Alimony for a second child in a second marriage, alimony for a third child from a second marriage: amount, reduction.

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• the sequence of the process of receiving payments to ensure normal living conditions for children is determined by Chapters 13, 16 and 17 of the RF IC, as well as other norms;
• Legislative acts establish payment at the birth of a child in any marriage in the appropriate parts of the payer’s total income in accordance with Art. 81 RF IC;
• If the payer’s earnings are unstable, it is appropriate to pay benefits in a fixed amount - the established amount in monetary terms in accordance with Art. 83 RF IC.

Alimony payments for the second, first child, etc. father or mother receive by transfer to a card or account, as well as by mail. If the benefit is issued in person, the payer is recommended to take a receipt from the person who cares for the child.

Alimony for a child from a second marriage

The amount of the benefit depends on the total number of children. This is not affected by the number of official or civil marriages.

Of all the parent’s income, a quarter is calculated for one child in the family, a third for two, and half for the birth of a third child. By law, each of the children must receive an equal share of the payments.

Alimony for a child from a second marriage can be changed by agreement of the parties, but cannot be less than the limit established by the court, most often the subsistence level in accordance with paragraph 2 of Art. 103 SK:

            “The amount of alimony paid under an agreement on the payment of alimony

1. The amount of alimony established under an agreement on the payment of alimony for minor children cannot be lower than the amount of alimony that they could receive if alimony was collected in court.”

1. If the court orders alimony in a fixed amount, the previous usual standard of living of the children must be taken into account in accordance with Art. 83 SK:
2.             “Collection of alimony for minor children in a fixed amount
3. The amount of alimony at the birth of a third child can be changed taking into account whether the paying spouse has other family members to support him without taking into account children.
4. The maximum amount of alimony payments that can be recovered from the paying parent is 70% of the total possible income for minor children of the total number of marriages.
5. The minimum amount of payments for a child from a second marriage will be regulated by the number of children the payer has.

Duration of payment of child support at the birth of a child

Alimony payments must be transferred to the mother's account (most often the children remain with her) with a certain frequency. The regularity of the amount of alimony at the birth of a child is determined by the court or a voluntary agreement of the parties.

The payer of the benefit in a fixed amount is also obliged to make payments with the established frequency. Payments for the third child from the second marriage or alimony for the birth of the first child in the third are transferred to the mother’s account until the date set by the court.

If the payer delays payment of child support in the second family, then penalties will be applied to him - 0.5% of the amount of payments for each day withholding payments.

Voluntary child benefit

Concluding a voluntary agreement between former spouses regarding payments for the maintenance of common children is the best option for a transaction between citizens during first and subsequent marriages (second, third, etc.).

The alimony agreement is concluded by the parents and notarized. A document that is in writing will have the same force as a court decision. The document will specify the timing of receipt of benefits, the amount, conditions of delay, if any, penalties and other ways to regulate payments for child support.

If disagreements arise regarding individual points, you can go to court to resolve the dispute legally.

Receiving payments for children by court decision

Legislative authorities recommend applying to special bodies to establish payments for children if the spouses cannot amicably resolve this issue.

A former parent who currently supports children together can seek help from the court to assign child support payments at any time, for example, after the birth of a third child. The custodial parent has the right to file an application with the court both while married and after a divorce.

If a formal application is submitted, the paying spouse is obligated to pay benefits from the date of its filing. Recovery is possible for the time before the filing of the claim, but not more than 3 years, if the spouses were no longer living together at that time.

Reduction of alimony for the third child from the second union of spouses

Is it possible to reduce child support for a third child or is it impossible to change the amount? If the payer’s situation has significantly worsened, then the court may revise alimony for children from a second marriage or even change the amount for all children, even if this is contrary to the interests of the children. Is the birth of a child in a second family a reason to reduce child support payments?

Reasons for regulating child support may be as follows:

• the birth of a second child already in the third union (even more children);
• appearance of dependents (sick relatives);
• deterioration of the payer’s health or financial condition.

At the birth of a third child already in the 3rd or 4th union, both registered and civil, provided that the child has an entry in the line about the paying parent, the amount of alimony can be reduced. Adjustment of payments is also possible as a result of the appearance in the payer’s family of a dependent who is financially dependent on him, or a serious illness of loved ones that requires expensive treatment.

Alimony for a third child or for children of a second marriage is regulated by court orders. However, the amount established by the settlement agreement can be changed by agreement of the spouses. At the same time, the notary makes appropriate changes to the new document.

