Maintenances for two children from different marriages, like alimonys for two children from different marriages

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• Contents
• How do child support from different marriages go?
  Support for two children from different mothers
  Samples of documents

In order to determine the amount of monthly parental allowances for children, it is not important how many marriages they were born in; the proportion of each is affected only by the total number of children who need the financial support of their parents.

Every normal person dreams of family happiness, but not everyone is meant to taste it at the first time, and sometimes at the second and the third.

After each of these failed attempts to create a family home, the flowers of life — children — tend to remain.

To prevent these flowers from fading, they must be continuously fed, providing them with adequate material conditions for their harmonious and full development.

In Ukraine, minimum and maximum monthly payments for maintenance of children by a parent who does not live with them have been approved at the legislative level.

They are calculated on the basis of the minimum amount for which a child of a certain age can live (hard cash form) and the amount that a maintenance worker earns (as a fraction of his earnings).

For more details on all nuances, see the article "How Can You Make Maintenance Work? "

A characteristic feature of child support payments from different marriages is that they are administered through different court decisions, and it is very important in such cases that the rights and interests of children from previous family relationships are not violated when deciding on child support from the last failed marriage.

How child support of this kind is shared

In the award of maintenance for two children from different marriages, the amount of the payments, depending on their form (hard or partial) will be determined by the court in equal shares for each child within the following limits:

Maintenance limits for two children (from one or different marriages) in 2023

No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no.	period of validity of the rule	Up to 6 years of age	6-18 years
Particle from income	Strong monetary form	Particle from income	Strong monetary form
min	max	min	max	min	max	min	max
1

Maintenance for 3 children from different marriages: how much, how much, how much, how much and how much

Every parent realizes that raising and raising three children in our time is a luxury that is not available to many; however, we assume and have life — sometimes it occurs that parents of large families are separated, the burden of raising children falls on the mother's shoulders, and the father is legally obliged to spend half of his income on the maintenance of his former family.

In some cases, three or more babies are born to one parent in different marriages, and he is forced to pay alimony for all, and this article deals with the manner in which child support is paid for three children from different marriages, how much per cent is paid, and the manner in which a parent who is a maintenance payer is recovered.

Conditions necessary for the recovery of maintenance

There are two necessary conditions under which a parent is legally obliged to pay maintenance payments.

The first condition determines the material security of the child by that person - proof of kinship or adoption - one of the following documents is presented to the court for confirmation:

• The birth certificate of the child, which indicates the future payer under the heading "Father";
• A certificate of paternity (is issued by the register office if the parents are not married but the child ' s father acknowledges it);
• Adoption certificate;
• Court decision on recognition of paternity.

The second condition, in accordance with the law, establishes the obligation of the parent to provide the minor with material benefits only until the minor becomes capable and self-sufficient, and there have been disputes among legislators since 2015 to raise the age of support for children and students in day-care centres of higher and vocational education to 24 years.

This is due to the fact that, when they reach the age of 18, few children are immediately able to feed themselves, young people seek a profession and cannot earn money while they are studying, so they continue to need material support from their parents.

Even when it comes to the recovery of child support for three children from different marriages, it is possible to know how much per cent a parent who does not live with them is obliged to pay.

How much per cent is established by law

According to the provision of the Family Code, if children are born in the same family to a single father, the payment procedure, which is usually established by the courts, is as follows:

• per 25 per cent;
• For two children, 33 per cent;
• For three or more children, 50 per cent.

Interest is paid on the income of the parent who is obliged to pay maintenance to the children, while the court also considers the particular situation, taking into account the financial well-being of the carer, social status, material status, health condition, needs of the children, and on the basis of these details it is possible to increase or reduce the amount of maintenance payments.

