In the case when the alimony has three or more children, he needs to know that the legislation in such cases provides for the maximum deduction in favor of children of alimony in the amount of half of his monthly income(50% of the salary), and in exceptional cases (for example, in the event of a debt for the previous period), deductions from the payer's income under a writ of execution.
Wherein child support for three children are divided depending on the specific life situation:
- If all children born from the same mother, as a rule, is carried out within the framework of one writ of execution (court order), and the payer's funds in a fifty percent amount go to one family.
- In case when children live in different families (i.e. born from several official or civil marriages) - the number of enforcement proceedings and enforcement documents will be a multiple of the number of children, as well as half wages the evader will be divided into as many parts as the number of children in need of payments (i.e., the amount for each of the families will be much less than in the first indicated case).
It must be understood: despite the fact that there is one child in the family, three children or more, the obligation of parents to maintain for each of them.
Parents are required by law to support all their minor children. If legal representatives evade material participation in the life of a son or daughter, then the funds for their maintenance (alimony) (according to Article 80 of the RF IC).
Conditions for paying child support for three children
When a mother and father approach the issues of raising their children with all responsibility, as well as fully financially provide for their livelihoods, there can be no talk of any alimony.
When there is evasion from the maintenance of children, parents, in accordance with the current legislation of the Russian Federation are required to pay in the following cases:
- Documented kinship with kids:
- the parent is listed on the birth certificate;
- there is a document-certificate of paternity;
- paternity is established by a court decision that has entered into force;
- children, there is a corresponding court decision.
- Children have not reached the age of majority, or adult children (one of them) have a disability (Article 85 of the RF IC).
- Payments actually collected by going to court, available about monthly funds.
- Between parents signed notarial agreements on the maintenance of children - although this condition implies voluntary consent to participate in the maintenance of children, there are often cases of non-fulfilment by the obligated parent and the document can be transferred either at the place of employment of the debtor as a writ of execution (clause 2 of article 100 of the RF IC).
Ways to collect funds for three children
As you know, the recovery of alimony should be carried out by the person who actually brings up and maintains the child / children - these persons can be:
- mother, in case of father's refusal to participate in material support;
- father, if the mother does not help financially;
- the guardian (custodian) of the baby, in relation to one or two parents, even if they are - the obligation to pay remains.
Individuals eligible for collection can decide whether to receive payments two ways:
- Voluntarily- concluding:
At the same time, a parent who has three children from one woman must conclude three alimony agreements with her alone - separately for each of the children (this is provided due to the fact that the validity period of the documents will be different, the conditions for collection, payment - may also differ from each other friend).
If the mothers are different, then different women will act as the exacting party - each in relation to her child (that is, there will also be three agreements).
- forced- by going to court with, or.
In this case, the situation is as follows:
- when the mother of the children is one woman, she gives one statement of claim in relation to the defendant on the appointment of payments for three children;
- if the mothers are different, each of them makes a separate claim against her child.
In this case, there is a certain nuance: since claims for child support different women are likely to be served in different time, the mother who did this first can count on for some time in accordance with Art. 81 RF IC. Subsequently, when the second and third mothers sue, they will have to divide half of the payer's income into three families.
Child support for three children
The amounts awarded for three children will directly depend on:
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- How to collect them:
- if the method of collection - , art. 81 of the RF IC established that for three or more children, the payer is obliged to pay 1/2 (or 50%) of all available income that can be withheld monthly;
Example 1.
If the defendant's monthly income is 20,000 rubles, 10,000 of them will be deducted for the fulfillment of maintenance obligations.
- when the collection method is, the courts, as a rule, start from the amount per child in the region where alimony is collected, divide this amount in half by the parents and multiply by the number of children.
Example 2.
If the subsistence minimum per child in the region is 9,000 rubles, and parents are obliged to equally provide it for their child, the amount from each parent will be 4,500 rubles for each child, therefore, for three children, the calculation of the amount will be 4,500 * 3 = 13,500 rub. from the defendant. However, if the children are brought up by one mother, she receives all the funds, but if the children are from different women, the amount established by the court will have to be divided into three: in our case, 13,500: 3 = 4,500 rubles each woman will receive for one child.