A child support reduction does not occur automatically upon the birth of a third child in a third marriage. To reduce child support in the first and second marriage, it is not at all necessary for the third wife to file a lawsuit to receive benefits.

However, the payer will still have to apply to the judicial authorities.

Only by proving the reasons for the deterioration of his situation, be it the birth of a third child in subsequent marriages or a serious illness, will the paying spouse be able to qualify for a reduction in alimony payments.

In addition, it is possible to regulate the amount of the benefit if the payer proves that the guardian is spending the money transferred by him to provide for joint children for other purposes.

To do this, the payer must write an application to the guardianship authorities, who are obliged to come to the place where the child lives and check where and how the monthly payments of the ex-spouse are spent.

There is also the possibility of accumulating a sum of money for children - monthly payments that will be accumulated in a special personal account for the children, for example, to pay child support for their studies in the future. Children can withdraw money from such an account only when they reach the age of majority.

Possibility for the guardian to cancel the reduction of alimony payments

If there is a reason why the children's guardian believes that a benefit adjustment is not appropriate, he or she may contest the claim. In this case, the position of both parties will be reviewed again.

The child's guardian is obliged to provide all documents that prove that the defendant can pay a monthly allowance for his children, and the plaintiff is on parental leave and does not have additional income.

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Reducing the amount of alimony upon the birth of a third child in a second family

In practice, a situation cannot be ruled out when not only a second, but also a third child is born from a second marriage. If a parent pays child support for one or two children, then he may be interested in the question of how to reduce child support upon the birth of a third child.

Is it possible to reduce payments?

The Family Code states that:

• firstly, alimony is calculated as a share of the payer’s income;
• secondly, up to 25% of income is withheld for one child, up to 33% for two children, and up to 50% for three children.

Based on this, we can conclude that the total amount of payments cannot decrease; it will only increase until it reaches 50% of income. But payers do not set a goal to reduce the total amount of funds paid; they mainly want more money to remain in the second family. But this is already quite possible to achieve.

In exceptional cases, the court can reduce payments for each dependent separately, naturally, equalizing their size. For example, based on a judicial act, the father will be obliged to pay not 50% of the income, but 40 or some other percentage.

Possible situations

There are several typical situations related to the issue under consideration:

1. Funds are withheld for the first child. But neither the second nor the 3rd child receives payments, at least not compulsorily.
2. The money is paid to the son or daughter from the first marriage, as well as for one child in the second marriage.
3. Funds are already being paid for 2 children, but the question of reducing the amount of support for the oldest minor has not yet been raised.
4. Child support is not collected for any child.

Whatever the situation, a reduction in the amount of alimony due to the birth of a third child in a complete family occurs according to one of two schemes. More about them a little later.

For now, let us dwell on what legal norms govern legal relations within the framework of the issue being described.

Legal basis

You can reduce the amount of money given to your first child based on:

• Art. 81 RF IC;
• Art. 119 RF IC.

You also need to refer to the norms of the Civil Procedure Code, which establishes the procedure for drawing up and filing various procedural documents:

• statement of claim;
• petitions or complaints.

But we should dwell in more detail on the articles of the RF IC.

What is discussed in Art. 81 IC RF

Part 2 of this article states that the court can reduce the size of the shares discussed above, based on:

• the financial condition of the payer or recipient of alimony payments;
• the composition of their families and other family circumstances;
• other circumstances that the court deems worthy of attention.

Based on this legal provision, we can draw the following conclusion: the payer may have the right to petition the court to reduce the withholding share in connection with the birth of the 3rd child.

The following documents must be attached to the application:

• the birth certificate of the third minor, the second would also not hurt;
• court decision to recover funds, if any;
• income certificates;
• other documents indicating a difficult financial or difficult family situation.

You need to justify your demands by the fact that it is very difficult to pay ¼ of the income for the first child and support two more.

Of course, the court will carefully weigh all the circumstances of a particular case and take into account the position of the payer. If the ex-wife’s situation, for example, with money is difficult, then there can be no talk of reducing the retained share.

Reduction of payments under Art. 119 IC RF

Art. 119 of the RF IC gives the payer the right to file a claim to reduce the amount of payments. The grounds will be the same as above. The court will carefully study the factual circumstances of the case, identify what arguments presented by each party deserve attention, what evidence confirms:

• that the amount of alimony payments needs to be reduced;
• that the shares in which the recovery is carried out must be left unchanged.

