Alimony must be paid by all parents who live separately from their minor children. They are usually accrued after a divorce is filed between citizens. By court order or in a peaceful manner, parents decide with whom the children will live. A parent who will live separately is required to pay child support. It is important to understand how much child support is paid, how they are assigned and when they are paid.
The concept of alimony
Each parent should be aware of their responsibility to the children, so money and time should be spent on their maintenance and education. All of these rules are contained in the Family Code. So that citizens do not shy away from fulfilling their duties, the legislation precisely defines the mechanisms for accruing alimony, their size and the rules for recovery.
Alimony is represented by cash payments that are transferred to minor children or relatives who are recognized as incapable of work and in need of material support.
Who pays child support?
It is important not only to figure out how much child support is paid, but also who should transfer these funds. Funds are paid by a parent who does not live with minor children.
The obligation of each parent to support their children does not depend on whether there is an officially registered marriage or if the parents are divorced. It is often required to pay money not only for children, but also for other close relatives who cannot independently earn money. Under certain circumstances, men often pay alimony even to ex-wives.
Who gets paid?
Expect to receive alimony according to ch. 13 and ch. 14 SK can different citizens. These include:
- minor children who do not live together with the parent, and at the same time he still has an obligation to maintain them;
- adult children recognized as incompetent for any reason;
- a spouse who is disabled and low-income;
- a spouse who may even be a former one, and at the same time he is caring for a child with any disability group;
- the spouse who is pregnant, and also payments are assigned to her after the birth of the child for three years;
- former spouses who have received disability before the termination of the marriage or within one year after the dissolution of the marriage;
- low-income spouses who retired after divorce within 5 years.
For each of the above cases, unique rules for the appointment and collection of funds are used. In this case, it is important to understand how much child support is paid if you do not work or are officially employed in any company.
Are child support paid in the absence of an official marriage?
Many people prefer to live together in a civil marriage, so they do not formalize the relationship. But even such conditions are not grounds for a man not to pay child support for common children with a woman. This is a violation of the rights of the child, therefore, in any case, payments are assigned.
Under such conditions, the court will need to establish paternity. Often, men even refuse to be indicated in the birth certificate of children, so this process is necessary to collect child support from them in court. Moreover, the mother must additionally have evidence that she really lived with a particular man, and also gave birth to a child from him.
Can I count on child support without divorce?
Often people stop living together, but none of them file for divorce. Even under such conditions, the woman with whom the children remain can sue the man to pay child support.
She will need to prove that indeed her husband does not take any part in the maintenance of children. For this, the necessary documents are collected, on the basis of which payments are assigned.
How is the payout calculated?
It is important to know how much child support is paid. Initially, it is determined how the payment is calculated. Two options can be used for this:
- the establishment of a certain share, which is calculated from the official earnings of a citizen;
- determination of a fixed and fixed amount, which is transferred to children on a monthly basis.
The first option is considered the most popular. How much does child support pay? In this case, all monetary receipts of a citizen that are official are taken into account, therefore personal income tax should be paid from them. It is impossible to take into account any additional income that is not known to the Federal Tax Service or PF.
Nuances of paying a cash amount
This option is used in situations:
- the citizen does not have official work, therefore he cannot confirm his cash receipts by any documents or other means;
- a person receives earnings in kind;
- his income is presented in foreign currency;
- a person’s earnings are constantly changing or irregular, so often there is simply no basis from which to calculate based on the established share;
- it’s difficult even for a court to determine the exact income;
- if the determination of alimony is prescribed taking into account a certain share of the income, then this becomes a violation of the interests and rights of minor citizens.
Under certain conditions, a court may even use a mixed system.
When applying a fixed amount, the size of the subsistence minimum is taken into account.
How is child support calculated based on a share of income?
Art. 81 SK indicates what percentage is determined from the income of a citizen. For this, the requirements are taken into account:
- at least 25% of the funds received is allocated for one child;
- for two children, this proportion is 33.33%;
- up to 50% of income may be assigned to three or more children.
When appointing this share, the material situation of the payer and the recipient, as well as various circumstances considered by the judge, are taken into account. Therefore, it is allowed to reduce the amount of payments.
How much is child support paid?
Everyone should understand how much money is presented as the basis for determining the amount of alimony.
The main list of cash receipts that should be taken into account when calculating this payment is contained in PP No. 841. Also, the bailiff service regularly draws up special acts that contain information about the rules for calculating child support.
Often people are interested in the question of how much alimony is paid in Belarus and Russia. In these countries, the rules for determining this payment are almost the same.
