Maintenance for 4 children: size and amount, penalty — how much per cent is maintenance for 4 children from earnings

Family law > Maintenances > How much and how are alimony paid for four children?

Thus, the law provides for a proportional increase in the penalties imposed on the father, depending on the number of children.

We're gonna help you figure out how much percent of the child support is paid to the mother for four children in Russia, how is this amount calculated, and in which cases can the amount be increased or reduced?

Amount of maintenance: amount, amount of penalty if the children are from different mothers

The number of marriages does not in any way affect the percentage of maintenance payments, since monetary assistance is calculated not from the number of marriages concluded but from the number of children.

Therefore, by law, a former husband must pay 50 percent of his earnings if all four children are his blood sons and daughters.How, then, do maintenance be divided into four children from different marriages?

This amount of 50 per cent of the maintenance worker ' s earnings is divided equally into all four children, which means that each child must receive 1/8 of the father ' s earnings.

The amount of child support for four children from different mothers is calculated in the same way as when the children have one mother; the difference is that the money will be transferred to more than one account.

How much child support is paid for four children if they are from different men?

How much child support per percentage of four children from different marriages is payable to one mother?

Which father should pay what?In this case, each father pays alimony in percentage terms based on the number of his or her blood children.For example, if a father has two children from an ex-wife, he must pay 33%.

If he has one child, then by law he pays 25 per cent; but if he has three children and his fourth is not his, then he must pay 50 per cent of his salary or his income.

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Minimum maintenance rate per 4 children

Under article 81, paragraph 1, of the Family Code, maintenance of 50 per cent of his earnings is collected from a father with four children.

Of course, this does not apply to men who pay alimony as agreed by the parties.

In this case, they may set a higher amount of maintenance, but not less.

How do you get maintenance up to 50%?

In practice, this may be the case: the former spouse first applies to the court for maintenance.In doing so, she must prove her need for the money.

Once she has approved her application and ruled in her favour, she can also provide alimony to her children, demanding 50 per cent of her ex-wife ' s income.

It turns out that a man will not pay 50% of his salary, but more, but not more than 70%.

How to calculate maintenance for 4 children: an example

If a man ' s salary is 50,000 p. a month, then 50 per cent of that amount would be 25,000 p.p. and this amount would have to be broken down into four children, which means that every child is entitled to 6,250 p.p. monthly.

Change in maintenance from interest to firm amount

Sometimes, at the request of the recipient (former wife), the court may order a man to pay alimony in cash.

This is permissible if:

1. The maintenance payer is doing business, in which case the income from the business is unstable, and it's better to protect the children if the father pays them a fixed amount.
2. A maintenance worker works in seasonal jobs, he's got an unstable income.
3. The payer earns income in kind or in currency.

In such cases, the court may grant the plaintiff ' s application and order the payer to pay maintenance for the four children in a firm amount on the basis of the subsistence level (the amount of the payment should not be lower).

It is worth noting, however, that if the mother is employed, the father must pay half of the sum.

In order to receive child support, a couple need not be legally divorced; a spouse has sufficient evidence to prove that the father of the children does not care for them, does not assist in their upbringing, does not participate in their maintenance.

Support to wife: increase of maintenance by 4 children

The former spouse has the right to apply for maintenance and maintenance if she:

• She is in an interesting situation. A woman is expecting a child from her ex-husband;
• Cares for a child (or children) under the age of 3;
• Cares for a disabled child up to the age of 18;
• Raises and cares for a disabled child assigned to one disability group, in which case the child ' s father must pay her maintenance on a permanent basis;

The amount of maintenance for the wife shall be determined by agreement of the parties; if the former spouses have not reached agreement on the matter, then the amount and the manner of the contribution shall be determined by the judge.

In doing so, it takes into account the material and family situation of the spouses and other circumstances.

If maintenance is ordered by a court order, a firm amount shall be provided.

It must cover the basic needs of the wife; its size may vary from several hundred to several thousand roubles; Russian legislation does not establish a maximum or minimum amount of maintenance for the wife.

Reduction of maintenance by 4 children

By a court decision, the penalty of 50 per cent of the salary or income of the father who has left may be reduced if:

1. The payer became disabled in groups 1 or 2 and also needs help.
2. The child or children who have received alimony have reached the age of 16 and are officially employed.
3. The child or children who have been paid alimony from the father ' s salary have their own property, which gives them a stable income (e.g. income from renting an apartment).
4. The alimony payer has other dependent relatives, such as disabled parents or children from another spouse who would have received less income under the law than the children on whom monthly alimony is recovered.

The high income of the mother raising the children, the ownership by one or more children of property that does not generate income, and the pension of the child or children cannot be considered a legitimate reason for reducing the maintenance for four children.