The ex-wife, who will be the defendant in the case, may object to the ex-husband's claim. Namely:

1. She may refer to the low level of wages she receives.
2. The ex-wife may indicate that she has to contribute funds to support, for example, elderly parents.

All these arguments deserve attention. The main thing is that the court cannot ignore the interests of the minor. If it is possible to reduce the amount of payments, then only in such a case when the son or daughter will not suffer much from this.

Payment reduction schemes

When asking the court to reduce the amount of funds withheld, it is necessary to prepare in advance. In general, this right of the RF IC can be exercised in two ways:

1. Let's say money is collected for the first child. There is a second family with two children. You can, without making any unnecessary moves, prepare a petition or lawsuit in court and ask for a reduction in payments for your eldest son or daughter. The disadvantage of this method is that the plaintiff will not have evidence confirming the extent to which he supports his younger dependents. The judge may assume that the second and third children do not need anything and are doing well. Then there is no point in talking about reducing payments. In general, although the RF IC states that the interests of all interested parties must be taken into account, first of all, they stand guard over the interests of minors.
2. More savvy alimony providers do things a little differently. First, they send the current spouse with a claim to the court so that she can collect alimony for minors born in the second marriage. If money is already being collected for the second child, then good. Courts satisfy such claims in most cases, except those where it can be proven that there is a certain agreement between the plaintiff and the defendant. But proving this is not so easy. After child support has been collected for all children, the payer of the funds makes his move. He appeals to the court with a statement, where he refers to the already mentioned Art. 81 RF IC. Part one of this article states that no more than 1/2 of all income should be withheld from three minors. What happens in practice? Things don't always work out this way. How exactly - read on.

So, the following options are possible:

• the son from his first marriage already receives ¼ share of alimony, no one else receives it;
• two minors receive funds in 1/6 share each.

The plaintiff making payments must emphasize that each child has the right to the same maintenance as the others. Therefore, it is necessary to make a request to equalize the amount of payments if it is different for each child. This appears to be the case in the first of these cases.

How much will payments be reduced?

In the case where there is a redistribution of alimony between children, it is clear that the total amount of payments will not decrease. But 1/3 of the income will remain in the family, and 1/6 will be transferred to the ex-wife.

If the reduction is not related to the emergence of child support obligations for the 2nd and 3rd children, then the court reduces the retained share at its discretion, based on the actual circumstances of the case. Therefore, it would be incorrect to name the specific value of the new share. Moreover, no two cases are absolutely identical.

And there are not many similar ones. In one case, the payer receives a high income, and the recipient struggles to make ends meet. In another case, the payer does not have enough money to live. In the third, there are some persons, not children, who also have to be supported by one side or another. Everything is very individual.

Results

1. Is it possible to reduce payments in the interests of minors if a third child is born? Yes, the legislator has developed mechanisms that give the right to do this. The main thing is to implement them correctly.

2. How to reduce alimony? The Family Code of the Russian Federation clearly states that reduction is carried out only in court and only if there are compelling reasons: deterioration of financial condition, some changes in the family.

   Less significant circumstances cannot be stated as grounds for reducing payments of funds in the interests of a minor.

3. How much can payments be reduced? It is impossible to speak about this clearly. It all depends on the circumstances of a particular case.

   In some cases, the judge may order minimum payments if the alimony provider is doing really poorly. In some situations, a request to reduce payments will be denied.

Each real situation must be considered separately.

Therefore, before taking any steps, it is recommended to consult with a child support lawyer who can correctly identify all legally significant circumstances of the case, analyze them and develop a course of action leading to success. You can deal with the issue yourself, but with the help of a lawyer it is much easier and ultimately cheaper.

Alimony for the birth of a child in a second marriage

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Having obligations to support a child from a first marriage and the subsequent appearance of children from a new marriage is quite common practice in modern Russia. According to statistics, almost every third man has behind him either a broken marriage or an illegitimate child, for whom he is obliged to pay maintenance voluntarily or by court.

In this regard, a question often arises among alimony payers who support their child from their first marriage: does a decrease in alimony for the first child entail the birth of a second child in a second marriage or without one?

