Amount of child support for 5 children

The obligation of parents to support minor children is prescribed by law. If one of the parents evades it, the law allows for forced alimony payment.

The amount of child support is either fixed or a certain percentage of the salary or profit received by the parent. Today it varies in the following range:

• if there is one child, the parent pays 25 percent of his income for his maintenance;
• two children are entitled to 33% of the alimony payer’s income;
• if the number of children is more than three, including if there are 5 children, deductions cannot exceed 50 percent.

Thus, as the number of children increases, the amount of payments per child decreases.

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When calculating alimony, it does not matter whether the children were born in the same marriage or in different ones. If they are all from the same mother, then she will receive the entire amount of alimony for 5 children, that is, half of the former spouse’s salary.

If the children were born in different marriages, then the executive service will distribute the total amount of alimony between the recipients in proportion to the number of children.

How is child support calculated for 5 children if the alimony payer does not work?

If, in a case where the parent who does not live with the children is officially employed and receives a salary, the question of how to arrange alimony for 5 children, how much interest the second parent will receive, has an unambiguous answer, and the alimony recipient himself can make the calculations, based on the amount of the payer’s earnings , then the situation with the unemployed is somewhat more complicated.

The legislation clearly states that alimony, the payment of which is ordered in court, must be accrued until the child reaches adulthood and independence (for example, he gets a job). In this case, it does not matter whether the alimony payer receives income constantly or not.

If the parent who is ordered to pay child support is not officially employed, he must still allocate funds for the maintenance of the children. Otherwise, debts arise and a penalty may be imposed.

There are often cases when alimony payers delay the transfer of funds or are unable to pay for a certain period. In this case, a child support debt arises, which the parent must pay off. It is worth emphasizing that the debt continues to be calculated even if the child has already reached 18 years of age, but the amount of child support has not yet been paid.

When calculating the amount of debt that is withheld from the parent’s salary, it is necessary to take into account that the total amount of payments should not exceed 70% (or 50%, if this is indicated in the documents sent by the executive service).

That is, in the case when we are talking about paying alimony for 5 children and there is arrears, the calculation scheme is as follows: 50 percent of the salary is alimony that is due for the maintenance of children, no more than 20% can be withheld to pay off alimony arrears.

The parent lives on the remaining 30% himself.

If the alimony payer has other obligations besides alimony: unpaid loans, fines, then when calculating deductions from wages, accounting uses the rule: alimony is a first-priority payment, that is, it is counted in any case. Other deductions are made only after alimony and arrears have been transferred.

Ways to receive alimony

Parents of children have two options for alimony registration: payment based on a voluntary agreement or court proceedings on the issue of alimony registration. In difficult situations - with a large number of children, in the case of several marriages - a voluntary solution to the issue of alimony is preferable.

It is also worth emphasizing that alimony can be assigned in three types:

• a fixed amount, which is subject to indexation in the manner prescribed by law;
• in the form of interest payments;
• As alimony, a parent can transfer property belonging to him, for example, real estate, to his children.

It is worth emphasizing that the latter option is only possible with the voluntary agreement of the alimony recipient.

Alimony: possible changes

Please note that today alimony is paid taking into account the subtleties described above. However, the State Duma is considering a project that could change the existing system. In particular, it states that alimony should have a minimum amount.

Legislation: where to look for answers to questions

• Family Code - articles 13-17, 80, 81;
• Federal Law No. 408.

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How to pay child support for 2 children from different marriages - considering options

• Alimony is a painful topic for both women and men.
• And if a separation does not occur for the first time, and there are several children in different marriages, then the question arises: how much will the father pay, and what can the mother, left without a husband, count on?

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 contact the online consultant form on the right or call the numbers below. It's fast and free!

It should be remembered that it is not necessarily the man who pays child support, but the parent who lives separately, without children. Alimony is provided for offspring who are under 18 years of age.

How is child support divided for children from different marriages?

Legally, financial support for children after divorce is regulated by Art. 80-81 RF IC . The principle of calculating alimony is as follows: the portion of the income of a loving father determined by law for alimony payments is divided accordingly between the number of children in each marriage .

For example, if a man has 3 children (two children in his first marriage, one in his second marriage), then by law he must pay no more than 50% of his total income for the maintenance of his offspring. Thus, for each cub there is 16.6%.

