The amount of alimony for 2 children depends on several factors: earnings, the financial situation of the ex-wife or the average salary in the country - it all depends on how they are collected. To understand this issue, you need to know all the intricacies of the legislation and the calculation procedure.
Conditions for assigning alimony
The main condition for the assignment of alimony is the separation of the spouses; a formal divorce is not required. According to the law, funds are allocated only for the maintenance of minor children, but payments to disabled disabled children are made for life.
Women can collect alimony in several ways:
- By voluntary agreement concluded with a notary. It indicates the dates and amounts for transfer agreed upon by both parties. Download sample agreement
- By order of production. This is relevant if the ex-spouse has no objections, otherwise he will be able to challenge the issued court order within 10 days after registration. To obtain a document, it is enough to submit an application for the issuance of a court order to the court at the place of registration of the payer. If it is unknown, go to the recipient’s registered address.
- By way of claim proceedings. The procedure is performed when the parties have disagreements regarding the amount and frequency of payments or when the father evades obligations.
Alimony obligations are regulated by Ch. 13 IC RF. Collection of money through the court is possible at any time, including during divorce proceedings, but if the recipient applies later, it will be possible to claim funds only for the last 3 years.
Forms for collecting alimony for 2 children
To determine the form of payments, one should be guided by Art. 81 and 83 of the RF IC. It is influenced by the presence or absence of an official source of income and the current financial situation of the payer.
As a percentage of income
If the person liable for alimony has official earnings, receives state benefits or pensions, the amount of payments will be 33% of the salary.
If children are from different marriages, 16.6% are transferred. This is due to the fact that, according to the law, large sums cannot be recovered from the father. He can transfer increased payments only voluntarily.
In a fixed amount of money
If it is not possible to establish the exact level of the payer’s earnings, he receives a salary in foreign currency or does not work, alimony is assigned in a fixed amount. For the calculation, the cost of living indicators in the region of residence of the child are used, and in the absence of such, in the country. The financial situation of both parties is also taken into account.
Mixed alimony
If the payer, in addition to official earnings, has other confirmed sources of income, the recipient can collect alimony from him in a flat amount and in shares at the same time.
To recover, it is enough to file a statement of claim, where the requirement will indicate the withholding of mixed amounts.
Amounts of child support for two children
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The amount of alimony will depend directly on the form of collection and the financial situation of the payer. As mentioned above:
- in a fixed amount of money - the size of the monthly allowance for the region of residence of the child;
- as a percentage of income – 33%;
- in a mixed form - 33% of income and a fixed amount established by the court;
The current legislation does not establish a minimum amount of alimony. If the ex-spouse has no official income and pays only 2,000 - 3,000 rubles, this is not illegal, although it is impossible to provide for a child with this money.
A woman may demand additional payments if she lacks funds, but on the condition that the child needs such help: treatment is required, the purchase of expensive drugs, etc.
The maximum amount of alimony is not determined by law. A man can pay any amount, the main thing is to provide the child with a decent life and financial support.
Calculator for calculating alimony based on salary for two children:
Reducing the amount of alimony
According to Art. 119 of the RF IC, those obligated for alimony can file a claim to reduce the amount of alimony due to a difficult financial situation, if there are grounds:
- Receiving disability of 1 or 2 groups. Most often, such citizens are disabled, cannot provide for themselves and need financial assistance themselves.
- The child is 16 years old, engaged in entrepreneurial activity or has other confirmed income.
- The birth of a third child, for whom child support must also be paid. Here, the total amount of deductions cannot exceed 50% of income.
- Losing a job due to layoffs.
Any of the reasons must be supported by documents. If there is no evidence, the claims will not be satisfied.
To reduce the amount of payments, it is necessary to file a claim with the court that previously made a decision on alimony. It states the following:
- name of the judicial authority;
- Full name, registration address of the plaintiff and defendant;
- passport details and telephone number of the plaintiff;
- information from a past court decision;
- on what basis should alimony be reduced;
- in what amount of payments were previously assigned;
- claims for reduction;
- a list of attached documents.
Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents
The procedure for collecting alimony for two children
The best option is to enter into an alimony agreement with your ex-spouse, but if he hides or cannot come to an agreement, you should go to court:
- Collect a package of documents.
- Submit documents along with the claim to the Magistrates' Court. If there is a debt of more than 50,000 rubles, the documents are sent to the district judge.
- Participate in court hearings. The defendant can ignore them, but payments will be assigned even without his presence.
Finally, the plaintiff is issued a writ of execution - it is provided at the defendant’s place of work or to the bailiff at the father’s registered address.
Required documents
The following must be attached to the claim:
- children's birth certificates;
- passport;
- certificates of registration or divorce;
- salary certificate.
