Children are the foundation of a happy marriage. But not always. Therefore, in recent years, cases of divorce proceedings have become especially frequent. Children often become victims in such cases. Therefore, for their protection and financial stability, there is the Family Code of the Russian Federation, which regulates the collection of alimony and ensuring a decent standard of living for a child.
What is child support?
Alimony is money paid by parents to support a child. Translated literally, it is "money for food." It is important to remember that these amounts can be paid not only to young children, but also to parents who do not have work or who are on pension.
As for the size of payments, it depends on the financial condition of the parent, who was obliged to pay child support. Evasion of payment is an occasion to transfer the solution to the problem in the courtroom. 
Goodwill Alimony Payment
If the spouses diverge amicably, then a statement of the alimony payer is drawn up, which says about the need to recover the payment.
The application should have the following information:
- Passport data, full name recipient of alimony.
- FULL NAME. child, age.
- Amount of child support paid.
- Retention Order.
- The payments that make up child support.
- Details and deadline for receiving payments.
- Withholding date.
Judicial recovery of alimony
If the spouses cannot agree, the conversation is transferred to the courtroom. There are a number of official documents:
- Court order - based on this document, alimony is paid.
- Writ of execution - this document is issued after the issuance of a court decision.
- A certified agreement fixed by a notary - if the parties have agreed voluntarily.
The writ of execution differs from the court order only in the way it is received. These documents are needed to establish the conditions and amount of child support payments. In order for the sheet to have legal force, it must indicate the details of the recipient.
Keeping Alimony
Failure to pay child support is punishable by law. Upon receipt of any executive document on the collection of such deductions from the employee, neither the order of the employer nor the consent of the payer is necessary. Criminal liability is provided for the non-maintenance of alimony - Art. 315 of the Criminal Code:
- Dismissal to 5 years.
- Forced labor up to 2 years.
- Fine up to 200,000 rubles.
- Arrest up to 6 months.
Funds from which retention occurs
The most difficult is the correct calculation of alimony, which is regulated by the Decree of the Government of the Russian Federation No. 841 of 07/18/96. This resolution stipulates various types of wages both in the main workplace and in relation to additional financial income.
Calculation of alimony for an unemployed person
Such payments are inevitable even in the event of insolvency, for example, in the event of loss of work. So how many alimony for 2 children will a person pay? Depends on many factors. The amount of alimony for a person who does not have a permanent job is calculated in accordance with the average level of wages in the Russian Federation and the number of children in the family.
According to statistics for 2015, the average salary in the Russian Federation is 30 thousand 100 rubles. In accordance with Russian law, a parent must make payments in the amount of ¼ of his income (in the absence of a permanent place of work). So, if the family has one child, then the calculation will be as follows:
30 100 x 25% = 7525 Russian rubles.
How many alimony for 2 children? If the family has two children, the parent must pay 30% of the income:
30 100 x 30% = 9300 rubles.
If the family has many children, then the parent must 50% of the income:
30 100 x 50% = 15 050 rubles.
If the parent officially receives unemployment benefits and is registered, child support will be calculated from the amount of 5965 rubles.
Minimum child support amount
Despite the above figures, many regions of the Russian Federation do not reach the official average wage. Therefore, in most cases, lawyers and lawyers advise to resolve the issue related to the payment of alimony, peacefully. So that the amount of payments suits both parents. If there is no permanent work, the minimum amount of alimony is appointed by the court. The place of residence and registration, the general level of earnings, the number of children on which payments will be made, the period from which the parent does not work, and a huge number of factors are taken into account.
If the parent is willing to pay child support regularly, the court sets an acceptable minimum amount. But if the parent is not going to make payments, then criminal liability is provided for evading child support.
Collecting alimony from the unemployed
The following child support payment options are available:
- Payments are made of free will.
- An agreement is concluded between both parties to resolve the issue of the amount of payments.
- The court decides on the amount of alimony.
If there are objective reasons why a parent cannot pay child support, a certain amount will be deducted from the allowance (state assistance).
A fixed amount of child support helps in cases where payments are received with a delay, and there is no clear payment schedule. A parent who is raising children cannot calculate the amount that he spends on purchases and other conditionally fixed costs. It is important to understand that only an experienced lawyer will be able to convey clear arguments to the court regarding rest, classes with teachers, visits to sports sections and circles. And that all these expenses are necessary for the versatile development of the child or children. But it is precisely for this that timely alimony is needed. Avoidance only harms children.
