What income is alimony deducted from? This issue is beginning to worry many citizens. And not necessarily those who have minor children. After all, alimony obligations are to parents.
In general, all issues related to this topic are very serious. Sometimes it’s impossible to solve them peacefully, you have to turn to the court for help. In order for no one to deceive you, you need to know the laws on child support in force in Russia in 2016. They will help you understand what to count on. Indeed, not all profits will be taxed by alimony.
What will interest be charged to you and in what amounts? What factors can affect the amount of penalties?
Definition
What is child support? Not everyone is familiar with this term, therefore, before you begin to study the nuances of maintenance obligations, it is worth learning the meaning of this word. What does it mean?
Alimony is the amount of money paid in support of a citizen - a member of your family. More precisely, the money that is paid for the maintenance of a person. Usually alimony takes place in relation to minor children and parents. The size of payments is made according to two schemes - fixed and interest. But with what income is child support withheld? What can affect their size?
Influence factors
These questions are not as simple as they seem. After all, usually the amount of material support for minor children and disabled parents is established by personal agreement. True, this is ideal when there is no debate. If the peace agreement did not work out, you will have to go to court. There, taking into account certain factors, they will appoint the amount payable monthly for maintenance.
First of all, the minimum wage that a citizen should receive receives a huge role. Especially when penalties occur as a percentage. According to the rules established in Russia, the minimum wage is 6,204 rubles. Thanks to this component, you can set the minimum child support amount.
Secondly, the official earnings of the citizen are taken into account. This, by the way, is the most important moment among all. Often, the size of payments depends on it. It can increase or decrease, especially if the interest-based cash allocation system is used in favor of a needy family member.
Thirdly, when it comes to children, their number is also taken into account. All minors are counted. In the State Duma, an option was considered in which child support obligations would increase until the child's 23rd birthday if he was studying full-time at universities, but he was rejected.
In the end, the total income of the citizen, who will have to pay money, will be taken into account, since not only salary takes place in the calculations.
In general, the income from which child support is withheld is a very important issue, because sometimes you can reduce the amount of payments legally.
What to consider
As it has already become clear, maintenance obligations are closely related to the earnings of citizens. And the official salary will be primarily taken into account when calculating your profit. Therefore, many, to reduce the size of payments, get a job with a salary in envelopes, where there is a meager official salary.
If you work part-time, the profit from part-time work is also taken into account by the court. In general, any official work that brings earnings in one size or another will be taken into account when calculating the citizen's profit.It is not necessary to hide income - everything will definitely come up, as a result of which the penalties will increase.
If no one can prove that you have high earnings, then the amount of payments will not be large. There are minimal alimony payments that must be paid. They are appointed when the profit does not exceed the minimum wage. You can see for yourself how much child support is withheld:
- allowances for earnings;
- Prizes
- cash support for state / municipal employees;
- fees;
- average employee earnings;
- scholarships;
- pensions;
- unemployment benefits and sick leave;
- profits from the rental of real estate;
- income received under a contract of employment (one-time provision of services);
- compensation for harm;
- cash received in the course of business.
Not taken into account
All of the above sources of funds will be taken into account when calculating child support. But not all citizen profits in such situations are taken into account. What types of income do not support child support? There are not many of them, but they do have a place.
Typically, such benefits include lump-sum benefits and payments, gifts and travel compensation. These are the most frequent sources of money, from which support withholding is not made under any pretext. More precisely, what exactly relates to benefits and payments exempted from participation in maintenance issues? For example:
- payments from extrabudgetary funds;
- material assistance at the expense of foreign states;
- support for terrorism or natural disaster;
- humanitarian aid;
- rewards for assisting in solving crimes;
- payments due for the birth of a child;
- benefits for the death of close relatives / registration of marriage;
- compensation for business trips and wear and tear of the employee’s working tool.
Accordingly, if you have only these incomes, then child support is assigned at a minimum amount. In the same way as with official earnings equal to the minimum wage in Russia. Not everything is as difficult as it seems, if you seriously study all the features of maintenance obligations.
Minimum values
What does the law say in Russia? You can talk a lot about child support - there are certain rules in this country in this regard. And the legislation is constantly being improved in this matter. For example, you need to clearly understand how much you will pay for the maintenance of the child. The size of payments depends on several factors: the number of children, as well as the minimum wage established in Russia.
At the moment, if you have to pay material support in a fixed amount, then the minimum child support should be:
- 1551 rubles in the presence of 1 child;
- 2068 rub. - for two children;
- 3102 rubles if you have 3 minors.
A distinctive feature of these payments is that they can be reduced at the discretion of the court, but only when you have dependents or you are disabled.
Calculation Rules
An interesting point is the system for calculating alimony. Usually, with fixed payments, the court issues a certain amount of money that the second parent will have to pay to support the child. But with interest calculations, everything is much more complicated. After all, the amount of penalties is tied to earnings. What are the principles?
The Law on Alimony (usually understood as Article 81 of the Family Code of the Russian Federation) indicates that depending on the number of children, a citizen will have to pay a certain percentage of the money. For example, for one child - 25%. But if we are talking about a fixed system, then we are supposed to pay a living wage per person, established for a particular region.
For two children, child support increases. He may be appointed by the court at his discretion, but may not be less than 33% of the citizen's earnings. More precisely, from all his income.
But in the presence of 3 or more minor children, the amount of alimony increases to 50% of the total profit of a person.Moreover, as a rule, each child receives at least 16.5% in decreasing order, depending on the number of children the payer has.
For adult
How much child support is withheld and in what amounts, we figured out. Surprisingly, adult children are also entitled to receive material support from parents or their legal representatives. To do this, you need:
- coming of age;
- recognition of incapacity;
- lack of formal work;
- establishing the need for support.
Usually in this case paid alimony in hard cash. For the establishment of these should go to court.
Registration
What documents will have to be submitted in order to receive child support, regardless of the settlement system? Prepare:
- statement of claim (with justification of the need for alimony);
- birth certificates of common children with the defendant (with copies);
- evidence of kinship (examination, conclusion);
- marriage / divorce certificate (and copies);
- applicant's passport;
- certificates from the payer's place of residence;
- documents on the income of the defendant.
And it doesn’t matter whether you are married to a potential payer or not. By the way, at the moment in Russia, they are increasingly serving alimony without a divorce. The principle of calculating payments will not change.
Unfortunately, the minimum wage determined by the minimum wage in the country is a way of avoiding normal payments by alimony. They simply switch to “gray” earnings, the reality of which is difficult to prove.
