How much child support should I pay for 1 child? Alimony in percentage (shares)

Unfortunately, sad statistics currently prevail in Russia regarding payments for children. According to available data, child support is paid for only 13% of children by men and 2% by mothers. Most often, payments are made in favor of one child.

It is noteworthy that a certain part of the parents does not pay the full amount of funds, which raises questions about how the amount of maintenance is determined, and what amount should the father or mother pay if the minor is alone?

This article will formulate answers to these questions, and we will also try to consider other cases of payment of funds for the maintenance of a minor citizen.

The procedure for determining the amount of payments

So, let's start with the first question, how to determine the amount of child support for one child. According to the Family Code Russian Federation, the procedure for determining the amount of mandatory alimony payment directly depends on two factors:

is there any agreement between the spouses;
whether the plaintiff applied to receive mandatory child support.

Let's look at each option in more detail and find out how much child support the father must pay in both of these cases.

Voluntary agreement to pay maintenance

The amount of child support for one child can be determined within the framework of a special agreement between the parents. This act is concluded between spouses with or without divorce, and contains a voluntary agreement of the parties on:

in what order the defendant will pay alimony;
how much child support to pay for one child;
additional terms of the contract.

The only, but mandatory, condition for drawing up this document is that the amount of mandatory alimony for 1 child should not be less than the minimum amount living wage established by the state in a specific region.

The act must indicate:

in favor of whom alimony is paid: full name of the minor and his representative.
in which form will alimony payments for 1 child take place: or;
regularity and frequency of payments: monthly, once a year;
additional factors: payment for a nanny or tutor used by a minor, purchases in his favor;
about how much alimony needs to be paid and when the period ends: upon reaching the age of majority, in the case of getting a job;
validity period of this document.

The document drawn up must be in writing and.

Payments based on a court decision

During a divorce, the father must provide the child's mother with funds for his maintenance. This state of affairs is generally accepted and established by law. It may turn out the other way around when the defendant is the mother, however, we will look at the most common case and find out how the amount of alimony is determined when the mother goes to court.

So, the amount of alimony for the first child and the procedure for its payment are determined by the judge. The legal process is initiated by filing a statement of claim on the part of the mother to the court. This document should indicate the following points:

name of the judicial authority, indicating the postal address of the court site;
Full name of the applicant, sometimes full name of the defendant:
addresses of the parties for receiving correspondence;
amount of child support;
list of documents attached to the claim;
basis for assigning content.

The application must be accompanied by documents confirming that the minor lives with his mother and is dependent on her. The amount of alimony for 1 child is determined taking into account specific circumstances: the mother’s financial situation, whether she has entered into a new relationship marital relations and whether she has children from other marriages, as well as other points.

Alimony for one child is assigned in the following types:

a percentage of the father’s salary, if the debtor has a regular income and the money can be recovered at the place of his employment. The amount of child support in this situation will be 25% of the defendant’s salary;
- if the amount cannot be determined as a share of the income, due to the father’s irregular earnings, then he is assigned this procedure for paying maintenance;
natural – in the case when the debtor has a farm;
property compensation - this type of maintenance is provided in the case when the father has no income;

Most often, a combined method of paying maintenance is used. This makes it possible to provide the minor with the necessary funds for living and prevent the father from accumulating debt.

How is the minimum content size set?

Despite the fact that the percentage of payments per child is legally defined as 25% of the income received, many are interested in the question of how much alimony a father should pay. In this situation, the amount of child support is reduced to 1/6 of earnings. This decision is made if the defendant has other dependents (for example, a baby was born in a new family).

When determining what child support the defendant must pay, his position on the day of filing the application and the number of dependents he has, in addition to the child for whom the payments are awarded, must be taken into account.

If a minor needs additional financial support, the minimum payment rate may be increased. Examples include situations where a child or his mother is sick, or an ex-spouse has lost her job.

