Amount of maintenance per three children: per cent, maximum

The obligation to pay maintenance means that there are specific conditions; children from different marriages (native or adopted) are entitled to alimony if the facts of the relationship or adoption are documented; these include:

• The birth certificate (with the father ' s name mandatory) or the adoption document (the act of adoption);
• If available, a document confirming the official determination of paternity issued by the registry authorities;
• If there is one, the determination of paternity is confirmed by a court decision.

The deduction of child support for three children is permissible for minors, with the exception of those who are unable to work (disabled) and who need life support; for these categories of persons, the fact of majority is not a condition for the termination of maintenance payments; some situations require individual judicial review.

Child support from various marriages, regardless of their number, is regulated by law.

Distribution and amount of maintenance payments

Family law provides for the following options:

• The amount of child support per three children is the sum of 50 per cent of the debtor's total income;
• The two children are left with 33 per cent;
• One child earns 25 per cent of the payer parent ' s income.

The concept of maintenance for children from different marriages is mixed and is influenced by:

• The material situation and social status of the individual maintenance payer;
• Amount of income with official confirmation on the basis of the relevant documentation from which alimony is deducted;
• The family status and state of health of the maintenance debtor at the time the payments are recovered;
• The standard of living provided for children.

There are two fundamental ways to correctly calculate alimony for three children from different marriages:

1. Determination of the share of maintenance in total income: The category of such income includes wages, scholarships, pension payments, benefits, profits derived from business-related activities. 50 per cent of the total amount of maintenance for children will be deducted from the legal amount of maintenance. 50 per cent of this option can be used by a debtor with a stable monthly income, who is able to pay half of the total income earned as maintenance. The main condition for choosing this method is the provision of data on earnings not lower than the minimum wage in Russia. In 2018, it amounts to about 6,000 roubles, an estimated minimum amount for three children will be about 3,000 roubles.
2. Support for children from different marriages can be expressed in a firm amount: in court, this method of maintenance payments may be chosen for a person who is found to be hiding real income or who has no stable income (also in the case of low official income); child support for different marriages is calculated by applying the amount of the minimum; in this case, the amount may be between three and four.
3. Agreement of a voluntary nature between the two parents: The best way out of this situation if there is an adequate relationship between the former spouses; it allows the alimony payer to pay more than is provided for in the law.

The right choice of the method of recovery for alimony

Child support from different marriages is a process that requires a case-by-case approach in choosing the best way to punish children from a child's rights perspective.

There were cases in which the maximum amount of maintenance had been raised to 70 per cent by decision of the judicial authorities.

This is due not only to the need to provide for the child but also for the mother due to the circumstances (loss of wealth, illness, disability).

The situation is much more difficult in the case of children from different marriages, and the recovery of maintenance is based on completely different executive documents (judicial order, executive record or maintenance agreement).

Consider these options in greater detail.

The amount of maintenance under the maintenance agreement.

The ideal way to solve the problem for children is on a voluntary basis. Such an agreement is drawn up by a notary and must specify the amount of child support and the means for payment (fiscal, non-fiscal, postal, card, etc.). The reduction of the maximum amount of child support for three children is not legally acceptable.

Maintenance may be paid monthly or once; maintenance may be expressed in shares, a specific amount (based on regional or national average wages), alimony may be real or movable property.

Parents can reach agreement on the issue of mixed child support – money with food, stationery, clothing, etc.

Regulation of maintenance by order or court decision.

In the absence of a consensus on the distribution of maintenance and the determination of specific amounts, recourse to the court is desirable, the case is considered on the basis of the circumstances, and the penalty for maintenance is either in percentage or "hard sum" without preference for one of the children.

A departure from the rules established by law in relation to maintenance can only be made in circumstances of special importance: maternity leave for the child ' s mother, precarious financial situation (with documented reductions, reorganization of the enterprise, etc.), deterioration of health, disability.

If such circumstances arose after the judgement (order) had been issued, a re-examination of the case would be required in order to review the facts affecting the determination of a specific amount of maintenance.

Ending child support obligations for three children

Obligations of any kind shall have the period from which they are fixed and the conditions for their termination.

• With the death of the person paying alimony or minor children;
• With children reaching the age of majority and having full legal capacity to support themselves;
• with officially confirmed adoption (adoption).

