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Payment of maintenance for the maintenance of minorschildren is the responsibility of parents who do not live with them together: this requirement is established by Article 80 of the Family Code of the Russian Federation, registered in the code of laws of our country under the number 223-FZ of December 29, 2005. However, this normative legal act gives parents a fairly large degree of freedom in determining their size.

Determining the amount of alimony

One way to determine the valuemonthly cash payments for the maintenance of the child is the conclusion of an agreement on this matter between the parents. Thus, they jointly and voluntarily set the amount of the amount that a parent who does not live with children will pay to the parent living with them to ensure their needs. It is important to remember that such an agreement is subject to mandatory notarial certification. In addition, when agreement on the amount of alimony is reached, it is worth taking into account the provisions of paragraph 2 of Article 103 of the Family Code of the Russian Federation, which states that the amount of payments under the agreement can not be lower than the amount of alimony that a child could receive if it was determined in judicial procedure. Accordingly, the judicial procedure for determining the amount of alimony is the second main method used in our country to establish their size. In this case, the court is usually guided by the provisions of paragraph 1 of Article 81 of the Family Code of the Russian Federation, which establishes the amount of alimony in the form of a share of the income of a parent who has a duty to pay them. So, in case of demanding alimony for one child, 1/4 of the monthly income is directed for these purposes, 1/3 of the income for the two children, and 1/2 of the income for three children.

Ratio of subsistence and alimony

Despite the lack of such informationdirectly in the specified sections of the Family Code of the Russian Federation, devoted to the calculation of the amount of payments, this normative legal act contains a requirement to fix the amount of alimony to the amount of the subsistence minimum. Such requirements are contained in article 117 on indexation of alimony. Thus, paragraph 2 of this article establishes that if the payment is determined by a court decision, the court must fix them in the amount of a multiple of the whole value or the proportion of the subsistence minimum. For example, the amount of alimony in a hard cash amount can be set at a rate of 1.5 subsistence minimums for each child. Such a requirement is fixed in the law in order to fulfill the conditions of clause 1 of Article 117 of the Family Code. The fact is that alimony obligations are subject to annual indexation in accordance with the change in the amount of the subsistence minimum.