The courts resort to the percentage method of collecting funds if the father of the children has a stable legalized income. On the contrary, alimony in a fixed amount of money is established if the income is variable, absent or does not correspond in proportion to the needs of the child.
- The state of health of each child, claimant, payer.
Naturally, if two children are healthy, and the third or severe chronic illness requiring material investments, the payment for him will be higher than for healthy children. The same is taken into account if there are health problems in the mother or father of the offspring: they will be underestimated, and in favor of a disabled mother with a child, on the contrary, they will be increased.
- The financial situation of the parties and the standard of living of the baby.
In general, each maintenance case is a purely individual phenomenon and consists of a much larger number of factors that are clarified by the court in the process of assigning funds. In view of this, the amount ultimately indicated in the writ of execution for each of the children may vary.
Reducing and increasing the amount of alimony
Life situations are changeable, and this applies to everything: work, health, position in society, etc. Changes for better or worse may affect any of the parties to alimony legal relations: the father or mother of children may lose their job, there will be serious problems with health, or, conversely, an unemployed payer who pays "pennies" in a fixed amount, got a job with a high stable salary.
When submitting or reducing payments, it should be remembered that the court must present the most compelling reasons to change an earlier decision, for example, a serious deterioration in the state of health (of the payer, recipient, child), the sudden appearance of a dependent (for example, disabled elderly parent) etc.
Grounds for termination of alimony payments
According to Art. 120 RF IC grounds for termination maintenance obligation payer are:
- death of the payer or recipient of funds;
- or recognition of his full legal capacity until the age of 18 (for example, in the case of early marriage);
- adoption / adoption of a child by another person.
When there are three children and one of them has ceased to be in need for the reasons listed above, the amount of alimony can be changed by the payer or recipient of funds.
If three children are from the same mother:
In this situation, a woman for three dependents receives from her father 50% of all types of income or a fixed amount. When one of the children reaches the age of majority, she is entitled to receive only 1/3 of the payer's income, or a lower lump sum minus the 18-year-old's payment.
If the children are from different women:
Each of them had a third of half of the payer's income for their child (i.e. 50% of wages: 3 parts = 16.6% for each family). When one of the women's child reaches the age of majority, the defendant has the right to apply to the court to change the share of the penalty: for two children, he is obliged to pay not half, but only a third of his earnings.
In the event of a divorce of the parents, and if one of them applied to the court for the recovery of alimony, the other must pay them for the maintenance of a common child. But also in our Russian legislation the possibility is prescribed to collect alimony for the mother (or with rare exceptions for the father) and for their maintenance, if they common child was not three years old at the time.
Alimony paid for a child up to three years, differ from other similar types of payments. At this age, the child still needs constant care, which is most often carried out by the mother. IN rare cases- father. For this reason, a parent caring for a small child is not able to go to work and start earning money on his own, and therefore also needs financial assistance. It is well known that places in kindergartens are not provided until the child reaches the age of three.
How to collect alimony for the maintenance of a wife up to 3 years, and not just for her small child, we will talk in our article.
Conditions for the appointment of alimony for a child up to three years
They are not particularly different from the conditions that are observed when assigning alimony for the maintenance of children of a different age.
If one parent does not live together with his child, does not take a permanent part in his upbringing, does not spend money on his maintenance, he is obliged to pay alimony.
Will they be paid mutual agreement both parents, by court order or writ of execution, it doesn't matter.
The main rule: they must be paid monthly and in a fixed amount - in a fixed amount or as a share of the total income of the alimony payer.
Conditions for assigning alimony to the mother of a child up to 3 years
Article 89 of the Family Code of the Russian Federation refers to the obligation of spouses to financially support each other. If one of the spouses has the opportunity, but refuses to provide this assistance to the needy - the second spouse, that is, for example, the wife will be able to claim alimony from him in judicial order. Important conditions must be met:
- the needy spouse must be disabled;
- this is a pregnant woman;
- this is a needy spouse raising a child under three years old;
- a spouse caring for a common child with a disability of group 1 for life, or a child with a disability of groups 2-3, until he reaches the age of eighteen.