There are situations in which, over time, only one in three children from different marriages retain the right to receive alimony, in which case the amount of maintenance previously received should be increased from 16.5 per cent to 25 per cent.

Such nuances are usually written in an executive list or agreement.

In the absence of such information, the child ' s mother should repeat the application to the judicial authorities in order to increase the amount of payments previously received.

The procedure for the recovery of maintenance for three children, also from different marriages, on which the payments depend, how do we calculate the amount?

According to the legislation in force in Russia, maintenance obligations are borne by the parent who does not live with the children; in most cases, fathers pay alimony; the amount of maintenance paid for 3 children is not less than 50 per cent of the monthly income of the payer; and consider the question of the allocation and recovery of maintenance for 3 children in more detail.

On what are payments dependent, and how much interest?

The amount of payments depends on many factors and can be changed by a judicial authority.The amount of payments depends on the following points::

• The value of official fixed income;
• Number of dependent children;
• Other maintenance obligations with the payer.

The court may change the amount of the payment, taking into account the following circumstances::

• The defendant ' s lack of income;
• The child ' s disability;
• A parent with whom a minor lives does not have the opportunity to work.

The amount of maintenance, which is recovered through the judicial authority, depends on the official earnings of the alimonyer.Maintenance payments are subject to indexation under the lawThis point is explained in article 117 of the SC of the Russian Federation.

When concluding a voluntary agreement on maintenance, the condition of indexation should be stated in the text of the instrument.

Warning:: If alimony is assigned as a percentage of payer ' s wages, the indexation will occur automatically when monthly income increases.

How do we calculate the amount?

For three or more children, the amount of maintenance is equal to 50 per cent of the official income of the alimonyer.

In certain situations, the judge may take into account the parents ' material situation as well as their state of health and then reduce the amount of the payments (e.g. if the defendant ' s capacity to work is restricted or completely lost).

The plaintiff ' s material position is irrelevant when the judge decidesEven if the mother has a high income, the second parent is obliged to transfer funds to his or her minor children if the dependents are in the care of the mother. The calculation of the alimony payment for the three children is simple enough. Fifty per cent of the amount of the official salary and other confirmed income is transferred monthly to the parent with whom the children live permanently.

If a man has children from different marriages, the money is distributed to each child in equal proportion; three children are kept at 50 per cent and each minor is entitled to 16.66 per cent.

Let's give you an example.A citizen of Karasev, I.V., has a monthly income of 50,000 rubles. 3 children born in different marriage unions are written off monthly by an accountant. The second wife of Karasev gave birth to his fourth daughter and filed for divorce and maintenance payments.

How much change will be made in the amount of maintenance? Karasev's income after the NPFL tax is deducted will be 43,500 rubles. 50% of that amount goes to maintenance, each minor will receive an equal share of 5,437.50 rubles.

How do I collect it?

If the children are born in the same marriage, it is easy to resolve the issue of registration. Parents have the opportunity to agree peacefully by entering into a maintenance agreement in writing and by guaranteeing it to the notary.

If no agreement could be reached, the parent in charge of the children had the right to file a claim with the courts.

In the case of children born in different marriages, maintenance payments shall be made to each of them on the basis of different executive documents:

• Maintenance agreement;
• A court order;
• An executive list.

Agreement

The main condition in determining the amount of maintenance is the following:The amount of maintenance shall not be less than 50 per cent of the father ' s income if the alimony is recovered for three children.

The amount could not be reduced in the event of mutual consent, since the 50 per cent amount was set at the legislative level; the official of the notary would not certify such a document.

Parties have the right to combine various forms of maintenance paymentsFor example, to agree on a one-time payment of money, the transfer of high-value property or assistance on a regular basis (food, clothing, books, toys, etc.) may be possible.

Judgement or order

When the court hears a case, the decision is taken in accordance with the rules of the law in force and, taking into account all the circumstances, the court is awarded either 50 per cent of the defendant ' s monthly income or a firm payment.

If the children are born in different marriages, everyone is entitled to an equal share of the salary.

How are the finances shared by individuals from different marriages?

Such cases are rare, however.All children (native and adopted) are entitled to maintenance payments.

Calculation example:: Suppose the father pays the child ' s alimony from the first marriage in the amount of 25 per cent of the income.

After a while, three more children were born in another marriage, and their mother also served alimony.

