Child Support Sizes

The State Duma recently amended Art. 81 SK. According to them, since 2015, the minimum amount of alimony should be 15 thousand rubles. The adoption of the relevant bill is planned in the near future. Let us further consider how the size of child support is currently determined.

General information

It should be noted that at the beginning of 2015 there is no minimum amount of alimony. Payments are made depending on the number of dependents. So, the established amount of alimony for 1 child is 1/4 of the salary required. If he does not receive official earnings, but has a different income, the percentage will be calculated from him. The amount of alimony for two children is 1/3, for three - 1/2 of the funds that he receives.

Can a person evade payment?

Situations are quite common when unscrupulous parents (in most cases, fathers) do not want to provide for their child. It should be noted that in fact it is impossible to evade this obligation. A certain amount will be charged even if the parent is not employed anywhere. The amount of alimony from a non-working person will be determined on the basis of the minimum wage. Many payers deliberately hide their income. They submit certificates for which they receive a minimum wage. Moreover, their actual income is an order of magnitude higher.

In such cases, there are 2 options: either be content with what is, or prove that the payer receives more than shown in the documents. In 2015, the principles by which the amount of alimony is determined remained the same. As mentioned above, accrual can be made as a percentage of income or salary. In this order, the amount of alimony is determined if you do not work and do not have additional cash receipts. In addition, payments may be made in a solid amount. The amount of alimony is determined voluntarily or by court order.

Agreement

Under the agreement between the spouses, both the amount of alimony and the procedure and method of payment are determined. Moreover, the amount should not be less than that which the parent containing the child could count on when going to court. The amount of alimony is determined by:

• In a solid amount.
• In percents.

A parent may not pay money, but provide property (real estate, valuables, a vehicle, and so on). The chosen method of providing the child must be prescribed in the agreement. If payments will be made in money, the contract also provides for a change in the amount of alimony. If this is not explicitly stated in the agreement, then in any case, indexing will be carried out according to the provisions of the UK.

Fixed amount

In case of going to court, the amount of alimony for minor children is determined taking into account the material security of the dependents prior to the divorce in order to maintain this situation subsequently. A fixed amount is usually assigned in cases where the payer’s income is unstable, he is not employed anywhere. Also, a fixed amount of child support in Russia is provided if the obligated parent makes a profit in foreign currency or in kind.

Maternity Payments

If the child is not yet three years old, you should go to court with a lawsuit to recover alimony in favor of not only him, but also the mother. In this case, a percentage of income or salary or a fixed amount may also be assigned. In determining the fixed payment, the marital status and material condition of the parties are taken into account. In accordance with them, the average amount of alimony for the maintenance of the person caring for the child is also assigned. There may be several dependents.The amount of alimony for two children, one of which is not three, is 33% of the income of the obligated parent. In addition, the court also assigns payments for the maintenance of the person providing care for them. If the obligated has several children from different marriages, at least 1/6 of the income for each of them is assigned.

Payment method

It can be set in agreement. The parties themselves can determine the size of the shares, the type of income from which the payment will be made, as well as the frequency and timing. Valuation of property that will act as alimony is also carried out by agreement. Cash can be paid:

• One at a time.
• With a certain periodicity.
• Monthly.

Court Order and Agreement

If there is a voluntary desire to pay the content on the basis of an agreement (notarized), a change in the method of transferring funds is allowed. In this case, the amount is determined by the parties independently, but it should not be less than that which the parent could count on if he appealed to the court. According to the court order, the payment will be 1/4 of all income of the obligated. In order to avoid double payment, you should contact the magistrate’s court, which issued the relevant act, with a request to draw up and approve a settlement. If the outcome is positive, a decision will be made to terminate the proceedings without being given the opportunity to re-write the lawsuit.

Indexing

When considering a claim, the court may increase or decrease the amount of alimony. The adoption of such a decision will depend on the material and family status of the parties to the dispute. For example, the position of the obligated has become worse than it was at the time the payments were made. In this case, he can count on reducing the size of alimony or complete exemption from them.

A revision of the amount of maintenance is allowed in relation to a needy former spouse who is caring for a common child with a disability up to 18 years old or a disabled person of childhood of group 1. In addition to the material, the payer or recipient of the funds may change the marital status. For example, a person who is caring for a child has someone who is also required to carry out his maintenance. This may result in reduced child support. A child can be born in a new payer family. In this case, his real spouse should apply for payments or enter into an appropriate agreement. Further, the amount of support for two or more dependents will be indexed. At the same time, payments for each must be at least 1/6 of the obligated income.

Reasons for reducing the amount

The law establishes a number of circumstances in accordance with which the amount of payment can be indexed. It should be noted that when revising the amount of payments, the income of the new family of the obligated person is not taken into account. Size reduction is allowed if:

• The payer has the first or second disability groups.
• The child, in whose favor the maintenance is charged, has reached the age of 16, works with an income that fully or more fully satisfies his needs.
• The payer receives a low income, has a large family, and providing the same amount of support is beyond his budget, while the child in respect of whom he must make payments provides for himself.
• The dependent is on full government support.
• There are persons in the family of the obligated, in whose favor, by law, he must also pay maintenance.
• The collection is carried out to provide minors from different mothers.
• The person liable has extremely low incomes.

