Whether a parent lives with his child or not, whether he has other children or not - the Family Code doesn’t care - according to Article 80, a parent is obliged to financially support his own child until he reaches the age of majority, unless otherwise provided by law and life circumstances.
Practice shows the opposite - the parent is in no hurry to pay child support, not only voluntarily, but even by court decision. And even more so, he finds a legitimate excuse at his own discretion regarding non-payment of alimony: “I have a new family and there are children there too.”
What should the parent with whom the child lives in such cases do? Regardless of how many children and from what marriages the payer has, he is obliged to pay alimony to all of them - it can be collected through the court or by drawing up a voluntary agreement. We’ll look at how to do this in more detail below.
How are they installed?
The amount of payments in the event of a divorce is determined on the basis of family law. In this case, the amount of different alimony for different children will be determined according to the same principle without restrictions. This issue is regulated by Art. 81 IC RF.
According to this norm, the calculation is carried out as a percentage, taking into account the earnings of the parent obligated to pay child support:
- 25% for one child;
- 1/3 of earnings for two children;
- 50% for three or more children.
It does not matter whether these children have different mothers or are from the same woman (man). The payer of alimony can be either a spouse or a spouse. The same rules apply.
Note! These percentages may be changed up or down at the discretion of the court.
There is also the concept of fixed charges. Here the court sets a specific monthly payment amount. This happens when the obligated parent does not have an official or stable job, if his income is not fixed or changes every month. The material and social components are taken into account.
In addition, the law does not oblige you to adhere to established rules if the parties are ready to negotiate. Often, spouses themselves determine the amount of payments, regardless of whether there is one minor, two or several from different marriages.
Payments to children from different fathers
In practice, situations arise when a woman raises two or more children alone and all or some of them have different fathers. In this case, the general procedure for calculating alimony will be applied and the issue will be resolved based on an agreement with each of the fathers. All men should also be sued, and the amount of payments will be determined taking into account their income. The alimony providers are not related to each other in any way.
It is better to consider the situation when different fathers pay alimony to different children using an example. Let's say a woman has three children. Two are from her first husband, and the third is from her second, from whom she is also divorced. Both men are ordered to pay by court order. However, the amount of these alimony payments will vary.
A man who has two children will pay them half of his earnings, which is, for example, 40 thousand rubles. That is, for two children a woman will receive 20 thousand rubles. The second husband is the father of only one and receives a salary of 20,000 rubles. Consequently, he is obliged to pay 25%, namely 5 thousand rubles. And in total, the woman will receive 25 thousand monthly alimony for different children and from different men.
Note! It is impossible to sum up alimony if there are different husbands with obligations for different children. Everyone is responsible for their responsibilities to their own children.
Where to contact
To establish alimony obligations, potential recipients must apply to the court with a corresponding application.
After the act is issued and it comes into force, it is necessary to obtain a writ of execution or a court order and submit it to the bailiff service.
The parties can also enter into an agreement if they were able to reach an agreement. To do this, you will need to draw up the text of the document and contact a notary, who will certify this paper. The agreement may stipulate many conditions, including frequency, amount of payments, conditions for termination of payments, and so on.
Is it necessary to pay for all children?
Payment of child support to three or more children from different marriages is the responsibility of the parent, which remains with him until the child reaches adulthood, and in some cases, until graduation. However, many fathers seek to avoid such financial losses, and while some simply avoid transferring money, others may claim it legally.
The grounds for termination of alimony obligations are provided. These include the following situations:
- adoption of a minor by the woman’s new spouse;
- it has been established that the man is not the biological father;
- residence of a minor with his father, as determined by a court decision;
- death of one of the parties;
- the child reaches the age of eighteen.
Note! There are no grounds for refusing to pay alimony. The law regulates only the termination of obligations, which in most cases depends little on the will of the parties.
Also, in addition to the complete termination of alimony obligations, the possibility of relief is provided. This is also possible in certain circumstances: concluding an agreement between former spouses, transferring expensive property (housing, car, etc.) towards alimony, determining a fixed amount of payments, the dependent’s coming of age, transferring a large amount to the child’s account.
In this case, the fact of an agreement between the former spouses must always be present. If an agreement cannot be reached, then the only way out is to go to the courts.