Amount of alimony for a child from a second marriage

The birth of a second child from a second marriage or without it does not automatically relieve the alimony payer from the obligation to support his offspring from a previous relationship.
Nor does it entail an automatic reduction in the amount of alimony. As a general rule:

• When establishing alimony in a fixed amount, the cost of living and, of course, the number of children are taken into account.
• It would seem that alimony at the birth of a second child is subject to reduction, but... The birth of a second offspring does not automatically mean the assignment of funds for its maintenance!
• It is understood that the parent conscientiously fulfills his obligations to support the second child from the second marriage, and in relation to the first one, any amounts are forcibly withheld from him.

At the same time, Article 119 of the RF IC establishes that if the marital status of one party to alimony legal relations changes, the court may reduce or change the amount of the amounts collected.

The conditions and subtleties of reducing the amount of payments are not specified in the law and remain at the discretion of the court.

Reducing the amount of child support for the first child at the birth of the second child - ways

To achieve a change (reduction) in the amount of maintenance payments due to the birth of 2 children from a second marriage, the payer can use one of the following methods:

1. Go to court in accordance with Art. 119 of the RF IC on revising the amount of alimony due to changes in marital status. In this case, it will be necessary to motivate additional expenses for the maintenance of the second child, insufficient income to fulfill obligations and to pay alimony for the first child and for the maintenance of a newly born young child. The same will have to be done if payments are assigned in a fixed amount.
2. Arrange for alimony for the second child, thereby achieving the reduction of the amount of alimony collected to that established by law.

IMPORTANT: Judicial practice on all options for reducing alimony is ambiguous. In the first case, courts often refuse to reduce alimony, citing the unproven impossibility of fully fulfilling one’s obligations. In the second case, it is not always possible to recover payments for the 2nd child if the marriage is not dissolved.

Another option, if there is a voluntary agreement to pay alimony, is to achieve a change in the amount of maintenance for the first minor by common agreement. Alas, if the couple had disagreements and scandals at one time, then you can forget about a voluntary reduction in the amount collected.

Filing an application to reduce the amount of alimony in accordance with Art. 119 IC RF

To file an application with the court with reference to Art. 119 of the RF IC, the payer must have one of several circumstances:

1. Child support has not been assigned for the 2nd child and he does not want to arrange it, paying maintenance voluntarily;
2. The money for the first child is collected in a fixed amount and it is required to reduce it in proportion to the costs of maintaining the offspring.

In any of these cases, you can ask for a reduction in the amount of alimony due to a changed marital status, namely if a second child has appeared.

What to write in the application?

The application is submitted to the same court that made the court decision on the recovery of maintenance. The statement states:

• Name of the vessel and its coordinates;
• Full names of the parties to the case, details of the case in which alimony is being reduced;
• Description of the circumstances of collection of alimony: method of deduction, details of the judicial act, etc.
• Description of the reasons that lead to a reduction in the amount for the first child: date of birth of the second child, description of the financial situation, etc.
• Evidence and references to the law;
• Request to the court to reduce the amount of alimony
• Signature, date of signing and list of documents.

Documents confirming the circumstances listed in the application are attached to the claim. The claim is filed in two copies, one for the court and the other for the defendant. The plaintiff can also make a third copy for himself to mark the delivery of documents.

Find out more about filing a claim to reduce the amount of alimony here.

State duty

The fee for filing such an application is calculated according to the rules for calculating property claims.

The amount for calculating the duty will be the benefit that the payer will receive when canceling part of the payments, calculated for the year.

Read more in the article about calculating the fee to reduce the amount of alimony.

How is the trial going?

The judge examines the evidence presented and clarifies the following points:

1. Is it true that due to changes in financial and marital status, the payer is experiencing difficulties in paying child support for the first child?
2. What causes these difficulties? Is there a deliberate creation of them to avoid the obligation to pay funds?
3. Are the interests of the second child infringed upon when fulfilling obligations for the first child?
4. Will the interests of the first child be infringed as a result of a reduction in the amount of alimony?

Having received the necessary information, the judge makes a decision. Alas, in practice, decisions are often made with a refusal to reduce the amount of alimony, since neither additional expenses nor the appearance of a new family member should have a negative impact on the offspring of previous marriages.

How to apply for child support for a second child

If in order Art. 119 of the RF IC, the payer of alimony was refused to reduce it due to the fact that another child was born, he still has one more way to optimize the load on his budget - to officially establish the amount of maintenance for the second child.

To do this, the spouse of the payer in the 2nd marriage must file a claim against her husband to recover funds for the baby.

