Amount of child support in 2021: for one child, as well as for two, 3 and 4 children

The issue of child support is regulated by Art. 80–88 of the Family Code (SC) of the Russian Federation. both parents must provide for children , even if they are divorced (or not married at all) and do not live together. Alimony is not voluntary, but enshrined in law. Adults can either independently agree on the amount of alimony, or resolve the issue in court.

In 2021, the same principles for alimony payments in Russia will apply, but the minimum amount of alimony will change (due to the rise in cost of living). Perhaps in the near future they will introduce alimony payments from the state and make the liability for draft evaders more stringent.

The problem of non-payment of child support is still a sore subject for Russian families. You can assess the scale of the disaster by looking at the total amount of alimony debt for 2021: defaulters owed their children 152 billion rubles . 806 thousand people did not want to pay partially or completely . The amount of unpaid alimony for 2021 has not yet been calculated. Legislative initiatives are introduced annually to reduce the scale of the problem, but they are not adopted as quickly as we would like.

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Minimum amount of child support in 2021

The minimum amount of alimony depends on income or the cost of living. It should not be less than 25% of the minimum wage established in the region, which for 2021 is 12,792 rubles. Then you can perform a simple calculation:

(12,792 – 13%) × 25% =” 2,782 rubles. “26 kopecks.

This is exactly the minimum value when it comes to one baby. If we talk about a fixed amount, it is half of the child's subsistence level. But different regions of the Russian Federation have their own cost of living.

An unemployed person will not escape payment either. The funds will be taken from the benefit. The unemployed receive a minimum benefit of 1,500 rubles. This means that the baby is owed 375 rubles. You can see more details in the table.

In what cases is it prescribed

If you have entered into a notarial payment agreement with each other, then it can establish alimony in any amount.

There you can prescribe a fixed amount that will be paid in a certain period. If there is no such agreement, then the law provides for the following situations for assigning payments in a fixed amount of money:

• the spouse who must pay does not have a regular source of income or earnings;
• the debtor has variable earnings: for example, when working on a rotational basis or is on piece work;
• receives a salary in foreign currency;
• receives salary in goods or results of work;
• if establishing alimony as a share of the salary violates the rights and interests of the child.

These rules are established in paragraph 1 of Article 83 of the Family Code of the Russian Federation.

If any of these grounds exist, the court may set payments in a certain amount.

Amount of alimony: how is it calculated?

The law allows you to negotiate the amount yourself or go to court if disputes arise. In the first case, you can draw up an agreement, write down all the important nuances in it and confirm it. This money is paid monthly, but a different procedure can be specified in the agreement. The calculation is carried out using the following methods:

• As a share of income. Personal income tax is not taken into account, therefore only net earnings are taken into account. It is divided into a percentage, depending on the number of heirs in need of help. The deduction can be carried out directly in the accounting department of the company where the alimony payer works.
• Fixed amount. It is calculated depending on the child’s subsistence level in the region and is half of it. The calculation method under consideration is used if the payer’s earnings are inconsistent, the amounts differ, or there is no earnings at all (confirmed). As the VPM changes, the amounts need to be recalculated.

You can also calculate help for the baby using a mixed form of the two listed options.

How to change the form of alimony from shared to minimum wage payments

If the alimony shares are not enough for the children, you can file a claim with the district court at the defendant’s place of residence to change the method of payment to TDS.
The plaintiff makes the calculation independently, taking into account the size of the monthly allowance per child in the region. What the procedure looks like step by step:

1. A statement of claim is drawn up, documents are prepared.
2. One copy of the claim with documents that the defendant does not have is sent to him by registered mail with acknowledgment of receipt.
3. Documents are submitted to the court.
4. The judge accepts the application for proceedings, schedules and conducts a preliminary hearing.
5. The case is set for trial. During it, the opinions and arguments of the parties are heard, documents and evidence are studied. Based on the results, a decision is made.
6. Immediately after the decision is made, the plaintiff must receive a new writ of execution. A copy of the decision will be issued within five days (Article 214 of the Code of Civil Procedure of the Russian Federation), and it will come into force in a month.

Note: the decision in cases of collection of alimony is subject to immediate execution (Article 211 of the Code of Civil Procedure of the Russian Federation). There is no need to wait until it comes into force to present the writ of execution to the bailiff.

Contents and sample of the statement of claim

To change the procedure for collecting alimony with a share of TDS, you need to draw up a statement of claim in accordance with the rules of Art. 131 Code of Civil Procedure of the Russian Federation.