Innovations
The responsibility to support the child lies not only with the parent with whom he lives, but also with the second one who left the family. This obligation is to pay alimony in order to ensure the basic life needs of the recipient and is established until adulthood.
This year, 2021, it is planned to introduce a number of amendments to the legislation, which are as follows:
- The duration of payments can be increased until the person reaches 24 years of age, provided that he is a full-time student (currently it can be set up to 23 years of age).
- The payer may be assigned an additional obligation - the need to provide living conditions for the child.
- It is planned to establish a minimum amount of alimony (if it is set in a fixed amount). Presumably, it will be fifteen thousand rubles.
- To determine the amount of payments, it is recommended to take into account the average salary in the recipient’s region of residence. At the moment, the average salary of the payer is used, and in cases where he did not work, the average salary in the country.
At the moment, these changes to the law have not been adopted and are being actively discussed.
Amount of payments to children from different marriages
Situations are identified in which the procedure for obtaining alimony for 2 or more different children, including those from different marriages, will differ. Here we need to take into account how many husbands a woman has had, different fathers or mothers of children, and so on. From here the method of calculating payments will be determined.
- First situation. A woman has two children from two different men. Each of them must fulfill his obligations to the minor. Consequently, the mother files a lawsuit against one husband and the second. These will be two different productions. At the same time, the mother will be able to receive the legally established 25% of earnings from each man.
- Second situation. The man has two children from two different women, and each of them filed for child support. In this case, each mother can also claim 1/4 of the former spouse's income, which will ultimately lead to the loss of half of the man's earnings.
Practice allows the defendant to file a motion to reduce the amount of payments, for example, to ask for the total amount of payments to be set at 1/3, that is, 1/6 for each. However, such situations are considered individually. A man must have grounds for reducing the amount of deductions.
Note! The total amount of alimony withheld from a man cannot exceed 70% of his earnings. In this case, the amount of income is determined from salary and additional funds.
Features of payment of alimony upon application or court decision
It is possible to draw up a voluntary agreement, which must be certified by a notary. The document must confirm the amount and date of receipt of funds for raising children.
A voluntary agreement has legal force, as a result of which it can be compared with a writ of execution (Article 109 of the RF IC).
The magistrate must help resolve issues related to the payment of child support to several children.
You can do without a trial if there are no questions about establishing maternity or paternity or other difficulties. In such situations, the application must be addressed to the magistrate, who must issue the appropriate court order.
In this case, litigation and multiple meetings can be avoided. In this case, after 5 days you will be able to receive a court order, which has legal force comparable to a writ of execution. Thus, the issue regarding alimony is resolved in the shortest possible time and according to a very simple scheme.
It should be noted that alimony must be paid within ten days from the appointed date. Otherwise, the court order will not be justified and it must be withdrawn, as a result of which a trial will still be required.
Features of using a writ of execution
Initially, they draw up and file a claim, turning to the magistrate’s court to resolve the problematic issue. After this, proceedings begin based on the specifics of the current legislation. The main document will be the writ of execution, which is sent to the place of work or residence.
You need to be prepared for the fact that fairly large alimony payments may be awarded in court if the mother and child are experiencing financial difficulties, and the child’s father is able to pay more than the minimum level. All life aspects of all parties are taken into account.
Payments under alimony agreement
Reaching an agreement on the calculation of alimony is the best option for solving the problem. Having an agreement establishing the procedure for calculating and paying child support for 3 or more children from different marriages will avoid disputes and even appeals to the courts. However, to do this, the parties must come to a compromise and determine the exact amount of payments.
An alimony agreement is a written agreement that is agreed upon by the parties (former spouses) and certified by a notary. In this case, the document must include the following information:
- information about the parties (full names, passport details, dates of birth), which are referred to as the payer and the recipient;
- subject – alimony payments in fixed form or as a percentage, taking into account the payer’s earnings;
- information about children indicating names, dates of birth;
- determining the duration of the agreement (in most cases until adulthood);
- rights and obligations of the parties;
- methods of payment of funds (cash on receipt, non-cash transfer);
- signatures of the parties;
- date of the agreement.
Important! A notary's mark is required. This type of agreement requires certification by a lawyer, otherwise the agreement is invalid.
The advantage of the agreement is that it is not necessary to follow the requirements of the law on the amount of alimony. You can determine any amount to be paid, the main thing is that the parties come to an agreement among themselves. It is important to clarify that unilateral refusal of the agreement is not acceptable. If there are special situations, alimony obligations will cease by law, and on issues of further termination and amendment of the contract, the parties must also come to a compromise.
