Alimony for children from different marriages - how is it withheld and in what amount?

No one limits the number of failed marriages. But providing for children from different marriages falls on the shoulders of the father who left the family. And this provision should be equal, unless, of course, the financial status of the ex-wives is very different. However, in order to equalize the amount of alimony for both children, it is necessary to carry out certain procedural actions, because this can only be done by applying to the court.

Inequality of alimony shares arises due to different times of filing for alimony collection.

• The amount of payment for the first child according to Art. 81 of the RF IC is equal to 25% of the father’s earnings and is established immediately after the divorce.
• And payments for two children are only 33%.

It turns out that in order to equalize the amount of alimony paid to both children, it is necessary to reduce the amount of payment for the first child to 16.5%, while the second child will be able to receive the same 16.5%. This can be done by filing a claim for division of alimony for two children.

Is it possible to apply for child support for children from different marriages?

According to the current legislation (Part 1 of Article 80 of the Family Code), parents are obliged to support their children. It does not matter in which marriage union the offspring were born. However, during court proceedings and the assignment of alimony for children from different marriages, there are specific features (for example, whether the father has a stable job, the size of his salary, the number of children), which are considered differently in each individual case.

Child support refers to money paid by one of the parents and used to provide for the primary needs of the child. From Article 80 of the RF IC it follows that a mother who raises her offspring on her own has the right to count on payments from her ex-husband. It does not matter whether the spouse is in another official relationship, and whether he has children from other marital relationships or not.

Payment mechanism

It is not so rare that you need to pay alimony for two or three children born in several marriages. If alimony deductions are made under an agreement, the specific amount and method of payments are established voluntarily by both parents. In this case, the restriction does not apply to them.

When alimony is paid under a writ of execution, the maximum amount of withholding should not exceed half of the income. That is, the income divided between all existing children should not exceed 50%. The transfers are kept by an accountant from the defendant’s place of work. The holds are being made, according to court documents. Individual calculations are made for all children.

If there are no payments, a debt arises, then a penalty of 0.5 percent of the amount can be calculated. This is one of the reasons why you should not avoid paying child support.

In some cases, at the request of the payer, alimony may be reduced. The law does not provide clear conditions for this, but the following factors may be taken into account:

• disability of the alimony payer;
• existence of other obligations;
• one of the children has his own income (provided the child reaches sixteen years of age);
• the child is placed in the custody of the state.

A reduction in alimony amounts can only occur by court decision. The payer sends the petition to the court located at the recipient’s place of residence. The court makes a decision after carefully studying the materials.

In any case, both parents and the judiciary are obliged to be guided by the interests of the children: the court is obliged to make balanced, fair decisions, while parents must remember their obligation to support their children.

How and who can apply for child support for children from different marriages?

Parents have equal rights and responsibilities towards their offspring. This means that even after the breakup of the family and the departure of the father (or mother), the obligation to provide for the child remains. Thus, a parent living with a child (as well as another legal representative) has the right to expect to receive cash payments from a former spouse aimed at supporting the offspring (articles, RF IC).

Alimony for children from different marriages can be paid by both the husband and wife. Of course, in the overwhelming majority of cases, the recipient of the appropriate funds is the mother, since it is she who, as a rule, raises and raises the common offspring of her former spouse.

For your information

The right to alimony for children from different marriages arises not only when the spouses are divorced. A woman can demand payment for the maintenance of a common child even if she is in a legal marriage. As a rule, such a need arises when a husband has children from previous wives. At the same time, the amount of payments for other offspring will be reduced. If the wife has to go to court, then in the statement of claim it is necessary to refer to Article 119 of the RF IC.

Thus, the legal representative of the child has the right to apply for alimony for children from different marital unions. Usually this is a mother raising her offspring. At the same time, it does not matter whether the mother is the ex-wife of the baby’s father or the present one.

Dividing child support

Unfortunately, it happens that the money allocated for a child is spent on completely different needs. This topic is so relevant that in some cases the law allows alimony to be divided in half. This means that half of the maintenance is transferred to the child’s account. But this is not the difficulty - proving the need for such a division will not be so easy. If the court decides to withhold alimony, the order of its transfer must be determined by the court at the request of the parent - most often - the payer.

If the issue of maintenance is resolved by voluntary agreement, it is possible to agree on the transfer of the agreed amount to the child’s account. The mother, receiving a sufficient amount to support the child, will not object to savings in the child’s account. After the child reaches 18 years of age, he will be grateful for the start-up capital, which allows him to invest in his future.