Statement of claim
Statement of claim for the recovery of alimony for two children - download sample
Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents
Procedure for paying alimony
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The order of transfer is usually established by an alimony agreement, or, in the absence of one, by a court decision. According to the law, alimony is used to maintain a decent standard of living that the child had before the parents’ divorce.
In the absence of an agreement, after receiving a court decision and a writ of execution, the claimant transfers the documents to the FSSP, and a specific bailiff is assigned to him, who forcibly collects the money. If necessary, he must take all measures to find the debtor and pay the debt:
- direct the IL to his place of work;
- prohibit travel abroad with a debt amount of 10,000 rubles or more;
- seize a car or real estate when the alimony debt is approximately equal to the value of the property.
The specifics of collecting alimony through bailiffs are regulated by the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings.”
If a woman knows her ex-husband’s place of work, she can directly contact the accounting department with IL. In this case, alimony will be withheld without his consent automatically on a monthly basis and will be credited to her account no later than three days after the payer receives her salary.
Collection of alimony for two children in special cases
Citizens can understand the specifics of calculating alimony by reading practical examples. Formulas depend on specific situations, so it is necessary to study everything in detail.
Alimony from an unemployed person
The payer is not officially employed and is not registered with the Employment Center. He has two children from the same marriage. Payments are assigned in a fixed amount, taking into account the average salary in the region and the cost of living for the child. The amount is determined by the court individually, based on the situation.
If the alimony obligee receives unemployment benefits, alimony is withheld from him. The benefit amount is 5,000 rubles, the payer has two children.
5,000 x 33% = 1,650 rub. payable monthly.
Two children and their mother on maternity leave
The woman is on maternity leave, the children are 1 and 2 years old. The ex-husband earns 50,000 rubles. She files a lawsuit to collect alimony for herself.
50,000 rub. x 33% = 16,500 rub. – the amount of payments transferred to children. The alimony holder is left with 33,500 rubles.
The court satisfies the claim and assigns an additional 15% for the maintenance of the ex-wife:
50,000 x 15% = 7,500 rub.
In total, 24,000 rubles are paid, which is 48% of the salary.
This is also important to know: Paying off alimony debt
There is a third child from his second marriage
The citizen has two children from his first marriage, and a third child was born in his second family. Subsequently, the man divorced, and his second wife collected alimony from him.
For the first two children he paid 33%, for the third he was assigned payments of 25% of the salary. The total is 58%, which violates the requirements of the law - the amount of payments for three minors should not exceed 50%.
To rectify the situation, the man filed a claim to reduce the amount of alimony, received a positive decision, according to which payments to the first two children were reduced to 16.6%, the third child receives the same amount.
Financial difficulties
A man pays child support for two children from a previous marriage, and subsequently has a third child. He loses his job, experiences financial difficulties, and therefore files a lawsuit to reduce alimony and change the method of collection from shared to fixed.
If the claim is granted, the first two children will receive less money before employment. The reduction factor is determined individually.
One turned 18 years old
When a child reaches the age of majority, child support obligations towards him are canceled automatically. Let's look at a detailed example:
A man earns 70,000 rubles, pays 33% of the salary for two children, i.e. 23,100 rubles. The second child turns 18 years old, and from that time the amount of payments decreases from 33% to 25%. In total, 17,500 rubles are deducted from the salary.
If an adult child were disabled since childhood and unable to work, alimony would be paid for life.
https://www.youtube.com/watch?v=NH6HQyofLLI
In the cases specified in Art. 90 of the RF IC, after a divorce, women can demand alimony from their ex-husbands for their own maintenance:
In 2017, the State Duma proposed changes to the legislation. According to the amendments, if the child support provider is declared missing, children should receive state benefits instead of alimony if payments are not transferred by the fathers, while the men themselves are exempt from child support obligations.
The bill caused a lot of controversy, because along with alimony, persistent defaulters also receive exemption from paying fines, so the changes were not adopted.
It was also proposed to impose the obligation to index alimony on employers if ILs are presented at the place of work. The changes have come into force. If this rule is violated, the organization may be subject to administrative liability.
It is important to know!
- Each case is individual and requires special attention. The information presented on the site is general and does not guarantee a solution to your specific problem.
- We carefully monitor changes in legislation and try to make changes in a timely manner, but this does not always happen quickly.
Therefore, 24-hour legal assistance on any issues is available to you FREE OF CHARGE! Ask your question right now!
Child support: new law 2023, fresh changes, minimum amount
The main provisions of family law establishing alimony legal relations will remain the same in 2023. For example, the indexation of alimony will be carried out according to the currently approved rules, and the minimum amount of alimony can only be determined in relation to the calculation method; they do not plan to provide a common numerical value for all.
One of the next likely changes will make it possible for pre-retirees to receive alimony without waiting until retirement age. A number of bills with less clear prospects are also under consideration.