What it says:

• name, address of the court;
• Full name, address, telephone number of the plaintiff;
• Full name, address of the defendant;
• dates of marriage and divorce;
• information about the children for whom the money is paid;
• details of the order or decision, according to which payments were previously transferred in shares;
• old alimony amount in shares;
• claims: change the procedure for collection of TDS indicating the amount from pm;
• inventory of submitted documents;
• date and signature.

Sample claim

Documentation

What the plaintiff will need in addition to the application:

• passport;
• child's birth certificate;
• a copy of the order or decision (old);
• notice of service of documents to the defendant.

State duty

Plaintiffs acting in the interests of children are exempt from paying state duty (Article 333.36 of the Tax Code of the Russian Federation).

Indexation and current amount of alimony

Bailiffs can carry out indexation if enforcement proceedings have been opened against the payer. This can also be done in the administration of the institution that is involved in withholding funds.

Indexation is carried out taking into account the cost of living, since it is a share of it. This approach is used when it comes to payment in a lump sum. The amount of child support for minor children is indexed according to the following scheme:

• The current cost of living is found out at the time when the court decided to collect funds;
• Select the number of PM, which will be a multiple of the amount of deductions;
• Multiply the multiple by the size of the PM.

As a result of these simple calculations, you will get an indexed indicator. Indexation should be carried out only if the cost of living increases.

Collection of alimony in a fixed amount through the court

That is why the most pressing problems include the collection of alimony payments for children, the collection of alimony for a spouse up to 3 years of age of the child. Women face this problem everywhere, and even a very wealthy person can be a persistent defaulter.

But it is not yet possible to find out the real income of defaulters, because in our time any person can have several sources of income. There is also no practice of seizing the property of an alimony debtor. And the search procedure itself, both sources of income and property, is usually carried out by the claimant himself. Hence the problems with collection, which give rise to an irresponsible attitude towards alimony payments. A statement of claim for the recovery of alimony in a fixed amount will solve the problem.

USEFUL: watch the video with advice from a lawyer on alimony, write your question in the comments of the video

The amount of alimony in 2021 and its voluntary payment

It is most convenient to pay money voluntarily, since both parties will be able to minimally avoid troubles from a showdown and the children will not suffer. The amount of child support for one child allows you to pay in cash. But the fact of transfer of finance must be confirmed. For example, a receipt. In addition, you can transfer money using the following methods:

Via bank transfer or online banking

You can quickly and conveniently send documents through a banking service by sending them to a card or bank account. Today, everyone has either one or the other, and even if they don’t, it takes a few hours to register them. But in order for the amount to be counted, the purpose of the payment must be correctly indicated and the payer must be the sender of the money. All information about the completed transaction should be stored in your personal banking account

By postal transfer

This option is preferable if the recipient for some reason does not want to provide details. In addition, you need to pay a rather large commission for a postal transfer.

Through accounting at work

The payer can leave a statement to the employer, according to which an amount that is a multiple of child support will be withheld from his salary.

If there is no court decision or agreement, all transferred amounts will be considered financial assistance, but they cannot be called alimony.

Actions if it is impossible to appear in court

If a court hearing is scheduled at a time when you can’t get to it, you need to figure out what to do . If you fail to attend a hearing without first notifying the court, problems may arise. The court will consider such action as absence without reason. It is clear that there will be a negative attitude towards such a participant in the case.

If the court hearing on alimony was ignored by the defendant twice, the court will consider the case without him. But this will happen if there is no good reason. But if the plaintiff who was involved in filing the application does not appear at the meeting, then the case simply will not be considered at all. He must reapply.

To avoid such problems, it is important to submit information to the court in advance, warning of an imminent failure to appear. It is also important to indicate the reason for your inability to attend the meeting. You can also request the following:

• Postponement of the meeting due to illness. This can be confirmed by a health certificate or witness testimony.
• Request a meeting to be held without your presence. This point is usually used by the applicant, not the defendant.
• Explain over the phone if force majeure occurs. Tell them why they didn’t arrive on time or didn’t show up at all.

The lack of evidence is a strong argument against not accepting the explanation.

Amount of alimony: how to pay through bailiffs?

Bailiffs can contact the employer to withhold part of his earnings to pay alimony. The money will be sent to the claimant. When initiating enforcement proceedings, the bailiffs will monitor how correctly the instructions are followed.

When the defendant is not officially employed, he may not wait for the bailiffs to arrive, but immediately transfer the money to the claimant’s account without using the bailiffs’ details. Then the money will appear in the account much faster - in 1 day, instead of 3-5 with the participation of bailiffs.

