Maximum amount and percentage of child support

A parent who is left with children after a family breakup is interested in receiving the maximum amount of child support. However, such an indicator has not yet been defined by the legislation of the Russian Federation.

This is both good and bad at the same time. On the one hand, the law always protects the situation of minors.

On the other hand, it is in their own interests to limit alimony payments in order to preserve this source of income.

Let's look at what amounts you can claim in 2023.

The legislative framework

Calculation of alimony is carried out on the basis of Chapter 16 of the Family Code of the Russian Federation (FC). This section of the legislation specifies the methods and amounts of required payments, as well as the logic for their purpose. Several calculation methods are usually used:

• share;
• in a fixed amount;
• natural;
• property.

The first method is considered the most common in Russia. The maximum percentage of child support when used is assigned to three or more children. This norm is laid down in Article 81 of the UK. At this point, the share of participation in the material support of minors is associated with their number. Namely:

• one quarter of the income is withheld (25%);
• for two – a third (33%);
• for three or more - half (50%).

Important! In this case, the maximum is important for the payer. But it may not suit the recipient.

When calculating alimony, the norm of Art. 99 of the Federal Law “On Enforcement Proceedings”. It strictly limits the redistribution of earnings in favor of others. The maximum threshold for such an operation is 70% of the amounts determined for calculating alimony.

Attention! The alimony holder can pay under several writs of execution. This limits the specific amounts received by each person to whom they are assigned.

Does the calculation method affect the restrictions?

• financial situation of the parties;
• children's needs;
• their health status and age;
• property status of the plaintiff and defendant;
• the presence of a second family and minor dependents of the defendant;
• his state of health;
• something else that affects the matter.

Attention! The court considers the preservation of the children's previous standard of living as a priority goal. If the departed father earned 10 thousand rubles, then 20 thousand rubles. he will not be forced to pay. Download for viewing and printing:

Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”

Calculation methods do not affect the amount of payments in any way. To a greater extent, they depend on the payer’s ability to earn and transfer money. In addition, the desire of the person to fulfill his duties cannot be ignored.

Maximum for share settlement

In this case, much will depend on the payer’s earnings. The court will establish payment in accordance with Article 81 of the Criminal Code. However, the law does not prohibit increasing the percentage of income if necessary.

The conditions for making such a decision are as follows:

• a minor is required:
• expensive treatment;
• purchase of drugs;
• a trip to a hospital medical facility.

However, when considering the issue, it is taken into account that the payer must remain 30% of earnings. After all, he also needs to live off something. The court takes into account not only the percentage of the salary, but also its cash equivalent. The payer is left with a subsistence minimum as a last resort.”

Attention! An increase in payment to the maximum by court decision is possible only if there are appropriate proven conditions.

Example of alimony collection

The administration of the enterprise received a writ of execution against the employee, which determined the amount of alimony at 25%. The document indicates that payments should begin on March 15, 2023.

The accounting department accrued the following amounts to him this month:

1. Salary - 40,000 rubles.
2. Annual bonus 140,000 rubles.
3. Quarterly bonus 30,000 rubles.

Not all of these incomes are included in the calculation of alimony. The annual bonus is excluded since it was received for a different period.

Taking into account that payments should begin in the middle of the month, the following amounts were received:

1. Salary: 40,000 rub. / 20 working days x 11 working days days = 22,000 rubles.
2. Quarterly bonus: RUB 30,000. / (31+28+31) calendar days x 17 cal. days = 5666.67 rubles.
3. The amount of alimony for March is calculated from income: 22,000 rubles. + 5666.67 rub. = 27666.67 rub.
4. And it will be: 27666.67 rubles. x 25% = 6916.67 rub.

Important! The maximum amount of alimony is obtained when the payer does not hide income.

Payments by agreement of the parties

In this case, only one threshold is applied - the lower one. That is, the legislation requires that the amounts of payments be no less than those established by Article 81 of the Family Code. No upper limit has been set.

Parents are free to draw up an agreement as they see fit. The following methods are used:

• share payments;
• fixed amounts.

Important! The payer has the opportunity to pay the entire amount at once, in a single payment, if this method suits both parties.

Maximum payment in a fixed amount

When determining the amount of alimony, one should rely on the provisions of Decree of the Government of the Russian Federation dated July 18, 1996 No. 841. This document contains a list of income for calculating alimony.

In particular, the following are exempt from such obligations:

• state benefits:
• for child support;
• by birth;
• for transportation costs;
• maternal capital;
• survivor's pension.

Attention! All earnings related to work and investment are subject to alimony payments.

Difficulties in determining the maximum amount of alimony

In practice, people face the following problems:

1. Evasion of the payer from fulfilling obligations. This person seeks to reduce his own costs.
2. Inability to determine real income. For example, if a person receives a gray salary.
3. Concealing received funds from the state.