For example, the possibility of depriving the only home to pay for debts, administrative sanctions against security officials who evade alimony payments, and the abolition of deferments from military service for alimony debtors are being considered.
Photo pixabay.com
Child support law in 2023: what will not change
No major changes to family legislation are planned for 2023 regarding the rules for the emergence and implementation of responsibilities of family members (parents and children, spouses and others) for mutual maintenance.
In particular, the following basic principles will remain unchanged:
- Methods for assigning funds for maintenance:
- as a percentage (or in shares) of the payer’s total earnings;
- in a fixed amount - in proportion to the corresponding cost of living;
- in a mixed way - both in a fixed amount and as a percentage.
- Procedure for collecting alimony payments:
- The procedure and conditions for carrying out enforcement proceedings for the collection of alimony:
- initiation of enforcement proceedings on the basis of a writ of execution;
- rules for its termination, suspension and termination;
- regulations on the powers of bailiffs.
Indexation of alimony in a fixed amount of money
In accordance with Part 1 of Art. 117 of the Family Code (FC) of the Russian Federation (as amended on November 14, 2017), the indexation of alimony in a fixed amount will continue to be carried out by the employer of the alimony payer, and if the latter does not have an official place of work, by a bailiff.
It will be useful for each recipient to know exactly how alimony payments are indexed.
Let's start with the fact that in a fixed amount of money, alimony is assigned in proportion to the subsistence minimum (ML) approved in the recipient's region of residence for the socio-demographic group to which he belongs (in the absence of a LM for a specific subject of the Russian Federation, the national average is used).
The amount of the monthly minimum is reviewed quarterly , and with the same frequency, alimony payments must be indexed. If this does not happen, you should contact the payer’s employer or the body of the Federal Bailiff Service (FSSP) conducting enforcement proceedings with a corresponding application.
It is important to note that recalculation of the fixed amount of alimony is possible only upward . If the PM indicator falls, then the previously established amount of alimony remains the same.
This approach is provided for by the UK and is additionally mentioned in clause 5.
2 “Methodological recommendations on the procedure for fulfilling the requirements of executive documents on the collection of alimony,” which were approved by the FSSP letter No. 01-16 dated June 19, 2012.
Minimum child support in 2023
If we talk about the concept of the minimum alimony that the recipient can count on, then in fact no specific amount is spelled out in the law .
Determining the amount of maintenance funds depends on many factors, individual for each situation .
When collecting alimony, the capabilities and needs of both parties are taken into account, but in controversial cases, the interests of the minor child are always considered paramount.
However, guided by the principles for assigning alimony payments, it is possible to calculate the approximate minimum amount of alimony in 2023 for each of the methods: as a share of income or as a fixed sum of money (in particular, if the father does not work).
It should not be forgotten that either party can at any time file a claim to increase or decrease the amount of alimony payments if there are sufficiently compelling reasons.
Examples of calculations
The final amount of alimony in shares (or percentages) directly depends on the payer’s earnings.
This method of collection applies only to official stable income, which, by definition, cannot be less than the minimum wage .
Starting from January 1, 2023, the minimum wage approved throughout Russia will be equal to 11,280 rubles. Since alimony payments are calculated after personal income tax is withheld from wages , the calculation will look like this:
Number of children Calculation procedure and final amount of alimony| 1 | 11280 rub. — 13% = 9813.60 rub. 9813.60 / 4 = 2453.40 rub. |
| 2 | 11280 rub. — 13% = 9813.60 rub. 9813.60 / 3 = 3271.20 rub. |
| 3 or more | 11280 rub. — 13% = 9813.60 rub. 9813.60 / 2 = 4906.80 rub. |
In turn, the amount of alimony in a fixed amount, as mentioned earlier, directly depends on the cost of living in a particular region for the socio-demographic status of the recipient. It will be most clear to consider the issue using the example of collecting child support payments.
Example
The cost of living per child in the Trans-Baikal Territory for the third quarter of 2018 was set at 11,704 rubles.
Since parents are equally obliged to support their minor children, this amount must be divided in half: 11,704 / 2 = 5,852 rubles.
In the event of an increase in the indicator of children's monthly income in the fourth quarter of 2018, the assigned amount of alimony must be indexed.
Can they take away an apartment for alimony?
There is no clear answer on this issue regarding the prospects for 2023. Under current legislation, it is currently impossible to foreclose on the alimony debt against the defaulter’s only home . However, the situation may change as early as 2023.
Initially, the issue of the need to limit “property immunity” was raised in the Resolution of the Constitutional Court of the Russian Federation No. 11-P dated May 14, 2012. Moreover, the document does not refer to any residential premises, but only to those that “clearly exceed the level sufficient to satisfy the reasonable needs” of the defaulter and his family members.
