According to the law, parents must work together to ensure a decent life for their minor children. This provision is recorded in Art. 80 of the Family Code of the Russian Federation. It clearly states that both father and mother should do this. In the event of a divorce, the procedure and amount of alimony is determined in court. Currently, there are frequent cases when a father who leaves a family is obliged to make payments in favor of 3 children and a wife. Payments may be made as a deduction of material security by agreement notarized. The amount of child support for 3 children depends on several factors. This is what this article will tell.
In what cases are alimony collected?
A large number of children are always a joy. Happiness and laughter will always reign in the house. However, not always everything ends in a rosy way, there are cases and much worse, for example, the father’s departure from the family. Then the children need material support, which is expressed in the form of alimony. To force a spouse to make payments, several rules must be followed:
- Children live with their mother, and she is engaged in their education. By the way, when divorcing, the question often arises: with whom will the children remain? This is decided by the court, and in most cases the mother wins the case.
- Children must be from the same father. This point should not be underestimated. If the kids have a different father biologically, the lawsuit will be rejected.
- Children must be minors. According to the law, the amount of alimony for 3 children is determined only if they are under 18 years old.
The last rule allows an exception. For example, if an adult child is found to be incapable of work, then maintenance obligations remain. To find out, you should conduct a special medical examination.
How to determine the amount of alimony for 3 children?
In total, there are three most proven options for solving this problem:
- The best version of all - to issue a voluntary notarial agreement. This option is used when the spouses have a warm relationship after the divorce. For registration you need to agree on all conditions and notarize.
- If the mother does not want to make any contact with her ex-spouse, you can file a lawsuit and wait for the order. This is a pretty simple option. In order to implement it, additional information and a huge package of documents are not required. There will be enough birth certificates for babies. The court will appoint the amount of alimony for 3 children from different mothers after the calculations have been made.
- This option is the most difficult, but at the same time reliable. The mother needs to collect as many different documents as possible, preferably on the income of her ex-husband. Turning to the court, you can specify the desired amount of alimony for 3 children. If the father works officially, has a steady income, then he undertakes to give half the profit.
List of required documents
It is worth noting that child support is collected from all sources of income. That is, if the debtor officially works and at the same time leases real estate, payments are made as half of the total profit. It is recommended that the mother who brings up the children take the writ of execution to the bailiff service. They will regularly contact the debtor and remind them of the need to pay child support.
To file a lawsuit, the following official papers will be required:
- copies of identification documents;
- copies of birth certificates of children;
- the statement itself in triplicate;
- certificate of marriage and a document confirming its dissolution;
- any other evidence directly related to the case.
How to calculate the payout amount?
The amount of child support for 3 children in Russia officially amounts to 50% of all income of the spouse who has left the family. Regardless of whether there are any other babies, the proportion remains unchanged. That is, if the debtor had three marriages and each had two children, half of the profit is divided into equal shares for all. Provided, of course, if no one has reached the age of majority. As we already know, children over 18 years old are paid alimony only in special cases.
It is worth noting that making payments begins after taxes. This must be taken into account during the trial during the establishment of the amount of alimony.
Maximum Payout Amount
The value of 50% of all sources of profit is not the limit. There are situations when a maximum amount of payments is assigned. Consider some of them:
- If the former spouses decided to conclude an amicable agreement, drawing up an agreement by general agreement. Then the amount of recovery of alimony for 3 children can be anything. The only condition is that when setting the price, do not infringe the rights of the payer.
- As you know, 50% of all income is the limit according to the law. However, there are cases when the court revises the rate upwards. This is due to the good financial situation of the spouse who has left the family, and the conditions of the mother’s children are also assessed.
- The amount of alimony for 3 children can be assigned not in a percentage, but in a fixed amount of money, and then the ceiling is not limited. In this case, the court may oblige to pay absolutely any amount. The main thing is that the child can live at the proper level, and the rights of the payer are not infringed.
- Officially, the maximum amount of child support can be 70% of all sources of profit. It is appointed in case of non-fulfillment of material obligations by the debtor. Such payments can only be made for minor children.
Sources of income from which child support is collected
The basis for making payments can be absolutely any source. The main thing to remember is that material support is provided after all necessary taxes have been paid.
Nevertheless, there is a certain list of sources of income from which child support is collected. Let's consider them in more detail:
- salary, which is the basis in 90% of cases;
- material rewards to persons who hold public office;
- payments to municipal employees;
- bonuses for employees of medical institutions;
- pensions, various allowances and supplements to it;
- scholarships;
- unemployment benefits;
- income related to entrepreneurial activity;
- rental income from real estate.
