The amount of alimony for 3 children: amounts, in shares, from different marriages

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The imposition of obligations to pay alimony implies the presence of specific conditions. Children from different marriages (natural or adopted) are awarded alimony if the facts of kinship or adoption are documented. These include:

• a birth certificate (with the father's name necessarily indicated on it) or a document on adoption (the fact of adoption);
• if available - a document confirming the fact of official establishment of paternity, issued by the civil registry office;
• if available, establishment of paternity confirmed by a court decision.

Child support payments for three children are permissible for minors. An exception is made for children who are unable to work (having a disability) and need lifelong support. For such categories of persons, the fact of reaching the age of majority is not a condition for termination of alimony payments. Some situations require individual judicial review.

The law regulates the receipt of alimony by children from various marriages, regardless of their number.

Distribution of alimony payments and their amounts

Family law provides the following options:

• the amount of alimony for three children involves deductions from 50% of the debtor’s total income;
• deductions for two children are left at 33%;
• one child receives 25% of the paying parent's earnings.

The concept of the amount of alimony for children from different marriages is ambiguous; it is influenced by:

• financial situation and social status of a particular alimony payer;
• the amount of income that is officially confirmed on the basis of relevant documentation, from which alimony is deducted;
• marital status and health status of the alimony debtor at the time of collection of these payments;
• standard of living provided to children.

There are two fundamental ways to correctly calculate child support for three children from different marriages:

1. Determining the share of alimony from total income. The category of such income includes salaries, scholarships, pension payments, benefits, and profits received from business-related activities. The legal 50% will be deducted from the total amount of child support. A debtor who has stable monthly earnings and is able to give half of all income received as alimony can take advantage of this option. The main condition for choosing this method is to provide data on earnings, the amount of which is not lower than the minimum wage in Russia. In 2018, it is about 6 thousand rubles, the estimated minimum amount for three children will be about 3 thousand rubles.
2. Alimony for children from different marriages can be expressed in a fixed amount. In court, this method of alimony payments can be chosen in relation to a person who is convicted of concealing real income, or who does not have a stable income (also in the presence of low official income). The amount of alimony for children from different marriages is calculated by applying data on the amount of the “minimum wage”. In this case, their size can be 3-4 amounts.
3. A voluntary agreement between two parents. The best way out of the situation is if there is an adequate relationship between the former spouses. It allows the alimony payer to pay larger amounts than provided for by law.

Choosing the right way to collect alimony

Alimony for children from different marriages is a process that requires an individual approach when choosing the optimal collection method from the point of view of children’s rights.

There are cases when the maximum amount of alimony was increased by decision of the judicial authorities to 70%.

This is due to the need to provide not only for the child, but also for his mother due to the circumstances that have arisen (deterioration of financial situation, illness, disability).

The issue of documenting child support is simple when all 3 children grow up in the same family. Then concluding a voluntary agreement on alimony is an expedient and effective method of solving the problem.

The situation is much more complicated if there are children from different marriages. Collection of alimony occurs according to completely different executive documents (court order, writ of execution or alimony agreement).

Let's consider these options in more detail.

1. 1. Amount of alimony under the alimony agreement.

The ideal way to solve a problem in relation to children is on a voluntary basis. Such an agreement is drawn up by a notary; it must specify the amount of child support and payment methods (cash, bank transfer, postal transfer, card transfer, etc.). Reducing the maximum amounts of child support for three children is unacceptable from a legislative point of view.

Alimony can be paid monthly or as a one-time payment. Alimony is expressed in shares, a specific amount (based on the average salary in the region or country), alimony can be real or movable property.

Parents can reach an agreement on the issue of combined provision for children - cash along with food, stationery, clothing, etc.

1. Regulating the issue of alimony using an order or court decision.

If there is no consensus on the issue of distribution of alimony and establishing specific amounts, it is advisable to go to court. The case is considered taking into account the prevailing circumstances, and alimony is collected either as a percentage or as a “flat amount” without preference in favor of one of the children.

Deviations from the rules established by law in relation to alimony can only be circumstances of special significance: the presence of maternity leave for the child’s mother, unstable financial situation (with documented facts of layoffs, reorganization of the enterprise, etc.), deterioration of health, disability .

If such circumstances arose after the court decision (order), then a repeated appeal to the judicial authorities will be required to review the case in connection with the emergence of facts affecting the establishment of a specific amount of alimony.

Termination of child support obligations for three children

Obligations of any kind have a period from which the conditions for their termination are assigned. Standard options include situations related to:

• with the death of the person making alimony payments or minor children;
• when children reach adulthood and gain full legal capacity to support themselves independently;
• with the presence of an officially confirmed fact of adoption.