If the other parent does not want to voluntarily help the child to a greater extent, then this decision accepted by appealing to the courts. In this case, the woman must prove that she really has a difficult financial situation and needs additional help from her ex-spouse. In this case, the father’s financial situation and his current marital status are also taken into account.

From what income can payments be withheld?

An important point is also what income payments can be withheld. In addition to the official source of income, funds may be withheld:

c compensation and payments at the place of employment (, bonus, severance pay);
scholarships;
benefits paid in connection with a citizen’s disability;
business income;
remuneration received as a result of a civil transaction.

The issue of paying alimony is relevant for many single-parent families, because in Russia 13% of fathers and about 2% of mothers of minor children are alimony payers. Of course, many are interested in what percentage of alimony for 1 child is today.

Most people have heard that the norm established by law is a quarter of the payer’s income, but not in all cases the alimony obligee pays exactly this share of income. In this article we will figure out what percentage of your salary alimony actually is.

How is the amount of child support for 1 child determined?

According to the provisions of the RF IC, the specifics of the procedure for collecting alimony payments depend on the method of collection. There are two of them: a voluntary written agreement between the child’s parents or filing a claim for forced withholding of alimony to the court. Despite the fact that the result of both methods is the same - payment of funds for child support - the difference between these methods is significant.

Amount of alimony under the alimony agreement

In a situation where parents can agree among themselves on the financial support of the child, the law provides for the possibility of concluding a child support agreement and having it notarized. This agreement sets out the entire procedure by which alimony will be calculated and paid: its size, form, frequency of payments and the method in which it will be deducted.

All terms of the agreement are reached by mutual agreement. The only requirement that the legislation makes for this document is that the volume of regular cash payments should not be lower than the level established by law.

Amount of alimony by court decision

If it is impossible to reach an agreement between the child’s parents, alimony is collected through the court by the parent with whom the child lives. In this case, the date from which alimony amounts will be calculated is the date of filing the claim in court. When collecting in this way, how much interest will be alimony for one child will depend on the method of receiving income by the defendant.

When drawing up a statement of claim for recovery, you must indicate in its text:

The correct name and details of the court to which the plaintiff is filing the application.

Information about the plaintiff and defendant (full name, passport details, contact details, information about residence and places of employment).

Link to article Family Code of the Russian Federation, whose requirements have been violated to the detriment of the rights of the child.

Requirements according to which the amount collected must be withheld from salary and other income. These must include the amount of the required amount, the method of calculation and the frequency with which the claimant will receive it.

List of documents that are attached to the application to substantiate the requirements (appendices). These include: child birth certificates, marriage and divorce certificates, copies of the parties’ passports; documents confirming the income of the plaintiff and defendant and expenses for maintaining the child; a certificate of family composition from the place of residence, as well as other documents that will help convince the court to fully satisfy the plaintiff’s demands.

Attention! Despite the fact that the law establishes minimum amounts of payments, in each individual case the court sets it depending on the income and expenses of the parties and other circumstances affecting the resolution of the case.

The method of receiving income by the defendant is decisive for the method of collection and, accordingly, determining what percentage of the salary alimony will be in this case:

percentage of earnings;

firm fixed amount;

mixed amount;

other forms (property of the defendant - if he has no other income, or products natural production- if income is generated through farming).

Thus, depending on how the defendant ensures his financial well-being, it depends on what form of recovery the court will impose.

The statement of claim to initiate enforcement proceedings can be downloaded

What is the minimum amount of child support for one child?

As mentioned above, what percentage of child support is stated in the law - for one child it is 25%. However arbitrage practice knows many cases when the payment of alimony payments is reduced due to the fact that the defendant has other dependents to support. For example, if he is already a payer of alimony for other children or a child is born into a family out of wedlock with established paternity, and it also needs to be provided officially.

In such cases - when the recipients are two or three children from different marriages- the court takes into account the family and financial status of the defendant, and the reduction in the share of his payments can be adjusted to 1/6 of the payer’s income.

