Alimony for children from different marriages: two, three, what percentage

The issue of child support is a sore subject for both the mother and
father of the children.
Divorce today is not at all uncommon. The law does not limit the rights of citizens in this regard: you can get divorced as much as you like.
But he defends the rights of children, who suffer the most due to divorce.

Thus, alimony is
a benefit for the maintenance of a child, which is obliged to be paid by the family member who
will live separately after the divorce.
Divorce can also be filed in marriage if the spouse refuses to voluntarily support the children.

Let us consider in detail what
alimony is due for children from different marriages.

How is child support calculated for children from different marriages?

The main provisions on the payment of alimony are regulated by Articles 80-81 of the RF IC.

If a man has several children from different marriages, or from the same marriage, the law prescribes equal distribution of alimony among all offspring.

Payments will be assigned as a percentage. You can agree on a fixed amount with your spouse separately by drawing up an agreement.

Important! Child support deductions from wages may be less than or equal to 50%. The court cannot award an amount that exceeds half the man's salary.

The exception is the case when the father of the children voluntarily agrees to transfer a larger percentage in favor of the children.

Article 138 of the Labor Code of the Russian Federation states that in this case the amount of alimony may be less than or equal to 70% of the total income of the alimony payer.

Methods for transferring alimony

A man can negotiate an agreement with his ex-spouses. Even if a lawsuit was previously filed in court and a writ of execution was received, it can be withdrawn.

To do this, it is enough for the spouse to write a statement to the bailiff who is handling this case.

The agreement on the voluntary transfer of monthly benefits for each child is regulated by the participants: it is concluded between the children’s parents and certified by a notary.

The document has the same legal force as a court order: Art. 109 RF IC.

This method is simpler and more understandable. The agreement is drawn up by the parties and signed. A woman can appeal it in court if she considers that payments need to be increased.

She can also simply renew the agreement for a new amount, if so, then the alimony payer will agree.

Download the alimony agreement. [14.65 KB]

Child support calculator

Alimony by court decision

Agreements are concluded quite rarely. In our country, spouses more often turn to court for help. Often fathers refuse to pay child support, go into hiding, and create obstacles.

For this purpose, there are separate articles of the law that today allow not only to impose fines on persistent defaulters, but also to deprive them of the opportunity to travel abroad and the right to drive transport.

You can also receive a more serious punishment in the form of a prison term or correctional labor. Also, a persistent defaulter may be deprived of paternity.

When a man has several children, the court will oblige him to pay 16.6% for each of the two children. Payments for one child will amount to a quarter of a man’s total income. For two kids - 33%.

This is a standard calculation for a father with many children. It doesn’t matter whether these children are in the same family or in different ones. The court will not be able to oblige the alimony payer to give away more than half of his income.

There are situations when a mother is interested in what the amount of
child support will be for several children from different fathers.
Here the calculation is made based on the position of the children's fathers.

Claim for collection of child support. [39.00 KB]

Alimony for two children from different marriages.

Let's say a woman has two children from different marriages. The father of her first child has no other children.

The court will oblige him to pay 25% of all income monthly. The father of the second child has another child in another family. In this case, the court will assign him payments of 33% of his salary.

This 33% will be divided between two children. If previously a husband paid alimony for one child in the amount of 25%, now, when a woman applies for alimony for his second child, 33% will be written off from the man’s salary.

Payments for the first child will be reduced in favor of the second: both children will receive 16.6% of the father’s salary monthly.

Alimony for 3 children from different marriages will be calculated based on the rule: 50% of the father’s income is the maximum deduction for child support.

The amount of alimony for 3 children is, in shares, from different marriages.

On what income is alimony calculated?

What should be taken into account to calculate the approximate amount of alimony? Many women try to make calculations on their own to understand how much they will receive.

This is natural, we all plan our income. But we must not forget that payments will be made by an accountant, and he will be guided by a court order.

The order will be sent to the accounting department by the bailiff who supervises the alimony payer’s case. Therefore, all independent calculations will be very approximate.

Alimony is calculated on all types of earnings: Resolution No. 841 of July 18, 1996 contains a complete list.

Exceptions include bonuses and additional payments for overtime, creative fees, and payments for treatment if the husband is injured at work. Other types of income, including vacation payments, will serve as the basis for contributions in favor of the child.

Important! The amount of alimony for children from different marriages will differ; even the court will prescribe the same percentages for them.

It depends on how many days a man worked in a certain month, what his initial salary was, whether he took vacation at his own expense, or whether he took sick leave.

Moreover, child support from one father will differ in amount in different months for the same reasons:

• Fines.
• Vacation.
• Sick leave.
• Number of shifts worked per month.
• Various types of allowances.
• Increase or decrease in salary.
• Dismissal.

Conclusion

It is difficult to predict what amount will come to the card. If a woman has questions about payments, she should contact the accounting department at her husband’s place of work, where calculations for alimony payments were made.

The accountant will explain why the amount is exactly that. If a man has a second child, payments will be reduced in his favor as a percentage.

Source: https://pravasemei.ru/alimenty/alimenty-na-dvoih-detej-ot-raznyh-brakov/

Alimony for 2 children from different marriages, how is alimony divided for two children from different marriages

Home / Alimony / Alimony for 2 children from different marriages

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Collecting alimony for 2 children from different marriages is not uncommon, but it is not a standard procedure, and therefore often raises questions among parents.

We will answer most of the questions asked in this article.

How much should a father pay child support if he has several children born in different marriages? How is the total amount of child support divided between children? In what order are payments collected for two children from different marriages? We will also look at examples of calculating monthly payments, and if you still have questions, you can ask them directly to our lawyers.