The amount of maintenance for four children under article 81 of the Family Code is 50 per cent of the income of a parent who has left the family (more often than the father, but there are cases in which the mother also leaves the children).This amount is relevant in cases where money is recovered through the courts.

If, on the other hand, the parents of the common children decide by mutual agreement on the amount of the payments to be paid each month by the father (or in cash, by transferring the funds to the post office), the amount of the payments may exceed the 50 per cent mark.

There are also exceptions when a man pays less than half of his salary, but this is permissible only after the court has heard the case and the judge ' s decision has been handed down.

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Support for 4 children as much as 1 per cent

Young Couple Having An Argument In Front Of Male Judge At Desk

It is not always the case that children are united in a family; divorces are also common among parents with many children; one of the main tasks of family law is to protect the interests of minors; the material situation that they had before the divorce of their parents changes significantly after the family is incomplete; and according to the Family Code of the Russian Federation, one of the parents who lives separately is obliged to pay child support until they reach the age of majority.

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A parent who continues to live with his or her children has the right to decide whether or not to sue for maintenance payments from another parent living separately.

In filing an application with the court, the plaintiff (in this case, we shall speak of the mother) prepares documents confirming the relationship between the children and the father, such as birth certificates, where the defendant is listed as the father; even if the parents were not married, the fact of paternity was established at the time of the registration of the children, alimony is sought by law.

If the parents were living in a common-law relationship and the children were registered as having been born to a single mother, the father could be required to pay maintenance only by judicial determination of paternity; in addition to his voluntary recognition of his children, the fact of paternity could be established by means of a medical and genetic examination; the conclusions of the experts were of paramount importance for the decision of the court.

How the amount of child support is determined

Article 81 of the Criminal Code defines the minimum amount of maintenance:

• For one child, 1/4 of the father's total income;
• A third of the salary and other income is to be paid out for two children;
• For three minors, maintenance may amount to half of the income.

It should be noted that this is the maximum amount of interest that can be deducted from a citizen ' s salary for maintenance payments.

But parents may have four or more children, and such families are also not insured against divorce, and the law determines the amount of maintenance for four children within the same 50 per cent.

When an older child reaches the age of majority, maintenance will cease, but the percentage of contributions from the father ' s salary will not change and will remain at half the income level.

Only now this amount will be divided into three children, not four.

It is not uncommon for a father to have four children in different families, and it is possible that their mothers may sue and collect alimony for all babies, in which case half of the father ' s income will be equally divided into four parts, i.e. 12.5% for each minor.

If, for reasons of health, a child requires hospitalization, special care or rehabilitation in a health-care institution, the mother may request, through the court, additional material assistance from the father, with maintenance paid to four children in the same amount.

In order to obtain additional funds for the maintenance of the child ' s health, strong evidence must be presented to the court, such as medical documents containing diagnosis and recommended treatment certified by the head of the facility, cheques for the drugs purchased, sanatorium and resort cards, and bills for the care of nurses.

In order to reach an objective decision, the court will need information on the wages and other income of the plaintiff and the defendant, as well as their marital status.

Consider the situation of the divorce of parents who have three children in common, and the mother is pregnant again, and she applies to the court for maintenance for three children, which may last from three to six months.

After the birth of the fourth child, the procedure would have to be repeated to count maintenance for four children; in order not to repeat the unpleasant procedure, the mother could immediately request the court to recover all the children.

However, the percentage of contributions from the father ' s salary will not change and will be equal to half of the income and the amount of maintenance per child will be 12.5 per cent.

The court, taking into account the circumstances of the case (the pregnant woman is most likely not working, is in urgent need of money and is concerned with the care of the children), can grant her claim, and the decision to recover maintenance from the defendant for the three children will be qualified.

After the birth of the fourth child, the money will be shared between all four children in the same size, which means that the father of the child who is to be born is legally recognized by the defendant.

An important factor for the legality of the matter is the child's time of birth, which must not exceed 300 days from the date of the parents' divorce or the court's finding of separation.

If the man disagrees with the court decision and continues to deny paternity without wishing to make additional maintenance payments, he may insist on a forensic examination, but after the child is born.

How much alimony is held from an unemployed father

The maintenance of half the wages and the payment of money to children may be entrusted to the accounting office at the defendant ' s place of work; even if the children who are paid reside in different families, the transfer procedure is not particularly difficult.

If the father, who is obliged to pay child support, does not work or works seasonally, the children may be left without a livelihood.

For each child, this amount is determined by the minimum age-specific budget for the region in which the children live; if no such criteria are established in the region, then the national child-support standard is used as the basis.

Liability for non-payment of maintenance

If maintenance is not received for a period of six months, the defendant is considered to be maliciously avoiding maintenance obligations; the mother or persons who are responsible for raising children (guardians, caregivers) may report the violation to the law enforcement authorities.