IMPORTANT: Previously, courts considered such statements as fiction, often even refusing to collect. It was believed that if the spouses were not divorced, then there could be no problems with supporting the child.

The parties can also enter into an agreement on the payment of alimony, having it certified by a notary - it will also confirm the maintenance of the second child and record the obligation in a shared or fixed amount.

Nobody stops the child’s mother from “twisting her heart” a little, pointing out that the father does not take measures to care for the baby and does not provide him financially. This will make the case easier to handle. Alas, many fathers are not ready to voluntarily accept such a stigma, even for the sake of reducing payments for the first alimony.

Order, procedure

1. The mother of a child from a second marriage (or even without formalizing the relationship) files an application against the child’s father in court to collect alimony.

2. The court considers the application and makes one of two decisions:
   1. Collects alimony in the amount of ¼ per child, without taking into account existing obligations;
   2. At the same time, brings the amounts of alimony in accordance with the law and collects a total of 1/3 of all types of earnings for two children at once;
3. The judicial act is sent to the court that issued alimony for the first marriage for information, and if alimony in the amount of 1/3 was not established, the payer himself applies to the court to reduce the amount of payments.

IMPORTANT: The mother of a child from the payer’s second relationship may also demand that maintenance be established in a fixed amount, if there are grounds for this. However, a reduction in amounts already collected in this case is not guaranteed.

The responsibility to provide evidence of the existence of an existing court decision to collect alimony lies with the defendant. The plaintiff may not attach these documents to the claim, but the defendant in court has the right to either present the court decision or ask to request information from another court about it.

Documentation

Documents confirming the validity of the requirements are attached to the claim for the recovery of alimony for the second child:

• Applicant's passport;
• Copies of marriage and birth certificates of children;
• Certificates of place of residence and income;
• Document on the collection of alimony for a child from a first marriage.

All documents can be submitted in copies. The originals are brought to court.

State duty

The state fee for collecting alimony is 150 rubles, but the plaintiff is not paying it, since the claim is filed to protect the interests of a minor.

The fee will be collected from the defendant if the claim for alimony is satisfied by the court.

Bringing alimony payments into compliance with the law

When collecting funds for the 2nd child, the court may either take into account that the payer is already paying assistance and collect them in the amount of 1/3, as is expected for two children, or may refuse to do this. By establishing a penalty of ¼ of all income.

In this case, the payer will have to:

• Receive a court order to collect alimony for the second child;
• Go to court at the place where the first alimony was collected;
• Motivate the clearly inflated amount of alimony and ask to bring the collection into compliance with the law.

The court will review the documents and make a decision to establish a penalty in the amount of 1/3 of all income for two children.

IMPORTANT: The presence of a court decision to withhold funds for the second child in shares of all types of earnings is an absolute basis for changing the amount of funds for the first child in order to bring them into compliance with Art. 81 RF IC.

If alimony for a second child has been collected, this is the best way to reduce alimony for a child from your first marriage.

Need a lawyer

Reducing the amount of financial assistance due to the birth of a new child is not as simple a task as it might seem at first glance. Consulting a lawyer in this situation will help you decide on the right way to reduce the amount of payments and the main necessary actions.

Consultation with our website specialists is completely free.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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How to correctly formalize a reduction in child support in connection with the birth of the second, third and each subsequent child?

After the breakup of family relationships, former spouses have new families, and, as a rule, people have new children.

Since in relation to a child from a first marriage, with whom the parent does not live, he already pays alimony, and with the advent of new family members, earnings become insufficient, the alimony payer demands a reduction in payments.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 938-46-18. It's fast and free!

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Is it possible to reduce the amount of payments if a baby is born in the second family?

The responsibility of parents to support their minor children, and in some cases also adults, is spelled out in Art. 80 of the Family Code of the Russian Federation (RF IC). All children apply for financial support in the form of alimony payments, regardless of the marriage they were born into.

The amounts of alimony payments assigned in court are indicated in Art. 81 IC RF . If a child support agreement is signed between the parents, then they have the right to independently determine the amount of money transfers. The court considers each individual case individually, and, when assigning the amount of alimony, takes into account the financial situation of both parties.

Article 81 of the RF IC. The amount of alimony collected from minor children in court

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents.
2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.

The parent who is obligated to pay child support retains the right to demand a reduction in the amount of payments if there are good reasons for this.

