Child support: what percentage of salary

It's not just ex-husbands who have to pay child support.

Mikhail Morgolin

former bailiff

They can also be paid by the ex-wife. But according to statistics, 83% of alimony debtors are men.

I am a former bailiff and was involved in collecting child support. In this article I will tell you what alimony is, how it is established and how to behave so as not to have debts to your ex-spouse and child.

This article will focus specifically on child support for minor children. This is the most common type of alimony obligation.

Alimony is paid either voluntarily, when the parties have discussed everything and everyone is happy with everything, or forcibly on the basis of a writ of execution.

There is a notarized alimony agreement - this is an agreement between parents on the amount and procedure for paying alimony, certified by a notary. If something goes wrong, the agreement will help enforce alimony.

Moreover, even if one of the parents is deprived of parental rights, he remains obligated to pay child support. Deprivation of parental rights does not relieve parents from the obligation to support their child.

According to the law, child support can be calculated either by the parents themselves or by the court.

Parents themselves decide how they will support their minor child. Most often this is alimony in cash. Less often, buying groceries or clothes for the child. But this needs to be agreed upon and everything recorded.

There is no minimum amount of alimony in the law. But there is such a thing as the cost of living for children. In each region of Russia the amount is different. This does not mean that child support cannot be more or less, but the cost of living can be a guideline for how much money is needed for children.

Typically, child support is paid monthly. But parents can agree among themselves on a different procedure. If the case goes to court, payments for the child will become monthly - the parents’ agreement will no longer work. That is, you will need to pay child support every month.

For example, if alimony has been collected since January 2019, and in February 2019 the alimony payer transfers 100 thousand rubles six months in advance, in March the claimant has the right to again demand a monthly alimony payment from him. And those 100 thousand will not be counted towards alimony.

Humanly speaking, this is unfair, but legal. Therefore, you should not get ahead of yourself with alimony payments, especially if the obligation to pay them is established by a court decision. It is better to pay child support monthly. Or enter into an agreement for each payment for several months - only in this case the payments can be offset.

By court decision, child support can be recovered:

1. as a share of salary or other income;
2. in a fixed amount of money;
3. simultaneously in a share and in a fixed amount of money.

Let's figure out how this happens.

Share of earnings. Typically, alimony is calculated as a share of net income for the month - without personal income tax. For example, for each month of 2015 the income was 35,000 rubles. If you multiply income by 0.87, you get net earnings minus income taxes:

35,000 R × 0.87 = 30,450 R

From this amount you already need to allocate the required share - ¼, ⅓ or ½ of the income. This is the amount to pay alimony per month.

The size of the share depends on the number of children: ¼ - one child, ⅓ - two children, ½ - if there are more than two children. The amount of income is indicated in the 2-NDFL certificate, which can be obtained from the accounting department at work.

There are also certificates in your personal account on the website nalog.ru, but only for the previous year.

Let us remind you what the 2-NDFL certificate looks like

The accounting department can calculate and deduct alimony from the official salary. They know how to deduct tax, how much can be withheld when paying an advance, and when to remit the money. It is enough to take the writ of execution or agreement to the accounting department. It is not necessary to delve into the nuances of calculations every month - everything will be reflected on the payslip.

Fixed amount. The fixed sum of money, which is specified in the executive document, is related to the cost of living for children of the region in which the recipient of alimony lives - the subsistence minimum. You can find it on the State Statistics Committee website.

VPM is appointed when the alimony payer has unstable earnings, earnings in foreign currency or in kind. A fixed monetary amount is also established if the alimony payer has no income at all or cannot confirm it.

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Cash. In this case, the recipient of alimony must write a receipt stating that he received such and such an amount from such and such for such and such a month. For example, like this:

“I, Maria Ivanovna Ivanova, received alimony in the amount of 7,500 rubles from Ivan Ivanovich Ivanov for the minor child of Valdemar Ivanovich Ivanov for January 2019. Date: 01/01/2019. Signature".

It is the receipt that will confirm payment of alimony when paying in cash.

Bank transfer or online banking. Alimony can be transferred to a bank card or account.

In this case, I recommend indicating in the transfer comment or in the basis of the payment the payment period and what kind of money it is. The sender of the payment must be the alimony payer, and not his friend or relative.

Otherwise, in the event of a dispute, you will not be able to prove the absence of debt. All checks must be saved in your personal online banking account.

