Child support and maintenance

What is happening

The child's father or mother officially earns the minimum wage while clearly living on other income. A quarter of the minimum wage is next to nothing, so the question is how to show the court the real standard of living and move to a fixed sum.

Support was ordered long ago, but arrears keep growing: the bailiffs send stock replies, the payer has changed jobs, moved away or put property in relatives' names. At this point the work is less about the court and more about enforcement proceedings.

The reverse also happens: the payer's circumstances have changed, other children have been born, income has fallen, or the eldest child has come of age. The amount is not recalculated automatically; it changes only by agreement or by the court.

What the law says

• Parents must support their minor children. They can set the terms in a notarised support agreement; without one, support is claimed through the courts (the Family Code).
• As a rule, the court awards support as a share of earnings and other income: a quarter for one child, a third for two, and half for three or more. The share may be reduced or increased depending on the parties' circumstances.
• Where income is irregular, received in kind or in foreign currency, or a share would seriously harm the child's interests, the court sets support as a fixed sum, which is then indexed.
• Where paternity is not disputed and no one else needs to be joined, a court order can be obtained in summary proceedings; a dispute over the amount or a claim for a fixed sum goes through a full action (the Code of Civil Procedure).
• Support for past periods can be recovered for up to three years before the claim, if the recipient tried to obtain it and the payer evaded. Arrears caused by the payer carry a penalty under the Family Code.
• Enforcement follows Federal Law No. 229-FZ of 2 October 2007 "On Enforcement Proceedings": deductions from income, freezing of accounts and property, and restrictions on travelling abroad and on driving.

What we do

• We assess what makes more sense: a share of income, a fixed sum or a combination, and which route is faster in your case: a court order or a full claim.
• We gather evidence of the payer's real income and spending and of the child's needs.
• Where the parents have reached agreement, we draft a notarised support agreement.
• We prepare the claim to award, increase or reduce support and represent you in court.
• We calculate arrears and the penalty and challenge incorrect calculations by the bailiff.
• We follow the enforcement proceedings: applications to trace income and assets, for restrictions, and complaints about bailiff inaction.

What we will need from you

• The children's birth certificates and, if applicable, marriage or divorce certificates.
• Information on the other parent's work and income, including unofficial income: posts, adverts, messages, evidence of purchases and trips.
• Evidence of spending on the child: medical care, schooling, clubs, special needs.
• Any existing judgment, court order or support agreement.
• The enforcement file and correspondence with the bailiffs, if there are arrears.