What percentage of the salary goes to child support? How many percent of the salary are child support How many percent are paid child support for 1.

A parent living separately from the children must pay child support. The amount of payments depends on the number of minors in the family, whether an alimony agreement is concluded between parents or alimony is enforced.

If alimony payments are assigned as a percentage of the parent's earnings, then less than 25% of the total income of the mother or father cannot be transferred to the only child in the family. If alimony is charged (hereinafter - TDS), then usually the family and financial situation of both parents, as well as the subsistence minimum established in the region where the child lives, are usually taken into account.

Attention

Former spouses can independently agree on the method and schedule of payments, then notarize this agreement. Otherwise, the amount of alimony is determined in court.

How to make child support

Alimony payments can be made in two ways:

A voluntary method of assigning child support involves reaching agreement between parents on all issues related to the maintenance of minors. After drawing up the agreement in writing, the spouses must notarize a document. If several minor children are raised in a family, an agreement is drawn up for each individual. In case of changes in the conditions for the payment of alimony, they are entered in the necessary document.

If it was not possible to reach a compromise, the parent living with the child may apply to the court. Usually the issue of maintenance is considered justice of the peace. In court, the form of payment of alimony can be determined:

If alimony is associated with the establishment of paternity, the matter is considered by the district court at the place of residence of the plaintiff or defendant.

Alimony Notary Agreement

Concluding a parental support agreement is the easiest way to assign payments. Former spouses independently agree on all the important points related to the maintenance and provision of common children, and then reflect them in writing. The document must reflect:

• method of calculating payments (equity or in a fixed amount);
• a schedule of transfers (parents can agree on a monthly receipt of payments or that child support will be transferred once every few months);
• how the money will be transferred from the payer to the recipient (to the current account, personally in hand, with the help of third parties).

Attention

The amount of alimony specified in the agreement may not be lower than the amount stipulated by the Family Law (according to Article 81 of the Family Code of the Russian Federation). Before signing the document, the notary checks whether the agreements contradict the interests of the minor.

According to Art. 100 SK RF, the agreement must be submitted in writing, and after being certified by a notary receives the power of the writ of execution. To contact a notary public, the mother and father of the child must provide the following package of documents:

• passports of both parents;
• certificate of earnings of the future payer from his place of work;
• receipt confirming payment for the service (in 2018, notarization agreement is 5250 rub.).

If the payer does not fulfill his obligations and violates the agreements indicated in the agreement, the recipient of the alimony has the right to contact the bailiff service to enforce the alimony.

Forced collection of payments

Contacting the court to determine child support is necessary if the parents were unable to agree or if the prospective payer evades their obligations. The parent, the recipient of alimony, must independently apply to the court with a claim for recovery or with a statement on the issuance of a court order.

Sample claim for child support

The court may award payments, both in a fixed amount and as a percentage of the parent's income. However, the frequency of transfers becomes strictly monthly. According to Art. 81 and Art. 83 of the IC of the Russian Federation, the amount of alimony established by the court depends on the method of accrual:

• payments in TDS depend on the cost of living per child in the region of his residence or in the country;
• with the shared method: less than 25% of the salary cannot be attributed to one child, 33% to two, and half of the earnings to three.

Together with the application, a package of documents consisting of:

• copies of the passports of the plaintiff and defendant;
• copies of the birth certificate of children;
• checks, receipts and other documents confirming the amount of expenses for the maintenance of the minor;
• testimonies of witnesses or other evidence of the need to charge child support;
• certificates from the place of work of both parties.

Court review of cases of maintenance support not subject to state duty. A parent can file a lawsuit in court at the payer's place of residence or at his place of residence.

Amount of child support per child

Family law does not define a maximum and minimum amount of child support. The amount of payments depends on several related factors:

• method of processing payments;
• forms of accrual of alimony;
• marital and financial status of the parent;
• health status and a comfortable way of life familiar to him.

Attention

If parents were able to conclude a voluntary agreement, then the amount of alimony is negotiated by them independently. In case of going to court, the plaintiff may indicate the amount of alimony calculated by him, with which the court can agree or challenge it and assign a different amount of payments.

The amount of maintenance may be increased or decreased after the conclusion of an agreement or a court order. You will also need to contact a judicial authority. A change in the amount of alimony may be associated with a deterioration in the state of health of the minor, the appearance of additional costs for him, or, conversely, with the appearance of other dependents and obligations.

What percentage of the salary goes to child support

The Family Code of the Russian Federation (Article 81) determines that alimony payments per child with the shared method of accrual cannot be lower than 1/4 of the parent's total earnings. The deductible income includes not only the salary part of official earnings, but also:

• prizes
• vacation pay;
• part-time income;
• additional sources of income.

