How to prove misuse of alimony? How to control the spending of alimony? Do guardianship authorities control the spending of alimony.

Is it possible to control the spending of alimony?

If the parents have entered into an agreement on the payment of alimony (the amount, conditions and procedure for paying alimony), then in it they have the right to provide provisions on ways to control the expenditure of alimony (Articles 99 - 101 of the Family Code of the Russian Federation).

If alimony is collected on the basis of a court decision, which does not indicate the possibility of monitoring the expenditure of alimony, then obliging the second parent through the court to report on alimony will also be difficult, since it will be necessary to prove the fact of misuse of alimony (Article 56 of the Code of Civil Procedure of the Russian Federation).

As a general rule, the amounts due to the child as alimony are at the disposal of the parents (persons replacing them) and must be spent by them on the maintenance, upbringing and education of the child (Clause 2 of Article 60 of the Family Code of the Russian Federation).

The foregoing indicates that child support:

a) have a strictly intended purpose;

b) aimed at their maintenance, upbringing and education;

c) and in this capacity represent the child’s income, which is the property of the child, and not his parents.

The parent receiving alimony, in this case, is only the manager of the funds due to his children as alimony, performing the functions of a legal representative.

For example, funds paid as alimony obligations can only be used for the maintenance and upbringing of children, and cannot be used to fulfill obligations for the maintenance of residential premises and payment of utilities for residential premises.

The payment of alimony by one of the parents or the voluntary provision of funds for the maintenance of minor children does not entail his release from participation in the fulfillment of the obligation for minor children to pay for this residential premises and utilities, since, taking into account the current family legislation, alimony or funds paid by parents for minor children should be spent for their intended purpose - for the maintenance, upbringing and education of children, and not for the performance of duties arising from the legal capacity of children in the absence of their ability to independently fulfill their civil legal duties due to their age.

Clause 1 of Art. 80 of the Family Code of the Russian Federation establishes that parents are obliged to support their minor children. This obligation by virtue of clause 1 of Art. 61 of the Family Code of the Russian Federation is equal for both parents.

According to paragraph 2 of Art. 60 of the Family Code of the Russian Federation, amounts due to the child as alimony, pensions, benefits are at the disposal of the parents (persons replacing them) and are spent by them on the maintenance, upbringing and education of the child.

Within the meaning of the above norms of family law, the obligation to support minor children is assigned to both parents equally, regardless of whether they have sufficient funds for this, live separately from the child or together with him, including regardless of the child’s need and availability he has his own income. Alimony paid for the maintenance of children cannot offset the obligations of minors to pay utility bills, for example, in the case when part of a residential premises (apartment) is registered in the name of a minor.

In addition to paying alimony for minor children and disabled adult children, the court may oblige parents to participate in additional expenses caused by exceptional circumstances. Such circumstances, in particular, include: serious illness, injuries to children, the need to pay for outside child care (Article 86 of the Family Code of the Russian Federation). The exceptionality of the circumstance is manifested not only in its extremeness and unforeseenness, but also in the fact that it creates the need for expenses additional to the alimony that is already required for the maintenance of children.

By virtue of paragraph 1 of Art. 61 of the Family Code of the Russian Federation, parents have equal rights and bear equal responsibilities in relation to their children (parental rights).

In accordance with paragraph 3 of Art. 28 of the Civil Code of the Russian Federation, property liability for transactions of a minor, including transactions made by him independently, is borne by his parents, adoptive parents or guardians, unless they prove that the obligation was violated through no fault of theirs.

Despite the fact that this article regulates property liability for transactions of a minor, by analogy it can be applied to the obligations of a minor associated with the maintenance of property owned by him, or obligations arising from the use of residential premises.

Thus, if the parent with whom the child lives has insufficient funds to pay for housing and communal services, he must file a claim against the other parent to oblige him to participate in additional expenses. And such a parent has no right to pay for utilities from the money he receives as child support.

Drawing up an alimony agreement or a court order to collect alimony - when it is easier to control child support. Is it possible to request a report from the recipient and check how children's transfers are spent? Actions of the father when alimony is spent inappropriately.

Is it possible to control child support so that it actually goes to the child?