Situations arise in life when, over time, only one out of 3 children from different marriages retains the right to receive alimony. In this case, the amount of alimony previously received from 16.5% should be increased to 25%.

Such nuances are usually prescribed in a writ of execution or agreement.

In the absence of such information, the child’s mother must re-apply to the judicial authorities with a corresponding application in order to increase the amount of previously received payments.

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Source: https://alimentypro.ru/alimenty-na-3-detej-ot-raznyh-brakov/

The procedure for collecting alimony for 3 children, also from different marriages. What do payments depend on, how to calculate the amount?

According to the legislation in force in Russia, child support obligations fall on the shoulders of the parent who does not live with the children. In most cases, fathers pay child support. The amount of alimony payment for 3 children is at least 50% of the payer’s monthly income. Let us consider the issue of assigning and collecting alimony for three children in more detail.

What does the payment depend on and what percentage is it?

The amount of payments depends on many factors and can be changed by the judicial authority. The amount of payments depends on the following points :

• the amount of official permanent income;
• number of dependent children;
• the presence of other alimony obligations on the part of the payer.

The court may change the amount of payment, taking into account the following circumstances:

• the defendant has no income;
• the child has a disability;
• the parent with whom the minor lives does not have the opportunity to work.

The amount of alimony that is collected through the judicial authority depends on the amount of official earnings of the alimony payer. According to the law, alimony payments are subject to indexation . This point is explained in Article 117 of the RF IC.

When concluding a voluntary agreement on alimony, the indexation condition must be stated in the text of the document.

Attention : if alimony is assigned as a percentage of the payer’s salary, then indexation will occur automatically as the amount of monthly income increases.

How to calculate the amount?

For three or more children, an amount of alimony is assigned equal to 50% of the official income of the alimony payer.

In certain situations, the judge may take into account the financial situation of the parents, as well as their state of health, and then reduce the amount of payments (for example, if the defendant has limitations in his ability to work or has lost it completely).

The financial situation of the plaintiff does not matter when the judge makes a decision . Even if the mother has a high income, the other parent is required to transfer funds for the benefit of her minor children if the dependents are in the mother's care. Calculating child support payments for three children is quite simple. 50% of the amount of official wages and other confirmed income is transferred monthly to the account of the parent with whom the children permanently live.

If a man has children from different marriages, then the money is distributed between each child in an equal share. For three children, a deduction of 50% is made, with each minor entitled to 16.66%.

Let's give an example : citizen Karasev I.V. has a monthly income of 50,000 rubles. An accounting employee makes monthly write-offs for 3 children who were born in different marriages. Karasev’s second wife gave birth to his fourth daughter and filed for divorce seeking alimony payments.

How much will the amount of alimony change? Karasev’s income after deducting personal income tax will be 43,500 rubles. 50% of this amount goes towards paying alimony. In this case, each minor will receive an equal share - 5437.50 rubles.

How to collect?

If children are born in the same marriage, then the issue of registration is quite simple to resolve. Parents have the opportunity to agree peacefully by concluding a child support agreement in writing and having it certified by a notary.

If an agreement cannot be reached, then the parent in whose care the children are has the right to file a claim with the court.

In cases where children are born in different marriages, the collection of alimony payments is made for each of them according to different enforcement documents:

• alimony agreement;
• court order;
• performance list.

Agreement

The main condition when determining the amount of alimony is the following point: the amount of alimony should not be less than 50% of the father’s income if alimony is collected for three children .

The amount cannot be reduced in case of mutual agreement, since the amount of 50% is established by law. A notary officer will not certify such a document.

The parties have the right to combine different types of alimony payments , for example, agree on a one-time payment of funds. It is possible to transfer expensive property or help on a regular basis (food, clothing, books, toys, etc.).

Judgment or order

When considering a case by court authorities, a decision is made in accordance with the norms of current legislation. Taking into account all the circumstances, the court imposes either a 50% penalty on the defendant’s monthly income or a payment in a lump sum.

If children are born in different marriages, each is entitled to an equal share of the financial support.

How are finances divided for people from different marriages?

Such cases are rare. However, all children (natural and adopted) have the right to receive child support payments .

Calculation example : suppose a father pays alimony to his daughter from his first marriage in the amount of 25% of income.

After some time, three more children are born in another marriage, whose mother also files for alimony.

The father has to ask the court to reduce the amount of payments for the first child from 25% to 16.66%, so that the total amount for four children is equal to 50% of the monthly salary.