Methods of paying alimony

Before we proceed directly to the issue of distributing financial support between children from different mothers, we need to remember the methods of collecting alimony - after all, in practice one of them is used.

Percentage of parental income

If the father is employed and receives a permanent salary or has other permanent income (profit from business, pension, student scholarship, social benefits), alimony is assigned as a percentage of income:

• 25% - for one;
• 33% - for two;
• 50% - for three children.

Collection of funds occurs after withholding income tax (13%) from wages (other income).

As parental income increases, the amount of alimony increases proportionally.

Fixed amount

If the father is not employed, if his income is unstable (for example, seasonal or depends on the success of business activities), if his income is expressed in kind (food, consumer goods) or in foreign currency, collecting alimony in the form of interest is difficult or impossible , a constant (fixed) amount of monthly payments is assigned.

How is the permanent payment amount determined? It depends on factors such as the needs of the child, the court takes into account the child’s usual lifestyle), as well as the financial capabilities and marital status of the parent (according to paragraph 2 of Article 83 of the RF IC).

When assigning a fixed amount of alimony payments, the minimum subsistence level (regional or federal) for a minor child is taken as a basis. As the cost of living increases, the size of payments also increases (through quarterly indexation).

The procedure for collecting alimony for two children

There are two possible procedures for collecting alimony payments:

Parents themselves agree on the amount and method of payment of maintenance by concluding and notarizing a child support agreement.

If the father agrees to provide for his children, he can enter into a separate child support agreement with the mother of each child.

In the agreement, parents can stipulate the amount and method of payment of maintenance, as well as other important provisions.

An agreement certified by a notary is endowed with the force of a writ of execution - if the father ceases to comply with its terms, the mother will be able to demand forced execution through the FSSP authorities.

It is unacceptable to change or terminate the alimony agreement unilaterally. All disputes and disagreements between parents must be resolved peacefully, through negotiations, and if this is not possible, through the courts.

• It is possible that the amount of child support payments may vary for different children - it all depends on voluntary agreements between the parents.
• For example,
• The eldest son from his first marriage is often sick and has special needs, so the father allocates a larger amount for his maintenance than for the maintenance of the younger son from his second marriage, whose parents and new husband also help his mother support him.

However, the parenting agreement must not place the child in a worse position than provided for by law, and no child should receive less payments than the court would order. Otherwise, the document may be declared invalid.

If reaching an agreement on child support issues is impossible, the parents can file a lawsuit.

The law does not provide for any special judicial procedure for collecting alimony for children from different marriages. Each case is considered in accordance with the general procedure.

The mother of the first child files a lawsuit and asks to collect alimony from the father, the court considers the case, and, depending on the circumstances, makes a decision/order to collect 1/4 of the father’s income or a fixed amount.

The mother of the second child does the same and also receives a court decision/order to collect alimony - 1/4 of the father’s income or a fixed amount.

In turn, in order to reduce the total amount of penalties, the father must independently file a claim in court to reduce alimony, and bring to the court information about current court decisions/orders and alimony agreements.

As evidence of the maintenance of another child, the father can cite: a child support agreement or a court decision/order, as well as extracts, receipts for money transfers, postal receipts, receipts from the mother for receipt of money.

For more information about the procedure for reducing the total amount of alimony payments, see the articles “Alimony for a second or third child in another marriage” and “Reducing the amount of alimony.”

At the same time, reducing the total amount of alimony payments is the right, not the obligation of the father. The father may well fulfill his obligations under various court decisions/orders, and not ask the court to reduce payments. It all depends on his financial capabilities and desire to support his family.

How is child support divided for two children from different marriages?

So, the main rule applied when assigning financial support to children born in different marriages and living in different families is equality. One child cannot take precedence over another and receive a higher percentage or a larger fixed amount than another child of the same parent.

Amount of alimony for two children from different marriages

So, according to Art. 81 of the RF IC, a quarter of parental income must be withheld for the maintenance of one child. Does this mean that if a parent has two children, then each of them will receive 25%? No, because then the total percentage of deductions will be 50%.

Since Art. 81 of the RF IC provides for a withholding of 33% for the maintenance of two children, therefore, each child should receive 16.5%.

In addition, the amount of alimony, assigned as a percentage or fixed, is also influenced by other factors:

The maximum allowable amount of deductions from wages (or other income) is 50%. This means that if the payer has other dependents (for example, a third child is born, a pregnant wife or an elderly mother requires support), then half of the income will have to be divided among everyone. The previous amount of child support will be reduced - at the request of the payer.

• Average salary in the Russian Federation.

This indicator is used if the alimony payer is unemployed, is not registered with the Employment Center, and cannot provide information about his previous place of work and amount of income.

established in the Russian Federation or in the region of residence of the recipient of alimony. As mentioned above, this indicator is used by the court when assigning alimony in a constant (fixed) amount.

• Work ability of the alimony payer.

Disability (combined with financial need) is a good reason for reducing payments. You can read more in the article “Do disabled people pay alimony?”

• Availability of additional income

or income-producing property. When setting the amount of alimony, all sources of income of the payer are taken into account, including dividends, rent, interest on deposits and others.

The amount of alimony penalties does not depend on the number of registered marriages and extramarital relationships.

Both children born in wedlock and illegitimate children can equally claim financial support from their father. It is only important that paternity be recognized voluntarily or established in court.

