Alimony for the second, third child in a second marriage

When deciding on financial support, the main thing is always the amount of alimony. It is important for the recipient to know the amount he can have and what minimum alimony he can receive. As well as average alimony, calculated monthly.

The amount of alimony depends on the method chosen to determine and collect it. It is important to choose the most profitable method from the very beginning. It should be noted that there is a difference in determining the amount of alimony for 1 child, for two or more children, alimony that is due to a spouse, parents or other relative.

Child support amount

The specific amount of alimony depends on the method used to determine its size. Either be determined in shares (or as a percentage) of the alimony payer’s earnings, or in a fixed amount of money. The court can also combine alimony from a shared and fixed amount.

The amount of child support can be determined voluntarily by parents. At the same time, the minimum amount of alimony is determined by law, but the law does not limit the maximum amount of alimony.

Agreement on payment of alimony

If it is not possible to reach an agreement peacefully, you will have to go to court for compulsory recovery. In this case, the amount of alimony will be determined by the court. But not arbitrarily, but guided by the Family Code of the Russian Federation.

Application for a court order to collect alimony

Statement of claim for collection of child support

Child support as a share of earnings

If you go to court to collect alimony, the main way to determine the amount of child support is as a share of income. That is, in shares of the salary and (or) other income of the alimony payer. This procedure is enshrined in Article 81 of the Family Code of the Russian Federation, the amount of alimony is:

For example, the father’s earnings are 40,000 rubles. In this case, alimony for 1 child will be 10,000 rubles. According to the formula 40,000*1/4=10,000 rubles. For 2 children - 40,000*1/3=13,333.33 rubles. For 3 children - 40,000 * 1/2 = 20,000 rubles, for 4 or more children it will also be 20,000 rubles.

The specified share relations are ideal, that is, they are applied in the vast majority of situations. However, the law provides for the right of the court to deviate from the specified size of shares. In this case, the financial and marital status of the parties and other circumstances may be taken into account.

Resolution No. 56 of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 explains what other circumstances are. Such circumstances, in particular, may include: the presence of other minors and (or) disabled adult children with the alimony payer. The presence of other persons whom he is obliged by law to support. This includes the low income of the alimony payer, the state of the alimony payer’s health (for example, disability due to age or health condition). The court will also take into account the child’s health status (for example, whether the child has a serious illness that requires long-term treatment). In this case, the court also determines the amount of alimony in shares, but in a changed amount.

When determining the amount of child support in shares, monthly payments are taken into account.

To determine the specific amount of alimony, wages and other income of the payer are taken. Alimony is calculated on net income after taxes.

Income from which alimony is paid

Child support in a fixed amount of money

Alimony in a fixed (or fixed) amount of money is paid when collection in shares is difficult. In this case, the decision on the amount of alimony will be tied to the child maintaining his previous standard of living and material support.

Detailed information on alimony in a fixed amount:

Statement of claim for alimony in a fixed sum of money

⏰ Payment terms

Alimony must be paid in a strictly defined payment schedule, but in such a way that there is no arrears in payments.

A schedule with deadlines (indicating numbers) for alimony payments in the event of consideration of the issue of an alimony agreement is drawn up by the parties independently. The only condition that must be met when establishing a payment schedule for the transfer of alimony payments is that the funds arrive before the deadline established by such an agreement.

For example, in the alimony agreement the date is set as the 5th day of each month. Payments for the current month must be received by this date. If the payment was received after this date, the current situation may be regarded as the formation of a debt.

If the issue of establishing the amount of alimony is resolved in court, then the date of payments is also determined by the court. In this case, it will be easier for the representative of the recipient of alimony payments to control the timing of payments, since if even a small debt arises, you can immediately contact the bailiffs to monitor the execution of the court decision.

If the payer has other children

We looked at situations where children were born from the same mother and father. But, very often, it happens that the alimony payer has other children from other persons, and maybe not from one. How is the amount of alimony determined in this situation?