This means that the accounting department will send 33% to the first wife for 2 children , and the second ex-wife can spend the remaining 16.6% of dad’s earnings on her little one .

This means that if the father continues to have offspring in each successive marriage, then each of the children in previous marriages will suffer financially .

If there are 2, 3, 4 or more offspring

So, the father is obliged (if there is no agreement) to pay alimony as a percentage of his total income (salary, dividends, pension, scholarship, etc.) monthly:

1. for one child – 25%;
2. for two children – 33%;
3. for three, four or more children – 50% of income.

If there are two children, but they are from different mothers from different marriages , then the total deductions from his income according to the law are exactly 1/3, that is, each child will get 1/6 of the share. Payments for the maintenance of children in all marriages of a man are distributed according to this principle .

These are the minimum alimony payments. The father may agree to a larger share of contributions in favor of the children, but here the law comes to his protection.

Article 138 of the Labor Code of the Russian Federation limits deductions for children. They cannot exceed 70% of the father's gross income. He must live on the remaining 30% himself.

Payment upon application or by court decision

It is possible to draw up a mutual agreement, certified by a notary, on the amount and date of receipt of funds for the maintenance of joint offspring . Such a document itself has legal powers equal in force to a writ of execution (Article 109 of the RF IC).

Child support agreement form: Download sample

Alimony for two, three, four children through a magistrate judge

It is possible to do without judicial red tape; if there are no questions about establishing paternity or maternity or other complications , then to request alimony you can apply to the magistrate to issue a court order .

In this case, there will be no meetings, no showdowns, and no later than 5 days later you can receive a court order with the functions of a writ of execution . This is the simplest, fastest and most hassle-free method of claiming financial support for a child from the father.

There are also pitfalls in this method: if alimony is not paid within 10 days, counting from the appointed date, then the court order will be revoked as an unjustified remedy , and you will still need to go to court.

Claim form for a child, as well as 2 or more children: Download.

According to a writ of execution from the court

Submit a statement of claim to the magistrate's court , where the full trial will take place, taking into account the general rules.

The result of the court will be a decision according to which a writ of execution should be obtained and transferred to the bailiffs at the service at the place of residence of the alimony payer.

The court may also assign a larger amount of payments for children than the minimum interest . It all depends on earnings, living conditions of the husband and his family in previous marriages, and also on the number of dependents on the alimony provider’s neck at the moment.

On what income is alimony calculated?

It is generally believed that payments to children should be calculated on all types of income, but this is not entirely true.

Precise information about from which funds alimony should be withheld and from which not is set out in the list approved by the Government of the Russian Federation in its Resolution No. 841 of July 18, 1996.

In general, it can be stated that deductions will be made from salary, pension, stipend, benefits, stock dividends, business income, etc. Only one-time amounts, such as bonuses or other types of income, are not taken into account.

Distribution of child support according to law

All children related to the same father must be provided for equally - this is what the law says, represented by Article 81 of the RF IC. According to this rule, for each cub the father must pay 1/6 of his income.

If a woman has children from different marriages, then each father pays his blood offspring 25% if he has one child, and 1/6 when there are two or more children .

Women who have children from different marriages should know that the amount of alimony for each child will be different and depends on the income of their ex-husbands. The baby whose dad earns more can be better provided for.

Payments in a fixed amount

There are options when the father:

1. does not have a permanent job,
2. his income is unstable throughout the year,
3. he is registered at work unofficially ,
4. they are settled with the currencies of other countries,
5. instead of money he is paid in kind.

Then you can amicably decide with your ex-wife what amount the husband should pay in a clearly defined amount. This is called lump sum alimony.

When does the benefit reduction occur?

The amount of payments may be reduced if the alimony payer’s life circumstances have changed:

• the alimony worker has become a disabled person of the first or second group;
• he has more mouths to feed on;
• the person receives a high income, and his payments as a percentage amount to an amount that is much more than reasonable for the maintenance of the offspring;
• if the children are fully supported by the state and the mother does not spend money on them;
• income from the property of one of the children exceeds the amount of payments;
• the salary of the alimony worker fell sharply and significantly , etc.

You can find out how to find out your alimony arrears in this article.

At the same time, there is no need to specifically and artificially look for a reason to reduce payments ; this does not add dignity and honor. But if there really is an unbearable financial situation, then you should try to judge the level of payments.