Postal transfer. This method is usually used by parents who are in bad relationships. For example, the recipient of alimony specifically does not provide bank details or the payer of alimony sends money by mail so that the recipient stands in line at the post office.

The post office also takes a commission, which may be higher than when transferring from card to card.

At work. Typically, the employer transfers alimony from the salary on the basis of a writ of execution or a resolution of a bailiff. But some organizations make concessions to employees and transfer alimony at the request of the alimony payer, although they are not obliged to do this.

Alimony, like salary, is usually transferred for the previous month. For example, in September funds are transferred for August.

If alimony is transferred by the employer, payment orders are stored in the accounting department. They confirm the transfer of funds, including alimony. Therefore, in the event of a dispute, you can request payment orders from the employer to prove the absence of alimony arrears.

Let's say a dad hasn't paid child support since he was 14 years old. Mom already has a new family and everything is fine.

Several years pass, something changes, and my mother suddenly realized: “Where is the alimony?” If at this moment the child is not yet 21 years old, the mother can submit a writ of execution and try to receive alimony for those years when alimony was not paid. But if the child is already 21, then all unpaid alimony is considered to be burned if the bailiffs did not receive the writ of execution on time.

If the case of collecting alimony has been transferred to the bailiffs, you should definitely come to an appointment with the bailiff to get to know him and find out about him and your further actions.

The employer will independently withhold alimony from the salary and transfer it to the details of the claimant. You don’t need to pay anything from the money you receive into your salary account—the employer will transfer the rest of your salary to it.

If enforcement proceedings are initiated, the task of the bailiff is to control the completeness of the transferred alimony.

Any type of payments can be transferred to the bailiffs deposit (deposit account of the FSSP unit): only current, only debt, or all together. Someone transfers current alimony directly to the collector, and only the debt is transferred to the bailiffs’ deposit.

I recommend that you clarify such points directly with the bailiff who will conduct your enforcement proceedings.

If you are not officially employed. If you are not officially working, but are ready to pay alimony, I advise you to immediately transfer it to the details of the claimant directly, and not to the details of the bailiffs. In this case, the alimony will be credited to the claimant’s account within 1-2 days. This can be done without commission on the Tinkoff Bank website.

Imagine the situation. Six months ago, Ivanov I.I. quit his job, where he was paying alimony. But I couldn’t officially get a job at the new company. They took it without registration. First of all, the bailiff will inquire about the amount of official income for the last six months - from the time when the debtor cannot confirm the official salary.

That is, a debtor who has not officially worked for the last six months and has not paid child support in the amount of ¼ of his income, on the first day of the current month has a debt of 63,348 RUR. Even if the child support debt is for six months, the debt will be calculated based on the average salary in Russia at the time of the ruling.

Therefore, if after dismissal you do not expect official employment and a salary comparable to the average salary in the Russian Federation, contact the employment service. You will be registered and benefits will begin to be paid. Child support will be withheld from him, and the debt will not grow.

Checking the average salary on the Goskomstat website. Data for the next month usually appears every 35-40 days

To get rid of arrears of alimony or change the monthly amount of payments, you need to contact the court that determined the collection of alimony. Court hearings usually do not take place in one day, and alimony must be paid.

I also strongly recommend that if a child is born in a new marriage, you go to court to reduce alimony in favor of the first child.

In my practice, there was a case when the debtor, after the birth of his second child, did not go to court to reduce the alimony for the first child from ¼ of the income to ⅙.

As a result, a debt arose, since the debtor independently established the amount of alimony in favor of the first child in the amount of ⅙ share of income.

If you do not pay alimony and do not repay the debt, bailiffs can block bank accounts, impose a ban on registration actions, restrict travel outside the Russian Federation, and limit the use of a special right, such as a driver’s license.

Restrictions on the use of special rights. Bailiffs cannot deprive a driver's license, but they can restrict the debtor's right to drive. I’ll explain using the example of a driver’s license for a car.

Driver's license data is entered into a special traffic police database. No one takes away the plastic ID. If the debtor was stopped by a traffic police officer, and a decision was made against the debtor to restrict the use of a special right, there will be a court where they can assign compulsory work for up to 50 hours or deprive the rights for up to one year.