Read also: Tax deduction for a disabled child

Situations when the amount of monetary penalties exceeds half of the payer’s income

If the second parent (for example, the mother) is in a difficult financial situation or has serious illnesses, then child support obligations may be assigned in her favor. In this situation, the amount of alimony can be increased from 50% to 70%.

At the legislative level, it is established that when submitting an application, not only children, but also their mother have the right to count on alimony payments , provided that the age of the minor is not more than 3 years.

A mother who is on maternity leave cannot work and look after her child at the same time, which is why the legislator introduced such a rule.

The ex-spouse has the right to file for alimony from the very beginning of the pregnancy. When making a decision, the judge will take into account the financial situation of the expectant mother.

If the recipient of alimony does not work or is on maternity leave, then to collect it, you should contact the mother’s judicial authority and write a statement. The plaintiff is exempt from paying federal state fees.

The maximum amount of alimony for the maintenance of minor children is fixed by law. If a mother files a claim for alimony in favor of herself and her children at the same time, then the amount can reach 70%.

In what cases is child support suspended?

Child support for three children is suspended in the following cases::

1. Departure of children receiving alimony or father.
2. When children reach adulthood.
3. Upon receipt of legal capacity by children.
4. When adopted by other parents.

To summarize, we note that the birth of children implies responsibility for their upbringing, maintenance and development. Each parent is obliged to allocate funds for the maintenance of their children. After a divorce, the court allows minors to live with their mother, but this does not exempt the second parent from paying alimony.

Source: https://dela-semejnye.ru/alimenty/kak-vzyskat-na-troih-detej.html

Alimony for children from different marriages

Children should not suffer financially when spouses divorce. To protect the stable existence of minors, the state obliges parents to support their offspring even after a divorce. The parent who does not live with the children is obligated to pay child support; this can be either the father or the mother.

Legislatively, there are strictly defined interest rates that must be paid to children.

Child support obligations

The Family Code obliges parents who have biological or adopted children to provide for them. Obligations assigned once cannot be withdrawn due to unwillingness to continue maintenance, divorce or deprivation of parental rights. You will have to support the child voluntarily or forcibly until he turns 18 years old.

All legal aspects are stipulated in Article 80 of the RF IC. According to the law, alimony obligations are imposed on both parties to the relationship as a result of which offspring were born.

These relationships may have officially registered marital status, be in a state of divorce, or have no legal basis.

If a born child has a question about the disputed fact of paternity, then collection of alimony is possible after:

1. Voluntarily recognized obligations and execution of documents indicating the relationship between a man and a child.
2. A laboratory-established biological relationship, as a result of which the woman has the right to forcefully file for alimony.

Child support for children from different marriages is paid if the parents are:

1. Students.
2. Working.
3. Unemployed.
4. Pensioners.
5. Disabled people.
6. Poor people.

In some cases, the state assumes obligations to pay child support for 3 children. But this is only possible in exceptional situations, when the payer can prove his financial insolvency, which occurred as a result of acquired diseases, congenital disabilities or other serious circumstances.

Amount of alimony payments

Article 81 of the RF IC stipulates the amount of alimony for children from different marriages. The code stipulates the ability of each parent to enter into a notarized agreement under which he will pay monthly child support for the first, second, third and further children. If such a document has not been drawn up, then alimony for 2, 3 or more children from different marriages is assigned by the court.

The amount of alimony for three children is established in the Family Code as half of the income received per month.

The list includes:

1. Wage.
2. Pension accruals.
3. Scholarship.
4. Disability benefits.
5. Unemployment benefit.
6. Interest received on shares held.
7. Profit received from your own enterprise.
8. Rent from rental property.

Alimony deductions are not made from the following income:

1. One-time bonus.
2. Business trips.
3. Subsidies paid to support the poor.
4. Maternal capital.

In the absence of a fixed income, child support for two or three children is calculated from the established average income in the region.

Alimony as a percentage of income

In most cases, the court orders alimony for three children from different marriages as a percentage of the income received.

Payments are divided into the following collection amounts:

1. For one child, ¼ of the accrued amounts.
2. Two minors are entitled to 1/3 of the salary.
3. Three offspring will receive ½ of all income.

The amount of alimony for three or more minors does not increase to 50% of the amounts received.

The distribution of withheld amounts is made according to the submitted documents and received writs of execution.

Alimony for 3 children from different marriages, what percentage will each minor receive? Alimony payments for minors have a fixed amount, regardless of the fact that they belong to one or more families. For three children at birth, alimony is assigned in the amount of ½ of the salary. The withheld amount is divided evenly among all minors.