Under article 69 of the Criminal Code, the defendant may be deprived of his or her parental rights; article 157 of the Criminal Code provides for other forms of punishment for failure to pay maintenance, including deprivation of liberty.

If the defendant ' s whereabouts were unknown, he would be wanted and the State ' s guardianship and guardianship authorities would have to decide whether or not to provide for minors.

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Amount of maintenance for four and five children

Maintenances are payments in favour of minor children made by one parent in the form of payments to the other. The amount to be paid is determined by agreement of the parties or by the courts. Maintenances for 4 children born in different marriages are paid on the basis of 12.5 per cent of the payer's profit per child.

Maintenance may be enforced with the participation of bailiffs; if the payer is employed, he or she must pay a percentage of his or her earnings, the amount of the contribution is fixed for the unemployed; a person who evades his or her obligation to provide for the children may, in the absence of serious reasons, incur criminal, administrative and civil penalties.

Maintenance for 4 children (5 children)

The amount of the compulsory contribution in favour of four or five dependants shall be determined on the basis of the provisions of the UK.

According to article 81, alimony for four children, like five, represents at least half of the payer ' s earnings.

The main purpose of these payments is to cover all costs and ensure the necessary standard of living for minors.

• The level of wealth of the payer and the payee;
• The age and physical condition of each child;
• The stability of the defendant ' s salary;
• Other circumstances revealed during the trial.

Either party is not deprived of the right to apply to the court for an increase or reduction of maintenance payments, but in order to achieve its objective they will have to provide a valid justification, and maintenance is maintained until the four (five) children in question have reached the age of 18, with the exception of adults with disabilities.

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The most common type of payment is the payment by the parent of a percentage of his/her total income received in the form of wages, business earnings, pensions, etc. Under certain conditions prescribed in the contract, alimony is paid in the form of a fixed amount or not in monetary equivalent, but in the form of payment for products, utilities, etc.

Support for 4 or 5 children from different marriages

How much per cent of each child will be child support for 4 or 5 children in different families? The dependency payments for minors born in different marriages are made on the basis of parity, i.e., given the minimum total percentage of the payer ' s income, each of the specified number of dependants is subject to 12.5 (10) per cent.

If the court or the parties to the contract have determined that a higher amount is required, it will also be divided into equal shares corresponding to the number of recipients.

There are known cases in which the children of a single payer receive maintenance funds in different equivalents, in which case, according to article 119 of the UK, the recipient has the right to demand an equal payment between all the children in court.

How child support is recovered for 4 and 5 children

The transfer of money for the maintenance of minors is made with the participation of bailiffs or bailiffs, and if the court has established the defendant ' s obligation to pay alimony for 4 or 5 children, the decision shall be executed by the Federal Service of Conservators, and the latter shall commence the proceedings with an executive record.

It is possible to recover maintenance from the defendant through the court in the last three years, which preceded the suit, and the plaintiff needs to be provided with evidence of his attempts to obtain money from the payer, which has not been successful.

• The right of the recipient of maintenance is to apply to the court for the recovery of funds at any time.
• In the event that the debtor fails to perform its duties towards the dependants, he avoids communicating with the staff of the SPF, maintenance will be recovered for the duration of the evasion.
• The statement of claim shall include the following information:

• Data of the court where the claim will be heard;
• The complainant ' s data;
• The respondent ' s data;
• List of documents attached to the case file.

Having considered all the circumstances of the case, the court makes a decision which is subject to appeal within 10 days of the adoption of the decision.

After a final court order, the employees of the SVF begin to search for the debtor and collect information on his earnings, and to this end they submit requests to the tax inspectorate and other public authorities (the police, the UFMS, etc.) that may provide information on the non-payer.

1. Maintenance is withheld from the official debtor ' s salary.
2. Recovery may also be effected from the parent ' s property, then it is sold at auction and the amount required is transferred to the claimant.

In the case of a controversial verdict, the court shall determine the provisional amount of the maintenance until the final decision, after which the funds may not be returned; and if the amount of the award is higher than the provisional payment, the difference between them shall be paid to the recipient.

If the claimant has not received any funds since the commencement of the recovery, it may take the following measures:

• To request the SPF to provide information on the activities of the service in this regard;
• To file a complaint concerning the omission of bailiffs;
• To obtain a certificate from the staff of the SPF indicating the amount of the debtor ' s debt in order to attach it to the next claim for the debtor ' s failure to comply with the judgement;
• :: To demand that the maintenanceer be held criminally liable.

Responsibility for evasion of maintenance

If a parent who is required to provide material support for his or her children avoids the provision of financial assistance to them, he or she may be held liable for non-compliance with the law; administrative, civil and criminal liability is established by law.

