When discussing issues related to the payment of child support, issues of alimony for one child are most often raised. However, one or another parent may have two children in the same marriage, or may have two children from different marriages. Our material is devoted to child support for two children.
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Amount of alimony for two children in shares
In what amount is a parent obliged to pay child support for two children or in what amount is it subject to recovery from him? To answer this question, let us turn to Art. 81 of the RF IC, according to which, for 2 children, alimony is collected by the court from the parent in the amount of one third of the parent’s earnings and/or other income.
That is, if a parent has not entered into an agreement with the other parent on the issue of paying child support, has income, and the income must be official, otherwise there will be difficulties in collecting and proving unofficial income, then 1/3 of this income will be withheld alimony.
However, if we turn to other provisions of Art. 81 of the RF IC, then the amount of alimony in the form of 1/3 for 2 children can be either reduced or increased by the court. In this situation, everything will depend on the financial or marital status of the parties, as well as on other circumstances; this is, so to speak, an exception to the general rule, according to which alimony for 2 children is collected in the amount of 1/3 of earnings or income.
USEFUL : more information about collecting alimony from the child’s father at the link
What to do if you receive a refusal to pay
But what should those whose ex-husband hides their income and completely refuses to give money to their children? Then the defaulter may be subject to compulsory work. A good reason for this is the lack of payments for six months. The work will be paid for and, accordingly, alimony will be withheld from this money.
Also, according to Khanamiryan, there is criminal liability for non-payment of alimony. However, in this case, the bailiff must take control of the situation. He turns to higher authorities to initiate enforcement proceedings and announces a search for the citizen’s property and accounts. After that, a visit is made to the place of residence or registration of the defaulter, where the property is described and confiscated. All money received is directed to the needs of children.
Alimony in a fixed amount for two children
What to do with child support, how to collect it from a parent who does not work or works unofficially? In this case, Art. 83 of the RF IC speaks about the possibility of collecting alimony in a fixed amount. In this case, the issue of collection arises when an agreement is not reached between the parents on the issue of paying child support.
Child support for 2 children from a non-working parent is subject to recovery as for one child in a fixed amount. In such a situation, the plaintiff is obliged to justify why alimony should be collected in a specific fixed amount of money, namely, to indicate that the collection of alimony in proportion to earnings is impossible, since the defendant does not work or is in difficulty, or collection in proportion to earnings materially violates the rights and interests of one of the parties.
It is also possible to recover alimony from an unofficially working parent in a fixed sum of money, citing the same circumstances as when collecting alimony from a non-working parent. Unofficial earnings cannot be somehow tracked or determined, so alimony must be collected in a fixed amount.
In any case, the court will evaluate the arguments of both parties on the issue of collecting alimony in a fixed amount, trying to maintain the same level of security for the children.
Child support payments in 2021
Child support is a mandatory payment. Alimony payers are divided into two groups:
- Those who do it voluntarily;
- Those who do not want to pay, then debt collection from the payer occurs in court;
Payers who agree to pay alimony voluntarily, as a rule, negotiate amicably with the other party on the amount of payments. To do this, a written and notarized agreement is concluded. If the amount of alimony cannot be agreed upon, this issue is resolved in court.
Typically, the amount of alimony is assigned as a percentage of the parent’s salary or other income (for 1 child - 1/4, for two - 1/3, for three or more - 1/2). In cases where this is difficult to do, for example, the salary is not permanent or unofficial, the person does not have a permanent job or is an individual entrepreneur, alimony can be assigned in the form of a fixed amount linked to the subsistence level.
The Kontur.Accounting web service calculates alimony, other deductions and charges. Accounting, taxes, salaries, reporting sent via the Internet in one service. Get free access for 14 days
Voluntary alimony payments
If the alimony payer is ready to make voluntary payments, he must submit an application to the accounting department of his company to withhold alimony from his salary.
