Minimum amount of child support in 2021
The minimum amount of alimony depends on income or the cost of living. It should not be less than 25% of the minimum wage established in the region, which for 2021 is 12,792 rubles. Then you can perform a simple calculation:
(12,792 – 13%) × 25% =” 2,782 rubles. “26 kopecks.
This is exactly the minimum value when it comes to one baby. If we talk about a fixed amount, it is half of the child's subsistence level. But different regions of the Russian Federation have their own cost of living.
An unemployed person will not escape payment either. The funds will be taken from the benefit. The unemployed receive a minimum benefit of 1,500 rubles. This means that the baby is owed 375 rubles. You can see more details in the table.
How many children receive child support? | Amount of monthly payments (in rubles) |
the amount of alimony for 1 child (a quarter of what is earned) | (12792 — 13%) / 4 = 2782,26 |
amount of alimony for two children (one third of earnings) | (12792 — 13%) / 3 = 3705,97 |
amount of child support for three or more children (half) | (12792 — 13%) / 2 = 5564,52 |
How much child support is withheld from an unemployed father?
The accounting department at the defendant’s place of work may be entrusted with withholding half of the salary and transferring money to pay the children. Even if the children to whom the payment is made live in different families, the transfer procedure is not particularly difficult.
If the father, who is obligated to pay child support, does not work or works seasonally, then the children may be left without a livelihood. In this case, lawyers recommend asking the court to order the payment of alimony not in the amount of 50% of wages, but in a fixed sum of money. For each child, this amount is determined by the minimum provision budget for a given age category for the region in which the children live. If such criteria have not been developed in the region, then the national standard for child support is taken as the basis.
Amount of alimony: how is it calculated?
The law allows you to negotiate the amount yourself or go to court if disputes arise. In the first case, you can draw up an agreement, write down all the important nuances in it and confirm it. This money is paid monthly, but a different procedure can be specified in the agreement. The calculation is carried out using the following methods:
- As a share of income. Personal income tax is not taken into account, therefore only net earnings are taken into account. It is divided into a percentage, depending on the number of heirs in need of help. The deduction can be carried out directly in the accounting department of the company where the alimony payer works.
- Fixed amount. It is calculated depending on the child’s subsistence level in the region and is half of it. The calculation method under consideration is used if the payer’s earnings are inconsistent, the amounts differ, or there is no earnings at all (confirmed). As the VPM changes, the amounts need to be recalculated.
You can also calculate help for the baby using a mixed form of the two listed options.
Indexation and current amount of alimony
Bailiffs can carry out indexation if enforcement proceedings have been opened against the payer. This can also be done in the administration of the institution that is involved in withholding funds.
Indexation is carried out taking into account the cost of living, since it is a share of it. This approach is used when it comes to payment in a lump sum. The amount of child support for minor children is indexed according to the following scheme:
- The current cost of living is found out at the time when the court decided to collect funds;
- Select the number of PM, which will be a multiple of the amount of deductions;
- Multiply the multiple by the size of the PM.
As a result of these simple calculations, you will get an indexed indicator. Indexation should be carried out only if the cost of living increases.
The amount of alimony in 2021 and its voluntary payment
It is most convenient to pay money voluntarily, since both parties will be able to minimally avoid troubles from a showdown and the children will not suffer. The amount of child support for one child allows you to pay in cash. But the fact of transfer of finance must be confirmed. For example, a receipt. In addition, you can transfer money using the following methods:
Via bank transfer or online banking
You can quickly and conveniently send documents through a banking service by sending them to a card or bank account. Today, everyone has either one or the other, and even if they don’t, it takes a few hours to register them. But in order for the amount to be counted, the purpose of the payment must be correctly indicated and the payer must be the sender of the money. All information about the completed transaction should be stored in your personal banking account
By postal transfer
This option is preferable if the recipient for some reason does not want to provide details. In addition, you need to pay a rather large commission for a postal transfer.
Through accounting at work
The payer can leave a statement to the employer, according to which an amount that is a multiple of child support will be withheld from his salary.
If there is no court decision or agreement, all transferred amounts will be considered financial assistance, but they cannot be called alimony.
Procedure for paying alimony
A parent-educator can receive maintenance funds in several ways:
- to a bank account;
- to a bank card;
- monthly transfer by mail;
- at a personal meeting with the payer.