Law-abiding alimony payers pay at least 25% of their earnings monthly for their children. And this is fair, because the parent divorced the spouse, not the child. There are no former fathers/mothers, so you will have to “pull the burden” until the offspring’s 18th birthday. Everything would be fine, but you often have to watch how the formal recipient recklessly squanders child benefits.

A reasonable question arises: is it possible to control child support and how to stop inappropriate spending. The answer is ambiguous, since much depends on the method of payment and the specifics of the situation.

Is the mother required to report how child support is spent?


The procedure for assigning and paying child support is regulated by Chapters 13, 16, 17 of the Family Code. The general aspects of maintaining children by their parents (guardians) are also clarified by other norms of the UK.

The parent who left the family is obliged to provide for the child from a broken marriage, and the one with whom the child remained is obliged to spend payments on the minor recipient (Article 60 of the RF IC). However, the mother’s (or father’s) obligation to spend the alimony proceeds in a targeted manner is declarative.

There is a norm, but there is no legislative mechanism for controlling expenses and the recipient’s obligation to report. However, in the case of drawing up an alimony agreement in accordance with Chapter 16 of the RF IC, spouses have the right to provide for the reporting of the recipient parent in any form.

The court will not initially oblige the mother to report to the father. In the future, this requires compelling reasons and a special request from the payer, or a petition from the guardianship authorities.

Can mothers spend on themselves?


The payer sends alimony for the upbringing and maintenance of the child. What is included in this concept:

  • provision of nutritious food and purchase of children's clothing;
  • basic and additional training, visiting sections, cultural events;
  • maintenance of health, treatment, improvement of the child;
  • creation of decent living conditions.

Education does not rest solely on material wealth. The mother is obliged to maintain a favorable emotional environment in the home and ensure the safety of the children. Therefore, it is logical that the law does not contain a direct prohibition for a parent to spend part of the alimony on herself. Let’s imagine that a young child needs to be taken to the sea, to a sanatorium or to a language camp in the summer. In this case, the mother will act as an accompanying person and legally spend child support on travel, accommodation and tickets.

All expenses must be associated with creating decent conditions for the child in the family and society. It is prohibited to use children's benefits to buy alcoholic beverages and other attributes of an unhealthy lifestyle, luxury goods, clothes for the mother, pay for the services of cosmetologists and massage therapists, and go to bars and restaurants.

Report for the father - how to confirm the expediency of spending

It is worth understanding that if the mother has her own income, it is very, very difficult to prove inappropriate expenses of alimony.

Therefore, during a divorce, it is better for wealthy parents to draw up an alimony agreement with a clause requiring the recipient to provide a written report to the father about the expenses incurred for alimony.

Things to consider:

  • the nature and extent of child support;
  • frequency of receipts and expenditure options;
  • report form.

In terms of the complexity of its structure, the document should not be compared to a tax return. Depending on the type of child support, confirmation of the intended expenditure will be:

  1. Regular/one-time cash payments. Cash and sales receipts, an agreement with a tutor, a redeemed pool subscription, certificates of visiting sections, clubs, vouchers and other documents regarding the purchase of children's goods and services.
  2. Provision of property (“in-kind” alimony). If state registration is required, documents for registration of the child's ownership shall be submitted. Otherwise, these could be photos of a child in new clothes, with a smartphone in hand, at the monitor of a new computer.

The form of the report depends on the agreement of the spouses. Their frequency can be one-time - upon the provision of assistance to the family, or for a certain period - a quarter, six months, a year.

You can request a report on the intended use of alimony only if a condition is included in the notarial alimony agreement. And then the reason for litigation may be either failure to provide information on time or unacceptable expenses.

Examples


It is interesting that obtaining proof of expenses for the recipient herself is no less important, because there are also a lot of unscrupulous fathers trying to get away from the obligation to support the child.

Irkutsk, 2014. In the court of first instance, the father achieved a halving of alimony because he was able to prove that the mother did not spend the transfers entirely on the child. The prudent woman from time to time stocked up with documentary evidence of targeted expenses, so she filed an appeal and a detailed report on expenses for children. As a result, the original amount of alimony was restored.

But still, much more often the recipients are really too free with paternal support.

