Minimum mortgage loan size. Minimum amount of child support according to the law Minimum amount of child support for 1 child

The issue related to alimony is especially relevant at the present time. Nowadays, situations are common when a family breaks up and one of the parents does not want to participate in the child’s life and tries to reduce the amount of payments as much as possible. It is logical that the second parent, who remains with his child, strives to receive the money that can provide the child with a decent life. How to solve this problem? What is the minimum amount of alimony?

Grounds for receiving payments

According to current legislation, both spouses must take part in raising the child. Children have needs, both physical and moral-intellectual, and who, if not their parents, can satisfy them. In case of separation, it is much more difficult for the one who remains with the child to do this. Expenses increase significantly, and therefore the second parent is obliged to provide financial assistance.

This fact must be recorded, and therefore you need to sign an agreement on the payment of alimony. In some cases, this action occurs under a court order. It is important to remember that those persons who lived in a civil marriage that was not officially registered can also count on alimony. For this to be possible, the father must provide information on the birth certificate.

Payment of alimony can be made on a voluntary basis. The main thing to remember is that funds must be debited from all sources of income: unemployment benefits, vacation pay, etc.

Minimum amount of alimony

Specific numbers are determined when assessing the child's maintenance and development needs. The legislation of the Russian Federation enshrines a provision according to which parents are obliged to provide their child with comfortable living conditions. In the process, the child must develop his physical, mental and creative abilities.

Usually in a family there are two parents who are equally responsible. The minimum amount of alimony is determined based on this principle. In this case, they turn to regulations. We are talking about a living wage here. This indicator has its own significance in different regions of the country.

The minimum amount of child support may be equal to these data. Since the value of this indicator changes every quarter, the size of payments is also transformed accordingly.

Innovation in legislation

At the moment, there are specific amounts of payments that one of the parents is required to make in the event of separation. According to the Family Code of the Russian Federation, the minimum amount of alimony for one child is about 1,500 rubles. Accordingly, if there are two or three children in a family, the amount of payments increases. Thus, for three people the minimum amount of alimony payment will be 3,000 rubles.

This is a theoretical part, but in practice, alimony obligations are fulfilled in the form of other payments. Typically, the payment amount is calculated by calculating the percentage of the parent's sources of income. The smallest payment is considered if a person has an income that does not exceed the minimum wage (minimum wage).

By law, the employer cannot pay wages that are lower than this indicator. Accordingly, the amount of alimony will be calculated as a percentage of this value. If the person applying for payments cannot provide evidence of third-party sources of income from the second parent, then the payment will be 1,500 rubles.

Amount of alimony

What is the minimum amount of child support? Before answering this question, it is necessary to understand the types of payments. There are only two of them: a share of the parent’s income or a fixed value. In both cases, it may turn out that the amount for maintenance does not correspond to real needs.

The law regulates the amount of payments in percentage shares as follows:

• one child - a quarter of the income;
• two children - a third of all sources of profit;
• three or more children - half of the income.

A common situation is when a person obligated to pay alimony hides his real earnings. In this case, a quarter of the income seems a ridiculous amount and will not meet the needs of the child.

The second type of payment is a fixed value. It is established on the basis of the subsistence level or minimum wage. The judge has the right to impose a mandatory monthly payment in the amount of two minimum wages.

How to increase the amount of alimony?

This question has plagued more than one generation of single women, because in most cases there is not enough money even for half a month. Confirming the income of a departed parent is a rather difficult and practically impossible task. Therefore, the main advice in this case is to identify the costs of maintaining a child.

To do this, you need to collect all kinds of food receipts within one month. If the child is still small, it will be easy to identify the costs for him. That is, the receipt will indicate the purchase of infant formula and other products for babies. In the case of raising a teenager, the amount will be divided among all family members in order to identify the amount of money that was spent exclusively on the child.

Checks for the purchase of clothing, expenses for housing and communal services, kindergarten, and school are also included in the general bill. Based on all these documents, the average cost can be determined. With this result, it is recommended to go to court to increase the amount of payments.