1. When the situation stabilizes, it will be possible to increase the allowance for children.
2. We recommend that you familiarize yourself with the advice of a lawyer on the issue of child support:

Page 2

The Family Code of the Russian Federation obliges parents to support their children and provide them with both decent and safe living conditions and the opportunity to develop comprehensively. At the same time, child care responsibilities remain even if the parents are divorced and do not live together.

In order for the child to be fully provided for, the parent who is not directly involved in raising the child is required to pay child support. Moreover, the more children you have, the more you will need to pay. In this article we will talk about how much you need to pay for two children. More information about how much child support you will have to pay for 2 children...

The obligation to pay alimony on the basis of a court decision or agreement is established by the Family Code of the Russian Federation. For failure to comply with legal requirements, the debtor may be held accountable. We will tell you in the article how to prove malicious evasion and what awaits citizens who do not transfer funds. Find out what you face for malicious evasion of alimony...

Alimony is cash payments for the maintenance of children and disabled family members, which are assigned in accordance with the RF IC to parents and close relatives (grandparents, and in exceptional cases, sisters and brothers). Situations are common when alimony is awarded to an ex-husband during a divorce for the maintenance of minor children. Learn about the consequences of not paying child support...

Sometimes it is impossible to collect alimony as a percentage of the payer’s earnings for some reasons described in this article. Then you can resort to an alternative method of paying alimony in a fixed amount.

To do this, you need to file a claim in the magistrate's court. Let's consider the rules for filing a statement of claim for the recovery of alimony for minor children in a fixed amount of money, taking into account modern amendments to the Family Code of the Russian Federation. Learn more about how to file a claim for lump sum child support...

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The amount of alimony can be reduced - legislation will allow the payer to reduce payments for children if circumstances really do not allow maintaining the previous level. This can only be done through the courts .

The procedure for reducing alimony payments is regulated by Art. 80, paragraph 2, art. 81, art. 119 RF IC, Art. 131-132 Civil Procedure Code .

Is it possible to reduce the amount of alimony? We are reading right now...

• The maintenance of minor children is the direct responsibility of both parents , regardless of whether they are married or do not live in the same family.
• In the latter case, legislation protects children's rights by providing for alimony, which, if necessary, is collected by force.
• Find out what percentage of child support is for 3 children...

It is not very pleasant when a fine is imposed for failure to pay a fine or other debt, or, what is much worse, a lawsuit is held, which also costs money. How to control your debts? The answer to this worries many, and not only alimony workers, but also motorists, entrepreneurs, and citizens of other categories.

Simple and easy - more on that later in the article...

When you are asked to provide a certificate of alimony payments, it is not always clear why this is necessary. If there is such a paper that was not useful before, then you can present it at the place of request or not - it is not entirely clear what if it is outdated. There are a lot of nuances in this issue.

Let's consider all the nuances in the article below...

1. Alimony is a painful topic for both women and men.
2. And if a separation does not occur for the first time, and there are several children in different marriages, then the question arises: how much will the father pay, and what can the mother, left without a husband, count on?
3. We discuss the nuances of alimony calculations and payments in the article...

Amount of child support for one child. What percentage of salary?

Interest on income

Most often, alimony is collected in shared form. This is a common scenario if there is no child support agreement. Article 81 of the RF IC stipulates that for one child the alimony payer is obliged to transfer 25% of the total income. It is this norm that is taken into account when calculating how much percent of the salary is due to one child.

General grounds for this form of payment:

• Availability of a stable job subject to official employment;
• Calculation and payment of wages in national currency and in cash rather than in kind;
• Confirmation of all types of income (including pensions and royalties) with official documents.

If the payer has child support obligations for children from different marriages, the due percentage is divided proportionally. For example, in accordance with this article, two children are entitled to 33% of the total income, therefore, one child will receive 16.5%. The amount of alimony is determined taking into account the debt, and the recovery percentage may be higher.

Important! Alimony in shares is not indexed.

Fixed amount

In court or in accordance with an agreement of the parties, a fixed amount may be paid in favor of one child monthly or at other intervals. This is relevant if:

• The payer's income is unstable and unpredictable;
• There is no official place of work;
• The main type of activity is entrepreneurship;
• Salaries are calculated in foreign currency or paid in kind;
• There is no notarized agreement on the procedure and method of alimony payments.

