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Child’s rights to alimony: protection, violation, receipt, minor children
Child support rights are protected by law. They must be paid by a parent who does not live with the family.
Protection of the right of minor children to receive alimony
The child receives support from his parents – food, clothing, treatment, education, etc. Both parents should allocate money for this. If one of the parents does not live in the family, he is obliged to pay child support to the other parent. This usually happens by a voluntary agreement, officially confirmed. If the parents cannot find a compromise on this issue, the court appoints the amount of alimony.
The amount of child support can be constant or variable, depending on the parents’ monthly earnings. Also, alimony can be paid in the form of property or in another way, which the parents agree on.
In rare cases, the child’s grandfather or grandmother may be responsible for the payment of alimony. For this, 3 conditions must be met:
- grandchildren need help;
- they do not receive support from their parents;
- grandparents have the financial ability to pay child support.
Each case is considered by the court on an individual basis.
The amount of alimony should be indicated in the agreement, but if this information is not available, then you need to be guided by the following rule: for one child, alimony is 1/4 of the salary, for two children – 1/3, for three or more children – 1/2 of the salary or other kind of parent’s income.
The amount of alimony can be increased or decreased by the court. For this, the court takes into account the financial condition of both parents. The revision of the amount of payments can be at any time while the child is not yet 18 years old.
Violation of payment of alimony
If a person does not pay child support, they are constantly growing. Their number is not written off with a limitation period. If the parent has no money, the court can take away the property in favor of the child. A malicious defaulter of alimony can be banned from traveling abroad, and as a punishment – to increase the amount of payments. If a parent refuses to pay alimony for a long time, he will face criminal punishment under article 157 of the criminal code. However, the court resorts to this measure only as a last resort. Please note that even after leaving prison, the parent will be required to pay child support.
Alimony is money to support a child. This is an important help for a parent who single-handedly brings up a baby, so you should not refuse this type of payment.