Sometimes there is already a debt, but there is no official work; the exact amount can be determined by the average salary level in Russia. This happens because without official employment it will not be possible to confirm income.

Amount of alimony for 1 child

To calculate the amount of child support for one child, it is necessary to take into account the financial situation of each of the parents, what their marital status is, etc. In this case, recovery occurs in a fixed amount, such as 25% of income, or in real estate/movable property.

The most common option is to withhold a percentage of income. Moreover, not only wages are used as income, but money from rent, fees, pensions, various dividends, and benefits for the unemployed. Although there are means from which you won’t be able to retain some of it. For example, maternity capital, benefits for natural disasters.

Arbitrage practice

As mentioned earlier, now the minimum wage is not used when determining the amount of alimony. The calculation is made from the PM in the region for children or pensioners, depending on who needs the money.

Here are some examples:

1. The woman exacted alimony for a minor child - 1 PM in the Moscow region (Decision No. 2-462/2020 2-462/2020(2-8415/2019;)~M-8833/2019 2-8415/2019 M-8833/2019 dated February 3, 2021 in case No. 2-462/2020).
2. Previously, the woman collected alimony from the child’s father - 1/6 of her earnings. Payments were transferred from his pension; it came out to about 2,000 rubles. per month. She filed a claim to change the method of payment to TDS in the amount of 1 PM, arguing that payments in shares do not correspond to the interests of the minor and will not allow him to be provided for normally. By decision No. 11-196/2019 of September 18, 2019, in case No. 11-196/2019, the claims were denied.
3. The mother wanted to collect 10,000 rubles from her son. as alimony. But Decision No. 2-1827/2020 2-1827/2020~M-1427/2020 M-1427/2020 dated July 30, 2021 in case No. 2-1827/2020, the requirements were partially satisfied. The man was forced to pay 0.5 monthly subsistence minimum for pensioners in the Krasnoyarsk Territory.

Amount of alimony per child in percentage equivalent

The maintenance of a minor requires 25% of his income from the alimony payer. Only the court can decide whether to reduce or increase the share in question. A reduction usually occurs if the alimony payer has received disabled status or is in a difficult life situation. Money can be collected under the following circumstances:

• If the parents have drawn up an agreement among themselves, having it certified by a notary. In such a document, the amounts of payments are determined independently, but only on condition that the contents do not contradict the law.
• Court order. The court itself decides on payments without involving parents.
• Claim in the world court. The parties must document their position and actively participate in the procedure.

Sometimes an heir can receive money even after reaching adulthood due to incapacity or illness.

Minimum amount of child support for one child

The minimum mark when calculating child support for 1 child is needed to prevent unscrupulous parents from deliberately underestimating their own income. True, there is no such mark in the current legislation. The reason for this is considered to be the fact that a fixed amount may disadvantage low-income citizens who are unable to pay.

The main criterion is that the combination of mother’s and father’s income can provide the child with a decent life. Therefore, contributions can be calculated both from the parent’s earnings and from the subsistence level for children in the designated region.

Minimum wages by region

From January 1, 2021, the minimum wage in Russia is 12,792 rubles. PM may be different depending on the region:

Important! The above is a partial list of regions. You can find out the exact size of the PM at the moment on the website of the local administration.

Amount of child support in 2021 for two children

A third of the total income of the alimony payer is the amount of alimony for two children. Sometimes, for example, by court decision or in connection with an agreement between the parties, the amount may exceed the minimum considered. But the purpose depends on various factors:

• Are the children healthy?
• How financially secure the recipient is;
• Is the person from whom money is being collected healthy?
• Does the payer have any other children in previous or subsequent relationships;
• Total income of the alimony payer.

Other factors may also be considered, depending on the individual situation. If circumstances allow, the designated share of funds may increase. But this is possible at the initiative of the recipient and if there are documents confirming such a need. Although changes in the amount can be either up or down.

Children must be minors. This applies to both. Sometimes the amount of child support for two children may remain the same after one of them reaches adulthood. But only on the condition that he is disabled.

Amount of alimony for 2 children from different marriages

The amount of child support for two children from different marriages is calculated according to the same principle as for children from the same relationship. The difference is that the total amount of payments is divided in half and half goes to each of their children. Thus, each child must receive at least 16.5% of the parent’s income. That is, 33% of his earnings will be withheld from the alimony payer, but this money will go to two families.

Minimum amount of child support for 2 children

The amount of child support for two children is directly dependent on the income of the payer’s parent. The minimum mark is 33% of earnings. But there are exceptions that are listed in paragraph 2 of Art. 81 IC RF.