Note! Multiplicity is not equated with equality. Therefore, the amount of fixed alimony can be either 2 subsistence minimums or ½ subsistence minimum.

As of the first quarter of 2023, the average figure in the Russian Federation is 10,444 rubles. For children, this amount was 10,390 rubles.

At the same time, there are regions, such as the Yamalo-Nenets Autonomous Okrug, in which this figure is two or more times higher.

Unemployed payer

The legislator takes a clear position that the lack of official income does not relieve the father or mother from the obligation to support the child. In this case, the objectivity or subjectivity of the decision not to find a job does not matter.

The amount of alimony for non-working citizens is set in a fixed equivalent. This takes into account the cost of living in the region, the average salary and the needs of the specific child in whose favor alimony is assigned.

Important facts:

1. As of 2023, the minimum wage in Russia is 11,280 rubles. Thus, minus 13% personal income tax per child, an unemployed person is required to pay a minimum of 2,453.40 rubles monthly.
2. If the unemployed person is officially registered with the employment center, alimony is collected from the assigned benefit. This does not exclude the right of the recipient of payments to apply to the court for an increase in the amount.
3. In law enforcement practice, the resolution of the Plenum of the Supreme Court No. 65 of 2017 is taken into account, according to which alimony payments cannot be less than half the cost of living for one child. This provision serves as a weighty argument in court if the payer deliberately hides his income or evades obligations.

Change of size

A combination of objective and subjective circumstances may lead to a change in the amount of alimony, which is assigned in shares or a fixed equivalent. Most often, this scenario is used in the second case. The main reasons for increasing the amount of payments:

• The recipient of alimony has had a significant decrease in income, which is due to significant and objective reasons (layoff from position, loss of additional earnings, salary cuts, abolition of benefits);
• Dismissal from work;
• The occurrence of serious health problems in a child or his mother (another recipient), which requires significant material costs for treatment, rehabilitation, and additional care;
• The appearance of other persons in the family as dependents, for example, disabled parents or the birth of another child;
• The presence of sufficient evidence of an increase in the income of the alimony payer, which he is silent about. For example, granting a pension to a working father or his acquisition of a share in a business allows the ex-wife to claim an increase in the amount of child support.

This is a basic but not exhaustive list. The main reasons, the analysis of which prompts the court to reduce the amount of alimony, include the following circumstances:

• Serious illness of the payer or his dependents, requiring a long hospital stay, difficult and lengthy rehabilitation, and large financial costs;
• Obtaining the status of a disabled person of the first or second group, which is confirmed by relevant documents;
• The appearance of other dependents in the family of the obligated person, including the birth of a child;
• Change in the financial status of the alimony recipient for the better. For example, entering into an inheritance, acquiring property that brings a stable and significant income;
• Employment of a child in whose favor alimony is paid (if he is over 16 years old);
• Dismissal, liquidation of place of employment. Loss of employment in itself does not relieve obligations towards the child, but may become an argument why a reduction in the amount of child support is justified.

In both the first and second cases, the court's decision is not final and can be revised if circumstances change. The court always proceeds from the interests of the child and is focused on ensuring his normal standard of living and creating favorable conditions for development.

Alimony agreement

Parents who have managed to reach a consensus on the issue of maintaining and raising a child can enter into a notarized alimony agreement. The document contains key provisions on payments, amount, frequency, conditions for increasing or decreasing, and alternative purchases to alimony.

The advantage of this format is the opportunity to individually discuss and record all the details of alimony legal relations, provide for offsets, the method of transferring money (cash, deposit, bank transfer), and the obligation to draw up receipts. In addition to the monetary issue, the agreement may stipulate the terms of meetings and the schedule of spending time together.

Ignoring the terms of the agreement by one of the parties allows you to go to court for the assignment of alimony on a general basis and initiate a debt collection procedure from bailiffs.

Amount of alimony for 5 children from different marriages

Please tell me, a citizen has a child from his first marriage, by a court decision he pays alimony, is it possible to reduce the amount of alimony in any way (except for the cases specified in Art.

92 Ko BS RB), the whole point is that one wife does not work anywhere, her relatives receive money by proxy, they are prohibited from meeting the child, and the alimony received is spent on their own needs, but not on the child (according to the child).