At the same time, the amount that must be regularly withheld for child support can not only be reduced by the court from the minimum established by law, but also increased. This is possible if the claimant presents to the court evidence of special life situation requiring increased alimony. This could be an illness of the child or his parent with whom he lives, loss of ability to work, or the need for special care for the child.

In such situations, if the other parent does not provide financial assistance voluntarily, the issue of increasing alimony can also be resolved in court. In this case, the minimum threshold in excess of the previously assigned alimony is established by the court in accordance with the justification of the claimant's requirements.

Such justifications can be checks and receipts for payment for medicines, medical services, a medical report on the state of health of a child or parent, a certificate of income and any other documents confirming that a higher amount of penalties is necessary.

If the parent has a regular income

When the payer has a regular income, this greatly simplifies the procedure for collecting alimony. Of course, it is most reasonable to collect alimony payments from his official salary. However, in accordance with the provisions of the RF IC, alimony is calculated not only from wages, but also from most other income:

compensation, bonuses, sick leave, severance pay and any other payments at work;

scholarship, pension, disability benefit;

fee;

profit from commercial activities;

commission on a transaction carried out under a civil contract;

If alimony payments are collected through the court, they are usually transferred monthly to the recipient’s account. The procedure for transferring funds is the responsibility of the accounting department of the organization that calculates the salary, scholarship, pension or other income of the payer.

If it is impossible to determine the exact amount of monthly earnings

Everything is quite simple in cases where the payer is employed, and the only question is what percentage of the salary alimony will be according to a court decision in a particular situation. But in our country there are many cases when the alimony worker simply does not have an official salary. This happens if:

the payer does not have a permanent official place of work;

the payer’s income is irregular in terms and amounts;

the payer is officially employed by an employer in another state and receives income in foreign currency;

the payer receives income from a natural product.

In all such cases, the court assigns alimony payments in the form of a fixed sum of money, not tied to the amount of his monthly income. In such a situation, what percentage of the salary will be alimony depends on the needs of the child, the financial and marital status of both parents and the cost of living in the region.

If the alimony payer has several sources of income

As mentioned above, alimony is subject to collection not only of wages, but also of other income that the payer receives. For example, if he has a regular salary income and regularly receives fees, the court may impose a penalty in the form of a quarter of the salary income and a fixed amount from each fee payment.

If the payer does not work

The absence of an official place of employment, according to the law, is not a basis for exemption from paying alimony. In such a situation, the court assigns a fixed amount of payments, determined by the average income for the country or region.

This year, a parent who does not have a permanent job is required to pay child support for minor child in the amount of at least 7,527 rubles per child. If he is listed on the employment exchange, collections are made from the unemployment benefit accrued to him.

If the alimony payer is an individual entrepreneur

Income from business activities is subject to the accrual of alimony along with other obligatory payments. However, the calculation of payments is determined by the system by which the entrepreneur pays taxes. In particular, under a simplified taxation system, a businessman’s alimony will be calculated in accordance with the average income in the country.

In the case of single taxation, alimony is calculated from the amount that remains after deducting all costs.

If the alimony payer owns property or a large sum of money

The situation when the alimony payer does not have a permanent income, but owns a large sum of money or expensive property, is considered separately. In this case, alimony can be accrued in the form of a lump sum payment of the entire amount from the moment of accrual until reaching the age of majority or in the form of registration of an apartment as the child’s property, country house, car or other valuable property.

The method of collecting alimony is optimal if the payer is going to move to another country for permanent residence.

Collection of alimony for one child

If a voluntary notarial agreement was concluded between the parents and the payer does not comply with it, it can be sent by the claimant to the bailiff service in the same way as a writ of execution is sent after a court decision is made.

In this case, alimony payments are forcibly collected from the debtor, in the same way as in the case of collection through the court - monthly, in the amount established by a court decision. After submitting the writ of execution (or the agreement violated by the payer) to the bailiffs, they open enforcement proceedings and collect established amounts from the income or property of the payer.