Means of withholding part of the income for maintenance

Depending on the situation, the court determines the method of calculating maintenance in one of two ways:

1. The parent is required to pay a quarter, a third or half of the income as maintenance, depending on the number of children, and the income includes not only official wages but also bonuses, allowances, fees, pensions, scholarships, various benefits; the retention is also recovered from the income of the entrepreneur and any other regular income confirmed; if the child ' s father is unemployed, the child ' s alimony will be recovered from the unemployment benefit; and if he is not on the labour exchange, the payment will be calculated in the same manner as in all cases where the payer ' s income is not constant; therefore, in this way, the court will impose a penalty on those respondents who have stable income from whom maintenance may accrue monthly.
2. Fixed (hard) amount: This type of calculation of maintenance payments is used when the defendant does not have a permanent official income, or the confirmed income is too low, or the work is paid in foreign currency or in kind, and this will be done if the court has reason to allow the defendant to have unconfirmed income.

It matters!In calculating maintenance retention as a share of income, it is necessary that the payer ' s income should not be lower than the SMIC.

Note that the law sets a minimum threshold under which alimony must be paid, but the maximum amount is not limited.

Thus, parents may voluntarily agree on larger amounts as well as enter into arrangements in a maintenance agreement certified by a notary.

In addition, additional funds may be paid in excess of the court ' s established funds without documenting them or determining the regularity — for example, in the case of one-time income.

How child support is distributed from marriage to marriage

Such situations as the division of maintenance between multiple families arise, albeit not often, but it is only natural for parents to want to know how child support is divided into two children from different marriages or if there are more children.

If the necessary conditions are met for the obligation to pay maintenance (children or adopted children and minors) all children have the right to receive maintenance from the father, regardless of whether the mother or all three of them are born to different women; however, if the three children live in different families, the law allocates alimony differently from that of the children living with the same mother.

Calculation example

While 25 per cent per child and 50 per cent per three children are to be paid, half of the payer's income, divided into three children, is 16.5 per cent.

And if the father originally paid alimony for the first child, and they were a quarter of his income, with the second and third children, who also had to pay alimony, he had to apply to the court for a review of the older child ' s share of maintenance from 25 to 16.5 per cent.

The situation where alimony is divided into a second child from a second marriage is similar: 50 per cent of the income is shared equally, 16.5 per cent of the child from the first marriage and 33 per cent of the family with two children from the second marriage.

Many mistakenly believe that if the law sets a limit of 50% of the payer ' s income on the distribution of alimony retentions, two children ' s alimony from different marriages will be divided from that share.In reality, the separation is different, according to a legal proportion, 33% for two children, regardless of whether they have one mother or different children.

Thus, it is not difficult to calculate how many children each have in determining maintenance for two different marriages: 33 per cent / 2 = 16.5 per cent for each; thus, the child ' s child ' s alimony is normally no higher than or less than that for the first marriage.

In this case, all children are equally entitled to maintenance payments, justly, and the father is left with 50 per cent of the income to provide for his or her own living needs; on the other hand, the amount paid to each person is often unable to cover the needs of the minor; and in such a situation, the law fully protects the interests of the minor, often unable to protect the interests of the minor.

The maximum amount of maintenance may be more than 50%

The law provides for the possibility to pay maintenance not only for children, but also for their mother if she is in a difficult financial situation, is deprived of her capacity for health reasons, cares for a child up to 3 years of age or can otherwise prove the right to maintenance; in such a situation, the proportion of income retained for maintenance may be as high as 70 per cent.

We have discussed above an example of the calculation of maintenance for two children from different marriages (how much per cent each receives), but it is important to know that not only when a maintenance claim is imposed on a mother can the share of income exceed 50 per cent.

If the parent caring and living with the child can prove the child ' s greater material needs (e.g. if the child requires expensive treatment), the amount may be reviewed by the court in a larger way, even if the child ' s father is a maintenance provider for other children from different marriages, in which case the share of the payer ' s income may be divided and uneven.

Means of recovery of maintenance

In situations where all children live in the same family, the procedure for the recovery of maintenance payments is simple: the father and mother of the children either enter into a maintenance agreement in a notary form or settle the matter in court.

In the event of a court decision, the decision of the court is the basis for issuing the executive notice and referring it to the Enforcement Service, which is followed by an execution proceeding, and it is already the duty of the bailiff to recover maintenance from the payer ' s income or property.