If the parent with whom the child lives prevents the other parent from communicating with the child, then it is necessary to go to court to establish a procedure for communication with the child. Please tell me, a citizen has a child from his first marriage, by a court decision he pays alimony, is it possible to reduce the amount of alimony in any way (except for the cases specified in Art.

92 Ko BS RB), the whole point is that one wife does not work anywhere, her relatives receive money by proxy, they are prohibited from meeting the child, and the alimony received is spent on their own needs, but not on the child (according to the child).

These grounds are listed in Part 2 of Article 92, as you indicated above. In order to reduce the amount of alimony, grounds are needed.

If there are doubts that alimony is not being used for its intended purpose, you can involve the guardianship and trusteeship authorities to check the conditions in which the child lives.

“If there are doubts that alimony is not being used for its intended purpose, you can involve the guardianship and trusteeship authorities to check the conditions in which the child lives.” This is a scam, because the money is not spent on the child.

They will limit themselves to unsubscribes, saying that it is necessary to go to court to establish the order of communication with the child, etc. And so on, one of my friends found a loophole in the legislation, with a salary of 1000 rubles, alimony is 80 rubles. The point is not how much alimony is being paid, but most importantly to whom.

You can buy everything for the child yourself, the main thing is to teach the careless mother a lesson. The purchase of property (clothing, food, toys) cannot be counted as alimony payment.

It is necessary to prove (difficult, but somehow necessary) that the mother does not properly support the child (does not buy fruit, toys, clothes, etc.) and apply to the court to change the child’s place of residence (with the father), if there is a conclusion from the authority guardianship adds 50 percent chance.

If he has been more than 12 years old, he has the right to express his opinion in court about who he wants to live with. And about the father’s salary: if it is very small, they will increase it to a percentage of the subsistence level budget; if he does not work at all, they will calculate the percentage based on the average salary in the republic (maybe by region). h.

Has anyone in practice encountered a case where a citizen has two minor children from different marriages? He doesn’t live with the second one either, but so far he’s paying voluntarily.

Is it possible, on the basis of this article, to reduce the amount of alimony if, in fact, alimony is still being collected only for the first marriage? to formulate the subject and basis of the claim in the direction of the possible appeal of the second ex-wife. Without a court decision to accrue alimony for the 2nd child, it will not be possible to reduce the amount for the first.

Justification of the claim in the direction of the “possible” appeal of the ex. Only if the ex files a claim for the collection of alimony and a decision is made to pay 16.5% for the second, you can file a claim to reduce the amount of alimony to 16.5 for the first. And then you do not declare this part, but the one that indicates what percentage 25%, 33%, 50% is paid in the absence of an agreement.

And this point fits the case when a father has 3 small children, for whom he pays alimony in the amount of 50% and he has 1 more (or pays for two and 2 more are born in the family). Then he goes to court with the application and for three they set not 50%, but 37.5%. There was such a case (I barely convinced the judge that he had the right to reduce alimony).

92 Co. BS —- The amount of alimony may be reduced by the court if the parent obligated to pay alimony has other minor children who, if alimony was collected in the amount established by this article, would be less financially secure than children receiving alimony, as well as in cases , if the parent from whom alimony is being collected is a disabled person of group I or II.

Alimony for children from different marriages – Page 3 – Alimony

Is it possible, on the basis of this article, to reduce the amount of alimony if, in fact, alimony is still being collected only for the first marriage? formulate the subject and basis of the claim in the direction of the possible appeal of the second ex-wife. Let the second one also sue for the recovery of alimony in a claim proceeding involving a third party (the 1st spouse).

The court will collect 16.5% for the maintenance of the 2nd child, then the payer goes to court with a claim to reduce the amount of alimony collected for the 1st child (with court decisions on the 1st and 2nd child). Without a court decision to accrue alimony for the 2nd child, reduce the amount It won’t work out for the first one. There was such a case (I barely convinced the judge that he had the right to reduce alimony).

Parental responsibilities in everything are distributed evenly between the two parents. Mom and dad, regardless of whether they are biological parents or adoptive parents, are required to support the children. This rule is enshrined in Article 80 of the Family Code.

If oral agreements cannot be implemented for any reason, they can enter into a written voluntary agreement. After drawing up the agreement is certified by a notary. Only those points that do not contradict the above article will be legal.

