It is impossible to force the father to communicate with the child, play football with him or have a heart-to-heart talk. But after a divorce, the obligation to support the heir is not removed from the parents, although due to myths, many mothers are sure that they will not be able to get what is due to them.
The duty of parents to support a child is described in the Family Code of the Russian Federation. As in other countries, after parting, both mother and father are responsible for the quality and standard of living of the child. True, in practice, one of the parents often forgets about this, starting a new life.
There are many non-payers of alimony in every country of the world, they are dealt with in different ways. In China, for example, the death penalty can be carried out to avoid the contents of the heir. And in America, milk packages have the names and photos of the debtors printed, they can block the wheels of the car. Contrary to popular belief, children are also well protected in Russia. The main thing is not to believe harmful myths about alimony.
Myth 1: You can’t file for alimony before divorce.
can do! Sometimes the separation has already happened, and the former spouse does not give an official divorce. You can go to court to pay alimony before divorce. The loan amount starts increasing soon after the application is submitted, so the sooner it is, the better.
Myth 2: Alimony can be received only from “white” pay
Very often, manipulators scare ex-wives: “I officially get 10 thousand, if you file for alimony, you will not get anything!” And you have to negotiate with the abuser. But this is an illusion. Alimony can be assigned not only as a percentage of salary, but also in a fixed amount.
True, the court will have to prove that the income of the ex-husband exceeds his salary. Bank details, expensive purchases are suitable as arguments. In addition, the task of the parents is to maintain the child’s standard of living after the divorce, so if before the divorce the spouse paid the heirs for a private school, you can ask for the payment to continue.
Myth 3: Proving paternity is difficult without a formal marriage
The marriage did not take place, but a child was born, in whose birth certificate there is a dash. Now how will he be paid if the partner refuses the DNA test? In fact, in court, an exam is one of the ways to prove paternity. As an argument, they will consider testimony, confirmation of living together, even correspondence in which pregnancy is discussed. In most cases, the court takes the side of the mother to protect the rights of the child.
Myth 4: If the father pays child support, he does not give anything else to the child.
Sometimes there are situations when a higher amount than usual is required for the maintenance of the child. And the mother has the right to seek help from the father of the child. True, if the parents regularly pay alimony, then a good reason is needed to increase the amount of maintenance – the child’s illness requires constant care.
Myth 5: Court is the only way to get alimony
Often, peace talks end up much better than a court hearing. It is important to formally record the points on which it was possible to reach an agreement. You can do this with a notary.
Myth 6: If the father doesn’t work, child support isn’t charged
Even if the parents do not have employment and a stable income, child support continues to be received based on the subsistence level. The court may order the father to register with the labor exchange or find a job.
Myth 7: Once you\’ve agreed on child support, you can\’t increase it.
Child support payments are indexed, depending on inflation and can be adjusted as needed.