How alimony is paid: a fixed amount and its size. What is the maximum amount of alimony

The presence of a minor child imposes certain obligations on both parents to support him until he turns 18 years old. Regardless of whether the mother and father are in a marital relationship, separate housekeeping presupposes that the one who does not live this moment with a daughter or son, must transfer funds to provide for it. The amount of alimony for one child is determined based on an oral agreement between the spouses or taking into account the rules and regulations of laws governing alimony.

Factors influencing the amount of transfers

What is the minimum amount of child support for one child? There are indicators according to which you can determine what amount should be transferred for maintenance, but the presence of certain factors may change it. Thus, the funds required for payments are determined taking into account the following factors:

1. Design method. It is expressed in an oral agreement, drawing up a written agreement or collection in court.
2. Accrual method. Alimony is paid in full in a fixed amount, as a percentage of official income or in a 50/50 ratio.
3. Social and family status of the subject acting as the payer.
4. The position of the person in relation to whom the amount of transfers will be determined and the parent with whom he currently lives.
5. The health status of the minor. If there are certain diseases, disabilities and the resulting need for additional funds that are required to purchase medications, perform operations, or undergo a rehabilitation period, the recipient may qualify for an increased level of transfers.
6. The number of entities for which money must be allocated. The minimum amount of alimony for two children will already be less in total than the amount for one minor.
7. The payer has other encumbrances. These include payments to other persons, loan debts, unpaid taxes, loans, etc.
8. The presence of official income for the person who will transfer money for maintenance.

Drawing up an agreement

If there is an agreement between the parents of a minor regarding the accrual of money as child support obligations, lawyers advise formalizing them in the form of a written agreement. Such a document will subsequently have legal force, and in case of suspension of transfers or violation of any other points, the recipient will spend less time on forced collection.

For reference. A completed and signed agreement on the transfer of money for maintenance is certified by a notary. This confirms the identity of the parties who drew up the document and the voluntariness of their intentions.

The agreement reflects the following points regarding the transfer of funds:

• Full name of the person who will act as payer and recipient, their data;
• reflection of the amount of funds that will be issued;
• transmission frequency. Unlike a court order, when a monthly payment is established, a voluntary agreement provides for other intervals between payments;
• method of calculation - in cash, by transfer from official wages. At the request of the parties, property (real estate, car) can also be transferred to the minor’s account. In this case, the payer can close a certain payment period - several months, years, etc. In addition, the recipient may not be given money, but may purchase food for the required amount, clothing, hygiene items, etc.

Important. The main requirement for the amount of alimony is that it should not be less than the minimum established by law, expressed in a fixed amount or as a percentage of wages.

Going to court to collect alimony

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Often when deciding what amount of child support should be transferred to one child, the recipient (the parent who lives with the recipient) goes to court. This method is used in the following situations:

• the alimony payer is hiding and it is not possible to locate him;
• the parent refuses to give money for maintenance;
• the father or mother does not agree with the amount of funds that the minor needs.

In such a situation, the person who is the recipient of alimony payments should go to court. To do this, a statement of claim is filed containing the following information:

• Full name of the plaintiff and defendant;
• information regarding the person submitting the application and the entity from whom payment is collected;
• grounds for going to court - the presence of family ties between the minor and the one who will transfer money for his maintenance;
• the amount of funds necessary to provide the minor with necessities;
• grounds for demanding alimony greater than determined by law;
• list of documents attached to the statement of claim;
• date and signature.

Important. A registered marriage between parents is not a sufficient basis for going to court. The birth certificate must contain information that the payer is legally the father of the minor or the mother (natural or adopted). Otherwise, it is necessary to initiate the establishment of paternity and only after that apply to recover funds.

The amount of alimony for 1 child, if it is determined as a percentage of the payer’s earnings, will be no less than ¼ of the income. To be calculated in this way, the payer must have an official income of at least the minimum established wage.