But the main condition is that the spouse (or former spouse) must be legal, not civil.
Alimony for a child under three years old and for his mother
Do you know that
If the ex-wife (mother of a common child) remarried, even if she was recognized by the court as needy and disabled, maintenance payments are terminated. Thus, the ex-spouse is no longer required to pay in order to support the ex-wife.
We said above that child support for up to three years is no different from child support for children of a different age or.
Also, the spouse who cares for such a child can also demand alimony. More often it is the mother who is in maternity leave. With all this given parent must be needy, that is, due to the young age of the child, he does not have the opportunity to work and raise funds for the maintenance of the child and himself.
It is no secret that it is difficult to raise a child on the allowance that our mothers who are on maternity leave receive. And even coupled with child support, this amount is not always enough for the child to eat normally, be dressed and shod.
It is possible to resolve the issue of the recovery and amount of such alimony by concluding a voluntary agreement with the second spouse. Or filing a lawsuit in court. It will also be necessary to prove to the court that the spouse caring for a child under three years of age really needs additional support. The court will also examine the financial situation of the second spouse.
We must not forget that, according to Article 90 of the Family Code of the Russian Federation, the mother of a child under three years of age has the right to demand alimony for her own maintenance, subject to a difficult financial situation, but this obligation does not automatically arise for the father of the child. The wife will be able to recover maintenance for herself after the statement of the corresponding requirement.
Amount of alimony for a child up to three years
It is calculated in the same way as the amount of child support for a child of a different age. And it can either be specified in a voluntary agreement concluded by the parents, or established by the court in fixed monetary terms or in a certain proportion of the total income of the person obliged to pay child support:
- up to 25% - per child,
- up to 33.33% - for two children,
- up to 50% - for three or more children.
Required when sizing monthly payment the court examines the financial situation of both parents. It also takes into account the calculation of the cost of maintaining the child, provided by the plaintiff.
The amount of maintenance for the mother of a child up to three years
The plaintiff - in our case, a mother raising a child under three years old, will be able to indicate in her application the amount of alimony that she would like to receive for her maintenance. With all this, he must take into account that, according to the law, no more than 50 percent of the amount paid for the maintenance of the child can be recovered from the second parent.
Example: if a father pays child support in the amount of 10,000 rubles a month, then he will be obliged to pay no more than 5,000 rubles for the maintenance of his mother. This is due to the fact that, according to Russian family law, the maintenance of a child is the responsibility of both parents equally. Therefore, the cost of it should be shared equally.
It is with this that the method of paying alimony to the wife in solid monetary terms is connected, and nothing else.
Alimony processing and necessary documents
Alimony for a child up to three years old and his mother can be issued:
- notarized (when an agreement on the payment of alimony is concluded between the parents);
- by court order for the payment of alimony;
- on a claim for the recovery of alimony.
The main condition for the maintenance agreement between former spouses- notarization. If this condition is not met, then there is a possibility to invalidate the agreement.
Documents required for registration of alimony for wife and child:
1) the plaintiff's passport,
2) the child's birth certificate, or
3) reference from antenatal clinic indicating the gestational age,
4) certificate of marriage (if the marriage has not yet been dissolved),
5) certificate of divorce (if the marriage has already been dissolved) (about divorce with children read more),
6) certificate from the place of residence of the defendant,
7) information about the lack of income or low income of the mother of the child (certificate from the place of work about being on maternity leave, a certificate from social security about the amount of benefits, etc.).
All these documents, as well as their copies, are provided to the notary (when there is a voluntary agreement of the spouses), the justice of the peace in order to obtain a court order, or are attached to the statement of claim for the recovery of alimony.
Collection procedure
If an agreement on the payment of alimony is concluded between the parents, and it is certified by a notary, then you can immediately contact the bailiff service with it. This agreement is already binding, and it will be possible to collect alimony on it. If the agreement has not been notarized, it will be necessary to additionally contact a notary to comply with the entire procedure.
If the plaintiff knows for sure where the defendant lives and works, he will be able to apply to the Magistrate's Court and write an application for a court order for alimony. After considering this application, the justice of the peace will issue this order, which will determine the amount of alimony in accordance with family law. With this court order, it will already be possible to come to the bailiff service, which will deal with the recovery of alimony from the debtor.