Alimony in a fixed amount

A fixed amount of alimony for two or three children is assigned if:

1. The spouses entered into a voluntary agreement on the amount of monthly payments due.
2. The defendant does not have a fixed or constant income, so the court ordered a fixed amount of alimony payments to be collected from him.

When talking about a fixed amount of payments, what is often meant is the amounts specified in the agreement. If a woman has children from two husbands, then the agreement must be concluded with each of them separately. The document must specify:

1. The amount of content.
2. Date of monthly receipt of money.
3. The possibility of automatic indexation, which does not require regular revision of the agreement in connection with an increase in the cost of living.

The validity period of the agreement may be specified as the day the child reaches adulthood. It may not be indicated at all, since according to the law, the obligation to pay alimony payments expires from the moment the age limit is crossed.

Methods for collecting alimony

According to the method of collection, alimony payments can be divided into:

Voluntary repayment

It is expressed in the fact that the alimony payer himself allocates the required amount and transfers the money to the child in an accessible way, by mail or in person.

Forced collection

May apply to both court awards and signed agreements. An official document is sent to the payer’s office, arguing the need for deductions and indicating their monthly amount. Payments are deducted from the salary and the company's accounting department is transferred to the specified bank accounts.

A voluntary method of paying child support for the first, second and third child can always turn into forced if the payer stops fulfilling his obligations independently.

Alimony agreement

How is alimony divided for two children from different marriages if an agreement is concluded between the father and mother to pay maintenance?

The amounts of alimony deductions upon concluding an agreement are distributed by the parents independently and voluntarily.

If a man pays an allowance equal to one minimum wage to one family, then for a child from another marriage he can pay half of this amount or more.

Child support for a second child in a second marriage can be very different from payments for other minors. Such a difference is not considered legally unacceptable.

Do not forget that the agreement can be revised at any time. A woman can also:

1. Submit the agreement to the bailiffs to collect payments if the husband begins to delay payment.
2. Review the amount of payments by filing a claim in court.

According to Article 109 of the RF IC, the agreement has equal rights with a writ of execution adopted in court.

Court decision on alimony

Many parents do not know how to apply for withholding payments to the court and obtain a decision on collection. Court cases regarding the provision of minors are considered as quickly as possible and have positively approved decisions, provided that the issue of establishing paternity does not arise.

The plaintiff can go to court and demand that the defendant be held financially liable to his children.

The presence of other minors with the defendant does not relieve him of the responsibility to provide for all his children.

The court will definitely take into account whether the payer has other alimony obligations and, based on this data, will decide to withhold a certain percentage of his salary in favor of the minor.

The procedure for collecting alimony

Child support from a second marriage, as well as from the first and all subsequent ones, is collected in two main areas:

1. Deducted from wages or other income.
2. Self-pay.

Having a writ of execution and a permanent job does not allow the defendant to pay the money on his own. But if the payer has lost his job, it is in his interests to make monthly payments in person so that debts do not accumulate and late fees are not charged.

If the payer does not make payments for a long time, alimony payments can be collected by seizing property, accounts, blocking travel outside the Russian Federation, deprivation of rights, etc.

How to divide child support between children from different marriages

How alimony payments are distributed for two or three children from different marriages during judicial review is decided in advance - in identically equal shares for each minor. If the payer has new babies, in addition to the existing three, then 50% of the deductions are divided not by three, but by four. That is, with the birth of a new child, each person’s share decreases.

The court takes into account the fact that minors belong to one or more families. If the second wife applied for alimony for the second child, but the first did not, then the second minor will receive 25% monthly. If there are three minors and they are all from different wives or husbands, then 16.66% will be transferred to each.

Child support: how to pay and protect yourself from troubles

Source: http://mojurist.ru/alimenty/razmer/na-3-detej-ot-raznyh-brakov/

Amount of alimony for 3 children, what percentage of alimony for three children

Home » Alimony » Alimony for three children: amount, percentage

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Any parent is obliged to support their children, regardless of how many there are, where they are and how much the mother/father earns.

The more children, the higher the amount of deductions, since costs also increase in arithmetic progression. The legislation does not specify specific amounts, but the percentage of payment is specified.

Let's take a closer look at the situation with three children, under what conditions you need to pay for their maintenance and how much to transfer.

Conditions for calculating alimony for three children

Alimony is calculated in a number of cases:

• The payer is the biological parent of the child or he adopted him/her. In the latter case, the need for payment is removed from the biological parent, and the same responsibility is assigned to the adoptive parent.
• The child and the payer are alive.
• The child is under 18 years of age (an exception is made for disabled children).