Alimony is also expressed in a fixed amount. This method is used in practice less often than percentage payments, and in this case the following conditions must be present:

1. The payer has irregular income that is constantly changing. This option is typical for those entities that are individual entrepreneurs, shareholders or founders of legal entities.
2. The transfer of money as official income in relation to the payer occurs fully or partially in the currency of another state. Due to fluctuations in exchange rates, the rights of children who are recipients and of the entity who will transfer the money may be violated.
3. One of the parents who does not live with their children has no official income. This situation does not deprive him of the obligation to support a minor who is his daughter or son and the amount is determined in fixed terms.

How is the payment amount determined?

On the territory of the Russian Federation, disputes regarding alimony payments are a fairly common practice. In this regard, citizens often turn to the question of how much minimum alimony is paid and how its amount is determined.
The minimum amount that must be transferred as a share of a citizen’s income is determined taking into account the minimum established wage as of the current time. At the moment, the minimum wage is at 11,163 rubles. In this regard, the amount of transfers will be as follows:

• for one child – 2790.75 rubles;
• for two – 3683.79 rubles;
• for three or more – 5581.5 rubles.

If the transfer of funds is carried out in a fixed amount, in such a situation the amount will depend on the financial condition of the payer. However, it cannot be set less than the subsistence level of the region in which the recipient lives. For example, in Moscow it is set at 13.3 thousand rubles, in the Krasnodar Territory - 9486 rubles.

Prosecution

Often, parents receive complaints that the child’s father or mother does not want to transfer funds or hides altogether so that there is no opportunity to sue them. You need to know that the actual absence of a person does not prevent an application for compulsory collection. After the decision is made, a writ of execution is issued. On its basis, a subject who is hiding may be put on the wanted list, followed by a ban on leaving the country and even criminal prosecution.

The obligation to support a minor is determined by law - until the person turns 18, if there are living parents, they must provide him with living conditions, which are also expressed in the allocation of funds for support. When determining the required amount of funds, parents agree on their own or resolve the issue in court, which determines the amount of alimony payments.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

02.01.2019

When deciding on financial support, the main thing is always the amount of alimony. It is important for the recipient to know the amount he can have, what minimum alimony he can receive, as well as the average alimony calculated monthly.

The amount of alimony depends on the method chosen to determine and collect it. It is important from the very beginning to choose the most profitable method for the creditor. It should be noted that there is a difference in determining the amount of alimony for 1 child, for two or more children, alimony that is due to a spouse, parents or other relative.

Child support amount

The amount of child support can be determined as a share (or percentage) of the alimony payer’s earnings, can be set in a fixed amount of money, or can be combined from a share and a fixed amount.

The amount of child support can be determined voluntarily by parents. In this case, the minimum amount of alimony is determined by law, and the maximum amount of alimony is not limited.

If it is not possible to reach an agreement peacefully, you will have to go to court for compulsory recovery. In this case, the amount of alimony is determined by the court.

Child support as a share of earnings

If you go to court to collect alimony, then the main way to determine the amount of child support will be shared. That is, in shares of the salary or other income of the alimony payer. This procedure is enshrined in Article 81 of the Family Code of the Russian Federation, the amount of alimony is:

For example, the father’s earnings are 40,000 rubles. In this case, alimony for 1 child will be 10,000 rubles. According to the formula 40000*1/4=10000 rub. For 2 children - 40,000 * 1/3 = 13,333.33 rubles. For 3 children - 40,000 * 1/2 = 20,000 rubles, for 4 or more children it will also be 20,000 rubles.

The specified share relationships are ideal. that is, they are used in the vast majority of situations. However, the law provides for the right of the court to deviate from the specified size of shares. In this case, the financial and marital status of the parties and other circumstances may be taken into account. This refers to the possible incapacity of other family members to whom the party is legally obligated to provide maintenance, the onset of disability or the presence of a disease that prevents the continuation of previous work, the arrival of a child for whose maintenance alimony is paid. to work or engage in entrepreneurial activity. In this case, the court also determines the amount of alimony in shares, but in a changed amount.

When determining the amount of child support in shares, monthly payments are taken into account.