The amount of alimony for 3 children in shares is 50% of all income. The listed sources are not all possible, profits can come in another way. These are the main places from which a person can receive financial rewards.
How to document child support payments?
Two of the most obvious methods are usually used to solve this problem: a settlement agreement and a judicial order. In the first case, the former spouses visit a notary public together and agree on the terms of payments. The second case is a bit more complicated. First you need to write a statement to the court. We have already reviewed the list of necessary documents.
Typically, a hearing takes place in one of two modes: simplified or general. The first is possible only if absolutely everything is known about the defendant. However, it is not necessary that the spouse is personally present at the meeting. In any case, the court will decide on the designation of payments. As we have already found out, the amount of child support for 3 children is 50% of the total profit of the debtor. As a result of the consideration of the case, the defendant or his representative is given a court order.
In practice, it is very difficult to find all the necessary information about the payer, so often the court passes in the general mode.
In what order is payment made?
Payment of alimony can be carried out in various ways. One is selected that is optimally suited to both one and the other side. Most often, a spouse who leaves the family makes a payment to a bank card or account of the recipient. Such payments are made from the salary of the defendant at the place of work.
In addition, many people use transfers to transfer funds. Much less often (while maintaining a warm relationship) payments are made from hand to hand. The disadvantage of this method is the fact that it is necessary to document the fact of transferring money to the recipient in writing.
If, when making payments, it becomes necessary to pay taxes or some kind of commission, the debtor does this out of his own funds. The amount of alimony for 3 children in this case will not be less. All costs associated with the transfer of money shall be borne by the payer.
Child support for 3 children from different marriages
In practice, there have been situations when several women demanded child support from one father. If there are several writ of execution, then the accounting department will act in accordance with the law when making settlements. Be sure to take into account the maximum allowable amount of penalties, as well as withholding personal income tax (personal income tax). In addition, you need to monitor payment priorities.
The amount of alimony for 3 children from different marriages cannot exceed 70% of the payer's income. Depending on the decision of the court, both a fixed sum of money and a share of profit can be determined. If the monthly payment is 15,000 rubles for three children from different marriages, then each child, regardless of age (in case of minority) is entitled to 5,000 rubles. The deducted amount is distributed in equal shares to all children of the debtor. If desired, he can separately help financially, but he must make mandatory payments monthly.
Is it allowed to pay alimony to my wife?
Many do not know, however, regardless of whether child support is paid, a penalty can also be applied to a wife. Especially if she is in a quandary, for example, on maternity leave. She has the right to file a lawsuit with a court demanding withholding payments in her favor. And it doesn’t matter if the spouses are divorced or not.
Very often, in practice, wives who have left to raise children want to receive the maximum possible amount from their former spouse. Therefore, in addition to the claim for financial assistance to children, a parallel application is often filed. It contains a request to collect additional funds for the maintenance of the mother of babies. The amount of alimony for 3 children and a wife is determined by the court on an individual basis. The claim for the payment of payments in favor of the mother of children is not always approved. However, it’s definitely worth a try.
Why can payments stop?
The reasons for the suspension or complete cessation of payments depend on how the payment was established: by settlement or in court. If the basis for the payment of alimony was a court decision, then the following reasons are distinguished:
- death of one of the parties;
- children have come of age and gained full legal capacity;
- children were adopted or adopted accordingly;
- if the payee is married;
- if the beneficiary has improved his financial situation.
If payments were made on the basis of the contract, then the reasons may be the following:
- death of one of the parties;
- expiration of the agreement;
- violation of any terms of the contract.
According to the law, maintenance obligations are terminated upon reaching the age of majority of the children. However, not in all cases this is the basis for completing the payment. If the children are sick or require constant care, child support should be paid.
Change in payout
The court may decide that the amount of payment will be increased or decreased. Raising the rate is carried out in cases where the child is studying in a higher educational institution on a full-time basis, or the children are disabled.
Reduced child support is provided in the following cases:
- the financial situation of the recipient of alimony has worsened;
- if the child has entered into the right of inheritance;
- if children are born in a new marriage;
- if they are seriously ill.
Conclusion
In this article, we found out what size child support for 3 children is currently. In order to achieve payments, it is necessary to file a lawsuit with a court demanding material support. In 90% of cases, the case is won by the spouse who has remained to raise children.
Today, there are a lot of such situations, and some parents shy away from their direct responsibilities. The number of unscrupulous payers is increasing all the time, and children suffer from this. Therefore, the law clearly regulates sanctions for evading child support. Parents must ensure a decent life for their children, this is their main responsibility.