Example   If the father of the child at the place of employment receives 50,000 rubles, and another 10 thousand rubles. renting an apartment brings him, then alimony payments will amount to 25% of the total income. Thus, a man will have to pay 15,000 rubles per child. monthly.

Attention

Travel allowances, maternity capital, survivor pensions, child benefits are not subject to alimony deductions. The amount of payments is calculated from the “net” earnings, after the deduction of personal income tax (income tax), which is 13% of income.

If alimony as a percentage of earnings is determined by the court, accounting and the company where the parent is employed are responsible for the correctness of their accrual.

Payments per child in hard cash

Alimony maintenance in a fixed amount of money can be determined if the payer does not have a permanent place of employment, receives wages in the currency of another state, or when payments as a percentage of income are contrary to the interests of the child. According to Art. 83 SK RF, the amount of alimony is determined by the court, based on the needs of the child, as well as the cost of living in the region. If the child lives in a region where a living wage is not established, then the average value for the country is taken for calculation.

The judge will also review the checks and receipts provided by the plaintiff confirming the costs of the child. The resulting amount is usually divided into two, as the obligations for the maintenance of minor children lie on both parents. Alimony in the TDS may differ from the level of the subsistence level up or down. If, a chronic disease or needs special care, the amount of payments can be increased by the court.

The court may reduce the amount of alimony in cases where the defendant is in difficult financial situation, financially provides for other children or incompetent parents, he himself has a disability.

Example   If checks and receipts confirm that a monthly fee of 15,000 rubles is required for a child, and a living wage in the region is 8,000 rubles, the court can determine the amount of alimony equal to 7,500 rubles. However, if the child needs medical care, which costs another 12,000 rubles. per month, the size of payments can be increased up to 13 thousand rubles, despite the fact that this value greatly exceeds the size of the PM.

How much child support should an unemployed father pay

The lack of employment with the payer is not an argument for canceling child support payments, despite the fact that this misconception is common. When assigning payments, the parent can try to get a job or apply to the central medical center (employment center) to receive unemployment benefits, from which part of the alimony payments will be withheld. Otherwise, he will be considered evading his obligations, and maintenance debt will accumulate.

Administrative or criminal liability may be applied to the parent depending on the amount of the debt. In addition, bailiffs have the right to impose seizure of debtor's property   and put it up for auction in the payment of alimony.

Attention

Alimony payments from an unemployed father and in the absence of other sources of income can only be assigned in total. This allows you to track the growth of debt and possible interest (its size is 0.5% of the amount of debt for each day of delay). Former spouses can also conclude an amicable settlement. For example, a parent may allocate part of his property to a child to pay maintenance support.

How much child support if a child is disabled

Alimony for the maintenance of a disabled child can be appointed, both voluntarily and forcibly. The minimum payment amounts remain unchanged, but the parent is obligated to participate in additional coststhat are required for treatment or creating comfortable conditions for the child.

Increase amount child support for a disabled child   You can by contacting the court. The plaintiff must justify his requirements by providing receipts, checks, statements confirming that a large amount is required for the treatment of the child or his rehabilitation. The court takes into account all expenses, including medicines, tickets for trips for treatment, purchase of special furniture and appliances.

Judicial practice shows that child support for a disabled child is most often determined in a fixed amount, which is tied to the cost of a minor. The payer can reduce the assigned amount only in case of force majeure circumstances: a parent or another dependent, for example, becomes disabled.

Procedure for paying child support

If parents entered into an alimony agreement, then the schedule of transfers and the method of transfer of funds should be recorded in this document. Most often, payments are made by transfer to a bank account or by postal order. A convenient format is determined by the parent acting as the recipient of alimony. It is noteworthy that a notarized agreement has the effect of a writ of execution, and can be transferred at the place of work of the alimony payer   to withhold payments for the child, bypassing the appeal to the bailiff service.

Attention

If the funds are transferred to a bank account opened in the name of the child, then withdrawal will require permission from the guardianship authorities.

Transfer of alimony after receiving a court order or writ of execution can also be done on a bank card or by transfer, and deduction can be made by the accounting department of the organization where the parent works. For this, the details of the beneficiary's bank account are transferred to the place of employment, and once a month the necessary amount is sent to them. However, when forced way to collect alimony   it is worth keeping in mind that a judgment is better forward to bailiffs   - to prevent or effective impact on the alimony in case of arrears.