To protect the rights of minors, it is allowed to conduct a judicial investigation into the payer’s income. For this purpose, the court accepts the following evidence:

• documentation;
• oral and written testimony;
• video and audio recordings.

Conditions affecting the purpose of payment

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 specific problem, please use the online consultant form on the right or call the free hotline:

• 8 800 350-13-94 — For regions of Russia
• 8 499 938-42-45 — Moscow and Moscow region.
• 8 812 425-64-57 — St. Petersburg and Leningrad region.

If the issue is considered by the court, then not only the evidence of the parties, but also other factors are taken into account. Including:

• living wage (LM);
• minimum wage (minimum wage).

Important! If it is impossible to determine the amount of the defendant’s income, then alimony is assigned in a fixed amount. Moreover, their level is calculated from the minimum wage indicator.

Thus, the recipient receives rather insignificant money. For example, in 2023 the minimum wage is 7,500 rubles. For one minor it turns out: 7,500 rubles. / 4 = 1875 rub. This is in no way similar to the maximum amount.

Advice. If the alimony holder is a malicious evader, then evidence of his income should be collected. The court may apply other measures of influence to such a person, including criminal prosecution.

How to reduce child support expenses

In some circumstances, child support payments are reduced. This can be achieved by:

• concluding a new agreement;
• initiation of another legal proceeding.

Important! If alimony payments were ordered by the court, it is impossible to change them by agreement of the parties. You need to file a claim with a magistrate.

Reasons for reducing payments

The conditions under which a reduction in spending on adults is likely are described in Article 119 of the Family Code:

1. If, in the absence of an agreement on the payment of alimony, after the amount of alimony has been established in court, the financial or marital status of one of the parties has changed, the court has the right, at the request of either party, to change the established amount of alimony or to exempt the person obliged to pay alimony from paying it. When changing the amount of alimony or when releasing it from payment, the court also has the right to take into account other noteworthy interests of the parties.
2. The court has the right to refuse to collect alimony from an adult capable person if it is established that he has committed an intentional crime against the person obligated to pay alimony or in the event of unworthy behavior of an adult capable person in the family.

Thus, in order to reduce the amounts, it is necessary to provide the court with grounds for a new trial. They are considered:

• certificates of children in a new family;
• certificate of determination of disability leading to loss of ability to work;
• documents proving the need for expensive treatment;
• evidence of the crisis financial situation in which the payer finds himself;
• a certificate stating that the minor is recognized as fully capable or has created his own family;
• other.

Important! If a crime has been committed, then a court decision is required to recognize the act as such.

New in legislation

Work to improve the principles of assigning, withholding and collecting alimony amounts is ongoing. For several years now, deputies of the State Duma have been considering proposals to fix the maximum and minimum amounts of alimony.

It is proposed to set a threshold value of 10 or 15 thousand rubles. However, this will lead to:

1. payers with low incomes will not be able to cope with expenses;
2. if a person's income is significantly above average, then his children will suffer.

The first part of the problem is proposed to be solved at the expense of the budget. That is, the payer will be given an acceptable amount, and the state will pay the rest.

The implementation of such a proposal will lead to:

1. to an increase in costly budget items;
2. to an increase in the number of draft dodgers.

Attention: currently there are several methods of influencing defaulters. According to the court decision of such a person:

• deprived of driver's license;
• restrict travel outside the country;
• initiate criminal prosecution.

conclusions

Determining the maximum amount of alimony payments depends mainly on two conditions:

• integrity of the payer;
• the size of his official earnings.

Maximum amount of alimony according to law

The maximum amount of alimony for a child or for the maintenance of a disabled spouse is not regulated by family law, just like the minimum. Theoretically, it is not limited in absolute terms. In relative terms, the amount of alimony payments cannot exceed 70% of the payer’s total income, with the exception of cases where alimony debts are collected.

What is the maximum amount of alimony according to law?

When drawing up a voluntary agreement, you can assign a fixed amount of alimony and the conditions for its indexation, or a certain percentage of income. In accordance with the law, the amount of alimony for one child cannot be less than 25% and more than 70% of the payer’s income.

If you collect alimony in court, the following options are possible:

• The maximum amount of alimony as a share of earnings is 50% - when paying money for the maintenance of three or more children. In exceptional cases, the court may increase this percentage - if, for example, one of the children is disabled. But the total amount of deductions cannot exceed 70%.
• When assigning alimony in a fixed amount, there is no upper limit. If the plaintiff can prove that he needs exactly this amount to support the children, it will be assigned, but provided that it does not exceed 70% of the payer’s monthly income.

Thus, in monetary terms, the maximum amount of alimony is not limited; it can be tens of thousands of rubles - it all depends on the income of the payer and the needs of the child.

What laws regulate the amount of alimony?

