How much should I pay child support 1 child. Alimony as a percentage (shares)

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

It is noteworthy that a certain part of the parents pays an incomplete amount of funds, in connection with which questions arise, how is the size of the content determined, and what amount should the father or mother pay if there is one minor?

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 of the Russian Federation, the procedure for determining the amount of mandatory child support payments depends on two factors:

whether there is a prisoner between the spouses;
whether the plaintiff filed to receive child support without fail.

We will consider each option in more detail and find out how much father should pay in both of these cases.

Voluntary content payment agreement

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

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

The only, but prerequisite for the preparation of this document is that the amount of mandatory child support for 1 child should not be less than the minimum living wage established by the state in a particular region.

The act must indicate:

in favor of whom alimony is paid: full name of the minor and his representative.
in which form will the payment of alimony for 1 child occur: or;
regularity and frequency of payments: monthly, once a year;
additional factors: payment of the nanny or tutor used by the minor, purchases in his favor;
about how much child support should be paid and when the deadline will end: upon reaching the age of majority, in case of employment;
the duration of this document.

A compiled document must be executed in writing and.

Judicial Payment

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

So, the amount of child support for the first child and the procedure for their payment is determined by the judge. The trial is initiated by filing a statement of claim by the mother to the court. The following points should be indicated in this document:

name of the judicial authority, indicating the postal address of the judicial section;
Name of the applicant, sometimes Name of the defendant:
addresses of the parties for receiving correspondence;
child support amount;
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 financial situation of the mother, whether she has entered into a new marriage and whether she has children from other marriages, as well as other issues.

Alimony for one child is assigned in the following forms:

a percentage of the father’s salary, if the debtor has a steady income and 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 income, due to irregular earnings from the father, then he is assigned this procedure for the payment of maintenance;
in-kind - in the case when the debtor has a farm;
property compensation - this type of maintenance is provided for when the father has no income;

Most often, a combined method of paying content is used. This allows you to provide the minor with the necessary means for living and to prevent the formation of debt from his father.

How to set the minimum content size

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

In determining which alimony should be paid by the defendant, its position on the day of filing the application and the number of dependents he has must be taken into account, in addition to the child for whom the payments are awarded.

If a minor needs additional material support, the minimum rate of payments can be increased. An example is the situation when a child or his mother is ill, or the ex-spouse lost her job.

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

How income can be deducted

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

c compensations and payments at the place of employment (, premium, severance pay);
scholarships;
allowance paid in connection with the disability of a citizen;
income from entrepreneurship;
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 how many percent of child support for 1 child 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-paid person pays exactly this share of the income. In this article we will figure out what percentage of the salary is actually child support.

How is the amount of alimony per 1 child determined?

According to the provisions of the IC of the Russian Federation, the features of the procedure for collecting child support payments depend on the method of collection. There are two of them: a voluntary written agreement between the parents of the child or a petition for the forced retention of alimony to the court. Despite the fact that the result of both methods is the same - the payment of money to support a child - the difference between these methods is significant.

Support Alimony Amount

In a situation where parents can agree among themselves on the material support of the child, the law provides for the possibility to conclude an alimony agreement and notarize it. This agreement prescribes the entire procedure by which child support will be calculated and paid: their size, form, frequency of payments and the way they will be paid.

All conditions of the agreement are reached by mutual agreement. The only requirement that the legislation makes to this document: the amount of regular cash payments should not be lower than the level established by law.

Judicial support amount

If it is not possible to reach an agreement between the parents of the child, child support is collected through the court by the parent with whom the child lives. In this case, the date on which alimony amounts will be calculated is the date the lawsuit is filed. When recovering in this way, how much interest will be child support for one child will depend on the way the defendant receives income.

When drawing up a claim for recovery, it is necessary to indicate in its text:

The correct name and details of the court to which the plaintiff submits an application.

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

Link to an article of the Family Code of the Russian Federation whose requirements are violated to the detriment of the rights of the child.

Claims under which the recoverable amount must be withheld from salary and other income. Among them, the amount of the required amount, the method of calculation and the frequency with which the collector will receive it must be indicated.

The list of documents that are attached to the application in support of the requirements (appendices). These include: birth certificates of a child, marriage and divorce, copies of passports of the parties; documents confirming the income of the plaintiff and defendant and expenses for the maintenance of 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 requirements.

Attention!Despite the fact that the law sets the minimum amount of payments, in each individual case, the court determines depending on the income and expenses of the parties and on other circumstances affecting the decision of the case.

The defendant’s method of generating income is decisive for the method of collecting and, accordingly, determining what percentage of the salary child support will be in this case:

percentage of earnings;

fixed fixed amount;

mixed amount;

other forms (property of the defendant - if he does not have other incomes, or products of natural production - if income is obtained from farming).