Read also: Agreement on payment of child support: sample, size

Example 1

After the divorce, the father paid child support in the amount of 25% of the teacher's salary. Without remarrying, the man acknowledged paternity of his second illegitimate child. The mother of the newborn daughter also filed for child support and received a court order to collect 25% of her earnings from the father.

The father filed a lawsuit to reduce alimony payments, and the court, having studied all the circumstances, recovered from the father a total of 33% for two children (16.5% for each).

Examples of calculating alimony for two children from different marriages

Let's look at other clear examples of how the amount of alimony is calculated and assigned for two children born to different mothers.

Example 2

A woman is raising two children from different men. She receives alimony for each child, but the amount varies. The father of the eldest daughter pays 25% of the manager’s permanent salary, which is 4,500 rubles, the father of the youngest son pays a fixed amount of 3,000 rubles, since he does not have a regular income.

Example 3

The divorced parents agreed on the maintenance of their joint 10-year-old son and entered into an agreement according to which the father is obliged to transfer a monthly amount of 5,000 rubles to the mother’s bank account.

In addition to these payments, the man was obliged to pay alimony for his eldest 16-year-old daughter from a previous marriage - 25% of his salary, which amounted to 4,500 rubles.

Based on the circumstances, the father could file a lawsuit and ask to reduce the amount of alimony for his daughter to 16.5%, and assign alimony for his youngest son - also in the amount of 16.5%.

In this case, the total percentage of alimony would be 33%, which would be 5,940 rubles - 2,970 rubles for each child.

However, the father decided to fulfill his obligations in accordance with the initial court decision and the alimony agreement concluded with his second wife.

Example 4

The man has two children from different women. Both mothers sued for child support. The courts, which did not have information about the father’s marital status, twice imposed penalties of 25%. As a result, their total amount was half the father’s income - 30,150 rubles (15,075 rubles for each child).

However, the father filed a lawsuit and achieved a reduction in the amount of penalties to 33% (16.5% for each child). After satisfying the claim and recalculating the amount of payments, the total amount was 19,899 rubles (9,949 rubles for each child).

Example 5

The woman filed a lawsuit for divorce and recovery of maintenance for two children - a joint daughter and her son from the first “civil” relationship, whom her husband raised and supported as his own. The court collected from the man only 25% alimony for their joint daughter, and refused to allow the woman to collect alimony for her eldest son, who is not the payer’s own.

The examples given above are only the simplest and most common options for calculating and collecting child support. In legal practice, there are also much more complex cases that require an individual approach and detailed analysis.

In general, the judicial practice of collecting alimony payments for two children from different marriages is developing quite predictably - the court meets the payers halfway, but also monitors the observance of children's rights. The final decision of the court depends on a comprehensive study of the circumstances of the case, as well as on how convincing the arguments and evidence of each party - the recipient and the payer - will be.

If you have any questions, if you need personal advice or even full legal support, from analyzing the situation to filing a lawsuit, write to us via chat or call the hotline. Our lawyer will advise you free of charge.  

Source: http://law-divorce.ru/alimenty-na-2-detej-ot-raznyh-brakov/

Alimony for children from different marriages in Russia

Legal basis

Issues of financial support and distribution of alimony between children from different marriages are regulated by Articles 80-81 of the RF IC . The main principle of calculation is the equal distribution of the legal portion of income among all children from different marriages. That is, payments should be the same, regardless of age (up to 18 years), social and financial status.

The peculiarity is that with the birth of each subsequent child and subsequent divorce, each of the recipients suffers financially. The more children who receive payments, the less assistance they receive in monetary terms.

The legislator has established how much interest a parent must pay on total income:

• one child – a quarter of income;
• two children – a third of financial income;
• three or more descendants – half or more.

That is, if, for example, a man is required to pay child support for two children from different marriages, each child accounts for one sixth of the income, which in total amounts to 33% for two.

Alimony for four children from different marriages (or more) should not exceed in total the withholding of 70 percent of the payer’s total calculable income. The legislator reserves the right to independently use 30%.

This is the minimum contribution amount. At their own discretion, the father or mother who is entrusted with the corresponding responsibility may increase the amounts.

Payment methods

The legislator provides several ways to pay alimony to children from different marriages . The basis may be the law or an alimony agreement.

The voluntary agreement is certified by a notary and includes provisions, at the discretion of the parties, on the amount, procedure, methods of payment or alternative assistance.

The agreement should not contradict the interests of the child and the general provisions of the law.

An alimony agreement on the basis of Article 109 of the Civil Code of the Russian Federation is equivalent in legal force to a writ of execution, that is, it is a writ of execution for debt collection.

Practice shows that interest payments are most often established by a court decision, and a fixed monetary value is relevant for alimony agreements. But there are also exceptions. A fixed amount of payments applies if:

• the parties agreed on payment in kind (things, equipment, products, medicines);
• the payer does not have a permanent place of work and stable income;
• settlement with the payer is carried out in foreign currency;
• the schedule is dominated by unofficial work and “envelope” wages.

If the payer is unemployed, this does not relieve him from the obligation to support children and from criminal liability in case of malicious evasion. In this case, alimony payments are established based on the average subsistence level in the region.

Magistrate's decision

If legal relations are not accompanied by conflicts and controversial issues, the procedure for establishing alimony payments is carried out through a magistrate. The basis for requesting a court order is an application to the magistrate, submitted at the place of residence of one of the parties.

This scenario is possible if there is no dispute about maternity or paternity, as well as other burdensome circumstances. For example, if a man is obliged to pay alimony for three children from different marriages, but he does not know their place of residence, or his ex-wives abuse their parental rights and do not allow them to see the children.

