Child support for three children: how much can you expect in 2021

Even the strongest marriage can crack. And now the couple is preparing documents to launch the divorce process. However, many find themselves in a difficult situation when it comes to dividing property. It is much more difficult for those who have children. What if there are three of them? What if there are four? In this case, how can you resolve the issue of alimony payments without conflicts and correctly calculate the percentage for each child? We asked an expert who answered each of these questions and more.

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The scary word “alimony” is actually not so scary

In our country, it is generally accepted that alimony is a mandatory payment for a child, which is allocated by one of his parents after a divorce. However, we immediately note that this is not only money, but also the responsibility of adults who decide to replenish their marriage. It is these funds that help the child grow up in a prosperous environment and feel the care that comes from each parent.

As a rule, payers are divided into two types:

• voluntary, who decided to make payments without pressure from the justice authorities; • unscrupulous people who not only hide their income, but also try in every possible way to hide from the child, without giving him a penny.

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But even such parents can be dealt with. But we'll talk about this a little later. First, let’s clarify who is eligible to receive payments. Thus, children receive child support until they reach 18 years of age. However, support for one of the parents can be lifelong if the child has a disability of the first or second group. It confirms its complete inoperability.

Also, alimony continues to be collected from the payer if his child was able to enroll in a full-time budget place at the university. In this case, payments are made until the child turns 23 years old.

If there are 3 children from different marriages, how much percentage of the salary is allocated to the children?

In a situation where a parent was married several times, and in each marriage there was a child, the calculation of his debt will still be based on his income.
Income includes wages, pensions, social security disability benefits, business profits, and so on. When three children live in different families, half of the parent's income will be divided equally between them. Everyone will receive 16.6% of this amount. As soon as two of the children lose their right to alimony (reach adulthood or die), a recalculation occurs. From this moment on, the alimony payer can pay a quarter of the salary to a single minor.

How much should children expect?

Let's imagine the best scenario during a divorce: the couple divides property equally, separates without scandals and agrees on the amount that one of the parents will allocate for the children within a certain time frame. However, such a model of events, unfortunately, is very rare.

Therefore, the court gets involved in the case. Judicial authorities, as a rule, determine the amount of alimony based on wages. According to Russian legislation, 1/4 of the salary of one of the parents is allocated for one child in a family, 1/3 for two, and exactly 50% of all income for three or more. It is worth immediately noting that alimony is paid exclusively from net income. That is, for example, from a salary of 50 thousand rubles you need to deduct 13% of personal income tax, and from the resulting amount alimony should be calculated.

If the payer does not have a permanent and official income, or does not have a job at all, then the court collects payments from the subsistence level, taking into account each child. In a conversation with our publication, lawyer Ruzanna Khanamiryan said that this amount in 2021 is equal to 14,900 rubles.

We also asked what to do when a parent left with three children does not have enough allocated amount of child support. According to the lawyer, in this case the state cannot provide support. Therefore, parents need to support their children together: if one of the parents does not have enough money, then the second one should also join in the financing and distribute the funds correctly.

Important!

“They will not exact anything from him beyond what is required. They won’t charge him more than 50% of his salary either, because a person also has to eat and drink something. It will be very difficult to collect more than the required amount.”

It is worth noting that Russian law specifies the minimum amount of alimony, which is equal to the minimum wage - 14,900 rubles. At the same time, the size of the maximum payments has not been established, so one of the parents can allocate large sums of money on a completely voluntary basis to ensure the well-being of their children.

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Minimum amount of payment that can be demanded from the payer

When figuring out the percentage of child support for three children, you need to turn to the current legislation. As mentioned earlier, the relevant information is enshrined in Article 81 of the RF IC. It says here that you need to provide at least 50% of your income. The amount may vary significantly depending on the specifics of the situation. You can calculate the payment amount yourself. Representatives of authorized bodies also have the right to make calculations.

Procedure for registration of alimony

The simplest option would be for parents to agree on certain amounts to be allocated for their children. In this case, the potential payer must contact the accounting department of the company where he is employed and write there a statement about the need to withhold a certain amount from wages as alimony. In addition, the document states:

• start date of payments for children; • payment amount; • timing of transfer to the recipient's account; • recipient's bank details.

Also, a notarized document must be attached to the paper, which confirms that the former spouses have agreed to pay alimony and agreed on the amount. It is worth noting that payments can be made from once a week to once a year.

If the former spouses do not come to an agreement, then the dispute can be resolved in court. The justice authorities will issue all the necessary documents, which will indicate the amount due for payment of alimony. At the workplace, an application for withholding funds from wages is also drawn up, but a writ of execution or a court order is attached to it.