How to get alimony?

The choice of procedure for establishing child support between parents depends on whether the parents can reach a consensus on their own outside of court.

2.1. Alimony by mutual consent of parents

If parents are able to sensibly discuss the current situation and independently decide what amount of alimony would be fair, then they can easily do without going to court by concluding an agreement on the payment of alimony.

To do this, you first need to agree on the most important provisions of the mutual agreement: the amount of alimony, how often to pay it and how. The law allows the parties to the agreement to determine this independently. However, it must be remembered that the amount of alimony in the agreement cannot be less than what two children would get if the case were resolved in court, that is, it cannot be lower than 1/3 of the income of the second parent (if alimony is determined as a percentage).

For a more complete explanation of the law, your rights, responsibilities and opportunities related to the alimony agreement, you can seek advice from a family law lawyer (the initial consultation is free). Lawyers at Krainev and Partners will assist you both in conducting negotiations with your ex-spouse (partner) and in drawing up the text of the agreement itself.

Next, you need to certify the drawn up agreement with a notary, since without this the document will not gain legal force and will not become valid.

The notary will check your documents (passports of citizens of the Russian Federation, birth certificates of children, various income certificates), the text of the agreement itself for compliance with the law and certify it.

To certify the agreement, you must pay a state fee (250 rubles), as well as pay for legal and technical services of a notary.

Remember that if child support is approved for children over 14 years of age, their presence at the notary's office will be mandatory.

Amount of child support in 2021 for three children

The amount of child support for three or more children is half the parent's income. Although if the payer’s earnings are unstable, you can request a fixed amount. But when calculating the exact amount, you need to take into account the following factors:

• What is the financial situation of the alimony payer and the recipient;
• Age and health of children;
• How constant is the payer's income?

The money must be contributed until the children turn 18 (provided they are able to work).

Amount of alimony for 3 children from different marriages

The amount of alimony for 4 children, when three are in one marriage and one in the second, is calculated according to an identical scheme. The guys have equal rights in terms of distribution of funds. If there are three children, they receive 16.7% of income, and if there are four, then 12.5%. Everyone receives an equal share of their maintenance. If a woman has three children, but from different spouses, each pays money only for his heir.

Amount of alimony for 3 children and their collection

If the payer is not satisfied with the amount of alimony for 4 children and he pays the money, he should begin collecting it by filing a claim in court. Then bailiffs are involved in the procedure and will begin enforcement proceedings. They initiate the execution of the court decision. Typically, such a procedure is rational if there was a voluntary agreement between the spouses, but it is not executed by the payer.

According to the law, you can collect alimony for the last three years. But if the debtor hid income, did not respond to bailiffs, etc., the money will be recovered for the entire period. A claim can be filed at any time after the funds are entitled to. Although it is important that the claim is correctly drawn up and contains the following information:

• In which court the case is being heard;
• Who is the debtor and who is the recipient;
• Details of the situation and requirements that need to be fulfilled;
• What documents are attached to the claim?

The court will consider the application and issue an order/decision. It can be appealed within 10 days from the date of announcement. Sometimes the alimony payer may hide. In this case, you need to find him and find out about his income. When officially employed, money will be debited from your salary. The person’s property will be sold, after which the money will be transferred to the children. Temporary payments may also be made that are not refundable even if the principal amount is paid.

You can get legal assistance on alimony issues on our website.

Will it become easier to bring the debtor to criminal liability for alimony debts?

About 30% of alimony workers in Russia are debtors. They are trying to force draft dodgers to pay through the courts with the involvement of bailiffs or the employer. But if they pay even occasionally and little by little, the law is on their side. It is very difficult to bring them to criminal liability even for large debts.

As of the end of 2021, the Ministry of Justice is developing a bill to tighten penalties for alimony defaulters. In Art. 157 of the Criminal Code of the Russian Federation wants to make changes that would eliminate the possibility of evading criminal liability through irregular transfers of small amounts to children.

It is proposed to add a clarification phrase to the article that you need to pay for the child not an arbitrary amount, but the one specified in the court decision or voluntary agreement on alimony, with the frequency specified there. The goal of the bill is to make sure that negligent parents pay constantly and cannot escape criminal punishment by transferring tiny amounts to their children once every five years. In case of incomplete payment of funds, the following criminal penalties could be applied to debtors:

• arrest up to 3 months;
• correctional labor or imprisonment for up to 12 months.

Until the document is adopted, it is almost impossible to prosecute debtors who transfer meager sums to children. There is hope that in 2021 things will move forward and the amount of debt will begin to decrease.