The amount of payments upon the birth of a second child may be reduced if the following grounds exist::

• An increase in the number of dependents, and the second child is one of them.
• If child support obligations arise in relation to other children from another family. If the payer has three or more children, then the total amount of alimony should not exceed 70% of his earnings (Article 99 of Law No. 229-FZ “On Enforcement Proceedings”).
• The occurrence of health problems (payments may be reduced for a certain period or indefinitely).
• If the child has his own income.
• If the child is fully or partially supported by the state (study, boarding school).
• If the amounts transferred to the child significantly exceed his needs.

Important! Loss of a job, due to which the alimony payer does not have funds for his own maintenance, may also serve as a basis for reducing the amount of alimony payments.

The amount of alimony paid is reduced in the same way as these payments were assigned . If an agreement has been concluded between the parents, then after discussing this issue and deciding on the new amount of payments, they can contact a notary to change the terms of the agreement (Article 101 of the RF IC).

Let us consider in detail how to file a claim for a reduction in alimony payments in the event of the birth of a second child in a new marriage.

If alimony is paid on the basis of a court decision, the procedure will be as follows:

1. Collection of documents and evidence that the alimony payer has grounds for demanding a reduction in the amount of payments.
2. Drawing up a statement of claim.
3. Applying to a judicial authority with a claim and a complete package of documents.
4. Taking part in a court hearing at which the court will make a decision on the case.

As a rule, the payer himself files a claim to reduce the amount of alimony. The plaintiff submits the application in writing, putting his personal signature on it. Although there is no single established form of this document, according to the rules specified in Art. 131.132 of the Civil Procedure Code (Civil Procedure Code of the Russian Federation), the application must indicate the following information:

1. full name of the judicial authority where the entire package of documents will be submitted;
2. Full name and contact information of both parties;
3. executive document on the basis of which alimony is paid;
4. the reason why the alimony payer wants to reduce the amount of payments (the birth of a second child);
5. requirements put forward by the applicant;
6. the amount of current alimony payments, and the amount to which the plaintiff requests to reduce payments;
7. if there were negotiations between the two parties regarding a reduction in payments, then what result did they come to;
8. reference to legislative acts;
9. list of documents submitted to the court;
10. personal signature and date of submission of the application.

After accepting the statement of claim, the court, within 5 days, makes a decision to begin proceedings in the case or return documents indicating the reason (Article 133 of the Code of Civil Procedure of the Russian Federation).

Providing the judicial authority with all documents important for the consideration of the case can significantly increase the chances of the claim being satisfied. Copies of the following documents are submitted simultaneously with the application :

1. applicant's passport;
2. a document confirming the fact of marriage or divorce;
3. the child’s birth certificate, as well as, if available, documents confirming paternity, including medical certificates;
4. executive document confirming previously assigned alimony;
5. a certificate from a medical institution if the reduction in payments is due to a deterioration in health;
6. documents confirming the need to reduce the amount of alimony payments;
7. confirmation of the presence of other dependents of the alimony payer (new alimony obligations);
8. certificate of family composition;
9. income certificate.

Copies of documents must be notarized , and the originals must be presented at the court hearing.

The applicant submits the claim to the magistrate’s court at the place of residence of the spouse with the first child, or at his own place of residence (Articles 23, 28 of the Code of Civil Procedure of the Russian Federation). In addition, documents can be sent by post with notification.

Article 28 of the Code of Civil Procedure of the Russian Federation. Filing a claim at the place of residence or location of the defendant

The claim is brought to the court at the place of residence of the defendant. A claim against an organization is filed in court at the location of the organization.

The court approaches each case on the assignment of alimony, as well as on changing the amount of payments, on an individual basis. At the meeting, all evidence presented is considered , and both sides are heard. The decision is made taking into account the family and financial status of the plaintiff and defendant.

Nuances of calculating alimony payments

The obligation to pay child support falls on parents who, for whatever reason, do not live with their children. According to the law, children, regardless of whether they were born in an official marriage or in a civil marriage, have the right to receive alimony. A father who has left the family can pay money on a voluntary basis, or forcibly through the court.

Initially, Art. 81 of the RF IC establishes the following amounts of alimony payments :

It is written here what percentage of income alimony is, and what exact income they can be calculated from is written here.

For the first child, if the issue is resolved in court, payments will be assigned in the amount of 25% of the father’s income.

If the alimony payer has other children, the amount of payments for each child is reduced depending on their number . This recalculation does not occur automatically. In order for the amount of payments to be reduced, the payer will need to go to court each time to make such a decision.