2019-07-16

RedRocketMedia

Bryansk, Ulyanova str., 4, office 414

Father's maintenance obligations for the maintenance of a minor child: minimum and maximum payment for 1 child. Grounds for assignment of payments: notarial agreement or court decision. The procedure for payments by a disabled citizen or a disabled payer.

Amount of child support for 1 child in 2018: a fixed amount or a share of earnings

The financial maintenance of minor children is vested in the parents, at the legislative level. An agreement or court order is used to document the obligation.

The agreement has been applied in practice relatively recently. This method is more civilized, but more expensive. Most citizens continue to resort to the services of a justice of the peace for making maintenance payments.

How is the amount of alimony determined as a percentage per child in 2018?

Material support for a minor paid by a parent living separately from the child is called child support. The Family Code provides the following options for paying financial support:

• in proportion to the parent's income;
• fixed amount;
• one-time flat amount;
• set-off of major property of the payer against material support.

Art. 81 SC sets the size of the shares depending on the number of children with the payer:

In the absence of an agreement on the payment of alimony for minor children, the court shall recover it from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half the earnings and (or) other income of the parents.

The payment of financial support in proportion to the citizen's earnings is used exclusively when calculating the payment for the maintenance of minor children

Amount of alimony: what amount is collected

The Family Code does not establish the exact amount of the payment. However, there are certain restrictions for payment in the form of a fixed amount:

1. The amount cannot be less than what the court would have appointed on the basis of the income of a citizen.
2. The amount of payment should be a multiple of the cost of living.
3. The amount should not infringe on the child’s right to a normal lifestyle.

The amount established by the region for minors during the period of compilation of the document is used as a living wage. The amount must be a multiple of it (for example, ½ of the subsistence minimum).

The amount is subject to regular indexation, in accordance with the increase in the cost of living.

Alimony by agreement

One of the grounds for the payment of material support for children is a notarial agreement. This is an option for the voluntary settlement of the financial issue between the parents of a minor.

The document is executed in writing and must be certified by a notary. Mandatory terms of the agreement are:

• data of the parties;
• data of a minor;
• frequency, size, type of payment;
• the possibility of providing additional payments;
• reporting expense;
• terms of termination of the document.

The document has the effect of a writ of execution. If one of the parties ignores the obligation to fulfill the conditions, the second may transfer it to the FSSP for enforcement.

In favor of whom the contract is drawn up

The recipient of funds by agreement varies depending on the age of the child for whom the funds are held:

• for a minor (from 0 to 14 years old) - the recipient of the funds is the parent with whom the child is constantly living;
• for a minor (from 14 to 18 years old) - the recipient is the child, with the consent of the second parent.

Material security must be transferred to a nominal account opened in the name of the second parent. Amounts spent exclusively on the needs of the child.

Frequency of Payments

The frequency of payments is established by agreement of the parties. The law provides for the following options:

• regular payments
• one-time payment;
• set-off of property instead of payments.

Regular means payments made monthly, quarterly, annually.

The law allows you to transfer the amount of maintenance payments to the mother’s account at a time, for the entire period at once.

Instead of paying cash, a citizen can re-register a real estate object or a motor vehicle for a child. The owner of the object should be a minor.

Additional terms

The agreement may provide for additional payments for the maintenance of a minor. Funds are provided in case of illness of the child, if necessary, summer rest and recreation, visiting clubs or sports sections.

Parties may provide for special conditions that are not contrary to law.

Control of spending

The only legal way to request a report from the recipient of material support for a minor child is to include a reporting item in the agreement.

The payer establishes the procedure and frequency of receipt of the report. As evidence, it is possible to provide for:

• checks
• receipts;
• bank statement of payment;
• demonstration of large purchases;
• other options provided by the parties.

If the recipient of funds ignores the obligation to report, sanctions provided by the agreement are possible. In addition, the payer can transfer the document for enforcement to the FSSP.

Termination of the contract

The agreement is terminated in the following cases:

• expired (specific date);
• an event has occurred to which the expiration of the document is tied;
• for other reasons provided by the agreement.

A specific date may be the eighteenth birthday of the child. The event that causes the termination of the document may be the emancipation of the child.

Other reasons are at the discretion of the parties.

Number of copies

A prerequisite in the preparation of the agreement is its notarization.

Therefore, the document is executed in triplicate:

• to the payer;
• the recipient;
• to a notary.

Each copy has equal power and is the original. The notary saves his copy in case of loss or damage to the document from the parties.

New conditions for accrual and collection of alimony in Russia in 2018

The government did not establish new requirements for the calculation and collection of material support in 2018. At the same time, in recent years, methods have been actively developed to collect debts for financial support of minor children.