Are child support payments divided between children from two or more marriages?

Issues related to the assignment of payments are regulated by articles of the Family Code. Alimony for children from different marriages is withheld as follows:

• As a percentage, based on the monthly income of the payer for 1 child - 25 percent, for two - 33 percent or 16.6 percent for each of them, for three or more - 50 percent, also 16.6 percent for each of them , but not less than 10 percent for each.
• In a fixed amount, if the father receives income in kind, in the currency of another state, is an individual entrepreneur, unemployed, or works unofficially.

That is, when collecting alimony, the general principle of calculation is applied, in which the amount of deduction is divided by the number of offspring. This is stated in Article 81 of the RF IC. Each child is assigned the same amount of payments. Alimony for children from different marriages is listed by the payer's employer's accounting department.

The total amount of alimony collection cannot exceed 50 percent of the payer’s salary. Therefore, when a new baby is born, the share of the father’s earnings for each child will be reduced. If the payer wishes, he has the right to transfer more interest on alimony for children from different marriages. Then an agreement is concluded between the parents to pay financial obligations. (Article 80, Chapter 16 of the RF IC). The amount can reach 70 percent of earnings. The payer spends the remaining money on himself.

Nuances of calculating and paying alimony

Please note the following:

• The payer of alimony can be either the father or the mother - according to the RF IC, it is the duty of parents to equally support their child.
• If both parents abandoned their child, this does not mean that they will not pay child support - deduction also occurs, but the funds are sent to the state institution where the child will live and be raised.
• The specified amount will be divided equally between the children. That is, for 2 children the father must pay 33%. This means that each child will receive 16.5%.
• The court may increase the amount of child support if the recipient parent files a lawsuit and presents arguments that convince the judge to change the decision.

There is no 100% practice in such cases - when considering a case, the judge, first of all, takes into account the interests of the child.

Normative base

Issues of assigning alimony in favor of offspring are regulated by Chapter 13 of the Family Code. According to the law, children from different marriages have the right to receive the same share of payments. These provisions are governed by the following articles:

• Parental responsibilities in relation to providing for minors Art. 80.
• The amount of payments that are collected in court Art. 81.
• Types of sources of income from which alimony is withheld, Art. 82.
• Collection in a fixed amount of money Art. 83

In addition to the provisions of the Family Code, this issue is regulated by the following legal acts:

• Code of Civil Procedure.
• Civil Code.
• Federal Law No. 229 “On Enforcement Proceedings”.

You need to understand that child support from different marriages is received not only from the payer’s official earnings, but also from other income, namely:

• Additional payments and salary allowances.
• Premium.
• Pension payments (except survivor's pension).
• Scholarships.
• Income from real estate, securities and other things.
• Contents for military and internal affairs employees.
• Income from doing business and the results of intellectual work.

However, alimony payments for children from different marriages cannot be received from:

• Amounts that were paid as compensation for harm caused to human health.
• Reimbursed amounts (for example, when caring for a sick loved one).
• Travel payments, payments for the use of personal transport, tools, and so on.

Attention
Information about the income from which alimony is transferred for children from different marriages is contained in Article 2 of the Government of the Russian Federation of July 18, 1996 No. 841. Information about which funds cannot be levied is indicated in Article 101 of the Law “On Enforcement Proceedings”.

When can the size be reduced?

A reduction in the amount of alimony is possible by court decision, if the payer makes a corresponding request.

Payments may be reduced upon the occurrence of the following facts:

• The payer has another dependent (for example, another child is born or he begins paying child support to the parent).
• He lost his job or his earnings decreased significantly (for example, he was transferred to a lower position).
• The payer has another obligation (for example, to care for another relative).
• One of the children began working (if this fact can be proven).
• The child has other sources of income (property that regularly generates income).

If a person paid alimony as a percentage for one child (in the amount of a quarter of his income) and another obligation was established in relation to him for the second child, then he can declare the need to reduce payments, but he will have to prove the impossibility of payments in the same amount.

What amount is taken as the basis when calculating alimony? The answer is presented in the article “How much is the average salary for calculating alimony.” You can find out how the alimony court process works here.