Appealing to a magistrate is a hassle-free method that does not involve court hearings. The order is issued no later than 5 days from the date of application and represents a writ of execution.

The court order will be revoked and recognized as an unjustified remedy if the payer does not fulfill the obligation within 10 days from the date appointed by the order. In this case, the issue of recovery should be transferred to the level of claim proceedings.

Performance list

The amount of alimony payments may be established by a court decision, on the basis of which a writ of execution is issued. This is preceded by a full-fledged lawsuit with the parties arguing their positions, providing a sufficient evidence base, and, if necessary, attracting witnesses to testify.

• Objective and subjective circumstances, such as the behavior of the payer, the presence of hidden income, health status, force majeure, abuse of parental rights by the mother of the children, and other significant factors can serve as a basis for changing the amount of alimony.
• The court may come to the conclusion that it is necessary to increase alimony payments compared to the percentage range established by law, or, conversely, reduce the amount of obligations.
• A reduction in payments may occur if:

• the payer received disability of the first or second group;
• all or some of the children from different marriages are fully supported by the state, and the second parent does not spend money on their maintenance;
• one or all children have property, the income from which significantly exceeds the amount of alimony payments;
• there was a significant decrease in wages and the amount of other financial income;
• the payer has increased the number of dependent persons (for example, another child was born).

It is important to take into account that the abolition and change of these circumstances entail an increase in the amount of payments in the interests of the child.

The percentage of child support payments decreases in relation to each child when new children are born.

Distribution order

The amount of child support for children from different marriages will not always be the same.

For minors with one biological father, the rule of Article 81 of the RF IC , according to which each child receives 1/6 of the share.

Children from different marriages each from their own father will receive either a quarter of the income if the payer has one child, or a sixth if the father has two or more children.

The determining factor in the amount of alimony is the income of the payer. Therefore, in practice there are often situations in which a woman with several children receives a much larger amount for one of them than for the second.

Alimony for children from different marriages must be issued to each recipient separately. Regardless of which marriage a child is born into, all children have the same rights guaranteed by the state. Priority in favor of one recipient while infringing on the legal rights of other children is unacceptable.

Participation in the maintenance and upbringing of children is a constitutional duty, neglect and non-compliance with which entails legally negative consequences, including deprivation of parental rights.

Source: https://legal03.ru/alimenty-na-detej-ot-raznyh-brakov-v-rossii/

Alimony for 2 children from different marriages, how is alimony divided for two children from different marriages

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Financial support for minors is assigned by law to the father and mother in equal amounts. The parents' separation does not exempt the father from providing financial support for the children. The Family Code establishes the minimum amount of withheld funds, while the maximum is limited either by the income of the payer or by a fixed amount.

They are provided both if the payer has children from the same woman, and in the case of children born from different relationships.

But how is a monetary payment assigned to a child if the father is already the child support provider for his son from the first family?

Alimony for two children - general conditions

Financial support of minor children by a parent who lives separately is called alimony. The rules for the deduction of funds are regulated by the Family Code.

The funds are transferred to the mother's nominal account. She is obliged to spend the payments on purchasing necessary things, toys, clothes for the minor, and also use them for the maintenance and education of the minor.

The basis for withholding amounts of material support is:

• Agreement between parents on the procedure for maintaining the child (as well as the procedure for communication, place of residence - optional). A personal agreement between mother and father, expressed in writing and certified by a notary. It assumes the presence of a fixed amount of payments and their frequency, as well as the establishment of other conditions, for example, one-time payments, transfer of property, grounds for termination. The agreement cannot establish alimony in an amount less than the child would receive according to the law.
• Writ of execution or court order. Issued by a court, based on a court decision or court order. It is transferred by the applicant for forced retention to the bailiff service or the accounting department of the enterprise.
• Unofficial and voluntary payment. It is not regulated by anything other than the conscience and agreement of the parties. It is used rarely and only when maintaining normal relations between parents. In the event of a unilateral refusal of either parent to comply, it will not be possible to recover or prove anything for previous periods.

The basis for withholding alimony is established at the request of the payer. A citizen can pay funds for one son by agreement, and for another - by court order.

If the payer and the collector were able to find a common language on some content, then the law only provides in this case a lot of ways to resolve the agreement.

You can seek the help of a professional lawyer who will explain all the nuances of forced and voluntary collection of alimony.

The procedure for calculating payments for two children

Alimony in general can be collected both as a share of all types of income of the payer, and in the form of a fixed amount established taking into account the cost of living and income level.

Each of them has its own disadvantages in relation to the collection of alimony for two children from different marriages.

1. Percentage. 1/3 or 33% of all types of parent’s monthly earnings. It is widely used, but has a number of disadvantages. The identification of additional income is entrusted to the bailiffs, who usually approach the problem formally, and the total amount collected is divided in half between the two children. As a result, the minor receives only part of the possible payment if the payer’s income is “gray” or periodic and unofficial.
2. Solid. An amount that is a multiple of the minimum wage. It is established at the discretion of the court, as well as in cases where the payer does not have a permanent and official income. Subject to annual indexing. Less common option. Applicable to entrepreneurs and people with seasonal or irregular income.

The maximum total amount of payments withheld in court cannot exceed 50% of all types of income. Child support for 2 children, if there is an agreement between the father and mothers of minors, may exceed the amount established by law.

Read also: Young family program 2020-2021: conditions in Moscow and Moscow

How is child support divided for two children from different marriages?

Every minor has the right to financial support, regardless of whether he was officially married or not. The number of children receiving payments from one father is also not limited by law.