The amount of alimony collected from the father depends on the number of children, but not on how many marriages they were born into.

For example, if a man has three children from two wives. Two of them were born in the first family, and the second appeared in the second marriage.

Important! As a rule, the court equalizes the rights of all children, but under certain circumstances, if there is an appropriate request from the payer, a decision may be made to reduce the amount of payments based on the financial situation of the payer and the children.

How to calculate the amount of alimony is described in this material, and here you can learn how to calculate the average salary.

How to reduce the amount when a third offspring is born in a new family?

When a third child is born in a subsequent marriage, both officially and civilly, the payer may qualify for a reduction in the amount of alimony payments. Birth documents must contain a record of the father .

The decision to change the amount of alimony payments for both the second and third child can be made voluntarily by mutual consent of the parents, which is fixed in the alimony agreement, or in court.

Child support is not automatically reduced upon the birth of a third child in a second or third marriage ; In order to reduce the amount of payments for children from previous wives, the alimony payer will need to file a statement of claim in which this request will be indicated, as well as provide the court with significant evidence of such need (for example, the birth of a third child). Only if there are good reasons, the court will decide to reduce the amount of payments.

At the birth of each child and the payer applies, the court will review the amount of the assigned payments, possibly reducing it (what is the minimum amount of alimony?).

The father has the right to demand a reduction in the established child support if he has another child in his new marriage.

But the court does not always satisfy such claims, especially if the payer lives with his second child, and his income allows him to fully provide for two children.

Therefore, when acquiring a large number of heirs, the father, first of all, should think about the material support of each of them.

Below is a video on the topic of reducing the amount of alimony payments:

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Alimony for a second child in a second marriage

Updated 07/03/2022

2016-12-08T20:45:08+03:00

Alimony obligations are regulated by Articles 13, 16 and 17 of the Family Code (FC) of the Russian Federation, as well as clauses of some other documents.

https://www.youtube.com/watch?v=YzGIbalzNQo

According to the law, a parent pays child support for children from different marriages and outside the union in shares or percentages of all income (Article 81 of the Family Code). Only if earnings are not constant or of varying amounts (for example, fees), a deviation from this norm is permissible. In this situation, payments are calculated in specific monetary terms or another method is used (Article 83 of the Insurance Code).

Payment of child support for children from different marriages is made by postal or bank transfer to the recipient's account. It is possible to transfer money in person, then the alimony payer is recommended to take a receipt from the other party.

The amount in which alimony is calculated for a second child in a second marriage is influenced by the number of minor offspring the parent has, and not by the union in which they appeared.

Child support calculator:

A reduction in child support at birth in a second marriage can be assigned by agreement between the mother from the second union and her ex-husband, if it exceeds the calculation prescribed by law.

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When calculating alimony support in a specific monetary calculation, the court tries to maintain the children’s usual level of living (Article 83 of the Family Code).

The court may also allow a reduction in child support in a second marriage, taking into account the family and financial state of affairs of the payer, as well as taking into account the fact whether he has other dependent persons. In such a situation, the rights of all participants, not just minors, are taken into account.

The maximum possible deduction from earnings reaches 70% for the maintenance of all his dependents, in accordance with the federal law “On Enforcement Proceedings” No. 229-FZ of October 2, 2007.

The minimum amount of alimony payments for an offspring from a second marriage will depend on the total number of all dependents.

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You can also use an online calculator to calculate the amount of alimony.

Article 81 of the Family Code provides for a bank or postal transfer to the account of the alimony recipient on a monthly basis. If the payer works under an employment contract, then transfers for alimony in case of remarriage are made by the employer's accounting department to the account of the alimony recipient after paying taxes from the accrued salary.

In the case of child support in a specific amount, Article 83 of the Family Code also prescribes monthly transfers. For individual entrepreneurs and citizens with irregular income, the court sets a specific deadline each month for transfers of funds.

When paying maintenance by consent, ex-spouses can themselves set the date of the month when payments will be made for alimony for the second child in the second marriage. But due to the fact that deterioration of the conditions for financial support for children is not acceptable, transfers must be made at least once a month.

Failure to comply with the alimony payment regime entails a penalty of 0.5% of the overdue amount for each day of delay, in accordance with Article 115 of the RF IC, and these fines do not exempt you from paying debts. The fact that the defendant is unemployed also does not exempt him from paying alimony. The amount of alimony for a non-working person is determined by current legislation.