How to correctly calculate alimony from salary?

Official wages are subject to withholding of mandatory payments. Therefore, the collection of alimony amounts from her is made after the 13% income tax has been withheld. For example, if an alimony payer officially receives a salary of 30,000 rubles, he will receive 26,100 rubles in his hands. Accordingly, when collecting a quarter of the income for child support, the calculation will be as follows: 26,100 / 4 = 6,525 rubles - this amount will be transferred to the claimant.

The voluntary agreement on the payment of alimony specifies the terms, procedure and amount of monthly maintenance. The amount of payments is set by both parents (by agreement), but it cannot be less than that provided by law.

Alimony under the agreement should not be lower than the amount of maintenance established by the court.

Parents independently decide in what form the funds will be transferred:

In percentages. The maintenance is calculated in shares of wages and (or) other sources of income of the payer.
In a fixed size. Parents determine a fixed amount that can be paid monthly or in installments (for example, 2 times a month).

In practice, there are cases of paying alimony by providing property by the payer (in exchange for cash). Such property can be a vehicle, real estate, jewelry, etc. The main condition is to include these points in the agreement.

When concluding this document, it is important to know what is indexed annually. Regardless of whether it is specified in the terms of the voluntary agreement, the procedure will be carried out on the basis of the RF IC.

If the parents cannot reach an agreement on the amount of alimony, then the child’s legal representative has the right to apply to the court. Such cases are considered in writ (with the issuance of a court order) and claim (with the execution of a court decision) proceedings.

The writ procedure provides for a shortened time frame for consideration of the case (5 days) and is appointed in the absence of facts that do not require additional establishment.

Regardless of the type of proceedings in the case, the amount of alimony is determined by the judge. It establishes the form for their listing. In 65% of cases, payments are assigned in shares of earnings (if the alimony provider has official employment or other sources of income).

A fixed amount is assigned on the following grounds:

The person obligated to pay alimony does not have an official place of work or has temporary (irregular) income.
The parent who is responsible for paying child support is officially employed, but receives part of his earnings in kind.
For certain reasons, the funds provided by law for maintenance are not enough for the full development of the child (for example, if he has diseases).

The terms, procedure and amount of payment of alimony based on the results of the consideration of the case are indicated in the court order or court decision - these points are mandatory for the alimony provider.

For 1 child

How much child support should a father pay for one child? In accordance with Art. 81 of the RF IC, he must pay at least ¼ of wages or other income. Hence, minimum size alimony for one child – 25% of earnings.

It is important that the payer can increase the amount of child support for 1 child in 2019 if he understands that these funds are not enough to ensure a decent standard of living. To do this, he will not need to go to court again.

How is child support calculated for one child? For example, if the father’s earnings are 30,000 rubles, he has no other sources of income. By law, he is obliged to transfer 1/4 of his salary, which is from 30,000 rubles. is 7,500 rubles.

For 2 children

How much is child support for two children? In accordance with Art. 81 of the RF IC, the father must transfer at least 1/3 of the earnings he receives or other sources of income (if any).

He must transfer 33% of his salary monthly. In practice, it is enough to submit the writ of execution to the employer’s accounting department and deductions for one, two, three or more children will be transferred monthly without the participation of the parent.

The calculation is as follows: the parent receives 20,000 rubles. from the employer and 5,000 rubles. for providing a room for rent. His total monthly income is 25,000 rubles. He must give 33% to the children, i.e. 8,250 rubles.

For 3 or more children

How much child support should a parent of three or more children pay? In accordance with Art. 81 of the RF IC, the father is obliged to transfer at least ½ of the salary he receives and other sources of income (if any) monthly.

He must give more than 50% of his income to his children, if there are three, four, etc. But what should a father of five children do? Such situations are rare, but still known in practice. By law, he must transfer at least ½ of his earnings, but at the discretion of the court and at the request of the interested party, the amount of alimony for 4 children or more can be increased.