It's much more complicated if the children live in different families and are born of different marriages.

The claimant is usually the mother, in which case there are several claimants and, most likely, several courts through which alimony payments are recovered.

Both maintenance agreements concluded between parents and court decisions or court orders may serve as grounds for recovery.

Maintenance agreement

The child ' s parents make an agreement on the payment of maintenance payments on a voluntary basis, usually all the arrangements between them are made in advance of the visit of the notary, so the essence of the procedure for them is simply to formally document the conditions for the payment of maintenance.

The mandatory elements of the maintenance agreement include an indication of the amount and manner of payment of maintenance payments.

One important condition is that for three children, the proportion of income paid in the form of maintenance cannot be less than 50%, for two children less than 33%, and for one child less than 25%.

Those amounts could not be reduced even on a voluntary basis, and the notary would not accept an agreement with conditions contrary to the law.

Options that parents of three children may agree upon in a notary voluntary maintenance agreement if they so wish:

• Every month, at least 50 per cent of the payer ' s official income (50-70 per cent);
• Each month, in the form of a firm sum (e.g. at least 15,000 roubles);
• Each month, in the form of a sum tied to the SMIC or a subsistence minimum for the region;
• Once in a fixed period of time (e.g. once a quarter, six months or a year), as a firm sum;
• One-time, in the form of a fixed amount or property (machine, apartment, country house).

In addition, parents may agree on a mixed form of maintenance, for example, by dividing it as follows: part will be paid as a share of income or a firm sum, and part will be paid in a different form of material assistance (purchase of goods — toys, things, games, etc., fees in creative and sports sections, nanny, tutors, etc.). No restriction on the type of assistance is laid down by law except for the requirement to pay not less than a fixed percentage of income.

It matters!In a formal agreement certified by a notary under the law, neither the rights of children nor those of parents, including the payer, may be infringed.

Judgement or order

If the recovery of maintenance is judicial, practice has shown that the courts, in most cases, comply with the requirements of the law.

In order to recover maintenance through court, the parent with whom the child lives (or the person representing his or her interests if the children do not live with the parent) applies to the court.

The application must list the grounds for recovery, the amount of claims with documented calculations (checks, receipts, receipts, contracts) and a list of documents attached as evidence of the validity of the plaintiff ' s claims.

Depending on the type of income received by the defendant, it is determined what proportion of it will be allocated to alimony or a fixed amount.

The key point here is that alimony for two or three children from two marriages can no longer be distributed unevenly, except in exceptional cases — before the law, the rights of all children to maintenance payments are the same.

However, as mentioned above, the court may consider on a case-by-case basis situations in which the material needs of a child or his mother are higher, for reasons of health, pregnancy or material hardship.

Not everyone knows, but there is a difference between a court decision and a court order: when a court normally hears a case, a hearing is held in the presence of both parties, and alimony retentions, depending on the situation, are ordered in percentage, hard or mixed form.

In the case of a court order, it is a simple way of imposing a penalty that does not require a meeting of the parties and a hearing of the case with them, the decision is taken by the court alone within five days and provides only alimony in the form of a share of the proceeds; in other words, if the plaintiff understands that as a share in his or her case, it is possible to recover maintenance payments, and this will be in the child ' s best interests, it is appropriate to consider this method of recovery.

Child support from different marriages: How alimony is shared

Today we're going to talk about how child support is divided between different marriages, how the recovery and retention of alimony payments are carried out, how much of the child's mother can count on.

Child support is divided into different types, depending on the method of appointment and the beneficiary. In Russia, most caregivers are expected to help their minor children, born of different mothers, sometimes fathers.

A similar question: "How to reduce alimony at the birth of a second child?"

Should child support be shared equally between marriages?

Parents perform equal duties in providing a common child with the necessary material means, especially material support for a minor child whose parents have divorced is regulated by the Family Code (art. 80-81).

Child support is paid by a parent who lives alone and does not participate in daily education and care.

If the payer is forced to deduct child support from the various marriages from his or her wages, the percentage of contributions is changed by law in terms of the number of children born.

