Can alimony be transferred to the account of the child? The expenditure of alimony

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2018-03-25 05:31:21

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Increasingly, some citizens wonder whether it is possible to list the alimony on the child's account. In particular, if the recipient is under 18 years of age. Linked this issue with multiple causes. For example, sometimes difficult to control the flow of maintenance funds. And someone just does not want to enumerable child money ever spent. Sometimes taxpayers think about the transfer of funds to the child from harm and only rarely with good intentions. Is there any chance for successful implementation of ideas into practice? How to spend child support? And to pay? Answers to all these will be found below. In fact it is not so difficult as it seems.can child support be transferred to the account of a child

Definition

The First thing to understand with the concept of alimony. What is it?

The So-called regular (usually monthly) payments allocated for the maintenance of needy relatives. Recipients are usually children, spouses or parents.

That is, alimony is a specific amount of money you have to spend on the needs of the recipient. As a rule, the most serious alimony disputes flare up in the minors. Is it possible to list the alimony on the child's account? And how much do have to pay in a particular case?

Assign

The Answers to these questions depend directly on the circumstances in which allocated money for the maintenance of the child. The fact is that alimony can be paid in different ways.

First, there are 2 types of transfers. Namely:

  • Marriage;
  • After the divorce.

In Other words, alimony can be demanded from the child's parent, even if the family is not broke. Similar situations occur in the Russian judicial practice more and more often.child's future

Second, the alimony may be paid:

  • Voluntarily;
  • Court;
  • With the help of a peace agreement.

All of these methods of transfer have their own characteristics. But, as a rule, the alimony on the child savings account or a Bank account is not transferred. And for good reason. But more on that later. For starters learn all the peculiarities of alimony obligations.

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Payments

How much to pay in a particular case? The family code specifies that the parents of a minor child must fully insure it and educate. Accordingly, if mom or dad (more often fathers) refuses to allocate funds for minors, it is necessary to seek help and to award alimony.

The Size of payments depends on many factors. Generally, the money for the child can be assigned:

  • In fixed cash amounts;
  • As a percentage of income of the payer.

In the first case is usually taken into consideration a living wage in region. In the second - the number of children a potential payer of alimony.

Usually when assigning alimony, it is recommended to pay attention to the following minimum payments:

  • 25% of income for 1 child;
  • 33% of monthly income for 2 children;
  • 50 % of earnings per month - if you have 3 or more children.

Actually memorize all these rules is not difficult. Unfortunately, sometimes the amount is very small - about 1-2 thousand rubles. Many moms simply refuse this "help". Because it is often for the purpose of maintenance in accordance with established procedure takes a lot of hard work.clothes shopping

Alimony obligations are fulfilled, even if the payer has no income. Lack of work is not a reason for exemption from parental obligations.

Deprivation of rights and child support

Is it Possible to list the alimony on the child's account? The answer is not as easy as it seems. To begin, consider all the peculiarities of assignment of maintenance payments to children. Maybe someone is able to break free from such a responsibility?

Some believe that the deprivation of parental rights alimony obligations to fulfill no need. But in fact it is not. The citizen will still have to allocate child support in the established sizes. And so until then, until the child turns 18 or until he gets adopted by law.

Voluntary payment

Is it Possible to list the alimony on the child's account? As we have said, citizens face a number of challenges when addressing the study question.

Sometimes child support is paid voluntarily. One of the parents (the one with whom the child lives most often the father) the monthly allocated a certain amount of money and gives it to the former spouse in order to spend money on a minor. This is the least secure scenario from all sides.

For Example, when voluntary payment of child support to require the transfer of funds will not work. Even, as to ask the recipient of the money any reports about the spending mandatory.

Account and voluntary payments

Is it possible to list the alimony on the child's account if they decided to do without official registration obligations? No. More precisely, the payer of the alimony has the right to open accounts in the child's name followed by the transference to him of certain money. This right is not taken away.

But for alimony such payments will not be considered. It is a voluntary payment that can be spent on the needs of the minors, and can be deposited before reaching thechildren 18 years of age.