The main documents that regulate the amount of alimony payments in Russia are:

• Family Code of Russia. Articles 81, 83, 103 regulate the amount of alimony awarded by agreement or by force.
• Decree of the Government of the Russian Federation of July 18, 1996 No. 841. It lists the sources of income from which alimony is collected, as well as those from which alimony is not collected.
• Federal Law “On Enforcement Proceedings”. In it, in addition to the procedure for collecting alimony and arrears thereon, Article 99 specifies the maximum amount of deductions from the debtor’s income and the specifics of tax deductions from the income of the alimony payer.
• Tax Code of the Russian Federation. Articles 212 and 220 describe the calculation of alimony and taxes in special cases when the alimony payer uses a tax deduction.

How to reduce the amount of alimony

If there is an agreement, you can try to negotiate with the recipient. If the recipient does not agree to a reduction in payments, then he must go to court at his place of residence.

The claim should substantiate your position and attach documentary evidence. The reasons that the court considers sufficient are usually the following:

• Receiving a serious injury that resulted in temporary or permanent loss of ability to work, or a long-term illness that affected ability to work. A complex operation or lengthy hospital treatment may serve as grounds for reducing or even temporarily suspending payments.
• Acquiring a disability of 1 or 2 groups for any reason.
• Acquisition from the child for whom alimony is paid his own source of income. If the child got a job under an employment contract or opened an individual entrepreneur, then you can generally apply for the abolition of alimony due to the emancipation of the minor.
• The appearance of other persons for the payer in respect of whom he has a maintenance obligation (usually these are children in a remarriage, there may be elderly parents, a disabled spouse and other family members).
• Increasing the number of alimony obligations, for example, for a child from a second wife.
• A decrease in the payer’s income for a variety of reasons: dismissal, transfer to a lower position, bankruptcy of an individual entrepreneur, and so on.
• The amount of child support is too large, significantly exceeding the needs of the child.

The occurrence of these circumstances does not exempt you from paying alimony and does not mean an automatic reduction in payments (unless payments are assigned as a share of income).

Amount of alimony

When deciding on financial support, the main thing is always the amount of alimony. It is important for the recipient to know the amount he can have, what minimum alimony he can receive, as well as the average alimony calculated monthly.

The amount of alimony depends on the method chosen to determine and collect it. It is important from the very beginning to choose the most profitable method for the creditor. It should be noted that there is a difference in determining the amount of alimony for 1 child, for two or more children, alimony that is due to a spouse, parents or other relative.

Child support amount

The amount of child support can be determined as a share (or percentage) of the alimony payer’s earnings, can be set in a fixed amount of money, or can be combined from a share and a fixed amount.

The amount of child support can be determined voluntarily by parents. In this case, the minimum amount of alimony is determined by law, and the maximum amount of alimony is not limited.

Agreement on payment of alimony

If it is not possible to reach an agreement peacefully, you will have to go to court for compulsory recovery. In this case, the amount of alimony is determined by the court.

Application for a court order to collect alimony

Statement of claim for collection of child support

Child support as a share of earnings

If you go to court to collect alimony, then the main way to determine the amount of child support will be shared. That is, in shares of the salary or other income of the alimony payer. This procedure is enshrined in Article 81 of the Family Code of the Russian Federation, the amount of alimony is:

amount of children	share size
one child	1/4 (25%)
two children	1/3 (33%)
three children or more	1/2 (50%)

For example, the father’s earnings are 40,000 rubles. In this case, alimony for 1 child will be 10,000 rubles. According to the formula 40000*1/4=10000 rub. For 2 children - 40,000 * 1/3 = 13,333.33 rubles. For 3 children - 40,000 * 1/2 = 20,000 rubles, for 4 or more children it will also be 20,000 rubles.

The specified share relationships are ideal. that is, they are used in the vast majority of situations. However, the law provides for the right of the court to deviate from the specified size of shares. In this case, the financial and marital status of the parties and other circumstances may be taken into account.

This refers to the possible incapacity of other family members to whom the party is legally obligated to provide maintenance, the onset of disability or the presence of a disease that prevents the continuation of previous work, the arrival of a child for whose maintenance alimony is paid. to work or engage in entrepreneurial activity.

When determining the amount of child support in shares, monthly payments are taken into account.

To determine the specific amount of alimony, wages and other income of the payer are taken. Alimony is calculated on net income after taxes.

Income from which alimony is paid

Child support in a fixed amount of money

Alimony in a fixed (or fixed) amount of money is paid when collection in shares is difficult. In this case, the decision on the amount of alimony will be tied to the child maintaining his previous standard of living and material support.

Amount of child support if the payer has other children

We looked at situations where children were born from the same mother and father. But, very often, it happens that the child’s father has other children from other women, and maybe not from just one. How is the amount of alimony determined in this situation?

First, let's look at alimony in shared terms. When a man has several children from different women, he retains the responsibility for their maintenance, and no one has any advantages.