Legally, such an agreement is equivalent to a writ of execution. The main subject of the agreement is the participation of parents in the maintenance of children.

Usually this is one of the following options: When drawing up an agreement, you must take into account that if the amount of maintenance funds indicated is less than that required by law, the document will be considered invalid.

If you decide to transfer funds for the maintenance of children or part of the funds in kind, you will have to use the services of an appraiser (you just need to choose one with a license for this type of activity).

If this is not done, then later it will be easy to challenge these actions in court and find the content insufficient, and therefore not in accordance with paragraph 2 of Article 107 of the Family Code.

Calculation of child support for children from different marriages

The agreement must take into account the need to index these amounts. If this is missed, then indexing will be carried out according to the rules formulated in Article 117.

In the absence of verbal support and in the absence of a voluntary agreement, the parent who lives with the children can go to court with a claim against the 2nd parent to receive child support.

If a child does not have a parent with whom he can live, then any other person who has the right to act as a representative of the child by court decision can apply for child support.

Moreover, they can file a claim against both negligent parents, or against one if the parent with whom the children are staying does not want to file a claim. The most common situation: after a divorce, two children remain with their mother, and the father begins to live separately from family. Then he is obliged to pay alimony in the amount of 33% of earnings.

This percentage ratio is contained in Article 81 of the Family Code. In situations where the father does not have a stable income, its amount changes significantly from month to month, and also in cases where the father does not work, he is still obliged by law to pay alimony.

Alimony for one, two, three children. Maximum and

If the terms for paying benefits at the employment center have already been exhausted, and the person was never employed, but he is not deregistered, then he is not to blame for the lack of alimony payments. After all, it is impossible to be registered at the employment center and You can’t just get a job on offer. In Russia, the behavior of those registered in such centers is strictly controlled.

Without good reason, it is impossible to remain registered and not get a job. It is constantly indexed, but still remains very low. Today, the lowest income is among the officially unemployed.

If such an allowance is received by an alimony worker, then about 2 thousand (the third part) will be deducted from this amount for the maintenance of children. This amount is considered the minimum acceptable, which can be paid as a share of the income received.

If alimony is assigned in a specific amount, then its calculation will be related to the level of the living wage currently accepted in the region where the children are located.

If alimony is assigned in a specific amount, then its calculation will be related to the size of the subsistence minimum currently accepted in the region where the children are located. If the region does not have its own established minimum wage, then the amount of accrual is associated with the minimum wage adopted in the country. For example, , in 2015 this amount was equal to 8,200 rubles.

However, this does not mean that the court will set an amount of 8200 and that’s it. During the trial, all circumstances will be analyzed, and as a result, 0.1 of the PM or even 10 PM may be assigned.

Then the amount of payments will range from 820 rubles to 82 thousand. The court decision will be related to the standard of living to which the children are accustomed.

What is the percentage of child support for 5 children? size from different

If the father is a wealthy person, and his children are accustomed to a high level of security, then the maximum amount for child support will be accrued. Other obligations of the alimony payer will definitely be taken into account. Perhaps he has other children from other marriages who should also receive assistance .

If the father is officially listed as an individual entrepreneur, he regularly submits a declaration of income. It is the amount indicated in the declaration that is the basis for calculating alimony. Before deducting alimony, taxes are “minus” from the amount of all income, as well as funds that are necessary for further business.

Not all mothers are satisfied with alimony payments that come once a year. In order to receive monthly alimony from an entrepreneur, you need to agree on this with him. If running a business involves constantly keeping track of the flow of funds, income received and current expenses, then calculating the required percentage of the remaining income will not be labor.

Based on the entries in such a notebook, the alimony provider will be able to calculate the required amount himself and transfer it to the account specified in the writ of execution or agreed upon with the claimant.

What is the percentage of child support for 3 children from different marriages?

If everything is done carefully, the amount of income indicated in the notebook will be the same as in the declaration. Consequently, the amount of alimony listed will also coincide with the required one. If an entrepreneur voluntarily does not pay alimony, the parent raising the children submits an application for him to the department the magistrate's court to which the defendant belongs at the place of registration. To write a statement of claim for alimony, you must indicate when the marriage was registered and when it was dissolved. Then you must indicate that both children are dependent on the applicant, and the defendant does not participate in their maintenance and upbringing. It is imperative to write that a voluntary agreement was not concluded. If it is better to receive a specific amount of money, and not a share of earnings, you must prepare an argument for your desire .They must comply with the provisions of Article 83 of the Family Code. They immediately write what amount must be paid by the defendant, it is necessary to justify this figure. As evidence, they cite their financial situation, the income of their ex-spouse, describe the standard of living to which the children are accustomed, compare it with the standard of living now and with their father's standard of living. If a man who pays alimony for one child remarries and has a second child during the marriage, the second wife will, in most cases, also file for alimony.