The father has to ask the judicial authority to reduce the payment for the first child from 25 per cent to 16.66 per cent so that the total amount for the four children is 50 per cent of the monthly wage.

Situations where monetary penalties exceed half of payer ' s income

If the second parent (e.g. mother) is in a difficult financial situation or has serious illness, the maintenance obligation may be awarded in her favour, in which case the amount of maintenance may be increased from 50 per cent to 70 per cent.

At the legislative level, it is established that:When applying for maintenance, not only the children, but also their mother, have the right to receive maintenance payments.provided that the minor is not more than 3 years of age.

The mother who was on maternity leave could not work and sit with the child at the same time, so the legislature had introduced such a provision.

The ex-husband has the right to apply for alimony from the very beginning of the pregnancy and the judge will take into account the financial situation of the future mother.

If the beneficiary of the maintenance is not employed or is on maternity leave, the claimant shall apply to the judicial authority of the mother for payment and shall be excused from the payment of the federal government service.

The maximum amount of maintenance for minor children is provided for by law; if the mother makes a claim for maintenance in favour of herself and the children at the same time, the amount may be as high as 70 per cent.

In what cases has maintenance been suspended?

Maintenance for three children is suspended in the following cases::

1. Taking care of a child who receives alimony or a father.
2. When children reach the age of majority.
3. When children acquire legal capacity.
4. In the case of adoption by other parents.

In summary, the child ' s birth implies responsibility for his/her upbringing, maintenance and development, and every parent is obliged to allocate money for the maintenance of his/her children; after divorce, the court leaves minors to live with the mother, but this does not exempt the second parent from the payment of maintenance.

Maintenances for 3 children from different marriages: How much should be paid for children from different marriages?

In the award of maintenance, there is the question of the distribution of the amount of money between children and different marriages, and there are a number of nuances in this division, which are discussed in this article.

Support for children from different marriages

It is not unusual for a parent to leave his or her family, but if he or she sets up a new family, he or she must also pay maintenance for his or her children.

Parents must provide for their children in accordance with article 80 of the Russian Federation. Whether these children are born in an official marriage or not, the period of payment is until the children reach the age of 18 years. However, if a disabled child in the first group or takes part in face-to-face education at a higher education institution, the payment may continue after.

How are they processed?

If the father does not refuse to take care of the children, he must make a contract with their mothers for every natural person, that is, every child, provided that all the children are from different mothers; and if three children are from one mother and two from the other, then it is sufficient to conclude only two contracts.

If the father refuses to pay alimony voluntarily, the mother shall bring it before the court and the amount shall be determined by the court, and the other spouse shall do the same.

The Court ' s decisions set out the obligations to each family, namely:

• Amount of payments;
• Periodicity;
• Total period of payment.

However, if such a father also has a minor child from a third marriage whose mother has not filed a maintenance claim, the guardianship authorities must do so for her.

Allowances for children from different families

The amount of salary and other income payments is determined in a specific amount, which is divided into all recipients, and the main rule in determining the amount is the equality of all children.

Benefits for two children

It was important to bear in mind that every child should receive the same amount and should not be paid less than the court had ordered.

According to article 81, the amount of maintenance must be 33% of the father ' s income, and the question arises of alimony for two children from different marriages: how much per child will receive? If payments are divided into two children, each person will receive 16.5% of the father ' s income for alimony.

However, this article of the UK states that if one child is secured, the father must pay him at least one quarter of all his income.

Compensation for three children

How many percent of the child support for three children will each child receive? In this case, the total amount of the payment is increased. The same article 81 of the Family Code states that in the case of child support for three children from different marriages, the parent must pay half of his or her income.

If the amount is equal, each child accounts for 16.6 per cent of the parent ' s income.

• If all three children from different marriages or families are raised in different families, the law requires that 16.6 per cent be listed for each of them;
• If two children are raised by one mother and the third by the other, the father will list 33.2 per cent in the first family and 16.6 per cent in the third.
• All three children from the same mother, in which case, according to the law, she must pay all 50 per cent of her income in one payment, and she must share that amount in equal shares for all children.

If a parent already pays child support and receives a claim for child support for another child, he or she must apply for an adjustment of the amount of the payment.

If the father is unemployed

For the unemployed, it is generally the case that 33 per cent of the unemployment benefit is recovered or that maintenance is recovered in a firm amount, calculated according to the subsistence level and the SMIC.

