When spouses get divorced, the issue of financial support for the child is extremely acute and radical. How much will the father pay (most often, minor children remain with the mother) to support his child? Are child support payments charged with a "clean" or "dirty" salary? How long will payments be made? As you can see, there are many questions about accruing child support. Likewise, there are a large number of nuances: what if the father works informally? Or if he has other children from previous marriages? In this article we will try to find answers to all these questions.
Method of admission
Before you make out, child support is calculated with a "clean" or "dirty" salary, let's find out what opportunities a father has to help his children. All provisions regarding such payments are indicated in Article 104 of the Family Code of the Russian Federation.
First of all, this is a shared accrual, in accordance with which a certain percentage is calculated from the official salary of the father in the form of money to cover the needs of the child. Most often this type of accrual of child support is found.
The second method is a specific fixed amount that the father is obligated to transfer to the mother of his child one-time or monthly. This amount can be assigned by the court or it is spelled out in an agreement signed between former spouses and notarized.
But there is another possibility of paying alimony - mixed accrual, according to which financial assistance to a child is provided in other ways, not always expressed in monetary terms. Most often, this method is used when the father does not have a permanent job or his salary is insufficient to cover the basic expenses of the child.
Payout period
More often than not, the father begins to pay child support immediately after the divorce. In some cases, the first day of such payments is the date a woman appeals to the court to resolve disputed issues about child support.
When can a father stop paying a certain amount to support his child? As mentioned above, child support is a payment that provides material support to a minor child. That is, as soon as the son or daughter of the alimony is eighteen years old, he has the legal right to stop providing financial assistance to his child. It is noteworthy that if a minor child continues to study (at an institute, school or college), he still loses the right to official support from his father. In such cases, responsible parents continue to help their adult child, realizing that studying is also expensive. However, this does not always happen. Sometimes fathers, feeling that the law no longer owes anything to the child, stop providing him with material assistance.
However, there are some nuances here. For example, if a child’s son or daughter is disabled since childhood (no matter what disease), the father is obliged to help him for the duration of the period regulated by Russian law.
Types of Salaries
And now we turn directly to the question of how child support is calculated: from a "clean" or "dirty" salary? Before understanding this topic, let's find out what is meant by these concepts.
First of all, you should know that these terms are not official, but popular.A “dirty” wage is the amount a person receives per month without tax calculations. While the "net" salary is the money that the employee receives on hand. It is clear that “dirty” wages are more than “clean”. So what is the amount of child support calculated?
According to the laws of our country, there are a number of detailed instructions regarding how child support is paid. For example, the first paragraph of Article No. 99 of the Federal Law “On Enforcement Proceedings”, dated the second of October 2007, states that child support is calculated from the amount remaining after tax withholding. In other words, with a "clean" salary.
How to determine how much to pay
So, we figured out, child support is calculated from a "clean" or "dirty" salary. Now let's talk about the most interesting - the possible amount of necessary payments.
According to Article 81 of the Family Code of our country, a fixed percentage coefficient is established that regulates the amount of payments. What is the percentage of alimony wages for 1 child? Most often, this is no more than 25 percent of the official amount earned.
But what is the percentage of alimony wages for two children? The necessary amount is one third of the salary, or 33 percent.
If there are three or more children, then the father must pay at least half of his salary, but no more than seventy percent.
Below will be a sample calculation of alimony.
So, if a month a father received eighty thousand rubles in his hands, then the amount calculated from this salary for the maintenance of one child will be no more than twenty thousand rubles, for two children - a little more than 26.5 thousand rubles, for three or more - no less than forty thousand.
If the alimony has minor children from different marriages, then the indicated amounts are evenly distributed between them according to a court decision.
It is worth saying that the above amounts cannot be final, as a woman in court can increase the share of payments for a child. In some cases, a man may sue to reduce child support, which will be approved during the meeting.
So, we examined the amount of alimony from the salary. Now let's find out what else can be included in the share of payments that ensure the full content of a minor child?
What incomes are considered
First of all, it is clear that the salary is taken into account (if the alimony worker works at an official enterprise). This also includes various bonuses and incentives issued at work and displayed in the accounting statements (overtime, salary supplements, incentives and vacation pay).
Why else can child support be calculated? A scholarship, a pension, unemployment benefits or disability benefits are all incomes that are subject to mandatory recovery. This also includes royalties, income from the sale of real estate and so on.
However, there are those from which it is impossible to charge child support.
Which incomes are not taken into account
These include:
- Retirement benefits.
- Compensation for harm or compensation for injury resulting from the performance of official duties.
