In the State Duma received the amendments to the Family Code aimed at protecting the interests of minor children.
Divorced men will be obliged to pay maintenance in addition to buy or rent an apartment to his former wives and kids. Such amendments to the Family Code has recently received the State Duma. The purpose of innovation - to protect the interests of minor children. Experts, however, believe that the shaft lawsuits by ex-wives could paralyze the bailiffs' service, which with normal alimony today do not know what to do.
Amendments to the Family Code made by the State Duma Vladimir Ulas and Igor Edel. They propose to oblige parents to ensure children's shelter. It must be either flat to live together, if the parents live with their children, either purchased or rented housing specifically for children in case of divorce. The apartment must be well-maintained, with an area of not less than social norms (33 sq. Meters per person, and 42 sq. Meters on two and 18 sq. Meters on three or more) and be in the same village where the children lived before. The only constraint - the cost of a parent with child support can not exceed half of its income. The explanatory memorandum states that the purpose of amendment - protecting the rights of minor children after the divorce of their parents. Under the current law the court in a divorce can oblige a man to solve his ex-wife with a child to live in his apartment for a while. However, the authors of the amendments argue that, in practice, this right can not be realized.
The State Duma supported the amendment. The first deputy chairman of the Committee on Women, Family and Children Natalia Karpovich said "NO", that the initiative deals with the situation where a woman with a child, even when prescribed in the apartment of her ex-husband can not live with him and are forced to rent an apartment. In this case, the child's father in addition to the alimony will be obliged to reimburse half the rent and utility payments. And if a man sell an apartment, he will select some of the money for the purchase of property for the child.
At the same time change the order of consideration of cases in court for apartments, when they were not taken into account the interests of the children. Now such transactions invalidated, and the buyer loses the apartment. It is proposed to shift the responsibility of the seller from which to recover the share of the child in terms of money. Adoption of amendments scheduled for the autumn, the entry into force - from next year. According to Ms. Karpovich, amendments to restore justice, because "the welfare side, remaining without a child, usually higher than with a child».
If you entrust the duty of men to solve the housing problem of ex-wives, the number of lawsuits by divorced ladies will increase by a quarter, predicts "NO" lawyer Georgy Zubov. According to him, the shaft can cause paralysis lawsuits Marshals Service, which are struggling to cope with knockout debt from the current alimony.
Number of defaulters remain the same, but only increase their amount, said "NO" Head of Media Relations of the Federal Bailiff Service (FSSP), Igor Komissarov. According to him, honest alimentschikov still regularly will pay, and the dishonest - shy, and their money will be collected by force. Currently, the FSSP is 1, 3 million. Writs of execution on debtors alimony. In the first five months of this year, managed to knock out money from 454 thousand. People, fully repay the debt of 32 thousand. Another 36 thousand. Cases suspended in connection with the non-occurrence of the debtor, and on 12 thousand. Cases of criminal proceedings under Article 157 of the Criminal Code "Deliberate evasion child support payments. " Guilty faces arrest for three months or a year of corrective labor.
Amendments deputies - not only a blow to alimony. In June, the State Duma increased the penalty for delay in the payment of alimony to 0, 1% per day for 0, 5%. In addition, a draft bill requiring the guardianship alone to bring proceedings against divorced men when they find out that they do not help their ex-wives with children. Another bill requires not tied to income maintenance men, and to the subsistence level of the child, setting their size is not less than 50% of this amount. Currently, the amount of support is 25% of the income of Pope for one child, 33% for two and 50% for three or more. The number of divorces in the past year amounted to 686 thousand in Russia., Or 54, 3% of the number of prisoners in the same time marriages. The number of divorced men with children is estimated at 10 million. Man.
The tightening of sanctions against the alimony would be a devastating blow to the economic status of divorced dads, says Professor of Psychology and Social Medicine Academy of Natural Sciences Yevgeny Shaposhnikov. According to him, the majority of men do not pay child support because of poverty, and not because of unwillingness to help their children. Now, "if it will comply with all provisions of the law, he would be homeless." Normal women do not require the entire state, and in some cases it is possible "criminal developments," warns psychologist Shaposhnikov.