Of course, no one will be left completely homeless. When selling a previous luxury apartment or house, the former owner is required to provide another , smaller area, or allocate part of the proceeds to purchase a new one, more modest in size than the one seized.
However, the situations in which such a measure would be applicable have not yet been definitively determined. At first, the Ministry of Justice proposed using this procedure for socially significant debts (primarily alimony), then for any, but only in cases of official bankruptcy of the defaulter .
If alimony is not paid, the bankrupt status does not allow the debt to be written off , much less freed from the obligation to further support children, and if the bill is adopted in the latest announced version, it can further aggravate the debtor’s situation. Without being bankrupt, he will be able to retain any single apartment or house. But in 2023, this statement may be radically revised.
New law on alimony for pre-retirees in 2023
According to preliminary data, from January 1, 2023, a law should come into force giving the right to receive alimony to needy persons of pre-retirement age, namely: women who have reached 55 years of age and men who have reached 60 years of age . It is this bill that makes a corresponding amendment to the Family Code of the Russian Federation and was adopted by the State Duma in the first reading in November 2018.
The need to make changes to the insurance system is due to an increase in the retirement age planned from 2023. According to current legislation, not only children under 18 years of age, but also disabled adults in need have the right to receive alimony.
These, according to paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 56 “On the application of legislation by courts when considering cases related to the collection of alimony”, are pensioners and disabled people I, II and III .
In fact, the new law allows you to retain the opportunity to claim alimony at the same age as before the pension reform. This directly affects the emergence of alimony obligations in relation to needy parents - according to Art. 87 SK, to spouses and former spouses - Art. 89 and art. 90 SK, respectively, to other family members - in accordance with Ch. 15 SK.
Administrative liability for non-payment of alimony for security forces
In 2023, the Ministry of Justice plans to amend Art. 2.5 and art. 5.35.1 of the Code of the Russian Federation on Administrative Offenses (CAO).
This need arose because, according to the current legislation, contract military personnel and certified employees of law enforcement agencies (Ministry of Internal Affairs, Federal Penitentiary Service, National Guard, Customs Service, Investigative Committee and Ministry of Emergency Situations) bear only disciplinary liability.
This approach allows these representatives of law enforcement agencies to neglect the responsibilities of supporting children or disabled parents without incurring administrative penalties for this.
For all other citizens, the following alternative types of liability are provided for failure to pay child support or parental support:
- up to 150 hours of compulsory work;
- from 10 to 15 days of administrative arrest;
- administrative fine equal to 20,000 rubles.
However, as of the end of December 2018, the Ministry of Justice had not yet reported any details regarding the essence of the amendments themselves or statistical data on security officials who default on alimony payments.
Deprivation of deferment from the army of alimony debtors
Another bill proposes to abolish in 2023 the deferment from military service for fathers of two or more children (or one child, but if the wife is pregnant for at least 26 weeks).
The Government of the Russian Federation has already approved this document, but with some conditions: in particular, it is necessary to extend the provisions of the draft law to situations with non-payment of alimony debt for a disabled child under 3 years of age . In addition, the Cabinet of Ministers recommends making various technical adjustments to the bill.
In the current wording of the document, it is assumed that military commissariats will request information from the territorial divisions of the FSSP about the existence and status of enforcement proceedings for the collection of alimony.
But most likely, when the bill is finalized, the list of sources will be increased for maximum completeness and reliability of information regarding the actual fulfillment of alimony obligations.
Alimony for a non-working ex-spouse
At the end of 2018, the Chairman of the National Parental Committee, Irina Volynets, sent an initiative to the Ministry of Labor, which proposed paying alimony not only for children, but also for a non-working ex-spouse with whom the children remained, regardless of their age. It is assumed that the amount of alimony will be calculated from the minimum wage and must be at least 1.0 of the established minimum wage .
According to this proposal, the former spouse will have to be supported until the youngest of the children reaches the age of majority or until the recipient of alimony gets a job. Moreover, the payer will need to be informed about the employment in documents, otherwise he will only be able to appeal the payments in court.
However, this initiative has a very one-sided approach to the problem: experts express fears that, if it is necessary to support several children and a former spouse, the alimony payer himself will have nothing to live on. In addition, under such conditions, a former spouse with children most likely will not rush to find a job, even if there are opportunities for this, and the money may be spent not only for the benefit of the children.
What is child support for one child in Ukraine?
Only the judicial panel has the right to change the amount of minimum alimony in Ukraine if the applicant provides serious arguments. The law allows changes to this provision if the amount was previously drawn up by mutual agreement or was decided by a judicial authority. Both the recipient of funds and the payer of alimony have the right to apply to the court with such a request.
What is the amount of minimum alimony in Ukraine that will be in effect in 2023?