Prospects for increasing the amount of alimony

The minimum amount of child support is one of the most important topics of discussion. The number of bills suggesting an increase in payment is increasing. At the moment, one of them is being considered, according to which the minimum amount of alimony will be 15,000 rubles.

However, in reality this is quite difficult to achieve. After all, equating all people to one amount means that the real earnings of a particular person are not taken into account. This is, to say the least, wrong. Some will be able to make such payments, while others will not. As a result, those who are unable to pay such amounts will stop doing so altogether.

Why set a minimum payout threshold?

The minimum amount of child support allows you to determine a specific amount of money that will help the child meet his needs. Children should have a decent standard of living, and regular payments help achieve this.

In fact, the existing provisions in the law regulating the minimum amount of alimony do not allow the child to fully exist. The amounts are very small, and most often this money is not enough even for food, not to mention clothing and entertainment. The problem of providing for children falls entirely on the shoulders of parents. The one who pays child support must have a sense of responsibility in order to organize a decent life for the child.

What is the minimum amount of alimony? Most often, this depends on the existing indicators of the cost of living and the level of the minimum wage. The data on this is different in each region.

How much should an unemployed person pay?

A situation often arises when a father who has left the family is not officially employed. In this case, the minimum amount of alimony for a non-working payer will be calculated as a percentage of unemployment benefits. For example, if the debtor is on the labor exchange and receives 850 rubles a month, then the payment amount will be 208 rubles.

If the payer does not work and does not receive benefits, the amount of alimony is established in court. Typically, the basis for deducing the final amount is the minimum wage. Before naming the amount, the court evaluates the financial and family situation of the debtor and checks for the presence of hidden income, such as receiving interest on a deposit or renting out real estate. Based on this data, the payment amount is determined. The main thing is that the announced amount of money is sufficient to meet the needs of the child.

If the payer gets a job in the future, he will pay the same money. To increase the amount of payment, you must go back to court to review the case.

Collection of alimony

Parents who, after leaving the family, do not want to support their child are not uncommon in our time. In most cases, he doesn't pay at all. And then those who look after the children have to “knock out money.” 1,500 rubles is currently the minimum amount of child support. Collection methods are not distinguished by their diversity, rather, on the contrary.

Most often, those people who do not pay are those who do not have a permanent source of income, that is, in fact, they are unemployed. In such a situation, you should not give up. There is a certain mechanism that will allow you to achieve payment of alimony. True, the scheme will only operate if there is unofficial income or property that can be recovered.

Typically, such sources of profit are unstable, and therefore it is not profitable to calculate the percentage of them. It is better to set a fixed amount that the parent is obliged to pay monthly. The mechanism for collecting alimony is as follows:

1. Obtaining a court decision.
2. Help from a bailiff who will collect funds.
3. The amount of payments is determined by the court.
4. If it is difficult to calculate interest, it is proposed to draw up an agreement with a specific payment amount. A clause should be added to this document according to which the amount may change in proportion to the transformation of the cost of living.

Conclusion

We can conclude that the minimum amount of alimony in each specific situation is different. This is influenced by many factors: from the work of the payer to the number of children. In most cases, the mother remains with the child. It is very rare for Russia for a child to be raised by one father. Mothers almost never pay child support because fathers do not demand it.

The payer in 99% of cases is a man. And this is quite understandable. After all, a woman with a child, in addition to its maintenance and development, needs to live on her own. Working and raising a baby at the same time is a very difficult task. Paying alimony helps solve this problem. Fathers who do not refuse to pay maintain contact with their children, and mothers most often do not interfere with this.

Both parents should participate equally in the upbringing of their child and allocate money to provide him with a decent life.

All issues related to the maintenance of minor children are set out in the RF IC, including the minimum amount of alimony in 2018. Let's consider how alimony payments are calculated, and is it possible to achieve an increase in child support?

Minimum amount of child support in 2018

The amount of alimony is established taking into account the needs of the children, their living conditions in the past and present. Parents must provide their offspring with decent maintenance for normal physical, psychological and intellectual development. This responsibility falls equally on the shoulders of the mother and father.