Can there be liability for inappropriate spending?

There are no direct measures of administrative or criminal liability for misuse of children's funds. At the request of the payer, arbitrary use of child support is subject to civil consequences:

  • inspection of the child’s living conditions by the guardianship authorities with the subsequent requirement of a report through the court;
  • changing the procedure for paying maintenance in accordance with Art. 60 SK;
  • transfer of a child to his father for upbringing with withholding of alimony from the mother (Article 65 of the Family Code);
  • restriction of the parental rights of the former spouse while maintaining the obligation to provide for the child.

The last measure applies to mothers leading an antisocial lifestyle, which fortunately is not common. The most effective measure is considered to be the division of alimony into savings and expenditure parts according to the algorithm of clause 2 of Art. 60: up to 50% to the child’s bank account.

Now the money is under bank protection; the recipient himself will receive it after reaching 18 years of age. The mother will be able to use the reserved funds in case of urgent vital need after permission from the guardianship authorities.

Ex-wife spends child support: what to do and how to control expenses


It is better to control the costs of child support from the very beginning of fulfilling child support obligations. If the father is sure of inappropriate spending, he must obtain evidence and act. The algorithm follows from the peculiarities of paying child support.

Alimony is paid voluntarily

With the termination of the marital relationship, parents resolve the alimony issue without the intervention of any authorities. The amount and frequency of the benefit, the method of transfer - everything is fixed by verbal agreement. The recipient agrees to the collection of documents on spending alimony. The report in this case is also oral. In the future, the mother may change her mind, and no court will force her to report, since the payment of alimony has not been formalized in accordance with the requirements of the Investigative Committee.

Paid according to a notarial agreement

Notaries are positive about the inclusion of requirements for reports from recipients of payments, so there will be no problems with approval. The document is equated by law to a writ of execution and gives the right to challenge violations of its provisions in court and to collect overdue payments through bailiffs. And if the mother evades reporting or cannot confirm expenses, the court will oblige her to provide the necessary information

Collected by court decision


It will not be possible to oblige the recipient to report due to the absence of such norms in the legislation. But the situation can be changed through the court.

The payer applies to change the transfer method due to misuse of alimony.

The child will receive up to 50% of the due amount to a bank account.

Where to file a claim for the transfer of part of the alimony to the child’s bank account

In fact, the plaintiff insists on changing the execution of the court decision. The procedure of Art. 203 of the Code of Civil Procedure of the Russian Federation - the claim is filed with the court that previously issued a verdict on the assignment of alimony (district court, magistrate).

State duty

In cases involving the revision of a previously adopted decision, no fee is charged.

Consideration of the application by the court


When considering the case, the court takes into account the position of the plaintiff, the circumstances and explanations of the defendant.

The defendant may petition the court for documentary evidence of expenses for children. At the same time, the absence of receipts and checks is not yet evidence of unlawful expenses.

To satisfy the claim, there must be clear misuse of children's funds by the mother with infringement of the interests of the minor.

The previously adopted procedure for transferring alimony is fully consistent with the financial situation in the child’s family, and the judge is not obliged to revise it. The reason for the appeal is a subjective violation of the norms of the Investigative Committee of one of the parties. Confirmation of this fact lies with the payer

Documents and evidence

At the court hearing, the plaintiff presents:

  • statement of claim;
  • package of evidence;
  • copy of passport;
  • alimony court order;
  • certificates of income, salary, alimony deductions.


In accordance with Art. 55 of the Code of Civil Procedure of the Russian Federation, the following evidence can be attached to the claim:

  • explanations of the parties and 3 persons, witness statements;
  • documents on paper (written/printed);
  • evidence;
  • legally obtained audio and video materials;
  • expert opinions.

An eyewitness has the right to be present in person or give explanations via video conference. Evidence must be attached in the form of an appendix to the statement of claim, and in case of later receipt, the plaintiff requests that the document be included in the materials. The court also has the right to request additional evidence and order examinations in the case.

The judge accepts as evidence only justifications obtained legally. That is, you shouldn’t install spy surveillance in your ex-wife’s apartment, just like you shouldn’t listen to her cell phone.

