Home » Alimony » Alimony for two children: amount, percentage
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The legislation does not specify strict restrictions on the amount of alimony for two children, which allows you to assign almost any amount, from the smallest to the very large. However, if there is a certain percentage that you can rely on if other options are not suitable.
Conditions for paying alimony
The alimony payer receives such obligations only if his relationship is confirmed. This problem does not arise with mothers, since they are always indicated on the birth certificate, but with fathers, controversial situations sometimes arise, especially if the parents are not married or the parties have serious doubts about paternity. In such a situation, it is necessary to conduct an analysis and appoint the biological father as the payer of alimony in court. Separately, it should be noted that the court usually takes the entry in the birth certificate as a basis. If it is not there, then there is no one to collect alimony from. In such a situation, you need to look for the biological father, enter him into the certificate and only then demand child support.
The presence of an entry on the birth certificate is also not a guarantee of payments. The potential father can do an analysis, and if he confirms that he is not the biological father, then, if he wishes, the record will be deleted.
It should also be taken into account that, according to general rules, alimony is paid for 18 years of the child’s life. Once the child reaches adulthood, payments stop automatically. However, there is an exception to this rule: if the child is disabled for health reasons, he will have to pay child support in the future, even after he reaches adulthood.
Options for determining the amount of alimony
There are several ways to collect alimony. The most common option: part of the salary. However, in some cases, if this is possible by a court decision or by agreement between parents, it is allowed to pay alimony with food (relevant for owners of farms), property, transport or real estate, as well as fixed amounts (relevant for those citizens who do not have a stable official work). The parties and the court determine which option to choose. But the actual amount of payments or its equivalent in the form of products/property is determined individually for each individual situation. Much depends on whether an agreement was concluded between the parents or whether child support was ordered by court order.
Agreement
An agreement of this kind may include a huge list of clauses, conditions, requirements, obligations and rights of the parties. The most important and important element: all of them must be agreed upon between the parents, and both of them must agree to all the conditions. The amount of alimony, penalties, indexation amount and many other parameters in such a situation can vary within very wide limits. They can either be tied to the minimum wage or the subsistence level, or be fixed amounts. There are no clear rules here.
Example : The parties agreed that alimony will be 5 thousand rubles per month until the child reaches the age of 5 years. After that, they will increase by 1 thousand annually. So, at the age of 6 years you will need to pay 6 thousand per month and so on. The parties decided not to change the amount of the penalty and it, as expected under Article 115 of the RF IC, will remain equal to 0.5 percent per day of the debt amount.
Court order
A more frequent and popular option for assigning alimony, in which the amount of payments is determined by the court. In this case, the amount can also vary within very wide limits. The difference is that the parties may disagree with the appointed payments and challenge them, which, however, happens quite rarely.
Legislative regulation of the issue
According to the norms of the Family Code of the Russian Federation, both parents of a child (biological or adoptive parents) are obliged to provide the child with an adequate standard of living and opportunities for comprehensive development, regardless of the fact of cohabitation. Therefore, in the event of a divorce, a decision is made to collect alimony from the spouse who lives separately from the child and does not take an active part in his daily life.
Attention! In 2020, no official minimum amount of child support payments has been established, but the law still stipulates that monetary assistance should be enough to provide for the basic needs of the child. Therefore, the answer to the question of whether there is a minimum amount of alimony in 2020 is clear - no, it is not prescribed.
In practice, and when assigning alimony in a fixed amount, it is customary to take into account the size of the subsistence minimum, the amount of which is approved annually in the Law on the Federal and Municipal Budget. Since the cost of living is subject to adjustment every four months, the lower limit of alimony amounts may change. This process is called indexing and is carried out separately in each region.
What is the percentage of child support for 2 children?
According to Article 81 of the RF IC, alimony for 2 children will be one third of the amount of earnings, provided that a system of debiting funds from official wages is used. This turns out to be approximately 33.33% of the money received for work, which is quite serious, but a lot has to do with the amount of remuneration itself. In the capital region or regional centers this will be a fairly significant amount, but in villages or small towns in remote parts of the country the amount of payments will be much less.