Therefore, the minimum amount of alimony is calculated based on the principle of normal provision for children. For this purpose, the law provides for a number of standards. In this case, we are talking about alimony in the amount of the subsistence minimum.

The minimum amount of payments per child depends on the cost of living.

How is the minimum alimony amount calculated?

The minimum that a minor child will receive is calculated from the minimum wage. As of January 1, 2018, the minimum wage is 9,489 rubles.

If the parent officially works, then the calculation is based on the amount of his earnings. At the same time, the employer cannot pay wages to its employee below the established minimum wage.

It is possible to establish a fixed amount of alimony. But it should not be below the minimum level. In exceptional cases, the amount of alimony may be reduced. For example, a parent becomes disabled or has dependents.

The minimum amount of alimony is assigned to parents if their income is calculated from the minimum wage. For example, one that is registered with the Central Tax Service. Since the amount of state benefits is small, the amount of alimony is small.

The minimum wage is the indicator from which the minimum alimony payment is calculated.

The optimal solution for parents is to peacefully agree on the amount of payments. If they do not come to an agreement, the issue will be decided by the court. He will set the amount of alimony:

• for a working parent - according to a salary certificate, which should not be less than the minimum wage;
• for the unemployed - based on the established cost of living for the region in which the child lives.

The judge will issue an order specifying the amount of alimony payments. Please note that the value will be regularly indexed as the cost of living in the region changes.

Total amount of alimony payments

The law allows for child support to be calculated as a percentage of the parent’s income, or to set a fixed amount.

The calculation in a fractional ratio is established by Art. 83 RF IC:

Example #1

Let's assume that the father's average earnings are 25,800 rubles. The number of children from a previous marriage is two. Therefore, the amount of alimony payments will be 1/3 of his income. Children will receive 1/3 x 25800 = 8600 rubles. (4300 rubles for each child).

If the amount of alimony is established, then it is determined based on the minimum wage. The judge will set a fixed amount - for example, 1 minimum wage, 2 minimum wages, etc.

Example No. 2

The father has two children from his first marriage who live in the Rostov region. In 2018, the cost of living in this region per child was 10,264 rubles. Therefore, for two children - 20,528 rubles. The minimum wage in 2018 is 9,489 rubles.

20528 / 9489 = 2,16

The judge will order a payment of 2.16 minimum wages for two children. This will be the amount of alimony - 20,496.24 rubles.

At the same time, the amount of alimony may not correspond to the real needs of the child. For example, if an employer shows his employee the official minimum wage, and gives the difference in an envelope. It turns out that the amount of alimony will be small.

If you look at the calculation of the minimum wage, this amount is also not enough to meet all the needs of the child. The situations in each case are individual and this must be taken into account when establishing the amount of alimony.

How to increase the amount of minimum alimony?

This can only be done through the court. In this case, you will have to prove that the child requires a large amount of support. Therefore, keep your receipts:

1. For food

Keep your grocery receipts throughout the month. It is easier to confirm the nutrition of a young child, since you have to buy various mixtures and purees. If we are talking about a teenager, then the amount in the check can be divided by the number of family members.

1. On clothes

The purchase of school clothes, shoes and other similar expenses are considered expenses for a minor.

1. For education and accommodation

Expenses such as kindergarten fees, school meals, expenses for clubs and sections, and utility bills must be included in the total amount.

After the calculations have been carried out, it is possible to establish an amount close to the real one for decent maintenance of a child. If it is higher than the established amount of alimony, ask the court to increase the payment.

Confirm to the court that the child's expenses are higher than the amount of child support.

What is the minimum for?

This indicator is a guideline for determining the minimum level of child support. The established amount of alimony should be enough for the normal development of the minor and fully guarantee that he will not be in need.

The law allows that parents can determine the amount of alimony voluntarily, but its amount should not be less than the established minimum.

The current family legislation determines the procedure, order and features of collection and resulting arrears of alimony payments, including from non-working parents. Now the relevance of this issue in Russia is associated with high levels of unemployment and unofficial employment.