Also, only by filing a statement of claim with the court will it be possible to resolve the issue of assigning alimony in a fixed amount of money. And both for the child and for his mother. But in the second case, the judge will additionally need to submit papers confirming the costs of maintaining a child up to three years old and his mother and prove the need to assign a specific amount of alimony.
After considering the statement of claim, the judge decides on the issuance of a writ of execution. Already on the basis of it, bailiffs will be able to start work on collecting Money from alimony payer.
Alimony for mother is not allowed
There are several cases where a spouse who does not want to pay child support to the mother of their child can avoid this obligation:
- the marriage lasted short time(less than a year, etc.),
- misbehavior of the spouse in marriage, which was the reason for the divorce (treason, drunkenness, etc.),
- the spouse became disabled through her own fault (when committing a crime, when getting injured while drunk, etc.),
- it will be proved that the spouse hides the real size of her income in order to receive alimony.
Cancellation of alimony for the maintenance of a spouse (former spouse) can be achieved at any time, proving that her financial situation has changed and improved compared to the income of the payer. There are also some situations where you can reduce the amount of alimony - about this.
If you still have questions about how child support is paid for the maintenance of a spouse up to 3 years old, then ask them in the comments
Now, the amount of alimony for three or more children according to Art. 81 of the Family Code (SC) of the Russian Federation is 50 percent of official earnings. For comparison: - 33%, and - 25 percent. It does not matter if the children were born from one marriage or from different ones.
If a parent who pays 25 percent of his earnings for a child from his first marriage enters into new marriage and he has two other children, the second spouse is also entitled to apply for the recovery of alimony from him. In this case, the payer can file a lawsuit against the first spouse to reduce the amount of alimony for their common child. As a result, he will pay for each child approximately 16.6 percent of his income. Thus, the proportion of children from the first marriage will decrease from 25 percent to 16.6.
If the parent does not have a formal job, his income is irregular, paid in foreign currency or in in kind, alimony can be assigned not as a percentage of profit, but in, which is equal to a certain number of sizes living wage(PM) in the region where the child lives (if the PM is not established in the region, then the all-Russian PM).
In doing so, the court will take into account the state of health, material and Family status parties, the usual standard of living of the child, as well as information contained in the documents confirming the defendant's income. The amount of alimony in a fixed amount of money is subject to indexation when the size of the PM changes.
In addition, if the defendant has both permanent and additional source income, the court may appoint a content in a mixed form, that is, a percentage of regular earnings and a certain amount of the amount of PM from additional profit.
On what types of income can alimony be collected?
Funds for the maintenance of children are collected from:
- Salary or profit from entrepreneurial activity;
- Bonuses, additional payments, fees;
- Pensions, scholarships, allowances;
- Profits received from securities or from the lease of property;
- Income of persons serving sentences in penal colonies or sentenced to corrective labor, as well as those who are in psychiatric or drug treatment clinics.
Maintenance deductions are not made from compensation (for example, medical nutrition), maternity capital, social benefits for burial, maternity and pregnancy allowances, funds paid to persons caring for minor children or children with disabilities, as well as from pensions for the loss of a breadwinner.
How to collect child support for three children?
The law allows parents voluntarily enter into an agreement, which determines the amount and procedure for the maintenance provided to their minor children. The agreement must specify the amount of the payment, the currency in which it is paid, and how the funds will be allocated - monthly, lump sum or otherwise. When determining the amount of alimony, one should take into account the presence or absence of children from other mothers (fathers) in the payer. However, in any case, the agreed amount should not be less than that which the court would have appointed. The agreement must be signed by the parties and certified by a notary.
If the parties have not reached an agreement on this issue, then the person concerned has the right to file an application for the recovery of alimony to the judicial district of the justice of the peace both at the place of his residence and at the place of residence of the defendant. In this case, the plaintiff is not required to pay the state duty.
The statement states:
- Name of the court site;
- Information about the claimant and the defendant;
- Requirements, their justification;
- Documents confirming the legitimacy of the claims.