To determine the specific amount of alimony, wages and other income of the payer are taken. Alimony is calculated on net income after taxes.

Child support in a fixed amount of money

Alimony in a fixed (or fixed) amount of money is paid when collection in shares is difficult. In this case, the decision on the amount of alimony will be tied to the child maintaining his previous standard of living and material support.

Detailed information on alimony in a fixed amount:

Amount of child support if the payer has other children

We looked at situations where children were born from the same mother and father. But, very often, it happens that the child’s father has other children from other women, and maybe not from just one. How is the amount of alimony determined in this situation?

First, let's look at alimony in shared terms. When a man has several children from different women, he retains the responsibility for their maintenance, and no one has any advantages. Therefore, if there are 2 children from different marriages, he will still pay alimony in the amount of 1/3, but divided between 2 children, that is, 1/6 share for each. If there are 3 children from different marriages, alimony will be 1/3 of 1/2 for each, that is, 1/6 share for each, for 4 children - 1/8 for each, and so on. This rule applies only when alimony is ordered by the court. That is, if there are 3 children, but alimony is collected for only one, the court will collect 1/4 of the share. To bring all children into an equal position, you need to file a lawsuit for the maintenance of each of them. Only then does the payer have the right to apply for a reduction in alimony.

If we consider the situation of collecting alimony in a fixed amount. then in this case, other children will also be taken into account, and the amount of the collected amount will be reduced by the court, taking into account the need for their maintenance, but here there is no such direct dependence, the court has the opportunity to take into account the specific life situation.

Amount of alimony for spouse

If we talk about the amount of alimony for a spouse, then first of all we mean the amount of alimony for the wife, since this is the most typical phenomenon. However, this also fully applies to alimony for the husband, which can also be established.

Ideally, the amount of alimony for spousal maintenance should be determined peacefully, by agreement and secured by agreement. In this case, the spouses approximately represent the level of income and expenses, the required level of maintenance, which allows us to hope for a fairer amount of alimony. When going to court, much will depend on how well the statement of claim is drawn up and what evidence each spouse collects for their positions.

When determining the amount of alimony by agreement, spouses can use a shared or fixed method of determining the amount of alimony, or they can agree on a lump sum payment. In this case, the amount of alimony is not limited in any way. only at the discretion of the husband and wife.

When going to court, the amount of alimony for the spouse will be established only in a fixed amount.

When determining the amount of alimony for a spouse, the court establishes:

• from what sources do husband and wife receive income, the size and stability of this income;
• circumstances that may affect the income of the spouses and the period of their receipt;
• sufficiency of the income of each spouse to meet their basic needs;
• presence of dependents (children, disabled relatives, etc.);
• receiving alimony from other family members;
• circumstances affecting the financial situation, for example, the need for expensive treatment.

The basic concept when determining the amount of alimony is the subsistence minimum. It is a multiple of the subsistence level that sets the amount of alimony in a fixed amount. The current living wage in Russia can be found here: http://base.garant.ru/3921257

Amount of child support for parents

Adult able-bodied children are responsible for supporting their disabled parents. This obligation arises when parents need such help. if the level of pension does not allow you to provide yourself with everything you need.

The amount of child support for parents is not specifically specified in the laws. It is indicated that the content provided is determined based on the financial situation of parents and children. marital status and presence of dependents. Alimony is collected in a certain amount of money, monthly.

The procedure here is as follows: the court determines how much the parents need outside financial assistance, determining a specific amount of monthly payments. Then it determines the number of children who can be entrusted with the maintenance of their parents. their financial situation. Then a specific amount of alimony for parents is established, which will be withheld from each child.

Amount of alimony for other relatives

To other relatives. Those entitled to receive alimony, in addition to children and spouses, include brothers and sisters, grandparents, actual educators, stepfathers and stepmothers. For all listed relatives, the possibility of concluding an agreement is also fixed, in which the parties have the right to indicate any amount of maintenance that suits them. If an agreement is not reached, it is possible to go to court and collect alimony in a fixed amount.