If the payments determined by the court are overdue by the payer because of his fault, he is liable to civil liability under article 115 of the SCK.

In addition to the amount of maintenance, the debtor would then have to pay the penalty of 0.5 per cent of the monthly payment for each day of arrears.

But if it is established that the debt is the result of the activities of others, there is no such liability.

The recipient of the maintenance may apply to the other party for expenses that have not been covered by the penalty.

Administrative liability for refusal to pay alimony consists in the imposition of a fine, in accordance with article 17 of the Code of Criminal Procedure, between 1,000 and 2,500 roubles.

Criminal punishment may be imposed on the debtor if he or she maltreats his or her obligations towards children, including those unable to work at the age of 18 (art. 157 of the Criminal Code).

Evil evasion is a regular gross failure to comply with the law, in particular:

• Concealment of income;
• Frequent movement from one place of residence to another;
• Deliberate absence of employment;
• Large-scale maintenance debt;
• Non-payment of funds for children for a long time;
• Failure to perform duties after several reports of possible criminal liability.

In addition, the court may, at the request of the recipient of maintenance or social organizations, deprive the other party of parental rights and prohibit the person from holding public office for any time.

The opening of criminal proceedings initiates the SPF for sufficient reasons.

The action begins with the filing of an application with the court and the court prepares the executive documents submitted to the SVF, and the opening of criminal proceedings is set at 10 days.

The beneficiary has the right to challenge the actions of bailiffs if he or she considers the measures taken to be fruitless.

Let's take stock.

Thus, the amount of child support paid for four or five children is specified in the Family Code, which amounts to between 50 and 70 per cent of the parent ' s income, and a different amount may be determined by judicial verdict or by the parents ' maintenance agreement.

The main factor that is taken into account in determining the amount of the payment is the child ' s living conditions.

The transfer of funds to provide for 4 or 5 children from different marriages must be in the amount of 12.5 per cent or 10 per cent of the payer ' s earnings, respectively, per child. The SPF is entitled to recover alimony, on the basis of a court decision or the personal treatment of parents with whom four or five children live, and funds from different income categories, be they pensions, salaries, allowances or, in some cases, property, are retained.

If the payer evades his obligations, he may be punished in accordance with the administrative, civil and criminal codes.

Maintenance for 4 children: size and amount, penalty — how much per cent is maintenance for 4 children from earnings

Main / Maintenance / Maintenances for Four Children

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The allocation and recovery of maintenance for 4 children is provided for in chapter 13 of the Family Code; however, payments for three or more children are often controversial.

The most difficult situations are those in which child support for 4 children is combined with child support for the mother, which is more than half the payer's salary.

On the one hand, this is reasonable because it is about providing for a large family; on the other hand, it is a material disadvantage for the payer, because he has to provide for his own needs and, in some cases, for the needs of the new family.

Provision for maintenance for 4 children

If the father, who remains the legal husband of the mother of the children, does not take part in the maintenance of the family, the same applies to the mother of the children: if she does not take part in the maintenance of the family, the father has the right to apply for maintenance.

Amount of maintenance per 4 children

Not more than 50%

The maximum amount set by article 81 of the Russian Federation is half of the payer's earnings. Labour legislation also imposes restrictions on retention of earnings, not more than 50 per cent, which guarantees the employee's right to dispose of the money earned.

70 percent, if.

However, the restrictions provided for in the Labour Code do not apply to alimony, and in some cases the amount of maintenance may indeed exceed 50 per cent; in the case of maintenance of a wife and children, it may be as high as 70 per cent.

How is this feasible in practice?

A mother raising a child under the age of 3 first recovers alimony by demanding in court the maximum amount that she can justify (see the article "Alements from her husband to her wife" for more details). After receiving maintenance, the mother can recover alimony from the children, demanding the legal half of the father's income.

In determining the amount of maintenance, the material situation of each parent must be taken into account.

The amount is determined not only from the official salary or pension, but also from other sources of income available to the payer.

These sources of income may indicate the plaintiff (at the stage of the judicial review of the claim for maintenance) or find the bailiff (at the stage of enforcement of maintenance ordered by the court).

If the payer does not have a permanent income, the mother of the children may claim maintenance in a firm amount of money, in which case the amount of the payment will be determined on the basis of the minimum wage or subsistence level in the region of residence.

If the kids are from different marriages...

The amount of maintenance depends not on the number of marriages but on the number of children.

According to the law, three or more children receive 50 per cent of the father ' s income; this amount is divided equally among the children; as a result, every child, regardless of the marriage in which he or she was born, receives 1/8 per cent of the income.

It's hard to say, is it fair that a single child gets 1/4 share, two children gets 1/3 share and four gets only 1/8 share each? And what's it like for mothers with one or two children who used to get their legal 1/2 or 1/3 and then have to settle for 1/8 because the father is very fertile?