Therefore, if there are 2 children from different marriages, he will still pay alimony in the amount of 1/3, but divided between 2 children, that is, 1/6 share for each.

If there are 3 children from different marriages, alimony will be 1/3 of 1/2 for each, that is, 1/6 share for each, for 4 children - 1/8 for each, and so on. This rule applies only when alimony is ordered by the court.

That is, if there are 3 children, but alimony is collected for only one, the court will collect 1/4 of the share. To bring all children into an equal position, you need to file a lawsuit for the maintenance of each of them. Only then does the payer have the right to apply for a reduction in alimony.

If we consider the situation of collecting alimony in a fixed amount. then in this case, other children will also be taken into account, and the amount of the collected amount will be reduced by the court, taking into account the need for their maintenance, but here there is no such direct dependence, the court has the opportunity to take into account the specific life situation.

Amount of alimony for spouse

If we talk about the amount of alimony for a spouse, then first of all we mean the amount of alimony for the wife, since this is the most typical phenomenon. However, this also fully applies to alimony for the husband, which can also be established.

Ideally, the amount of alimony for spousal maintenance should be determined peacefully, by agreement and secured by agreement.

When going to court, much will depend on how well the statement of claim is drawn up and what evidence each spouse collects for their positions.

When determining the amount of alimony by agreement, spouses can use a shared or fixed method of determining the amount of alimony, or they can agree on a lump sum payment. In this case, the amount of alimony is not limited in any way. only at the discretion of the husband and wife.

When going to court, the amount of alimony for the spouse will be established only in a fixed amount.

When determining the amount of alimony for a spouse, the court establishes:

• from what sources do husband and wife receive income, the size and stability of this income;
• circumstances that may affect the income of the spouses and the period of their receipt;
• sufficiency of the income of each spouse to meet their basic needs;
• presence of dependents (children, disabled relatives, etc.);
• receiving alimony from other family members;
• circumstances affecting the financial situation, for example, the need for expensive treatment.

The basic concept when determining the amount of alimony is the subsistence minimum. It is a multiple of the subsistence level that sets the amount of alimony in a fixed amount. The current living wage in Russia can be found here: http://base.garant.ru/3921257

Amount of child support for parents

Adult able-bodied children are responsible for supporting their disabled parents. This obligation arises when parents need such help. if the level of pension does not allow you to provide yourself with everything you need.

The amount of child support for parents is not specifically specified in the laws. It is indicated that the content provided is determined based on the financial situation of parents and children. marital status and presence of dependents. Alimony is collected in a certain amount of money, monthly.

The procedure here is as follows: the court determines how much the parents need outside financial assistance, determining a specific amount of monthly payments. Then it determines the number of children who can be entrusted with the maintenance of their parents. their financial situation. Then a specific amount of alimony for parents is established, which will be withheld from each child.

Amount of alimony for other relatives

To other relatives. Those entitled to receive alimony, in addition to children and spouses, include brothers and sisters, grandparents, actual educators, stepfathers and stepmothers.

For all listed relatives, the possibility of concluding an agreement is also fixed, in which the parties have the right to indicate any amount of maintenance that suits them.

If an agreement is not reached, it is possible to go to court and collect alimony in a fixed amount.

The criterion for assessing the amount of alimony for other relatives will be the financial situation of the payer and recipient of alimony, their family relationships, and other circumstances worthy of attention. If there are several persons obligated to pay alimony, the court is obliged to involve them all in the case and collect alimony by determining the amount of participation of each in the maintenance of relatives.

Typically, amounts paid to support relatives are much lower than child or spousal support.

Changing the amount of alimony

The amount of alimony established by law is not strictly defined for the entire period of its retention. It is possible to change the amount of alimony up or down. Changing the amount of alimony is possible at any time. when relevant circumstances change. The plaintiff can be any of the parties - the payer or the recipient.

Reducing the amount of alimony

A reduction in the amount of alimony can be applied when the payer’s income increases significantly. To justify the demands for a reduction in the amount of alimony, the plaintiff states that the amount of alimony exceeds the necessary needs of the child. The court, taking into account the balance of interests of the child and the parent, may reduce the amount of alimony to an acceptable value.

A common case of reducing the amount of alimony is the situation when the father has other children and alimony is collected from them.

Statement of claim to reduce the amount of alimony.

Increasing the amount of alimony

If the parent’s income clearly or intentionally does not make it possible to provide even minimal needs, the court, at the request of the alimony recipient, has the right to increase the amount of alimony.

The amount of alimony in this case, again, must ensure a balance of interests of all parties to the alimony legal relationship.

If the parent's income is unimaginably low, the court proceeds from the need to protect the interests of the child, as the more vulnerable party.

An example of a situation is when alimony was first collected for 2 children. Then 1/6 of the share is paid for each child. After the older child reaches adulthood, the mother can file for an increase in the amount of child support for the younger child to 25%.