The criterion for assessing the amount of alimony for other relatives will be the financial situation of the payer and recipient of alimony, their family relationships, and other circumstances worthy of attention. If there are several persons obligated to pay alimony, the court is obliged to involve them all in the case and collect alimony by determining the amount of participation of each in the maintenance of relatives.

Typically, amounts paid to support relatives are much lower than child or spousal support.

Changing the amount of alimony

The amount of alimony established by law is not strictly defined for the entire period of its retention. It is possible to change the amount of alimony up or down. Changing the amount of alimony is possible at any time. when relevant circumstances change. The plaintiff can be any of the parties - the payer or the recipient.

Reducing the amount of alimony

A reduction in the amount of alimony can be applied when the payer’s income increases significantly. To justify the demands for a reduction in the amount of alimony, the plaintiff states that the amount of alimony exceeds the necessary needs of the child. The court, taking into account the balance of interests of the child and the parent, may reduce the amount of alimony to an acceptable value.

A common case of reducing the amount of alimony is the situation when the father has other children and alimony is collected from them.

Increasing the amount of alimony

If the parent’s income clearly or intentionally does not make it possible to provide even the minimum needs, the court, at the request of the alimony recipient, has the right to increase the amount of alimony. The amount of alimony in this case, again, must ensure a balance of interests of all parties to the alimony legal relationship. If the parent's income is unimaginably low, the court proceeds from the need to protect the interests of the child, as the more vulnerable party.

An example of a situation is when alimony was first collected for 2 children. Then 1/6 of the share is paid for each child. After the older child reaches adulthood, the mother can file for an increase in the amount of child support for the younger child to 25%.

Minimum amount of alimony

The minimum amount of alimony is not defined by law. This year, the lower limit of the amount of alimony will not be established. The ability to change the amount of alimony in a shared ratio allows you to avoid the need to legislatively establish the minimum amount of alimony.

Since alimony obligations are not made dependent on the parents’ ability to provide maintenance to their children, the use of a share relationship makes it possible to individually ensure the protection of the child’s rights to receive the necessary assistance, while at the same time not depriving the alimony payer of the necessary means of subsistence.

The legislator takes into account that the income levels of the population are now very different. Many citizens live below the poverty level. Therefore, it is more convenient to leave each specific situation to the discretion of the court. This will continue until the minimum wage exceeds the subsistence level by several times. Until then, there is no need to talk about the minimum amount of alimony.

Average alimony in Russia

In general, nowhere in laws or other regulations is there such a thing as average alimony in Russia. The amount of alimony in each case, with each calculation and withholding will be different, just as the income and number of children of all payers are different.

According to statistics, the average alimony in Russia is now about 3,000 rubles per child. This amount is significantly higher in Moscow and St. Petersburg, as well as in large cities, and is significantly reduced in rural settlements and small towns, where wages are often no higher than 15,000 rubles. In some cases, fathers receive minimal benefits and pensions, where alimony is generally very modest.

It is noted that average alimony is higher in cases where it is collected in a fixed amount (usually corresponding to the subsistence minimum, which is now no less than 10,000 rubles) and lower if it is determined as a share of earnings.

When determining the amount of alimony, it is sometimes more profitable to calculate it based on the average salary. This rule applies to payers who did not work at all during this period and did not have other sources of income.

The most accurate data on average wages should be viewed on the website of the Federal State Statistics Service: http://www.gks.ru/wps/wcm/connect/rosstat_main/rosstat/ru/statistics/wages

Questions about the amount of alimony

What will be the amount of alimony if the husband does not officially work?

This depends on the order in which alimony was collected or determined by agreement. If the amount of alimony is set at a fixed amount, the amount of alimony, even if the husband does not officially work, will correspond to this amount. If collection is impossible, the debt will accumulate.

If alimony is determined in shares, then the amount of alimony for the period when the husband did not officially work, was not registered with the employment center and did not receive other income will be determined based on the average salary in Russia.

What percentage is child support for 1 child?