As well as a list of attached documents. In addition, it is necessary to indicate whether the respondent has maintenance obligations to children from other marriages.
If the defendant recognizes the validity of the plaintiff's claims and there is no petition to assign alimony in a fixed amount of money, involve third parties in the case, establish or challenge paternity (maternity) or collect additional expenses, then it is drawn up.
Not later than 5 days from the date of filing the application, the judge single-handedly issues an order and sends it to the defendant. If within 10 days after receiving the document he does not provide objections, then the order comes into force and goes to the bailiff for execution.
If objections are presented, then the judge cancels the order and the case is considered in action order with the summons of the parties and the conduct of the proceedings. The claim must be considered within 1 month after its receipt at the site.
Grounds for termination of maintenance obligations
A parent stops paying child support if:
- He or the children receiving support have died;
- Children have reached the age of majority or have received full legal capacity before the age of 18 and are financially self-supporting;
- Children were adopted (adopted).
If two out of three children reach the age of 18, die or are adopted (adopted), then the amount of alimony received by the third child must be increased from 16.6 percent to 25. In most cases this situation provided for in the writ of execution. For example, it may state that alimony for a particular child is collected at a rate of 16.6 percent until other children reach the age of 18, after that - at a rate of 25 percent. If the writ of execution does not contain this information, then when two children reach the age of 18, the interested person must file a petition with the court to increase the amount of payments for a minor child.
IN modern world Not many spouses decide to have three children. To educate, provide materially and give a decent education is not for everyone.
And when parents divorce and the children live only with their mother or father, the material costs of three children can be simply unbearable.
Therefore, it is quite natural that one party has the right to file a claim for the recovery of alimony from the other.
But there are many nuances in the question of how child support is assigned for 3 children in 2019, their size, how many percent of the salary they will be. It is very difficult for people who have never encountered such problems to solve these issues on their own.
In most cases, the father who left the family will be obliged to provide financial assistance to three children. To do this, a significant part of the funds will be withheld from his salary. But the situations are varied, not always the children who claim alimony live in the same family.
In order to determine what percentage of the salary is alimony for three children, which will have to be paid to one of the parents, it is enough to contact Family Code RF, Article 81 regulates this question So:
- If the parents did not sign an agreement on the payment of alimony, then the court is obliged to recover half of the parent's income. That is how much it is supposed to support three or more children.
- The value of this part can be significantly increased or decreased. To do this, you should apply to the judicial authorities with a statement of claim, in which you indicate any special material or family nuances parties, or other circumstances that may affect the situation. For example, the illness of one of the children, the difficult financial situation of the mother.
It often happens that parents who undertake to pay alimony for their children are unemployed. At the same time, the mother may decide not to file a claim, thinking that she will not achieve financial assistance anyway.
But the legislation of the Russian Federation very strictly establishes from what income alimony is withheld:
Alimony payments in 2019 are subject to calculation and collection in accordance with the previously established procedure, which provides for the Family Code.
The changes relate to the minimum percentage of alimony and the age of the recipient.
There are different opinions about the need to make the lowest fixed amount of payments per child or several children. It must exist regardless of the payer's wages.
The minimum percentage for three children is half of the income of the parent from whom alimony was collected.
Which maximum percentage child support can be withheld from the salary, the court decides at its discretion, taking into account the legitimate interests of the minor.
But there must be good reasons to increase it. This takes into account the following factors:
- the position of the payer in the social sphere;
- his financial condition;
- amounts of income documented;
- state of physical and mental health;
- determining the amount of payments.
A draft law is being considered, which involves increasing the minimum amount of maintenance for children up to 15,000 rubles.
The minimum amount is subject to indexation. It will be charged regardless of the financial situation of the parents.
If parents do not have funds, this does not relieve them of the obligation to financially provide for their children. Alimony from a non-working father can be assigned in fixed size and as a part of the average wage.
The amount of child support is based on the average wage in the Russian Federation. According to official data from Rosstat, it is 32,000 rubles. But this figure does not correspond to the income of the majority of the population.
Therefore, the payer will be interested in providing the bailiff with the real state of his income.