The bailiff shall notify about the restriction in the use of the special right. If it is unknown where the debtor is, the bailiff may put the debtor on the wanted list and restrict the use of a driver’s license without notifying the debtor.

If, after administrative liability, alimony is not paid again, the threat of criminal liability looms. According to the criminal code, the debtor can be imprisoned for up to one year.

The court may reduce the amount of the penalty taking into account the financial or family situation. You can use an online calculator to calculate the penalty.

1. Child support must be paid even if you are deprived of parental rights.
2. It is best to transfer alimony according to the details of the claimant, and not to the deposit of the bailiff department.
3. Alimony ordered by the court is not paid in advance. You cannot transfer a million rubles once and then not pay anything.
4. It is better to transfer alimony monthly in the established amount. If the child lives with the debtor for several months, it is better to agree with the recipient of the alimony on a receipt indicating that there are no claims for alimony.
5. If you don’t have a job, you should contact the employment service to avoid debt.
6. At the birth of a second child, go to court to reduce the amount of alimony in favor of the first child.

Source: https://journal.tinkoff.ru/alimony/

What is the percentage of child support for 1 child from salary?

Home » Alimony » What percentage of alimony for 1 child

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Alimony can be collected in different amounts, depending on the agreements reached between the spouses, the court order and/or the financial condition of the potential payer.

However, given the fact that most people in Russia have a stable official job, from which they receive strictly defined amounts, the most popular and sought-after option is a deduction as a percentage of the wages received.

What percentage of alimony from salary is calculated for one child in 2020

Moreover, the percentage of charges directly depends on how many children need to be supported. The more there are, the greater the amount of deductions will be, but up to a certain limit.

For 1 child

According to paragraph 1 of Article 81 of the RF IC, 25% of the payer’s income is paid per child. In this case, not only wages are taken into account, but also almost all other income options (see below for more on this).

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

For two children, you are supposed to pay a third of the funds received, which comes out to about 33% of your income. Please note that you only need to pay until the child reaches adulthood.

Read also: Benefits for children who lose a breadwinner: in Moscow and other cities

An exception is made only for those children who, for health reasons or for some other reason, are recognized as disabled.

Example : Suppose the alimony payer receives 30 thousand rubles net.

By court order or by agreement of the parties, as the parents agree, he will be obliged to transfer 10 thousand rubles monthly for the maintenance of the children. That comes out to 5 thousand each.

However, in this case, increased wages played a huge role. If the payer received the same 20 thousand, then each child would receive only 3,300 rubles (total payment 6,600 rubles).

For three children you need to pay 50% of the salary. And this amount does not increase as the number of children increases. This is also determined by Article 81 of the RF IC. Bailiffs have no right to collect any more. That is why, if the payer has 4 or more children, a more profitable option, from the point of view of recipients of money, is a system with fixed payments or any other of the proposed systems.

Example : Suppose the alimony payer receives the same 20 thousand rubles net. By court order or by agreement of the parties, he will be obliged to transfer 10 thousand rubles monthly for the maintenance of the children. That works out to approximately 3333 for each, if there are three of them. If there are four, then it’s 2500 rubles each and so on.

The law does not establish any separate rules for payers of alimony for children from different marriages. In this case, this does not play any role and does not in any way affect the fact of the transfer.

The only difference is that in the case of children from the same marriage, the entire amount will need to be paid using the same details.

And if there are several children, then the payment is divided equally into several different ones, and they are sent to different details.

Example : A man has two children from different marriages. He is obliged to pay an equal amount to everyone. The father receives 30 thousand rubles. A third of this amount is 10 thousand rubles. Each child will receive 5 thousand rubles.

According to Article 99 of Law No. 229-FZ, the percentage of deductions can increase to 70% of wages, but only if the payer has a child support debt. In such a situation, he will be obliged to pay the required percentage of deductions, and everything above it will go to pay off the debt.

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

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

• Salary with any bonuses and allowances.
• Royalties or royalties for the use of copyright.
• Pension in any form.
• Scholarship.
• State benefits.
• Income from mining activities.
• IP income.
• Income from rental property.
• Income of shareholders and so on.

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

From what income is alimony not withheld?

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

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

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

How is alimony paid?

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

How to get alimony

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

By agreement

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

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

If it is not possible to reach an agreement or even just find a potential payer, which happens quite often among irresponsible parents, the only alternative is to go to court. Unlike most other options, in this case you just need to apply for a court order.