Amount of alimony for children from different marriages

According to Article 80 of the RF IC, the amount of alimony for children from other marital relationships may be provided for in an agreement that is concluded between the parties on a voluntary basis. In this case, payments for the maintenance of offspring can be transferred in any amount and at a frequency agreed upon by the former spouses (Articles 103, 104 of the RF IC).

If the parents providing for the maintenance of the children were unable to come to a consensus on the payment of financial obligations, then, according to Art. 81 of the RF IC, the amount of alimony for children from different marriages is established by the court, taking into account all the circumstances of the current situation, as well as the family and financial situation of the parties. From the following table it becomes clear how payments are divided between offspring:

Is it possible to reduce payments?

When a statement of claim is received, the court takes into account the fact that the defendant already has financial obligations towards the child born from another woman. The defendant may file a counterclaim, but it is usually sufficient to provide the court with a previously issued decision (court order) on collection by another court. On this basis, the court will be obliged to follow Art. 81 IC, which sets the amount as a percentage of the payer’s income. Thus, he does not have the right to assign to each subsequent woman who filed a claim, having 1 child, the 25% provided by law.

According to the law, there is a proportional reduction in size. The first born, who previously received 25%, from the moment the court decision comes into force will receive payments in a smaller amount: 16.5 – 12.5 – 10% and so on...

If the court satisfied the demands of each woman to recover funds in the amount of 25% for the only child born to her from the father, then after filing the 4th claim, alimony for 4 children would amount to 100% of the payer’s income. And the insurance company limits the maximum payment amount to 50%.

Some people believe that abandoning a child frees them from child support. In fact, this is a mistaken opinion and refusing a child will not affect payments in any way.

Thus, as each subsequent child is born, the total allowable size of 50% is divided among all children born. The financial situation of those born earlier is progressively worsening.

In what forms can alimony be paid?

Alimony for children from different marriages can be collected in two ways:

• Through the conclusion of an agreement.
• Through the judiciary.

An agreement is drawn up if the spouses managed to come to a common opinion regarding the provision of a common offspring. The document is certified by a notary (Part 1 of Article 100 of the RF IC). If an agreement cannot be reached, this issue is resolved through the court, which establishes the amount and procedure for making payments for alimony for children from other marriages.

Payment procedure

There are two ways of interaction between ex-spouses:

• voluntary agreement.
  This method is used in cases where when the spouses managed to agree on the amount of alimony, and the spouse himself shows a sincere desire to provide for the children financially. A voluntary agreement is drawn up with the participation of both parties and then certified by a notary.

  After this, the agreement comes into force. Payments will be made based on the payment procedure established in it. For example, if the contract says that money will be transferred to a bank account in the amount of 12,000 rubles on the last Saturday of every month, then the payer will follow this procedure.

• Litigation.
  When making payments through the court, the procedure and amount of payments are determined not by the former spouses, but by the magistrate.

  This is due to the fact that collection through the court almost always occurs due to the reluctance of the ex-spouse to participate in the financial affairs of the family and provide for their children.

The only way you can influence the amount of alimony is to provide evidence of low material security and high need. Such evidence can be: certificates of disability of children, personal disability, pregnancy, etc.

If alimony is ordered by the court, the plaintiff will be issued a writ of execution, which he must then give to the bailiffs. They, in turn, execute the court decision - they collect from the alimony payer the amount determined by the judge.

If the payer does not have sufficient funds to fulfill his obligations, his property is described as debt. The money is then transferred to the plaintiff either into a bank account or in hand in hard currency.

Registration of alimony for children from different marital unions by agreement

In the case of registration of alimony for children from different marriages by voluntary agreement, payments aimed at supporting the offspring are transferred in amounts and in the order, according to the information specified by the agreed parents, stated in the document. The official consent must include the following information:

• Full name and passport information of both parties.
• Amount to be paid.
• Child support payment period.
• Transfer method.
• Details where funds should be transferred.

A sample agreement on the payment of alimony for children from different marriages is available.

To conclude an alimony agreement, the following documents will be required:

• Parents' ID cards.
• Birth certificates of children.

Sometimes additional paperwork may be required, for example:

• Document confirming residence with the parent.
• Passport if the child has reached 14 years of age.

Notary specialists will order documents on the legal capacity of parents themselves.

The procedure for obtaining alimony for children from different marriages by agreement is as follows:

1. Draw up an agreement or decide on its main points.
2. Collect the necessary documents.
3. Contact a notary and agree on the text.
4. Wait for the submitted documentation to be verified.
5. To certify a document.
6. Make payments on time.