The court's decision


When changing the procedure for providing monetary support, the interests of the parties are secondary for the court. The main thing is to ensure the protection of the rights of the child; as a result of crediting part of the alimony to the account, the standard of living of the minor should not suffer.

The verdict is rendered taking into account the provisions of Chapter 16 of the Code of Civil Procedure of the Russian Federation. The main principle is the legality and substantiation of the court’s position, therefore the decision is made only on the basis of the evidence presented in the case.

The father will be able to control the spending of child support by his ex-wife only if there is a notarial agreement and the obligation to report is included in the terms of the agreement. In other cases, you will have to rely on the mother’s integrity or go to court.

Useful video

The issue of controlling alimony for the paying party will always be relevant. Indeed, often, instead of purposefully spending funds on the maintenance and upbringing of a child, ex-wives spend most or the entire amount of alimony payments on personal whims. As a result, the child may be deprived of the essentials. This situation requires the payer to monitor the provision of the child’s rights through alimony.

How should child support be spent?

In any state, the main aspects of alimony obligations are regulated by the national Family Code. In the Russian IC of the Russian Federation, an exhaustive list of areas for spending alimony amounts received by the parent with whom the child lives is contained in Article 60.

Payments must be spent exclusively in the interests of the child on his:

  • content;
  • education;
  • upbringing.

The first includes the purchase of food, personal belongings and shoes, payment for housing and communal services, medicines and paid medical care, and transportation costs.

The next block includes costs for kindergarten and other developmental institutions, school, special and higher education.

The third position contains costs for the circus and other entertainment, sports sections and clubs, entertainment and educational games.

At the same time, family law, which determined specific types of alimony expenses, does not contain specific rules for control over them. These actions are based on law enforcement practice.

Options for controlling alimony

Ways to control alimony depend on the method of assigning payments. In this regard, the following options are possible:

  • voluntary;
  • under an alimony agreement;
  • based on the judge's decision.

Voluntary method excludes appeals to a notary or a judicial body and implies verbally agreed upon by the parents for the recipient of alimony to report on their expenses.

It would just be ideal to agree with your ex-wife to provide copies of receipts and checks from expenses for the child. However, in practice this is a utopia, because if the mother refuses to report, there are simply no methods of putting pressure on the parent in this option.

If an alimony agreement is concluded with a notary the control requirement is prescribed in this paper, which actually has the status of a writ of execution.

The third method is self-explanatory.

Control under alimony agreement

Such a document containing the amount and procedure for alimony payments is concluded voluntarily between the parents in a notary’s office. To control the funds transferred to the child, it is enough to provide the corresponding clause or section in the document.

If there is a provision, there are all legal grounds for control over alimony by monitoring receipts of expenses for the entire range of needs of the child, provided for in Article 60 of the IC of Russia.

If the recipient fails to comply with the agreement, the payer has grounds to challenge the violated rights through bailiffs or in court. Law enforcement agencies are obliged to restore justice and oblige the recipient parent to report monthly on expenses incurred for the child.

Important! If, when concluded, the alimony agreement did not contain a provision on control over alimony, then such an addition can only be made by mutual agreement of the parties.

Control by referee's decision

This option is possible in 2 cases:

  • the recipient’s reluctance to add an addendum on control to an already existing agreement;
  • assignment of alimony payments by the court.

In the first case You can still try to negotiate peacefully. After all, once the parents have already reached an agreement on the procedure and amount of alimony. However, in such a situation, changes in the control of alimony will take effect only from the day they are introduced. It will not be possible to check the previous period.

To initiate alimony control proceedings through the judiciary should prepare. Convincing evidence should be collected that the mother spends funds on her own needs.

How to collect evidence

For these purposes, in accordance with the provisions of Article 66 of the RF IC, a corresponding written request must be addressed to:

  • guardianship unit;
  • kindergarten, school and other educational institutions;
  • medical organizations.

As a response measure, specialists from the first structure on the list are required to study the child’s standard of living, including the state of affairs with the expenditure of child support. To do this, employees of the guardianship authorities must request information about:

  • sources and amounts of the recipient's monthly income;
  • mother's credit obligations.

Based on the analysis of the received materials, a special act is prepared with conclusions about the spending of alimony on the needs of the child or other needs.