That is, there will be no consideration of the case. The court will consider the application and, if it does not raise any questions, will issue a court decision on the basis of which the payer will be obliged to transfer alimony in the prescribed manner.

And only if he is not satisfied with the amount of payments or any other features of this procedure, he can file a claim in court and deal with it on a general basis.

Who pays alimony from salary?

In almost all cases where alimony is transferred as a certain share of wages, the company's accounting department is responsible for transferring payments.

But she does this not simply “of her own free will,” but strictly on the basis of the order of the payee, confirmed by agreement of the parties or by a court order.

If the alimony payer is not going to personally provide such data and avoids payments in every possible way, then the bailiffs will take the matter into their own hands and do the same thing, but forcibly.

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

The amount of alimony is not something set in stone. The size of the payment can change quite regularly, and both the payer and the recipient can initiate the process of reviewing payments.

This may be necessary due to a sharp change in the financial condition of the payer or recipient of funds, due to rising food prices, emerging serious illnesses and many other similar factors.

They are considered in each individual case individually.

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

Example : If the payer is a sailor and he receives a salary in foreign currency, then it would be logical to revise the amount of the payment depending on the current ruble exchange rate.

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

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

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Source: https://ros-nasledstvo.ru/skolko-protsentov-alimenty-na-1-rebenka/

Amount of child support for one child in 2020

Obligations for the financial support of common children are established by the RF IC for both parents. The amount of alimony for 1 child is determined by voluntary agreement or by the court. It is influenced by the payer’s income level, but in some cases other criteria are used to determine the amount of payments.

Form for collecting alimony for 1 child

• Contents (click to open)
• At the moment, there are 2 forms of collecting alimony - a voluntary agreement or in court.
• They are of key importance in determining the amount of payments.

• Alimony agreement. It is concluded voluntarily by the parties and certified by a notary. The presence or absence of an official divorce does not matter. Spouses independently determine the terms of payment. Without notarization, the document is invalid. In legal force it is equal to a writ of execution.
• Judgment. Issued by a judge based on the results of consideration of a claim for alimony. Payments may be made in shares or in a fixed amount. When considering the case, all circumstances are taken into account: whether the payer has official income, whether he receives additional income or benefits.
• Court order. An application for an order is sent by a woman, the document is issued within 5 days after the application. Equal in importance to a writ of execution. The alimony payer has 10 days to challenge it if he discovers shortcomings in it.

In the last two cases, when assigning the amount of alimony, the following factors may be taken into account:

• Financial situation of both parties. This is relevant when it comes to collecting alimony from a disabled father or for the maintenance of a child together with his mother.
• The level of wages of the alimony obligee. It is from him that payments are assigned in proportion.
• The presence of other children with the payer. If they exist, the amount of alimony may be reduced.

Important! If the child is disabled, the mother can request alimony for herself and receive it until the ward reaches adulthood. Once he turns 18 and is assigned a group, perpetual payments can be made for both.

More information about child support for a disabled child is written in a separate article.

When determining the amount of alimony, the following provisions of the RF IC are of key importance:

Article
Explanations
Art. 81 Approves the amount of payments in the absence of an alimony agreement in shares of wages Art. 82 Determines the types of earnings from which alimony can be withheld, in addition to salary Art. 84 The child is taken into custody by other people - the biological parent is obliged to pay child support Art. 85 An adult child is declared incapable of work - alimony must be paid indefinitely. In the absence of an agreement, the amount is determined by the court Art. 86 The child needs additional expenses for treatment or rehabilitation after an illness; in addition to alimony, the father is obliged to partially compensate for them. The amount of compensation is established by a peace agreement or court Read also: How to collect child support from an unemployed father in 2020?

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Alimony for 1 child according to the form of collection

In addition to the method of deduction, the amount of alimony collected is also affected by the form. It comes in three types and is established by the court, depending on the situation:

• in a fixed amount of money;
• as a percentage of income;
• in mixed form.

Amount of alimony in a fixed amount

Alimony in a fixed amount of money is prescribed by the court in the following cases:

• the person obliged to pay alimony does not have a regular income or is not officially employed;
• it is impossible to determine the payer’s income level;
• the father receives a salary in foreign currency;
• The payer’s labor is partially paid in kind.