A notarized alimony agreement for the payment of alimony for children from different marriages has the same legal force as a writ of execution issued by a judicial authority (Part 2, Article 100 of the RF IC). This means that if the payer fails to fulfill the relevant obligations, the recipient can turn to the bailiffs to collect the money forcibly.

The provisions of the agreement on the payment of alimony for children from different marital relationships can be changed by mutual agreement of the parties. For example, if the payer has another child from a new marriage, the maintenance for the first offspring should be reduced. If the recipient does not agree to this, then the alimony obligee will have to go to court to forcefully reduce the amount of payments (Article 119 of the RF IC).

Where to contact

To establish alimony obligations, potential recipients must apply to the court with a corresponding application.

After the act is issued and it comes into force, it is necessary to obtain a writ of execution or a court order and submit it to the bailiff service.

The parties can also enter into an agreement if they were able to reach an agreement. To do this, you will need to draw up the text of the document and contact a notary, who will certify this paper. The agreement may stipulate many conditions, including frequency, amount of payments, conditions for termination of payments, and so on.

Necessary documents for registration of alimony through the court

When applying to a judicial authority to obtain alimony for children from different marriages, the plaintiff draws up an application indicating the claims. The document is prepared in several copies. One of them is handed over to the court, the other is sent to the defendant, and the third remains with the plaintiff. In addition to the application, it is necessary to submit other documents, namely:

• A copy of your ID.
• Children's birth certificate.
• A certificate from the place of residence confirming that the child lives with the plaintiff.
• Document confirming income.
• Evidence justifying the receipt of a certain amount of alimony (payments that indicate relevant expenses).

Decor

There are several ways to arrange child support payments for four children. The most peaceful and simplest is an oral agreement between the former spouses. It occurs when the father voluntarily admits that he must financially support the family.

To provide written proof of an oral agreement, it is recommended to enter into an alimony agreement. It provides the following points:

• payment procedure;
• deadlines;
• amount of payments;
• other necessary conditions.

A written agreement may be enforceable in the event of failure to fulfill specified obligations.

If it was not possible to reach an amicable agreement, then the only way out is to appeal to the executive authorities. To process alimony payments, you will need the following documents:

• passport;
• birth certificates for each child;
• marriage certificate (if the parents are not divorced), otherwise you will need a divorce certificate;
• certificate of family composition.

To assign payments by order, it is recommended to contact the Magistrates' Court. To do this, you will need confirmed paternity, place of residence and work of the spouse.

The personal presence of the payer in court is not mandatory. The decision is made based on the submitted documents. After the verdict is rendered, the defendant receives a notice of alimony collection and a copy of the court order. If payments do not arrive to the account, then the plaintiff has the right to come to the bailiffs with a copy of the court decision to collect debts from the willful defaulter.

Registration of alimony for children from different marriages through the court

After the enactment of the regulatory act on amendments to the law on justices of the peace and the Code of Civil Procedure of the Russian Federation, on the basis of Law No. 451-FZ, from October 1, 2020, on the issue of collecting alimony for children from different marital unions, you can only apply to judicial authorities of general jurisdiction.

IMPORTANT

Previously, the issue of alimony for children from other marriages was also resolved through writ proceedings, in which the parties were not summoned to trial. At the same time, the magistrate issued a ruling - an order, which was an executive document. The document entered into legal force only in the absence of disputes. If the defendant expressed an objection, the case was transferred to a court of general jurisdiction, where it was considered in the standard manner. However, the order could be applied when alimony was calculated exclusively as a share of earnings, and also when the payer had no other monetary obligations.

Thus, when applying for alimony for children from different marriages, you must contact the district court. The application must be submitted at your place of residence or the defendant’s place of residence. It should contain the following information:

• Name of the court where documents are submitted.
• Full names of the parties, as well as their addresses and contact details.
• The basis for the emergence of alimony obligations.
• Information about the defendant's obligation to make payments.
• Claims indicating the exact amount.

When deciding on alimony for children from different marriages, the court proceeds from how many minor children the defendant has, the financial and marital status of the plaintiff and defendant, and determines the financial support for the offspring in such a way that neither party is disadvantaged.

A sample statement of claim for the collection of alimony for children from different marriages is available.

Procedure for applying for child support for 4 children

If four children were born in one marriage, the spouses have two options:

• enter into an alimony agreement;
• establish payments through the court.