For one child, when determining the amount of alimony in shares, alimony will amount to 25% of the payer’s earnings and other income. The calculation of alimony for 1 child will be as follows: salary * 25/100 = amount of alimony for one child.

There is no single maximum indicator of alimony payments in Russia. There is no specific monetary amount of alimony established in any Russian legal act. This is due to the fact that most often maximum alimony is established in proportion to the payer’s income, and not in firmly established monetary terms.

Therefore, it is customary to talk about the maximum percentage of alimony payments. It is provided for in the third part of Article 99 of the Federal Law “On Enforcement Proceedings” and leaves no more than 70 percent of the total income of the alimony payer. After alimony payments, the payer himself must have at least 30 percent of the money he earns to live on.

The Family Code of the Russian Federation adheres to other figures, and the maximum amount of alimony provided for in its article 81 is 50 percent. And that's what we're talking about. The second part of this very article states that the amount of alimony can always be increased subject to certain conditions and a number of circumstances at the request or application of either spouse. About read the reasons for increasing the amount of alimony.

Maximum alimony by agreement of the parties

In this document, which is drawn up by spouses on a voluntary basis, you can indicate an arbitrarily high amount of alimony. It should only suit both parties and not arouse suspicion among the notary certifying the agreement.

The main condition of the agreement is that the amount of alimony should not be lower than the amount that would have been obtained if alimony had been assigned in accordance with the provisions of the family legislation of Russia (Article 81 of the RF IC) or in court, that is, at least a quarter of the payer’s income for one child etc..

It is imperative that the agreement contains a clause on the conditions for indexing the alimony payment, so that the initially envisaged maximum indicator in the context of inflation does not decrease to the minimum amount of alimony.

As a general rule, a parent whose child support is deducted from his salary must have at least 30% of his income left for living expenses. That is, the maximum payment of alimony will be 70% of the income of the paying parent.

Maximum shared alimony

We have already touched upon the issue that the maximum alimony amount provided for by family law is 50 percent of the payer’s monthly income. And then this amount will be collected if the payer has three or more dependent children, or in other cases established by the court.

Maximum amount of alimony in in this case will depend on:

• number of children for whose maintenance payments must be made

  (for one child - one quarter of the payer’s income, for two - one third, for three or more - no less than half),

• the size of the monthly total income of the alimony payer

  (example: in one month he will earn 40,000 rubles and transfer 10,000 rubles to the child, and in another - only 20,000 rubles, so the child will receive only 5,000 rubles, so the maximum alimony will be in the first case).

Typically, shared alimony is assigned by court decision, therefore, at the discretion of the judge, after studying the financial and marital status of the plaintiff and defendant, their amount can be increased. They will only grow to no more than 70 percent of the payer’s income. And not necessarily for three or more children. The judge will be able to assign alimony payments in the amount of 70% of the payer’s total income, for example, for the maintenance of a disabled child who needs expensive treatment and care. With all this, the payer himself must remain at least a living wage, then the decision can be considered legal.

The whole difficulty and injustice of this method of collecting alimony is that unscrupulous payers often underestimate their income or do not inform the recipient of alimony or the court the real amount of their earnings. Therefore, it is difficult to determine the maximum amount of alimony. To establish it, you need to conduct a little research and find out all the sources and the total real income of the payer, from which you can receive decent payments.

Example:
The company received a writ of execution against the employee. It states that ¼ of the employee's income will be paid as alimony. The sheet was received in March 2013. It was necessary to pay from 03/15/13.

The employee's salary is 40 thousand rubles.
For March, he was also awarded a bonus for the year - 150 tr, as well as a bonus for 1 sq. m. – 15t.r.

First, you need to determine what amounts will be the income from which alimony will be withheld.
Alimony obligations are considered from 15.03. Consequently, alimony will be withheld from income received from March 15.
1. Salary from 15.03-31.03:
40,000 / 20 working days x 11 working days = 22,000 rubles;
2. bonus for 1 sq. 2013, from 15.03 - 31.03:
15,000 / (31 + 28 + 31) cal.days × 17 cal days = 2833.33 rubles

“Solid” alimony to the maximum

“Fixed” alimony is a fixed monetary payment. The specific maximum amount of alimony payment is not specified in any regulatory act, nor is the minimum, by the way (about the minimum amount of child support you can read). Here, the maximum is set by the judge after considering the claim and studying the financial situation of the plaintiff and defendant.