Responses from other specified authorities will also contain information about the standard of living and expenses for the child. A father who lives separately from the child may be refused to provide data only if there is a threat to the life and health of the child from this parent.

Also, to collect information about the mother’s indecent or antisocial behavior, you can involve a private detective or a local police officer at her place of residence.

How to file a claim

Having collected evidence, you can write a statement about the misuse of alimony to the court. A claim seeking to minimize the established amount of alimony must be filed with the judicial authority at the place of registration of the defendant. In your application, be sure to indicate:

  • name of the judicial authority;
  • information and contacts of the plaintiff and defendant;
  • circumstances of alimony assignment (indicate a court decision or alimony agreement), the amount paid;
  • reasons for reducing payments;
  • demands of the plaintiff-alimony payer;
  • the result of an attempt to resolve the problem out of court;
  • the amount required to be reduced with reference to the norms of the Russian IC and Civil Procedure Code;
  • attached evidence and other papers.

Attached to the application:

  • 2nd copy of the petition;
  • receipt for payment of state duty;
  • a copy of the judge's order granting alimony or alimony agreement;
  • act of the guardianship authority;
  • certificates from kindergarten, medical institutions, school or technical school;
  • other documents necessary documents, as well as items to prove the misuse of alimony.

The document is signed by the applicant or his legal representative acting by proxy. You can submit a petition either in person or by mail or electronic means, including through the State Services portal.

Result of litigation

You should be aware that when applying to a judge, the maximum victory will be a reduction in alimony by half. That is, the norm of part 2 of article 60 of the RF IC will be fulfilled. As a result, the court will decide to transfer child support to a bank account specially opened in the child’s name. However, parents will not be able to use this money until they reach adulthood. Restrictions can only be lifted by the guardianship authority.

Another option would be to deprive the mother of parental rights only if there is strong evidence for this.

How to control alimony through bailiffs

For these purposes, you should use the official FFSP website, where you need to register. In the appropriate section you can request information of interest regarding the writ of execution. The response will also be received in the form of an electronic message or sent by mail if the address is indicated and such a request exists.
In general, you should understand that in case of possible mistrust of your ex-wife, you need to prepare for measures to control alimony at the stage of divorce or the process of formalizing it. It is best to specify these requirements and the procedure for their implementation in an alimony agreement or a court decision when assigning payments in court. Such obligations are enforceable. Otherwise, ensuring effective control over these payments is very problematic. Good luck!

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On control over the use of alimony

Hello!

Divorced half a year ago, he left with his ex-wife two children: a daughter, 10 years old, and a son, 6 years old.

I pay about 45 thousand a month in alimony.

My ex-wife and children live in a one-room apartment that I bought during marriage. The certificate is issued in my name.

She pays the rent from alimony - about 5 thousand.

He also pays for the garden - 2000 rubles per month.

My ex doesn't work anywhere.

Divorced her because of her drinking.

I myself was forced to take out a mortgage, for which I now pay 51 thousand rubles per month. I earn about 120 thousand per month.

those. I have 24 thousand rubles left.

I pay rent from them about 6,000 rubles per month. and I also spend money on children, because... Every weekend and sometimes on weekdays the children live with me.

I hoped that my ex would dress them for child support, but in the end the children wear last year’s shabby clothes. I got tired of it and started buying them clothes.

Now I don’t have enough money to live from paycheck to paycheck, I have to earn extra money.

I suspect that my ex continues to drink, but I can’t prove it.

Please advise how I can protect my interests and the interests of my children in this situation?

Sincerely,

Denis Khvostikov.

Lawyers' answers

Best answer

Kirillova Svetlana Vladimirovna(02/06/2015 at 23:43:57)

Dear Denis!