Calculated example: A parent’s earnings are 35,000 rubles, he has no other sources of income. The amount of child support for three children is ½ of the salary, which is from 35,000 rubles. is 17,500 rubles.

For 3 or more children from different marriages

What should be the amount of alimony for the maintenance of three children from different marriages? Every child has the right to receive maintenance from a father with many children, regardless of which mother they were born to - one or three different ones.

The legislator tries to protect the rights of children, so each of them is entitled to 16% of the parent’s earnings or other source of income. A serious inaccuracy arises here, because according to Art. 81 of the RF IC, the amount of alimony for one child is 25%.

Regardless of what kind of women and from whom the baby is born, the amount of child support for a child from the first and second marriage will be the same.

How to calculate child support for 3 children from different marriages? Example: a parent receives a salary (40,000 rubles), pays money to the child from his first marriage - 25% of his earnings (10,000 rubles). Later, from his second marriage, he has two more children, whose mother files an application for alimony. In this case, the court will set each of the children at 16.5% (RUB 6,600).

On the one hand, everything is correct - the children are equally provided for, the father still has ½ (20,000 rubles) of his earnings to satisfy his needs. However, the standard of living of the first child will change dramatically - the amount of money transferred will decrease significantly.

For a disabled child

What is the amount of child support for a disabled child? A disabled child has the right to receive monthly alimony in the amount of 25% of earnings and (or) other income received by his parent.

Considering the need of a minor for special care, constant medical care and the use of special equipment, the man may be charged money to cover additional expenses. They are assigned in a fixed amount equal to several times the minimum wage established in the constituent entity of the Russian Federation (at the place of residence of the disabled child).

To receive this amount, the plaintiff must provide the court with evidence of the need for additional maintenance, namely:

medical record of a disabled child;
prescriptions written by a doctor in his name;
receipts indicating the purchase of medicines and equipment;
receipts for payment for services (for example, a doctor from a private clinic), etc.

It is important that alimony providers pay alimony for a disabled child even after he reaches the age of majority.

To support the mother

Art. 81 of the RF IC establishes an exhaustive list of grounds for payment of alimony for the maintenance of the child’s mother:

The wife's disability has been established and she requires constant care or medical attention.
A woman is pregnant or raising a child under 3 years old.
The ex-wife is caring for a disabled child.

The amount of alimony is determined in each specific case court. They take into account the level of well-being of both parties, the real need for additional support for the woman, etc.

For retired parents

If child support in Russia is paid in the amount indicated by the RF IC, then specific amounts of maintenance are not provided for retired parents. In each case, the calculation procedure is different.

The court makes a decision based on the following factors:

financial situation of the payer;
his marital status;
number of payers (able-bodied children);
the income of both parties.

It is important that child support cannot be collected from a specific child - it will be paid by all children.

Payments during maternity leave

By a court decision, a man may be required to pay alimony in the event of a divorce if his wife is in maternity leave(maternity leave and). Payments are assigned in a fixed (fixed) amount.

Their size depends on a number of factors:

the amount of maternity benefit;
presence of need for medical care;
a woman’s lack of sources of income;
presence of other children.

It is important that if a woman’s situation changes over time (for example, she gets a job or gets remarried), then the spouse has the right to demand the cancellation of the decision to pay alimony to the former spouse.

Changing your payment method

The method of payment of alimony is changed by amending a voluntary agreement or by going to court. To change the form of calculation of payments - from fixed to interest or from a share to a fixed amount, you need a good reason:

loss of official place of work (or, conversely, becoming employed);
establishing an additional source of income (on the contrary, its loss);
go to new uniform wages (for example, part of earnings is paid in kind), etc.

Changing the amount of payments

The amount of alimony changes if:

other children appear;
there are grounds to increase the amount of child support;
reasons arise to reduce the size of the content.