They include:

• imposition of a fine;
• bringing to administrative responsibility;
• deprivation of a driver’s license;
• a ban on traveling outside the country;
• criminal liability, up to imprisonment.

Court support for one child: what is the minimum amount to pay

The Family Code sets the minimum amount of material support payments for minor children. It is 25% of the total earnings of the alimony.

In special situations (disability, disability, the appearance of additional dependents), the amount can be reduced to 1/6 of the share of all types of income of the payer.

Resize child support

The Family Code provides for the possibility of adjusting the size of material content. In case of payment of funds by agreement, the parties may amend the text of the document. Changes are subject to notarization.

It is not possible to reduce the amount of payment per child by agreement of the parties.

If the second party refuses to draw up an additional agreement or the funds for the child were withheld by a court decision, then changes are made through the court.

Minimum amount

The size of material content in the exact amount is not established by law. The minimum amount is set as a share of all types of income. It is 25% in accordance with the Family Code.

In practice, it is possible to reduce the size of the payment to 1/6 of the share of all types of earnings.

Maximum amount

The amount of material security in excess of the level established by law is determined by agreement of the parties or the will of the payer.

If payments are made by court order, then when determining the maximum amount, it is necessary to separate child support from the gift. Financial security for a minor is considered to be funds transferred to the nominal account of the legal representative for spending on the needs of the child.

Funds credited by a citizen to a minor’s personal account are considered a gift and are not related to alimony.

The maximum amount of the percentage to payer income withheld on payments is 50%. It is charged for the material support of three or more children.

If a citizen has arrears in payments, bailiffs have the right to recover up to 70% from the income of the alimony.

What sources of income are taken into account

Financial support for minors is withheld from most types of income of the payer. These include:

• all types of earnings on the main, additional work;
• payments for vacation, sick leave, bonuses;
• all types of pensions;
• compensation;
• material assistance and other types of income.

The list of incomes from which material security is not withheld is minimal:

• funds allocated for a business trip;
• compensation for meals in the sanatorium and for the use of personal vehicles;
• financial assistance for a funeral, wedding, childbirth.

How are accrued

The process of calculating material security rests with the applicant. The court considers the submitted documents and decides whether to satisfy the requirements or not.

Exemption from payment of financial support is not provided, even if there is a low level or complete absence of official income from the payer.

A reduction in the amount is possible in exceptional cases when presenting evidence of need and disability.

If the payer does not have official employment, then the payment is calculated based on a living wage.

How much interest is paid per child on salary

If a citizen has official employment, the court sets the payment in the form of a percentage. The amount of payment is 1 \\ 4 share in the presence of one child.

If the payer has two children from different marriages, then each of them will receive 16.5%.

The maximum retention rate for children is 50%. It is installed on three or more children. If the payer has 4 children, then the total amount for one minor will be 12.5%.

Thus, the more children in one payer, the smaller the amount for each of the minors.

If the parent is disabled

The disability of a citizen is not a reason for the removal of responsibility for the material support of children.

Payment is deducted from the payer's pension and additional income (from renting an apartment, from bank accounts).

Parent disability

If a citizen needs to purchase expensive drugs or inpatient treatment, he can go to court to reduce the payment.

Independent actions to reduce the payment will lead to the formation of debt. Down payment to a minor is possible only in court.

Transfer of property through alimony

One of the options for material support is the provision of alimony of large property:

• apartments;
• shares in the property;
• a car;
• land plot;
• cottages;
• another property.

The right of ownership to the provided object is drawn up not for the recipient of material content, but for the child, regardless of his age.

The parent is obliged to pay cash for the maintenance of the minor. The payment procedure can be formalized in an agreement between parents or set by court order. Reducing the amount of payment for a child is possible only in court.

Useful video

Alimony may be charged in different amounts, depending on the agreements reached between the spouses, the court order and / or the financial condition of the potential payer. However, given the fact that most people in Russia have stable official work, on which they receive strictly certain amounts, the most popular and demanded option is deduction as a percentage of the received payment for labor.

What percentage of child support is calculated for one child in 2019

Moreover, the percentage of charges depends on how many children are required to support. The more of them, the greater the amount of deductions, but up to a certain limit.

For 1 child

According to paragraph 1 of article 81 of the RF IC, 25% of the payer's income is paid per child. Moreover, not only wages are taken into account, but also almost all other income options (see below).

Example: Suppose a payer of alimony receives 20 thousand rubles net. By court order or by agreement of the parties, as the parents agree, he will be obliged to transfer 5,000 rubles a month to support the child.