Under article 81 of the Family Code of the Russian Federation, every child, irrespective of the rotation of the marriage, has the right to receive material assistance from his or her parents, as well as alimony given to the other children of the payer.

But if a woman with children from different marriages is interested in "Will I receive equal alimony from all ex-husbands?" the answer is no.

Maintenance for children from different marriages: amount of retention

Under the Family Code, the amount of child support may be specified in a voluntary maintenance agreement certified by a notary, and you can find at this address how to conclude a maintenance agreement.

If the parents have not entered into a maintenance agreement, the father (mother) will be obliged to pay alimony as a percentage of the official income; all the sources of recovery of maintenance are listed in the article on the subject under this reference.

The amount of monthly maintenance, regardless of the marriage in which the child was born, will be as follows:

Number of children	Percentage of retention of maintenance
One child	25% of income - 1/4 wages
Two children	33% of income - 1/3 of wages
Three or more children	50%-70% of income

Child support for different marriages will be equally divided into each child, up to a minimum of the percentage of income indicated in the table of maintenance.

For example, consider the situation where the payer must pay alimony for three children: one child from the first marriage and two from the second; in this case, the percentage of retention of wages will be 50 per cent (half of the income earned), which will be 16.6 per cent for each child.

So child support for the first marriage is 16.6% of the salary, and child support for the second marriage is 33%.

With every newborn baby, the maintenance for the first children will be reduced, with the consent of the father, the amount of maintenance may not change.

The Labour Code of the Russian Federation (art. 138) limits the amount of maintenance paid from the father ' s salary (not more than 70 per cent), thereby preserving the constitutional rights of the payer.

Child support from various alimony marriages

Like child support, child support payments from different marriages can also be processed through a mutual agreement; only in this case must such an agreement be concluded with each child ' s representative separately (mother, father, guardian or other person raising the child independently).

It should be noted that the maintenance agreement must be certified in a notary office, and the notary will verify the consistency of the payments indicated in the document with the time-limits for the transfer of maintenance contained in the documents.

Once a maintenance agreement has been drawn up, the document becomes legally enforceable as an executive document (article 109 of the Family Code of the Russian Federation).

A model of the maintenance agreement and the fill-in rules can be found at this address.

Support for children from different marriages through court

Of course, the most civilized and desirable form of child support through a peace agreement on alimony remains.

However, many parents cannot agree on the regularity and amount of payments, especially child support from different marriages, which is understandable.

Few mothers (spouses of the first marriage) will agree to reduce the child support they receive in favour of the payer's new wife and his children from the second marriage.

Within five working days, the claimant of maintenance will receive a court order; if the payer avoids the payment of maintenance, the beneficiary of the maintenance must apply to the court for an executive notice.

How can you pay child support from marriage to an unemployed father?

Under the Family Code, the payer is obliged to pay child support monthly, even if he or she is not employed and does not have a stable salary, in which case the maintenance payment is based on the average subsistence minimum of the payer ' s region of residence.

Child support from different marriages is regularly indexed with each change in the subsistence minimum, and usually the employer ' s accounting or employment centre, if the father is unemployed, carries out the indexation independently.

Article 120 of the Family Code of the Russian Federation lists the reasons why child/parent/former spouse maintenance payments are terminated; if there is at least one of the maintenance obligations provided for in the rule, the maintenance obligations are automatically cancelled.

In addition, participants in legal relations have the right to initiate judicial termination of payments on their own, but judicial practice has shown that the courts rarely grant such claims.

This is because alimony is a way to protect the property rights of children and persons unable to work, so the judge must be guided by the interests of a citizen who needs additional financial support.

Conclusion

Regardless of the marriage in which the child is born, all children have equal rights to maintenance from the father.

Thus, child support for different marriages is arranged separately for each recipient and is shared equally among all children; judicial practice allows for rare cases in which the proportion of one child may be increased due to life circumstances.

An action for the recovery of maintenance shall be brought before the Magistrate ' s Court at the place where the claimant or payer is registered.