If there are a large number of children from different marriages, a man can draw up agreements with his ex-spouses, but in practice this is quite rare, and alimony is collected in court.

Claim procedure

Procedure:

1. Collect documents and submit, along with a statement of claim, to the court at the place of registration or at the defendant’s registered address.
2. Wait for the court hearing to be scheduled.
3. Appear for the hearing on the appointed date.
4. Based on the results of the proceedings, obtain a court decision and IL.

Then the claimant can transfer the IL to the bailiffs at the payer’s registered address or provide it at his place of work. In the latter case, funds are automatically withheld by the accountant from the man’s salary without his consent.

Order order

Another way to collect alimony is to issue a court order. A woman needs:

• prepare an application and necessary documents;
• apply to the magistrate's court to issue an order;
• wait 5 days and receive a document to use it instead of IL.

The advantages of a writ (PO) over a claim are that the time frame for considering the application is minimal, there is no need to summon the other party to court, the judge considers the case on the basis of the documents provided by the applicant. The disadvantage of the PP is that it is easy to cancel a court order by filing a counter-statement of disagreement; this is somewhat more difficult to do within the framework of a lawsuit.

If the payer disagrees with the amount of payments prescribed in the court order, he has 10 days to challenge. He needs to submit an application to cancel the document, and then collection is carried out in the manner of a claim, and not a writ.

Timing and cost

An alimony agreement on alimony for children from different marriages is drawn up and certified by a notary. This may take from one or two days to a week. The cost of certification varies, since notaries have the right to independently set tariffs for legal and technical services. The amounts of the state fee for performing notarial acts are specified in detail in Article 333.24 of the Tax Code of the Russian Federation.

IMPORTANT

The trial takes much longer, about one to two months. Sometimes the process of considering a case in court can drag on for a longer period. When collecting alimony for children from different marriages, the mother raising the child and acting as the plaintiff is exempt from paying state duty, since she acts in the interests of the offspring. But this does not mean that the state fee will not have to be paid. The corresponding payment falls on the shoulders of the defendant. According to clause 15, part 1, article 333.19 of the Tax Code, the amount of the state duty depends on the price of the claim, but cannot be less than 150-300 rubles.

Alimony payments for two children from different marriages

Let's consider a situation in which a man pays child support for two children from different marriages. According to the law (Article 80 of the RF IC), all offspring have equal rights to be provided for by their parents. Therefore, in general, the court divides part of the collected income of the alimony provider by the number of children.

If there is one child, then the amount of payments is 25%, and if there are two, then it will be 1/3 of the defendant’s income for both. Then each offspring born to different mothers will receive 1/6 of the payer’s earnings.

The calculation for two children looks like this: Total income * 1/3/2 = child support for each of them.

For example, a father receives a salary of 24 thousand rubles. monthly. He has no other income. The calculation will be as follows: 24,000 * 1/3 / 2 = 4 thousand rubles. Each child from two families will receive 4 thousand rubles. monthly.

The calculations presented concern only the father of children who grow up in two different families. If we consider the issue from the point of view of a mother who has offspring from two fathers, then the situation will be somewhat different. Calculation of child support for children from other marriages will be made separately for each child, and the final amount will depend on the earnings, as well as the financial and marital status of the fathers. The size will be different for each offspring.

Appointment and calculation of alimony

All parents who do not take part in the maintenance and upbringing of children are required to pay child support, regardless of whether they live together or not. Collection of payments is made in several ways:

Payment of child support is a legal obligation of every parent who does not live with the children.

The size depends on the number of minors:

Thus, in terms of increasing payments, the legislation is completely on the side of fathers, because They are the ones who most often become liable for alimony. If there were no such restrictions, they would have to give away almost all their earnings for three or more children, especially if they all come from different marriages.

Alimony in a fixed amount is assigned if it is not possible to determine the amount of income of the alimony payer or place of work, as well as in cases where the father has inconsistent earnings. Here, for the calculation, the cost of living per child in force in the region of his residence is used.

If children are from the same marriage

If all four children are from the same marriage, the calculation of the amount of alimony will be carried out according to the following example:

The father earns 70,000 rubles monthly. For children he pays the following amount:

70,000 x 50% = 35,000 rub.

If he has three children, the calculation will be as follows:

70,000 x 33% = 23,100 rub.