Minimum amount of alimony

The minimum amount of alimony is not defined by law. This year, the lower limit of the amount of alimony will not be established. The ability to change the amount of alimony in a shared ratio allows you to avoid the need to legislatively establish the minimum amount of alimony.

Since alimony obligations are not made dependent on the parents’ ability to provide maintenance to their children, the use of a share relationship makes it possible to individually ensure the protection of the child’s rights to receive the necessary assistance, while at the same time not depriving the alimony payer of the necessary means of subsistence.

The legislator takes into account that the income levels of the population are now very different. Many citizens live below the poverty level. Therefore, it is more convenient to leave each specific situation to the discretion of the court. This will continue until the minimum wage exceeds the subsistence level by several times. Until then, there is no need to talk about the minimum amount of alimony.

Average alimony in Russia

In general, nowhere in laws or other regulations is there such a thing as average alimony in Russia. The amount of alimony in each case, with each calculation and withholding will be different, just as the income and number of children of all payers are different.

According to statistics, the average alimony in Russia is now about 3,000 rubles per child.

This amount is significantly higher in Moscow and St. Petersburg, as well as in large cities, and is significantly reduced in rural settlements and small towns, where wages are often no higher than 15,000 rubles.

It is noted that average alimony is higher in cases where it is collected in a fixed amount (usually corresponding to the subsistence level, which is now no less than 10,000 rubles) and lower if it is determined as a share of earnings.

When determining the amount of alimony, it is sometimes more profitable to calculate it based on the average salary. This rule applies to payers who did not work at all during this period and did not have other sources of income.

The most accurate data on average wages should be viewed on the website of the Federal State Statistics Service: http://www.gks.ru/wps/wcm/connect/rosstat_main/rosstat/ru/statistics/wages

Questions about the amount of alimony

What will be the amount of alimony if the husband does not officially work?

This depends on the order in which alimony was collected or determined by agreement. If the amount of alimony is set at a fixed amount, the amount of alimony, even if the husband does not officially work, will correspond to this amount. If collection is impossible, the debt will accumulate.

If alimony is determined in shares, then the amount of alimony for the period when the husband did not officially work, was not registered with the employment center and did not receive other income will be determined based on the average salary in Russia.

What percentage is child support for 1 child?

For one child, when determining the amount of alimony in shares, alimony will amount to 25% of the payer’s earnings and other income. The calculation of alimony for 1 child will be as follows: salary * 25/100 = amount of alimony for one child.

Maximum alimony

The amount of alimony paid for child support in Russia is usually low. This depends on the low level of average wages, as well as on the great desire of those paying alimony to hide their income in order to pay alimony as little as possible.

Speaking about alimony, it is not easy to judge the maximum amount, since they are most often assigned not as a fixed monetary amount, but as a percentage of wages.

As a general rule, when paying child support for minor children, the parent paying child support must have at least 30% of his or her earnings left over after child support is withheld from his or her wages. That is, the maximum child support will be equal to 70% of the salary of the debtor parent.

When foreclosure is applied to funds that are in the accounts of a parent obligated to pay child support, the 70% limit does not apply . This, in particular, concerns the payment of arrears of alimony payments.

Maximum amount of alimony

Let's consider the largest amount of alimony for different methods of calculating it:

1. The maximum amount of alimony by agreement between the parties cannot be limited in any way, since one party to the alimony agreement can pay the other party any amounts for child support. The main thing is that this does not infringe on the rights of the obligated party.
2. When calculating alimony as a share of wages, it is indicated that for three or more children the court can recover an amount not exceeding 50% of earnings. However, the size of the half share of the salary may be increased by the judicial authority if the financial and/or family situation of the parties or other circumstances worthy of attention are taken into account.
3. If alimony payments are provided in a fixed amount of money, then again there is no maximum limit. The court determines a fixed amount of money to be paid in the form of alimony, based on the maximum possible preservation of the child’s usual level of support, with mandatory consideration of family, financial aspects, as well as other circumstances that deserve attention.

Thus, the largest amount of alimony is an extensible amount. The only limitation established by law is a limit of 70% of wages . Moreover, this limit applies exclusively to the payment of alimony for minor children .

Laws establishing the amount of alimony

The main legal acts regulating alimony obligations, as well as establishing the amount of alimony, are:

1. Family Code of the Russian Federation (abbreviated as RF IC) dated December 29, 1995 – Law No. 223-FZ. This is the basic law in Russia that regulates relations regarding the payment of alimony. In particular, the following articles can be noted: Art. 81. (on the amount of alimony for minor children in court), Art. 83. (on the collection of alimony in a fixed amount), Art. 103 (on the amount of alimony that is paid under the alimony agreement).

Maximum amount of alimony

The legislation of the Russian Federation does not determine the maximum amount of alimony paid in favor of minor citizens and also other categories of persons who are entitled to financial support.