Example 2
The accounting department received two writs of execution per employee. The first provides for the withholding of alimony for two children in the amount of 33% of income, and the second provides for arrears for the same alimony in the amount of 18.5 thousand rubles. The procedure for making deductions is not specified in the writ of execution. This means that you should focus on a maximum size of 70%.
We will calculate child support for two children. For the current month, the employee was accrued 22 thousand rubles. (after personal income tax withholding).
- Current amount of alimony: 22 * 0.33 = 7.26 thousand rubles.
- Maximum amount of deductions: 22 * 0.7 = 15.4 thousand rubles.
- Allowable amount of deductions on the second sheet: 15.4 - 7.26 = 8.14 thousand rubles.
- On the second sheet, the amount of debt is transferred to the next month: 18.5 - 8.14 = 10.36 thousand rubles.
It is extremely rare, but bailiffs check the procedure for accrual, deduction and payment of wages. Therefore, it is extremely important to be able to correctly calculate and recover the amounts of deductions.
Amount of child support for 2 children
As such, there is no minimum or maximum amount of alimony payments. Formally, the court is not limited by anything and, on the basis of clause 20 of the Resolution of the Supreme Court of the Russian Federation No. 56 of December 26, 2017, can be determined by the court on an individual basis, focusing on the standard of living of the parents, needs, capabilities, the presence or absence of serious illnesses and many other factors.
What is the maximum size
There is no upper limit, but the court most often focuses on regional wages and the cost of living. Until May 1, 2020, the minimum wage also played a role in Russia, but from May 1 it is equal to the subsistence level and can now be neglected.
Example : The minimum wage or subsistence minimum (subsistence minimum) is now 11,163.00 rubles. In theory, this is exactly what one person needs for 1 month. However, it is assumed that two people will support the child. As a result, the amount is divided into 2 parts. This means that alimony must be paid in the amount of 11163/2 = 5581.50 rubles. This is an example of a calculation linked to PM for 1 child. For two people there will be exactly the same PM: 11163.00 rubles.
If we consider the option of deducting a third of the profit received, then in this case we need to rely on wages.
Example : An alimony payer receives 60 thousand rubles a month for his work. A third of this amount is 20 thousand rubles. This is exactly how much he will pay for the maintenance of two children. As you can easily see, the amount is greater than if you use the previous calculation method.
A larger amount may be assigned by court or agreement, but, again, it is not limited in size in any way, except by common sense. It is logical that the judicial authorities do not assess alimony in the amount of 100 thousand rubles if the payer receives only 30 thousand rubles, but the amount of payment may be slightly increased to the level of the subsistence level if a third of the salary is less than this amount.
Example : The payer receives 30 thousand rubles. The third part = 10 thousand rubles. This is less than the amount received under the first calculation and the court can raise the level of payment to the specified level of 11,163.00 rubles. However, this is an optional rule and does not necessarily mean that it will be used.
What is the minimum size
More often the problem arises not with the maximum, but with the minimum amount of payments. Some irresponsible payers are trying their best to reduce the amount of payments as much as possible. The court, based on the financial condition of the payer, serious illnesses and many other factors that are individual in each individual case, may even award a payment of 10% of the minimum wage. However, this requires providing strong evidence. In practice, the court is extremely reluctant to reduce the amount of alimony.
The essence of the concept
According to the Family Code, alimony refers to funds that are allocated for the maintenance of children by parents and adult relatives by children or spouses. At the legislative level, there is a mechanism for assigning, calculating and paying alimony. In addition to the Family Code, these issues are also regulated by the Civil, Tax, and Labor Codes.
Separate government and plenum resolutions spell out in detail the mechanism for calculating alimony. The obligation to pay the funds falls on employed citizens who have minor children or disabled close relatives. The basis for the transfer of funds is a court decision or a bilateral agreement. In the first case, funds are collected compulsorily, and in the second - on a voluntary basis.
If children are from different marriages
If one father-payer of alimony has two children from different marriages, then in such a situation alimony is paid in the same amount as in the case of two children from one marriage, but the amount will be divided into two parts and distributed among the children’s mothers, recipients of alimony . In such a situation, the same 33.33% of the salary is additionally divided by two.