The only condition on financial assistance provided to a child is that there is a limit on the maximum amount of withholding. The court cannot recover funds exceeding half of the payer’s total income.

At the same time, a man has the right to enter into an agreement with each mother of his children. The amount is determined by the parties independently.

• If an agreement on the monthly financial support of her son is not reached, the mother of the minor goes to court. Money is recovered from the first son in the amount of ¼ of all income of the alimony holder.
• When applying for financial support from another woman, the payment is also assigned in the amount of ¼ of the salary and other income of the payer.

To reduce the total amount of payments to 33%, a citizen must independently bring to the court information about the current court decision to collect alimony from him. If the first wife did not send the document to the bailiffs or the accounting department, the court in any case will not refuse to reduce the payment amount.

Important! A reduction in the amount of alimony or the collection of financial support for a second child, resulting in a decrease in the funds transferred to the first, is considered exclusively through legal proceedings.

If funds for the first son are transferred by agreement, then for the second son the court awards alimony in the amount of ¼ of the defendant’s share of the income. However, if there is an agreement, they can subsequently be brought in accordance with the law and reduced to half the amount of 1/3, i.e. up to 1/6 share of all income. For more details, see “Alimony for the birth of a child from a second marriage.”

An example of calculating alimony for two children from different marriages

The calculation of the payment differs depending on whether the citizen receives financial assistance for the maintenance of children or pays it.

Option 1. A woman has two sons from different men. For each of them she receives financial support. The size of each amount depends solely on the capabilities of the child’s father.

The law does not establish a maximum amount of alimony received. Alimony is paid voluntarily by each man, while the woman does not check whether the father paid an amount greater or less than what the child would have received forcibly.

This is a rare and healthy option for a child support relationship.

Option 2. A man has two children from different wives. Money was collected for each minor.

The courts of different districts set the total amount of payments - 50% of the father’s income (¼ for each son according to a separate decision). If a man applies, the amount will be reduced to 33% (⅙ each).

With a salary of 30 thousand rubles (30,000 * ⅙), he will send the children 5 thousand rubles monthly.

Option 3. The parents of the first child agreed on a fixed payment of alimony, having the agreement certified by a notary. According to the agreement, the man is obliged to pay alimony in the amount of 5,000 rubles for a child from his first marriage.

At the same time, child support from his second wife was collected from him in the amount of ¼ of all types of earnings. If he simultaneously collected alimony for two children, he would pay 1/6 of his income.

The man has a choice - to demand a reduction in the amount of alimony through the court with reference to the executed agreement, or to leave everything as it is.

These are just some of the possible common situations in which fathers pay child support for children from two different marriages. In practice, there are much more complex situations, but it is better for both payers and collectors to focus on the following criteria: for each child, more than 1/6 of all types of earnings cannot be recovered if there are two children.

If child support is collected for only one child, what should you do?

Payment of funds by the father of the child can be made either by court decision or voluntarily. The law does not oblige the mother of a minor to go to court. Parents have the right to agree verbally or enter into an agreement.

If the father has a second child, the man has the right to refer to the first son in court proceedings to reduce the amount of payment. The first spouse can be brought in as a witness. As evidence, checks and receipts from the account of the first spouse with notes on making monthly payments are attached. The amount of payment for the second child will be reduced by the court to ⅙.

You can change the amount of alimony either directly during collection or after submitting the writ of execution to the accounting department of the enterprise. The payer initiates a change in payment by filing an application with the court that issued the document. The mother of the minor is indicated as the defendant.

If alimony for the first son was replaced by offset of large property, for example, a share of ownership of an apartment, then it will not be possible to reduce the amount of financial support for the second child.

IMPORTANT: Bailiffs cannot independently change the amount of alimony collected without a court decision. Only the court can make changes to the procedure for collecting alimony and its amounts.

The distribution of alimony between children from different marriages is possible at the request of the father. If information about the existence of a second writ of execution is not brought to the attention of the court, then the decision is made at the rate of ¼ share for each child. In this case, the father has the right to both demand a reduction and leave everything as it is - it depends on his financial support and desire to help his children.

Need a lawyer

If you still have questions about calculating child support for children from two different marriages, ask our lawyers via the hotline completely free of charge. Qualified advice from experienced family lawyers will help to correctly arrange alimony for two children for payers and organize effective collection for recipients.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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About alimony for children from different marriages: for two, what percentage, how they are divided

For various reasons, one of the parents leaves the family. More often this is a man (father), as a result of which the entire burden of providing for and raising children falls on the shoulders of the mother. A citizen creates a new family, children are born. The marriage breaks up again, the woman joins the list of single mothers. The man will have to pay alimony to both his first and second ex-wife.

Alimony for two children

According to the laws of Russia, after the dissolution of a marriage, children together have the right to financial assistance from the second parent, who no longer lives in the family. Maintenance of a son or daughter is carried out until adulthood, or until he turns 24 years old (subject to full-time education). More often, fathers become the payers of alimony, but it may also be the mother if the children do not live with her.

Sometimes there is an obligation to pay child support to the parent with whom the children remain. There are two reasons:

• My wife is on maternity leave and cannot go to work. In this case, child support will be paid until the child turns 3 years old.
• The son/daughter is seriously ill, is on disability and requires expensive treatment.

Alimony payments are regulated by the Family Code of the Russian Federation

How is the amount of alimony calculated for children from different marriages:

• Withholding a fixed amount from wages in accordance with the law.
• The percentage is calculated from the sum of all income of the father (mother). Tracking down the exact amount of monthly income is not easy - even if the defendant really wants to, he will hide his true financial situation. In fact, a percentage of the salary will be charged.

