Even the strongest marriage can crack. And now the couple is preparing documents to launch the divorce process. However, many find themselves in a difficult situation when it comes to dividing property. It is much more difficult for those who have children. What if there are three of them? What if there are four? In this case, how can you resolve the issue of alimony payments without conflicts and correctly calculate the percentage for each child? We asked an expert who answered each of these questions and more.
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The scary word “alimony” is actually not so scary
In our country, it is generally accepted that alimony is a mandatory payment for a child, which is allocated by one of his parents after a divorce. However, we immediately note that this is not only money, but also the responsibility of adults who decide to replenish their marriage. It is these funds that help the child grow up in a prosperous environment and feel the care that comes from each parent.
As a rule, payers are divided into two types:
• voluntary, who decided to make payments without pressure from the justice authorities; • unscrupulous people who not only hide their income, but also try in every possible way to hide from the child, without giving him a penny.
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But even such parents can be dealt with. But we'll talk about this a little later. First, let’s clarify who is eligible to receive payments. Thus, children receive child support until they reach 18 years of age. However, support for one of the parents can be lifelong if the child has a disability of the first or second group. It confirms its complete inoperability.
Also, alimony continues to be collected from the payer if his child was able to enroll in a full-time budget place at the university. In this case, payments are made until the child turns 23 years old.
Amount and amount of child support for three children
Let us recall the basics of family law on the “alimony” topic. The percentage of child support from the father's income is:
- 25% if there is only one child
- 33% for two (if children are from different marriages, the money is divided in half)
- 50% for three or more children
The exact amount of specific alimony is determined in each individual case, taking into account a number of additional factors:
- can income be documented?
- what is the general financial situation of the alimony payer, health status, family composition
- what is the general financial situation and health status of the parent receiving child support?
- does the child have special needs (we are talking about the state of his health)
- what standard of living did the children have before the divorce?
How much should children expect?
Let's imagine the best scenario during a divorce: the couple divides property equally, separates without scandals and agrees on the amount that one of the parents will allocate for the children within a certain time frame. However, such a model of events, unfortunately, is very rare.
Therefore, the court gets involved in the case. Judicial authorities, as a rule, determine the amount of alimony based on wages. According to Russian legislation, 1/4 of the salary of one of the parents is allocated for one child in a family, 1/3 for two, and exactly 50% of all income for three or more. It is worth immediately noting that alimony is paid exclusively from net income. That is, for example, from a salary of 50 thousand rubles you need to deduct 13% of personal income tax, and from the resulting amount alimony should be calculated.
If the payer does not have a permanent and official income, or does not have a job at all, then the court collects payments from the subsistence level, taking into account each child. In a conversation with our publication, lawyer Ruzanna Khanamiryan said that this amount in 2021 is equal to 14,900 rubles.
We also asked what to do when a parent left with three children does not have enough allocated amount of child support. According to the lawyer, in this case the state cannot provide support. Therefore, parents need to support their children together: if one of the parents does not have enough money, then the second one should also join in the financing and distribute the funds correctly.
Important!
“They will not exact anything from him beyond what is required. They won’t charge him more than 50% of his salary either, because a person also has to eat and drink something. It will be very difficult to collect more than the required amount.”
It is worth noting that Russian law specifies the minimum amount of alimony, which is equal to the minimum wage - 14,900 rubles. At the same time, the size of the maximum payments has not been established, so one of the parents can allocate large sums of money on a completely voluntary basis to ensure the well-being of their children.
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Child support from the moment paternity is established
The procedure for calculating monetary support when paternity is established follows a procedure similar to the assignment of alimony for all children. The accrual occurs from the date of registration of the statement of claim for recognition as the father by the court office, if this statement makes a demand for the collection of alimony.
If there is no such requirement in the application, then alimony will be accrued from the moment the claim for the assignment of monetary support to the child is filed in the general manner.
Important! When establishing paternity through the court, lawyers recommend immediately filing a claim for alimony, which will save a lot of time and get money faster if the claim is successful.
Procedure for registration of alimony
The simplest option would be for parents to agree on certain amounts to be allocated for their children. In this case, the potential payer must contact the accounting department of the company where he is employed and write there a statement about the need to withhold a certain amount from wages as alimony. In addition, the document states:
• start date of payments for children; • payment amount; • timing of transfer to the recipient's account; • recipient's bank details.
Also, a notarized document must be attached to the paper, which confirms that the former spouses have agreed to pay alimony and agreed on the amount. It is worth noting that payments can be made from once a week to once a year.
If the former spouses do not come to an agreement, then the dispute can be resolved in court. The justice authorities will issue all the necessary documents, which will indicate the amount due for payment of alimony. At the workplace, an application for withholding funds from wages is also drawn up, but a writ of execution or a court order is attached to it.
What to do if your ex refuses to support the children?
There are lucky people who manage to reach an agreement peacefully, without resorting to third parties.
Ruzanna Khanamiryan: “Of course, it’s possible to do without a trial. If the parties have reached an agreement and have no claims against each other, then they can enter into an agreement on the payment of alimony, which is certified by a notary. If a citizen for some reason refuses to pay, the mother can present the alimony agreement to the father’s place of work, or to the Bailiff Service.”