Alimony from the salary
If a man who lives separately from children and must transfer funds to them for maintenance has an official and stable job, then it is advisable for a woman to demand from the court accrual of payments based on a share of earnings. In this case, you need to figure out how much child support is paid: from wages or bonuses? The calculation is based on all cash received from the employer.
It is important that the personal income tax be paid with this money, so they are official. Not only the salary, but also the bonus is used in the calculation, if it is not issued in an envelope, therefore it is not taken into account by the accountant.
How much is child support paid? For this, the proceeds represented by payments are taken into account:
- salaries in all places of work of a citizen;
- remuneration received from an intermediary agent;
- incentives represented by certain percentages of the proceeds received by the enterprise;
- various bonuses or other monetary rewards;
- allowances calculated depending on the length of service or length of service, and they can also be applied in hazardous working conditions;
- surcharges that are assigned to citizens if they take on additional burdens;
- vacation pay or vacation compensation;
- payments under the GPC agreement;
- compensation for meals or travel.
If a person works in several places at once, then from each such place of employment, earnings are calculated taking into account when calculating alimony. It is important for the military to figure out how much child support is paid. The size of this payment is determined on the basis of monetary allowance.
If wages are presented in kind, then during the calculations you must use the market value of the property.
Are child support payments tax-free?
The calculation is based on the net income received by the citizen after the personal income tax deduction, which is indicated in the Federal Law No. 229. How much is the child support paid if the parents have a tax deduction? This amount is also used to calculate the payment, therefore, all the money received by the citizen in his hands is taken into account.
If a person receives a deduction on his own, for which he turns to the department of the Federal Tax Service, then he must recalculate the alimony, and then repay the arrears.
What is the size of the alimony of an unemployed payer?
The lack of official income and work does not relieve the parent of the obligation to transfer funds to support his child. Therefore, it is important to understand how much child support is paid if you are not working.
In such a situation, an unchanged amount of funds is established, which must be transferred monthly to the second parent of the children. This takes into account the size of the average wage established in the region where the citizen resides. Depending on the number of children, 25%, 33.33% or 50% of this indicator is determined.
Calculation if the payer is registered with the employment service
How much child support is paid for an unemployed person if he has the official status of a non-working person. To do this, he needs to contact the employment service and submit documents that confirm the lack of official work. In this case, he can count on a special allowance calculated on the basis of his average salary in the past.
It is from this allowance that alimony is paid, for which a share or a specific fixed amount established by the court is taken into account. Often, the benefit does not cover child support payments, and in this case, you must go to court to change the amount of this payment.
Settlement from other types of income
Every parent who does not live with his children should figure out how much child support is paid. They are calculated standardly on bonuses and salaries, but additionally they are charged on other cash receipts. These include:
- scholarships;
- pensions;
- social benefits;
- payments assigned to citizens upon their dismissal;
- rent or rent;
- profit received as a result of various transactions with securities.
Even persons who are convicted and sentenced to compulsory labor, pay alimony from the received earnings, and only then various fines or other charges are withheld.
What funds do not pay child support?
Money is not levied on miscellaneous income, which include:
- compensation for expenses incurred during a business trip;
- transfer of money for depreciation of equipment used during operation;
- income from the sale of an object that did not bring profit;
- assistance due to injuries or damage resulting from an emergency;
- compensation for the purchase of medical nutrition;
- alimony paid by others.
Thus, there are certain payments that really can not be used to calculate child support.
What funds are levied with IE?
Many individual entrepreneurs work in simplified modes, so it is impossible to establish their income. What is the amount of alimony paid by an individual entrepreneur? For this, the same principles and conditions are used that apply to employees.
In the calculation process takes into account revenue received as a result of the entrepreneur. The individual entrepreneur himself must calculate the amount of alimony and list them. By a court decision, they can be paid a fixed amount, and if the interest rate on the income received is set, then it takes into account which tax regime is used by the entrepreneur.
If OSNO or USN is used, then the basis will be net profit from work. If there is UTII, then difficulties arise with the calculations, since it is accounted for imputed, rather than actual income. Therefore, the entrepreneur must in court confirm with documents the income and expenses. The same conditions apply to IP operating on PSN.
If an entrepreneur combines entrepreneurial activity with hired labor, then he must take into account the receipt of money from these various directions.
Thus, alimony is calculated from different cash receipts of a citizen. They can be represented by a certain amount, which is the same every month, and can also be monthly calculated based on the money received by the payer. It is important to understand from what incomes this payment is allowed to calculate, and what funds are not accepted for these purposes.