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.
Payments under several writs of execution
This issue is regulated by the Federal Law “On Enforcement Proceedings” and involves the forcible deduction of alimony by the employer from the salary of the obligated person. The meaning of the provisions of the law is that the monthly amount of payment established by the writ of execution is collected from the employee of the organization and transferred to the account of the recipient of the funds. All this is controlled by the employer's accounting department.
In situations where it is necessary to pay alimony for three children from two marriages at once, the rule of writs of execution also applies. The point is that even if two different women sue the same man to receive alimony, as a result of which two writs of execution are formed, the recovery will be carried out for each document without exception.
It should be noted that a man can have many children. When their number exceeds three, the question arises with the amount of accruals. How the payments will be distributed will be determined by the court; however, it must be taken into account that the total amount of monetary withholding should not exceed 70% of the salary of the obligated person.
Duration and cost of the procedure
The notarial agreement is drawn up directly on the day of application. A notary will charge 500 rubles for certifying a document. duties. You will also have to pay for legal services (LPH) if the agreement is drawn up by specialists from a notary office. Typically, the fee for UPH is 1500-2000 rubles. When preparing a complex document, the payment amount may be higher.
When filing claims and applications for a court order, no alimony fee is paid. The period of claim proceedings can be up to 30 days. The order is issued within 13-15 days unless the debtor files an objection. You can independently send enforcement documents to the FSSP. The Code of Civil Procedure of the Russian Federation also allows you to file a petition so that the court itself sends an order or writ of execution to the bailiffs.
Is it possible to change the amount of alimony?
The main reason for recalculating the amount of alimony, whether up or down, is a change in the financial and social situation of the obligated person.
For example, if a man loses his job, then alimony can be converted into a solid form, since he has no official income. Or vice versa, the father’s salary increases, and accordingly, the percentage deduction of alimony from it also increases.
If there is an alimony agreement, the amount of payments can also be changed by agreement.
Calculation example
To understand the principle of calculating alimony, you should consider examples of their calculation in two possible options: percentage and fixed amount.
Example 1. A man has two children from different women. He is obliged to pay each of them 1/4 of his official earnings, which was established by the court. Therefore, having a salary of 45,000 rubles, he is obliged to pay each of his children 11,250 rubles monthly at the rate of: 45,000 * 25% = 11,250, while the total amount of deduction by the employer will be: 11,250 + 11,250 = 22,500 rubles - half of all earnings.
Example 2. The father does not work, but is obliged to pay alimony to his children, of which there are two. A man does not receive unemployment benefits, which means that the minimum subsistence level of 16,260 rubles (Moscow) is taken as the basis. The calculation may be as follows: 16,260 * 0.1 = 1,626 rubles for one minor, therefore, for two children, alimony will be 3,252 rubles.
Thus, even if there are several children from different marriages or from one woman, the man will be required to pay the amount of alimony established by law.
Termination of obligations is possible only in exceptional cases. Order a free legal consultation
Controversial situations
Typically, alimony collected by court or executed under an agreement is calculated by an accountant at the place of work and transferred to the recipient.
The most convenient thing is to make transfers by bank transfer or by postal transfer, so it will be convenient to prove that the payments were actually made on time. When transferring cash, it is necessary to draw up receipts for this. Controversial situations mainly concern the lack of payments.
- If the alimony payer evades his obligation, he faces administrative and then criminal liability. All cases of alimony are processed quickly, and in just 4 months of delay you can lose your bank accounts, the opportunity to sell an apartment or drive a car. Penalties of half a percent of the debt are applied to debts daily. And for significant debts you can be imprisoned for a year;
- If a potential alimony payer has no official income, no property, does not drive a car and does not intend to leave the country, then there is no leverage left for the FSSP. In this case, it is possible to award alimony, but most likely it will not be possible to receive it until the unlucky parent finally finds a way to improve his situation.
To collect child support for three or more children, you need to follow the same algorithm as when collecting allowance for one person. First, the case goes through a judge, then goes to the bailiffs. You can sue no more than half of your earnings
It is important that a parent can voluntarily pay his children more than half if he is ready to afford it. This payment option can even be supported by a notarized agreement; this does not contradict the law