Agreement of the parties

Alimony is Also sometimes assigned in the peace agreement. This operation also can not be called an official appropriation of funds for the maintenance of children. In fact, the parties simply agree on how to pay the funds and secured the agreement documented.the payment of a kindergarten

In this case it is possible to discuss in advance the order of transfer of money, a specific amount, indexation and so on. In the peace agreement and prescribe the transferred funds. In such circumstances, the transfer of the alimony on the child's account is possible. But only under the condition that the appropriate standard will be spelled out in the peace Treaty.

Important: in the allocation of funds for the maintenance of children with transfer to Bank accounts will have to leave a comment. It must indicate that the money received as alimony. Otherwise the translations will be calculated as a voluntary additional financing.

Peace Treaty

How to conclude an agreement? To do it is easy. Especially if the parents were able to agree in advance on the manner of payment of alimony.

Need:

  1. Collect the documents. For a peace agreement will need the parents ' passports, marriage certificate or divorce papers, a contract, birth certificates of all children.
  2. Go to the notary.
  3. To Pay for notary services.
  4. To Sign an agreement in the presence of the authorized person.
  5. Pick up certified copies of the agreement. Thus one copy should remain with the notary, and one to go each side.

That's all. Now you can not worry for the performance of maintenance obligations.

Court

Is it Possible to list the alimony on the child's account? There are a number of exceptional cases in which this is possible. But with significant restrictions. We will talk about this later.

First, consider the latter option the purpose of child support through the courts. And that is what is called a formal appropriation of funds for the maintenance of the child.

With a claim for child support can act as a potential recipient and the payer. In this case, the rights and obligations of the parties shall be governed and protected by law. This is the most secure way of solving the task.

Documents to the court

But how to apply to the court to assign child support? Sometimes a child's future is heavily dependent on such payments. After all the money in the juvenile are not redundant. Children to clothe, feed, teach and heal. All this costs money.

Seek assistance at the official awarding of alimony is necessary to the world court. Rarely in the district. The same applies to changing the order of payment of alimony. To go with the claim will have there, where were made the primary decision on the research question.

The plaintiff will have to take:

  • ID;
  • Writs (if any);
  • Birth certificates of children;
  • Income;
  • Certificate of divorce/marriage;
  • Statements about family members.

This is Usually enough. In such circumstances, as a rule, the purpose of alimony with the transfer to the Bank account of the parent who will spend money on the child. Either in the form of cash.alimony in the savings account of the child

About accounts and the courts

As we have already said, in pleadings it is possible to achieve the transfer of the alimony on the child's account. But in reality this is difficult. Why?

The fact that the current legislation allowed the transfer of child support in the amount of not more than 50% to the account opened in the name of the child. Either on his savings book. But the full amount of funds to transfer to a minor's account can not.

The problem is that under normal circumstances such a step impossible. If the money is in the Bank account of the child, the parent will not be able to use them. So, providing children with adequate nutrition, maintenance and training will be hampered.

The Main point that gives a right to appeal to the court to change the order of payment of alimony, then transfer funds to the account of the child, the improper use of allocated Finance. For example, if the mother spends the money on their needs and desires.

In this case, the maintenance payer may apply to the court for permission to transfer funds to the account of the minor. But will have to prove misappropriation of child support. To make this problematic. Because the legislation does not establishes the need to continually report in front of "alimony" for the spending of the money.

Reporting

But if the citizen was awarded the alimony in a judicial order, he may at any time require an expense report. This is a normal phenomenon. Especially if there is suspicion that the parent is the recipient spends the funds for other purposes. For example, the.

In the form of reports can come any statements and information. For example:

  • Checks on purchases;
  • Receipts for payment of medical and educational services;
  • Bank statements (for cashless settlement).

As we have said, to prove the fact that the citizen-the receiver of the alimony is spending for other purposes, problematic. Sometimes such attempts turn out badly for the plaintiff, he can forward a counter-claim on increasealimony.

Non-performance of obligations of parent

"Alimony" can open an account and then transfer money there. Typically, these payments are not alimony. But there are exceptions.providing children with adequate nutrition

As we have said, citizens can seek the permission of a partial transfer of the alimony on the child's account in case of inappropriate use of funds by the recipient. But it is a rather difficult operation.

