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

Most often, families have one or two children, but there are families with 3 children, or a parent may have 3 children. The presence of 3 children in a family cannot guarantee that the spouses will not separate and that the departing spouse will support three children; in this case, the question of collecting alimony arises. Let us examine in more detail how to collect alimony and in what form for three children.

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Amount of child support for three children

The amount of alimony in favor of three minor children is determined in accordance with current Russian legislation.

Child support for 3 children must be at least half of the payer’s income (Article 81 of the RF IC).

The amount of payments can be fixed in the alimony agreement or as part of a judicial review. In both cases, the amount of deductions cannot be lower than that established by the Family Code of the Russian Federation and must ensure a decent life for each of the three children (Article 81 of the Family Code of the Russian Federation).

When making a decision on the amount of alimony, the judge will proceed from the following circumstances:

• financial situation of the alimony recipient;
• the age and health of all three children;
• the amount and constancy of the income of the alimony payer.
• other important information that may influence the amount of payments.

Both parties can ask the court to increase or decrease the amount of alimony, but each spouse will be required to provide the judge with significant evidence that will indicate the need to change the amount of payments.

Child support for each of the three children is paid until they reach 18 years of age . The exception is cases when an adult child of the alimony payer is declared incapacitated .

In the vast majority of cases, alimony payments are made as a percentage of the alimony payer's earnings. This method is used in relation to alimony payers who regularly receive wages, pensions, profits or other permanent types of income.

Example

The judge ordered N.I. Kiselev transfer child support for the maintenance of three of their children who have not reached the age of majority. Guided by the norms of the Family Code, the court decided to withhold from Kiselev’s salary (50,000 rubles) the amount of 25,000 rubles (half of the income).

However, the ex-wife, acting as the recipient of alimony, filed a new claim a few months later against her ex-husband demanding an increase in the amount of alimony due to the payer’s new income (from business activities) in the amount of 20,000 rubles. When re-examining the case, taking into account the arguments of both sides, the court made a new decision, according to which deductions in favor of the children will be made from the amount of 70,000 rubles (the total income of the father).

Thus, the total amount paid by the father of three children will be equal to 35,000 rubles (70,000/2).

Results

The legal representative of a minor or incompetent child can file a claim for alimony. This can be done in person or using the official websites of the courts. The issue of alimony is decided by the district or magistrate court, depending on the circumstances.

The countdown starts from the moment you go to court. In court, you can recover alimony for the previous three years. To do this, it is necessary to prove that the defendant evaded payment. Evidence may be telegrams, registered letters or letters sent from email.

The plaintiff does not pay the state fee; the defendant does. The amount of the state duty depends on the number of people who will receive alimony. In 2021, its amount is 150 rubles, if alimony for children and for a former spouse is 300 rubles.

If the former spouse cannot work due to health reasons, she/he is also entitled to alimony payments. If the defendant fails to appear without a good reason, the court asks the plaintiff whether he is against considering the case in absentia. If the plaintiff is against it, the hearing is postponed. If the plaintiff agrees, the court considers the case and renders a verdict in absentia. The defendant must notify the court that he will not be able to attend the hearing.

The process usually lasts no longer than one month. In 2021, the amount of child support for three children is 50% of the funds received by the defendant. If the defendant hides part of the income, a specific amount is assigned. In addition to basic alimony, you can apply for compensation for additional expenses, for example, for rent.

Alimony for the mother of a child under 3 years old

Russian legislation provides that alimony can be collected not only in favor of a minor child, but also his mother . However, an important condition for the payment of alimony, in such cases, is the age of the dependent , which should not exceed three years .

This legislative norm was introduced due to the fact that a young child in the first years of his life requires constant close attention and care, and a parent (usually a mother) does not have the opportunity to simultaneously earn money for his maintenance.

An important nuance when paying alimony for the maintenance of a former spouse is the moment the payments begin .

The ex-wife may demand payment of alimony to herself, starting from the period of pregnancy, that is, even before the birth of the child.

The amount of contributions will ultimately be determined based on the mother’s employment (unemployed, on maternity leave or continuing to work). If the recipient of alimony does not work or is on maternity leave, then in order to receive payments addressed to him, he must file a separate claim with the court. In this case, the plaintiff will be exempt from paying state fees, and the alimony payer will compensate for the legal costs.

Former spouses, in order to fix the amount of contributions to the child's mother, can enter into a pre-trial agreement , which must be certified by a notary. If there is no agreement between the parties, the court determines the amount of payments in respect of the mother of a child under three years of age.

The judge, as a rule, sets the amount of payments to the mother in a fixed amount . Fixing the amount of deductions allows you to guarantee the alimony recipient a constant income for his maintenance. Additional criteria for determining the amount of payments for material support for the mother of a child under three years of age include the income of the payer, as well as the social status of both parties, etc.

Is it possible to recover alimony for previous years?

To recover alimony payments from your ex-spouse for past years, you need proof that he has evaded payments. Any written request will be acceptable as evidence. For example, messages, emails, but best of all – a registered letter by mail with acknowledgment of delivery to the addressee.