If an amicable agreement, as they say, “on the shore” did not work out, or the spouse stubbornly ignores the agreements reached, there is only one thing left to do - contact the relevant authorities and prove your right to alimony through the court, and then go to the Federal Bailiff Service to they were involved in working with the defaulter. Of course, all this is very unpleasant, but this story is not about love and responsibility, but rather about greed and indifference, and there is too much at stake - the well-being of the child.
Where to start defending your rights and interests? First of all, you will need to apply to the magistrate's court, having first collected the following package of documents and made copies of them:
– certificate of marriage and divorce
- birth certificates of children
- passport
- statement of claim
- certificate of family composition
— if you think that for one objective reason or another, more money is spent on a child than required by law, then it is advisable to provide documentary evidence of your expenses (medicines, spa treatment, etc.). So, if it is proven that the child has health problems that require additional costs for treatment, then this can and should be reported in order to be able to recover half of the required amount.
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What to do when one of the parents does not want to pay child support
The case when a former spouse refuses to pay alimony is quite complex. You can try to convince the person that child support is not a way of manipulation and ruin, but only a responsibility to the children themselves and work for their future. But in most cases, such conversations do not end with a positive result.
Former spouses resort to various tricks: they hide their income, or hide themselves. What to do in this case? According to the lawyer, the defaulter can be subject to compulsory work. To do this, you need to prove that there were no payments for children for about six months. All public works are paid, which means all the money received for this work will be withheld for alimony payments.
In an interview, Khanamiryan explained that there is also criminal liability for non-payment of alimony. Therefore, negligent payers may face up to one year in prison. However, here the situation is a little more complicated. The point is that a bailiff must take over the case. He analyzes the situation and initiates enforcement proceedings against the defaulter and puts him on the wanted list.
Then a visit is made to the place of residence or registration, where the bailiff describes and seizes the property. Further, the money received is already paid to the guardian as alimony. However, there is another way to get the money you need. The truth is not from the debtor, but from the state itself.
Alimony agreement
In a voluntary agreement on alimony, you can specify any amount and method of payment. The only condition is that the specified amount at least approximately corresponds to the percentage norms of alimony for three children. If there is one child – 16.5%, two – 33%, all three – 50%.
Parents can agree on payment:
- Monthly (as a percentage of earnings, a fixed amount calculated from the average salary of the father, a fixed amount calculated according to PM)
- Quarterly or annually in the form of an amount calculated in the same way
- One-time (in the form of a large sum, real estate or securities registered in the name of the child)
All these methods can be combined, and some of the funds can be replaced with material assistance in kind.
“Alimony” can be food, clothing, toys, the father’s own payment for clubs, sections, tutors, summer vacations, large purchases (computer, bicycle, etc.).
Let us repeat, there is only one legal requirement for an agreement - it should not infringe on the rights of the child and parents.
Expert advice
“If alimony is not paid for a long time, while the bailiff does not take any action, does not work and does not perform his duties, then you can turn to the state in the person of the Federal Bailiff Service and collect this amount of debt accumulated over six months or more, from states. At the same time, it is necessary to prove that the bailiff did not really work and did not perform any actions within the framework of enforcement proceedings to search for this payer and his property,” emphasizes Khanamiryan.
Therefore, try to negotiate, avoid conflicts and maintain good relationships so that the divorce process does not affect the children.
The maximum amount of alimony may exceed 50%
It is possible to collect alimony from a man, the amount of which exceeds 50% of his income, only in exceptional situations. For example, in the case when alimony is collected not only from children, but also from the mother (all children, two, or one of them).
For example, if the child of the alimony payer has not reached three years of age, and the mother does not work to care for him. In this case, child support is collected from the mother until the child reaches three years of age or until she is officially employed (whichever comes first).
If the mother of the children is declared disabled, she will have to pay child support for the same amount of time as for children - until the child reaches 18 years of age. The size of such payments can reach 70% of a man’s earnings.
When do child support obligations end?
Child support obligations for three children are terminated:
- In the event of the death of the father or children (child) receiving alimony
- In case of adoption of children by the new spouse of their mother
- When children grow up - they reach 18 years of age or receive full legal capacity earlier (in the case of legal marriage or emancipation by a court decision or guardianship authority)
When child support for three children is not paid for triplets, the children usually grow up one after the other. If one of the three reaches adulthood, paternal payments are reduced to 33%, but for the remaining children nothing changes - they still receive 16.5% of the child support payer’s income.
When there is only one minor left, the amount of alimony should be increased from 16.5% to 25%. This is usually stated in the original court decision. But if this condition is not in the writ of execution, the child’s mother must apply to the court to increase the amount of alimony.
Legal assistance
Alimony cases are full of conflicts! Conflicts between the rights of fathers and children, mothers and fathers, and children among themselves occur regularly. There are errors when calculating the amount of alimony, accounting delays in payments, inaccuracies in drawing up statements of claim, leading to delays in processes, and incorrect decisions made during the processes themselves.
Most of these disputes require a professional approach - the assistance of a lawyer specializing in family law issues.
Alimony for three children is “serious and long-term.” Both for the alimony payer and for the recipients of alimony. It is important to approach the issue carefully so that over the next years neither the children nor their father feel disadvantaged. Prav.io lawyers are ready to help you with this!