If children are from different marriages

Things get more complicated when one father has several children from different marriages. For example:

In 2010, the man got married and the couple had two children of the same age. In 2013, he got divorced and his ex-wife filed for alimony. He is assigned payments in the amount of 33% of his salary. Subsequently, in 2015, he marries again, has a daughter, and a year later, a son. In 2020, there will be a divorce again, and he has to pay child support for the other two children from his second marriage.

How everything is calculated:

1. Initially, the court obliges the payer to transfer 33% of earnings.
2. After the second divorce, another 33% of the salary is assigned to the last two children, for a total of 66%. According to the law, the father can file a claim to reduce the amount of alimony, and then he will pay 50%, as required according to the RF IC.

How the calculation is done using an example:

The salary of the person receiving alimony is 50,000 rubles. For the first two children, he is initially assigned 33% of the income, which is a total of 16,500 rubles. For the remaining minors, he would also be awarded 16,500 rubles, and in total he would have to pay 66% of his earnings, i.e. 33,000 rub. This would violate his rights, because he, too, must spend his own earned money on needs, and he may have another family that requires financial expenses.

To prevent this, the distribution of payments was made as follows:

Initially, the first two children received 16,500 rubles each, but later, due to the re-initiation of paperwork to collect alimony for the remaining dependents, payments to them decreased to 12,500 rubles, i.e. 6,250 rub. for everyone.

Thus, after the execution of the second writ of execution, the total amount of payments for all four children was 25,000 rubles, for each - 6,250 rubles. Recipients do not have the right to object to a reduction in payments if they were previously transferred money in a larger amount, because the amount of payments is limited by law not taking into account the number of marriages, but taking into account the number of children, and everyone should receive the same maintenance.

An increase in the amount of alimony is possible only if a woman demands payment for her own maintenance. For example, if she is disabled, is on maternity leave for up to three years, or is caring for a disabled child and needs financial support. Here the recovery is made in a fixed sum of money, the determination of which takes into account the financial situation of both parties.

Important! If the father pays child support for four children, and the ex-wife decides to collect the payments on herself, the total amount cannot exceed 70% of the salary.

Here's what it looks like in an example:

The alimony payer earns 40,000 rubles. per month, of which he pays 50% of his income (20,000 rubles) for the maintenance of four children from three different marriages. He only has 20,000 rubles left from his salary for his own needs. The last spouse decides to file a lawsuit to recover alimony for herself, because... is on maternity leave and needs money.

How is the calculation made:

20,000 x 20% = 4,000 rub. - the amount that the ex-wife can receive monthly in this case.

Important! The above example is not completely accurate, because... When determining the amount of alimony for a former spouse, the court takes into account the financial situation of both parties: whether the alimony holder has other obligations (loans, mortgage, presence of other dependents, etc.), what is the income of the recipient.

Child support calculator

Amount of children:

Second parent's salary:

Deduct personal income tax from salary:

Result: rub.

Alimony for three children

According to the law, if there are three offspring, payments are withheld in the amount of 50% of the payer’s earnings (Article 81 of the RF IC). Then the calculation of alimony for three children from different marriages is made by applying the following formula: Total income * ½ / number of children = alimony payments for each child.

So, if we take the previous example, where the father receives a salary of 24 thousand rubles, then the amount is calculated as follows: 24,000 * ½ / 3 = 4 thousand rubles. It is precisely this kind of alimony for children from different marriages that the mother will receive for each of her offspring. For example, if in the first marriage a man has two children, and in the second - one, then the first wife will be transferred 8 thousand rubles, and the second - only 4 thousand rubles.

Alimony for various families

According to the UK, alimony for two children is 33% of the salary. The only one is entitled to a quarter of the income. What to do if these children are from several marriages, and each of them is entitled to the same amount.

If you need to calculate deductions for two children, you must remember that they can be calculated on certain incomes:

• additional payments, wage supplements;
• real estate income;
• bonuses;
• monetary allowance;
• pensions (excluding accrual for the loss of a breadwinner);
• business income;
• scholarships;
• fees.

You cannot calculate alimony from the following payments:

• compensation;
• compensation for harm to health;
• travel allowances, depreciation payments, etc.

So, in order to independently divide child support for two children, you need to know what the payer’s income is from all sources. If there are only two children, then only the third part will have to be shared. If there are more children, then you need to divide large percentages of income between them - 50.