For those received by your spouse, you need to go to court with a claim to change the method. APPLICATION to change the method and procedure Based on case No. *** dated ***. applicant in the amount of 1/4 of all types of earnings for the maintenance of a minor child xxxxxxxxxxxxxxxxxxxxxxx, ***birthday In accordance with paragraph 2 of Art. 60 of the RF IC, paragraph 15 of the Plenum Resolution No. 9 of October 25, 1996 “On the application by courts of the Family Code of the Russian Federation when considering cases of and on the collection of alimony,” the court has the right, based on the interests of the children, at the request of a parent obligated to pay alimony for minor children, make a decision to transfer no more than fifty percent of the amount payable to accounts opened in the name of minors in banks. If such a demand is made by a parent from whom alimony is being collected on the basis of or, it is resolved by the court in accordance with Art. 203 Code of Civil Procedure of the Russian Federation. According to Part 1 of Article 203 of the Code of Civil Procedure of the Russian Federation, the court that examined the case, based on statements from persons participating in the case, or based on the property status of the parties or other circumstances, has the right to change the method and procedure for executing the court decision. I consider it necessary and expedient to apply the right to transfer 50% of alimony to account *** No. ***, opened by the applicant in *** Bank of the Russian Federation. This method and procedure for executing a court decision corresponds to the interests of the child - funds will be accumulated on the child’s account for education at school and university, for the purchase of his own real estate when the son reaches adulthood, and other vital purposes. At present, the alimony paid by the father is spent by the mother mainly on her own interests and alcohol abuse. Based on the above, I ASK: Change the method and procedure for executing the writ of execution in case No. *** dated ***. Establish the following method and procedure for execution: - 50% of alimony should be transferred to account *** No. ***, opened in ***Bank of the Russian Federation, Details: *** - 50% of alimony should be transferred to the claimant (full name of your spouse). Appendix: 1) copy; 2) a copy of the certificate; 3) a copy of the writ of execution in case No. *** dated ***; 4) a copy of personal account details. You also have the right to contact the guardianship and trusteeship authority with a question about the inappropriate behavior of the mother of the children (drinking alcohol). If necessary, you can also resolve the issue of raising children independently: determining the place of residence of the children with you, so you will stop supporting the children, and will directly help them.

Oleg Eduardovich(02/06/2015 at 16:36:20)

Good afternoon.

As for alimony, if you really have evidence that the wife is spending money not on the child, but on herself, then the issue can be resolved in court.

According to Art. 60 of the Family Code of the Russian Federation, the court, at the request of a parent obligated to pay alimony for minor children, has the right to make a decision to transfer no more than fifty percent of the amounts of alimony to be paid to accounts opened in the name of minor children in banks.

As for control over the expenditure of funds, in cases where alimony for the maintenance of a minor child was awarded by a court decision, it is possible to resolve this dispute in court. In accordance with the current norms of the Family Code of the Russian Federation, Resolution of the Plenum of the Supreme Court dated October 25, 1996 No. 9, courts are authorized to change the procedure and method of implementing a court decision.

This is possible if the alimony payer submits a corresponding application. With such a change, special circumstances are taken into account, such as the financial situation of the parties, abuse of the alimony recipient’s rights, and the interests of minor children.

Based on the results of consideration of such an application, the court makes a decision obliging the alimony payer to pay an amount within 50% of the alimony amount in non-cash form. To do this, the necessary account is opened in the name of a minor child.

It should be noted that the opinion is that alimony should be used by the recipient exclusively for the child. Here you need to understand that part of these funds spent on home renovation, interior items, a trip to the sea with a child, or a trip to the circus or theater is also considered to be spent lawfully.

A cozy home, children's entertainment, relaxation - all this is part of the baby's development. Providing proper child care, as we know, is the responsibility of parents.

The applicant will also need to prove the fact that the use of alimony by its recipient is inappropriate. To do this, you can attract witnesses and provide receipts. A good help in this situation would be to involve the guardianship and trusteeship authority in the judicial process.

The legislation clearly establishes the responsibilities of this body, which includes control over compliance with the rights of minors. All this will also be taken into account by the court in the process of making a final decision.

Unfortunately, it is impossible to obtain an accurate report for every penny spent, but when withdrawing funds from the account in the amount of more than one thousand rubles, the recipient of alimony will be required to provide the bank with a document confirming the purpose of spending this amount of money.

Thus, despite the absence of a clear mechanism for controlling the expenditure of alimony, the legislation provides good chances for the alimony payer to protect his funds from misuse, as well as to protect the rights of the child.