Thus, depending on how the defendant provides his material well-being, it depends on what form of punishment the court will appoint.

The statement of claim for enforcement proceedings can be downloaded

What is the minimum amount of child support per child?

As mentioned above, the percentage of child support from a salary is prescribed in the law — 25% per child. However, the judicial practice knows many cases when the payment of alimony payments is reduced due to the fact that the defendant has other dependents for maintenance. For example, if he is already a payer of alimony for other children or a child is born in a family out of wedlock with established paternity, and it must also be provided officially.

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

At the same time, the amount that should be regularly held for the maintenance of the child can be not only reduced by the court from the minimum established by law, but also increased. This is possible if the collector presents the court with evidence of a special life situation requiring increased alimony. This may be a disease of the child or his parent with whom he lives, disability, the need for special care for the child.

In such situations, if the second parent does not provide financial assistance voluntarily, the issue of increasing child support can also be resolved in court. In this case, the minimum threshold in excess of previously assigned alimony is set by the court in accordance with the justifications of the claimant.

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

If the parent has a regular income

When the payer has a steady income, this greatly simplifies the process of collecting child support. Of course, the most reasonable way is to collect alimony payments from his official salary. However, in accordance with the provisions of the RF IC, the calculation of alimony is made not only from wages, but also from most other incomes:

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

scholarship, pension, disability allowance;

fee;

profit from commercial activities;

commission fee for a transaction conducted under a civil law contract;

If alimony payments are recovered through the court, they are usually assigned a monthly transfer to the beneficiary's account. The money transfer procedure is included in the functions of the accounting department of the organization that accrues salaries, scholarships, pensions or other income of the payer.

If it’s impossible to establish the exact amount of monthly earnings

Everything is quite simple in cases where the payer is employed, and the question is only what percentage of the salary will be paid by the court in a specific 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;

payer income is irregular in terms and amounts;

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

the payer receives income in natural product.

In all such cases, the court awards maintenance payments in the form of a fixed amount of money that is not tied to the amount of its monthly income. In such a situation, how much percent of the salary will be child support depends on the needs of the child, the material and marital status of both parents and the cost of living in the region.

If the payer of alimony has several sources of income

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

If the payer is not working

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

In the current year, a parent who does not have a permanent place of work is obliged to pay alimony for a minor child in the amount of at least 7,527 rubles per child. If he is listed on the employment exchange, foreclosures are made from the unemployment benefits accrued to him.

If the payer of alimony is an individual entrepreneur

Business income is subject to child support, along with other mandatory payments. However, the calculation of payments is determined by the system by which the entrepreneur pays taxes. In particular, with a simplified taxation system, businessman's alimony will be calculated in accordance with the average income in the country.

In the case of single taxation, child support is calculated on the amount that remains after deducting all costs.

If the child support payer owns property or a large sum of money

A situation is considered separately when the alimony payer does not have a steady income, but owns a large sum of money or expensive property. 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 the apartment, a country house, a car or other valuable property as the property of the child.

The method of collecting child support is optimal if the payer intends 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 fulfill it, it can be sent by the requester 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 the court. After the transfer of the writ of execution (or the agreement violated by the payer) to the bailiffs, they open enforcement proceedings and collect the established amounts from the income or property of the payer.

How to calculate child support?

Official salary is subject to deduction of mandatory payments. Therefore, the collection of alimony from it is carried out after withholding a 13% income tax. For example, if a child support official 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 the maintenance of the child, the calculation will be as follows: 26,100 / 4 \u003d 6,525 rubles - this amount will be transferred to the collector.

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

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

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

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

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

When concluding this document, it is important to know what is indexed annually. Regardless of whether it is prescribed in a 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 legal representative of the child has the right to apply to the court. Such cases are considered in the order (with the issuance of the court order) and the lawsuit (with the execution of the court decision) proceedings.

The order procedure provides for a reduced time 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, the amount of child support is determined by the judge. He establishes a form for listing them. In 65% of cases, payments are made in shares of earnings (in the presence of official employment or other sources of income from the alimony).

A fixed amount is assigned for the following reasons:

The person obligated to pay child support does not have an official place of work or has temporary (irregular) earnings.
A parent who is entrusted with the obligation to pay alimony has official employment, but receives part of his earnings in kind.
For certain reasons, the funds provided by the 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 the payment of alimony based on the results of the consideration of the case is indicated in a court order or court decision - these points are mandatory for the alimony.

For 1 child

How much child support should a father pay for one child? In accordance with Art. 81 SK RF, he must pay at least должен of wages or other income. Consequently, the minimum amount of alimony per child is 25% of earnings.