Let us recall that the main legal acts regulating alimony legal relations are the Family Code of the Russian Federation and the Federal Law (FL) "On enforcement proceedings". The state’s protection of the rights and interests of children, including their material support from parents, is the reason for enshrining in legislation a number of basic principles on which the entire child support system is based.

One of the basic principles of family law is the obligation to make alimony payments. regardless of the social status of the parent. This means that even unemployed (non-working) parents are required to support their child.

Amount of alimony

In accordance with Art. 83 of the Family Code of the Russian Federation, if the alimony payer does not work, has an inconsistent income or his income cannot be determined(that is, he has an income, but is not officially employed), then it will be difficult. It is more expedient for the applicant to demand that the judicial authorities establish alimony obligations. This will allow the claimant to receive a certain amount of funds regardless of the debtor's employment.

Article 83. Collection of alimony for minor children in a fixed amount, part 1:

1. In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other income, or if this parent receives earnings and (or) other income fully or partially in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed sum of money.

How much should a non-working father or mother pay, who does not live with the child or does not participate in its financial support? The calculation base is taken to be the value living wage per child, established quarterly in each individual region of the country (part 2 of article 117 of the RF IC).

1. The amount of alimony collected by a court decision in a fixed sum of money, for the purpose of indexation, is established by the court as a multiple of the subsistence level determined in accordance with the rules of paragraph 1 of this article, including the amount of alimony can be established as a fraction of the subsistence level.

The disadvantage of this method may appear if the unemployed person is employed in a job with a high level of income. Regardless of what the amount of his monthly earnings becomes, he, according to the court decision, will be obliged to pay only a certain amount. A way out of this situation may be due to a change in the financial situation of the payer.

Example of calculating a monthly fixed payment

The obligation to provide an estimate of the amount of funds necessary for the monthly maintenance of the child lies with the plaintiff. It is the claimant's side that must justify the demands placed on the defendant, based on the need to provide the child with the usual level of expenses. The calculation must indicate and document the financial costs associated with the monthly maintenance of a common child.

Such costs may include: payment for a preschool institution, clubs and other educational institutions, purchase of clothing, food and medicine, vouchers for sanatorium treatment, and others. Sales receipts, contracts, certificates and other documents containing the necessary information can be used as confirmation of expenses.

When performing the calculation, it is necessary to clarify the level living wage for children, which is established by decree of the regional government. Taking into account the obligation established by law to support the child equally by both parents, the claimant may demand that the amount of half the living wage.

For example, in Moscow for the 3rd quarter of 2018, the cost of living per child was determined in the amount of 13938 rubles(this amount is given in Decree of the Moscow Government No. 1465-PP dated December 4, 2018). For comparison, the average cost of living for children in Russia for the same period amounted to 10,302 rubles(Order of the Ministry of Labor of the Russian Federation No. 695n dated November 12, 2018).

In addition, in the application, the plaintiff may demand alimony, taking into account the need to provide the child with the usual level of maintenance. In this case, it is mandatory to indicate the amount that is reasonably spent monthly on the child. If this is, for example, 25 thousand rubles, then, accordingly, each of the parents will be obliged to allocate 12.5 thousand for its maintenance.

Collection procedure

Determining the amount of alimony is the prerogative of the court. The basis for the trial is a presentation, which is submitted at the place of residence of the applicant.

Preparation of necessary documents

Along with the claim, the following documents must be presented to the court:

• plaintiff's passport;
• child's birth or paternity certificate;
• document on marriage or divorce;
• certificate from the father’s place of residence;
• calculation of payments;
• documents justifying the costs for a minor.

The papers are sent to the court in copies, with the exception of the calculation of alimony and a certificate from the housing office. The claim and documents must be prepared in 3 copies, one of which remains in the case file, the second is handed over to the defendant, and the third is used for proof by the plaintiff.

Trial

A claim to establish content is subject to consideration in an open adversarial process, with mandatory summoning of the parties, each of which has the right to provide their own evidence, express their position and attitude to the claims.