What income is taken into account:

• scholarship;
• various one-time incentives at work;
• pension;
• vacation pay;
• salary supplement;
• dividends received from owned real estate;
• business income;
• intellectual property.

What payments are not included in alimony:

• compensation by the employer for depreciation of the employee’s transport or tools;
• sick pay;
• benefits for caring for incapacitated relatives;
• travel allowances.

Child support for children from different marriages is paid in two ways:

• The voluntary agreement of the spouse to allocate a certain amount monthly to the mothers of children. An alimony agreement certified by a notary serves as a writ of execution. The father agrees to pay child support on his own initiative.
• Litigation based on the mother's claim.

Should all children be provided equally?

According to the Family Code, the amount of payments should be the same for everyone. A fixed amount is automatically deducted from the husband's salary. According to the law, a man is not supposed to show preferential treatment to the detriment of the mother of his second offspring. Alimony for two children from two marriages is calculated in equal shares.

By law, the father is obliged to provide for all children equally.

Important! The total deduction cannot exceed 50% of the man’s earnings. In exceptional cases, the father is forced to give 70% of his income to support the children. In any situation, at least a third of your earnings should remain for living expenses.

A common situation is a woman raising young children born from different men. She was luckier financially, especially if the ex-spouses did not start families and have a high income and “white” wages. She will receive a different amount of money for each child.

How much should I pay for two children from different marriages?

The standards of the Family Code of the Russian Federation imply withholding 25% of a man’s income in the event of the latter leaving the family. For example, with a salary of 40,000 rubles, 10,000 is charged from the ex-spouse.

When a man leaves his second family, having managed to have a second child, the situation changes. He has two minor children who need financial assistance.

What percentage will be the alimony for the second child from the second marriage? The minimum amount of alimony for 2 children from different marriages will be 33%, they will have to be divided at 16.5% per offspring. For example, the third part of 40,000 is equal to 13,000 rubles.

This amount must be divided between two children, each receiving 6,500 rubles per month.

Important! With the birth of a man’s next baby and the prospect of further divorce, the amount of payments will decrease. On his own initiative, the father can maintain the amount of contributions.

If a citizen already has two children from his first wife and is in divorce proceedings with his current wife, who has one offspring, then he must provide for three children. According to the law, in this case, 50% of the salary is charged. But the money will be divided like this: a mother of two children is entitled to 33%, and a mother of one – 16%.

Important! If a child support worker regularly helps one family, and another woman sues him, he needs to go to court. You will need to write an application to change the size of the “children’s”, because the number of dependents has increased.

If a man enters into another marriage and a baby is born there, he must file a claim to review the amount of alimony. The motivation in this case is new expenses for the family.

How much should I pay for children from different marriages under an alimony agreement?

Alimony for 4 children - what percentage

Not all spouses divorce with scandal and subsequent enmity. Modern couples are adopting Western trends - a civilized dissolution of the union while maintaining normal communication. A spouse, even an ex-spouse, does not refuse to support his son or daughter. He is aware of the responsibility and does not deny the obligation to provide material support.

In this case, there is no need to go to court. A man voluntarily enters into a child support agreement with the mother of each child. This is an agreement that specifies the period, amount and method of payment of alimony.

The amount of the “children’s” payment is negotiated by the parties individually. This can be any amount, but it should not be lower than the minimum established by law (25% of wages if there is one child, 33% for two offspring).

In court, the father is given a writ of execution, which specifies the amount for each of the children.

The parties may come to different results: the mother will receive a fixed amount, or a percentage of the father's monthly income. In addition to money, the contract can indicate voluntary assistance in another equivalent: purchasing food, clothing, covering the costs of a tutor/course/section, sponsoring a vacation trip, etc.

An alimony agreement has the same legal force as a court decision. It clearly states all the conditions and is certified by a notary. If the father begins to evade voluntary payments, the woman has the right to go to court.

Each parent can demand an increase in payment by going to court. When reviewing the size of the “children’s”, the court evaluates the financial condition of the parties (improvement or deterioration of financial situation). After a detailed analysis of the situation, the amount of alimony may increase or become smaller.

Collection through court

Two fines for one traffic violation from different cameras

If the spouses cannot culturally agree on the maintenance of the child, the issue must be resolved in accordance with the law. Some fathers deliberately do not help their ex-family; sometimes the new spouse prevents their partner from participating in raising children from his ex-wife(s). The mother of the child(ren) must file a claim in court.

What information is included in the claim:

• The court where the application is filed.
• Information about the applicant (full name, address, contacts).
• Factual evidence of minor children (birth certificate, marriage and divorce documents).
• True information about the presence of other offspring of the faithful. It is not recommended to ignore this point, since deliberate concealment of data will lead to infringement of the rights of other children.

If the father refuses to voluntarily help the children, the case is considered in court

After the trial, the court will provide the defendant with a writ of execution, the information will be transferred to the father’s place of work. The accounting department will monthly calculate the established amount and distribute it among the ex-wives according to the court verdict.

Also, alimony for two children from two marriages can be calculated through the magistrate’s court. 5 days after submitting the application, the amount is assigned, and after another 10 days it is transferred to the mothers. The alimony recipient receives a writ of execution. It clearly states the percentage deductions for each family and the acceptable payment deadlines. This method is relevant if the parties have no claims against each other.