Most often, the main document that becomes the reason for collecting alimony is the birth certificate of the children. But it must indicate their father. If paternity is not indicated, it will be difficult to collect child support. We will have to first establish paternity in court and only then demand money from the father. Otherwise, his ex-wife will receive nothing.

Read also: Establishing paternity after the death of the father: judicial practice, sample application to the court

As mentioned above, the percentage of contributions for children is determined by law. In particular, Article 81 of the RF IC. However, apart from this parameter, there are no other hard indicators.

Moreover, even it states that the amount may change in one direction or another depending on the needs of the child, the level of income of the payer and emerging problem situations, such as supporting a new family or serious illness.

Moreover, there are no specific minimum or maximum amounts that must be paid. However, based on this article of the law, we can come to some conclusions.

Minimum percentage

What percentage can be considered the minimum? Article 81 of the RF IC states that for three children you need to pay 50% of your income. Not less. As a result, 50% will be the minimum possible percentage of payment for 3 children. But the amount can be almost any.

Example : One person receives 20 thousand rubles and will be forced to pay 10 thousand for the maintenance of his three children. Another receives 100 thousand rubles and will give 50 thousand. And the third one actually works at the employment center and receives 2 thousand rubles a month in the form of benefits. He will pay only 1 thousand rubles.

Maximum percentage

The law provides for the possibility of raising the payment level to 70% of income, but only if the payer is late in payments and is now obliged to compensate for what was previously underpaid and, if necessary, pay a penalty. However, alimony itself cannot be higher than 50% (Article 99 of Law 229-FZ).

Example : A person receives 100 thousand rubles a month. As usual, he paid 50 thousand, but missed several months for a not particularly good reason.

In this case, he will subsequently be obliged to pay 50 thousand (50%) of the income due for regular payments, and the remaining amount of debt formed during the period of non-payment is divided over a long period and every month the person will pay another 20% (20 thousand) until the entire debt is covered. It turns out that he pays 70% - 70 thousand rubles per month.

A fairly common practice is to establish a fixed payment. In this case, the percentage of income no longer plays a role, and some other factors that the parties discussed with each other are taken into account.

Example : The parties entered into an agreement that the father will pay a monthly fixed amount for the maintenance of the child equal to the officially established minimum subsistence level for the child in the region of residence. This amount will not depend on the person’s earnings. That is, in fact, it can be either more than 50% of income or less.

If a potential payer’s income comes from different sources, some of which are not constant, a combined alimony payment system can be used. It may stipulate that a person is obliged to regularly contribute a fixed amount, and if he receives additional income, in addition to regular wages, he will pay 50% from it.

Example : The payer earns a stable 30 thousand rubles per month. The fixed payment is 10 thousand rubles for three children by agreement of the parties, which is less than 50%. However, approximately once every 2-3 months, the payer receives additional income in the amount of 300 thousand rubles. From him he will be obliged to transfer 50%, that is, 150 thousand rubles.

The law does not make any difference if children are from different marriages. You will have to deduct funds for their maintenance in the same amount as usual. The only peculiarity here is that the payer will be forced to split the amount into several parts and send it to different accounts.

Example : If the payer has two children from one marriage and one from the other, then the payment amount must be divided into 2 unequal parts. Let's assume that the salary is 60 thousand rubles. 50% of them is 30 thousand. Of this, 20 thousand must be allocated for the maintenance of the first two children, and 10 thousand rubles for the third child from the second marriage.

When calculating the amount of alimony payment, almost all income of the potential payer is taken into account:

• Official wages in any form.
• Unofficial income.
• Pension, scholarship and allowance.
• Irregular income.

How income is not taken into account

However, not all payments received into the payer’s account are included in the calculation of the amount of alimony. There are a number of exceptions.

Thus, alimony received from another person is not taken into account (when the payer himself supports a child from another marriage and receives alimony for this).

This also includes payments to victims of natural disasters or terrorist attacks, assistance from other countries, payments for the birth of a child or benefits for the death of a breadwinner.

When child support for 3 children stops accruing

You can stop contributing funds to support your child (even if he is still studying) as soon as he becomes an adult. This may happen in the following cases:

• Has reached the age of 18 years.
• Got married/got married.
• I started working and earning money on my own.

In all three cases, the child is considered capable of supporting himself and there is no longer any actual obligation to support him. Although, of course, no one bothers you to help with money of your own free will.