The main thing that the court will rely on is what level of income the family had before the divorce, what kind of lifestyle the child is accustomed to from a financial point of view. His interests should not suffer significantly after the divorce of his parents and the assignment of alimony payments. If the mother herself can provide the child with a decent living, then the father has a chance to get away with a monthly payment equal to approximately a quarter of his income for one child.

The maximum amount of alimony payments under a settlement agreement is not limited in any way, since this item is discussed by mutual agreement. The main thing is that the amount does not infringe on the rights of the child and the obligated party.

The financial situation of the payer, whether he has children in other marriages, his state of health and the ability to earn a decent living are the second things that the court will be interested in when assigning alimony in fixed terms. The more stable the financial situation of the alimony payer, the fewer dependents he has, the higher the chance of claiming the maximum amount of alimony from him. Provided that the child really needs them.

The Duma decides

For several years now, the State Duma of the Russian Federation has been discussing a bill that will establish the amounts of the highest and lowest alimony payments. There are various rumors and these amounts range from 15,000 rubles maximum to 10,000 rubles minimum.

For now, preference is given to shared alimony. Still, the size of the payer’s income is of paramount importance. The needs of a child whose father brought 100-150 thousand rubles to the family will in no way be satisfied by the 10-15 thousand alimony established by law. Again, how did this child deserve more than the other, whose father never held such money in his hands?

Such a bill is a salvation only for those families in which the ex-husband deliberately hides his real income by giving mere pennies to his child for maintenance.

If you still have questions about what the maximum amount of alimony is, then ask them in the comments.

The need to pay child support is not disputed by the majority of parents, who understand that financial support for a child is an integral part of the performance of parental responsibilities. At the same time, the amount of alimony is most often a controversial issue, due to which the solution to a seemingly simple issue is delayed for many years of court proceedings. Let's take a closer look at what factors influence the determination of the amount of alimony and what amount of alimony is the minimum.

Minimum amount of alimony

The complexity of the situation with the assignment of alimony is that the legislation does not provide for any minimum amount of alimony, less than which the court has no right to assign. The lack of official income of alimony payers and an obvious hole in the legislation allows unscrupulous parents to pay ridiculous amounts of alimony, sometimes amounting to only a few percent of the actual income of the payers. How can you increase the amount of alimony?

Bills containing proposals to establish the minimum amount of alimony have been repeatedly registered in the State Duma of the Russian Federation. However, none of these bills have been adopted, so the amount of alimony depends entirely on the court's decision. Another bill establishing the minimum amount of alimony at the subsistence level (which is very logical) has been under consideration by the State Duma for a year now. Time will tell whether this bill will become law.

Determining the amount of alimony: what does the court take into account?

If the parties do not agree on the amount of alimony, the decision is made by the court. The legislation has established a certain guideline for the courts, amounting to no more than 25% of the amount of earnings for one child, no more than a third for two and no more than half for three or more children. However, the law allows both increasing and decreasing the amount of payments depending on the needs of the child, the financial condition of the alimony payer and other circumstances of the case.

Judicial practice in determining the minimum amount of child support is extremely heterogeneous. Unfortunately, it is not uncommon for the court to determine alimony in the amount of up to 1000 rubles, which is absolutely not adequate to the real needs of the child. We can talk a lot about the priority of protecting the interests of children, but the statistics are inexorable: 25% of Russian mothers receive alimony in the amount of up to 500 rubles. Thus, the minimum amount of alimony in Russia is its almost complete absence.

However, the qualified work of lawyers created positive precedents when the amount of alimony was an amount that fully corresponded to the child’s needs for material support.

Video: reducing the amount of alimony

How to increase the minimum amount of child support?