If the father does not officially work, the average salary in the Russian Federation will be used for calculations.

When determining the amount of alimony, the court is guided by the cost of living for a child in the region. When not established, national minimums are used.

If payments are prescribed by an alimony agreement, the former spouses have the right to independently establish their fixed amount. The presence of an official job and the financial situation of the payer do not matter - everything is decided by voluntary agreement.

Amount of alimony as a percentage of income

If the father has an official income or receives benefits from the state, there are no difficulties in determining the amount of payments. For one child, he will have to transfer 25% of his income monthly.

To calculate, you need to find out the level of earnings of the alimony obligee. All income that can be officially confirmed is summed up:

• salary;
• from renting out housing (when there are declarations);
• from doing business.

Amount of alimony in mixed form

According to Art. 83 of the RF IC, when the payer’s earnings are constantly changing, but he has another stable income, the court has the right to prescribe a mixed method of paying alimony - both in shares and in a fixed sum of money.

For example, if an individual entrepreneur has unstable income and rents out an apartment for a long time, shares will be withheld from rental income, and in a fixed amount - from business activities.

Calculation of child support for one child (examples)

A typical example of assigning payments as a share of earnings looks like this:

A citizen consistently earns 30,000 rubles. per month, one child. For the calculation, do the following:

30,000 x 25% = 7,500 rub. for payment.

If he has a second child for whom he will have to pay child support, payments for the first are reduced, since for two children no more than 33% of the salary can be withheld. Both will receive 16.5% or 4,950 rubles.

An example of calculating the amount of alimony if the payer is unemployed:

The lack of official income does not cancel alimony obligations - alimony will be assigned in a fixed amount, but taking into account the share of average earnings in the Russian Federation.

The average salary in the country is 27,500 rubles, the cost of living is 10,594, one child.

27,500 x 25% = 6,875 rubles. This amount will be assigned because it exceeds half the minimum for the child's accommodation.

An example of calculating the amount of alimony if the payer is an individual entrepreneur:

In this case, fixed or share payments are assigned:

The individual entrepreneur has a confirmed income of 50,000 rubles. The amount is calculated from earnings minus expenses. Payments per month will be:

50,000 x 25% = 12,500 rubles.

When an individual entrepreneur constantly submits a “zero” declaration and income cannot be confirmed, a firm method of collection is used. For the calculation, the average salary level in the Russian Federation and the regional cost of living are taken.

Changing the amount of child support for 1 child

If necessary, a woman can demand a change in the method of collecting alimony from firm to shared or vice versa, if she considers that another option is more profitable.

You cannot withhold more than 25% of the payer’s salary when paying alimony in shares. He, in turn, has the right to reduce the amount of alimony in the following cases:

• Significant deterioration in financial situation: the appearance of another child and the maintenance of his mother.
• Obtaining disability when the person obligated for alimony has a need for large financial investments.
• The child is 16 years old and earns his own income - in this case, payments may be canceled if the income is officially confirmed.
• When collecting alimony for children born in different families.

To change the amount of alimony, the parties must go to court or enter into an alimony agreement.

What types of income can child support be withheld?

The main source of child support deduction is wages, but if the father is not employed or works informally, payments in a fixed amount will be assigned.

Decree of the Government of the Russian Federation dated July 18, 1996 No. 841 determines the exact list of types of income from which alimony is withheld:

• wages, allowances for military personnel or municipal employees;
• fees and allowances to salaries or tariff rates;
• coefficient bonuses to wages;
• bonuses and other employee benefits;
• payments for periods when employees maintain average earnings;
• all types of pensions and scholarships;
• unemployment or disability benefits;
• compensation payments in connection with the reduction of the payer at work;
• income received from mining activities;
• income from business, rental of real estate;
• material assistance from the state or municipality, except for payments in connection with natural disasters or catastrophes;
• earnings received from a civil law transaction.

When the payer is in the army on compulsory service, the transfer of alimony is suspended for a year, but then he will have to pay the full amount along with the penalty. Subsequently, he can cancel the collection of the penalty through the court, since conscription for military service is a valid reason. There is no deduction from payments while serving in the ranks of the RF Armed Forces.

Conclusion

The amount of alimony for one child is determined by a settlement agreement, and in the absence of one, in court. It is influenced by the financial situation of the parties, the method of collection and the possibility of confirming official income by the payer.