Amount of child support for 5 children

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Large families in Russia are still rare. But much less rare are fathers with many children who pay alimony and have several children from different marriages.

In the practice of lawyers and courts, there are often situations where a man may have obligations to pay alimony for 5 children or even more. One or two children may be from the first marriage, another couple from the second. And already the fifth, for example, offspring “accidentally” appears outside the marriage relationship. A common practice, but what amount of child support will a father so rich in children have to pay for 5 children?

The amount of child support for 5 children - how is it settled?

The law establishes the following amounts of maintenance for minors during judicial punishment:

On the topic “Amount of child support for 5 children,” we have collected examples of documents that may interest you.

It turns out that the Family Code of the Russian Federation establishes a differentiated amount of alimony depending on the number of children, up to only three children inclusive. The rest of the provisions of Article 81 only contain the wording “for three or more children.”

The total amount withheld will be divided equally among the five children, unless a court decision stipulates special conditions for each minor.

The main problem when receiving maintenance for five children is identifying all sources of income of the payer. Alas, it is almost impossible to prove the existence of “gray” income on which taxes are not paid and which are not subject to any accounting. With unofficial income, the claimant can only insist on withholding funds for 5 children in a fixed amount.

Alimony for five children in a fixed amount

Contents in a fixed amount can be established in cases where the payer:

• Has an irregular income;
• Receives income in kind;
• Salary is seasonal;
• There is no official income at all.

The law does not even prescribe approximate or minimum criteria for calculating alimony in a fixed amount.

On the topic “Amount of child support for 5 children,” we have collected examples of documents that may interest you.

At the same time, there is Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 56, namely paragraph 13 of the specified document. It directly instructs the courts to decide on the amount of maintenance in a fixed amount, with mandatory consideration of the cost of living per child in the region. If there is no approved subsistence minimum per child in the region, the all-Russian indicator is used.

When assigning alimony for five children in a fixed amount, the court may:

• Collect funds by determining a fixed maintenance for each child, if this is required by the individual characteristics of the offspring;
• Establish a total fixed amount, which will be divided equally among all minor children.

For more details about the nuances and procedure for establishing alimony in a fixed amount, see a separate article.

In addition to the financial situation of the payer, the court also takes into account when determining the amount of alimony for five children:

• The presence of other children who are supported or for whose benefit the defendant pays alimony;
• The presence of other dependents - parents, stepsons, stepdaughters, etc.
• Working ability and health status, absence or presence of disability.

Alas, in most cases, the courts cannot establish even a fixed amount of alimony for five children, sufficient to cover even their basic needs. This is due to the low income of most fathers with many children. The court has no right to collect an amount that is obviously “unaffordable” for the payer.

How is child support distributed for five children?

If children are from different mothers and do not live together, then the following will be responsible for the distribution of child support for them:

• Employer's accountant - if the writ of execution is being executed at the payer's place of work;
• The payer himself - if he pays alimony voluntarily;
• Bailiffs - if the payer has a debt or all types of income are forcibly withheld from him.

The amount of child support withheld will be distributed evenly among all children. But only if a different procedure for collection is not determined by a court decision. When collecting a fixed amount for some children, increased amounts may be established in comparison with others due to exceptional circumstances.

An example of calculating child support for five children

According to the court decision, alimony in the amount of ½ of all types of earnings for 5 sons and daughters was withheld from the defendant. For one of the children, an additional 5,000 rubles were charged in a fixed amount due to the child’s serious illness and the need for regular treatment.

The monthly salary of the maintenance payer consists of:

• Salary at the main place of work – 20,000 rubles;
• Part-time salary – 8,500 rubles;
• Income from renting out non-residential premises – 11,000 rubles.

The total amount of income from which alimony will be deducted, after withholding all taxes, will be: 34,365 rubles.