Good afternoon !! While I was working, I was paying alimony from work, now I’m unemployed, I pay my ex on her social card, I save the receipts, I pay 500 UAH each. Do I need to keep these receipts with the enforcement service to confirm payment of alimony? I’m going abroad, will my ex be able to stop me from going? help me please !
Minimum child support in Ukraine
- income level, presence or absence of real estate, general well-being;
- the total number of dependents who are recipients of alimony payments, including: parents, spouses, children;
- level of financial security of the child or children;
- other aspects, for example, the need to spend financial resources on treatment and education of children.
Child support in Ukraine: everything you need to know
Hello, Natalia. To advise you on this issue, it is necessary to clarify the following: - on what basis are these accruals made to you (what documents do you have on hand)? - if you have a court decision to collect alimony, then write the operative part of the decision - what the court awarded.
- Is the alimony payer currently working or is he unemployed?
Simply Alimenty
The adoption of amendments to the current legislation is due to the low level of collection of funds in favor of children by divorced or separated parents. But many of the points remained unchanged. And in the coming year, paperwork for such debts will take place on the basis of the following important principles:
Child support new law 2023
How to calculate child support and arrears for it from an unemployed parent, especially when he also did not work during the period the obligations arose? In this case, alimony obligations are calculated based on the average salary in the area.
Child support in Ukraine
“As for a separate bank account for a child, it can be opened at any age, but you can manage them from the age of 14. A minor child (14-18 years old) has the right to independently receive and manage alimony in accordance with the Civil Code,” says Yaroslava Borka.
Alimony in Ukraine 2023: amount, terms and penalties
- which parent will pay child support;
- in whose favor alimony payments will be made;
- in what form will alimony payments be made (in a flat amount or as a share of income);
- regularity of alimony payments (once a month, six months, a year or one-time);
- additional conditions (purchases for the child, payment for services used by the child (nanny, tutor, sports section, music school) in addition to alimony payments);
- conditions for termination of alimony payments (for example, remarriage of the parent with whom the child lives, employment of the child);
- duration of the agreement.
How much child support is due in 2023?
Very often there are cases when an unscrupulous parent hides his income from the family and the state, pretends to be unemployed, or even does not work anywhere. In some situations, it is possible to deal with such dishonest citizens by filing a corresponding statement of claim with the Executive Service.
You can also download a sample application on the website of the Executive Service. Employees of this service will search for the defaulting spouse, establish his real level of income and force him to pay.
As a rule, the last resort is for the state to withdraw a percentage of wages or other permanent income and retain it for the benefit of the family.
Amount and procedure for alimony payments in Ukraine in 2023
But the most important thing is that the law introduced changes to the Family Code of Ukraine, according to which “alimony received for a child is the property of the child.” It has been established that the parent or other legal representative of the child in whose name alimony is paid manages the money exclusively in the interests of the minor.
A new minimum amount of alimony per child in Ukraine has been named
Alimony is funds that are the financial obligations of the payer, the purpose of which is to provide the child with the necessities. Minimum alimony payments depend on the financial condition of the payer. All payers are divided into two groups :
Minimum amount of child support in 2023
A lawyer will provide you with qualified legal assistance in drawing up a claim for the collection of alimony, drawing up an agreement on the amount of alimony for a child, representation services in court for the collection of alimony, and protection against unreasonably inflated amounts of alimony.
Minimum child support in Ukraine
- illness of a child who needs to undergo paid medical procedures;
- additional training is required for the child;
- inflation;
- change of place of work or increase in earnings of the alimony payer;
- other circumstances that require increasing the amount of funds for the needs of the child.
What is the amount of alimony in Ukraine?
For children under 6 years of age, the cost of living from May 1 is 1,426 hryvnia, from December 1 - 1,492 hryvnia. Accordingly, according to current legislation, the minimum alimony for children would be 428 UAH from May and 447 UAH from December. Taking into account the adopted document, the level of payments in favor of the child will be at least 713 UAH from May and 746 UAH from December.
Ukraine has increased the minimum amount of child support
In any case, is child support awarded? When he lives separately from the second parent.
At the same time, it is not necessary that the parents have divorced, Anna Lindina, an assistant lawyer at the Dmitry Alexandrov law office, noted in a comment to the 24 website.
Both a minor and an adult child can receive alimony in cases provided for by law.
Blog of lawyer Bezukh Maxim Igorevich
The minimum amount of alimony in 2023 for one child in
Child support: new in the law for 2023 The responsibility of parents is to support their common children and provide them with financial support. If the mother and father are divorced, one of the parents must pay child support.
The legislation of the Russian Federation is constantly changing - what was relevant in 2018 becomes outdated, and it is replaced by innovations in 2023. From our article you can learn about all the innovations and nuances.