For 2 children

Example: Suppose that a person receives 100 thousand rubles and has delayed child support. He has three children, so he is obliged to pay 50 thousand (50%) of wages. However, it will be deducted from it not 50, but 70 thousand. Another 20 thousand will be spent monthly to pay off debt until the debt disappears.

What income is deduction made from?

The Government Decree of July 18, 1996 No. 841 clearly describes the list of all types of income that are taken into account for the deduction of alimony:

• Salary with any bonuses and allowances.
• Fees or royalties for using copyright.
• Pension in any of its manifestations.
• Scholarship.
• State benefits.
• Income from prospecting activities.
• IP income.
• Income from the rental of property.
• Income of shareholders and so on.

In general, withholding is made from almost all types of income.

From what incomes child support is not withheld

Nevertheless, there is a fairly significant list of incomes that are not taken into account when calculating alimony:

• Compensation for harm to health and life.
• Compensation for the death of a breadwinner.
• Payments from the budget to victims of industrial disasters or to disabled citizens.
• Alimony (you can not collect alimony from alimony).
• Funds received on a business trip.
• Payments for the birth of a child.

Similar incomes are also quite a lot. To make this easier to understand, you just need to take into account that everything that is received to care for someone from the state as compensation and in general everything that is not remuneration for labor is not subject to accounting for the calculation of alimony.

How child support is paid

The amount due for deduction is not calculated on the basis of salary with all bonuses and other accruals, but from net income, after tax withholding. In the vast majority of cases, it is not difficult to make a calculation: it is enough to subtract 13% of personal income tax from the received amount of income and to calculate 25, 33 or 50% from the result obtained.

How to get child support

There are only two options for officially receiving child support: conclude an agreement with the payer or go to court.

By agreement

This is the easiest and most affordable option, in which the parties can independently discuss all disputed issues and develop clauses of the agreement that will suit everyone. Here you can set a fixed amount of alimony, as well as determine all sorts of criteria in order to determine the specific size of transfers in a given situation.

Example: In the usual case, 25% of income is monthly deducted from the payer, regardless of its amount or any other parameters. In the agreement, you can specify that the amount of 25% is written off, but not less than the cost of living, and in case of dismissal, a person will be required to pay money based on the average wage in the region.

Through the court

If you fail to agree or even just find a potential payer, which happens quite often among irresponsible parents, the only alternative is to go to court. Unlike most other options, in this case it is enough to simply apply for a court decision. That is, there will be no consideration of the case. The court will consider the application and, if it does not raise questions, will issue a court decision on the basis of which the payer will be obliged to transfer child support in the prescribed manner. And only in the event that he is not satisfied with the amount of payments or any other features of this procedure, he can file a lawsuit in court and understand it on a general basis.

Who lists child support

In almost all cases when child support is transferred as a certain percentage of the salary, the accounting department of the company is involved in the transfer of payments. But she does this not only “at her own request”, but strictly on the basis of the order of the payee, confirmed by agreement of the parties or by court order. If the payer of alimony is not going to personally provide such data and by all possible means evades payments, then the bailiffs will take matters into their own hands and do the same, but by force.

According to Article 109 of the IC of the Russian Federation, accounting should transfer funds no later than three days from the moment of payment of wages.

Resize child support

The amount of alimony is not something unshakable. The size of the payment can change quite regularly, and both the payer and the recipient of money can initiate the process of reviewing payments. This may be necessary due to a sharp change in the financial condition of the payer or recipient of funds, due to rising food prices, serious illnesses and many other similar factors. They are considered in each case individually.

In addition, the amount may be regularly indexed, if required by agreement. The parties can agree to the extent that annually the size of payments is revised upwards based on the size of inflation or just some figures that will only matter to former spouses.

When collecting child support, each individual situation is considered individually. That is why unexpected problems and questions often arise. To understand all this, we suggest that experienced lawyers contact us for a free consultation. In addition to answering questions, they can also undertake the preparation of documents, drafting statements or agreements, and in addition, they are ready to represent your interests in court.

At all times, divorce has been, is and will be. That's just the children suffer from this. But whatever one may say, but in such a situation the question of the most acute arises. Therefore, we consider it in more detail.

The regulatory framework governing child support

The issue of alimony payments in the Russian Federation is regulated by:

Family Code, in particular Federal Law No. 223;

• Article 82 of Federal Law 223 (as amended on December 2015), which clearly regulates the sources of income from which alimony payments can be calculated;
• Decree of the Government of the Russian Federation No. 841, which guarantees financial assistance to the parent of the child with whom he does not live.

Who and to whom can pay child support for one child

According to article 80 of the Family Code of the Russian Federation, parents must provide financial support to their children until they reach adulthood.