Example : Father receives 60 thousand rubles. A third of this amount is 20 thousand rubles. This is the total amount of child support for two children. However, since they are from different mothers, each of the children will receive 10 thousand rubles - half of the third part of the salary.
Minimum wages by region
In 2020, the minimum wage in the Russian Federation is set at 12,130 rubles. This means that employers do not have the right to pay wages less than the established amount. The salary may be less, but the total amount in hand is not.
Most regions use standard indicators, but there are entities where they are higher.
The minimum wage in 2020 by region of Russia:
In most regions, the minimum wage is additionally increased by the regional coefficient.
Collection of alimony for two children
The procedure for collecting alimony is identical in the situation with any number of children and includes filing an application with the court to obtain a court order. This will become the basis for writing off part of the payer’s profit towards alimony payments.
Procedure
- Try to conclude an agreement with the other party. Unlike a court order, an agreement may include more clauses and specifics, which leaves “room for maneuver.” In practice, this option is more beneficial for everyone, but it presupposes strict compliance by both parents with the terms of the agreement. As a result, if the payer is not going to pay or does not want to do it of his own free will, then the only option left is to go to court.
- Collect the necessary list of documents (see below).
- Make a statement.
- Send him to court.
- Receive the order.
- Send him to the executive service.
Statement
A statement of this kind is drawn up on the basis of the rules specified in Article 131 of the Code of Civil Procedure of the Russian Federation, however, it differs from a statement of claim in a more simplified form.
Jurisdiction
The document is submitted to the magistrate's court. You can contact the authority at the place of residence of either parent, and in this case there are no restrictions. As usual, you first need to try to find the other party and go to court at the place of his residence, but in the case of alimony, you can immediately contact the authority at the place of your own residence.
It is very important to go to the magistrate’s court, since the district court does not consider such cases.
Documentation
A relatively small set of documents must be attached to an application for a court order:
- Certificates of marriage and divorce (if any).
- Birth certificates of children.
- A certificate from the Housing Office stating that the children live with the potential recipient of alimony.
- A certificate from the place of employment of the party who is obliged to pay alimony (if it is possible to obtain such a document). As an option, any other certificates confirming the income of the potential payer will be suitable.
All documents must be copied 1 copy for each party.
Deadlines
After submitting the application, the order is issued within 5 days. Considering that the court usually considers such applications for about two months, this is very fast. After this, after another 10 days (or rather, within the next 10 days, but in practice they transfer documents at the last moment), the order will be sent to the executive service and the bailiffs will take on the alimony payer. They are the ones who withhold amounts from wages, transfer them to the recipient’s account, and, if necessary, even search for the hiding parent.
Expenses
There is no need to pay a state fee for such applications. Everything is done for free. Moreover, even if it becomes necessary to go to court in the future, the fee will be paid by the alimony payer, and not by the recipient. However, there is an exception here: if the recipient is found to be the guilty party, then he will have to fork out the money.
In order to do everything correctly and collect child support for two children in the required amount for their normal maintenance, you need to take into account many nuances. At a free consultation, our specialists will help you sort them out and answer all your questions. In the future, lawyers can prepare documents, draw up a statement and, if necessary, will even represent your interests in court.
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Forced collection
Domestic legislation provides for the possibility of forced collection of alimony through the court for spouses. This possibility may arise if one of the parents refuses to support the child. Collection of alimony can be carried out according to one of the following schemes:
- In an unregistered marriage, you will first have to go through the procedure of establishing paternity. For this purpose, either a birth certificate is used or a medical examination is carried out.
- According to the simplified order procedure. In this case, it is necessary to provide the court with information about family members, their place of residence, income, and the presence of dependents. Based on the data received, the financial and social status of the parties, the court will decide how alimony for one child will be calculated and paid.
- By way of claim proceedings. In this case, you can agree on the form of payment of alimony and collect debts for previous periods. Then the penalty for alimony is calculated. To receive payments, you must provide copies of: passport, birth certificate of each child, marriage registration certificate, certificate of family composition and place of residence of the applicant. You also need to provide a calculation of alimony in a fixed amount and justify the costs.