Transfer to a card, by mail, or from hand to hand occurs when the ex-spouse fulfills his duties in good faith. Transfer of funds to a bank card is carried out upon his application at the place of work or by him personally. Postal transfers and hand-to-hand transfers are possible with his personal participation.
Important! The basis for payments is an oral contract or alimony agreement.
If transfers are evaded, deductions are made according to a writ of execution, which is presented to the bailiff at the payer’s place of work. He will control the deduction, transfer, and receipt of alimony throughout the entire period of validity of the court decision.
Amount of alimony: how to pay through bailiffs?
Bailiffs can contact the employer to withhold part of his earnings to pay alimony. The money will be sent to the claimant. When initiating enforcement proceedings, the bailiffs will monitor how correctly the instructions are followed.
When the defendant is not officially employed, he may not wait for the bailiffs to arrive, but immediately transfer the money to the claimant’s account without using the bailiffs’ details. Then the money will appear in the account much faster - in 1 day, instead of 3-5 with the participation of bailiffs.
Sometimes there is already a debt, but there is no official work; the exact amount can be determined by the average salary level in Russia. This happens because without official employment it will not be possible to confirm income.
Responsibility for evasion of alimony payment
If there is no receipt of alimony in the account within six months, it is considered that the defendant is maliciously evading alimony obligations. The mother or persons who are involved in raising children (guardians, educators) can report this violation of the law to law enforcement agencies. According to Article 69 of the RF IC, the defendant may be deprived of parental rights. Article 157 of the Criminal Code of the Russian Federation provides for other forms of punishment for non-payment of alimony, up to and including imprisonment. If the location of the defendant is unknown, he will be put on the wanted list, and state guardianship and trusteeship authorities will have to resolve the issue of financial support for minors.
Amount of alimony for 1 child
To calculate the amount of child support for one child, it is necessary to take into account the financial situation of each of the parents, what their marital status is, etc. In this case, recovery occurs in a fixed amount, such as 25% of income, or in real estate/movable property.
The most common option is to withhold a percentage of income. Moreover, not only wages are used as income, but money from rent, fees, pensions, various dividends, and benefits for the unemployed. Although there are means from which you won’t be able to retain some of it. For example, maternity capital, benefits for natural disasters.
Amount of alimony per child in percentage equivalent
The maintenance of a minor requires 25% of his income from the alimony payer. Only the court can decide whether to reduce or increase the share in question. A reduction usually occurs if the alimony payer has received disabled status or is in a difficult life situation. Money can be collected under the following circumstances:
- If the parents have drawn up an agreement among themselves, having it certified by a notary. In such a document, the amounts of payments are determined independently, but only on condition that the contents do not contradict the law.
- Court order. The court itself decides on payments without involving parents.
- Claim in the world court. The parties must document their position and actively participate in the procedure.
Sometimes an heir can receive money even after reaching adulthood due to incapacity or illness.
Minimum amount of child support for one child
The minimum mark when calculating child support for 1 child is needed to prevent unscrupulous parents from deliberately underestimating their own income. True, there is no such mark in the current legislation. The reason for this is considered to be the fact that a fixed amount may disadvantage low-income citizens who are unable to pay.
The main criterion is that the combination of mother’s and father’s income can provide the child with a decent life. Therefore, contributions can be calculated both from the parent’s earnings and from the subsistence level for children in the designated region.
Forms of payment
In addition to the equity method, the following types of calculation of obligations are used:
- a fixed amount provided periodically (alimony, multiples of the subsistence level);
- one-time large payment;
- alimony in property terms (transfer of ownership of real estate, etc.).
Expert opinion
Viktor Evgenievich
Representative of a private law firm, work experience - 7 years
When deductions are made by the organization's accountant, financing is carried out electronically: by completing a transfer to bank details.
Money can be transferred in cash if a “peace agreement” has been concluded between the parents or they have chosen a voluntary method of payment by issuing receipts.
Amount of child support in 2021 for two children
A third of the total income of the alimony payer is the amount of alimony for two children. Sometimes, for example, by court decision or in connection with an agreement between the parties, the amount may exceed the minimum considered. But the purpose depends on various factors:
- Are the children healthy?
- How financially secure the recipient is;
- Is the person from whom money is being collected healthy?
- Does the payer have any other children in previous or subsequent relationships;
- Total income of the alimony payer.