It is also worth noting that if one of the parents, who must pay child support, is disabled, it no reason to shy away from monthly payments. This is clearly stipulated in the Resolution of the Ministry of Justice of the Russian Federation of July 20, 2015.

Therefore, parents are required to pay child support:

• to their minor children;
• children who, for whatever reason, were left without their guardianship
• children who, despite their minor age, are disabled and need help.

It is important to note that this financial assistance for children can be paid on the basis of the compilation between the spouses, but in this case it must be notarized.

Who is eligible to receive monthly child support?

It does not matter what the amount of child support itself is, they can be received by those who will send payments for the life and maintenance of the child. To be more precise, we are talking about such persons as:

• the mother of the child, directly from the former spouse;
• a father who brings up a child on his own without the participation of a mother;
• representatives of the child. In this case, we are talking about representatives of one of the parents, both of them. In addition to them, they can receive alimony: employees of the educational center in which the child is detained, guardians, adoptive parents.

Principles of calculating child support

The calculation of alimony with a voluntary agreement and through a court is slightly different, so we will consider each of the options separately.

With voluntary agreement

If we talk about the legislation itself, then there is no minimum size as such. This indicator is determined on the basis of this principle of calculation: at least 25% of total official income.

That is why when determining the amount of child support for 1 child, it is recommended to rely on Article 81 of the Family Code of the Russian Federation, and to demand child support in the amount of at least 25-50% of the average monthly income.

It is also worth mentioning that with a voluntary agreement, the party that claims to be paid has the full right to demand alimony for a minor child:

• in one of the shares of the amount received by the parent (one that is a child support payer);
•   . This amount can be paid both in full once, and in installments monthly (determined individually);
• in a fixed amount, starting from the cost of living.   For example, a living wage of 6000 rubles, respectively, you can agree that the payer will pay this amount or most of it monthly. Moreover, if the minimum is indexed, the amount of child support is directly proportional to the percentage of indexation;
• in the form of transfer to the child of the property.

One of these options can be offered directly to the payer of alimony and is further indicated in the settlement.

Rules for calculating child support when applying to a judicial authority

Often there are situations where spouses cannot reach a compromise in an independent attempt to resolve the issue of the amount of alimony. In the event of a similar situation, the court comes to the rescue.

The basic rules that a judge adheres to when calculating monthly payments per child are as follows:

• the judge will determine the amount of child support for each child, starting from article 81 of the IC of the Russian Federation (the percentage of statutory deductions by law from the average earnings for each child);
• the level of the average wage of the parent, who will pay child support, and whether there is official work in particular, is taken into account;
•   , the minimum wage is taken as the average earnings, and the calculation procedure itself remains unchanged - the percentage ratio for each child;
• in the presence of official income in foreign currency, the judge may order the payment of alimony in a fixed amount;
• the amount of alimony can be significantly increased if the child is undergoing training on a fee basis, or needs medical treatment (money is needed for medications);
• depending on the financial situation of each of the parents, child support can be increased or decreased.

Amount of child support per child

Today, according to the established minimum wage level,   for 1 child is about 1500 rubles.

Thus, the minimum wage is 6,000 rubles, and 25% of it is 1,500 rubles.

If the amount of alimony is determined in court, then this figure can be increased depending on the level of the payer's average earnings and the financial situation of the recipient.

Alimony per child and more

If we talk about the minimum amount of alimony for each child, then this information is better to provide in the table for a better understanding.

How much child support is paid per child (2016-2017), indexation

Thus, it is not difficult to calculate that the amount of child support for 1 child is at least 1850 rubles. But it must be borne in mind that this minimum wage is established at the state level and in each specific region it can be increased, but not reduced at all.

Indexing of alimony in 2016

The Family Code clearly states that indexation applies annually exclusively to alimony, which is paid in a fixed amount.

This size is calculated based on the cost of living. That is why indexation is carried out in proportion to the change in the cost of living.

According to information for the 1st quarter of 2016, the cost of living in the regions of our country is:

• for each citizen of the country - about 9670 rubles;
• for each able-bodied employee - about 10,500 rubles;
• for a pensioner - about 8000 rubles;
• for 1 minor child - 9300 rubles.

If the ex-wife is pregnant with the next child

If we talk about child support itself, then according to the Family Code, the size of child support itself does not affect the pregnancy of the spouse.

In simple words, she can only demand additional payments for her maintenance until the child is 3 years old. To demand an increase in child support for a spouse’s child, even when pregnant, has no legal basis.