An exception is made for officially disabled children, even if they are over 18 years old. They need to be maintained until the situation changes. And given the fact that a person with 1-2 disability groups is usually recognized as disabled, the likelihood that something will change is minimal. Nevertheless, many disabled people make excellent money and lead a full life.

There are two main options for obtaining child support: by agreement or by court order (previously it was necessary to file a statement of claim, but now the procedure in Russia has been simplified).

Agreement

• The parties voluntarily sign an agreement under which one person regularly pays alimony in a strictly defined amount, and the second assumes obligations of a different plan (or does not, as they agree).
• Example : The parties can agree that in return for alimony payments, their recipient will in no way interfere with the child’s communication with the parent.

Download a sample agreement on payment of child support for three children

Court order

An alternative option is to apply to the court for a restraining order. In such a situation, alimony will be collected by force. To the point that in case of non-payment, a person risks losing housing, transport or even freedom.

Download a sample application for a court order to pay child support for three children

Alimony can be paid on a voluntary basis, without entering into any agreement at all, but this can be dangerous. For example, nothing will prevent the recipient of alimony from ultimately going to court with a demand to recover money from the payer for the previous period. Allegedly for the reason that he did not help in any way. The court rarely satisfies such demands, but it is better not to risk it.

Calculating how much child support is due can be quite a challenge, especially when there is a desire to deviate from the standard practice of 50% of income. To understand all the nuances, we suggest contacting experienced lawyers for a free consultation. Our specialists will help resolve all controversial situations, select the necessary documents, draw up statements, and even represent your interests in court, if the need arises.

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

• describe your situation to a lawyer in an online chat;
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Source: https://ros-nasledstvo.ru/alimenty-na-troih-detej-razmer-protsent/

Alimony for three children from different marriages

There are often cases when, after a divorce, spouses enter into a new marital relationship, and, as a result, they have new children.

Most often, fathers are the child support payers, since the child usually remains to live with the mother. As a result, the father paying alimony may have two or three children from different marriages, or even more.

And he is obliged to support them all financially and pay them alimony.

How much should child support then be collected in order to provide for all minors?

First, let’s define the conditions under which a parent becomes obligated to support a child:

• the presence of kinship (children can be either blood relatives or adopted). Documents confirming the fact of relationship may be:
  1. birth certificate;
  2. decision of a judicial authority that confirmed paternity;
  3. documents confirming the fact of adoption.
• Children should not be adults by age.

It will not matter at all whether the children were born in the same marriage or from different marriages.

Amount of payments collected

Family law provides that alimony for minors is collected in the following amounts:

• for one minor – 25% of income;
• for two minors - 33% of earnings;
• for three children – 50% of income.

The law also provides for the possibility of collecting funds necessary for the maintenance of minors in a fixed amount.

But this recovery is possible only in certain cases, namely, if:

1. the payer does not have a stable income;
2. the payer is unemployed;
3. the income of the alimony payer is issued in foreign currency;
4. other conditions.

To independently try to calculate the amount to be recovered, you should know the amount of the father’s income. When the payer has two children, he is obliged to pay 33% of income. And when he has three or more children, then half of his earnings must be divided by the number of children.

It turns out that if a parent has three children, 16.6% (50/3=16.6) will be withheld from income for each minor. As a rule, minors born from their first marriage suffer.

After all, initially they were entitled to an amount equal to ¼ of the parent’s income, which is subsequently reduced when the father gives birth to a second, third and subsequent children.

For example: a parent’s income is 40,000 rubles, he must pay child support to three children. Withholding of alimony payments is carried out after payment of personal income tax (13%). Therefore, the calculation will be made from the amount of 34800. We calculate ½ of the employee’s income: 34800*1/2=17400. Child support will be calculated and withheld from this amount. For each minor the payment will be 5800 rubles. (17400/3=5800).

In this case, one should take into account the rule established by law that protects the interests of the payer himself. According to it, the amount of alimony payments collected should not exceed 70% of the payer’s income.

Different mothers

Everything is quite clear with the payment of alimony when minors are born from the same mother. Then the collected amount goes to one recipient, with whom all minors live. Retention is made on the basis of one document: an agreement or a court decision.

How to calculate child support for 3 children, but from different marriages? The amount of payments will be the same - 50% of earnings. Only the recipients will be different people (mothers with whom minors live). In this case, collection will occur on the basis of several documents. It can be:

• agreements concluded with all mothers of minors (then you will get three separate documents);
• independent court decisions to recover funds;
• agreements and court decisions (there may be, for example, one agreement to pay money to one child, and for the remaining minors the amounts are collected by court decision).