Payment of alimony in 2016
Today 32,000 rubles is the average income level in Russia. Based on this, the minimum amount of alimony that a parent raising a child will receive is approximately 8,000 rubles.
Every year, many legal documents (regulations, laws) are supplemented or amended. So, in 2016, the provision on the payment of alimony by an unemployed parent changed - 25%, 30%, or 50% of the average earnings in the Russian Federation.
Predicted changes in the child support payment system in 2016
A few years ago in the Russian Federation, a national strategy was adopted to protect the interests of children, which only began to be implemented in 2013-2014. This program is valid until the end of 2017, and Russian legislation is synchronized with it.
The most controversial and debated point in this strategy are debt collection methods. So, in 2015, the punishment and fines were tightened when the payer does not pay child support. Evasion of payment entails criminal liability. In 99% of cases, courts make decisions in favor of children, but alimony payers feel their impunity and can afford not to comply with the law.
The bill and the binding to the minimum wage
May 2016 may be a turning point in terms of compliance and tightening standards regarding such payments. The minimum amount of alimony (there is a link to the minimum wage) can be increased from 5,000-10,000 rubles to 15,000 rubles.In addition, malicious defaulters can lose their driver’s license, and their personal data can be made publicly available, for example, at the airport, railway station, bus station, entertainment complexes, shopping and business centers. Regarding the age of the child, the proposal to increase age qualification (from 18 years to 23 years) was rejected.
In 2015, Duma deputies significantly specified and narrowed the concept of “malicious deadbeat”, which allows many to avoid punishment, and non-payment of alimony has long been a habitual affair. Now, if a person works or can work and does not pay the necessary amounts for children, then he will face criminal liability. As for the documents, no changes are expected here, even in the case of a civil marriage.
Indexing of alimony in 2016
Regional features affect the payment of alimony and their purpose. This is because payments are tied to the cost of living, and the cost of living is unstable and dynamic. Therefore, 2016 is the year of recalculation of alimony.
Changes are made by the government of the Russian Federation, which approves a budget based on the economic and political situation in the country. Now it’s difficult to talk about rough forecasts, but many analysts say 5.5%. So much is the possible indexation of alimony.
However, the same analysts say that the government of the Russian Federation for the first time will approve indexation not in favor of children, but in favor of child support. This is directly related to a possible inflation of 6.3%. On the other hand, this will create a legal precedent, since the Family Code was created to protect children and create decent conditions for the life of the child. Section 117 The IC of the Russian Federation says that indexation is closely related to the cost of living and the general standard of living.
In 2016, a number of laws will be revised related to the payment of alimony and the punishment of defaulters. This is due to the increasing amount of arrears on payments to children, and what pushes the government to tighten this system.
The concept of family policy in the Russian Federation
The Government of the Russian Federation adopted the concept of family policy in 2014 (Decision No. 1618-p). It is this one that governs liability for tax evasion. The concept of family policy is in force until the end of 2025, 2016-2017 - a period of intensive development of new regulations and the implementation of existing documents. It also regulates child support debt.
A separate deputy group on social issues proposes to create an Alimony Fund, which in structure will resemble the Pension Fund of the Russian Federation. This fund should accumulate subsidies received from the state and other payments that should be paid to persons who do not receive payments for the child.
Malicious defaulters become debtors of the state and bear full legal responsibility. Currently, article 115 part 2 of the Family Code of the Russian Federation provides for the payment of a penalty for evading child support. The child will not only receive child support on time, but will also become socially protected. This bill is due to be considered in April 2016.
More often bills arise related to changes in the size of payments. But this is a controversial point, as the debt on alimony has increased in recent years, and if you increase the minimum amount, the numbers will only grow. So, in 2016, payments per child should be about 15,000 rubles. But the Duma refuses to take such initiatives, since many alimony payers pay about 5,000 rubles, less often - 10,000 rubles. So much and average child support. At the same time, tax evasion is a fairly popular reason for considering new bills.
In May 2016, bill No. 401490-6О will be introduced, which establishes fixed and shared alimony.Thus, alimony will not be able to evade payments or pay a smaller amount than established by the state.
There is no ideal legislation, but the Family Code of the Russian Federation, the concept of family policy and the national strategy that protect the interests of children are among the best in international legal practice. They are aimed at protecting the interests of children and ensuring the highest living conditions. As for the punishment of malicious defaulters, we still need to work here.