The amount of child support for 5 children will be 50% of this amount. In total this is 17,182 rubles or 3,436 rubles for each minor.

Additionally, a child with a disease for which the court has established a “combined option” of recovery will receive another 5,000 rubles.

In total, the payer will pay 23,182 rubles in alimony per month for five children.

Need a lawyer

If you have difficulties collecting child support for five children or need a competent calculation, contact our specialists for a free consultation. Experienced lawyers will help you with advice and resolve any contradictions that arise in your case.

• 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!

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Alimony for 5 children in 2023: amount, percentage

Conflict situations in families often lead to the dissolution of marriage ties. In the event of a divorce, the parent left without children (mostly the father) is obliged to provide financial support to them.

If the father refuses to provide assistance, then the mother must appeal to the court. For many mothers of many children, the issue of financial support is pressing.

How is child support paid for five children?

Amount of alimony payments

What percentage of wages is withheld for the benefit of five children? A mother with many children has the right to receive half of the earnings of the children’s father. If necessary, the amount of deduction may be increased. The amount of payments is determined on a voluntary basis (in the alimony agreement). The document requires mandatory certification by a notary.

If the father refuses to transfer money for the maintenance of minor children on a voluntary basis, then the mother will need to file a claim in court.

The amount of alimony payments for five children cannot exceed 70% of the father's income.

Material support in favor of minor children will be assigned as a share of earnings if the alimony payer is officially employed and has a stable income.

If withholding alimony as a percentage does not meet the interests of minor children, or is not possible, then the court will assign financial support in a fixed amount. This payment method is determined in the following situations:

• if the salary to the alimony payer is paid in kind or in the currency of a foreign country;
• the father operates as an individual entrepreneur;
• if there is no place of permanent work;
• the payer’s work is temporary or seasonal;
• with piecework wages.

Collection of alimony payments

The claimant has the right to apply to the court to assign alimony payments at any time. Moreover, if during court proceedings the plaintiff proves that he previously made attempts to negotiate with the debtor to provide assistance to minor children, then it will be possible to collect the debt for the previous 3 years.

To go to court, the applicant will need to write a claim. It must contain the following information:

• the name of the court, full name and address details of the plaintiff and defendant are written in the header of the document;
• the body of the claim indicates the marital status of the parties, information about the children (full name, date of birth);
• at the next stage, the circumstances of the case, the evidence base, the applicant’s requirement and references to legislative acts confirming the legality of the requirements are indicated;
• Below is a list of documentation attached to the claim;
• The claim ends with the date of preparation and the signature of the applicant.

Download a sample statement of claim for the collection of alimony for the past period

After the judgment is issued, the plaintiff will need to wait 10 days. After a specified period of time, the decision will gain legal force if the defendant does not appeal it. Next, the documents from the court are sent to the FSSP.

Bailiffs open enforcement proceedings against the defendant, after which the writ of execution will be handed over to the father’s place of work.

The accounting service will begin the procedure for withholding and transferring alimony payments.

If child support is not paid

Some debtors hide their income, avoid meeting with bailiffs and use other methods to evade alimony. If the amount appointed by the court is not transferred to the account of the alimony recipient, then the following actions will be required:

1. obtain from the bailiff information about the actions taken to ensure the transfer of alimony;
2. draw up a petition to bring the defaulter to criminal liability;
3. if bailiffs have not fulfilled their obligations to ensure payment of alimony, then a complaint should be filed against them;
4. obtain from the FSSP a certificate about the status of the defaulter’s debt and attach it to the claim for the collection of a penalty for late payment or lack of alimony payments.

Collection of alimony for children from different marriages

If there are a large number of children from different marriages and there is no alimony debt, no more than half of the earnings will be withheld. In this case, alimony will be distributed in equal shares among all offspring.

Whether the baby appeared in an officially registered or civil marriage does not matter.

The court will take into account all circumstances relevant to the case, including the presence of other dependents and the financial viability of the participants in the process. Each mother's claim will be considered in separate proceedings.

Let's sum it up

The presence of a large number of children will negatively affect their financial support on the part of the alimony payer. After all, the more minor dependents there are, the smaller share of their father’s earnings they will receive.

If the father refuses to transfer money for the maintenance of minor children on a voluntary basis, then the mother will need to file a claim in court.

The amount of alimony payments for five children cannot exceed 70% of the father's income.

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