Obviously, that's how the lawmaker gets to protect his father's rights, even if he's got four ex-wives and four kids from different marriages, 50% on all of them, don't give all his money to the kids!

How do you get maintenance for four kids?

There are several options: the simplest – oral – is only possible if the father accepts his obligations and agrees to fulfil them in good faith.

In order to ensure written confirmation of oral agreements, parents should conclude a maintenance agreement, which would provide for conditions such as procedure, time limits, amounts of alimony payments and other conditions. A maintenance agreement could be enforced if its terms were not fulfilled.

Parents are not always able to negotiate payments peacefully, and the court will come to the aid, and the following documents must be collected through the court for the processing of maintenance:

• passport
• Birth certificates for 4 children;
• If the marriage is concluded, the marriage certificate, if the marriage is dissolved, the divorce certificate;
• an extract from the home book.

Orders

If paternity is established and the father ' s place of residence and work is known, you can apply for maintenance in the court of justice, applying for a court order, attaching the above-mentioned package of documents.

The justice of the peace court will not even invite the defendant to the court hearing; on the basis of the documents filed by the plaintiff, the court order will be issued; the defendant will only receive a notice of payment of the maintenance and a copy of the court order; the plaintiff, with his copy of the court order, may, at any time, go to the bailiffs for enforcement.

The claim will have to be brought before the Magistrate ' s Court if:

• The plaintiff intends to recover payments not only for the children, but also for himself;
• If maintenance is required to be recovered in a firm amount of money;
• If the defendant avoids payment.

The above list of documents should be supplemented by the calculation and justification of the amount of maintenance with the necessary evidence.

Judicial procedure

The proceedings involve the presence of both parties and are of an adversarial nature.

The plaintiff will have to prove the legality and fairness of his claims, especially with regard to the amount of maintenance for the four children and for himself or herself.

If the trial was concluded with a judgement in favour of the plaintiff, he would be given an executive record, which could also be consulted by bailiffs.

Procedure for the payment of maintenance

The father may transfer the money:

• In a bank account;
• Transmit it to the post office;
• Give it directly to the mother.

This is most often the case when a maintenance agreement is concluded between the parents and the father fulfils his obligations faithfully and responsibly.

But if the payer avoids the payment, the money is forcibly withheld from his earnings. In order to do so, it is necessary to submit to the bailiffs ' office the executive documents issued by the court (a court order or an executive notice) and the bailiff ' s office will monitor the collection and retention of alimony payments.

Maintenances for 4 children: How to obtain, how much per cent, a model agreement

Many families today are not uncommon; unfortunately, a large number of children in the family are not panaceas from divorces, and such marriage unions are also falling apart. Questions about the maintenance of children can also arise during the marriage of parents.

Features of child support for four children

The procedure for the recovery of maintenance for four children, as for one, three or two children, is governed by the Family Code, which contains a whole chapter 13 on the allocation of child support.

In principle, it is of little importance that payments are made for the maintenance of how many children — the general procedure for recovery is identical.

The conditions for the payment of child support payments are as follows:

Conditions	Note
Children under 18 years of age	A child over that age may be recovered if he or she is ill and unable to earn his or her own maintenance, i.e. unable to work.
The defendant is the parent of the child: mother or father	Two documents that may indicate a blood relationship with the baby: The document of his birth, with the parents ' graphs filled in; The decision on recognition of paternity (the judicial process is initiated when the birth certificate under "Father" indicates a drawing or information from the words of the child's mother).
Refusal of one parent to help his children financially	This condition applies only to judicial resolution of the problem, and there is nothing to prevent the parents from agreeing jointly on the financial maintenance of the children without visiting the court.

These conditions are common in all situations of payment for children, and it should be noted that the condition for the recovery of maintenance may never be that the parents must remain in the marriage, and that the mother and the father may decide on the question of maintenance after divorce, and that maintenance is also required for children born out of wedlock, provided that paternity is established.

From one marriage

It doesn't matter if a single marriage gives birth to four children, or if they are born of different marriages from the same father, they all need the same material support and care of their parents, but there are some nuances to the recovery of payments, depending on the number of marriages, and we'll deal with each case separately.

If all children were born of the same marriage, their mother ' s economic interests were theirs; she could initiate the issue of payment during the marriage with the father of the children, as well as after the official divorce.

She can give alimony to all the kids, which is the most common thing, or she can do it at different times.

As soon as the husband ceases to comply with the terms of the agreement, the wife has the right to apply to the court for maintenance of two other children.

From different marriages

Support for four children born from different marriages is no longer collected by a single mother but by a few. If the children are born from two mothers, then two. If the child is born from three, then three.