First, let's look at alimony in shared terms. When a person has several children from different relationships, he retains the responsibility for their maintenance. In this case, no one has any advantages, regardless of the presence/absence of marriage or cohabitation. Therefore, if there are 2 children from different marriages, such a person will pay alimony in the amount of 1/3, but divided between 2 children. That is, 1/6 share for each. If there are 3 children from different marriages, alimony will be 1/2, divided into 3 parts, that is, 1/6 share for each. For 4 children - 1/8 for each and so on. This rule applies only when alimony is ordered by the court. That is: if there are 3 children, but alimony is collected for only one, the court will collect 1/4 of the share. To bring all children into an equal position, you need to file a lawsuit for the maintenance of each of them. Only then does the payer have the right to apply for a reduction in alimony.

If we consider the situation of collecting alimony in a fixed amount, then in this case other children will also be taken into account. And the amount collected will be reduced by the court, taking into account the need to support other children. However, here there is no such direct dependence; the court has the opportunity to take into account a specific life situation.

Amount of alimony for spouse

If we are talking about the amount of alimony for a spouse, then ideally the amount of alimony should be determined peacefully. Spouses can enter into an agreement stipulating a certain amount of alimony. When going to court, much will depend on how well the statement of claim is drawn up and what evidence each spouse collects for their positions.

When determining the amount of alimony by agreement, spouses can use a shared or fixed method of determining the amount of alimony. Or they can agree on a lump sum payment. In this case, the amount of alimony is not limited in any way. only at the discretion of the husband and wife.

When going to court, spousal support is established only in a fixed (firm) amount.

Statement of claim for spousal support

When determining the amount of alimony for a spouse, the court establishes:

• from what sources do husband and wife receive income, the size and stability of this income;
• circumstances that may affect the income of the spouses and the period of their receipt;
• sufficiency of the income of each spouse to meet their basic needs;
• presence of dependents (children, disabled relatives, etc.);
• the presence of other family members who are obliged to support the recipient of alimony;
• circumstances affecting the financial situation, for example, the need for expensive treatment.

The basic concept when determining the amount of alimony is the subsistence minimum. It is a multiple of the subsistence level that sets the amount of alimony in a fixed amount.

Actions upon dismissal of alimony worker from work

When dismissing a child support worker, the employer must:

- make a note on the writ of execution about the withheld amount of alimony and the balance of the debt (if any), affixing it with a signature and seal;

— return the writ of execution to the alimony claimant within three days from the date of dismissal of the alimony holder;

- within three days from the date of dismissal of the employee, notify the bailiff who sent the writ of execution about his dismissal, his new place of work and / or place of receipt of other income (if such information is known), the return of the writ of execution to the alimony collector, about the withheld amount of alimony and the balance debt.

Child support for parents

Adult able-bodied children are responsible for supporting their disabled parents. This obligation arises when parents need such help, if the level of pension does not allow them to provide themselves with everything they need.

The law does not establish the exact amount of child support for parents. The content provided is determined based on the financial situation of parents and children, marital status and the presence of dependents. Alimony is collected in a fixed amount on a monthly basis.

The procedure here is as follows: the court determines how much the parents need outside financial assistance. And determines the specific amount of monthly payments. Then it determines the number of children who can be entrusted with supporting their parents and their financial situation. Then a specific amount of alimony for parents is established, which will be withheld from each child.

Note:

Statement of claim for the recovery of alimony for a parent

Methods for calculating alimony amounts

The provisions of Article 113 of the RF IC define options for calculating the amount of alimony obligations. It is calculated:

• Based on the payer’s earnings;
• Based on concluded agreements between spouses;
• Based on the minimum subsistence level in the corresponding region;
• Using forensic techniques.

