How much child support is due in 2021? What threatens the defaulter and how to get what is due by law: legal advice

The issue of child support is regulated by Art. 80–88 of the Family Code (SC) of the Russian Federation. both parents must provide for children , even if they are divorced (or not married at all) and do not live together. Alimony is not voluntary, but enshrined in law. Adults can either independently agree on the amount of alimony, or resolve the issue in court.

In 2021, the same principles for alimony payments in Russia will apply, but the minimum amount of alimony will change (due to the rise in cost of living). Perhaps in the near future they will introduce alimony payments from the state and make the liability for draft evaders more stringent.

The problem of non-payment of child support is still a sore subject for Russian families. You can assess the scale of the disaster by looking at the total amount of alimony debt for 2021: defaulters owed their children 152 billion rubles . 806 thousand people did not want to pay partially or completely . The amount of unpaid alimony for 2021 has not yet been calculated. Legislative initiatives are introduced annually to reduce the scale of the problem, but they are not adopted as quickly as we would like.

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Minimum amount of alimony in 2021

Alimony payments are awarded in the form of a portion of the income of the second parent or in the form of a fixed sum of money (TDS). In the first case, they constitute a percentage of wages or other income (unemployment benefits, pensions, etc.), in the second, a share of the subsistence level (LS) per child in the region. In 2021, the minimum wage and children's monthly allowance will change compared to 2021. This means that the minimum amount of alimony will change .

To calculate the minimum possible alimony, the following values ​​are important:

• Minimum wage (minimum wage) in Russia. If we count according to the new methodology (see bill No. 1027748-7, adopted by the State Duma on December 16, 2021 in the third reading), then from 01/01/2021 it will be 12,792 rubles.
• Income tax in the Russian Federation (NDFL) is 13%. It is deducted from income before calculating alimony. There is no charge to unemployment benefits.
• The minimum unemployment benefit for 2021 has not yet been determined; in 2021 its amount was 1,500 rubles.
• Living wage (LS) per child in the region. Previously, it changed four times a year, alimony in the TDS was indexed. According to bill No. 1027748-7, from 2021 the PM will be changed once a year. Presumably, the average monthly allowance per child in Russia will be 11,423 rubles, but each region will have its own.

The table below shows the minimum amount of alimony as a percentage of income or in TDS in 2021:

In Russia, the minimum amount of alimony is not established by law . All the above figures can be adjusted (including reduced) by court decision. At the same time, there is another problem: many child support providers hide their true income in order to pay as little as possible for children.

Bills with proposals to tie minimum alimony to a certain amount have been repeatedly introduced into the State Duma. For example, to regional children's primary care - and this would be fair. However, the State Duma has not yet supported these initiatives. At the moment, the minimum amount of alimony is not regulated at the state level . It is hoped that this issue will be revisited in 2021.

In what ways can you pay child support?

If the child support rate is established, payments should not stop, but should be collected at least until the child reaches adulthood. Even if the person obligated to pay alimony is unemployed, non-payment is unacceptable . The donation of money can be done in several ways. It is important that the money can be tracked and the payment of alimony can be proven in cases where the case requires it. Otherwise, non-payment may officially occur.

Therefore, the money can be collected into a bank account specially opened for this purpose. Also, funds can be withheld from wages and transferred to a bank card attached to the recipient. If the alimony payer is not unemployed, the cash payment can be deducted from the salary at the enterprise where the person works even at the stage of verification by the accounting department. This will reduce the debt if it arises due to a person’s carelessness.

If the payer has income other than wages, is unemployed or an entrepreneur, filing a collection can be carried out by postal order or paid in cash. But in any of these cases, it is important to have confirmation that the contributions should not have been stopped - a receipt, receipt, etc. This way it will be possible to prove the fact that there is no non-payment if the recipient has claims in the case. The costs of transferring money are not included in alimony. Failure to pay associated costs will only create additional problems for the payer.

Alimony from the state in 2021 - latest news

The debts of alimony defaulters are enormous. Children, one of the most vulnerable categories of the population, do not receive enough money. The main burden of responsibility and costs falls on the parent living with the child. Therefore, the idea of ​​introducing alimony from the state is very popular. However, until the end of 2021, it was not implemented , although bills on this topic were repeatedly introduced to the State Duma. Their goal is to protect children if it is impossible to recover money from the other parent. For various reasons, the bills were rejected.

Perhaps in 2021 things will move forward. Russian President Vladimir Putin instructed the Government to develop proposals that would relate to targeted social support for children who do not receive child support from their parents. It is proposed to provide additional assistance to the children of defaulters and continue to punish debtors.

The list of instructions to the Government of the Russian Federation dated October 24, 2021 was compiled based on the results of the meeting of the State Council of the Russian Federation, which took place on September 28, 2020. The period during which proposals are expected is until 08/01/2021 . There is hope that alimony payments from the state will be introduced by the end of 2021 or at least by the beginning of 2022. Nothing is yet known about their size and terms of transfer.

