Minimum amount of child support in 2021: what is the payment amount?

The main essence of alimony is the financial support of children. The “bone of contention” in resolving this issue is the amount of money. The payer wants to pay less, the recipient wants to receive more. There are 2 solutions:

• agreement (Article 103).
• court (Article 81).

No matter which way you go, alimony will be paid in a fixed amount (Article 83), or in shares. In shares - this means as a percentage of earnings, where the percentage is affected by the number of children. 25% for one child, 33% for two and 50% for three children.

Reasons for reducing alimony

• The presence of other minors and (or) disabled adult children with the alimony provider.

For example, Vasily has two children from different mothers. For each child, 25% was withheld from his salary, although by law it should be 33%. Vasily turned to our specialists, they helped him draw up a claim and prepare documents for the court. The court made a positive decision and alimony is now 16% for one instead of 50% for two.

• Having disabled parents in the care.
• Little income.

For example, Yuri lives in St. Petersburg, works as a loader, his salary is 20,000 rubles. For three children, he was charged 10,000 rubles or 50%. The cost of living in the city for the working population is 12,079.5 rubles. It turns out that after paying alimony, his income fell below the subsistence level. Yuri filed a lawsuit that his rights were violated and alimony was reduced.

• Health problems of the alimony payer (long-term rehabilitation after illness, resulting in incapacity for work).
• Disability of the alimony payer (group 1 or 2).

For example, a person himself needs help and special care, which entails additional costs.

• Another child in care has a serious illness requiring long-term treatment or disability.

How is child support calculated when collecting it through the court?

It happens that parents do not communicate and do not want to come to an agreement peacefully, or the trustee refuses to pay child support for the child/children. You shouldn’t be upset, because there is another way to collect the required financial assistance - by going to court.

Having completed a legally correct application and attached the necessary documents, you can apply to the court. Please note that the calculation will be carried out according to the old model , since the new bill has not yet been adopted.

Rules that the judge will follow:

1. The amount will be determined by the court taking into account the number of children and the required parts provided for in Article 81 of the RF IC.
2. They will look to see if the payer has official earnings.
3. With unofficial income, the amount of alimony will be determined based on the same parts, but the minimum wage will be included in the total earnings.
4. If the income of the parent or guardian is in foreign currency, or is irregular, then they may assign a payment in a fixed amount, that is, with a fixed amount. Moreover, assign payment of alimony in this way every month.
5. The payment amount may increase. For example, if a child needs to pay for his studies or needs money for medicine, the judge has the right to increase the amount.
6. The size can be reduced. Of course, the financial situations of the parties, the health of the payer, as well as the mandatory attention that child support parents must pay will be taken into account.
7. Period of incapacity for work of the payer.
8. The period when a parent could not get a job and needed funds for children or a child.

The legal framework underlying the calculation, determination and collection of alimony:

1. Federal law number 223.
2. Article 113 of the RF IC.
3. Federal Law No. 229, Article 102.

When making a decision, the judge will necessarily listen to two sides. Therefore, if you want to “knock out” more funds for your child/children, then prepare a documentation package confirming the debtor’s income, or entrust the case to a smart lawyer.

On March 7, 2021, changes to the legislation came into force, providing additional guarantees for mothers who do not receive alimony due to the fact that the location of the child’s other parent has not been established.

If the search for the second parent, which lasted for a year, did not produce results, then the bailiff informs the claimant about this and explains to him the right to go to court in order to recognize the parent as missing. If the court decision is positive, the mother can count on receiving a survivor's pension .

Grounds for refusal to reduce alimony

It is not uncommon for fathers to go to court and request a reduction in child support due to the mother’s high income. However, Articles 60-61 of the RF IC regulate this process and establish that the maintenance of children should be in equal shares.

Also, a situation where a child owns real estate (apartment, dacha), but which does not generate income, cannot be a reason to reduce the payment.

You will receive a refusal citing the fact that the minor has income in the form of benefits, pensions or scholarships.

Agreement on payment of alimony

The best solution would be if the parties can reach a consensus on their own, Art. 80 IC RF. But in accordance with Article 103 of the RF IC, alimony must correspond to the amount that the court would assign.

Such an agreement is drawn up in writing in the presence of a lawyer. The agreement may be terminated and changes and amendments may be made to it.

By agreement of the parties, the amount of payments may be minimal, but compensated by additional investments: payment for sections, purchase of clothing, payment for vacation, etc. Or intangible, for example, regularly spending time with children.