It must indicate:
- Start date of alimony payments;
- Retention amount;
- The timing of the transfer of money to the recipient of alimony;
- Recipient's bank details;
In addition, the application must be accompanied by a notarized agreement of the parents on the payment of alimony, a writ of execution or a court order, if the amount has been determined by the court. Previously, it was necessary to provide original documents, but now bailiffs have the right to issue a copy of the writ of execution.
In the event of a disagreement regarding alimony, the court has the right to determine the amount of alimony based, for example, on the defendant’s salary. Typically this is a quarter, a third or half of a parent's official income for one, two or three children, respectively.
At the same time, the court takes into account that the official salary should not be lower than the minimum wage, which in 2021 was 12,792 rubles, in 2020 was 12,130 rubles, in 2021 was 11,280 rubles, in 2021 - 9,489 rubles with increasing to 11,163 rubles by May 2018. In 2021, the minimum wage was 7,500 rubles. From July 1, 2017, the minimum wage will increase to 7,800 rubles.
Child support must be calculated from the employee’s net income, that is, after personal income tax has been paid. That is, another 13% will have to be deducted from the minimum wage.
There is an opinion that the minimum amount of child support allowed by the court for a parent who has no other dependents and does not have a disability can be calculated from the minimum wage of 12,792 rubles established for 2021. Then the minimum alimony will be 2,783.57 rubles for one child, 3,711.42 rubles for two children and 5,567.13 rubles for three or more children. If you have disabilities and dependents, the amount can be further reduced.
If the parent is officially unemployed, then child support is set at a fixed amount. Its minimum size depends on the subsistence level established in the region of residence of the child. Since parents have equal responsibilities for supporting the child, the cost of living is divided in half. In such cases, alimony is usually firmly fixed by the court and can change proportionally in accordance with changes in the cost of living.
Collection of alimony debt from the debtor
Not all alimony payers are ready to fulfill their functions. Some try to avoid payments. The debt accumulates, and it can only be collected with the help of bailiffs. The court determines the collection period to be three years from the date of application to the bailiff.
If the debtor is officially employed, the amount of his earnings and the employer are known, the debt is determined based on earnings or in a fixed amount of money (if such a procedure was previously assigned). In this case, the writ of execution for debt collection is sent to the employer. The employer will withhold the arrears from the salary in installments.
If there is no data on the debtor’s earnings and employer, then the amount of debt is calculated based on the average earnings in the country (for the period 2021 - 46,674 rubles), or in a fixed monetary amount. In this case, recovery may be applied to other income, to the property of the debtor, or to earnings from the future official employer. In addition, for each day of delay, the alimony debtor must pay 0.5% of the total debt.
According to general rules, more than half of the monthly income cannot be withheld from the debtor. But if you hold debts on child support for minor children, you can seize up to 70% of your salary.
The Kontur.Accounting web service calculates alimony, other deductions and charges. Accounting, taxes, salaries, reporting sent via the Internet in one service. Get free access for 14 days
Alimony for 2 children from different marriages
If everything is clear with the collection of alimony for two children from the same marriage, then the question arises, what to do with alimony for 2 children, but from different marriages? The answer to this question is very simple, namely, alimony from a parent can also be collected in the amount of 1/3 of his earnings or in a fixed amount. Moreover, the defendant in each case must file a petition to reduce the amount of alimony, since he has another child, then if there are 2 children, alimony in the amount of 1/6 of earnings must be collected in favor of each parent.
If alimony in the amount of ¼ of earnings has already been collected in favor of one of the two children, then the defendant subsequently has the right to apply to the court to reduce the amount of alimony, since he also pays alimony for the maintenance of another child.
Thus, regardless of the fact that 2 children may be from different marriages, the total amount of alimony that the parent is obliged to pay does not change because of this, i.e. Child support is subject to recovery in the amount of 1/3 of earnings or for each child in the amount of 1/6 of earnings.