Conditions for accrual

There are several rules that must be followed in order to attract the father of the children for payment. They are simple and clear, we list them:

1. Children must live with their mother, she must raise them. If the children are from different marriages or wives, then each child must live with his own mother. Usually the question of who they will live with is decided through the courts.
2. All children must be from the same father, who must be recorded on their birth certificates. This is a very important point. If a man believes that he is not the biological father, he can go to court to challenge paternity and reduce child support.
3. Each child must be under 18 years of age at the time of collection. According to our legislation, alimony can only be collected until adulthood. There may be exceptions to this rule. For example, if after 18 years of age the child is declared disabled. To find out, you need to conduct a special medical commission.

What to do when one of the parents does not want to pay child support

The case when a former spouse refuses to pay alimony is quite complex. You can try to convince the person that child support is not a way of manipulation and ruin, but only a responsibility to the children themselves and work for their future. But in most cases, such conversations do not end with a positive result.

Former spouses resort to various tricks: they hide their income, or hide themselves. What to do in this case? According to the lawyer, the defaulter can be subject to compulsory work. To do this, you need to prove that there were no payments for children for about six months. All public works are paid, which means all the money received for this work will be withheld for alimony payments.

In an interview, Khanamiryan explained that there is also criminal liability for non-payment of alimony. Therefore, negligent payers may face up to one year in prison. However, here the situation is a little more complicated. The point is that a bailiff must take over the case. He analyzes the situation and initiates enforcement proceedings against the defaulter and puts him on the wanted list.

Then a visit is made to the place of residence or registration, where the bailiff describes and seizes the property. Further, the money received is already paid to the guardian as alimony. However, there is another way to get the money you need. The truth is not from the debtor, but from the state itself.

Alimony obligations: law in the Russian Federation 2021

The allowance that parents pay for their abandoned children is mentioned in several laws:

1. Family code. It devotes an entire section V to this issue, which is called: “Alimony obligations of family members.” It details the responsibilities of parents, as well as children in relation to disabled parents and spouses among themselves. The situations in which the payment of alimony is mandatory, the income from which deductions are made, the procedure for collection in case of refusal to pay voluntarily, etc. are listed.
2. Federal Law No. 229 of October 2, 2007 “On enforcement proceedings,” and in particular Article 102, which approves the procedure for collecting alimony and arrears on alimony obligations.
3. The Code of Administrative Offenses of the Russian Federation concerns alimony indirectly: Article 17.14 “Violation of the legislation on enforcement proceedings” is used in relation to alimony debtors.
4. Finally, the Criminal Code has in its arsenal article 157 “Failure to pay funds for the maintenance of children or disabled parents.” It threatens those defaulters who fall into the category of malicious ones.

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.

Features of using a combined child support payment system

In practice, the income of a citizen who begins to live separately after the divorce can be formed from various sustainable sources. Moreover, some of it may not be permanent. In this case, the so-called combined payment system is used. Its essence is to use two methods of calculating alimony at once. Usually there is a fixed amount that a person is obliged to provide regularly. In case of receiving additional income, a person, in addition to the established regular payment, will have to provide another 50% of the profit received.

Judgment or order

If the father has the opportunity to help the children in an amount sufficient for their normal life, it is wiser to negotiate this privately. Because through the court it is usually possible to recover only the necessary minimum:

• Half of the “white” income minus personal income tax
• A fixed amount calculated according to the minimum wage or minimum wage

A court order is considered a “lighter form” of alimony collection. The process does not require parental participation and takes little time. The court order is sent to the employer’s accounting department, after which the automatic deduction of alimony from the salary begins. The order form is preferable if the father does not need to be found and “forced” to pay.

The collected alimony is divided equally among all three children. True, if a decision is made to collect alimony from one of the mothers, then the total amount of alimony in this family increases. Collection of alimony from the mother is possible if she is recognized as permanently or long-term disabled or is on maternity leave to care for the child of the alimony payer.

How to submit documents through official websites

You can submit documents electronically through your personal account on the official website of the court:

• For the Moscow District Court – https://mos-gorsud.ru/.
• For the Moscow World Court - https://mos-sud.ru/.

Step-by-step instructions for submitting documents:

1. You need to register on the site or log in through your mos.ru account.
2. We find the section “Submitting documents electronically”.
3. We indicate how we intend to submit the papers - “personally” or “I am a representative.”
4. We indicate the number of the court site.
5. Uploading documents.
6. In the “receipt for payment of state duty” window, it is possible to mark the exemption from payment of the benefit.
7. We indicate the defendant. Here you will need his residence (registration) address and passport information.
8. Click “submit document”.

We figured out the documents, what papers need to be prepared, and where to submit them. Now let's decide on the amount of payments.

IMPORTANT!

You cannot apply for alimony through the gosuslugi.ru portal or the government center. Alimony can only be recovered through the court.