IMPORTANT!

You can collect alimony for previous years for a period of no more than three years. The starting point is the moment of filing an application for alimony with the court.

Alimony for 3 children from different marriages

Children who were born in different marriages have equal rights in the distribution of alimony. The amount of deductions from the income of the alimony payer for each of the three children must be at least sixteen point seven percent, with the total amount of payments equal to half of the total income of the payer (Article 81 of the RF IC). If the total amount of deductions increases as a result of a court decision or the conclusion of an alimony agreement between the parents of three children, the entire amount must be divided into equal shares for the maintenance of each child.

Example

Kolesnikov E.T. was married 2 times. He had two children from his first marriage and one child from his second. The court received two lawsuits from the defendant’s ex-wives demanding withholding of alimony. The judge ordered Kolesnikov to make alimony payments in favor of children from different marriages in the amount of 30,000 rubles (half of his income).

Based on the decision made, a third of the total amount of alimony is allocated for the maintenance of each child. Thus, in favor of one dependent, the father will transfer an amount equal to 10,000 rubles (30,000/2).

If each (or one) of three children has different people as fathers, then each parent pays child support only for his child in accordance with a court decision or agreement.

How to divide?

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

1. If the father of three children agrees to voluntarily provide financial support and decides to sign an alimony agreement with his wife (spouses), then the amount that will be paid as alimony, in accordance with Art. 103 of the RF IC, should not be less than 50% of his total earnings.
   That is why notaries sometimes ask to provide a document confirming the payer’s income in order to verify the legality of the amount specified in the agreement. If the issue of collecting alimony is decided in court, then, as practice shows, the court makes a decision on equal distribution of the amount among all children.

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

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

Payment of child support for three children

A civilized way to resolve issues regarding the payment of alimony for 3 children is to draw up an alimony agreement .

An alimony agreement is an agreement concluded between the alimony recipient and the alimony payer to determine the form, amount and period of payment of alimony. The recipient of alimony can be not only the mother of three children, but also their father and close relatives (for example, grandparents, aunts).

In cases where the parties to the agreement are completely (partially) incapacitated, the agreement is concluded between representatives (representatives with the consent) of the parties.

Due to the fact that payments in respect of 3 children should not be less than fifty percent of the total income of the payer, the parties to the alimony agreement cannot specify a percentage rate that is less than the lower threshold established by law. Otherwise, such an agreement will not be certified by a notary and will not enter into legal force.

Example

The Venediktov couple decided to divorce. After the end of the divorce proceedings, the parents of three children drew up an alimony agreement, based on which the father of the minors assumed the obligation to pay alimony to Venediktova. Venediktov’s income at the time of the divorce was 45,000 rubles (after taxes).

The alimony agreement was notarized and entered into legal force. In accordance with the concluded agreement, Venediktov will independently transfer monthly alimony for the maintenance of his children in the amount of fifty-five percent of his official income - salary. Thus, the father of three children will pay his ex-wife an amount of 24,750 rubles (45,000 * 0.55) every month.

An alimony agreement can also be concluded in favor of adult children (for example, to pay the cost of higher education).

Parents of 3 children, when drawing up a child support agreement, have the right to use the following payment options:

• every month in the amount of at least 50% of the income of the alimony payer (for example, 60% of salary);
• every month in a fixed amount (for example, two minimum wages);
• one-time in a fixed amount (once a quarter, six months, a year);
• in kind (purchase of things, food, payment of bills once a month, six months, year);
• mixed option, including the above.

The alimony agreement must be drawn up in writing and must be signed by each party.

The alimony agreement requires notarization.

If conflict situations arise, the alimony agreement will act as a writ of execution , with the help of which the recipient of alimony will be able to demand from the competent authorities to collect the amount of debt.

The agreement must include the following information:

• date of conclusion;
• information about the alimony payer;
• information about the recipient of alimony;
• amount of deductions;
• the procedure for indexing alimony;
• the period for which the contract was drawn up, etc.

The parties to the agreement may include additional clauses in the agreement that do not contradict current legislation, and also change it subject to the form inherent in the alimony agreement (on paper and when certified by a notary).

The alimony agreement may be terminated . Moreover, unilateral refusal of obligations under the contract is illegal.

Termination of a document occurs in the same way as its modification. Citizens who agree to terminate the agreement draw up a corresponding agreement, which must be certified by a notary . Otherwise, termination is carried out in court.

If financial difficulties arise for the alimony payer, when a compromise is not reached between the parties to the agreement, he has the right to file a lawsuit demanding a reduction in the amount of payments or termination of the agreement.

Indexation of alimony occurs based on the agreements reached. If the indexation procedure is not specified in the contract, then it is carried out, as a rule, in accordance with the subsistence level established in a particular region or in proportion to an increase in a similar federal value.

The Federal Bailiff Service (FSSP), in the event of conflicts between the recipient and the payer of alimony, takes actions to collect debt within the framework of the alimony agreement, including the indexation of payments.

How to pay?