Procedure for revising imputed amounts

To reduce the amount of alimony, the payer should apply to the court located at the recipient's place of residence. The application will be considered, a meeting is scheduled. The court, when reviewing the amount of payment, takes into account the income of only the obligated person, and not the recipient. The following should be attached to the application:

• Copies of the Holy Island about a new marriage and dissolution of the previous one, about the birth of dependents under 18 years of age (certified by a notary public).
• Papers confirming a change in the financial or marital status of the payer. Among them are notarized copies:
  - a writ of execution to recover alimony in favor of other children;
  - agreements on the voluntary provision of dependents;
  - a court order.
• Help 2-PIT for the past six months.
• Extract from the house book and a copy of the personal registration document at the place of residence.

If the applicant will speak on behalf of the applicant, then he must have a notarized power of attorney.

Payout increase

Such a change in the amount of alimony may be carried out in accordance with the statement of the payer or recipient. The basis is, as in the previous case, a change in the family or material situation of a person. Revision of the amount of payment should be carried out individually in each specific situation. For example, with a low income, 1/4 of its part will not be enough to support a child and provide him with everything necessary. In this case, the court has the right to increase the established amount of alimony.

Required documents

To increase the size of payments, you should provide:

• Settlements and securities confirming them.
• A copy of the claim and the documents attached to it.
• Confirmation of the refusal of the payer to satisfy the requirements of the plaintiff.
• Copies of birth certificates of children.
• Documents that prove the requirements of the recipient.

Calculation specifics

If the payment will be made according to several writ of execution, then at least half of his salary should be kept by the obligated person. The law, however, provides for a number of exceptions. In particular, they include cases:

• Stay payer on correctional labor.
• Accrual of alimony in favor of minors and a number of others.

In these situations, the amount of payments is no more than 70%.

Withholding income

Alimony in favor of minors is charged with:

1. Salaries.
2. Surcharges and surcharges to the salary.
3. Rewards, bonuses and other material incentives that are ongoing.
4. From the content and other payments accrued to persons who are in state (civil) service at the federal and regional levels, to deputies, elected employees, members of elected local authorities.
5. The fees of cultural workers.
6. Premiums and bonuses to rates, salaries for class, professional skills, academic degree, seniority, foreign language skills, combination of posts, activities related to classified information, expansion of the service area, management, increase in the volume of work performed, and so on.
7. Accrued ratios and percent of salary at a harmful enterprise, at night, holidays, overtime.
8. Amounts of remuneration to employees of municipal and state educational institutions in the performance of classroom management.
9. Payments to medical staff, nurses, paramedics, emergency doctors, district doctors, general practitioners.
10. Scholarship.
11. Pensions of all kinds.
12. Disability benefits or unemployment benefits (by decision or order of the court).
13. Prospectors' income.
14. Amounts paid during the period of employment dismissed during the liquidation of the enterprise.
15. Entrepreneurial profit.
16. Income from rental property.
17. Profits on equity units, shares.
18. Cash allowance serviceman, police officer.
19. The income of a person sentenced to correctional labor in the penal colony educational colonies prisons, as well as staying in drug treatment departments at psychiatric dispensaries and inpatient hospitals.

From what amounts is deduction not made?

Alimony is not exacted from:

1. Compensation for health food.
2. Payouts on a business trip.
3. Compensation for transferring to work in another locality.
4. Benefits for women who have given birth and to pregnant women.
5. Compensation for damaged / worn tool owned by an employee.
6. Citizens allowances for children under three years of age.
7. Maternity capital.
8. Funeral allowances.
9. Compensation for tickets to the sanatorium / dispensary.
10. Material assistance (during marriage registration, childbirth, in connection with natural disasters, in the death of relatives).
11. Pensions for loss of breadwinner.
12. Alimony received by the payer.

Application Filing Features

The law provides for the procedure by which a claim is made. In the application, in the first place, details must be present. These include:

• The name of the court.
• FULL NAME. plaintiff and defendant, their addresses.
• Name of the document ("Claim for the recovery of alimony").
• Signature, number.

The text should describe the current situation in chronological order. If, for example, the application is sent immediately after the divorce for the purpose of child support, you must choose the way in which they will be paid. The court will consider the requirements taking into account the material and marital status of both parties.

If the plaintiff decides that in the current situation it is more expedient to receive a fixed amount, then its size should be justified by calculations. In this case, it is additionally necessary to indicate the possibility of indexing the value in accordance with the economic situation in the country. If possible, the plaintiff should also provide evidence of the defendant's real income in the event that the amount presented is clearly underestimated by the documents presented to them. If their financial situation worsens, the obligated person, in turn, may ask the court to reduce payments. For this, he should also submit relevant documents. For example, that he lost his job or he has a new family, which also has a child in need of support. Regardless of the reason for filing a claim, all documents confirming the situation must be attached to it. In addition to the above, it can be various references, testimonies of neighbors, characteristics from work, and so on.

Important point

It must be understood that all issues related to reducing or increasing the amount of alimony are decided solely by the court, and not by officials at the place of work of the obligated person. An unauthorized review of the assigned amounts is considered illegal and has no force. The court, in turn, when considering the requirements is obliged to be guided by the norms and take into account the specific situation, all the circumstances that take place.

Conclusion

Each parent is required to support their child. Minors are under the special protection of the state. Criminal liability is provided for malicious evasion of providing for their children. The law strictly regulates this area, but in practice it is far from always possible to bring the perpetrators to justice. For a very long time, many malicious defaulters simply cannot be found. It should also be noted that the law provides for the possibility of depriving the former spouse of parental rights. However, even this does not relieve him of the obligation to support the child. The court may forbid him to see the minor, to communicate, but security should be carried out in any case. Undoubtedly, the situations can be very different. However, this does not mean that one should hide from responsibility. If necessary, the defendant may submit documents proving the validity of the reasons why he did not fulfill obligations. The court will consider all circumstances and papers, take into account all the information received when making the decision.