It cannot be said that the state has completely abandoned low-income mothers (or fathers) with their children to the mercy of fate. Even now, parents who do not receive child support may qualify for some financial assistance , for example:

• Benefits for the poor for children under 16 (18) years of age are paid at an increased rate (in most regions - by 50%) if one of the parents does not pay child support.
• a survivor's pension for a child . To do this, you need to file a lawsuit to find the defaulter. If he is not found within a year, then there will be a chance of payment from the Pension Fund.

From what funds is alimony deducted?

Withholding of alimony is not recorded from all the money available to the defendant. There is a special list for 1996, which can become the basis for withdrawing alimony if it is not paid. A more modern document that lists the sources from which alimony will be collected is the Federal Law “On Enforcement Proceedings”. Also in the text of this document they say which incomes are inviolable when alimony will be collected.

Knowing what income is considered taxable is important, because if the money is deducted incorrectly, there will be a risk of debt due to non-payment. And for late payment, a penalty may be charged. Then the alimony payer will find himself in an unpleasant position.

Will it become easier to bring the debtor to criminal liability for alimony debts?

About 30% of alimony workers in Russia are debtors. They are trying to force draft dodgers to pay through the courts with the involvement of bailiffs or the employer. But if they pay even occasionally and little by little, the law is on their side. It is very difficult to bring them to criminal liability even for large debts.

As of the end of 2021, the Ministry of Justice is developing a bill to tighten penalties for alimony defaulters. In Art. 157 of the Criminal Code of the Russian Federation wants to make changes that would eliminate the possibility of evading criminal liability through irregular transfers of small amounts to children.

It is proposed to add a clarification phrase to the article that you need to pay for the child not an arbitrary amount, but the one specified in the court decision or voluntary agreement on alimony, with the frequency specified there. The goal of the bill is to make sure that negligent parents pay constantly and cannot escape criminal punishment by transferring tiny amounts to their children once every five years. In case of incomplete payment of funds, the following criminal penalties could be applied to debtors:

• arrest up to 3 months;
• correctional labor or imprisonment for up to 12 months.

Until the document is adopted, it is almost impossible to prosecute debtors who transfer meager sums to children. There is hope that in 2021 things will move forward and the amount of debt will begin to decrease.

How does alimony debt appear?

Failure to pay child support is unacceptable if the payments should not have stopped. If non-payment is not dealt with on time, it will increase not only due to the money owed, but also the penalty charged for non-payment. And the more the debt accrues, the higher the penalty. If a person is unemployed and cannot pay the debt immediately, the amounts can be very large.

The penalty amount is 0.1% of the amount of debt for each day of delay. And if the non-payment is not covered, the debt will increase. An unemployed citizen can cover the debt by selling property or funds obtained in other ways. But contributions should not stop.

If the payer has not stopped accruing penalties for non-payment, he will be punished to collect the debt and hold him accountable. The very first thing is to file a claim. In some cases, there may be an impact through criminal liability if the debt continues to accrue. But such measures can only be applied if the debt arose through the fault of the debtor. If it is proven that he is not to blame for the non-payment, the amount of debt will be released or simply reduced. But liberation is possible only if there is no guilt and the reduction is rational. Without this, a reduction in alimony is impossible.

Principles for collecting alimony in 2021

The main provisions of alimony legislation will not change in 2021 - everything will be approximately the same as in previous years. If parents can voluntarily agree on the amount and frequency of child support payments, then they have the right to go to a notary and sign an agreement on child support. If they cannot, then the court will determine alimony and its amount.

Under exceptional circumstances, in addition to the basic amount of alimony, an additional amount can be requested from the court. This is permitted if a child (a minor or an adult with a disability) becomes seriously ill, is injured, or needs additional care. Another reason is if the child and the parent with whom he lives have nowhere to live and need to rent housing.

Basic principles for claiming child support in 2021:

• All minor children (under 18 years of age) are entitled to financial support from the second parent.
• Alimony is assigned as a percentage of the parent’s income or in TDS.
• The standard amount is 25%, 33% and 50% of the parent’s earnings (for 1, 2, and 3 or more children, respectively).
• Alimony in TDS is awarded if the second parent does not have a stable income. Usually the amount is at least half the minimum monthly allowance per child in the region of residence.
• The court may adjust the amount plus or minus taking into account the financial situation of the parties.
• An adult child can also count on alimony if he is recognized as incapacitated (disabled person of groups I, II, III). More often, payments are assigned to children with disabilities of groups I and II, if they do not have sources of income.

Under all other circumstances, child support for an adult child is not due in 2021, even if he is still in school or has entered college as a full-time student. After coming of age, an able-bodied and capable person cannot count on financial assistance from his parents , but rather, on the contrary, must provide them with support.

"Housing" alimony

Many divorced parents with children (usually mothers) are forced to rent housing. The amount of regular alimony is sometimes not enough even to pay the minimum cost of a rented apartment. If a family finds itself in a difficult life situation , it may qualify for housing alimony in addition to the basic one. For example, if the financial situation of the parent living with the child has worsened or the family no longer has premises suitable for permanent residence.

