the Ministry of justice proposes to consolidate at the legislative level, a minimum amount of maintenance. This will help to break the vicious connection: no salary – no alimony. Now we are working on the relevant provisions of the Family code.
As reported in an interview with “RG” the representative of the Ministry of justice, to calculate the lower threshold of alimony will be based on minimum subsistence level for a child, or of the minimum wage in each region.
So, in Moscow the minimum wage is more than 20 thousand rubles. In the regions it is slightly lower. For example, in the Saratov region it is 12.5 thousand rubles. In any case, this is substantially more than the amounts that sometimes gets one of the parents (in the vast majority of cases – the mother) for the child.
for example, if the father sits on the unemployment benefit, the percentage of child support is subtracted from this amount. The lower threshold for the unemployed: 1,5 thousand rubles. But even if the Pope has an official income, but receives not as a top Manager, and something in the area of minimum wages, the Family code, the child relies 25 percent. That is, if the father in Saratov, pay the minimum, then the child will receive about 3 million rubles a month.
of Course, this order of numbers is unlikely to cover half of even the most modest of costs on the child. In any region of the country.
Exactly 3 thousand rubles, and sends child support for son ex-husband of Galina. Her five year old, he wants to learn to ride a bike – how the neighborhood boys.
“But what’s the bike for such maintenance, – tells mother, – if they are not powerful enough to “feed” and “clothe”. In response to claims Maksim’s father before I showed zero return on income. It would seem – with the unemployed and bribes smooth. But often it is a profanation. “Ex-husband actually – the CEO of his own company, – explains Galina. Now he thought of another way not to pay the real amount of their income: he settled himself to his firm as a cashier at a salary of 12 thousand and pays child support on that amount. And this despite the fact that Maksim’s father recently bought a new car, and before the introduction of quarantine is actively traveled abroad. But on the bike the son he supposedly “no money.”
according to Dmitry Savelko, candidate of legal Sciences, the only way to force parents to pay adequate money to set the same minimum wage as the minimum amount of maintenance. He therefore fully supported the legislative initiative of the justice Ministry, adding that this warranty will be protected not only when one of the parents does not work.
“Now we have very low culture of responsibility for their child and alimony – lawyer says. Very often fathers don’t want to pay a decent child support, so hide their income, assets rewrite parents, brothers, seerased, etc. At the moment in these cases, the mother and the child is not protected.” In practice, the story of Galina and her son – one of thousand similar. To change the appalling situation of Affairs will the new amendments. “The minimum wage will put a man before a choice: either you open the income, or you are brought to responsibility, up to criminal”, – stressed the lawyer.
Because while to find justice for these negligent fathers is quite difficult. To prove that there is concealment of real incomes for the purpose of evasion from payment of the alimony, it is now possible only in one scenario. The child’s mother may file a claim for the change in the order of accrual of child support interest income on fixed cash amount. However, this difficult path will have to prove in court that you two times more spend on the best interests of the child: collect all receipts and payment documents.
With the adoption of the new law will be enough to come to the court, which will issue an order, and the minimum wage will be automatically deducted from the income of the father. And only if this amount is calculated on the minimum wage does not cover the real costs of a child, you can ask the court to increase the amount of maintenance to preserve for the child the same level of security. This allows you to make the article 83 of the Family code, to improve the provisions of which are also working in the Ministry. So in the end the mother will have a choice: either get a certain percentage from the salary of the former husband or to require a solid amount of the minimum wage.
Galina is not afraid of difficulties and ready to go to court for a solid amount of money for my son. Under the present legislation is long and difficult litigation. If the proposed rule is already in effect, it could now a simplified procedure to obtain a judicial order for the calculation of child support in the amount of the minimum wage instead of 3 thousand rubles, and it would be a good help while coming great trial. Maksim’s father not to see my son for a year and a half, not even happy birthday. Of course, neither the letter of the law will not awaken in him his father’s feelings. But if your new edits will be accepted, the max still shows the bike, and he can tell all your friends: “This is my dad gave it to me!”, at last ceasing to feel like the black sheep. Get to love your child to be interested in it, and rejoice in him new skills and abilities the state, alas, can not, but be obliged to repay the money, sufficient to enable the child to grow up and live a full life, – is quite capable authorities.