Only the maximum amount of deduction from the salary and/or income of the debtor-parent, subject to the occurrence of debt, equal to 70% .

Determining the amount of financial support depends on various factors, including the type of occupation of the parent obligated to pay alimony, the state of his health, financial security, living conditions of the child and other factors, the observance of which is necessary to maintain the previous standard of living of the minor.

Maximum amount of alimony withholding

In accordance with Art. 99 of the Federal Law of the Russian Federation of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”, Art. 138 of the Labor Code of the Russian Federation, the maximum amount of deduction from earnings and/or other income for the purpose of collecting alimony for minor children from the debtor is 70% of the salary and/or income of the parent obligated to pay them.

The specified amount of recovery is not the maximum amount of alimony. It is defined by the legislator only so that when executing a court decision, excess funds are not withheld from the parent’s earnings and/or income.

Example

The court established alimony for the maintenance of a minor child in the amount of 20,000 rubles, and the parent’s salary is 25,000 rubles. In this case, the employer cannot deduct more than 70% of the employee’s earnings, which will be 17,500 rubles. As a result, the employee has a debt to pay alimony, which he will be obliged to repay.

Maximum size for one, two or three children

Part 1 of Art. 81 of the RF IC provides for the amount of alimony depending on the number of minor children . The court determines alimony as a share of earnings and/or income in the following amounts:

The specified size is neither minimum nor maximum, since in accordance with Part 2 of Art. 81 of the RF IC, the size of these shares can be reduced or increased taking into account the financial or marital status of the parents.

A parent has the right to file a claim in court to recover from the other parent a monetary allowance that exceeds the maximum amount established by the Family Code of the Russian Federation, if there are circumstances indicating the need for such an increase .

Often, courts consider the specified amounts as maximum, being guided by this when making decisions, and determining that exceeding the specified amounts of shares is possible only in the presence of exceptional circumstances proven by the party.

Example

The district court rejected the claim for the recovery of alimony for a minor son in the amount of one third of the defendant’s earnings, reducing their amount to one fourth of the defendant’s earnings, since the plaintiff did not prove the need for an increased amount of financial support: he did not refer to his financial or marital status, nor other circumstances that may influence the assignment of an increased amount of alimony.

Maximum amount of alimony in a fixed amount

Indexation of the amount of alimony in proportion to the increase in the cost of living is established by the legislation of the Russian Federation only for cases of their calculation in a fixed amount ; for alimony collected in shares of earnings or income, indexation is not provided for by law.

The receipt by a person obligated to pay maintenance for a minor of high earnings or income is not an unconditional circumstance for assigning alimony in the maximum amount.

When determining their size, the facts of whether the parent obligated to pay maintenance, owns a car, real estate (residential and non-residential), income level, and engages in entrepreneurial activity are established.

The amount of child support may be affected by circumstances such as whether the child attends preschool and other institutions, whether he or she engages in music, dancing, paid sports, or other activities that require additional expenses for the parent. The purpose of clarifying such circumstances is to ensure the safety of the child’s living conditions and the continuation of studies in the chosen areas.

If the parent against whom a claim for payment of alimony is filed, at the time the plaintiff applies to the court, is already paying monetary support in favor of the other parent for the maintenance of a minor child, then the court determines the amount of alimony based on its amount established by law for all children of the defendant .

Example

The district judge, when considering F.'s claim for the recovery of alimony in the amount of one-fourth of the defendant's earnings or the income of the defendant for his minor daughter, found that the defendant, based on a court decision, was already paying maintenance for three children in the amount of half of the earnings. Taking into account these circumstances, the court decided to collect alimony in favor of F., one-eighth of his earnings.

According to the defendant, the court has the right to decide to transfer no more than 50% of the amount of alimony to the bank account of a minor child . This is possible if the following conditions are present simultaneously:

• improper performance of duties by the person receiving child support to spend the funds received on the maintenance, upbringing, and education of the child;
• maintaining, with this method of payment of monetary support, a level of material support for the child sufficient for his full development.

The court has the right to establish the amount of alimony in a fixed amount if the parent obligated to pay it

• has an irregular income;
• receives income in foreign currency;
• has no income and/or earnings;
• other cases provided for by law.

Most often, courts establish alimony as a fixed amount in cases where the parent is engaged in entrepreneurial activities. Since income from this type of activity may be periodic .

Example

The district judge set the amount of child support for a minor child as a fixed amount, since the defendant was engaged in business activities.

The court did not accept the defendant’s objections in the form of a tax return submitted to the court for the payment of tax on imputed income, since the imputed income in accordance with Art. 346. 27 of the Tax Code of the Russian Federation is potentially possible, is used to calculate the amount of the single tax and cannot reflect the real income of the defendant. The defendant did not provide the court with evidence confirming his impossibility of paying alimony in the amount and manner determined by the court.