Read more about how to reduce the amount of alimony

Voluntary agreement to pay child support for a second child in a second marriage is the best way to formalize a civil legal process for paying children’s money. A child support agreement contains the parent's desire to help their children financially.

Article 99 of the Family Code states that consent is signed between the parent obligated for child support and the child’s guardian (as a rule, this is the payer’s ex-wife, in our case, the second wife).

Consent, drawn up in writing and certified by a notary, has the same legal force as a writ of execution. It should stipulate important aspects of alimony payments:

• alimony payer and alimony recipient;
• amount of payments, terms, method and regularity of transfers;
• fines and indexation if necessary;
• signatures of participants;
• date and place of certification.

• Amendments to the consent are possible only by the mutual will of the participants (Article 101 of the RF IC).
• If it is necessary to protect the rights of the child, in case of disagreement regarding the provisions of the document and to declare it illegal, it is necessary to go to court (Article 102 of the Family Code).
• Read a detailed article on how to leave a child with the father upon divorce.

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How is alimony collected? The law recommends that child support issues be resolved through the court only when the parties cannot reach an agreement on child support issues

The child's guardian, former or current second spouse has the right to write an application to the court to receive alimony for children from different marriages at any time if they believe that the property rights of the children have been severely damaged. The mother has the right to do this while still married and no longer.

When the father of the offspring is assigned alimony obligations, he is obliged to pay them from the date of filing the claim in court. It is possible to collect debts on transfers against collateral for an earlier period, but not earlier than three years.

Money transfers for alimony for children from different marriages by court decision are, as a rule, made by the accounting department of the employer of the alimony obligee or by himself, if he works for himself. Management at the place of work must notify the bailiff in the event of dismissal of an employee from whom alimony money is withheld within three days (Article 111 of the Family Code).

The provisions of the legislation are written in such a way as to take into account the rights of all participants in civil legal relations. If there are strong changes in the financial plan of the payer, the court may consider the possibility of reducing child support in a second marriage and, in general, child support for all children of the debtor, even to the detriment of their interests.

The amount of payments can be adjusted for the following reasons: the appearance of children or dependents of the alimony payer, serious illness of himself or one of his family members, a significant deterioration in financial condition (Article 119 of the Family Code).

If the debtor has another son/daughter (in a new union or without, but with paternity registered in the birth certificate), then the amount of child support can be changed. It must be remembered that the defendant always has the right to challenge paternity.

Paragraph 2 of Article 81 of the Family Code clearly stipulates that the official amount of alimony subsidies can only be changed by a judge’s decision, but not independently. If the amount of payments is specified in the agreement, a reduction in child support for birth in a second marriage is possible by bilateral agreement of the participants. The amendments are included in the new conciliation agreement.

Recalculation of the amount of accruals does not occur automatically upon the birth of another child. To reduce the amount of transfers for offspring from first marriages, the mother of a newborn, not necessarily being married, must also apply for alimony.

But only with supporting documents about a significant change in financial or family status, aspects of health or other important aspects of life (clause 2 of Article 81 of the Family Code), the alimony obligee will prove that he is no longer able to fulfill his obligations to the same extent.

Let's look at an example:

The father has a son and daughter from the first and second unions. If he was a debtor under a court decision, most likely, payments for each were 1/6 of his confirmed earnings, that is, in the amount of 1/3 of the income of the alimony for two.

Then he has another child. If the mother of a newborn also applies for alimony, then, according to the law, the accrual for all offspring will reach 50% of earnings. That is, 1/6 of the father’s income will again be transferred to each person.

Nothing changes for children, but more money will be officially withheld from the payer. At the same time, he can file a lawsuit to change the amount of payments on his own. But most likely, the court will leave the benefits paid in the same accordance.

• Children of a second marriage have the same rights to maintenance as all other descendants of their parents;
• It is better to agree on financial support with the child’s father and then enter into a notarized consent in writing;
• If it is impossible to reach a mutual agreement, you should go to court;
• The amount of payments specified in the agreement may be equal to or higher than prescribed by law, but not lower. If the consent agreement infringes on the rights of children from previous unions, then it can be annulled by the court. Child support for education after 18 years of age is established by a separate agreement;
• The amount of alimony for children from different marriages is calculated based on the total number of dependents a man has. According to the law, one offspring is entitled to 25% of the father’s confirmed earnings, two – 33.33%, three or more – 50%.