Procedure for reducing alimony
Regardless of whether the second marriage is formalized or not, with the appearance of new children in the family, the amount of alimony for children from the first marriage may be reviewed by the court. In order to change the amount of payments you need to file a claim in court with a magistrate. Attach the relevant documents to the claim:
- Child support provider's passport.
- Child's birth certificate (if the basis for the reduction is an addition to the family).
- Divorce certificate from the first marriage (notarized copy).
- Certificate of marriage (or divorce) from the second union (notarized copy).
- Court decision on the amount of alimony for a child from a first marriage.
- Court decision on the amount of alimony for the child or children from the second marriage (if any).
- Agreement on child benefits (if any).
- Certificate of income 2-NDFL.
The application must justify your request to reduce child support payments. It is better to enlist the help of a specialist in this matter. According to Article 119 of the RF IC, the alimony holder has every right, in connection with a change in marital status or other circumstances, to demand a judicial review of the amount of child support.
Sources:
“Family Code of the Russian Federation” dated December 29, 1995 N 223-FZ
The cost of living in the 1st quarter of 2021
Agreement on payment of alimony
Parents may not bring the matter to court and peacefully agree on the payment of alimony for two children by concluding a written agreement, which must be certified by a notary. Chapter 16 of the RF IC is devoted to the agreement on the payment of alimony.
By agreement, the parents determine the amount in which one of the parents pays child support; it can be a share of income or some kind of fixed sum of money. Also, alimony can be paid by providing some property or in another way agreed upon by the parties. The agreement may also provide for the payment of alimony in a combination of various methods.
At the same time, the amount of alimony by agreement of the parties cannot be lower than the amount that could be recovered from the alimony payer in court, i.e. at least 1/3 of earnings for two children.
At any time, the agreement on the payment of alimony can be changed by the parties or terminated by agreement of the parties, or in court at the request of one party.
Example of alimony calculation
Let's look at an example of how to calculate the amount of payments. So, if a parent’s income is 15,000 rubles per month, then using simple calculations we determine the amount of alimony payments:
15,000 x 33% = 4,950 rubles (amount of alimony per month).
The parent is required to transfer 4950 rubles monthly.
Please note that if a debt to pay alimony arises, a penalty for late payment of alimony may be charged on the amount of uncollected funds, as a result of which a very large amount may be collected from the debtor.
Procedure for paying alimony
The order of transfer is established by the alimony agreement, in the absence of one - by a court decision. According to the law, alimony is used to maintain a decent standard of living that the child had before the parents’ divorce.
The payer and recipient have the right to independently determine how the money will be received - in cash or by bank transfer.
In the absence of an agreement, after receiving a court decision and a writ of execution, the claimant submits the documents to the FSSP, and a specific bailiff is assigned to him, who forcibly collects the money. If necessary, he must take all measures to find the debtor and pay the debt:
- direct the IL to his place of work;
- prohibit travel abroad with a debt amount of 10,000 rubles or more;
- seize a car or real estate when the alimony debt is approximately equal to the value of the property.
The specifics of collecting alimony through bailiffs are regulated by the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings.”
If the recipient knows the payer’s place of work, he can directly contact the accounting department with IL. In this case, alimony will be withheld without the payer’s consent automatically on a monthly basis and will be credited to the recipient’s account no later than three days after the payer receives his salary.
When concluding an alimony agreement, the parties independently agree on the frequency of payments and other nuances, but in terms of monthly alimony, the amount should not be less than the amounts that could be claimed in court. Excess is allowed.
When can the size be changed?
Alimony is paid over a long period of time, during which various kinds of changes can occur, therefore the law provides for the possibility of reducing or increasing the amount of payments (Article 81 of the RF IC).
If an agreement was signed between the parents, but after a certain time they decided to make changes to it and, for example, increase the share of the payer’s income, since the child has more needs, then nothing prevents them from contacting a notary and signing new terms. Any changes in alimony payments are certified by a notary .