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Author of the article

Lawyer. 2 years of experience. I specialize in civil disputes in the field of family law.

Source: https://SocPrav.ru/alimenty-na-odnogo-rebenka

What percentage of salary is alimony in 2019: for 1 child, for 2 children, for 3 children

Every parent has a duty to support their children, even if they do not live with them. In the event of a divorce, a procedure is provided for the payment of alimony - financial assistance to a minor child. But at the same time, it is important to know what percentage of the salary is alimony.

What affects the amount of alimony?

The amount of alimony payments is calculated based on many factors. And parents who are payers must understand how such payments are established.

These factors include:

1. Number of dependents. In addition to a minor child, the payer may support disabled parents, etc. For one child, one amount of alimony is paid, and for two, it increases.
2. Method of calculating payments. Alimony can be calculated either as a percentage of income or as a fixed sum of money.
3. Arrears of payments. If the payer has previously evaded payments, this will affect the final amount and it will be increased.
4. The person's salary.

Alimony can be calculated not only on the basis of salary, since according to the law, other types of income of the alimony payer are also taken into account.

What income is taken into account

Government Decree No. 481 determined the list of income of citizens from which alimony payments can be withheld:

1. Wage. If the payer works part-time in addition to his main job, then this salary is also taken into account. Various allowances and bonuses are also taken into account.
2. Royalty if the payer received it from the sale of copyright.
3. Income received from performing work on the basis of a civil contract.
4. Pension. The exception is pension payments provided for the maintenance of other persons.
5. Unemployment benefits and other government payments.

Child support is not withheld from the following types of income:

1. Profit received from the sale of real estate, vehicles and other types of property.
2. Income received as a result of inheritance or under a gift agreement.
3. Compensation payments – survivor benefits, payments for material damage, etc.

Most often, payments are made from the parent’s official salary.

Percentage of salary

If the payer has an official job, then alimony is withheld from his earnings after payment of all necessary taxes and fees. The following percentages are established by law:

1. For 1 child – up to 25%.
2. For 2 children – 33%.
3. For 3 children or more – 50%.

However, there is no minimum percentage of wages established. One child can receive either a full 25% of the parent’s income or 15%. This is influenced by the above factors - the amount of earnings, whether the payer has other dependents.

But there are additional factors:

• caregiver's income level;
• the size of the regional subsistence minimum per child;
• presence of additional needs of the minor (treatment, education).

If the payer has two children, then the amount of alimony will be no more than 33% of the salary. For three or more children, they usually pay no more than 50%, but in some cases the law allows for the deduction of up to 80% of the payer’s income.

Not only the child, but also the ex-wife can count on alimony payments. Typically, a woman requires financial assistance from her ex-husband if she is pregnant with a common child or is raising a child under 3 years of age. Less often - if you lose your ability to work in a barge or within 1 year after a divorce. But this rule applies if the marriage lasted more than 5 years.

The collection of alimony for the wife does not affect the amount of payments for the child, nor does it affect the calculation procedure. The man will have to pay alimony for his wife and child.

The payment of spousal support is calculated taking into account the amount of child support. By law, a woman can only claim 50% of this amount. For example, if a minor son receives 10 thousand from his father.

rubles, then his mother, under certain circumstances, can recover no more than 5 thousand rubles.

Procedure for calculating alimony

The parent can provide financial assistance voluntarily and then the amount of payment will be established by the child support agreement. The law does not prohibit determining the established limit and paying the child more. A procedure for collecting payments through the court may be applied. In this case, the documents on the basis of which payment is made will be:

• court order;
• performance list.

To obtain a court order, the plaintiff only needs to submit a corresponding application and documents to the court. There is no meeting - the court considers the claim within 5 days and issues an order. But there are certain conditions - the plaintiff must know about the defendant’s place of work and his level of income. If the defendant appeals the document, it will be canceled.

Read also: Free medications for pregnant women: what is the list and procedure for receiving them in 2020

A writ of execution is issued only after a standard trial. This document is not so easy to cancel. Having received the relevant document from the judge, the plaintiff can:

1. Transfer it to the bailiff service. After this, enforcement proceedings will be opened. The documents will be handed over to the employer, who will begin to deduct the specified amount from earnings.
2. You don’t have to contact the bailiffs, but send the enforcement documents directly to the defendant’s place of work.