The living minimum is divided by the size of the SMIC, about 1.2 per child.

The penalty of a fixed sum applies to unemployed persons who are not in the account, and another option for determining the amount of maintenance they are required to pay is the assessment on the basis of their last salary, and he must find a job and pay the maintenance debt.

Payment to a pregnant woman

The woman carrying the defendant ' s child is also entitled to apply for alimony, and the father is obliged to pay it until the child reaches the age of three.

The court will assess the woman ' s need for money, having other children, etc. In this case, the payment will normally be fixed.

Maintenance payments if three, four or more children

In the case of three or more children from different mothers, the amount of the payment is 50 per cent of the father ' s income, but in reality, when two mothers file separate claims, the total amount can reach 66 per cent of the income; according to article 138 of the LC, it does not exceed the upper limit.

Calculation example

How can maintenance for the first child be reduced from 25 per cent to 16.6 per cent or less?

Child support from different marriages may vary in absolute terms for several reasons: first, in the event of a new maintenance relationship.

The increase in the number of children leads to an increase in the percentage of the income that is withdrawn as maintenance, but for every child the payments are reduced. Thus, if maintenance is paid for only one child, it receives 25 per cent of the parent's income.

Secondly, there are a number of circumstances that the court may consider to be reasons for reducing maintenance.

• The payer became disabled in the first or second group;
• The payer ' s income is very high and the statutory interest is very high;
• A maintenance worker has many dependants and their number increases, i.e., when a large share of the income is paid as alimony, he lacks the money to support the rest of the dependants;
• Children are provided by the State; the parent living with them does not spend on their maintenance;
• The child ' s income from property or inheritance is higher than the amount of maintenance paid by the father;
• A sharp and significant decline in father ' s income.

In order to confirm these circumstances, all available documents — birth certificates for new children, a certificate of reduced maintenance income, medical documents confirming his disability-related health problems — must be submitted to the court.

How much do you charge for alimony?

Child support from different marriages is derived from the principal income of the payer – wages, pensions, scholarships, benefits, dividends, profits from business – lump sum payments – bonuses (but not always), remuneration, etc. are not included.

In practice, only the percentage of wages is most often deducted as alimony, because in reality it is often difficult to track all income, some of which are unofficial.

However, if the ex-wife who filed a claim for maintenance has learned of the unrecorded income, she may apply to the court for a recalculation of the amount of the payments.

If the applicant has documents for expensive treatment of the child, the amount of maintenance may be increased.

Payment of a firm sum of money

Another option is to pay maintenance in a solid amount of money, so instead of interest on income, the payer gives a fixed monthly amount, which is tied to the SMIC and changes with a change in the minimum wage.

This approach to the determination of maintenance is generally applied to persons whose income is unstable or unclear.

• The payer does not have a permanent job;
• Wages are unstable, different every month;
• Informal work;
• The calculation is done in kind;
• Foreign currency settlement.

The unemployed person will require 33 per cent of his unemployment benefit.

There are also situations in which the unemployed actually have good shadow income, which is indicated by the purchase of expensive things, in which case the interested party investigates and provides evidence to the court.

Means of recovery of maintenance

There are only two ways: a voluntary agreement between the payer and the parent, the guardian of the recipients, or a lawsuit.

Maintenance agreement

This is a document signed by both parties and certified by a notary, stating the amount of payments and the date, and the maintenance agreement is equivalent to the executive decision of the court.

Judgement or order

A pre-trial alternative to a contract is to try a magistrate ' s case; this is possible if there is no conflict concerning the recognition of paternity and other complications of the case; an application for maintenance is considered by the justice of the peace within five days and a court order is issued.

If the order is violated, the case is referred to the court, where the decision to enforce the payment of maintenance will be taken; if the payer refuses to pay, or if the time limits and amounts of the payment have been violated, the penalty will also be imposed on him.

Article 115 of the UK describes the liability of an unfair payer and also provides for liability in respect of officials who miscalculated and appointed alimony.

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.

Maintenance for 2 children from different marriages: size and calculation

Maintenance for two children from different marriages is considered to be a non-standard monetary compensation procedure and raises many questions.

This article will explain how the total amount of maintenance allowance, which is deducted from the monthly income of a payer who has several children born to different women, should be shared.

In addition, information will be provided on how this amount of cash assistance is determined, as well as on specific examples of life.