A fixed amount of money

The alimony payer regularly pays alimony, but the remaining amount after deduction does not correspond to the minimum subsistence level. In this case, going to court is justified, the rights of the parent are infringed. Or, on the contrary, the recipient may demand payment of alimony in a fixed payment when the payer’s income is unstable. File a claim in court.

Methods for reducing alimony

All the methods we have listed are aimed at direct participation in the lives of children, managing one’s own funds, and not evading child support. They are necessary for those who cannot achieve justice through the courts. It happens that a conscientious payer is financially squeezed and is in a state of despair. As we know, the alimony collection system protects the recipient, as a rule, the mother, without assessing her actions. A woman can interfere with the father’s participation in the children’s lives, it is inappropriate to waste alimony, which is practically unprovable in court.

Half the Large Alimony Method

The essence of the method is that part of the alimony, but not more than fifty percent, is transferred to an account in the name of the child.

Will it suit me? Only those who have a large income can use this method. Suitable for those who consistently receive a high salary and will not change their occupation.

Pros – an investment in the child’s future.

Disadvantages - it does not allow you to regain control over your cash flow, does not increase personal income, and does not allow you to manage even the part that is transferred to the child’s special account. To use the funds, you will have to obtain the consent of the guardianship and trusteeship authorities and the consent of the recipient of alimony.

How to use the method? Go to court with a claim. Argue that your payments are disproportionately high compared to the expenses for the child.

Individual entrepreneur method

The essence of the method is to change the type of activity, move from an employee to an individual entrepreneur.

Will it suit me? Suitable for those who are ready to work for themselves.

Pros - individual entrepreneurs themselves extract personal income from their business and control it. The entrepreneur determines for himself how to develop the business and what part of the income he will invest in the business and what part he will spend on himself. The main thing is to choose the right taxation scheme and regime. There are only two modes: general and special. The general regime is disadvantageous and difficult. The special regime includes several tax schemes. The tax is levied on a fixed amount, which does not depend on actual income and expenses. Or such a simplified “income minus expenses” scheme. With this scheme, any costs associated with the business can be included in expenses. The schemes allow you not to declare real income, for example imputed income (IMNI).

The advantage of this method is obvious: managing your income and the ability to control it using a properly selected taxation scheme.

Disadvantages – the income remains personal. The second disadvantage is that the entrepreneur's income may vary.

How to use? Start your own business. Or perform the duties of an employee on behalf of an individual entrepreneur. For example, you were listed as a driver in a company, you can open an individual entrepreneur, enter into an agreement with the employer and provide driver services on behalf of the entrepreneur.

Legal entity method

The essence of the method is that you become a legal entity, the income of this legal entity is not subject to alimony, since the personal obligations of the owner (founder) are not the obligations of the legal entity. Since the company is a separate legal entity, business profits are no longer personal income, so alimony cannot be withheld from it. You can be in an ordinary position and receive a salary, but in reality you manage the company and control its income. Businessmen use the profits of their companies and include part of their own expenses in the company’s expenses: business trips, buying a car, etc. However, it should be remembered that unreasonable expenses may arouse suspicion from the tax service.

Pros: complete control over personal income. The ability to provide for children directly.

The disadvantages are the complexity of this method.

How to use? Start your own business as a legal entity.

Minimum amount of alimony - from what income is alimony paid?

It is planned that the minimum amount that trustees will pay will be equal to the cost of living . But while the bill is being developed, Chapters 13-17 of the RF IC will control and regulate the relationship between child support providers and children.

For reference: The budget for 2021 will be finalized in November-December 2021, then the exact cost of living will be known.

Now we can, based on expert forecasts, assume that the cost of living in 2021 will be (in 2021 the cost of living is 10,444 rubles) for all categories of citizens 11,280 rubles . In addition, they may legalize the recalculation of the cost of living quarterly, in accordance with the level of inflation.

According to Article 81 of the RF IC, in 2018 the following amounts were paid:

1. Every month, one child is entitled to 2,611 rubles - this is exactly 1/4 of the total income of the parent or guardian.
2. For two children, 3,481 rubles are due - 1/3 must be paid by the parent according to the old laws.
3. And for three or more children the amount will be 5222 rubles. , exactly half of the alimony worker’s total income.

Child support will be calculated only from the “white” official salary. The employer has no right to pay less than the minimum wage. Thus, single mothers will be able to count on at least some financial assistance.