Reasons for reduction

How to reduce the amount of alimony paid? It is necessary to confirm the low level of income of the payer. He must file a claim in court, justifying his demands for a reduction in payments.

Reasons:

the onset of disability of the payer;
the birth of other children from the alimony provider (if their mother also collects alimony);
loss of other sources of income, etc.

How are payments reduced?

Reductions in payments occur in court. The plaintiff draws up a statement of claim, in which he indicates the circumstances of the reduction in maintenance, the current amount of payments and other circumstances relevant to the case.

The court examines the submitted materials. Based on them, he makes a new decision establishing other obligations for the plaintiff or leaves the previous decision unchanged.

Documents for reducing payments

Mandatory documents for reducing alimony payments are a statement of claim. It is recommended that its drafting be entrusted to an experienced lawyer.

Other documents that may be required when considering the case:

birth certificates for each child;
a copy of the previous court decision;
certificate from the place of work about the amount of wages;
documents confirming the grounds for reducing payments (for example, a copy of the work book with a record of dismissal).

Increasing the amount of alimony

Is it possible to increase alimony? If the parent’s earnings are clearly underestimated or the funds are not enough to meet the child’s minimum needs, then his legal representative has the right to file a claim with the court asking for a change in the amount of maintenance.

Reasons for increasing payments:

a significant decrease in earnings for the recipient of alimony;
significant increase in prices for goods;
appearance additional sources income from the payer;
other circumstances (at the discretion of the court).

Changes when new children appear

The legislation does not contain the concepts of “new” or “previous” child. However, if the alimony provider has other children, he can continue to pay previously assigned alimony or apply to the court to reduce payments to 1/6 of the earnings he receives.

What income is alimony levied on?

The parent pays child support from the following income:

wage;
pension;
scholarship;
bonus;
other sources of income (for example, renting out an apartment).

Payments from which alimony is not withheld

There are property immunities - income from which alimony is not collected:

severance pay paid upon dismissal;
compensation received during a business trip or transfer to another place of work;
one-time bonuses;
financial support received for social reasons (for example, marriage).

Indexing

Child support obligations are long-term in nature - until the child reaches adulthood. If maintenance is paid in a fixed amount, then it is subject to annual indexation.

Indexation means an increase in the amount of alimony paid in proportion to the increase in prices for goods classified as a general consumer group.

If the father doesn't work

A parent's lack of employment is not grounds for exempting him from paying child support. Regardless of how many children he has - 1 or 2, or maybe 5 or 6, money will be collected from him, but in a different way:

from paid unemployment benefits;
from other sources of income he receives;
from the property owned by him.

If the father is an IP

How is alimony paid from an individual entrepreneur? They can be assigned in 2 forms - in a flat amount or as a share of the profit received. It is important that the contributions that an individual entrepreneur must pay are made only after the transfer of tax contributions to the state.

How much child support should a father pay? The minimum amount of alimony paid for minor children is established by Art. 81 RF IC. The main thing for the payer is timely payment of funds, because ensuring the well-being of the child should be the main goal of every parent.

Useful video about the amount and procedure for paying alimony

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Sad statistics show that more than 13% of men and almost 2% of mothers throughout Russia pay child support. Moreover, most often child support payments are made for one child.

Question : What percentage of child support is paid per child in 2019?

Answer : At a minimum - 25% of the income of the parent with whom he does not live.

How is the amount of child support for 1 child determined?

The Family Code of the Russian Federation establishes the procedure for collecting alimony and determining the amount of alimony payments. This depends on whether an alimony agreement was concluded or whether an application was made to the court to enforce the collection of alimony.

Amount of alimony under the alimony agreement

A parental agreement on alimony is a document that contains a voluntary agreement on the procedure and amount of alimony payments. The parties have the right to agree on all terms of the agreement at their own discretion. The only requirement is that the amounts of alimony should not be lower than the minimum amounts established by law.