Zubkov Sergey Vasilievich(02/06/2015 at 16:41:51)

Dear Denis. You can't hide drunkenness! Don't the neighbors know? This can't be true. Chat with them. If they know and confirm, then this is good evidence in accordance with Article 69 of the RF IC. Here is her text. Parents (one of them) may be deprived of parental rights if they: evade the duties of parents, including malicious evasion of child support; refuse, without good reason, to take their child from a maternity hospital (ward) or from another medical organization, educational institution, social welfare institution or similar organizations; abuse their parental rights; children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity; are patients with chronic alcoholism or drug addiction; committed a deliberate crime against the life or health of their children or against life or health. This is the best way out of this situation. Deprivation is carried out in court. Contact the guardianship and trusteeship authority for help. They will be participants in the deprivation process. It is necessary. After deprivation of parental rights, the deprived parent loses all rights in relation to the children, but is not released from the obligation to support them. In particular, pay child support. Second way. Contact the court with a request to determine the place of residence of the children with you and for exemption in this regard from paying alimony. Witnesses will also be required to determine the place of residence. By the way, they could also be your parents, colleagues, who probably know and see your care for your children. You can also go to court with a request to transfer no more than 50% of alimony to the children’s accounts. But don't go for it. After all, 50% of the remaining ones will drink themselves to death. And the children will stay with her. I don't think you will agree to this. And you will do the right thing. Better deprivation. Because in such cases, after many years, the drunken parent sues the children for their support. Is your ex worth it? I don't think so. And I think you agree with this too. After deprivation, this is excluded. If you have any questions, write. Good luck. My answer is your feedback.

Petrov Alexey Ivanovich(02/06/2015 at 16:43:08)

Hello! Denis! Can you determine the place of residence of the children with you? Article 65. Exercise of parental rights [Family Code of the Russian Federation] [Chapter 12] [Article 65] 1. Parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents. When exercising parental rights, parents do not have the right to cause harm to the physical and mental health of children or their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children. Parents who exercise parental rights to the detriment of the rights and interests of children are liable in accordance with the procedure established by law. 2. All issues related to the upbringing and education of children are resolved by parents by mutual consent based on the interests of the children and taking into account the opinions of the children. Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and trusteeship authority or to the court. 3. The place of residence of children in the event of separation of parents is established by agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, parents, material and marital status of parents, etc.). At the request of the parents (one of them), in the manner established by civil procedural legislation, and taking into account the requirements of paragraph two of this paragraph, the court, with the obligatory participation of the guardianship and trusteeship authority, has the right to determine the place of residence of children for the period before the determination of their place of residence enters into legal force. 4. When exercising parental rights, parents (persons replacing them) have the right to assist them in providing the family with medical, psychological, pedagogical, legal, and social assistance. The conditions and procedure for providing assistance in providing this assistance are determined by the legislation of the Russian Federation on social services.

Today, there are often cases of violation of the intended use of alimony. Some mothers violate the legal right of their offspring to financial support from the second parent who left the family. Therefore, in this article we will examine the most pressing issues related to such an issue as the misuse of child support.

The norms of the Family Code (abbreviation - SC) protect the interests of children, therefore they specifically stipulate for what needs child support funds can be spent. This:

  • nutrition,
  • clothes, shoes;
  • financing of studies (courses);
  • upbringing;
  • treatment;
  • entertainment and relaxation.

Unfortunately, there are cases when a single mother spends her children's funds on herself. How to prove to the alimony payer the misappropriation of alimony funds and how to change the situation?
The RF IC (Article 60) states that alimony assistance from the parent who left the family goes to the disposal of the second parent raising a common child. That is, the money goes to the parent with whom the child lives together. But modern legislation does not assume the function of controlling the expenditure of funds. Therefore, the law does not provide for punishment of alimony recipients for misuse of money.

How to make a mother responsible for the misuse of children's money?

In case of alimony being used for other purposes, the payer of compensation paid for the child's maintenance is offered some ways to influence the recipient:

  1. Ability to control child support using payment documents.
  2. The ability to request information from the bank about the status of the account and where the expenses were sent.
  3. Possibility to transfer part of child support payments to the child’s bank account. The student will be able to use this money upon reaching his 18th birthday.
  4. File a claim on the basis of which the alimony provider will assume the responsibility of raising the child.
  5. The opportunity to deprive a parent of the right to raise a child and take responsibility for the use of child support payments.