Many unscrupulous parents underestimate their wages or even formally quit their jobs while the case is being considered in court. However, the calculation of the amount for collecting alimony in accordance with the relevant resolution of the Russian Government is made not only from the amount of wages, but also from the amount of a number of other incomes of a person (fees, bonuses, income from business activities, income from rental real estate, etc.). To increase the amount of alimony, the plaintiff must submit to the court documents confirming that the defendant receives additional income.

Such documents may be:

1. statements from his bank account;
2. statements on the distribution of dividends by legal entities;
3. real estate lease agreements and other similar documents.

The presence of such income, if it can be proven that it is permanent, may become the basis for increasing the amount of alimony.

Payment of alimony in a fixed amount: opportunities or risks?

Since a person’s income can change over time, many unscrupulous alimony payers, after the court has assigned a certain amount of payments as a percentage of their income, begin to hide the size of their payments. A way out of the situation may be to assign alimony in a fixed amount. If the alimony payer does not have regular income or there is a risk that he will hide his earnings in the future, the court may agree with the plaintiff’s arguments and assign alimony in a fixed amount. The amount of such amount is determined by the magistrate's court in accordance with the general rules for the assignment of alimony.

An important advantage of paying alimony in a fixed amount is

1. The stable nature of such payments.

So, if, for example, the court ordered alimony in the amount of 5 thousand rubles, then the defendant is obliged to pay exactly this amount of alimony, regardless of his level of income.

2. Possibility for their indexing.

Federal enforcement officers record the ratio of the amount assigned by the magistrate court and the subsistence level established in the corresponding subject of the federation. An increase in the cost of living leads to an automatic increase in the size of payments in a fixed amount.

The disadvantage of assigning alimony in a fixed amount can be considered the impossibility of quickly increasing the amount of payments in the event of a significant increase in the income of the alimony payer. Thus, to review the amount of alimony established in a fixed amount, a new judicial review of the case will be required.

Another difficulty in establishing alimony payments in a fixed amount is the complex judicial procedure for obtaining such alimony. Alimony, calculated as a percentage of the payers' income, can be obtained using a simplified procedure for issuing a court order. Such an order is issued without holding a court hearing or summoning the parties. If you want to receive alimony in a fixed amount, you must go through a more complex claim procedure.

As we see, in conditions where the minimum amount of alimony can be purely symbolic, it is extremely dangerous to let the matter take its course, because you can receive a purely symbolic amount of payments that does not even cover the cost of filing a claim . That is why you should contact qualified lawyers who will help you collect from the debtor not the minimum, but a fair amount of alimony that covers the real costs of caring for the child.

After a divorce, the responsibility for providing the children with everything they need sometimes falls entirely on the shoulders of the mother. It is possible to find ways to obtain child support from a father who hides his income. True, the child in this case will most likely be able to count only on the minimum amount of payments.

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Child support law

All aspects of the assignment and payment of alimony regulated by the fifth section of the Family Code of the Russian Federation. Over the past two years, no amendments or additions have been made to this section, therefore the procedure for calculating and collecting alimony has not changed.

Currently, the State Duma is considering changes to bills that, if approved, will reduce the number of children who do not receive child support in full and ensure regular receipt of payments. But until the changes are approved, unscrupulous parents continue to look for options to reduce the amount paid.

What is the minimum payment amount per child?

Let's see if there is a set minimum alimony payment now and how much is it?

In Russian legislation there is no approved minimum amount of alimony, as such. When calculating their value, the court takes into account:

• the amount of documented income of the payer;
• the average salary in the payer’s region of residence;
• the level of minimum wage in the country.

Amount of alimony, calculated as part of the payer’s salary, according to the Family Code, is:

• 1/4 of documented income;
• 1/2 - for three, four or more minor children.

If the payer is unemployed

Each specific case of alimony assignment considered by the court individually. This is due to the fact that the circumstances in people's lives can be completely different.

