Tip 1: How the child support is calculated
Tip 1: How the child support is calculated
Perhaps, no one, having decided to create a family,thinks about what risks await them in the event of a divorce. This is especially true for couples with children. One way or another, but the question of their content rises sooner or later.
Not only money
Alimony by law can be exacted as inmonetary form, and in the form of the provision of any property. There are two ways to collect alimony in cash: in a hard cash amount or in a fixed percentage of the parent's earnings. It is interesting that Russian legislation allows you to regulate the percentage of alimony and set its size in court. This does not mean that the court must determine the amount of maintenance payments. If the parties can agree on their own, then there is no need to go to court. However, it should be borne in mind that the amount of payments should not be lower than that which the child can expect in the event of the parent's appeal to the court. According to the law, parents are required to pay a quarter of their earnings with one child. In favor of two children, the parent must provide at least a third of his earnings, three or more - 50%.In difficult situations
A situation may arise wherethe parent-alimony will not be able to pay the required amount, for example, in connection with the loss of work. In this case, the amount of alimony payments is established, based on the minimum wage, in 2014 this is 5554 rubles. If the parties independently agree on the amount of monthly payments to the child, it is necessary to take into account the percentage of indexation, based on the calculation of the increase in the subsistence minimum. As a rule, alimony amounts increase in proportion to the size of the increase in the subsistence minimum. There are circumstances in which you have to review the amount of maintenance payments. For example, a good reason for this would be the birth of another child in the new family of the alimony paying parent. It is interesting that alimony is not collected from all types of income. The amounts paid as a result of the injuries suffered at work, injuries received, from survivor's pensions, humanitarian aid are not recoverable. The rest of the income of an individual is subject to alimony deductions. If a parent who is obliged to pay alimony has an unstable income, then in the maintenance agreement it is possible to register the amounts and periodicity of payments. In addition, in favor of alimony may be recovered real estate rights. Most often this applies to non-payers who have a big debt.Tip 2: How to calculate the amount of child support for two children
The amount of alimony for two children is generally one third of the parents' income. In this case, the specified share can be changed by a court or an agreement between the parents.
Family legislation for parentsthe obligation to keep underage children is fixed. One form of this content is alimony, which is calculated and paid for the separation of one or both parents with children. The main factor determining the amount of alimony is the number of underage children that parents are required to maintain. In this case, the specific amount or share of the parental income, which must be transferred to the maintenance, can be determined by law, court or agreement between the parents. As a general rule, alimony for two children is one third of the total income of parents, but this rule does not always apply.
How to determine the amount of alimony by agreement between parents?
Parents can enter into a special agreement,which will distribute responsibilities for the maintenance of underage children. Usually such an agreement is concluded when one of the parents leaves the family, and the second brings up the common children. The agreement can provide for the amount of alimony, the frequency of their payment, methods of payment, and the amount may differ from the share established by the family law. Sometimes parents fix a solid amount, which is not tied to the permanent earnings or other income of the payer of alimony. If alimony is paid for several years, then the specified amount can be indexed. In case of violation or non-fulfillment of such agreement, the interested parent, another representative of the interests of children, can apply to the judicial authorities.When is the amount of alimony set by the court?
Often parents who do not live together withtheir underage children, evade the fulfillment of the obligation to maintain them, therefore, alimony is established by the courts. The court was given the right to change the amount of alimony determined by family legislation for the maintenance of two children, and it is allowed to increase or decrease it. In addition, a judge can establish maintenance payments in a fixed amount, if the payer of alimony does not have a permanent income, receives income in foreign currency or receives irregular payments from certain activities. The main task of the competent authorities in this case is to ensure the former level of material well-being for children, to protect their interests.Tip 3: What amount of child support is required for a non-working
The amount of alimony for non-working citizens is usuallyis calculated on the basis of the average wage in the territory of the Russian Federation. In some cases, taking into account specific circumstances, the court determines the amount of payments for keeping children in a different size.
One of the forms of fulfilling the duties of parents forthe maintenance of their children is the payment of alimony. Non-working citizens often believe that such a duty does not apply to them, since they do not have a permanent official income. But the family law determines that in the absence of permanent sources of income or with irregular receipt of funds, the court has the right to establish maintenance in a firm monetary amount, and not as a percentage of official earnings. The specific amount of alimony depends on the financial situation of the child, other circumstances of the case, but the lack of income is not the basis for exemption from the performance of parental responsibilities.
What determines the amount of alimony for the unemployed?
When determining the amount of alimony forunemployed citizen, courts often come from the average wage in the territory of the Russian Federation. This position is consistent with the provisions of the Family Code of the Russian Federation, which specifies precisely this statistical value for the calculation of alimony in the absence of a permanent income. So, if the unemployed pays child support for one child, he may be assigned a quarter of the average salary in the country. At the same time, the average earnings are taken from the annual Rosstat reports. So, at the end of 2013 the average salary was 39,380 rubles. If there is one child, the unemployed parent will pay a quarter of this amount, with two children - a third. The level of the average salary in a particular region for determining the amount of alimony does not matter, although in most of the RF subjects this value is lower than the national average.Alternative options for determining the amount of alimony for the unemployed
The law allows the court to determine independentlyway of calculating alimony in the absence of permanent earnings from their payer. So, in some cases the parent does not receive a salary, but has another periodic income (for example, he receives a rent or interest on a deposit in a bank). If such incomes are confirmed, the court can use the combined method of calculating alimony, setting their size in the form of a certain percentage of the periodic cash receipts with the addition of a fixed amount of funds. That is why it is often more profitable for the payer of alimony to show a certain amount of official wages, confirming it documentarily than waiting for the appointment of monthly payments for a non-working citizen.Tip 4: What is the minimum amount of child support for two children
Every parent must be responsiblein front of their children, including in the material plan. It does not matter whether the parents live together or separately, and whether their relationship was registered or not.
Instructions
1
Material support of children before theiris called alimony. They are paid by one or both spouses in case of separate living with them, or under certain conditions. Even being in an official marriage, you can file for alimony for your children. This is done either in the event that the spouse / ha does not provide financial assistance at all, or to reduce the total amount of payments to all children if the spouse has other children from previous marriages.
2
The amount of alimony can be calculated by differentways. If both parents came to a joint agreement on the amount of payments, then it is possible to dispense with the courts, having notarized it, and in some cases (with confidence to each other) simply by negotiating the terms verbally. If a compromise is not found, or there is an evasion of alimony at all, then the issue is resolved through the court by providing a corresponding claim.
3
If the defendant has an official income, thenthe amount of alimony is calculated on the basis of this. For two children it will be 33% of the salary. It often happens that the "white" salary can be very different from the real one in the smaller direction, in this case it is hardly possible to prove anything. But the employer has no right to pay less than the minimum wage. In 2014, it is 5554 rubles, i.е. for two children the minimum payments will be about 1800 rubles.
4
If the defendant does not work anywhere or hasnon-permanent income, then a fixed amount is assigned as alimony. The court determines it based on several factors: the average data on the costs of the child in this region, the material situation of the defendant and the plaintiff, etc. At the same time, they try to take into account the interests of all parties and not worsen the quality of life of children. At the moment there is no law, in which the minimum and maximum alimony are registered, all this is quite individual. But in any case, for two children less than a third of the minimum wage can not be assigned to you.
5
If the defendant works on several jobs, the amount of alimony can be calculated on the basis of his total income.
6
If there is an evasion of alimony duringsome time, you can collect all the debt through the court. In this case, there are already penalties. If the defendant does not have money, the unit of account may be his property. Non-payment for half a year without good reason is one of the reasons for the deprivation of parental rights.