- Other compensation amounts (due to technological disasters, caring for a disabled family member, etc.).
- Travel income or related depreciation.
- Humanitarian aid.
How can I pay child support?
Methods of transferring cash support per child
In practice, the most common methods of alimony payments are:
- From the place of work. This option is considered the most popular, so we will discuss it in more detail below.
- By mail. To do this, it is necessary to indicate the surname, name and patronymic of not only the recipient, but also the payer. It is also necessary to indicate the date of payment, the specific amount and the exact period of time for which it is paid, and the address of the recipient in the postal order.It is advisable to keep all the papers related to this transfer, up to the age of majority of the child, so that the unscrupulous recipient does not sue the alimony, supposedly he does not participate in the maintenance of his own child.
- From hand to hand. It is good when spouses can calmly communicate with each other after a divorce, jointly discussing the issues of raising a child and his maintenance. However, it is important to be extremely careful. When submitting alimony in person, it is important to always take a receipt on the receipt of the required amount as alimony payments. The document should indicate specific data (who, from whom, for what and how much received), as well as the exact date of transfer of money.
From work
What is the procedure for accruing alimony from the accounting department of the company where the divorced parent can work? First of all, such a person must be referred to the financial department at the place of work an official document, according to which a certain amount of money from his salary will be transferred to the spouse's bank or personal account. Such a document may be a court order, writ of execution or a notarial agreement of both spouses).
In accordance with it, the chief accountant of the enterprise independently calculates the amount (if it is not fixed) and transfers it to another cash account. In the process of transferring alimony through the accounting department of a company, a special alimony payment order is filled out, which indicates not only the beneficiary's bank details, but also the amount of the transfer, for which period it is paid (in the format: month and year), alimony’s personal data. The document number according to which such manipulations are carried out is also indicated.
However, this is not all the information needed to transfer funds. Be sure to indicate the "dirty" salary of the alimony, the number of days worked, the amount of tax (which usually does not exceed thirteen percent), the individual taxpayer number and the amount of arrears in payments, if any. This we have figured out how to reflect child support in accounting.
It is also worth mentioning here that payments for the maintenance of a child must be transferred within three days after receiving a salary. Otherwise, the recipient may demand a forfeit, which will be fraught with numerous problems not only for the alimony payer, but also for his employer. Therefore, when making a bank transfer, it is very important to note that the payment is a priority. This will help financial institution employees transfer the amount as soon as possible.
It is also worth knowing that alimony through bookkeeping can be carried out without the knowledge of the employee if documents on the need to make payments were delivered to the place of work (alimony payment order).
In which cases the court decides
There are situations when spouses cannot agree on the amount of funds transferred, or when the alimony payer hides his official salary, or works informally or irregularly. In this case, the case is referred to court.
The judge, given the financial condition of both spouses, in order to create favorable conditions for the maintenance of a minor child, has the right to make such decisions:
- If the payer does not work, he must pay a fixed amount per month for the maintenance of his child, calculated in accordance with the minimum cost of living in this region.
- If the alimony has irregular income or it is not possible to determine his arrears in payments, then the amount of payments can be equal to the average salary of the region where the person concerned lives.
- If the payer receives his salary in non-ruble currency and has additional sources of income, the judge determines the specific amount of alimony paid monthly or, very rarely, one-time.
Necessary penalties
Sometimes, in the event of a delay in maintenance payments, the recipient may ask for a penalty. To calculate it, you need to multiply the required amount of alimony by 0.5 and the number of days of debt. The alimony will be required to pay the amount received together with legal costs. However, the court may commute or reverse the verdict if it is proved that the delay in payment occurred due to a severe illness of the payer, difficult family circumstances or bankruptcy of the company where the alimony worked.
Other punishments for defaulters
If the alimony evades payments, this may threaten him with the following sanctions by the state:
- The ban on traveling abroad.
- Restriction on the use of a driver’s license.
- Deprivation of parental rights (based on court hearing).
A few words in conclusion
As you can see, the issue of paying alimony is still acute and painful for many divorced couples. The fact that spouses cannot agree and come to a common denominator should in no case be reflected in the welfare of their children. Therefore, the state has established such a concept as alimony, which can be awarded at the hearing. Their amount may be increased or reduced according to objective reasons considered during the meeting.
The state indicates a specific percentage of alimony and official payer salary. Such measures are regulated in order to protect a minor child and improve its material content.
Spouses who are divorced have the right, by mutual agreement, to change the amount of alimony due by concluding an agreement and notarizing it.