Decrease and increase in the percentage of alimony

When calculating the amount of alimony, the court has every right to both reduce the monthly amount and increase depending on what is the financial situation of each party?.

In the event that the payer lost official work for some reason, the amount of alimony is calculated based on the average wage in the country (this is often used by payers as a percentage of the reduction in payments per child).

If the payer pays, and at the same time they are from different wives (say 2 from one spouse and 1 from another), then the maximum amount of alimony is no more than 16% for each child. Moreover, if the defendant in court proves his difficult financial situation, the amount of alimony can be reduced to 5% for each child.

It is also necessary to take into account that according to the Family Code, the payer must keep at least 50% after paying alimony. In simple words, then more than 50% he does not have the right to pay child support.

In simple words, you can reduce the amount of alimony:

• in the absence of official earnings;
• in a difficult financial situation;
• in the presence of any serious diseases;
• in the presence of children from the second marriage.

In turn, you can increase child support for such reasons as:

• the presence of diseases in the child;
• tuition for a fee;
• the difficult financial situation of the mother of the child with whom the child lives and for other reasons that require increased financial assistance.

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Irina Makedonskaya tells about the calculation of alimony as part of the payer's income.

To receive alimony for a common child is the legal right of any parent who brings up himself, takes care of his son (daughter).

And the duty of the second parent (most often the husband, the father of the child) is to regularly pay alimony for the maintenance of the baby until he comes of age (in some cases, longer).

What size or how much percent of child support is provided for 1 child in 2019, in the Russian Federation? What determines the amount of alimony, what is the maximum and minimum value of this penalty?

The amount of penalties depends on such factors:

1. The method of registration of alimony (an agreement between the parties or a request for recovery through the court).
2. Collection method (fixed amount, percentage, or 50 to 50).
3. The social status of the one who pays alimony (unemployed, senior citizen, disabled person, the presence of serious illnesses, etc.).
4. The marital status of the one who pays alimony (the presence of dependent other minor children, a pregnant wife, or one that is on maternity leave).
5. Marital and social status of the child and the applicant (most often the mother).

The priority method of assigning alimony in the Russian Federation in 2019 remained the voluntary agreement of the parties. But the method of coercion (through the court) of payments remained valid.

If one of the parents (usually the father) is not opposed to paying child support, then more often he and the child’s mother sign an agreement with a notary.

In this document, they together determine the amount that the father will pay for one child, as well as the timing of the payment of alimony.

By the way, unlike the payment of alimony by a court decision, in this case, payments do not have to be monthly.

The main condition is that the amount of assistance per child should not be lower than ¼ of the parent’s earnings or other income (according to Article 81 of the Family Code of the Russian Federation).

Other payment options for alimony may be added to the agreement of the parties, for example:

• re-registration of property against child support;
• child support payments instead of cash payments;
• one-time payment for the entire period of assignment of assistance to a minor child.

According to Art. 83 of the Family Code, child support may not be paid in percentage, but in a fixed amount, if:

• the alimony payer is not employed;
• he receives a salary in food or in foreign currency;
• the shared method of paying child support does not satisfy the basic needs of the child.

The amount of alimony in a fixed amount is tied to the cost of living per child in the region of his residence.   In this case, not the whole amount of the subsistence minimum is taken, but only half of it, because both parents have an equal obligation to support the child.

But there are situations when the amount of alimony in a fixed amount is not taken equally, and a large amount is collected from the alimony payer.

For example, a judge may impose a higher percentage of collecting child support if, for example, a child has a disability, he has serious illnesses, he is professionally involved in sports, etc.

The payment of alimony in a fixed amount must be indexed in accordance with Art. 117. The Family Code.

This type of payment is indexed so that the increase in consumer prices does not negatively affect the maintenance of the child.

The concept of maximum and minimum child support

There is no such thing as a minimum or maximum amount of alimony, since more often they are appointed not in a solid amount, but as a percentage of salary. Amounts can vary from several thousand to several tens of thousands of rubles.

Question: “How much percent of the salary is child support?” worries many men who are forced to provide for their abandoned minor children.

The amount of penalties from all income of the alimony payer is 25% or ¼ part of his income (according to Article 81 of the Family Code). This is the minimum percentage of child support for 1 child.

Its amount should not be lower than the minimum wage. This is done to protect the rights of a minor child, so that he is guaranteed to receive, albeit a small, but mandatory amount from the parent who left him.

In 2019, the list of income from which child support is collected is as follows:

• employee salary;
• regular allowances;
• prizes
• salary for combining professions;
• scholarship;
• pension payments;
• unemployment benefit;
• business income;
• royalties;
• cash income from rental real estate, regular sales transactions.