Alimony payments for four children

The same formula as in the previous case is used when calculating alimony for four children from different marriages. When substituting the values ​​into the formula, you get the following: 24000 * ½ / 4 = 3 thousand rubles. For example, if a man has two children in one and the second marriage, then each mother will be paid 6 thousand rubles. If in the first family a man has three offspring left, and in the second one another baby was born, then the ex-wife, who gave birth to three, will receive 9 thousand rubles, and the second, who gave birth once, will receive 3 thousand rubles.

When applying the general formula for calculating alimony for children from different marriages, the court takes into account the number of offspring, the presence of other dependents supported by the defendant, and his financial situation. But priority is given to the interests of the children. The same rule applies when establishing payments in a fixed amount of money (Article 83 of the RF IC).

How is child support paid between children from different marriages if the father is unemployed?

The law protects those children whose abandoned fathers (or mothers) are not officially employed or are temporarily unemployed. In this case, the court may set the payer a fixed amount to be paid as alimony. This is a more problematic situation compared to assigning payments if the father has a stable job. However, it is also possible to receive alimony for children from different marriages from a non-working father. This is stated in Article 83 of the RF IC.

For example, the court may order financial obligations based on the father's most recent salary. Also, the calculation of child support from different official relationships is made on the basis of average earnings in the region. If the content turns out to be too small, then the state has the right to take care of the assignment of part of the payments. But the alimony provider must look for a job, and then pay off the arrears of alimony for children from different marriages. Otherwise, the bailiffs can seize money from him in various ways, including arrest and subsequent sale of the property.

For your information

The situation may develop in such a way that at the time of the trial the father had a stable job, and the court decided to pay two children from different marriages in the amount of 16.6% of earnings. But by the time the writ of execution was handed over to the place of work, the man quit. Then the employer will return the writ of execution to the FSSP service, informing about the dismissal of the employee. Until such a father gets a new official job, or if he does not register with the employment center, the court may order child support from different official relationships, based on the average salary in the country. And when the man gets a job, another executive document must be submitted to the accounting department. It will contain information about the necessary support for the offspring, as well as about the accumulated arrears of child support from other marriages, which must be repaid.

If the payer is unemployed

If the alimony payer does not have a permanent place of employment, then alimony can be set at a fixed amount.

If payments have already been established in shares, then the average salary at the payer’s last place of work is taken into account and the share for each recipient is calculated from it. If he has not worked anywhere before, then the average salary in the country is taken into account.

In this case, the payer may demand a reduction in the amount of payments in court, but he will need to justify that such a reduction is necessary.

Equalization of child support payments for children from different marriages

To calculate the amount of alimony for children from different marriages, the following formula is used:

Total income * % / N = child support for each child , where

% – this is the percentage of income applied in a specific situation.

N is the number of offspring.

The formula follows from the provisions of Article 81 of the RF IC, which indicates the percentage of penalties for the maintenance of children, depending on their number.

In what cases is 70% of income assigned?

The maximum amount of alimony that can be collected for child support is 50% of all types of income. But the maximum amount that can be withheld from wages is 70%.

It is withheld in the following cases:

• the man also has dependents for whose support he transfers funds (parents, spouse, ex-wife);
• The alimony provider has arrears of alimony (70% of the salary will be withheld until the debt is repaid).

However, withholding 70% has a negative impact on the payer’s standard of living. Therefore, he can go to court to reduce the amount of payments.

Is it possible to reduce child support for a child from another marriage and what needs to be done for this?

In accordance with Article 119 of the RF IC, the amount of alimony for children from different marriages may be reduced. The following situations may be grounds for reducing payment amounts:

• The onset of disability of the first or second group.
• The birth of another baby.
• Receiving high earnings is significantly more than the amount spent on maintaining the offspring.
• The presence of offspring on state support and when the mother does not spend money on them.
• A sharp decrease in the payer's income.

There is no point in specifically looking for a reason to reduce child support for children from different marriages. But life circumstances may develop in such a way that it is truly impossible to provide for the offspring on the same terms. Then the monthly allowance may be reduced. You can read about how to write off alimony debt on our website.

There are also cases in which alimony providers are simply trying to avoid their responsibilities. In such situations, the law comes to the defense. Fathers should know that in addition to the accumulated debt to pay child support for children from other marriages, a penalty may also be collected from them (according to Article 115 of the RF IC)

A statement of claim to change the amount of alimony for children from different marriages is possible.