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

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

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

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Collection of child support for three children

Alimony payments are subject to recovery through the courts and executive authorities . In circumstances where alimony for 3 children was ordered by the court after filing a statement of claim, collection occurs according to its decision with the involvement of bailiffs. Based on the writ of execution, the bailiff service initiates the commencement of enforcement proceedings, allowing the execution of the court decision.

If there is an agreement, the execution of which is ignored by the payer, the recipient of alimony has the right to independently contact the FSSP with a request to initiate enforcement proceedings without a court decision.

The legislation provides the right to collect alimony from the payer for the three previous years that preceded the filing of the claim. This will require the presence of certain evidence indicating unsuccessful attempts on the part of the alimony recipient to recover the debt.

If alimony payments were not made due to the fault of the debtor (deliberate concealment of income, property, ignoring the demands of bailiffs, etc.), collection occurs for the entire period , regardless of the three-year period.

The recipient of alimony has the right to file a claim with a judicial authority at any time , regardless of the date of receipt of the right to alimony payments.

The statement of claim for the recovery of alimony shall include the following information:

• information about the court that will hear the case;
• information about the debtor;
• information about the recipient of alimony;
• description of the current situation;
• statement of requirements;
• list of documents attached to the claim, etc.

The result of the judicial process is the issuance of a ruling (court order) or decision . Such documents are executed immediately, but can be appealed within ten days from the date of adoption to a higher authority.

The next step in collecting child support for 3 children includes measures to determine the location of the payer , as well as his income . The FSSP sends requests to the competent authorities (Federal Tax Service, Pension Fund) and goes to the place of registration of the debtor.

If the alimony payer is officially employed, then the amount of debt must be written off from his salary in the amount specified in the writ of execution issued after the court verdict.

When the foreclosure extends to the property, it is subject to sale, and the funds received from the sale are transferred to the alimony recipient.

Judicial practice indicates a considerable duration of litigation related to the payment of alimony, therefore, until a final decision is made in the case, in order to provide financial support for children, the femida may oblige the alimony payer to make temporary . Moreover, temporary amounts are not returned after the final decision is made.

If, after the final verdict of the court, the established amount of alimony exceeds the temporary amount , the difference is compensated by the payer and paid in favor of all children.

Paperwork

The least difficulties with paperwork arise if all three children were born in the same family. Parents decide on payments either by signing a voluntary agreement or in court. But if the children were born in different marriages, then alimony for each is collected on the basis of various executive documents.

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

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

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

Registration of alimony consists of several stages:

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

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

1. Name of the judicial authority.
2. Information about the applicant and defendant in the case (full name, address, telephone number).
3. A clear description of the situation.
   The text of the document must indicate the date of marriage and divorce, the date of birth of the child, information about other marital relationships, and about the fulfillment of alimony obligations by the defendant to other children.
4. The applicant indicates the desired amount of payments and the procedure for their implementation.
5. Since additional documents are submitted along with the claim, their list must be indicated in the application.
6. At the end, the applicant puts a personal signature with a transcript and indicates the date of application.

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

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

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

After the appointment of the fulfillment of the next alimony obligations by a father with many children, the amounts of payments previously paid to previous spouses with children will change. At the meeting, all the circumstances of the case will be discussed in detail, including the financial and marital status of the parties, after which the court will make a decision on the amount of alimony and the procedure for its payment, which will be reflected in the writ of execution. It is a document that allows you to collect established payments from the alimony payer.

Child support for three children from a non-working father

Unemployed parents, just like employed ones, are obliged to support their children until they reach adulthood (Article 80 of the RF IC).

Payment of alimony by an unemployed parent-payer, by court decision, is carried out in a fixed sum of money (Article 83 of the RF IC).

Deductions, in such situations, are made in proportion to the cost of living established in the specific area of ​​residence of the alimony payer or using a similar federal standard (Article 117 of the RF IC).

The alimony recipient has the right to go to court to establish a fixed amount of alimony, and the following documents must be provided:

• passport (photocopy);
• birth certificate of three children (photocopy);
• certificate of divorce (photocopy);
• a certificate of regular income of the alimony payer (salary, pension, etc.);
• documentary evidence containing information about the cohabitation of all three children with the child support recipient.

The court, at the request of the parties, can increase or decrease the amount of the fixed amount of alimony by establishing the frequency and size of indexations (for example, increase payments every year by the amount of official inflation in the country).

If additional (shadow) sources of income for the alimony payer are discovered, in court it is possible to include them in the number of income from which alimony payments are made (“gray” wages, company shares, dividends, etc.). But this will require proof of such income.

Conditions for collecting payments

Alimony payments are subject to recovery from a citizen if it is proven that he has a family relationship with the baby. The payer must be his biological parent or adoptive parent. Evidence of this may be:

• Birth certificate;
• Certificate of adoption;
• Certificates of recognition of paternity.

In the absence of proper registration of paternity, the child’s mother may request in court to establish paternity and conduct a genetic examination. When paternity is confirmed, the court orders alimony.

Payments are made until the common children reach adulthood. The recipient can apply for alimony at any time until the last son or daughter turns 18 years old. In some cases, payments are also available to adults if they are disabled.