Alimony from an unemployed person

The father’s lack of a permanent place of work does not relieve him of the responsibility to support the children. The court will take the average cost of living in the region and determine the amount of alimony. If a man is at the labor exchange and receives benefits, the required minimum will be collected from him.

When a man does not have a regular income and does not receive social benefits, the problem becomes more complicated. Theoretically, you can track income from odd jobs and sue. But independent witnesses will be required to confirm hidden income.

Read also: Large families: age of children and number of children in Russia

Judicial practice shows that in most cases alimony is awarded in an amount equal to a certain part of the salary.

In any case, the court will establish an equal distribution of funds for all children. The amount depends on how high the standard of living is in the region.

If you have confidence in the integrity of the faithful, it is more profitable to enter into an alimony agreement and receive the agreed upon assistance.

Source: https://shtrafsud.ru/prochie-shtrafy/alimenty-na-detej-ot-raznyh-brakov.html

Alimony for 2 children from different marriages in 2019: what percentage

Obligations for the maintenance of minor children rest equally with both parents. It does not matter how many marriages children were born from. Collecting alimony from one father for 2 children from different marriages is quite common today, but at the same time this procedure raises many questions among parents.

Procedure for withholding alimony payments

Article 80 of the RF IC obliges each parent to provide financial support to the child. It does not matter how many marriages there are children from and whether they were born in a legal marriage. If a parent lives separately from his children, he is obliged to provide them with financial support. Money in favor of minors can be withheld as a percentage of earnings or as a fixed amount.

Retention percentage

If there is a permanent source of income, alimony maintenance is assigned as a percentage of salary or other income. Money for the maintenance of minors is withheld from all types of earnings: income from business, scholarships, pension payments, social and other payments.

Art. will help answer the question of how much percent is withheld for children. 81 family law.

Number of children Retention amount as a percentage 1 child 25% 2 children 33% 3 children 50%

This method of calculating monthly maintenance for minors is used when assigning alimony in court and when drawing up an alimony agreement. The table shows the minimum amounts of deduction; parents can agree on a larger amount of alimony.

In exceptional situations, the court may order the withholding of a larger amount (up to 70%). The remaining portion of the funds is intended for the alimony payer to satisfy the most important needs of life.

The maximum amount of alimony is recovered from the father if in the past he evaded parental obligations to support children. This amount of withholding will allow the man to pay off the alimony debt and transfer current payments.

If there are 2 children from different women, the child support payer should take into account that one child should not receive more money than the other. Moreover, the amount of payments for child support should not be less than what the court could determine.

In a situation where money is withheld for 2 children, 1/3 (33%) will be withheld from the payer’s earnings. Thus, each child will receive 16.5%.

The law determines that each child is entitled to at least a quarter of the parent’s total income. Such a share can already be withheld from the father for a child from the first marriage. In the future, if his next marriage breaks down, alimony payments may be collected from him again in favor of another child.

The total share of withholding from earnings in favor of children will be 50%, which is contrary to the law. In this case, the father will need to present to the court documentation confirming the existence of enforcement proceedings to withhold alimony payments in favor of the first child.

Based on the evidence presented, the court will reduce the withholding percentage to 33%.

What is income

Decree of the Government of the Russian Federation dated July 18, 1996 No. 841 determines that alimony payments are withheld from all types of income received from the labor activity of the alimony-obliged person:

• from bonuses for working above the norm, vacation pay, various bonuses (including for length of service), remunerations, additional payments due to difficult working conditions (with the exception of payments from government organizations in the event of the death of a relative, in a terrorist act, emergency, when paying humanitarian aid);
• from remuneration received in kind from the sale of goods at work;
• from funds transferred to the father as payment for rented property, royalties received for inventions, implementation of copyrights and other income.

Withholding in a fixed amount

In accordance with Art. 83 of family law, alimony payments can be recovered from a parent in a fixed amount. This retention option is used in the following cases:

• if earnings are paid in the currency of a foreign country;
• if labor is paid in natural products;
• with piecework wages;
• if there is no permanent place of work;
• when employed in seasonal work;
• when self-employed.

In this case, alimony for the 1st child, drawn up by a court decision or under an alimony agreement, may differ in size from the alimony collected for the 2nd child.

The advantage of this method of collecting alimony payments is that in the absence of regular income or concealment of income, the child receives a certain amount of money every month.

The negative side is that an increase in the earnings of the person liable for alimony will not affect the amount of alimony support for the child.

In addition, difficulties may arise with calculating the amount of alimony, disagreements with another alimony recipient regarding the amount of payments.

Wives who are carrying a child or are on maternity leave to care for a child up to 1.5 years old have the right to receive alimony payments in a fixed amount.

A parent caring for a disabled child under the age of 18 or a child with the 1st group of disability can demand alimony maintenance (alimony is paid for life).

The amount of alimony maintenance is determined in court, taking into account the financial situation of the parties.

Procedure for collecting alimony payments

Alimony payments can be collected voluntarily or compulsorily.

When choosing a voluntary procedure, the couple should independently determine the amount of alimony, the frequency and other conditions of payment. These facts are recorded in the alimony agreement, which is signed by the parties at the notary office.

If there are children from different marriages, their father can agree with each of the mothers on the amount of child support. The agreement should be legitimized by an alimony agreement. It can be compiled with each of the mothers.

The document must indicate information about the minors in whose favor the money will be withheld, the amount of transfers, their frequency, penalties, payment method (non-cash to a bank card or in cash) and other important conditions.

The document is signed by the parties in a notary office and certified by a notary. In this case, the agreement has the force of a writ of execution, on the basis of which the bailiffs will open enforcement proceedings against the father.