The latter method speeds up the withholding of alimony, but ignoring the FSSP often leads to negative consequences. If you skip this point, the recipient risks:

1. Lose a document. According to the law, only the original writ of execution needs to be handed over to the employer. If it is lost, it will be very difficult to prove its transfer. But if the procedure is carried out through bailiffs, then evidence will remain.
2. Do not receive the full amount. Bailiffs have the right to check accounting documents, so they can easily identify various inconsistencies, the reason for the delay in payments, etc.
3. Be left without alimony if the payer is fired. In this case, you will still have to go to the FSPP and initiate the collection of payments from the unemployed parent.

In other words, the plaintiff can always count on the help of the bailiffs, contact them for clarification and collect the debt from the payer.

Change amount

Even if the court has determined the amount of payments, over time the payer may demand that it be changed. And, naturally, not in a big way. The law allows you to reduce payments, but only for good reasons and only within established limits. Only the court can assign a new amount.

Reasons for reducing payments:

• loss of ability to work by the payer (temporarily or permanently);
• the emergence of new dependents (a child was born in a new family, assistance is provided to disabled parents);
• long-term financial difficulties of the payer;
• serious deterioration in the health of the parent, etc.

Let's sum it up

If alimony is calculated as a percentage of salary, the court cannot exceed the established limit. And since the payer’s official salary is often much lower than the unofficial one, the amount of alimony becomes meager. However, if the parent refuses to pay voluntarily, you need to go to court and insist on calculating a percentage of his salary.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :

Source: https://pravovoiexpert.ru/alimenty/skolko-procentov-ot-zarplaty-sostavlyayut-alimenty/

What percentage of salary is child support?

Family law is an area of ​​jurisprudence, the study of the provisions and regulations of which should be approached extremely carefully. Especially when it comes to alimony. The recipient, and the payer, need to know their obligations and rights. Only in this case the parties will not conflict and bring the matter to court.

The law provides for the collection of alimony in two ways. The first option is a fixed amount of money. The second method is a percentage of the salary and other official income of the alimony worker. In this article, we will look at what percentage of the salary is child support and how to correctly conclude a payment agreement.

 If a common point is not found in this case, then monetary payments are collected in court.

Alimony as a percentage of wages

When determining the amount of payment for the maintenance of a child under the age of majority, experts take into account the standards reflected in Article 81 of the RF IC.

Depending on the specifics of the situation, the monetary payment may be reduced or increased.

 To find out what percentage of your salary child support will be, you need to familiarize yourself with the information presented below - the amount of alimony depends on the number of children in the payer’s family.

• 25% if the amount goes to support one child;
• 33% when funds are transferred to two children;
• 50% in cases where the payer has three or more children.

Both parties should know that the decision to reduce or increase payment is made only by the court. At the payer’s place of work, changes cannot be made by any specialists, management or officials.

The interest on alimony (downward or upward) can be changed. The court will take into account the payer’s marital status, financial situation or other factors provided for by the laws of the Family Code.

Online alimony calculator

Agreement on payment of alimony

A settlement agreement on the payment of alimony is an official document certified by a notary. It contains detailed information on the methods, procedure and conditions of monthly cash payments in favor of a minor child.

The agreement is concluded by couples who remain on good terms after the divorce. This document, which has legal force, is a reliable protection of the rights of a minor child.

 The agreement must take into account the possibility of changing payments (in case of inflation).

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What income is taken into account when calculating alimony?

To calculate alimony for the maintenance of a minor, all income is taken:

• official salary;
• allowances, bonuses, remuneration, additional payments to it;
• material incentives of a permanent nature;
• payments to municipal employees;
• fees for cultural representatives;
• pensions and scholarships;
• income from individual entrepreneurship;
• profit received from securities;
• monetary support for citizens serving in the Armed Forces;
• income generated from the rental of property;
• payments that prisoners receive;
• remuneration, which is intended for persons holding positions in government agencies.

Citizens who receive bonuses for long service, difficult working conditions, work on holidays and weekends, night time, combining specialties, class and professional skills, personnel management, also need to pay alimony from these income groups.

Persons performing the function of a class teacher are required to take into account this additional profit. Representatives of the medical field are no exception. Citizens who receive unemployment benefits or temporary disability are also required to pay alimony.

Another group is people who were fired due to the liquidation of the organization.