It is important that the payer can increase the amount of alimony 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 re-apply to the court.

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 the salary, which is from 30,000 rubles. is 7,500 rubles.

For 2 children

How much is child support paid for two children? In accordance with Art. 81 of the Insurance Code of the Russian Federation, the father must list at least 1/3 of the income received by him or other sources of income (if any).

He must transfer 33% of the salary monthly. In practice, it is enough to transfer the writ of execution to the accounting department of the employer 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 the children 33%, i.e., 8,250 rubles.

For 3 or more children

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

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

Calculated example: A parent earns 35,000 rubles; he does not have other sources of income. The amount of alimony 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 child support for the maintenance of three children from different marriages? Each baby has the right to receive maintenance from a large father, regardless of what kind of mother they were born - one or three different.

The legislator is trying to protect the rights of children, so each of them is entitled to 16% of the earnings of the parent or other source of income. Here a serious inaccuracy arises, because under Art. 81 of the RF IC, the amount of alimony per child is 25%.

Regardless of which women and from whom the baby was born, the amount of child support 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 gives birth to two more children whose mother submits an application for the payment of alimony. In this case, the court will establish each of the children 16.5% (6,600 rubles).

On the one hand, everything is true - the children are equally well provided, the father still has ½ (20,000 rubles) of 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.

On a disabled child

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

Considering the need of a minor person for special care, ongoing medical care and the use of special equipment, men may be charged with money intended to cover additional costs. They are appointed in a fixed amount equal to several times the minimum wage established in the subject of the Russian Federation (at the place of residence of a disabled child).

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

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

It is important that child support workers pay child support for a disabled child even after they reach adulthood.

For the maintenance of the mother

Art. 81 of the IC of the Russian Federation establishes an exhaustive list of grounds for the payment of alimony for the maintenance of the mother of the child:

The wife’s incapacity for work was established, she needs constant care or medical care.
A woman is pregnant or raising a joint child up to 3 years.
Former spouse cares for a child with a disabled group.

The amount of alimony is determined in each case by the court. It takes into account the level of well-being of both parties, the real need for additional support for women, etc.

For retired parents

If alimony for children in Russia is paid in the amount designated by the RF IC, then specific amounts of maintenance for parents-pensioners are not provided. In each case, the calculation procedure is different.

The court decides on the basis of the following factors:

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

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

Payments during maternity leave

By a court decision, a man may be required to pay child support for a divorce if the wife is on maternity leave (maternity leave and). Payments are assigned in a fixed (fixed) amount.

Their size depends on a number of factors:

the size of the “maternity” allowance;
the need for medical care;
the woman’s lack of sources of income;
the presence of other children.

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

Change payment method

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

loss of an official place of work (or, conversely, became working);
the establishment of an additional source of income (on the contrary, its loss);
the transition to a new form of remuneration (for example, part of earnings is paid in kind), etc.

Change in payout

The amount of alimony changes if:

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

Reasons to reduce

How to reduce the amount of child support paid? It is necessary to confirm the low income of the payer. He must file a lawsuit with the court, substantiating his claim to reduce payments.

Reasons:

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

How do payouts decrease?

Reduced payments occur in court. The plaintiff draws up a statement of claim, which indicates the circumstances of the decrease in content, 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 duties for the plaintiff or leaves the previous decision unchanged.

Documents to reduce payments

Mandatory documents to reduce child support payments is a statement of claim. Its compilation is recommended to entrust to an experienced lawyer.

Other documents that may be required when considering the case:

birth certificates for each child;
copy of a previous court decision;
a certificate from the place of work on the amount of wages;
documents confirming the reasons for the reduction in payments (for example, a copy of the work book with a note of dismissal).

Increasing child support

Is it possible to increase child support? If the parent's earnings are clearly underestimated or the funds are not enough to meet the minimum needs of the child, then his legal representative has the right to send a statement of claim to the court with a request to change the amount of maintenance.

Grounds for increasing payments:

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

Changes with the advent of new children

The legislation lacks the concept of a “new” or “previous” child. However, if the alimony has other children, he can continue to pay the previously assigned alimony or apply to the court with a request to reduce payments to 1/6 of his earnings.

What income is child support paid for?

The parent pays alimony from the following incomes:

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

Payments from which child support is not withheld

Allocate property immunities - income from which child support 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 on social grounds (for example, marriage).

Indexing

Child support obligations are long-term until the child reaches the age of majority. If the content is paid in a fixed amount, then it is subject to annual indexation.

By indexation is meant an increase in the amount of alimony paid in proportion to the increase in prices of goods assigned to the general consumer group.

