Maintenance of minor children is the responsibility of both parents or other legal representatives. But life is unpredictable. Sometimes parents get divorced. In Russia, this phenomenon is quite common. It makes you think about how to support children in the future. And sometimes it happens that even with an official marriage, the parent refuses to provide for a minor child. In such circumstances, it is also necessary to solve maintenance issues. To do this peacefully is not always possible. In addition, parents have different questions on this topic. For example, how much is the maximum amount of child support? How can they be assigned or resized? How much will you have to pay in one case or another?
Definition
To begin with, we’ll figure out what this is all about. What is child support?
This term characterizes stable payments that should be spent on the maintenance of a needy disabled family member. In our case, to provide for the child.
Article 81 of the RF IC indicates that monthly support is collected from parents of minors. As a rule, we are talking about only one legal representative. More precisely, about the parent with whom the children do not live. Most often it is the father of the child.
Assignment Methods
The maximum amount of child support in Russia is difficult to name. It is not regulated by law. The exact amount of payments per child depends on many factors. About them a little later.
First you need to understand how child support can be assigned. Today in Russia they can be paid:
- by oral agreement between the parents of the child;
- by an alimony agreement executed by a notary public;
- by court decision.
In practice, most often there is the last scenario. Parents of the child in court decide issues related to the payment of alimony. What is necessary to remember about this process?
Payout amount
As already mentioned, the maximum amount of alimony in Russia has not been established. But the legislation of the country provides for some minimum payments allocated for the maintenance of minor children.
So, today a parent must pay at least:
- 25% of your income with 1 child;
- 33% - for 2 minors;
- 50% - in the presence of 3 or more children.
Thus, the amount of alimony for 2 children will be about a third of the payer's earnings. Not for every child, but in total. In fact, in this case, each minor will receive 16.5% of the parent's income for his maintenance.
Alimony can be requested in hard cash. In this case, the court will take into account the cost of living of the region and all the calculations made by the plaintiff.
Payout Change
According to Art. 119 of the IC of the Russian Federation, citizens can reduce or increase the amount of child support in certain life circumstances. Parents are required to support their minor children. But life factors, too, have not been canceled. They must be considered by the court when deciding to amend the amount of maintenance obligations.
Art.119 of the IC of the Russian Federation indicates that the payer of alimony may file a claim for the recalculation of payments in case of a change in his financial or marital status. This factor sometimes helps not only to reduce the amount of finance allocated to the child, but also to completely cancel them.
Cancel
In some families, legally competent persons apply for child support. Current legislation provides for the denial of this operation. The court may cancel or refuse alimony to a legally capable person who:
- committed a crime against a potential payer of alimony;
- behaving inappropriately.
For example, a wife demands alimony from her husband, but at the same time, she cheats on her husband. In this case, the court may refuse to finance the woman.
Factors for Changing Payouts
The maximum amount of alimony in the Russian Federation is not provided. Citizens usually ask for minimum payouts. About how much you have to pay in a particular case, we already know.
What determines the size of child support? Most often, the following indicators are taken into account:
- the number of minor children among the parties;
- financial position of the plaintiff and defendant;
- marital status of mom and dad child;
- change in marital status;
- the number of dependents held by the defendant;
- the health of the potential payer (it is almost impossible to collect alimony from a disabled person);
- all sources of income of the parties;
- expenses for the child and their validity.
That is why it is difficult to answer how many alimony for 3 children will have to be allocated monthly. But payments can not be less than 50% of the alimony’s earnings. You do not need to forget about the minimums established by law!
Where are cases
Where do I go with a claim for child support? And about their cancellation, increase or decrease?
Today, child support disputes are resolved mainly in magistrates' courts. You can appeal to the district judicial authority, but only if, together with the appointment of alimony, you need to make a division of property. The cost of ownership should exceed 50 thousand rubles.
Documents for the claim
The maximum amount of collecting child support from wages has not yet been established. But citizens know exactly how much they will have to pay a minimum. True, as a percentage of your income.
To adjust child support, their appointment or cancellation will need to bring to court:
- lawsuit with a description of the situation, calculations and justification of the appeal;
- applicant's passport;
- birth certificates of all minor children;
- certificates on the health of minors, the defendant and the plaintiff;
- certificates of divorce and marriage (if any);
- statements of income of the parties;
- checks and receipts indicating expenses for children.
This is usually enough. The parties should also bring along papers indicating kinship with children (if paternity is not established). Otherwise, it will not work to claim child support.
Until what time to pay
How much is the maximum child support amount? There is no definite answer to this question. But it is clear to what point a citizen is obliged to transfer money for the maintenance of his minor children.
Maintenance obligations are terminated:
- with the emancipation of the child;
- if the children have reached the age of majority;
- at death of the alimony payer;
- after the death of the recipient of funds;
- with the deprivation of parental rights.
As a rule, most often child support ceases to be paid upon the onset of the child's legal capacity. This is the most common scenario.
Surprise legislation
The amount of alimony for 2 children and not only is not clearly regulated anywhere. In the Russian Federation, you can focus only on percentages in relation to the income of the alimony payer. And nothing more.
Often, the parent with whom the child lives faces injustice. The fact is that alimony is assigned to minors.This is possible if the payer has no income or when he receives a salary close to the cost of living. Some claim that court support is granted about 1,500 rubles a month. It is very small, but receiving no longer comes out.
Even if the payer of alimony allocates 1,500 rubles per month for the maintenance of a minor, but this amount is assigned in court, the law considers that the parent has fulfilled his duty to support the child. In the future, this gives the right to receive alimony from adult and able-bodied children.
Summary
From now on, it is clear what features in the payment of child support are provided by the Family Code. The size of these payments is not particularly regulated, as much depends on the circumstances.
The maximum amount of alimony is not provided for in Russian law. Payments for children depend on the specific situation. The court will make an appropriate decision after studying numerous life factors.
Do not hope that child support will be large. Modern child support workers are doing everything to reduce the size of funds allocated for the maintenance of children. Nobody can take away such a right from them.