The agreement must contain the following provisions:

which parent will pay child support;
in whose favor alimony payments will be made;
in what form will alimony payments be made (in a flat amount or as a share of income);
regularity of alimony payments (once a month, six months, a year or one-time);
additional conditions (purchases for the child, payment for services used by the child (nanny, tutor, sports section, School of Music) in addition to alimony payments);
conditions for terminating alimony payments (for example, remarriage the parent with whom the child lives, the child’s employment);
duration of the agreement.

The alimony agreement is concluded in writing and certified by a notary.

Amount of alimony by court decision

If the collection of alimony is carried out in court, then the procedure for calculating and the amount of alimony is determined by a court decision. The commencement of a child support lawsuit begins with a statement of claim by the interested parent.

Statement of claim must contain:

Details of the court in which the case will be heard.
Personal data of the parties indicating full name, date and place of birth, registration and residence addresses, place of work, contact numbers.
Provisions of the law on the basis of which the rights of the child are violated;
Justified requirements (amount, calculation procedure, regularity of alimony payment);
List of applications:

- certificate of marriage, divorce, birth of a minor child;
- calculation of the amount of alimony;
- documents confirming the income of the plaintiff and defendant;
- a certificate from the housing authority confirming the child’s place of residence - an extract from the house register;
- other documents that can serve as evidence.

The court sets the amount of alimony payments depending on the circumstances of the case: financial situation, entering into a new marriage, the presence of children from another marriage, and other circumstances.

Alimony payments can be ordered by the court in the form of:

shares of earnings(for one child you are supposed to pay ¼ of your earnings) - if the payer has a stable income and it is possible to collect alimony at the place of work;
fixed amount of money– if the alimony payer has irregular earnings or does not work;
natural products- if the alimony payer has a farm;
property compensation belonging to the alimony payer - if he has no other income;

It happens that the court prescribes a combined method of calculating alimony, for example, both in shares of earnings and in a fixed sum of money. Most often, if the payer has several different sources of income.

What is the minimum amount of child support for one child?

As mentioned above, the minimum amount of child support payments for one child is 25% of earnings.

On the other hand, the minimum amount of alimony per child may be increased. For example, if the recipient of child support (the parent with whom the child lives) needs additional financial assistance due to exceptional circumstances (for example, illness of the child or parent, loss of work). If the second parent does not want to voluntarily provide additional financial assistance, you will have to resort to litigation again - to prove the need for additional funds and demand their recovery. So, when determining the amount of alimony, the court takes into account the financial and marital status and the recipient of the alimony.

If the parent has a regular income

If a parent has a permanent job and an official salary, it is more reasonable to calculate alimony as a share of earnings. In addition to wages, alimony is also calculated from other sources of official income:

compensation and payments at the place of work (vacation pay, sick leave, bonuses, payments upon dismissal);
scholarship;
disability benefits;
pension;
business income;
remuneration for a civil transaction.

Alimony must be paid monthly. The deduction of alimony from wages is handled by the accounting department of the enterprise where the alimony payer works or the institution where the alimony payer receives scholarships, pensions, disability benefits, etc.

If it is impossible to determine the exact amount of monthly earnings

For example, if...

the alimony payer does not have a permanent income, the income is temporary and irregular;
the alimony payer is not officially employed;
the alimony payer receives a salary in kind, in the currency of another state.

If the alimony payer has several sources of income

(For example, salary at the place of official work and fees), then the court can establish a combined method of calculating alimony. For example, 25% of regular earnings at the main place of work and a fixed amount from each fee.

If the payer does not work

The obligation to pay alimony is not removed from him. In the absence of earnings, the amount of alimony is set as a fixed amount, calculated on the basis of average earnings in the country or region. In 2019, an unemployed parent pays 9,759 rubles per child. And if an unemployed person is registered at the labor exchange, alimony is withheld from unemployment benefits. In 2019, 2,439.75 rubles are required to be paid per child.