Not only documentary evidence, but also the testimony of invited witnesses can be used as evidence of certain facts, including the receipt of unofficial income.

The logical conclusion of the trial is the issuance of a decision on the assignment of payments and the issuance of a writ of execution on its basis, subject to transfer to the bailiffs.

Minimum amount of alimony payments

In fact, the minimum amount of alimony that a working person must pay is one fourth (25%) of his salary. Experts, knowing that there is no documented minimum amount, recommend that parents resolve this issue peacefully, consciously signing documents that will record the obligatory amount for payments, with which both the father and mother of the child will agree.

The minimum amount that an unemployed person must pay is determined by the court. Its determination is carried out on the basis of an analysis of his financial and marital status. If the parent agrees to pay child support, the court will set the minimum that he will be required to pay.

Also, the father can contact the employment service (the so-called “labor exchange” - SZN, TsZN) and receive official status of unemployed, after which the state will assign payments, from which a government decree allows for the forced collection of alimony. When calculating the amount of benefits, the amount of wages from the last place of work will be taken into account, as well as the elapsed period of time after dismissal.

For example, if more than a year has passed since the dismissal, the minimum wage in the region will be taken as the basis for determining the amount of maintenance. For example, in Moscow, the minimum wage is equal to the regional subsistence minimum established for the working population, and from November 1, 2018 it is 18,781 rubles (Resolution No. 1114-PP dated September 19, 2018).

This means that alimony payments can be calculated as follows:

• (25%): 18,781 rub. / 4 = 4695.25 rubles;
• (33%): 18781 / 3 = 6260.33 rubles;
• (50%): 18781 / 2 = 9390.5 rub.

Is it possible to recover in shares based on the average salary in the state

Currently, many applicants are interested in the question: what does the level of the average salary in the Russian Federation have to do with alimony?

According to Article 113 of the RF IC, this parameter is taken into account when it is necessary for alimony obligations. The procedure is carried out on the basis of non-payment of alimony already determined by a court decision or.

Article 113. Determination of alimony debt, paragraph 4

4. The amount of arrears in alimony paid for minor children in accordance with Article 81 of this Code is determined based on the earnings and other income of the person obligated to pay alimony for the period during which alimony was not collected. In cases where the person obligated to pay alimony did not work during this period or if documents confirming his earnings and (or) other income are not presented, alimony arrears are determined based on the average salary in the Russian Federation at the time of collection of the debt. If such a determination of the debt significantly violates the interests of one of the parties, the party whose interests are violated has the right to go to court, which can determine the debt in a fixed amount of money based on the financial and family status of the parties and other noteworthy circumstances.

There are cases when funds are awarded for the maintenance of a child and after a while the parent ends up being fired. Calculation of debt incurred during the absence of official employment (for example, for one month of 2018), when the average salary in the country was 27,339.00 rubles, will look like this:

• 27339 rub. x 25% = 6834.75 rub. (debt per month for one child);
• 27339 rub. x 33% = 9021.87 rub. (debt for a month for two children);
• 27339 rub. x 50% = 13669.50 rub. (monthly debt for three children).

Payment evasion

Complete or partial failure to fulfill alimony obligations (i.e.) entails payments. While protecting the rights and interests of children, legislators defined evasion of child support as a crime.

Involvement in civil liability in the form of accrual is possible in court on the basis of a statement of claim by the claimant. In this case, the plaintiff must prove the existence of a debt, which is confirmed by a bailiff’s certificate, and also present a calculation of the penalty for each day of delay in payments.

The debtor may be brought to administrative liability on the basis of a petition from a bailiff. The court may impose compulsory labor on the debtor, a fine, deprive him or restrict his right to cross the state border.

In cases where there is direct intent in the debtor’s evasion of payments, based on the claimant’s application or the bailiff’s petition, law enforcement agencies have the right to initiate a criminal complaint, which, after all investigative actions have been carried out, will be transferred to the court to determine the punishment. The most severe punishment is imprisonment for a year.

