Female site sympaty.net continues a series of publications about the child support. Today we will tell you about their size as defined by the law, is there a guaranteed minimum that one can calculate the approximate amount.
What amount of child support entitled by law
Main documents determining the right to maintenance of family members from each other is the Family code. Accordingly, all basic rules and regulations governing the procedure for applying for them, determine the amount and recovery of the debtor contained in the RF IC.
Contrary to popular belief, the right to maintenance is not only minor children but also:
- from their mothers during pregnancy and within three years after the birth of a baby,
- disabled needy spouse,
- needy spouses taking care of a common disabled child until the child reaches the age of eighteen or for a common child — the invalid since the childhood of I group,
- underaged and disabled adult brothers and sisters,
- stepfathers and stepmothers.
But the most common is still the first option. So let’s talk about what size of child support entitled by law.
Mostly they are a percentage of the income of the payer. One child is 25%.
But, if the father does not work or earnings can not be called stable, so as not to put the contents of the baby dependent on the financial situation of adults, child support can be determined in a fixed monetary amount.
This is done to know what the amount of child support from unemployed father can get child, you need to know the cost of living. It is Federal, for the whole of Russia, and regional. The difference between them is sometimes quite significant.
For example, the subsistence level for children established in the whole of Russia for the 4th quarter of 2014 amounted to 7 899 rubles., in Moscow for the same 4 quarter of 2014, he has 10 683 rbl., and in the Crimea for the same period — 6 709 RUB.
In General, the answer to the question, how much is paid in child support, has no clear answer. Because the specific amount for obvious reasons will depend primarily on specific get the official income of the debtor. Agree that 25% of the salary in 20 thousand roubles and 200 thousand rubles — this is a very different figures, and defined by the same rule.
In this regard, it should be noted, that the court is entitled to reconsider, what would be the amount of alimony as upward and downward.
This means that, on the one hand, it is possible to achieve the child more content than is initially entitled by law, and on the other allows some debtors to reduce alimony based on the fact that 25% of the result (in their opinion) too much.
Not all payments can be considered to be excessively large, women’s website sympaty.net decided to find out what is the minimum size of the alimony established by law.
So, the main binding is to get earnings. The employer may not set it below the minimum wage, If you remember that the minimum wage 01.01.2015 equal to 5 965 rubles., the alimony will be:
- for one child (¼) — 1 491,25 RUB.
- for two (1/3) — 1 988,33 RUB.
- for three and more (½) — 2 982,50 RUB.
If the source of constant income the debtor has not, the size, as mentioned above, is determined based on the minimum subsistence level.
But this, it would seem that at least can be reviewed by the court downward, if you change material or marital status of the parties. That is, for example, if the father is born another child, the older child support can be reduced. Therefore, we cannot say that there is a solid, guaranteed amount of child maintenance that you can demand from the obliged party.
The amount of child support for one child
The maximum size of the content may be to the child if he is the only one, and the father has no other dependants. A quarter of the earnings of the father or a living wage for the region.
If the parents leave “peacefully”, the law gives the possibility to conclude an agreement on the payment of alimony (on the right it does not depend on the number of children). It is made by the parties in writing and certified by a notary.
Only observance of this rule gives it the force of a binding instrument, which is even equivalent to a writ of execution. What makes it possible, for example, to represent him at the place of work of the former husband for alimony, if he ceases to pay them yourself.
Directly the amount of alimony, even for one child, or multiple children, parents together set out in the agreement, cannot be less than the statutory minimum. But their payments have more options than if the alimony exacted by a court. In addition to interest income and monthly amounts of firm can be:
- a lump hard cash sum
- provision of property,
- other methods at the discretion of the persons who have signed the agreement.
Therefore, sometimes appear in the news reports that the father gave the child an apartment in the payment of child support. It means, rather, that the parties agreement was reached, and the amount of maintenance proposed by the father of one child, gave his mother.
Speaking about the amount of child support for one child, two, three or more, it must be noted that the alimony are forced, sometimes the last resort to one (rarely both) of the parents money for the kids.
The default assumes that family members (and parents and children are together as one family) are obliged to support each other, including financially.
Unfortunately, this does not always happen, especially in the case of divorce. Yes, many men, ceasing to be a husband, do not cease to be a father. But others, striking out the first, I prefer not to think about the second.
In this case the woman, her mother will help her rights and the rights of the child. One of them, the alimony, we have tried to tell you.
Author – Hope Budnikova, site ToKnow365.top
What is the size of the alimony on one child on the mother?