For example, the mother of the child of the first marriage or the first wife decided not to file any alimony at all, and the second wife, from whom the next three children were born, will file a suit for alimony in court, after which the first wife will decide to do the same.

In any event, if no exceptional circumstances exist, all children, regardless of their first marriage or subsequent marriage, will be paid in equal amounts for each child.

Note that the mother of the children of the defendant of other marriages is always invited to participate by the judge when establishing child support; they are referred to as third parties; since their interests are involved in the proceedings, their participation is compulsory.

Maintenance cases involving children from different marriages are dealt with exclusively in court proceedings.

Amount of maintenance per four children

Article 81 of the Family Code provides information on how much maintenance must be paid for four children — exactly half of all the parents' monthly earnings — in other words, the percentage of maintenance per four children, as in three, five and six, is 50.

If, in addition to supporting four children, their mother sued her husband for maintenance, the amount of the payment could be much higher than 50 per cent of the total income.

A wife may do so provided that she is either pregnant or one of the children is under three years of age, and she is responsible for his upbringing.

In addition, article 99 of the FA of 2007 stipulates that if maintenance is paid to children, the percentage of the payer ' s earnings may not exceed 70 per cent.

This exception has been established by the legislature with regard to the maintenance of minor children.

So how many percent are alimony for four children?Generally speaking, 50 percent, and in some cases 70 percent, of the parent's monthly earnings.

Procedure for the payment of child support for four children

The amount of maintenance paid by the father or mother to support the four children depends on the manner in which payments are made. There are two options for establishing maintenance obligations:

• By concluding a special agreement with the father of the children;
• By resorting to a court of law.

The documents produced by the two means are of equal legal effect, and we will discuss each option.

Formation of the agreement

The quickest way to assign alimony is to enter into a voluntary agreement with the father of the children, to which end a consensus must be reached on the following issues:

• On the mode of payment;
• The amount of assistance provided;
• Time frame for payment;
• Set a date for the termination of maintenance obligations.

In the form of an agreement, parents decide on their own how much maintenance is payable to four children, which means that both the percentage of the father ' s monthly earnings and the specific amount of money for each child may be awarded; in any event, the total amount of the payment for the four children should not be less than half of the father ' s earnings.

Methods of payment of maintenance:

• on a map or account;
• :: Postal cash transfers;
• Personally in the hands of the mother of the children.

After all these questions with the father of the children have been spoken to, you can bravely go to the notary, and without a notary, the agreement will not be valid — an important nuance.

The notary needs to be presented:

• Their passports;
• Birth certificates for all four children (if any of them have reached the age of 14, a passport is submitted respectively);
• a certificate on the salary of the paying parent.

A model of the four-child maintenance agreement can be downloaded here.

After the notary has assured the agreement, each parent is given a copy of the document. From the time the agreement is signed, if it does not specify another date, the obligations entered into by the payer shall be effective; it shall be recalled that, in the event of failure by the father to comply with the agreement, the mother of the children shall be entitled at any time to seek assistance from the bailiffs or the court.

Through the court

The second way to recover payments is to apply to the court; this option is implemented when it is not possible to negotiate with the second parent peacefully.

• As a general rule, it is necessary to apply to the court at the place of residence of the respondent parent, but since this is a matter of maintenance, article 29 of the Civil Procedure Code also allows the applicant ' s mother ' s place of residence; in other words, the law allows the plaintiff to choose the court on the basis of convenience: either within the scope of his or her propiska or the registration of the defendant;
• State duty is not required to be paid;
• The duration of the proceedings depends on the manner in which the plaintiff applies, whether in a lawsuit or in an order, and the order is given within five days of the date of the application, and the decision is within 30 days of the same date.
• Only parents can apply for payment, and in the extreme, the guardianship and guardianship authorities.

We should understand the significant difference in how to go to court, either in an order or in a lawsuit. Try to explain the difference. A simple statement is sent for the purpose of the court's order. This can be done when:

• Maintenance is required as a percentage rather than as a monthly cash amount;
• There are no other claims for payment, such as paternity;
• A third party, the mother of the defendant ' s children of other marriages, may not be involved in the case.

If the case is complicated by any of the circumstances listed, the claim must no longer be filed.

How much per cent of the defendant's parent's income will be alimony for four children – the court decides on its own by analysing all the papers and evidence submitted by the parties.

The well-being of each parent, their marital status and the standard level of satisfaction for each child are examined.

In the award of maintenance for four children from different marriages, consideration shall be given to whether the money is paid by the defendant to other children.

A simple rule must be borne in mind: if, in addition to alimony, a request is made for the deprivation of parental rights or, on the contrary, for the establishment of paternity, it is necessary to go to the district court; in all other cases, the documents are sent to the justice of the peace; it is only important to determine whether to file a complaint or to file a simple application.

How do I file a lawsuit?