If the father does not work and does not provide any documents confirming this, then Child support is calculated based on the average salary in the region. In 2015, for Moscow it is 50 thousand rubles, for St. Petersburg – 30 thousand rubles. In large cities across the country, the average salary ranges from 21 to 32 thousand rubles, and the average salary throughout the country is about 30 thousand rubles.

You can receive alimony from an unemployed or unofficially employed father of a child in a fixed amount of money. This is a fixed monthly amount of alimony, not tied to the payer’s salary. Its size will be determined by the court.

The amount of alimony can be calculated based on the level of the minimum wage, if the father provides a document on registration with the employment service. Monthly payments calculated on the basis of this amount (the minimum salary in the country is 5965 rubles) are calculated as follows:

• less than 1.5 thousand rubles for one child;
• almost 2 thousand rubles for two children;
• about 3 thousand for three children.

It is clear that an unemployed person most likely has no money and nothing to pay him with. In this case, it accumulates behind it. When the debt reaches a large size, the recipient can go to court and demand payment. Such claims are usually satisfied, and payment of the debt can be made, including, at the expense of the debtor's property.

If the debtor gets a job after a couple of months, then alimony will begin to arrive in the prescribed manner. The amount owed will also be transferred to the recipient.

A special case is the situation when the alimony worker often changes jobs or has unstable income. Protecting the interests of the child, the court may also order the payment of alimony in a fixed amount of money. The amount of payment in this case is determined by the court based on:

• the amount of income of both parties;
• whether the payer has other children;
• other important circumstances.

The defendant will have to pay the amount assigned by the court regularly, regardless of employment and income in a particular month.

How to sue your ex-husband?

Read about which court to file for alimony. There is also a detailed step-by-step instruction. Also on the site there is information on such cases.

Sample statement of claim for alimony in a fixed amount: Download

Alimony from the state

A child who has not reached the age of majority can receive support payments not only from his parents. In special cases, alimony may be paid by the state. This happens if the payer’s income is below the minimum wage, and he himself falls into any of the categories:

1. cannot work due to disability;
2. reached retirement age;
3. studying full-time.

The amount of alimony received from the state is established by the court based on many factors: the number of children and their age, marital status and income of the second parent, etc.

Tax evader: what to do?

Sometimes in life there are times when documents have been collected, a court hearing has taken place, and alimony has been awarded. But mom and child receive nothing, while dad works and lives well.

If a person obligated by a court order to pay alimony hides income and does not pay the amount due, the recipient can independently find the necessary ways to influence the debtor.

Bailiffs and law enforcement agencies do not have the right to independently initiate criminal proceedings. It must be initiated by the injured party. The only necessary condition for contacting the police is the total amount of debt must be equal to or exceed the amount of payments for the six months. In this case, the debtor will be recognized as a willful defaulter.

After writing the application a criminal case will be opened with all the ensuing unpleasant consequences for the debtor. Most often, it is at the stage of opening a criminal case that debtors prefer to pay the entire amount of alimony.

Demand payment of a penalty

When the amount of debt increases to a significant size, the threat of civil liability, namely the payment of a penalty, can force the alimony provider to pay. The payment of the penalty is ordered by the court, usually it is half a percent of the debt amount for each day of delay in payment.

The debt begins to grow quickly and the amount of penalties often exceeds the amount of the debt itself.

By the way, if you have not applied for alimony for a long time, it is possible.

Monitor the work of bailiffs

The reason for untimely or incomplete receipt of alimony may be the dishonest work of bailiffs, who are entrusted with the task of collecting amounts due to the recipient. If the reason lies precisely in the work of the performer, you should file a complaint with his superiors . No measures are being taken? Then further up the career ladder: chief bailiff , and then in.

Ministry of Justice If there is no result, you can influence the performers through the court

. You need to contact the same institution that made the decision on alimony, since it is its employees who are responsible for the execution of decisions.

Both parents have the responsibility to provide their children with everything they need. Dad and mom, even if life circumstances change: loss of a job or health problems, the birth of other children or old age, must support a young child, since he cannot provide himself with everything he needs.