If the alimony payer is an individual entrepreneur

The amount of alimony payments is determined depending on the taxation system. For example, if an entrepreneur works under the “simplified” system, alimony is calculated based on the average earnings in the country. If on a single tax, the income remaining after deducting the expenses incurred is taken into account. You can find out more about this in the article “

Alimony can be collected 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 a stable official job, from which they receive strictly defined amounts, the most popular and sought-after option is a deduction as a percentage of the wages received.

What percentage of alimony from salary is calculated for one child in 2019

Moreover, the percentage of charges directly depends on how many children need to be supported. The more there are, the greater the amount of deductions will be, 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. In this case, not only wages are taken into account, but also almost all other income options (see below for more on this).

Example: Let’s assume that the alimony payer 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 thousand rubles monthly for the maintenance of the child.

For 2 children

Example: Let’s assume that a person receives 100 thousand rubles and has fallen behind on alimony payments. He has three children, so he is obliged to pay 50 thousand (50%) of the salary. However, not 50, but 70 thousand will be written off from him. Another 20 thousand will be spent monthly to pay off the debt until the debt disappears.

What income is deducted from?

Government Decree No. 841 of July 18, 1996 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.
Royalties or royalties for the use of copyright.
Pension in any form.
Scholarship.
State benefits.
Income from mining activities.
IP income.
Income from rental property.
Income of shareholders and so on.

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

From what income is alimony not withheld?

However, there is a fairly significant list of income that is not taken into account when calculating alimony:

Compensation for harm to health and life.
Compensation for the death of the breadwinner.
Payments from the budget to victims of man-made disasters or for disabled citizens.
Alimony (you cannot collect alimony from alimony).
Funds received for a business trip.
Payments for the birth of a child.

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

How is alimony paid?

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

How to get alimony

There are only two options to officially receive alimony: enter into an agreement with the payer or go to court.

By agreement

This is the simplest and most accessible option, in which the parties can independently discuss all controversial issues and develop clauses of the agreement that will suit everyone. Here you can either set a fixed amount of alimony or define various criteria in order to determine the specific amount of transfers in a given situation.

Example: In the usual case, 25% of income is withheld from the payer monthly, regardless of its amount or any other parameters. The agreement can stipulate that an amount of 25% is written off, but not less than the subsistence level, and in case of dismissal, the person will be obliged to pay money based on the average salary in the region.

Through the court

If it is not possible to reach an agreement 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 you just need to apply for a court order. That is, there will be no consideration of the case. The court will consider the application and, if it does not raise any questions, will issue a court decision on the basis of which the payer will be obliged to transfer alimony in the prescribed manner. And only if he is not satisfied with the amount of payments or any other features of this procedure, he can file a claim in court and deal with it on a general basis.

Who pays alimony from salary?

In almost all cases where alimony is transferred as a certain share of wages, the company's accounting department is responsible for transferring payments. But she does this not simply “of her own free will,” but strictly on the basis of the order of the payee, confirmed by agreement of the parties or by a court order. If the alimony payer does not intend to personally provide such data and all possible ways evades payments, then the bailiffs will take the matter into their own hands and do the same thing, but forcibly.

According to Article 109 of the RF IC, the accounting department must transfer funds no later than three days from the date of payment of wages.

Changing the amount of alimony

The amount of alimony is not something set in stone. The size of the payment can change quite regularly, and both the payer and the recipient 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, emerging serious illnesses and many other similar factors. They are considered in each individual case individually.

In addition, the amount can be regularly indexed if provided for in the agreement. The parties can agree that the amount of payments is revised upward annually based on inflation or simply certain numbers that will matter only to the former spouses.

When collecting alimony, each individual situation is considered individually. This is why unexpected problems and questions often arise. To understand all this, we suggest contacting our experienced lawyers for a free consultation. In addition to answering questions, they can also take on the preparation of documents, drawing up statements or agreements, and in addition, they are ready to represent your interests in court.