If father is not working

The absence of a parent's place of work is not grounds for exemption from child support payments. Regardless of how many children he has - 1 or 2, or maybe 5 or 6, he will be charged money from him, but in a different way:

from paid unemployment benefits;
from other sources of income received by him;
from property owned by him on the right of ownership.

If the father of SP

How is alimony paid from an individual entrepreneur? They can be appointed in 2 forms - in a solid amount or in shares of the profit. It is important that the deductions that IP must pay are made only after the transfer of tax deductions in favor of the state.

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

Useful video about the size and procedure for paying child support

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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 do you pay in 2019?

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

How is the amount of alimony per 1 child determined?

The Family Code of the Russian Federation establishes the procedure for collecting child support and determining the amount of maintenance payments. It depends on whether an alimony agreement was concluded or whether there was an appeal to the court for the enforcement of alimony.

Support Alimony Amount

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

The agreement should contain the following provisions:

which of the parents will be the payer of alimony;
in favor of whom alimony payments will be made;
in what form will child support payments be made (in a fixed amount or as a share of income);
regularity of maintenance payments (once a month, six months, a year or one-time);
additional conditions (purchases for the child, payment for the services the child uses (nanny, tutor, sports section, music school) in addition to maintenance payments);
conditions for the termination of maintenance payments (for example, remarriage of the parent with whom the child lives, employment of the child);
term of agreement.

An alimony agreement is concluded in writing and is notarized.

Judicial support amount

If the collection of alimony is carried out in court, then the procedure for accruing and the amount of alimony is determined by a court decision. The beginning of the trial for the recovery of alimony begins with the statement of claim of the interested parent.

Statement of claim must contain:

Details of the court in which the case will be considered.
Personal data of the parties indicating the full name, date and place of birth, registration and residence addresses, place of work, contact numbers.
The provisions of the law on the basis of which the rights of the child are violated;
Justified requirements (amount, accrual procedure, regularity of child support payments);
Application List:

- 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 book;
- other documents that may serve as evidence.

The court determines the amount of alimony payments, depending on the circumstances of the case: financial situation, marriage, the presence of children from another marriage, other circumstances.

Alimony payments may be assigned by the court in the form of:

share of earnings (per child is supposed to pay ¼ of earnings) - if the payer has a stable income and it is possible to collect child support at the place of work;
cash amount- if the payer of alimony has irregular earnings or does not work;
natural products - if the payer of alimony has a farm;
property compensationowned by the payer of alimony - if he has no other income;

It happens that the court appoints a combined method of accruing alimony, for example, both in shares of earnings and in hard cash. Most often, if the payer has several different sources of income.

What is the minimum amount of child support per child?

As mentioned above, the minimum amount of alimony payments per child is 25% of earnings.

On the other hand, the minimum amount of alimony per child can be increased. For example, if the recipient of the alimony (the parent with whom the child lives) needs additional financial assistance in connection with 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 again have to resort to a lawsuit - to prove the need for additional funds and demand their recovery. So, when determining the amount of alimony, the court takes into account the material and marital status of the recipient of alimony.

If the parent has a regular income

If the parent has a permanent job and official salary, it is more reasonable to accrue child support in the form of a share of earnings. In addition to wages, child support is calculated from other sources of official income:

compensation and payments at the place of work (vacation, sick leave, bonuses, payments upon dismissal);
scholarship;
disability allowance;
pension;
business income;
civil transaction fee.

Alimony should be paid monthly. The deduction of alimony from wages is carried out by the accounting department of the enterprise where the alimony payer or institutions work, where the alimony payer is awarded scholarships, a pension, disability allowance, etc.

If it’s impossible to establish the exact amount of monthly earnings

For example, if ...

the alimony payer does not have regular earnings, incomes are temporary, irregular;
the alimony payer is not officially employed;
the alimony payer receives a salary in kind, in the currency of another state.

If the payer of alimony 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 accruing child support. For example, 25% of regular earnings at the main place of work and a fixed amount from each fee.

If the payer is not working

The obligation to pay child support is not removed from him. In the absence of earnings, the amount of alimony is set in the form of a fixed amount calculated on the basis of the average earnings in the country or region. In 2019, an unemployed parent pays 9,759 rubles per child. And if the unemployed is registered at the labor exchange, child support is withheld from unemployment benefits. In 2019, 2439.75 rubles are to be paid per child.

If the payer of alimony is an individual entrepreneur

The amount of maintenance payments is determined depending on the tax system. For example, if an entrepreneur works on a “simplified plan,” child support is calculated based on the average earnings in the country. If the single tax - the calculation takes into account the income remaining after deducting the costs incurred. You can learn more about this in the article “

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 sought-after option is deduction as a percentage of the received wage.

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 work 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, it can be stated 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.