Income to which alimony does not apply

There are certain income groups from which financial assistance to persons under the age of majority is not formed.

These are: travel allowances, maternity benefits, money paid in connection with transfer to another location, amounts of compensation for worn-out equipment/tools that are the property of a specialist.

Also, alimony is not accrued for funds issued for medical and preventive nutrition, burial of relatives, vouchers to sanatoriums, or pensions assigned in connection with the loss of a breadwinner. Several more groups: benefits for persons with children, maternity capital, material payments at the birth of a child.

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Voluntary collection

Russian legislation provides for two options for collecting monetary payments in favor of children under 18 years of age. The first method is voluntary collection; this is the best option, which does not occur as often as collectors would like. We are talking about concluding an agreement between the parties on the transfer of financial assistance.

This document contains all the necessary information: the amount of alimony, payment terms, payment procedure, rights and obligations of the parties. Depending on the current situation, all indicators are determined individually. If necessary, the agreement specifies additional expenses that are covered by the alimony provider (leisure expenses, medical procedures, training programs).

The finished document is certified by a notary.

Forced collection

This is a statement of claim that the plaintiff draws up and submits to the magistrate’s court. Such a document is drawn up in triplicate. In addition to the claim, it is necessary to collect and provide a number of additional documentation. Among the required documents it is worth noting:

• official forms 2-NDFL (confirmation of income of the defendant and the claimant);
• child's birth certificate (copy and original);
• extracts from the house register;
• certificate of divorce (copy and original).

If there is no information from the place of work, the claimant should contact the bailiff service. Representatives of this authority will help you understand the current situation. The statement of claim is filed with the court at the place of registration of the alimony claimant. Another option is to apply at the defendant’s place of residence.

The accounting department of the company in which the alimony payer is employed is obliged to accrue monthly monetary support intended for the maintenance of the minor.

Accounting makes accruals for wages and other remunerations provided for by the enterprise. The money transfer is made within three working days from the date of receipt of the salary. If the alimony worker resigns, the management of the organization is obliged to immediately notify about it. Otherwise, penalties will be imposed on the company.

Decrease and increase in the percentage of cash payments

Alimony is not a constant amount. Depending on the family and financial situation of the parties, the amount of payments may be adjusted. It is possible to either increase or decrease the amount.

For example, the payer loses his job or temporarily suspends his work activity. In this situation, the calculation of alimony is carried out depending on the average salary calculated in Russia.

If the amount of monetary support is determined as a percentage of salary, then its reduction is expressed in shares.

Another option is that the child support provider has several minor children from different marriages.

This situation provides for percentage payments from wages (approximately 16% if a citizen has three children, one of whom is a joint child from his ex-wife).

Only the magistrate's court has the right to decide to reduce the amount of alimony. For this procedure, you should collect a package of documents:

• official income certificate (form 2-NDFL);
• a copy of the employment contract;
• children's birth certificates.

Withholding alimony from wages based on several writs of execution is a task for the accounting department of an enterprise. The calculation is not easy. After all, such a citizen needs to save 50% of his earnings. The exception is the formation of arrears for alimony. If there is a debt, then up to 70% of the salary is charged. This calculation is valid until the debt is fully repaid.

An increase in the amount of monetary support for a minor occurs when one of the parties (recipient or payer) goes to court. The basis for increasing payments is a change in family or financial status, or the emergence of other legal circumstances.

The judge carefully considers each case. An individual approach ensures that a reasonable decision is made. For example, the payer has a very low income. As a result, ¼ of the earnings is not enough to support a person under 18 years of age. In such a situation, the judge has the right to increase the amount of monthly payments.

Conclusion

A fixed amount of alimony is beneficial when the payer has an irregular income or receives profit in kind. A percentage of salary is acceptable in other situations. A combination of both options is possible: part of the amount is fixed, part is paid as a share of official income.

You can calculate which version is most preferable yourself or seek qualified help from a family law lawyer. In any case, the payer needs to understand that the financial situation of the former family, and most importantly the condition of the joint child who has not yet reached adulthood, depends on the timely repayment of the debt.

Taking care of children is the responsibility of parents, even if the marriage has broken down and they do not live together.

Source: https://YurPortal.info/alimenty/skolko-protsentov-ot-zarplaty-sostavlyayut-alimenty-na-rebenka/