Support for children from different marriages

In life, it happens that the parent, who in most cases is the father, leaves the family and has maintenance obligations towards a minor child.

Then, after a while, he starts living with another woman, which causes him to have children, but the family also breaks up, and consequently, with the individual's income, they want to retain alimony benefits.

Under the law, a natural person who has the status of a parent is obliged to provide for all his or her minor daughters and/or sons (article 80 of the Code of Criminal Procedure), even though they were born in or out of wedlock. If the payer currently provides alimony from his or her income to three children and one of them turns 18 years of age, he or she should no longer support him or her financially in such a situation.

How are they processed?

If the parent does not refuse to provide for all his or her children, he or she may enter into maintenance agreements with their mothers.

The agreement should be drawn up separately for each individual, but if, for example, two children of the payer were raised by one woman and three others, two contracts should be drawn up.

However, if a natural person wishes to record in writing the provision of maintenance for children, each of whom lives in different families, agreements must be made for each of them separately.

If the procedure for the recovery of maintenance payments is carried out through the judicial authorities, then it is automatically decided.

After a period of time, the husband does the same for the children of the second marriage, after which another court order and so forth are also issued.

Each order contains the maintenance obligations of the individual relating to each family separately.

The document specifies the amount of money that the payer must allocate, the frequency with which it is required to do so, and the length of time it is required to do so.

If, for example, an individual has a minor son from a third marriage who needs financial support, but his mother does not file a lawsuit for some reason, the guardianship authorities must do so by law.

Allowances for children from different families

With regard to the amount of payments withheld from wages, as well as non-core sources of income of the parent, this is usually a certain amount that is shared among all children.

The principal rule, which is mandatory for the assessment of maintenance for minors by natural persons living in different families who are brothers and/or sisters, states that each of them must be given the same amount; in other words, all children are equal before the law.

Benefits for two children

If, for example, the father of two natural persons born in different marriages has the task of determining the amount of their maintenance, he must bear in mind that the same amount of money must be allocated for one and the same amount for the second child; it must also be borne in mind that the payment of less than the amount that would have been imposed on the claims filed by the mothers is not permissible.

With regard to maintenance for two children who are detained through court, there are several main points:

1. Rule 81 of the articles of the SC of the Russian Federation.The first part of the Act states that the share of the payer ' s earnings to support two minor natural persons (daughters and/or sons) must be one third; in other words, the parent will earn a return of thirty-three per cent less than previously, as it will be retained for maintenance.
2. Every child gets 16.5% each.Since the total amount to be recovered from the parent ' s income is thirty-three per cent, the cash payments for each child need to be divided by two, resulting in 16.5 per cent per individual.

Also, article 81, located in the UK of the Russian Federation, shows that in order to provide for one child, at least one quarter of all types of profit must be granted each month.

A parent already pays 1/4 per month of his money to a minor son, but in time he becomes obliged to provide alimony to a newly born daughter, but also to another family.

In such a situation, 33 per cent of the child ' s income will be retained, which will be equally divided between the children, and thus the first child will receive a slightly lower amount than previously (not 25 per cent but 16.5 per cent).

Compensation for three children

With regard to the determination and allocation of the amount of maintenance payments in situations where the payer is the father (or mother) of three children from different marriages, it is again necessary to seek assistance from article 81 of the Family Code, which states that if a person has three minor children, he must pay half of his earnings for them.

One-second of the profits is 50 per cent. Based on the law on the equality of children, it is clear that this percentage needs to be divided by three. This brings the figure to 16.6 per cent.

• If all three children are born of different marriages or for some reason are simply raised in different families, in order not to have any problems with the law, the payer must list in person for each of them 16.6 per cent of his monthly profits.
• A total of 33.2 per cent for two children and a further 16.6 per cent for another child may be allocated; two children grow up in the same family and have one mother and a third born to another woman; in such a situation, the payer must pay a sum of 33.2 per cent of the income intended to support the two children, which their mother is obliged to spend equally on all, and then carry out another transfer of 16.6 per cent for the third child.
• If all three children of a maintenance payer are from the same woman, the full amount of their maintenance is to be transferred by one cash transfer; the mother must separate the money received by herself by three and then spend it exclusively on the children ' s needs.

If an individual who already pays alimony is obliged to pay for one or more more children, he or she must write a statement of claim containing the request in order to correct the amount of the previous compensation benefit.