In general, speaking of the maximum amount of alimony by agreement of the parties, there are no restrictions.

If the father is willing to pay 70% or more of his salary or income, then he does it.   The main thing here is that the rights of the child should not be infringed.

The maximum percentage of alimony is 70% of the salary of a person who is required to pay foreclosures.

Moreover, this limit applies only to the payment of alimony in relation to minor children and only if the relevant decision is made in court.

Moreover, the amount of alimony in the amount of 70% cannot initially be awarded. Such a large percentage can run up if, for example, an alimony has a debt in the past months.

There are situations when a person paying child support wants to reduce the amount of payments.

And according to the law, he really can do it if he has grounds for it.

There are several reasons why a person can make a decision to reduce the amount of child support paid:

1. Disability of the person paying child support. Moreover, this should be a disability of either 1 or 2 groups.
2. The presence of the child support other dependents - minor children, disabled parents.
3. If the child, to whom the father (less often the mother) pays alimony, is engaged in entrepreneurial activity, officially works or has other sources of income (for example, he receives income from the sale of shares, rental apartments, etc.).
4. if the payer pays child support at the same time to two children from two different mothers. Although we have already found out what percentage of the salary goes to child support for one child, namely, 25%, but then a parent would have to pay 50% for two children, which contradicts the Family Code. This document notes that the amount for the maintenance of two children should not be more than 33%.
5. If the payer has a very high salary (income). Sometimes it happens that the parent has such a high salary that he does not satisfy the needs of the child 100 or even 200%, but several times more.

Throughout 2018, many Russians were waiting for changes in the Family Code regarding alimony.

The most anticipated but still unacceptable questions were:

• the minimum guaranteed amount of alimony per child (a fixed amount of 15 thousand rubles);
• payment of alimony after 18 years, if the child is studying in a hospital at a higher educational institution;
• housing support.

But so far in 2019, these amendments have not been approved. However, a new law still came out. The changes mostly affected the liability of debtors for non-payment of alimony. So, the President of the Russian Federation signed an appropriate resolution, according to which:

1. Debtors will be prohibited from driving a vehicle, that is, they will temporarily suspend their driver's license.
2. Temporarily restrict alimony payer travel outside the Russian Federation. That is, the parent will not be able to leave the country until he has completely paid off the debt related to payments for the child.
3. The non-payer of alimony can be brought to administrative responsibility, according to which he can be assigned correctional labor, a fine of 20 thousand rubles or arrest up to 15 days.

Such measures apply to all defaulters.

And these are those debtors who, without good reason, have not paid alimony for 2 months or more, are not on call to the bailiff to draw up a protocol on administrative violation.

After a divorce, a woman may claim to receive alimony from her ex-husband (father of their common child) for her maintenance in such cases:

• if she is pregnant with another child;
• if their common child is not yet 3 years old;
• if the child is disabled. Naturally, the mother cannot work in this case. Therefore, she has every right to file for alimony and for her maintenance (until the child reaches the age of 18);
• if their common child is a disabled person of group 1. In this case, the ex-husband is obliged to pay money on an unlimited basis;
• if the wife became incapacitated while married, or within 1 year after his dissolution.

The amount of alimony for mother and child is paid in the manner and amount established in the agreement between the parties. If agreement is not possible, then the ex-wife goes to court.

The decision on what percentage of the salary will go to the alimony of the wife and child is made on the basis of the material and marital status of the parties. Usually this amount is in the range of 5-10 thousand rubles. monthly.

But if the ex-spouse enters into a new marriage, then the maintenance obligations for her are terminated. This means that the ex-husband is no longer required to pay her alimony (this does not apply to the child).

You can change the method of collecting payments and this can be done by the ex-spouse, if she wants to.

Switching from interest payments to a fixed amount is beneficial if:

• ex-husband (father of the child), paying child support, opened his own business (became an individual entrepreneur);
• the alimony payer has income other than wages;
• he has a seasonal, unstable income.

But the solid amount of payment of penalties has its drawbacks. So, if the court does not establish the percentage of indexation, then the awarded funds in solid form after some time will depreciate due to inflation. In addition, the transition to a fixed amount of payment is a lengthy lawsuit.

Of course, ideally, when the ex-spouses determine the amount of alimony by agreement of the parties.

But if the parent who abandoned the family refuses to pay child support, then he will be required to do so in court.

So, the amount of alimony for 1 child in a percentage ratio is 25% of his salary.   In some situations, by court order, this indicator can be reduced or increased depending on circumstances such as the material and marital status of the parties, the child’s disability, etc.

Video: Child support and size