Divorce today, unfortunately, is not uncommon. Few spouses in quarrels and misunderstandings restrain their ambitions and try to sort out the problems in essence. And the most unpleasant thing is that children suffer from such behavior of adults. As a rule, after the divorce process or with it, the question is raised about the residence and maintenance of the child. This article will consider at what point child support, the law and misconceptions are charged about this, as well as the procedure for calculating the amount for one, two or more children. But first things first.
Alimony - Definition
According to the legislation prescribed in the Family Code of the Russian Federation, competent family members are required to support their children and parents. The order of such relations is regulated by the fifth section of the RF IC. This document contains general concepts and the procedure for payment and obligations that spouses, children and parents have, and also determines from what point child support is calculated.
About collection
Regardless of whether the parents are divorced or simply do not live together, no one has canceled the obligations to the children. Each father and mother must perform their duties until the child is 18 years old. If one of the parents does not want to voluntarily participate in financial support, funds for the maintenance of the child may be recovered through the court. And then the question arises: "From what moment are child support credited?"
Here all myths and fears should be dispelled that money will be claimed for the entire period, starting from the day registration of a divorce. Any lawyer will say that divorce proceedings and filing a claim for the recovery of alimony are two different proceedings that are in no way dependent on each other. It just so happened in life that after the dissolution of the marriage, mothers and fathers, with whom the children remained to live, are simply forced to demand financial assistance from the former second half. That is why, answering the question, from what moment the child support is calculated, we can say with confidence that the calculation will begin from the date of filing the corresponding claim in court. Namely, from the date that they put on the statement in the office, taking it for consideration.
Limitation period
Children's rights are always a priority and are protected by the laws of any state. That is why the statement of claim for the payment of alimony does not have a limitation period. In other words, regardless of the moment from which child support is calculated, the irresponsible parent will be required to pay the full amount of the debt, even if it amounts to accruals in more than three years.
Statement of claim and agreement
You can apply to the court with a request to collect alimony only if you have not previously concluded an agreement under which the parent agrees to pay a certain amount of money. Article 120 in paragraph 1 of the RF IC says that such an agreement will lose force in the following events:
- in case of death, the parties to the agreement;
- expiration or reaching the child of 18 years;
- occurrence of events prescribed in the agreement.
In the case of the collection of alimony through the court, the termination of such an obligation will occur in the following cases:
- achievement by the child of 18 years;
- adoption of a child for whom child support was paid;
- lack of need for financial support (for alimony for incapacity for work);
- death of one of the parties.
There are many opinions among people about collection and payment, but in most cases they are incorrect, in particular with regard to attributable debt.No need to look for an answer among friends and acquaintances, the calculation from which moment they start. Child support is accrued completely different from what grandmother said on the bench.
Retention Procedure
The full procedure for calculating and withholding child support is specified in the Family Code of the Russian Federation, the list of income from which a percentage is charged for the maintenance of a child, was approved by the Government of the Russian Federation No. 841 of July 18, 1996. These include wages, vacation pay, material assistance (except for payment at birth, marriage registration and help for the funeral), pension, dividends. But with this type of income, as payments upon dismissal, staff reductions or liquidations are not calculated.
There are limitations to deductions. So, for example, for wages this is 20%, but this rule does not apply to alimony, it applies to taxes and payment of debts on the writ of execution. As for child support, up to 70% can be withheld from all income.
So, from what moment the alimony will begin to be collected, they have decided, now we can discuss the amount. This may be a share of all income, or it may be a solid amount of money. Usually, interest on earnings is collected in favor of the children, which can be affected by the number of children with the alimony. For one child, this is a quarter of the salary, for two - a third, and for a larger number - half.
A fixed or fixed amount is generally recoverable by agreement. It can also be installed in the following cases:
- if the payer does not have a permanent job;
- if the salary is paid in kind or in foreign currency;
- if alimony is intended for former spouses, grandmother, brothers, sisters, parents and adult children recognized as incapable of work.
It’s not a secret for anyone that a lot of taxes are calculated from wages, and therefore the question of when the support is calculated is relevant. According to the same Decree of the Government of the Russian Federation of July 18, 1996 No. 841, the personal income tax withholding is carried out first. That is why, after receiving alimony, they no longer fall into the category of income of an individual from whom tax must be paid.
Problem Parent - Baby Trouble
What if the alimony does not work and does not even try to find a job? A huge number of mothers and fathers are faced with such a problem, in whose care after the divorce the child remains. But the truth is what to do if there is no income? Legislation provides that child support may be withheld from property that is arrested and sold by force. Such a decision can only be made by a court. More radical measures are a criminal punishment of malicious alimony, although this is unlikely to help the child.
