It is not uncommon, that the parties, obliged by the court to pay child support, there may be various conflicts, some of which are situations, when a person does not agree, as past payments for financial child support has been paid.
Disputes over non-payment of support or arrears of child support can not end, if the former spouses did not come to address this issue in good faith. It would be right on the part of both parties to insist on drawing up receipts. It is capable of, even over time to point out, how events unfolded, and what was obliged to perform, or have performed each side. In any case, spruce, delays or non, the question arises: "Who has to prove, that payments had been made or not?»
To the surprise of many, faced with this situation, the duty of the parent to pay maintenance, It is, to prove, that payments were made. Therefore, the receipt of transfer payments in the first place to protect it.
Paying child support a parent must prove, that he made payments, if the dispute has arisen. If, after each transfer a sum of money shall be signed by the receipt of the transfer of alimony, then questions about his conscientious attitude to payments, there is no. Although the drafting and signing receipts may seem a complicated process, especially if payments are paid monthly, the result is worth it.
Documentary evidence of payments
Often the parent paying child support payments can document yourself. If the paying parent can not solve this situation, relating to proof of payments made, then you have to hire a lawyer.
In most cases, the paying parent does not make all payments by check, bank transfer or otherwise fixed manner. Since all payments can be performed using different methods, he can not have a clear record of the bank made payments. The best embodiment is the method of, when all payments are paid from the withholding of wages. Unfortunately, this method is used extremely rarely.
Instead, parents often pay in cash, or using money transfer. presumably, parent must be opportunity to prove payment, make a remittance. However, parents often do not get a receipt, and sometimes they do not remember, where the transfer has been made, or where the check was lost. Even if they know, where it is converted, it is difficult to obtain a record of the transaction without the money transfer number, what, in turn, It complicates documenting, it was transferred or cashed.
That is why it is desirable to make all payments due to the retention of part of wages, and then drawing up receipts of transfer will not need to alimony. but, for whatever reasons, many parents are persistent in, to refuse to hold a part of wages.
If the retention of part of wages is not the best option, then it would be wise to make all payments in such a way, to get a check. Remittances will further embodiment, because the paying parent will be easier to maintain records in good order, and preferred to use the same bank every time. This will allow to have an established account with a payment history.
Individual attention, undocumented payments, they are unrecognized payments. If there are no documents on the transfer of a sum of money as alimony, it usually means, that the payment will not be recognized. Consequently, parent to pay alimony will be fully obliged to make unsubstantiated charges again, regardless of, they really were made.
A receipt for child support
Most often among parents paying and receiving child support common way to transfer a sum of money from hand to hand, in the form of cash. For many, this method is the most reliable. But we can not do without making supporting document, namely - Receipts.
It is worth to spend the difference between receipt and agreement alimony. The agreement requires the assurance of a notary's office, without fail. The receipt does not require certification and can be compiled independently. Main condition, when its legal validity is recognized, It is, that must be made all the details and neither party shall have no claim to his partner on financial transactions. Certification of attorney must also be taken, if it is a fairly large sum of money. Then it is better to enlist the support of a qualified specialist, to exclude the possibility of some problems.
How is the receipt of the receipt of maintenance for the child care
Who should be a receipt? Surely this issue is the most common. But here everything is logical and obvious, the, Who got the money, He wrote a paper about getting cash. Important to remember, that the document should not contain errors, erasures and corrections.
Often it is a written document contains a number of these problems, under which the document will be invalidated. If the parties themselves have found an error, It will help you create a new document and destroy previous. Handwriting should be neat and legible. All data should include precision.
Some decide to make a one time form, in which you need to pay monthly only current date and some other information, and the rest of the text remains the same as always and correctly printed. This option is the perfect solution, especially if you need to make payments on a monthly basis.
If the parties decide to take the help of witnesses, it is worth remembering a few rules, eg:
- witness has put his signature on the receipt;
- to be in full form to indicate the name, name and patronymic of each of the witnesses;
- passport data: series, issued by, place of residence.
regarding the payer, a receipt should also be made to similar data.
In addition to these details should take care to make the following information:
- telephone number of the payer;
- place and date of making receipts;
- the purpose of the money transfer, in this case – alimony;
- document's name, under which there is transfer of funds, such as a court order to pay child support;
- payment amount in figures and words, for the faithful interpretation of records;
- the child data, to which you have accrued alimony;
- signatures of both parties and full decoding them.
The procedure for submitting information
Well-written document to check very simple. It must meet several basic criteria:
- read the text well;
- data introduced and transcribed;
- have signatures of all participants and the dates;
- no errors and corrections.
Although the document in any form is made, it is important to take into account the specific procedure for entering information. Namely:
- the word "receipt” It should be written at the beginning of the document, middle of the page;
- followed by the date and the city, in which the signing of the document;
- on the transfer of maintenance information should be as specific as possible.
The receipt must contain similar phrases:
- " I ________________________, residing at _______________, certificate data according N series _______________, issued ____________________ ";
- "... I received child support from a citizen ________________________, residing at _______________, certificate data according N series _______________, issued ____________________ ";
- "... the amount of money is _______________________ ___, money received me HH / MM / YY”;
- "... the parties have no claims to each other”;
- "... a document drawn up on the basis of a court decision on the payment of child support maintenance (FI. the child and the accompanying passport data);
- "... child support paid in full";
- "... at the time of signing these receipts, arrears of child support does not exist”.
As you can see the text of receipts can be easily adapted to the specific circumstances and evolve over time, according to changes, taking place on an agreement between the parties. for example, may be payable, the person paying the alimony can change the name, Payment could occur to a greater or a lesser extent, side could make a payment before or after the scheduled time, and change the registration address. All this information must be current at the time of signing the document, so the monthly compilation of receipts will keep the relevance of data. These points are very important for the recognition of the actual receipts, and able to provide legal and legal protection.