Other factors may also be considered, depending on the individual situation. If circumstances allow, the designated share of funds may increase. But this is possible at the initiative of the recipient and if there are documents confirming such a need. Although changes in the amount can be either up or down.
Children must be minors. This applies to both. Sometimes the amount of child support for two children may remain the same after one of them reaches adulthood. But only on the condition that he is disabled.
Amount of alimony for 2 children from different marriages
The amount of child support for two children from different marriages is calculated according to the same principle as for children from the same relationship. The difference is that the total amount of payments is divided in half and half goes to each of their children. Thus, each child must receive at least 16.5% of the parent’s income. That is, 33% of his earnings will be withheld from the alimony payer, but this money will go to two families.
Minimum amount of child support for 2 children
The amount of child support for two children is directly dependent on the income of the payer’s parent. The minimum mark is 33% of earnings. But there are exceptions that are listed in paragraph 2 of Art. 81 IC RF.
What serves as the basis for collecting alimony payments for four children?
The parent who continues to live with the children has the right to decide whether or not to file a lawsuit to collect child support payments from the other parent living separately.
If an agreement is reached between them on joint financing of expenses, it is possible to do without alimony. But this doesn't always happen. In most cases, a lawsuit cannot be avoided. When submitting an application to the court, the plaintiff (in this case we will talk about the mother) prepares documents confirming the relationship of the children and the father. Such a document is a birth certificate, where the defendant is indicated as the father. Even if the parents were not married, but the fact of paternity was established during the registration of the children, alimony is collected by law.
If the parents lived in a civil marriage, and the children were registered as born to a single mother, you can demand that the father pay child support only by establishing the fact of paternity in court. In addition to his voluntary recognition of his children as his own, the fact of paternity can be established with the help of medical genetic examination. The conclusions of experts for the court's decision have priority.
Amount of child support in 2021 for three children
The amount of child support for three or more children is half the parent's income. Although if the payer’s earnings are unstable, you can request a fixed amount. But when calculating the exact amount, you need to take into account the following factors:
- What is the financial situation of the alimony payer and the recipient;
- Age and health of children;
- How constant is the payer's income?
The money must be contributed until the children turn 18 (provided they are able to work).
Amount of alimony for 3 children from different marriages
The amount of alimony for 4 children, when three are in one marriage and one in the second, is calculated according to an identical scheme. The guys have equal rights in terms of distribution of funds. If there are three children, they receive 16.7% of income, and if there are four, then 12.5%. Everyone receives an equal share of their maintenance. If a woman has three children, but from different spouses, each pays money only for his heir.
Amount of alimony for 3 children and their collection
If the payer is not satisfied with the amount of alimony for 4 children and he pays the money, he should begin collecting it by filing a claim in court. Then bailiffs are involved in the procedure and will begin enforcement proceedings. They initiate the execution of the court decision. Typically, such a procedure is rational if there was a voluntary agreement between the spouses, but it is not executed by the payer.
According to the law, you can collect alimony for the last three years. But if the debtor hid income, did not respond to bailiffs, etc., the money will be recovered for the entire period. A claim can be filed at any time after the funds are entitled to. Although it is important that the claim is correctly drawn up and contains the following information:
- In which court the case is being heard;
- Who is the debtor and who is the recipient;
- Details of the situation and requirements that need to be fulfilled;
- What documents are attached to the claim?
The court will consider the application and issue an order/decision. It can be appealed within 10 days from the date of announcement. Sometimes the alimony payer may hide. In this case, you need to find him and find out about his income. When officially employed, money will be debited from your salary. The person’s property will be sold, after which the money will be transferred to the children. Temporary payments may also be made that are not refundable even if the principal amount is paid.
You can get legal assistance on alimony issues on our website.
Determining the amount of child support by agreement between the parents
The Family Code provides divorced families with the opportunity to agree and independently determine the amount of alimony that will be paid monthly for the maintenance of four children. The voluntary agreement must indicate the amount of payments, timing and procedure for making them. This document may also establish any additional conditions related, for example, to the transfer of various property to the child.
Practice shows that only a small number of families succeed in absolutely all aspects of a voluntary agreement. Some are not satisfied with the amount offered, others are not satisfied with the terms of repayment of alimony obligations. In such situations, only the court can solve the problems that have arisen.