To recover money under a court decision, recipients must contact the judicial authorities with a corresponding statement of claim.

Procedural legislation establishes two procedures for considering these cases: writ and claim proceedings.

Read also: Work experience during maternity leave: from one and a half to three years, how it is counted

It should only be taken into account that consideration of the case by order is possible if certain conditions are met, including the absence of the need to involve interested parties.

Since the payer has several minors, when assigning cash payments to one of them, the interests of other minors will be affected.

On this basis, writ proceedings will not be applicable in these circumstances.

When considering a case, the court takes into account the number of minors to whom the payer is obliged to pay alimony. The court will have to make a decision in such a way that the interests of one minor are not infringed at the expense of the interests of another.

Payments stop

The law establishes cases in which the payment of alimony amounts is terminated:

1. when the child reaches the age of majority (eighteen years old);
2. in connection with the death of the recipient of funds;
3. in case of death of the payer;
4. upon expiration of the concluded agreement;
5. When does the adoption of a child take place?
6. when a child is recognized as legally competent before reaching the age of majority.

Is there a recalculation of the amount of alimony to be collected then? After all, the number of recipients of funds is decreasing.

Then, when two of several (for example, three) children cease, by force of law, to receive money for their maintenance (for example, they have reached 18 years of age), then the minor who continues to receive funds for his maintenance has the right to ¼ share of the payer’s income. Typically, an indication of an increase in the amount of alimony payments is contained in the writ of execution. Otherwise, the recipient of the funds will need to apply to the judicial authorities with the appropriate requirements.

Source: http://DamRazvod.ru/alimenty-lgoti/na-troih-detej-ot-raznyh-brakov.html

How not to turn the issue of alimony for three children from different marriages into a stumbling block? Features of collection

In life, maybe not often, but you can come across cases when a man has more than one dissolved marriage behind him, in which the spouses managed to have children.

Of course, he has alimony obligations to all his offspring. In addition, there are situations when a woman entered into a marriage relationship more than once, but in the end she was left alone with three children. The greater the number of children, the larger the amount of alimony prescribed by law.

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Amount of penalties

The legislation gives parents the right to independently decide on the payment of alimony without going to court . They can agree among themselves on all the terms of payments, including their amount, indicating this in a voluntary alimony agreement and having this document certified by a notary.

But not everyone resolves the issue this way. If the father refuses to provide financial assistance, then alimony can be forcibly collected through the court.

Art. 81 of the Family Code of the Russian Federation (FC RF) establishes the percentage of alimony payments ordered in court:

• for one child - one quarter of the payer’s total income;
• for two children - one third of the payer’s total income;
• for three or more - half of the payer's income.

IMPORTANT! When considering the specific circumstances of the case, the court may decide to change the amount of alimony up or down.

Alimony can be recovered from the payer not only in shared form, but also in a fixed sum of money.

If the spouses sign an agreement, then they determine this amount independently, and if the court makes a decision, then the amount is determined taking into account the financial situation of the parties and the interests of the children.

The court resorts to this form of payment in cases where it is impossible to collect alimony as a percentage of income.

Alimony for three children is established by law in a single amount ; it does not matter how many marriages were concluded.

So, as a rule, the court orders alimony for three children from different marriages in two types:

1. In a share ratio . Three children are legally entitled to half of the payer's income. This method is well suited in cases where the father of the children has a stable income, including official wages and other additional income. Payments can be collected in full from wages each month.
2. In the form of fixed monthly payments. If the father of the children does not have a regular income, then the best option would be to demand the court to collect child support in the form of a fixed amount. This will allow the mother to be sure that, regardless of the amount of income in a particular month, the father of the children will be obliged to pay the amount ordered by the court. In some cases, this form of payment even benefits the payer.

   Many fathers, including those with many children, do not at all strive to provide maximum support to their children, but, on the contrary, try by all means to hide their real income. And the amount assigned by the court will allow you to fulfill your alimony obligations to a minimum, without using real income.

ATTENTION! The law does not prohibit providing financial support to children in larger amounts than the court has ruled.

The law obliges parents to support their minor children, and it does not matter at all whether they were born into the same marriage or different ones.

The father of three minor children is obliged to give half of his income for their maintenance, unless there is another agreement between the parents.

If parents themselves determine the amount of financial assistance, then the interests of each child must be taken into account.

Read here about what percentage of income is alimony for three children, and from this article you will learn how to determine the amount of alimony for a third child.

How to divide?