If a parent is in arrears in paying alimony and does not report to the bailiffs on their income, then the debt can be calculated without taking into account the real income of the parent.
The minimum amount of maintenance payments in 2019 from a non-working father is calculated according to the subsistence minimum or the average salary in the region. The parties have the right to determine the amount of payments by agreement.
Thus, under the new alimony law in 2019, the minimum amount of payments is periodically confirmed at the regional and state levels. At the federal level, for minors it is 9434 rubles.
There are situations when a husband leaves his wife, has no official income, but works illegally and hides his income.
In this case, the spouse can stand in the employment service and receive unemployment benefits.
Alimony from such income will be miserable, they will not be enough to provide for the child in modern conditions. But the state protects such families.
If the parent's income does not allow the children to compensate for a normal maintenance and a decent existence, then the side with which the children live has the right to file a lawsuit with the court to change the alimony from interest to a fixed amount.
When calculating the amount of alimony, the court is obliged to do everything possible in accordance with the law in order to preserve as much as possible habitual image children's lives, as well as focus on the subsistence level.
Each region has its own value, which changes every quarter. According to the law, it is forbidden to establish a fixed amount of alimony, as well as any pensions and benefits, below the subsistence level for a minor child.
Situations in the personal life of people are different.
People marry, divorce and create new family. This may not happen just once.
Therefore, the question arises of how alimony is distributed for three children from different marriages.
Children should receive alimony, regardless of which marriage they were born in. The easiest way is to calculate how much child support is due for three children if they are born from one parent. The defendant must pay 50% to one family.
It is much more difficult to calculate if the children are born in different families. If, after the first divorce, alimony was paid to this child, then their amount was 25% of the parent's salary. But after a divorce in another family where two babies were born, each will receive only 16.5%.
The well-being of the child from the first marriage will deteriorate significantly. The amount of payments will be reduced by half and it is impossible to protect his rights under such circumstances.
The amount of alimony will increase from 16.5% to 25% if only one of the children remains entitled to them. In a situation where children are born from different marriages and live in different families, alimony is calculated separately for each.
If the spouses enter into an agreement on alimony for three children, then the amount specified in the agreement must not be less than 50% of the total income of the defendant. It is prohibited to reduce it. The amount of payments can be specified both as a percentage and as a fixed amount of cash payments.
Alimony is accrued every month, but can be paid every three months, every six months or a year, depending on what is indicated in the agreement. But at the same time, the rights of any party should not be violated.
When considering the issue of alimony in court, the decision is made in accordance with the law Russian Federation. Exception in Rendering Retreat judgment are:
- the defendant's poor health;
- worsening of his well-being.
Providing for three children at the same time in the modern world is quite difficult.
But despite this, it is impossible to get rid of such an obligation in a legal way. First of all, the state takes into account the interests of children.
Therefore, the same is required of parents. According to the law of the Russian Federation, a parent who left the family must pay at least 25% of income for each child. But child support for three children does not exceed 50% of earnings.
Therefore, the question of the amount of alimony for three children in different situations decided individually. Alimony payments can be assigned both in a fixed amount of money and as a percentage of the defendant's income.
Video: What is the amount of child support established by law?
It is the responsibility of every parent to support their child or children and provide them with a decent standard of living ( Art. 80 RF IC). This responsibility rests with both the father and the mother. If the parents do not live together, then the amount of alimony and the procedure for their payment is determined by the court.
Ways to pay child support
When a marriage is dissolved, the parents can agree among themselves on the amount of payment for the maintenance of children. In this case, it will be signed settlement agreement, in which a fixed amount of alimony will be determined. Recovery of alimony, if there is an agreement, can occur without the participation of the court.
Alimony for one child
According to Art. 81 RF IC, if there is one child in the family, then the deduction is made in the amount of 1/4 of parent's income.
Alimony in a fixed amount of money is also paid if the parent has a non-permanent income. This amount is determined based on the maximum possible income of the parent, which he can receive. (Art. 83 RF IC).
In other cases, alimony is paid as a percentage of salary. The amount of child support depends on the number of children you need to support.