The new legislation of 2023 does not differ much from the provisions for 2018 - however, a number of innovations will still appear, and they should be mentioned. Certain issues have not received approval in the State Duma and are still in the status of bills.
Other issues require serious improvements and cannot yet be considered generally accepted. Let’s figure out what changes to alimony are being prepared to come into force on January 1, 2023, and what will be adopted a little later.
Minimum amount of child support
Every year the state faces a serious problem - evasion of child support payments.
At the moment, legislation may impose on the payer an obligation to pay a monthly amount of money if he falls into one of the following categories: When considering such cases, the judge, as a rule, is guided by the cost of living established at the time of the hearing in a particular region.
- The main principles of this law are the obligation to support children.
- It applies to both the mother and the father, regardless of: Often, the judge obliges the payer to pay a sum of money equal to half the subsistence level.
- Nowadays, controversial issues often arise that make it difficult to determine the amount.
- The final authority in considering the issue of alimony payments is the court.
- The verdict is made by the judge, when making a decision on the case, taking into account all the circumstances.
- When officially employed, the amount of payments is automatically determined from which sources the funds will be withheld: Alimony payments are indexed (that is, increased) in order to compensate the recipient for the constant rise in consumer prices.
- It is important to note that indexation of alimony in the TDS occurs only when the PM indicator increases, and when it decreases, the amount of alimony payments does not decrease, but remains the same.
- Previously, until November 2017, the responsibility to monitor and index alimony lay with bailiffs.
- However, it was carried out rather ineffectively: a large number of recipients were left without indexation and did not even know about the existence of their right to it.
Minimum amount of child support
- This amount accumulates every month and is not written off in the future.
- When payments are absent for a long time, proceedings may be initiated against the alimony payer to collect alimony, up to and including seizure of property in favor of the child.
- In this area, the state has already provided for various sanctions for evading the payment of alimony.
- These could be: As a rule, when setting monthly contributions, the court is guided by the average salary per capita.
- Many experts agree that the new 2023 law on child support taking into account the cost of living is unlikely to be adopted.
- The law is too crude and, in the form in which it is presented, does not take into account many social factors.
- The amount can be agreed upon in advance, with approximate calculations of everything necessary, but the father pays half of the expenses, because the parents bear the financial burden in half.
- Collection by court decision is carried out after filing a statement of claim, to which a package of documents must be attached.
- The court takes into account not only the plaintiff’s arguments, but also the defendant’s arguments.
- He is obliged to impartially consider all existing circumstances, take into account the local minimum amount of payments, the number of interested children, and the financial situation of both parties.
- The writ of execution will indicate the amount of alimony by court decision, determined taking into account all components.
- Amount of alimony by court decision In the Republic of Kazakhstan, a third of the income is also paid for two children, but accompanying circumstances can be taken into account, such as the presence of other minor children or a difficult financial situation.
- The minimum amount is set individually and depends on the capabilities of the defendant and the needs of the recipient.
- Despite the work of bailiffs, debts do not disappear anywhere, and if they decrease, it is not as quickly as the recipients of funds would like.
- To facilitate enforcement, a new division of the FSSP was created - it deals exclusively with alimony and interacts with draft dodgers.
- Payment of child support is an obligation, not a desire of the parents.
If the father has no official job or income at all, this does not relieve him of his obligations to the mother and children (see Innovations in the 2023 child support law answer the question of how will unemployed fathers and mothers pay child support?
- Starting from the new year, territorial branches of the SSP will be able to assist citizens in finding employment.
- If the bill comes into force, bailiffs will have the right to: It is planned that such measures will reduce unemployment and make up for arrears in child support.
- The government is preparing another innovation that is unlikely to please those of military age.
- Initially, it was planned to resort to such a measure only in relation to persistent defaulters in socially significant enforcement proceedings, which primarily include alimony.
- However, a detailed study of many aspects of this issue is required: for example, it is impossible to leave a person and his family members completely without a home.
- When the court makes decisions on the sale of housing, it is necessary to simultaneously consider the issue of purchasing the debtor another place of residence, a smaller one, which also has a number of legislative nuances.
Debtors living in modest-sized houses and apartments should not worry: even if the bill comes into force, such an innovation will not affect them. 2.5 of the Code of Administrative Offenses (CAO) of the Russian Federation.
Amount and rules for paying child support for one child in 2023 Regardless of whether the parents are in an officially registered marriage, live together or have filed for divorce, their children should not be left without proper care or without material support.
Minimum amount of child support
Debtors living in modest-sized houses and apartments should not worry: even if the bill comes into force, such an innovation will not affect them. 2.5 of the Code of Administrative Offenses (CAO) of the Russian Federation.
- Amount and rules for paying child support for one child in 2023 Regardless of whether the parents are in an officially registered marriage, live together or have filed for divorce, their children should not be left without proper care or without material support.