Foreclosing on the debtor's property can be carried out when:

• there is a court decision about;
• , issued on the basis of this decision, is presented to the FSSP;
• the debtor did not comply with the court decision voluntarily;
• , which may be subject to foreclosure.

Questions from visitors and answers from our lawyers

What is the amount of alimony from an officially unemployed husband?

My husband and I have been married for a year. The child is not even a year old. We haven't been living together for 4 months. I am planning to file for divorce. He does not officially work anywhere, although he is a wealthy man. He doesn't want to help us financially. How will he pay alimony after the divorce, in what amount can the court assign?

Natalya, Moscow

Answer:

Dear Natalia!

The amount awarded by the court will depend on your claims. If you file a claim for a share of earnings, then your husband will be withheld for 1 child 1/4 of any of his income, including, for example, unemployment benefits (if the husband does not work).

If the parent does not receive unemployment benefits and does not officially work, it is advisable to file a claim demanding payment of child support in a fixed amount. This amount is initially determined in the statement of claim by you yourself, but in court you will have to somehow justify it.

The final amount can only be determined by a judge, taking into account all the circumstances of your situation (financial situation of the parties, the needs of the child, etc.).

Minimum amount of alimony and is it possible to apply for support for a mother up to 3 years old?

Good afternoon. Please tell me, I want to apply for child support for the father of the child, what amount of payments will be if the father has an LLC but the tax report shows zero income. What is the minimum payout you can get from him? Can I apply for child support until my child reaches 3 years of age?

Nadezhda, Tver

Answer:

Dear Nadezhda!

Alimony payments are collected either as a share of any income of the father (in particular, 1/4 of the income if the defendant has 1 child), including earnings, unemployment benefits, etc., or in a fixed fixed amount awarded by decision court. If you are sure that the child’s father does not have an official income, write a claim with a request to award alimony payments in a fixed monthly amount.

In this case, you will need to independently determine and justify the declared amount of alimony, based on the needs of the minor child and the financial situation of both parents. It’s good if you manage to prove in court that the child’s father, although he has no official income, is financially secure enough to pay the required amount of alimony. The final amount of the fixed amount of alimony is determined by the judge based on the above factors.

You can demand from your spouse alimony payments for your maintenance until the child’s third birthday if the defendant (father of a minor) is your legal spouse or you are divorced from him. Alimony payments for the maintenance of a cohabitant, even if she has a young child from a man, are not provided for by the Russian Family Code.

Ask a lawyer a question for free!

Briefly describe your problem in the form, lawyer FOR FREE will prepare an answer and call you back within 5 minutes! We will solve any issue!

If, after a divorce, one of the children remains with each of the parents, the amount of alimony is determined in a fixed amount for the less wealthy one.

The decision on the amount of alimony payments is made in such a way that the interests of the child are protected(in priority), and the persons providing it.

How is the amount of alimony determined?

The most common way of assigning child support is through expressing it in shares of the payer’s income with payment monthly. Income can be not only salary, but also other sources of money, if the interested party can provide information about such to the court. Article 81 IC (Family Code) of the Russian Federation establishes the following relationships:

• the payer deducts for one child 25% of earnings;
• two children will receive a total of 33% of the parent’s income(about 16.5% for each minor);
• on three or more children, the payer will give 50% of earnings;
• for an officially unemployed parent it is used fractional calculation from the minimum wage;
• an accrual may be applied to persons with irregular income in a fixed amount(Article 83 of the RF IC), a multiple of the minimum subsistence minimum (subsistence minimum) for the child’s place of residence, or in combination “share accrual + fixed amount”. If the PM changes, the bailiff carries out indexation.

Calculation as a share of income allows you to correctly correlate the size of the payment with the income of the payer, maintaining a balance between the interests of minor target recipients and a working adult who must have a means of subsistence. When the amount of earnings changes, it is easy to adjust the amount of alimony without repeated appeals to the court.

Minimum size

Lower threshold of alimony payments The law is not fixed for any of the calculation options; the amount depends entirely on the social status and income of all participants in the trial.

When calculating a fixed amount as a percentage of the subsistence level, the judicial authority may decide to assign a small coefficient - not only 1, but even 0.1 of the minimum.