The court can take away the mother’s right to raise children under the following circumstances:

  1. The mother does not want to satisfy all the key needs of the child.
  2. The mother leads an immoral lifestyle.
  3. The money is not spent on the child, the proof will be the facts of drinking alcoholic beverages and using drugs.

On a note! If the alimony payer has suspicions that the recipient is spending children’s funds for other purposes, then control of their use should be immediately arranged. The mother must be required to provide receipts for all child support expenses.

You can control the alimony recipient in different ways:

  1. . In this case, the alimony recipient must voluntarily agree to collect all receipts for embezzlement in order to subsequently confirm the intended use of the money. But if the mother refuses to report, then the father will not be able to force her legally.
  2. . To prevent the situation described above from occurring, a child support agreement for the waste of children's transfers is drawn up and certified by a notary. Any changes made to the agreement must be confirmed by the signature of a notary (RF IC Article 99 and Article 101).
  3. Control of expenses by court decision. Legally, the father will not be able to control how the mother of his child spends child support payments. But the situation may change by court decision. To do this, you will need to submit an application to change the method of transferring child benefits to the court. It is accompanied by evidence that child benefits are being spent for other purposes.

On a note! In judicial practice, they most often resort to percentage transfers of money, where 50% of the monthly payment is transferred to the child’s account and half to the alimony recipient.

How to legalize the transfer of part of alimony to the account of a minor?

Based on the Code of Civil Procedure of the Russian Federation (Article 203), the corresponding claim is submitted to the court that previously made a decision on making child payments. There is no state duty imposed on this requirement.
The probability that the request will be satisfied is 50%. To achieve a positive court decision, you will need witnesses and strong, supporting evidence about the improper waste of child benefits.

The following points may serve as evidence of misuse of funds:

  • reports from representatives of the commission on affairs of minors;
  • acts of guardianship authorities that reflect the poor conditions in which the child lives;
  • information about the salary of the father and mother;
  • availability of a loan from the recipient of child assistance;
  • payments for non-targeted expenses.

Attention! In addition to documents proving the misuse of alimony, the following documents must be provided for judicial proceedings:

  • a court order for alimony payments issued by a previous court;
  • reporting information from bailiffs;
  • a certificate from the alimony payer’s work about the amount of salary and the amount of monthly deduction;
  • a document confirming the breakup of a marriage or its existence.

Judicial practice confirms that the court often takes the side of the recipient if the minor pupil does not experience need, and the home living conditions comply with the standards.
If the court raises the issue of the percentage division of the child benefit (i.e., one party wants 50% of the money to go to the child’s account), then the parents will be required to guarantee that under such conditions the financial situation of their child will not worsen. After all, he can withdraw alimony payments from the account only when the child reaches his 18th birthday, or with the permission of the guardianship authorities in a vital situation (for example: for the treatment of a minor child).

Current questions and answers

  1. Question. The mother does not allow the child support payer to find out in what conditions their child lives together. How to prove that the living conditions of the offspring are unsatisfactory?
    Answer. The alimony payer can contact the guardianship authorities and ask representatives of this structure to study the conditions in which the offspring lives and submit an official report. On its basis, the child’s father will be able to demand that the mother report on the waste of children’s funds.
  2. Question. The husband found out that the mother of the child directs all child payments to her own needs, without satisfying the needs of the baby. What should a father do in such a situation?
    Answer. File a lawsuit to change the place of residence of the offspring. But here the alimony payer will need to prove that the child lives in inappropriate conditions and the mother does not show care for him.

On a note! From the age of 10, minors have the right to independently determine with whom they want to live. This factor may be decisive for a court decision.

  1. Question. How to enter into a voluntary agreement to pay child support so that the child’s father can control the cost of child support?
    Answer. In this situation, when drawing up a voluntary agreement to pay child support, the father must insist that the agreement stipulate the conditions for control over the expenditure of children's funds. The legitimacy of the contract is confirmed by a notary.

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