Maximum amount of alimony for wife

In accordance with the legislation of the Russian Federation, spouses are obliged to financially support each other (Article 89 of the RF IC).

Based on this postulate, the legislator established the right of an ex-wife during pregnancy and for three years from the birth of a child to receive alimony from her ex-spouse, provided that the pregnancy occurred before the divorce.

The provision of alimony by a former spouse is possible both in court and in accordance with the agreement of the parties (Article 90, Article 91 of the RF IC).

To pay alimony, the former spouse must have the necessary funds.

Former spouses have the right to enter into an agreement regulating the payment procedure and amount of alimony. The agreement must be concluded in writing and certified by a notary. The agreement will have the force of a writ of execution and, in the event of non-payment of monetary support by the former spouse, it can be transferred to the bailiffs for its forced execution.

To certify the agreement with a notary, the following documents are required:

• identification documents of the parties;
• agreement on payment of alimony;
• a certificate of pregnancy (if the ex-spouse will receive alimony during pregnancy) or a certificate of the birth of a child;
• certificate of divorce.

Debts for maintenance of the former spouse can be inherited .

The court obliges the person to pay monthly maintenance to the ex-wife, failure to pay which results in debt. This debt is not associated with a person and for this reason passes to the heir.

The latter, subject to his acceptance of the inheritance, is obliged to pay the debt in proportion to the value of the property transferred to him by way of inheritance.

If an agreement is not reached between the former spouses, then the issue of alimony is referred to the district court.

In this case, the court takes into account the financial and marital status of the former spouses , as well as other factors influencing the amount of financial support. Neither the minimum nor the maximum amount of alimony is established.

Due to the fact that alimony to the ex-wife in accordance with Art. 90 h. 1.p. 1 of the RF IC, are appointed by the court in a fixed amount, it, in accordance with the legislation of the Russian Federation, is established as a multiple of the subsistence minimum (a share of the subsistence minimum) and is indexed in proportion to the increase in the subsistence minimum for the corresponding socio-demographic group of the population established in the corresponding subject of the Russian Federation at the place of residence faces.

The obligation to support the former spouse can arise only if the marriage between the spouses was registered with the civil registry office. This means that a spouse who was in a “civil” marriage (cohabitation) does not have the right to go to court with a demand for alimony payment.

The court may release the former spouse from maintaining the other spouse or limit this obligation to a certain period under the following conditions (Article 92 of the RF IC):

• if the marriage was short;
• if the spouse demanding alimony payments behaves unworthily (abuses alcohol or drugs, indulges in cruelty towards family members, or other immoral behavior).

Conclusion

The legislation establishes the maximum amount of deduction from wages and/or other income of a parent or ex-spouse obligated to pay alimony. This does not mean that the maximum withholding amount is the maximum amount of alimony. The maximum amount of alimony is not provided for by law .

The ex-wife during her pregnancy and until the child reaches the age of three has the right to receive financial support from her spouse. The amount of alimony and the procedure for its payment are determined by agreement of the parties or by the court.

The ex-husband, even though he has a three-year-old child to support, does not have the right to file a claim in court against his wife for payment of maintenance; this right belongs exclusively to the woman.

Maximum amount and percentage of child support

The amount of alimony is regulated by law. The maximum for alimony is defined in Federal Law No. 229-FZ. Under certain conditions, the amount of payments may be higher than the established limits.

When determining the maximum amount of alimony, the rights of both parties may be violated, so it is better to use qualified help. A lawyer will help both in determining the amount of payment for a minor child and in preparing a package of documents for processing payments.

Maximum for alimony

The issue of alimony payments is fully regulated by the state. The Family Code determines the obligation of parents to support their children and, if necessary, to pay alimony for a minor child in the established amount (Article 80 of the RF IC). Interest and the maximum amount of monthly alimony payments are also fixed.

The maximum amount of alimony is determined in Article 99 of Federal Law No. 229-FZ of October 2, 2007 (clause 3 of Article 99 229-FZ). Monthly payments for a child cannot exceed 70% of the child support payer’s earnings.

This rule is also confirmed by the Labor Code, which limits the maximum amount of possible deductions from wages or other remuneration of an employee to 70 percent (Article 138 of the Labor Code of the Russian Federation).

It is worth noting that these rules only apply to deductions of alimony from wages.

The final amount is also influenced by the health and living conditions of the child receiving child support.

Amount of payments by agreement of the parties

An agreement on alimony is concluded in cases where the parties do not disagree about the amount of payments for child support. Such an agreement stipulates not only the amount of alimony, but also the terms of payments and their frequency. The contract can also stipulate the maximum amount of alimony; in this case, there are no restrictions.

The parties can agree on a one-time payment calculated until the child reaches the age of majority. An apartment or other valuable property may be offered to pay alimony. Parents can agree that the alimony payer will pay for the child’s education, and this will also be counted as alimony.