It is possible to use as a model the form published on the court ' s official website and to consult the instruction manual on how to file a lawsuit before the court, and it is recommended that, in the absence of legal writing skills, it is better not to take any risks and to contact a professional.

Which is bound to be in the suit:

• Number and name of the precinct;
• Information on the plaintiff and the defendant, as well as on third parties, if any: F.I.O., propiska, telephones;
• In the narrative: F.I.O., birth certificates for all four children, their place of residence, indication that the father refuses to support them voluntarily, in divorce or in marriage;
• In the operative part: the requirement to recover payments for all four children (to list each again), to indicate the amount of maintenance desired;
• List of attached papers;
• The plaintiff ' s signature;
• number.

You can download a sample of the maintenance suit on four kids here.

The payment of four children is subject to the general rules set out in the Family Code: the penalty options: through a notary agreement or through a court; in all cases, the amount of the payment may not be less than half of the monthly earnings of the paying parent; and in some situations, the retention rate may be as high as 70 per cent.

A claim for payment for the maintenance of four children born in the same marriage is filed by the same mother and a claim for maintenance for the children from different marriages is filed by different mothers, respectively; payments for the maintenance of each child may be made at the same time or in different ways, depending on family circumstances and material circumstances.

Questions remain on the subject Ask a lawyer

Support for four children

Maintenances for 4 children are appointed and recovered in accordance with Chapter 13 of the Family Code of the Russian Federation.

However, because of the language used by the legislator in determining maintenance by more than three children, there are a number of nuances, depending on which amounts are recovered from the unfriendly parent,can be very different..

There are many situations in which alimony for four children can be arranged with maintenance for the mother of the parent, which allows, if the right approach is taken, to recover from the second parent more than half of his earnings.

In such situations, the interests of the children and mothers on whom they are raised are generally taken into account.conflictwith the interests of the second parent.

On the one hand, the need for participation in the maintenance of children is prescribed at the legislative level, and on the other hand, there is a need to support itself or a new family, and to do so in circumstances where less than half of the income remains problematic.

Therefore, court disputes are most common when there are 4 children in the family who are required to pay alimony, since such payments can hit any pocket well.

Conditions for the award of child support for four children

In the award of alimony payments for four children, first and foremost,The financial situation and sources of income of both parents are taken into accountHowever, in order to make maintenance payments, it is not necessary to make a divorce, but the basic condition for the payment of such payments is the absence of one spouse from the maintenance of the children.

Thus, even if the marriage is not dissolved, four children are raised in the family and one of the parents lives separately and does not participate in their maintenance, the second parent has the right to make child support arrangements.

In addition, in accordance with the requirements of article 89 of the UK, alimony is entitled to demand:

• A spouse in need of work incapacity;
• A pregnant wife as well as a spouse within three years of the birth of a common child.

If the marriage is dissolvedthe additional alimony may require:

• Ex-wife during pregnancy and during the care of a common child under 3 years of age;
• A former low-income spouse caring for a common disabled child.

At the same time, a woman caring for a common child under three years of age,Doesn't have to prove she's not working.the very fact that a child is cared for and the age of the child is important, and such situations are common when a child is born in families with two or three children.

Maintenance payments for 4 children

Maximum maintenance for 4 children held under article 81 of the Family Code of the Russian Federation -Half of the parent ' s earningsOn this basis, the maximum that babies can claim is 50% of their father ' s income.

This means that the amount of maintenance will be determined not only on the basis of the official salary, but also on the basis of all the other income of the parent who will be able to locate the bailiff service; in addition, if the mother of the children is aware of the different sources of income of the second parent, she may list them in her claim.

After analysing the information provided, the court may specify whether all sources of income are specific or limit themselves to a summary phrase.

• Answer a few simple questions and receive a collection of site materials on your own occasion.

The maximum amount of 50 per cent of wages withheld is also provided for in article 139 of the Labour Code, which is one of the guarantees for the employee to freely dispose of honest money.

In fact, the amount of maintenance allowance for the former spouse and children may exceed 50 per cent.

In fact, under the Federal Act on Executive Proceedings, the restrictions set out in article 139 of the Code of Criminal Procedure on the maximum amount of compensation from wages of 50 per cent do not apply to child maintenance.must not exceed 70 per cent of earnings.

Thus, a mother raising children under the age of 3 may firstRetrieve alimony for yourself.within the limits of 50 per cent, and it may claim any amount that it can justify in court, and then claim from the second parent the maximum amount of maintenance established by law.for children.

If the father has childrenNo fixed incomeor the source of earnings is not known to the mother of the children, she may request the court to determine the amount of maintenance in a solid monetary amount, in which case the court will decide on the basis of the minimum wage and the subsistence minimum in the particular region.