For a non-working payer the minimum amount is calculated by multiplying the monthly wage for the region by the coefficient established by the court, for an employee - in shares (according to Article 81 of the IC).

If the payer receives the minimum wage and he is supposed to pay 25% for the child, the court, taking into account all the circumstances, may further reduce the amount.

The lack of a fixed starting amount creates difficulties. An unscrupulous parent can present a certificate of minimum wage, and unless otherwise can be proven, the child will receive very little maintenance. Therefore, it is advisable to submit to the court for consideration proof of solvency future payer. A draft has been submitted to the State Duma to set the minimum alimony amount of 15 thousand rubles for the current year 2015, but it is unlikely to be adopted due to the violation of the payer’s rights.

Maximum size

Largest amount not covered by regulatory documents. It is assigned based on recommendations for shares of income, however, if the payer’s earnings are very high, it can be slightly reduced in accordance with the real needs of the child.

When signing an amicable agreement, the maximum alimony is not limited in any way (Article 103 of the RF IC).

For 2015, the child's life expectancy is about 8000 rub., the court takes this amount into account if the payer’s income is extremely large. The amount may be increased if evidence is presented to the court about the need for child treatment or other special needs.

When expressing the amount as a share of earnings, if available three children or more the debtor is obliged to pay no more than 50% of income, but some increase in alimony can be achieved.

The courts are guided by the rule that after paying all alimony obligations, the payer must have at least 30% of the salary left. That is the maximum you can count on is alimony in the amount of 70% of earnings debtor (Federal Law “On Enforcement Proceedings” No. 229-FZ of October 2, 2007).

The recipient can count on a slightly larger amount if alimony arrears have arisen - then it is possible to receive a penalty of 0.5% of the total amount for each day of delay.

Basically, the amount of child support in the Russian Federation is low, because the defendants are trying in every possible way to underestimate their earnings.

Changing the amount of alimony payments

The shares of earnings specified in the law are advisory in nature. In practice, individually for each case the amount of alimony can be adjusted. The amount can be reduced/increased during the trial or some time after the start of payments. In the latter case, any of the parties can file a second claim if certain changes have occurred since the previous decision was made (clause 2 of Article 81 of the RF IC).

Can be requested reduction of payments if:

• the marital status of the parent who paid alimony changed (children were born in a new family, other dependents appeared);
• the payer cannot fully fulfill the duties assigned to him due to illness, disability of 1-2 groups, etc., alimony debt can also be restructured;
• the payer’s income is very significant and he will be able to prove that the established share amount is not needed to meet the needs of the child/children;
• the parent making the payment has experienced and can be proven to have experienced changes, material or otherwise, for the worse.

File a claim against increase in alimony it is possible if in fact it is not possible to provide at least a minimum standard of living for the child. Then the court decision establishes a share ratio different from that stipulated in the Insurance Code.

Conclusion

• The possibility of obtaining payment of child support is enshrined in the RF IC and is part of the social protection program.
• Establishment or change of the amount of alimentary obligations is carried out by filing a lawsuit or by signing an agreement with a notary.
• The amount of alimony is determined by the court based on regulations (if it was not possible to sign an agreement).
• The assigned payment amount depends on the number of children, financial and family the position of the payer and the parent remaining with the child.
• The amount can be assigned in solid equivalent- more often for persons with unstable income (linked to the PM through a coefficient) or in shares of official income payer (which must not be lower than the minimum wage - 5965 rubles in 2015) - if the monthly income is constant.
• The minimum amount of alimony is not established rules of law, its meaning "floats".
• Maximum size varies, but cannot exceed 70% of income.
• The amount of alimony can be adjusted downward or upward by filing a new claim in court by either party.
• After the court decision comes into force, the bailiff is involved in the case. If for some reason the defendant evades payment, the debt can be forcibly collected.

The standard amounts of alimony in 2015 (with a minimum salary of 5965 rubles) will be per child 1491 rub., for two - 1988 rub., for three children - 2982 rub., however, may vary depending on the circumstances.