The issue related to child support is particularly relevant at present. Now situations are common when a family breaks up and one of the parents does not want to participate in the life of the child and tries to minimize the amount of payments. It is logical that the second parent, who remained with his child, seeks to receive the money that can provide the child with a decent life. How to solve this problem? What is the minimum amount of child support?
Reasons for receiving payments
Under current law, both spouses must be involved in raising a child. Children have needs, both physical and moral-intellectual, and to whom, if not parents, they must be met. In the case of separation, it is much more difficult to do this to those who stayed with the child. Costs increase at times, and therefore the second parent is obliged to provide financial assistance.
This fact must be recorded, and therefore it is necessary to sign an agreement on the payment of alimony. In some cases, this action occurs by order of the court. It is important to remember that those who lived in a civil marriage not officially registered can also count on child support. For this to be possible, the father must indicate the details on the birth certificate.
Child support payments may be made on a voluntary basis. The main thing to remember is that funds should be deducted from all sources of income: unemployment benefits, vacation pay, etc.
Minimum child support amount
Specific figures are determined when assessing the needs of the maintenance and development of the child. The legislation of the Russian Federation stipulates a provision according to which parents are obliged to provide their child with comfortable living conditions. In the process, the child must develop his physical, mental and creative abilities.
Usually in a family there are two parents, equally obligated. The minimum amount of alimony is determined on the basis of this principle. In this case, they turn to regulatory legal acts. Here we are talking about a living wage. This indicator has its value in different regions of the country.
The minimum amount of child support may be equal to this data. Since the value of this indicator changes every quarter, the size of payments is also converted accordingly.
Legislative innovation
At the moment, there are specific amounts of payments that one of the parents must make in case of separation. According to the Family Code of the Russian Federation, the minimum amount of alimony per child is about 1,500 rubles. Accordingly, if the family has two or three children, the amount of payments increases. Thus, for three people the minimum amount of payment of alimony will be 3,000 rubles.
This is the theoretical part, but in practice, maintenance obligations are fulfilled in the form of not such payments. Typically, the amount of payment is calculated by calculating the percentage of the source of income of the parent. The smallest payment is considered if the person has an income not exceeding the minimum wage indicator (minimum wage).
According to the law, the employer cannot pay wages that will be lower than this indicator. Accordingly, the amount of alimony will be calculated as a percentage of this value. If the person applying for payments cannot be able to provide evidence of third-party sources of income from the second parent, then the payment will be 1,500 rubles.
Child Support Size
What is the minimum amount of child support for a child? Before answering this question, it is necessary to understand the types of payments. There are only two of them: a share of the parent's income or a fixed value. In both cases, it may turn out that the amount for maintenance does not correspond to real needs.
The law governs the percentage of payments as follows:
- one child - a fourth of the income;
- two children - a third of all sources of profit;
- three or more children - half of the income.
A common situation is when a person obliged to pay child support hides his real earnings. In this case, a quarter of the income seems like a ridiculous amount and will not meet the needs of the child.
The second type of payment is a fixed value. It is established on the basis of the cost of living or minimum wage. The judge has the right to appoint a mandatory monthly payment in the amount of two minimum wages.
How to increase the amount of alimony?
This issue is tormented by more than one generation of single women, because in most cases there is not enough money even for a fortnight. Confirmation of the income of a deceased parent is a rather complicated and practically impossible task. Therefore, the main advice in this case is to identify the costs of maintaining a child.
To do this, you need to collect all kinds of food receipts within one month. If the child is still small, it will be easy to identify the costs of it. That is, the check will indicate the purchase of infant formulas and other products for babies. In the case of raising a teenager, the amount will be divided into all family members in order to identify the amount of money that was spent exclusively on the child.
Checks for the purchase of clothing, expenses for the payment of utilities, kindergarten, and school services are also included in the total bill. Based on all these documents, you can identify the average amount of costs. With this result, it is recommended to go to court to increase the amount of payments.
Prospects for increasing child support
The minimum amount of child support is one of the most important topics of discussion. The number of bills involving increased pay increases. At the moment, one of them is being considered, according to which the minimum amount of alimony will be 15,000 rubles.
However, in reality this is quite difficult to implement. After all, equating all people to one amount means that the real earnings of a particular person are not taken into account. This is at least wrong. Some will be able to make such payments, while others will not. As a result, those who are unable to pay such amounts will completely stop doing this.
Why set a minimum payout threshold?
The minimum amount of alimony allows you to determine the specific amount of money that will help the child satisfy his needs. Children should have a decent standard of living, and regular payments help to achieve this.
In fact, the existing provisions in the legislation governing the minimum amount of alimony do not allow the child to fully exist. The amounts are very small, and most often this money is not enough even for food, not to mention clothing and entertainment. The problem of the provision of children lies entirely on the shoulders of the parents. Those who pay child support must have a sense of responsibility in order to organize a decent life for their children.
What is the minimum amount of child support? Most often it depends on the existing indicators of the living wage and the level of the minimum wage. Data on this is different in each region.
How much should a non-working person pay?
Often a situation arises when a father who has left the family is not officially employed. In this case, the minimum amount of alimony of the non-working payer will be calculated as a percentage of unemployment benefits. For example, if the debtor is on the labor exchange and receives 850 rubles a month, then the amount of payment will be 208 rubles.
In the case when the payer does not work and does not receive benefits, the amount of alimony is established in court. Typically, the basis for the withdrawal of the final amount is the minimum wage. Before you name the amount, the court assesses the financial and marital status of the debtor, checks for hidden income, such as interest on a deposit or rental property. Based on these data, the size of the payment is assigned. The main thing is that the announced amount of money is sufficient to meet the needs of the child.
If in the future the payer gets a job, he will pay the same money. To increase the amount of payment, you must again go to court to review the case.
Collection of alimony
Parents who, after leaving the family, do not want to support their child, are not uncommon in our time. In most cases, he does not pay at all. And then those who look after the children have to "knock out money." 1,500 rubles at the moment - the minimum amount of child support. The methods of collection do not differ in their diversity, but rather, on the contrary.
Most often, those people who do not have a permanent source of income do not pay, that is, in fact, they are unemployed. In this situation, do not give up. There is a certain mechanism that will make it possible to pay child support. True, the scheme will only work if there is unofficial income or property that can be recovered.
Typically, these sources of profit are unstable, and therefore the percentage of them is not profitable to calculate. It is better to establish a fixed amount that the parent is required to pay monthly. The alimony recovery mechanism is as follows:
- Obtaining a court decision.
- Help of the bailiff, who will carry out the recovery of funds.
- The amount of payments shall be determined by the court.
- If the interest calculation is difficult, a contract with a specific payment amount is proposed. A clause should be added to this document, according to which the amount may change in proportion to the transformation of the cost of living.
Conclusion
We can conclude that the minimum amount of alimony in each specific situation is different. Many factors influence this: from the work of the payer to the number of children. In most cases, the mother remains with the child. It is very rare for Russia if one father brings up the baby. Mothers almost never pay child support, as fathers do not demand them.
The payer in 99% of cases is a man. And this is understandable. Indeed, a woman with a child, in addition to its content and development, needs to live on its own. Working and raising a baby at the same time is a very difficult task. Child support payments help solve this problem. Fathers who do not refuse to pay keep in touch with their children, and mothers most often do not interfere with this.