Procedure for the payment of maintenance

A parent may pay alimony voluntarily by depositing it into a special account established for that purpose in a bank.Maintenance agreementwhich defines their amount and the manner in which they are paid.

At points of dispute where the second parent refuses to pay, the money is written off and deducted from the salary on the basis of the executive notes or court orders enforced by the federal bailiff service.

Formation

For maintenanceThe following documents should be prepared::

• Birth certificates for children;
• The marriage certificate or the dissolution of the marriage;
• A copy of the applicant ' s passport;
• a certificate on the composition of the family from the place of permanent residence of the avoiding parent.

• These documents are required for maintenancethrough a notary or court.
• If a maintenance agreement is concluded between the parents, it is sufficient to contact the notary who will carry out the notary ' s inscription with the agreement and the package of documents mentioned above.
• A claim for maintenance or debt may then be made.to bailiffs.
• If there is no agreement, paternity is established, the defendant ' s residence and place of work are known, as well as alimony are claimed in the amount prescribed by law, it is sufficient to apply to the Magistrate ' s Court for a court order, attaching the same set of documents to it.

Judge,non-invited defendantIt is necessary to verify that the second parent has received a copy of the court order and to go with his copy to the bailiff ' s office for further recovery of maintenance.

If you wish to claim alimony not only for the children, but also for the mother who provides care for them, as well as in cases where payment is to be made in hard monetary terms, or where the second parent creates obstacles to recovery, a claim must be filed with the justice of the peace; in this case, an already known set of documents must be submitted to the justice of the peace.The calculation of maintenance must be addedthe justification for their size and all the necessary materials to defend their position.

This is an adversarial process and both parties to the dispute will be invited to take part in the trial, so be prepared to defend your claims and prove the legality of the claims.

Support for 4 children: How much to pay? The amount is child support for 4 children from different marriages.

Although not often, it is possible to encounter situations in which a parent leaves a family with four children or has four children from different marriages, all of which have been dissolved for one reason or another.

Article 81 of the Family Code contains a general rule stating that for three or more children the sum of half of the income of the surviving parent shall be recovered.

The law does not provide for any increase in maintenance for a fourth child; the increase in maintenance in proportion to the number of children ends with the phrase "three or more", which means that 50 per cent of the total income will be paid to three, for example, five children.

For example, if the father has a regular income of 60,000 roubles, the children may claim 30,000 roubles in proportion to their number; if the parent has two children from one and two children from the other, the beneficiaries of maintenance (usually the mothers of minors) will receive 15,000 roubles each.

This rule is relevant in cases where maintenance is ordered by the courts; of course, a different amount of payments may be made by the former spouses in the agreement.

Amount of maintenance per four children - 50 per cent not limit

The basis for calculating maintenance is not only official earnings, but also other income found by bailiffs as part of the recovery of maintenance, or listed in the mother ' s application to the court and confirmed by the facts during the trial.

IMPORTANT: For a couple to receive alimony, it is sufficient to prove that the other spouse does not take due care of the children, as shown by his reluctance to participate in their maintenance.

Although the law limits the ability to recover half of the father ' s income, in practice there are mechanisms to enable mothers with four children to obtain even more money from men.

Article 89 of the Family Code lists possible additions to the amount of maintenance paid to the mother herself who cares for abandoned children:

• If the spouse is in need of constant care and unable to work;
• She is pregnant or cares for a child who has not reached the age of 3;
• A poor ex-wife cares for a disabled child.

• Thus, in these situations, the spouse may first apply the mechanism for the recovery of maintenance for himself and then obtain the maximum amount of maintenance for four children through the court.
• A wife's alimony is always paid in a solid amount in a decree.
• Here you can talk about a clash between the different interests of the different members of the family – on the one hand, it is advantageous for the mother to maximize the involvement of the parent in providing the children with everything necessary, and on the other hand, the father must be able to support himself or the new family at an adequate level.

It is also likely that the father of four children has no formal income or that his income is irregular, for example seasonal or in kind, in foreign currency, all of which are mentioned in article 83 of the Code as grounds for the application of a different method of maintenance.

Here, the court will resort to a mechanism such as the establishment of a firm amount of maintenance payments, which is based on the individual circumstances of the case and a multiple measure such as the subsistence minimum.

When there is a minimum subsistence level in a given region, it is applied, but in the reverse, the same federal figure for the country as a whole becomes the baseline.

Accordingly, with a salary of 60,000 rubles, as in our first example, alimony can be determined both by 30,000 rubles and by a different amount, less or more than that figure.

If necessary, additional advice, and if you need qualified legal assistance on the recovery of maintenance, please contact ICPI's "Plan of the Law." Through the comprehensive legal services programme "Alements? - Elementary!", we will help recover alimony in any situation with maximum result. Call now +7 (495) 722-99-33.