- That is why, at the legislative level, there is a norm for collecting alimony from a parent who does not live together with the child or evades his parental responsibilities.
- In particular, the parental rights of the mother are established according to medical documents confirming the fact of the birth of the baby, and the rights of the father according to the marriage certificate, according to which he will be considered the father automatically, even if the couple is divorced, but the baby appears within 300 days from the date of divorce marriage.
- If the couple has not officially formalized their relationship, then paternity is established upon registration of the baby in the Civil Registry Office on the basis of an application submitted by the father with a request to recognize his rights or a court decision if the biological father refuses to recognize his responsibilities.
- That is, parental rights essentially arise on the basis of documentary evidence, the same birth certificate in which both the mother and father are indicated.
- Although in some cases, parental rights can be transferred to other persons.
- This amount will be calculated regardless of the financial well-being of the parents.
- The reaction to such an initiative is ambiguous, because the real average income in the regions of the Russian Federation for many payers is lower.
- The minimum amount of child support in 2018 may be a fraction of the subsistence level.
- A parent's lack of funds does not relieve him of the obligation to provide financial support for his children.
- Alimony from a non-working father can be withheld in a fixed amount, as well as as part of the average salary in Russia.
Child support in 2023 size Primorsky Krai
- The court may, before making a decision, at any time after the plaintiff submits an application, make an order for the collection of alimony if the defendant clearly evades the obligation to support the children.
- Alimony can be recovered for the period preceding the filing of the application within 3 years, if the court can establish that the plaintiff has taken measures to receive it (telegrams, emails) and the absence of such payments.
- The period for consideration of a claim for the collection of alimony is 30 days, an application for the issuance of a court order is 5 days.
- The period for the employer to withhold alimony from the payer and transfer it to the recipient’s account is no more than 3 days from the date of payment of wages.
- Payment of alimony can be made in the amount established by a joint agreement between the child’s parents.
- Fictitious marriage.
The minimum amount of child support in the Primorsky Territory
Many people do not know that, according to the law, the unemployed must also pay child support. And not a penny, since the average salary in Russia is taken as the basis - the ruble. A significant portion of the work of the bailiff service is the execution of proceedings for the collection of alimony.
Since the beginning of the year, such cases have been initiated, in total -
Minimum amount of child support in 2023
After the divorce process is completed, the party with whom the minor family member remains living has the right to receive alimony.
Attention
Initially, it is necessary to recall that alimony is paid not only for the maintenance of minor children, but also for people who, due to their mental or physical disabilities, as well as age, cannot earn their own money on their own. The amount of this penalty is determined in court or by agreement of the parties. If they were unable to resolve this issue on their own, then the amount of alimony is deducted from the income of the party obligated to pay it.
If a parent was fired from his previous place of work and now has no income, then these factors do not relieve this subject of the obligation to pay child support.
Child support amount
Employers in Primorye are required to focus on the federal minimum wage, since the regional authorities do not establish a separate “minimum wage” in the region.
Citizens in the Primorsky Territory and Vladivostok are entitled to some additional charges.
Child benefits for children in Primorsky Krai and Vladivostok in 2023
Employers in Primorye are required to focus on the federal minimum wage, since the regional authorities do not establish a separate “minimum wage” in the region. We will tell you what the minimum wage is in the Primorsky Territory from May 1, 2023 and how to apply the regional coefficient to it.
Mort in the Primorsky Territory from May 1, 2023
The payer must attach to the application an agreement or writ of execution for payment, which indicates the minimum payment of child support as a percentage of the salary. It is worth noting that it cannot be lower than the minimum wage, which in 2023 was 8,800 rubles.
Minimum amount of child support in 2023
From January 1, 2022
According to preliminary data, a law giving the right to receive alimony to needy persons of pre-retirement age, namely: women who have reached 55 years of age and men who have reached 60 years of age, should come into force on January 1 of this year.
It is this bill that makes a corresponding amendment to the Family Code of the Russian Federation and was adopted by the State Duma in the first reading in November of this year.
The need to make changes to the insurance system is due to an increase in the retirement age planned from this year.
According to current legislation, not only children under 18 years of age, but also disabled adults in need have the right to receive alimony. Such, according to paragraph.
In fact, the new law allows you to retain the opportunity to claim alimony at the same age as before the pension reform.
This directly affects the emergence of alimony obligations in relation to needy parents - according to Art.
In the current wording of the document, it is assumed that military commissariats will request information from the territorial divisions of the FSSP about the existence and status of enforcement proceedings for the collection of alimony.
But most likely, when the bill is finalized, the list of sources will be increased for maximum completeness and reliability of information regarding the actual fulfillment of alimony obligations.