Thus, the maximum amount of alimony in the contract is determined solely by the decision of the parties (Article 103 of the RF IC). The agreement must be certified by a notary, otherwise it will not have legal force.

Interest on alimony

If there is no agreement between the parties regarding the amount and terms of alimony payments, the decision is made in court. The court determines the form of payments and the maximum amount of alimony.

The issue of the amount of payment can be resolved through writ and lawsuit proceedings. Writ proceedings are a simplified procedure.

The judge considers the application within 5 days and draws up a court order on the amount and frequency of payments.

In the second case, the recipient files a claim in court, a case is opened, which is considered for about a month. Based on the results of the proceedings and after the verdict, the court secretary issues a writ of execution.

Both the court order and the writ of execution are executive documents on the basis of which alimony is paid in the amount established by the court.

Next, the writs of execution are transferred to the employer of the alimony payer or to the Federal Bailiff Service (FSSP), after which collection begins in the form and in the amount decided by the court.

If the judge decided to pay alimony as a percentage, then the maximum amount of such payments will depend on the number of dependents.

The amount of alimony as a percentage per child is determined in Article 81 of the RF IC:

1. 25% - for one dependent;
2. 33% - for two children;
3. 50% - for three or more children.

These shares are calculated from the monthly salary or other type of income. The maximum amount of alimony in this case is limited to 70 percent. This rule can be applied only in certain cases, for example, when the alimony payer has incurred a debt to the recipient, or when the health condition of a minor child requires an increase in the amount of current alimony.

Financial support under a writ of execution may be increased or decreased. Such a decision is made only in court and only on the basis of good reasons and direct evidence (Article 119 of the RF IC).

The amount of alimony can be increased in the event of a deterioration in the health of the alimony recipient or the onset of disability. If the payer’s financial situation has improved, he has the right to initiate an increase in the maximum amount of alimony.

A reduction in the amount of alimony is possible on similar grounds only on the part of the payer. Payments may be reduced if:

• illness or disability of the alimony payer;
• loss of a job or other source of income;
• birth of children in another marriage;
• an increase in income that is disproportionate to support payments for a dependent;
• the appearance of other incapacitated dependents (parents, spouses, relatives) on maintenance.

A decision to change the amount of payments can only be made by the court that made the decision on the assignment and amount of alimony. The parties can count on a positive verdict only if there are legal grounds for changing the previously established financial support for a minor child.

Maximum for payout in hard currency

The court can determine the withholding of alimony, the amount of which is calculated both as a percentage and in hard currency (Article 83 of the RF IC). A fixed amount of alimony payments is established for payers who do not have a stable and regular income, receive remuneration for work in foreign currencies, or do not have an official salary.

Payments in hard currency are the best option for individual entrepreneurs whose income varies monthly, making it impossible to determine a clear income level.

The amount of financial support for children in hard currency is determined by the judiciary. The maximum amount of alimony in this case will depend on many factors:

• on the number of minor children;
• whether the payer has other dependents;
• on the conditions in which the child is kept;
• on the current financial and social status, level of profitability of both spouses;
• on the child’s health condition;
• from the lifestyle of the alimony recipient.

The last factor refers to everything that a child does every day for a fee - whether he or she has certain occupations at a professional level (sports, creativity), studying at a paid school, additional classes with teachers, preparatory courses, etc. All this is grounds for increasing the amount of alimony, however, the court needs real confirmation of such expenses.

The alimony payer has the right to file a petition for the recovery of security for a minor in an amount not exceeding 50%.

There is one more nuance.

Alimony payments in hard currency are subject to indexation along with the increase in the minimum subsistence level, so it is very difficult to determine the maximum amount that will be transferred to the alimony recipient (Article 117 of the RF IC). Share payments for children are not subject to indexation.

Maximum payment for the child's mother

In the event of a divorce, the alimony payer is obliged to support his pregnant wife, provided that the pregnancy occurred during a legal marriage registered with the civil registry office.

This period of maintenance lasts throughout the pregnancy and for three years after the birth of the child (Article 90 of the RF IC).

The parties can agree on the maximum amount of alimony by concluding a settlement agreement or in court.

To endorse the alimony agreement, the notary must provide the passports of the parties, a certificate of pregnancy and a certificate of divorce. Only after notarization the contract will receive the status of an executive document, according to which payments can be collected for the wife and child.

The judicial authorities in this case determine the payment in hard currency. The total amount is calculated based on the material and social status of both parents and is set in an amount proportional to the current level of the regional subsistence minimum. Payments are made monthly.

If the ex-husband proves that the ex-wife leads an unworthy and immoral lifestyle, then the judicial authority may deprive her of monthly support (Article 92 of the RF IC). Maintenance is not prescribed for short-term marriages.