If alimony was assigned by court decision, then in order to change its amount, one of the parties must submit an application to the court, which will consider all the circumstances due to which a change in the share of alimony payments is required.
Alimony may be increased if:
- Initially, the court made a decision on the amount of financial assistance being too small;
- the financial situation of the recipient has worsened (illness of the child, educational expenses, loss of income by the recipient of alimony, new obligations);
- it became known that the payer provided false information about his income.
The recipient of alimony must prove in court that he is requesting an increase in the share solely in the interests of the child.
Reasons given for reducing the amount of alimony:
- decrease in income (demotion, layoff, transfer to part-time work);
- health problems;
- the emergence of additional obligations for the payer (loan, alimony payments to another family);
- loss of ability to work.
Since the amount of payments accrued as a share of the payer’s income becomes smaller as his earnings decrease, the court does not always satisfy claims with such requests.
Conditions for assigning alimony
The main condition for the assignment of alimony is the separation of the spouses; a formal divorce is not required. According to the law, funds are allocated only for the maintenance of minor children, but payments to disabled disabled children are made for life.
Collection of alimony is possible in several ways:
- By voluntary agreement concluded with a notary. It indicates the dates and amounts for transfer agreed upon by both parties.
- By order of production. This is relevant if the ex-spouse has no objections, otherwise he will be able to challenge the issued court order within 10 days after registration. To obtain a document, it is enough to submit an application for the issuance of a court order to the court at the place of registration of the payer. If it is unknown, go to the recipient’s registered address.
- By way of claim proceedings. The procedure is performed when the parties have disagreements regarding the amount and frequency of payments or when the defendant evades obligations.
Alimony obligations are regulated by Ch. 13 IC RF. Collection of money through the court is possible at any time, including during divorce proceedings, but if the recipient applies later, it will be possible to claim funds only for the last 3 years.
Accrual conditions
Some spouses are able to decide on child support payments without any conflicts. They independently choose the amount of payments, payment method and other conditions that satisfy both parties. All this is recorded in a written agreement and certified by a notary. We talked about how voluntary payment of alimony is carried out and how a written agreement is drawn up between spouses here.
If a parent avoids their legal obligations, then the other parent has the legal right to take legal action to recover payments. Alimony payments are calculated both during marriage and after its dissolution .
If both parents refuse to provide for their child, the guardianship and trusteeship service can go to court to protect the interests of the children. Art. 80 of the Family Code of the Russian Federation (FC RF) obliges parents to support their minor children.
A parent may be ordered by a court to pay child support on an apportionment basis.
Payment of child support in a shared ratio occurs if:
- he has a minor child whom he is required by law to support;
- the parent has a stable income, from which equal shares can be accrued monthly in favor of the child;
- a legal document on the basis of which alimony will be calculated (writ of execution, alimony agreement).
A voluntary alimony agreement, drawn up in accordance with the law and certified by a notary, has the force of a writ of execution.
Advantages and disadvantages of this type of accrual
It cannot be said that providing financial assistance to children in the form of a percentage of earnings is an ideal option. Shared accruals have pros and cons, both for the recipient of payments and for the one who fulfills his obligations.
The main benefits for the recipient of financial assistance are:
- simple collection procedure - a decision on the assignment of payments can be made by issuing a court order;
- as the income of the party responsible for paying the funds increases, the amount of income per child also increases;
- stable monthly receipt of financial assistance, since the accounting department of the enterprise where the payer is employed is responsible for writing off funds.
But if you look at the situation from the other side, many advantages can easily turn into disadvantages:
- the party obligated to make payments may provide false documents, on the basis of which the court will decide to pay underestimated amounts;
- the payer may intentionally switch to part-time work, which will lead to a reduction in the amount of payments;
- the recipient may not be aware of the other party's unofficial income.
If the child’s father does not have a stable income, or works under a contract, then the child will be in a more advantageous position if payments are calculated in a fixed amount.