At the end of the year, the Chairman of the National Parental Committee, Irina Volynets, sent an initiative to the Ministry of Labor, which proposes to pay alimony not only for children, but also for a non-working ex-spouse to the spouse with whom the children remained, regardless of their age.
It is assumed that the amount of alimony will be calculated from the minimum wage and must be at least 1.0 of the established minimum wage.
Minimum amount of child support 2023 in Primorsky Krai
In accordance with Federal Law 82-FZ, the minimum wage - minimum wage - at the federal level is established by the Government of the Russian Federation at least once a year. Its figure according to Art. 133 of the Labor Code of the Russian Federation is tied to the subsistence level. And the cost of living, in turn, is the monthly cost of the required volume of goods, services and payments.
So the relationship is obvious: you need to receive as much as you need to spend.
Mrot in the Primorsky Territory
As is known, alimony can be assigned in two ways - by the parents themselves (by concluding an alimony agreement) and by the court (when one of the parents applies to the court with an application). Let's consider what the minimum amount of alimony will be in each case.
Minimum amount of child support in 2023
- The population of Primorsky Krai is almost two million inhabitants.
- Photo by pixabay.
- First of all, we note that the minimum amount of alimony, as such, is not enshrined in Russian legislation, and this amount fluctuates depending on the social and economic status of the alimony payer.
The amount of alimony in a divorce is one of the most pressing issues. The family budget is shrinking, and the child’s needs are only growing over time, so the parent who remains with the children, as a rule, finds himself in a difficult situation and is interested in help from his ex-spouse.
In the Russian Federation, alimony can be assigned as a percentage of income or as a fixed sum of money.
The minimum amount of alimony in the Primorsky Territory
The main provisions of family law establishing alimony legal relations will remain the same this year.
If the father receives unemployment benefits, then payments are calculated from this income. In any case, alimony will be collected from the unemployed.
Maximum size
Maximum accruals are not regulated by law, but in fact they should not exceed half of the monthly salary. Sometimes the court obliges the alimony payer to pay 50% of earnings for the maintenance of one heir, which is explained by the presence of debts on the part of the payer.
Alimony in a fixed amount in 2023: ways to collect it
If the spouses have not agreed on monetary allowance for the minor, then the one with whom the child remains has the right to demand monthly assistance from the second spouse. If the spouse does not have regular income or it is different every month, then the court usually imposes fixed penalties.
Sometimes the father receives his salary in foreign currency, which also makes it difficult to determine a quarter of the monthly income.
In order not to violate the interests of a minor under Art. 83 SK payments are established in hard monetary terms. Typically, financial assistance is assigned with the expectation of maximizing the interests of the children. In this case, fixed assistance is subject to indexation according to the rules prescribed in the Family Code.
Indexation of alimony
According to the Family Code (Article 117), fixed penalties are subject to indexation in order to compensate alimony recipients for the difference associated with the constant rise in prices. But a certain algorithm is prescribed here too. Thus, alimony indexation is carried out only after the monthly minimum has been increased.
The total amount of payment for all offspring, when there are several of them, is also determined by the payment established by law, and the payment is determined in accordance with the cost of living in a particular region.
- If the spouses were unable to agree on a specific form of payment agreement, then they, as a rule, turn to the courts, where a certain procedure and amount of payments are established.
- If the alimony payer is officially employed, then deductions amount to a quarter of his official salary.
- If the alimony payer did not provide information about employment, then under Art. 81, 106 and 83 of the RF IC, a fixed payment is assigned.
The legislative system regulating such benefits and penalties for them is still imperfect.
According to this proposal, the former spouse will have to be supported until the youngest of the children reaches the age of majority or until the recipient of alimony gets a job. Moreover, the payer will need to be informed about the employment in documents, otherwise he will only be able to appeal the payments in court.
However, this initiative has a very one-sided approach to the problem: experts express fears that, if it is necessary to support several children and a former spouse, the alimony payer himself will have nothing to live on. In addition, under such conditions, a former spouse with children most likely will not rush to find a job, even if there are opportunities for this, and the money may be spent not only for the benefit of the children.
Application for divorce. Divorce documents. How to quickly divorce. In the registry office. Judicially. Through government services. Through MFC. Divorce in the magistrate's court.
Let's start with the fact that in a fixed amount of money, alimony is assigned in proportion to the minimum subsistence minimum minimum wage approved in the recipient's region of residence for the socio-demographic group to which he belongs; in the absence of a minimum wage for a specific subject of the Russian Federation, the national average is used.
The amount of the monthly minimum is reviewed quarterly, and with the same frequency, alimony payments must be indexed. If this does not happen, you should contact the payer’s employer or the body of the Federal Bailiff Service FSSP conducting enforcement proceedings with a corresponding application.
It is important to note that recalculation of the fixed amount of alimony is possible only upward. If the PM indicator falls, then the previously established amount of alimony remains the same.
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