Sometimes it's easier to prove failure to fulfill parental obligations. This decision will allow not only to transfer money to the child on the account, but to switch places with the former spouse. For example, to make the children lived with someone who initially paid child support.

Of Course, all we have to prove in court. The plaintiff will have to gather documents and materials that indicate that a brighter future child in danger because of the parent with whom he resides. For example, you can prove that children poorly and eat poorly, live in poor conditions, and the parent the recipient of child support leads an immoral lifestyle. Then allowed and transfer of funds to the account of the children, and a complete replacement role in relation to "alimony" and the parent receiving the money.

How to spend?

How to spend child support? What is the responsibility of parents?

The Family legislation of the Russian Federation specifies that citizens have an obligation to fully educate and provide for children's needs. And equally. Both parents participate in these processes, and no child should be deprived of.

Buying clothes for the season and for the future is the use of alimony. It is included in the concept of ensuring the normal life of the child, contributing to the proper growth and development of minors. Therefore, if the mother spends the money to buy clothing for the child, the court can not apply. Such purchases are easily supported.

In addition, you can spend child support on:

  • Educational services;
  • Mugs for children;
  • Entertainment and cultural events;
  • Technique for a normal life and education of a child;
  • Devices needed in the world today;
  • Medication;
  • Shoes;
  • Providing the rest;
  • Good nutrition for children;
  • Health services.

That is, if the expense of alimony is the payment of a kindergarten, we can assume that the money is spent as intended. But parents can negotiate who pays for what. Usually this option is used when the alimony agreement. And sometimes allowed a reduction in child support amounts allocated for certain services. But this is an extremely rare scenario.

Purchase the expense of maintenance

Some believe that you can get rid of child support, buying the child a variety of things and paying for certain services. We found out what is considered minor maintenance. But is it possible, fulfilling these conditions, not to pay child support? We are talking about the official appointment of payments for the children.juveniles

Unfortunately, no. According to the court, alimony is assigned in terms of money. And therefore, treatment of minors, buying him clothes, toys, books and so on will be considered gifts over and above child support. At the same time, if necessary, the parent / payee may apply to the former spouse for additional assistance. For example, if the child needs expensive treatment. As in all previous cases, the citizen will have to prove the legitimacy of their demands. The payment of a kindergarten, if necessary, is also allowed in the form of additional payments.


Article in other languages:

AR: https://www.tostpost.com/ar/the-law/6816-can-alimony-be-transferred-to-the-account-of-the-child-the-expenditure.html

BE: https://www.tostpost.com/be/zakon/12185-mozhna-peral-chvac-al-menty-na-rahunak-dz-cyac-rashodavanne-al-menta.html

DE: https://www.tostpost.com/de/das-gesetz/12186-kann-ich-kindergeld-aufzuz-hlen-die-auf-das-konto-des-kindes-die-verte.html

ES: https://www.tostpost.com/es/la-ley/12194-se-puede-manutenci-n-enumerar-en-la-cuenta-de-sus-hijos-el-gasto-de-ma.html

HI: https://www.tostpost.com/hi/the-law/6821-can-alimony-be-transferred-to-the-account-of-the-child-the-expenditure.html

JA: https://www.tostpost.com/ja/the-law/6817-alimony-alimony.html

KK: https://www.tostpost.com/kk/za/12188-mozhno-li-alimenty-shotyna-audaru-a-zh-msau-aliment.html

PL: https://www.tostpost.com/pl/prawo/12179-czy-mo-na-wyliczy-alimenty-na-konto-dziecka-wydatek-aliment-w.html

PT: https://www.tostpost.com/pt/a-lei/12172-posso-pens-o-aliment-cia-listar-na-conta-de-uma-crian-a-a-despesa-de-p.html

TR: https://www.tostpost.com/tr/hukuk/12190-alabilirim-nafaka-eler-ocu-un-hesab-n-harcama-nafaka.html

UK: https://www.tostpost.com/uk/zakon/12183-mozhna-pererahovuvati-al-menti-na-rahunok-ditini-vitrachannya-al-ment-.html

ZH: https://www.tostpost.com/zh/the-law/7423-can-alimony-be-transferred-to-the-account-of-the-child-the-expenditure.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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