This possibility is now specified in Art. 86 of the Family Code of the Russian Federation. It was introduced by Law No. 10-FZ of 02/06/2020 and will be in force in 2021 and subsequent years. The innovation took into account the real circumstances in which Russian families live.

But what can be understood by “deterioration in the financial situation of the family”? In the case of collecting “housing” alimony, the following circumstances are usually meant:

• the house or apartment has become uninhabitable: the housing has mechanical damage - is falling apart, is in disrepair;
• the microclimate of the home has deteriorated so much that it is no longer possible to live in it;
• the building was damaged by fire, accident, earthquake, or other disasters;

To receive alimony for housing, you must apply to the magistrates' court . When considering a claim, he will take into account the interests of both parties. For example, if a mother and child are registered with relatives, alimony for renting an apartment is unlikely to be awarded. The payment can be assigned at a time or at certain intervals, but always in the form of a fixed amount. Mostly she is assigned to rent, but sometimes the second parent may be required to help with the purchase of housing.

In what ways are payments calculated: equity and fixed sums of money?

It is important to decide how financial assistance will be collected. Typically, collection occurs on a shared basis. That is, a percentage is calculated from the income received by the second parent who does not live with the child. But there are situations when parents can pay a fixed amount, which is determined by the court. Sometimes a mixed method of collection is used.

In order for a flat payment to be applied or a mixed option to be used, the following circumstances apply:

• the father, from whom a fixed payment will be collected, has an unstable and changing income, therefore it is difficult to calculate the period for receiving the money;
• the alimony payer receives a solid income in kind or dollars/euro/other currency;
• the payer has no official income at all;
• if the assigned share funds violate the interests of the child, or it will be difficult to carry out such collection.

Alimony, which is paid in a fixed amount, is usually not used for minors or is used in extreme cases. This format of cash assistance is more intended for adult citizens who are supported by their relatives. This is stated in the law of the Russian Federation.

Shared recovery is carried out as a percentage. If there is one child, he is entitled to 25%, for two children this percentage increases to 33.33%, and for three children it is more than 50%. The choice of method for assigning alimony depends on what income the alimony payer has and what responsibility he bears.

Will child support be abolished in 2021?

Some social movements involved in protecting men's rights advocate the abolition of child support in Russia. One explanation for this requirement is “that women should think 100 times before filing for divorce.” Another common argument is “so that the child’s mother does not enrich herself at the expense of the father.” Supporters of this idea argue that it is alimony that destroys Russian families.

Such “reasons” sound absurd, and the demands are absolutely untenable and illegal. Especially taking into account the average amount of alimony in the Russian Federation, which in 2021 amounted to 7,500 rubles. And not everyone receives this amount; many are content with the minimum of 2000–3000 rubles. per child.

No matter how loudly supporters of such movements voice their demands, alimony will not be abolished either in 2021 or in subsequent years. Such statements, fortunately, are still a curiosity. The state is not going to deviate from the thesis that both parents must provide for the child.

Notifying interested parties

Documents can be sent to the organization either by the claimant himself or by the bailiff. When a document is sent to a company by a claimant, he must also attach a statement to it (Article 9 of Law No. 229-FZ) with the following data:

• bank account details or address for transfer;
• Full name of the claimant and details of the identity document;
• TIN.

If the claimant handed over the writ of execution to the bailiff service, then the organization will receive the order of the bailiff and a copy of the writ of execution.

The organization is obliged to notify the claimant (the person in whose favor the deductions are made) and the bailiff on the day of receipt of the papers about the receipt of the writ of execution.

The notification makes a note about receipt of the writ of execution (incoming number and date), indicates the telephone number of the organization, and also puts the signature of the accountant and the seal of the organization.

In addition, the employer is obliged to notify the bailiff (collector) within three days about the dismissal of the alimony payer, about his new place of work (if known) and return the writ of execution with a note on the penalties made. The mark indicates:

• amount of deductions and amounts withheld;
• numbers of payment orders (receipts);
• dates of transfers and balance of debt (if any).

Sometimes enforcement documents come to the organization when the alimony payer has already quit. In this situation, the employer is also obliged to inform about the payer’s new place of work (if it is known) and return the papers to the sender within three days.

If the start date of alimony collection falls during the period of the alimony payer’s work in the organization, then a covering letter should be attached to the documents.

It indicates the date of dismissal of the employee and his income from the date when it was necessary to begin withholding alimony (indicated in the writ of execution) to the date of dismissal, as well as the amount of personal income tax withheld for this period.

Where to file a claim

IMPORTANT!

You can apply for alimony immediately along with your divorce application.

If you reach a compromise regarding alimony, the agreement must be in writing and certified by a notary. If common ground is not found, the issue will have to be resolved through the courts. You cannot apply for alimony through the MFC, the state website, or the State Services website!

First, let’s determine where to file a claim for alimony:

The application is submitted, at your choice, at the place of residence of the plaintiff or defendant.