Alimony for two children
If there are two children in a family, then in the amount 1/3 from the parent's income. And if there are two children, but they are from different marriages. How do you calculate child support then? Like for two children, but divided equally, or like for one, but in double size?
Of course, in this case, the amount of alimony is calculated as two children, only divided equally. So the parent has to pay 1/3 from all income as alimony, according to Art. 81 RF IC so he has two kids. 1/6 per child, and 1/6 for the second child (the children are equal).
But, more often it happens that the first child receives 1/4 from income, and the second 1/6 . In this case, equalization of shares should take place. A parent who has a duty to pay child support can apply to the court to change the amount of that support. This right is given to him. Art. 119 RF IC.
Calculation of alimony for three or more children
If the family has many children, and it has three or more children, then the amount of alimony is ½ of the parent's earnings. Similarly, alimony is calculated for three children from different marriages. They are entitled to equal shares.
Thus, each child will receive 1/6 share of the parent's income.
The income of the parent from whom the alimony is calculated and withheld is the income provided by the Government of the country. These types of income include:
- All bonuses and additional payments;
- Payments for sick leave and "vacation";
- Benefits of Citizen Participation in Governance various forms business ownership (LLC, IP, CJSC and others). These are dividends, share payments and more;
- Other amounts of money that are provided for by the List of types of wages with latest changes dated January 17, 2013.
The amount of the allowance is calculated from the income that remains after paying all taxes.
Until 2012, a parent must be paying child support until the children reach the age of majority. Now, if a child is studying at a university full-time, the parent is required to pay child support until the age of 23.
The maximum and minimum amount of alimony
You can change the amount of child support. The decision to change the amount of payments is made by the court. It is made based on the financial situation of the payer and life situations. Change can happen both positively and negatively.
But, if the change occurs in the direction of increasing the amount, then the limit is not set by law. The parent can take on all the costs of maintaining the child, pay for his education and rest, and participate in additional expenses. The payout limit is not limited.
Changing the amount of alimony in the direction of reduction, are going to limit. In 2013, there was no such regulation. However, in 2014, a draft law was submitted to the State Duma, which proposes to establish a minimum amount of alimony for one child. 15,000 rubles.
However, the payment for the maintenance of the child should not be less than the subsistence minimum, which is established by law in the region where the child lives.
The amount of alimony, which is paid in a fixed amount of money, must be indexed (Art. 117 RF IC). According to Art. 9 of the Law "On Enforcement Proceedings" №229-FZ dated 02.10.2007, such an obligation is assigned to the one to whom the executive document is sent:
- bailiff;
- Organization;
- Another face.
Alimony indexation
Indexation occurs according to the increase in the subsistence minimum in the subject of the federation where the child lives. For example, since 2013, the minimum wage has been indexed by 6.7%. Consequently, the amount of alimony should be increased by 6.7%.
If the parents have entered into a payment agreement, then it must also provide for indexation. For example, a parent undertakes to increase every year the amount for the maintenance of the child by the percentage of inflation. If this clause is not in the agreement, then indexing occurs in accordance with the above rules.
History from judicial practice
Komova R.D. applied to the court. with a claim for the recovery of alimony for the maintenance of a daughter born in 2009 from ex-husband and their debts. In 2012, the marriage between the plaintiff and ex-husband was annulled. Since then, the ex-husband of the financial support of Komova R.D. did not provide, did not pay alimony, which made the financial situation of the mother and child very difficult. The plaintiff kept the child alone, they have testimonies of witnesses.
Daughter visits kindergarten as well as an art school. The plaintiff presented receipts of payment for these institutions.
In the lawsuit, citizen Komova R.D. indicated that she was demanding alimony in the amount of 6,000 rubles a month from her ex-husband. The plaintiff was able to substantiate such an amount in court. In addition, she seeks the collection of debts in the amount of fees for the art school. Such an agreement was concluded between the former spouses orally, but in the presence of witnesses. Witnesses confirmed this. The amount owed is 33,000 rubles.
The court, having considered all the circumstances of the case, having studied the level of the defendant's income and the plaintiff's spending on the child, decided to satisfy the claim in full, and recover from the defendant the arrears in payments in full.