When distributing cash payments, not only the interests of the recipient must be taken into account, but also the norms prescribed by law . For example:

1. If the father of three children agrees to voluntarily provide financial support and decides to sign an alimony agreement with his wife (spouses), then the amount that will be paid as alimony, in accordance with Art. 103 of the RF IC, should not be less than 50% of his total earnings.

   That is why notaries sometimes ask to provide a document confirming the payer’s income in order to verify the legality of the amount specified in the agreement. If the issue of collecting alimony is decided in court, then, as practice shows, the court makes a decision on equal distribution of the amount among all children.

   REFERENCE! In special cases related to the financial situation of one of the parties or health conditions, the amount of alimony may be assigned in a different amount.

2. If a father with many children has three heirs in one marriage, then the entire amount of alimony required by law will be transferred to one recipient. That is, 50% of the alimony payer’s income will go to a mother with three children. But if there were several marriages, then the recipients will be different, and half of the father’s income will have to be divided among everyone. The financial situation is changing significantly.
3. So, if there were three marriages, then each child will receive only 16.6% of the father’s income. Since the marriages could not all be concluded at the same time, the mothers of the children will file claims one by one. And if payments in the amount of 25% of the father’s income were initially assigned to the first child, then when the other two spouses go to court, their amount will be reduced.
4. There may be other circumstances when a woman has three different marriages in which she gave birth to one child each. Then each father will have to provide financial support to his child.
5. If men have no other alimony obligations, then each of them will be required by law to transfer 25% of their income.

Paperwork

These may be writs of execution issued by the court, alimony orders, or a combination of both. In order to compulsorily collect alimony, the mother files a claim in the magistrate's court . The document is drawn up in accordance with the requirements of Art. 131 of the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation).

The items specified in this article must be displayed in the application. The claim must be submitted in writing. It can be sent by mail, or delivered in person by contacting the court office.

IMPORTANT! The plaintiff himself chooses the place of appeal. He can submit documents at his place of residence, or at the place of residence of the defendant.

Registration of alimony consists of several stages:

1. first of all, it is necessary to file a claim demanding the collection of payments from the child’s father;
2. prepare a package of documents necessary for consideration of the case in court;
3. submit an application with documents to the magistrate's court;
4. appear at the court hearing, where a decision on the case will be made.

Particular attention should be paid to the correctness of the statement of claim . The document must contain the following information:

1. Name of the judicial authority.
2. Information about the applicant and defendant in the case (full name, address, telephone number).
3. A clear description of the situation.

   The text of the document must indicate the date of marriage and divorce, the date of birth of the child, information about other marital relationships, and about the fulfillment of alimony obligations by the defendant to other children.

4. The applicant indicates the desired amount of payments and the procedure for their implementation.
5. Since additional documents are submitted along with the claim, their list must be indicated in the application.
6. At the end, the applicant puts a personal signature with a transcript and indicates the date of application.

ATTENTION! If the defendant already has alimony obligations, then the amount in the claim must be indicated taking them into account.

That is, for example, for the third child from a second marriage, the applicant can claim an amount of 16.6% of income. Half of the payer's income is divided among all offspring in equal parts .

If the documents are prepared correctly, the application contains all the necessary information and is drawn up without errors, then the court begins proceedings in the case. Since the mothers of other children are also interested in the decision made at the trial, they can also be present at the court hearing.

After the appointment of the fulfillment of the next alimony obligations by a father with many children, the amounts of payments previously paid to previous spouses with children will change.

At the meeting, all the circumstances of the case will be discussed in detail, including the financial and marital status of the parties, after which the court will make a decision on the amount of alimony and the procedure for its payment, which will be reflected in the writ of execution.

It is a document that allows you to collect established payments from the alimony payer.

How to pay?

A father with many children pays alimony to each child separately . Payments are made in accordance with executive documents, which specify the amount and procedure for payments. Most often, the recipient provides his bank details, where the amounts required by law are sent. If the writ of execution was transferred to the accounting department of the enterprise where the payer is employed, then all payments are debited from his salary automatically. Alimony payments are written off after payroll taxes are withheld.

If the payer does not evade fulfilling the obligations established in court, then he can transfer the amounts of money to the recipient, if this procedure suits both parties. It does not matter how many times the marriage was concluded and how many children were born in each of them.

If a man was married three times, and each of his wives gave birth to a child, then he will be obliged to fulfill his obligations to support each of the children. The more heirs he has, the larger part of his income he will have to pay for alimony.

Source: https://urexpert.online/semya-i-brak/alimenty/raznovidnosti/na-3-detej/ot-raznyh-muzhej.html