Please note that each region has its own cost of living, so the amount of alimony may vary slightly.

The amount of alimony payments may be increased or decreased. This will have to be achieved through the courts.

Everything about regulating relations with a child after a divorce - the rights and responsibilities of parents.

Alimony payments can be written off from the following income of the obligor:

1. Earnings for hours worked. Usually only the official payment is recorded. If a parent receives a “black” salary and the state does not know about it, then alimony will not be written off from this income.
2. Bonuses, work rewards and other incentives. Also, only official income is taken into account.
3. Earnings for additional bets . They can collect alimony not only from one salary, but from all, calculating the total earnings.
4. Additional payments for difficult working conditions.
5. Additional payments due for length of service.
6. Vacation payments.
7. Scholarship awards.
8. Pension payments.
9. Various benefits , for example, for disability, unemployment, etc.
10. Earnings from an individual entrepreneur.
11. Payments received upon conclusion of civil contracts . For example, when selling his property, the alimony provider is obliged to pay a certain part to the child.

Also, when deciding the issue of collecting alimony through the court, the prosecutor can determine other income of the debtor , from which the required funds will be written off.

Please note that no money will be collected from humanitarian aid, survivor's pensions and other compensation paid to the alimony provider.

How to make an application to the court

We recommend that the alimony provider contact a lawyer. There are many pitfalls in the issue of reducing alimony. The lawyer will put everything “on the shelves” and develop a strategy for the case. And of course, a well-drafted claim is half the success.

Do you have any doubts, what if the other party uses the help of a lawyer? Then there is a high probability of losing the case.

Statement of claim

The following data is indicated:

1. Full name and address of the alimony provider and the defendant.
2. Name of the court where the application is sent.
3. The number and date of the document that establishes the current payment amount.
4. Desired payment amount.
5. Reasons for reducing alimony.
6. Attach proof documents: birth certificate of the second child, health certificate, certificate of increase in income, and so on, respectively.
7. Date and signature of the originator.

The following are attached to the claim:

1. Identity document.
2. A copy of the child's passport or birth certificate.
3. Certificate of adoption (parents were not married at the time of the baby’s birth).
4. Receipt for payment of state duty.
5. A copy of the court order on the current amount of alimony.
6. Certificate of income 2-NDFL.

Prepare copies of documents, one for each participant in the process. Contact the magistrate's court at your place of residence. You will be notified in advance of the date and place where the meeting will take place. Your case will be reviewed and a decision made. It happens that the defendant makes a counterclaim. If the court makes a negative decision, you can appeal it. If positive, then notify the employer in writing, attaching a copy of the writ of execution.

Calculation of alimony from the subsistence level

The amount is calculated taking into account the cost of living if the court orders maintenance in a fixed amount. As a rule, for this purpose they take the cost of living in a particular region and divide it in half. This position is explained by the fact that both parents must support their child equally. Exceptions are situations where the claimant has a minimum income, and the defendant has the opportunity to pay more than this amount.

If the cost of living has not been established in a particular region, then the all-Russian indicator is taken into account.

Calculation example.

The monthly minimum wage per child in the region is 12,000 rubles. If the court satisfies the requirement to collect alimony in the amount of ½ monthly minimum, the payer will transfer 6,000 rubles monthly.

You can also file a statement of claim demanding the recovery of 0.8 PM, for example. Under the same conditions, payments will increase to 9,600 rubles:

12,000 x 0.8 = 9,600 rub.

Is it possible to reduce alimony debt?

Lost income and couldn't pay bills? For the unemployed, alimony is calculated based on the average salary in the region. For regular non-payment, a penalty is imposed in the amount of 1/2% of the amount owed for each day or 182% for the year. For evasion of payments, criminal liability is provided, with a term of imprisonment of up to 1 year.

Such cases are considered in court. Only if there is a good reason, the court will make a positive decision.

• Loss of a job (downsizing, liquidation of an enterprise) Voluntary dismissal is not considered a valid reason and will be regarded as negligence.
• Temporary disability due to serious illness.
• Financial difficulties (for example, delays in wages. Or the cost of caring for persons in care due to serious illness).

Termination of alimony obligations

• If the child reaches 18 years of age (the age of majority).
• In case of transfer to the payer for trusteeship;
• If a child over 16 years of age is working. Let’s make a reservation right away that the court will cooperate in such a situation if the payer is a pensioner, disabled or has a low income.
• In case the child is not in need. For example, has income from the rental of owned real estate or securities.