If the terms of the agreement are violated, the mother can go to court and recover money from the person liable for alimony through the FSSP.

The adjustment or termination of the alimony agreement proceeds in the same way as its initial drafting. All actions with the document must be agreed upon by the parties and certified by a notary. If one of the parents refuses to change the document, then the interested party should go to court.

Fathers can agree with mothers on different amounts of child support for children from the first and subsequent marriages. For example, from the first marriage there is a daughter with a serious illness. Additional funds are required for her treatment. Therefore, the amount of alimony for her and the child will be different from the next unsuccessful marriage.

But it should be borne in mind that each of the children has the right to the same amount of child support. It should not be less than what the court could assign. If this condition is not met, then the legality of the alimony agreement can be appealed in court, after which the document will be declared invalid.

Forced recovery through court

If the parents cannot agree on the payment of child support, then they should contact the court. The case of assigning alimony for minor children can be considered in the order of writ or lawsuit proceedings. As a result, the mother will receive a court order or a court decision.

The writ procedure is simpler and faster than the lawsuit procedure. The case is considered within 5 days without involving the parties. But the order can be canceled by the father. In this case, you will have to apply to the court with a claim. You should prepare for lengthy proceedings, so you need a good evidence base and a clearly developed position.

Each case of collection of alimony payments is considered separately. There is no general procedure for withholding money in favor of minors from different marriages.

The ex-wife raising the eldest child files a claim in court to assign alimony support. The court considers the case, listens to the opinions of the parties and assigns alimony in the amount of 25% of the salary.

In a similar way, payments are made in favor of a child from another marriage.

To ensure that half of the earnings are not withheld from the person paying alimony, another application to the court will be required. The father will need to provide the court with all child support agreements, copies of court decisions, orders, checks, receipts and other evidence of payments in favor of the children.

The father does not have the right, on his own initiative, to reduce the amount of child support for the children. Only the court can do this.

If the person obligated for alimony transfers less money, the missing amount will form a debt. Her father will be required to pay off along with the accumulated penalties.

But if there is a desire to help the children and sufficient income, then the man may not go to court to reduce the amount of alimony.

How to divide child support payments between 2 children from different mothers

Each child should receive the same amount of child support. But in life such conditions are often not met. Studying the situation from the side of the person obligated for alimony and the claimant of payments will help you understand the principles of calculating alimony maintenance.

If there are 2 or more children from different fathers, the mother should expect that the amount of child support for minors will be different. The amount of alimony will depend on the following factors:

1. The number of children born to each man.
2. The presence of other dependents of the former spouse. No more than half of the father's earnings can be withheld. Accordingly, when other dependents appear (3rd child, pregnant spouse, sick elderly parents), the amount of withheld alimony will be divided equally between all recipients.
3. The presence of reasons for the person paying alimony to reduce the amount of alimony in favor of minors (serious illness, disability, etc.).
4. Some of the offspring may need money more than others.
5. Average earnings in the country. It is used if the person obligated for alimony does not have a permanent job and is not listed as unemployed in the Central Employment Service.
6. The value of the subsistence minimum in the subject of residence or in the country is used if alimony maintenance is assigned in a fixed amount.
7. Availability of secondary sources of income. In addition to wages, alimony payments are collected from other sources of money: interest on accounts, dividends, rent, etc.

Calculation example

The man has a minor daughter from his first marriage. Her mother filed a claim in court for child support. The father's monthly income is 55,000 rubles. per month. The court makes a decision to assign alimony for the daughter in the amount of 25% of income, which is 13,750 rubles.

After marrying another woman, a man has a son. His mother also files a claim in court to withhold alimony from the father for her son. Due to the fact that mothers’ claims are considered in different legal proceedings, the court may also assign alimony maintenance in the amount of 25% of income for the 2nd child.

In total, 50% of the father’s earnings will be withheld for 2 children (RUB 27,500). To reduce this amount to 33%, the father will need to go to court with a corresponding claim and evidence confirming the appointment and payment of alimony for the 1st child.

If the claims are satisfied, only 33% of the father’s earnings will be withheld, which is 18,150 rubles, that is, 16.5% (9,075 rubles) for each child.

This loophole in the law provides an opportunity to reduce the amount of child support for an older child. The second wife applies to the court with a request to assign alimony for a joint child, being in a marital relationship with his father. If the claim is satisfied, the spouse will retain in the family not 75% of the salary, but 83.5%.

If the father is unemployed

If a man does not have a permanent place of work, this will not be a reason for refusing to fulfill alimony obligations.

In this case, the court assigns a fixed amount of monthly alimony, depending on the cost of living in the region where the defendant lives. If the cost of living increases, then alimony payments also increase proportionally.

If the cost of living decreases, the amount of alimony maintenance remains unchanged (it is not reduced).

Arbitrage practice

Cases from judicial practice show that when considering cases of alimony for 2 or more children, the court proceeds from the interests of minors. The financial situation and life situation of the person liable for alimony is also taken into account.

After a detailed study of the circumstances of the case and hearing the arguments of the parties, the court makes a decision. Therefore, participants in legal proceedings should thoroughly prepare for the court hearing and correctly defend their interests. The outcome of the case depends on this.

Let's sum it up

Consequently, if the father goes to court to reduce the amount of alimony, each of the children from different marriages will receive 16.5% of the total earnings. You should not count on a large amount if there is no agreement with the person obligated to pay alimony.

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Source: https://pravovoiexpert.ru/alimenty/alimenty-na-2-detej-ot-raznyx-brakov/