature.

You will also need to indicate the entire list of additional documentation that will be attached to the claim. Such documents should include certificates of guardianship or guardianship, an agreement, if any, a certificate of family composition, marriage or divorce certificates, as well as documents for a son or daughter, including a passport and birth certificate. All documentation that indicates proven paternity must be included.

Court decision to collect alimony from mother

To obtain a court decision of any kind, it is first necessary that the claim meets all standards. It turns out that if it is incorrectly drawn up or a number of unspecified data are provided, the court may not accept it. The same point applies to an incomplete package of documents that will need to be submitted.

The court can either satisfy the claims or refuse to satisfy the plaintiff in full or in part.

According to the Code of Civil Procedure of the Russian Federation, any party to the process can appeal the decision if it is not satisfied with the result. The appeal process is carried out with the filing of an appeal to the established authority within a month. If necessary, the procedure can be carried out in the future at a higher authority. It will re-examine the case and make an appropriate decision, which will uphold the ruling of the first court or cancel it.

Only if there is a positive decision can the plaintiff expect to recover funds from the defendant. But there is a nuance here. All money should go to provide for the citizen who has the right to financial assistance, and not for his own needs.

Is it possible to reduce the amount of payments for a child?

The legislation of the Russian Federation provides for situations in which the amount of alimony for a child can be reduced. To do this, the payer must have compelling reasons, for example, a sharp deterioration in the financial situation of the payer. But, first, an assessment is made of the real financial situation of the minor and the conditions of his detention. A mother who pays alimony can file a claim to reduce its amount, but this requires compelling reasons and this should not in any way affect the financial situation of the child.

For example, if a mother gets sick in one of her close relatives and she needs financial help with his maintenance, she can reduce the amount of alimony for a certain time. Also, the mother could receive the status of disabled, as a result of which her financial situation sharply worsened. In such a situation, the amount of child support payments may be revised.

If a common child gets sick and it is necessary to cover large expenses for his treatment, then the amount of payments, on the contrary, may be increased for a certain time.
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