When using each option, the payment amount may differ significantly. For example, when concluding a notarial agreement, parents can agree on an amount much greater than when such a payment is established by a court decision. If a citizen has a desire to provide voluntary financial assistance to his child, he has the right to transfer additional money to provide for him.

Child support calculator

Amount of children:

Second parent's salary:

Deduct personal income tax from salary:

Result: rub.

Amount of alimony for other relatives

To other relatives. Those entitled to receive alimony include brothers and sisters, grandparents, actual caregivers, stepfathers and stepmothers. For all of these relatives, the law also establishes the possibility of concluding an agreement. This means that the parties have the right to indicate any amount of content that suits them. If an agreement is not reached, it is possible to go to court and collect alimony in a fixed amount.

The criterion for assessing the amount of alimony for other relatives will be the financial situation of the payer and recipient of alimony, their family relationships, and other circumstances worthy of attention. If there are several persons obligated to pay alimony, the court is obliged to involve them all in the case and collect alimony by determining the amount of participation of each in the maintenance of relatives.

Typically, amounts paid to support relatives are much lower than child or spousal support.

Average salary table for different specialties in 2021

Changing the amount of alimony

The amount of alimony established by law is not strictly defined for the entire period of its retention. It is possible to change the amount of alimony up or down. Changing the amount of alimony is possible at any time if life circumstances change. The plaintiff can be any of the parties - the payer or the recipient.

Reducing the amount of alimony

A reduction in alimony is allowed when the payer's income increases significantly. To justify the demands for a reduction in the amount of alimony, the plaintiff states that the amount of alimony exceeds the necessary needs of the child. The court, taking into account the balance of interests of the child and the parent, may reduce the amount of alimony to an acceptable value.

A common case of reducing the amount of alimony is the situation when the father has other children and alimony is collected from them.

Note:

Statement of claim to reduce the amount of alimony.

Increasing the amount of alimony

If the parent’s income clearly or intentionally does not make it possible to provide even minimal needs, the court, at the request of the alimony recipient, has the right to increase the amount of alimony payments. The amount of alimony in this case, again, must ensure a balance of interests of all parties to the alimony legal relationship. If the parent's income is unimaginably low, the court proceeds from the need to protect the interests of the child, as the more vulnerable party.

An example of a situation is when alimony was first collected for 2 children. Then 1/6 of the share is paid for each child. After the older child reaches adulthood, the mother can file for an increase in the amount of child support for the younger child to 25%.

Benefits of paying average earnings obligations

For the collector of money, paying alimony calculated based on the average salary in the Russian Federation in 2021 has its advantages and disadvantages. The benefit of calculating alimony payments based on average income, in particular, can be considered that in some situations a financial amount is collected from the payer, more than what would be accrued as a share of his monthly earnings.

IMPORTANT

The disadvantage of calculating the alimony amount based on the average Russian salary in 2021 is the large difference between the monthly incomes of workers from different regions of the Russian Federation. Thus, according to data from the Rosstat website, in January 2021 the average earnings were equal to 46,674 rubles. However, in Chukotka the average salary was higher (105,132.80 rubles), and in the Ivanovo region, on the contrary, lower (26,415.80 rubles). As a result, the difference in wage levels between residents of the above regions amounted to such a significant amount: 78,717 rubles. (RUR 105,132.80 – RUR 26,415.80).

Minimum amount of alimony

The minimum amount of alimony is not defined by law. This year, the lower limit of the amount of alimony will not be established. Having the ability to calculate alimony in shares allows you to avoid the need to legislatively establish the minimum amount of alimony.

Since alimony obligations are not made dependent on the parents’ ability to provide maintenance to their children, the use of a share relationship makes it possible to individually ensure the protection of the child’s rights to receive the necessary assistance, while at the same time not depriving the alimony payer of the necessary means of subsistence.

The legislator takes into account that the income levels of the population are now very different. Many citizens live below the poverty level. Therefore, it is more convenient to leave each specific situation to the discretion of the court.