How much alimony is paid for one child in 2023, what is the minimum amount of alimony payment for one child now, what is the percentage of alimony for 1 child

In accordance with the legislation of the Russian Federation, the financial support of children is the responsibility of the parents, and it does not matter whether they are legally married, divorced, or have never consolidated their relationship in the registry office. What percentage of income is alimony for one child is established by agreement of the parties or, in the absence of agreement, in court, taking into account the provisions of Article 81 of the Family Code of the Russian Federation.

We will tell you in more detail how child support is paid for 1 child in 2023 (amount) - how much interest to pay on salary and other income, how many years the payments continue and whether their minimum amount is established.

Payment period and payment methods

Funds are paid up to 18 years of age (clause 2 of Article 120 of the Family Code of the Russian Federation) with the exception of cases of emancipation (acquiring full legal capacity before reaching the age of majority). At the same time, parents are required by law to support disabled adult children who need help.

The amount of alimony for 1 child is 25% of the monthly earnings or other income of the parent (Article 81 of the RF IC). Funds are withheld from payments received in rubles.

Types of earnings to withhold:

salary received at the main place of work,
income from part-time work,
fees,
income from real estate rental,
dividends,
temporary disability benefits,
and so on (the full list is contained in Decree of the Government of the Russian Federation of July 18, 1996 N 841).

What amount of child support will ultimately be established by the court also depends on whether the payer has dependents. So, if there is one more child, the payment amount is 33% of income for both children or 16.5% for each.

I would like to note that funds can be recovered not only after a divorce, but also during marriage, and also if a child was born outside of marriage.

When forced to collect alimony, it is necessary to apply for a court order to the magistrates' court (if alimony is collected as a percentage of earnings, and not as a fixed amount). If the defendant does not agree, then the applicant is explained the right to file a claim in court.

Until what age is child support paid if the child is studying and cannot work?

Alimony in a fixed amount

In the absence of official earnings, for seasonal work, receiving wages in foreign currency, or other cases when it is impossible to establish alimony in a shared ratio, collection occurs in a fixed amount of money. The minimum amount is not specified in the law, but the amount is set as a multiple of the subsistence level in the region of residence of the person who receives the funds.

When making appointments, the following are taken into account:

the amount of necessary monthly expenses for a child,
the income level of the parent from whom child support is being collected,
health status of the payer and the minor,
presence of other dependent children.

When applying to court, we recommend submitting a monthly estimate of expenses for the child. When determining the amount to be recovered, it must be remembered that the responsibility for maintenance lies equally with both the father and the mother, therefore the amount received during the calculation must be divided by two.

The employer is obliged to index alimony every quarter in proportion to the increase in the subsistence level of the region of Russia where the recipient lives. In this case, it does not matter who sent the writ of execution to the accounting department - the parent with whom the child lives, or the bailiff.

Agreement of the parties

Parents can determine how much child support they need to pay for one child in 2023 in an agreement, without going to court. The document is subject to notarization and has the force of a writ of execution. The amount specified in the agreement cannot be less than the amount that would be paid in case of collection through the court.

Alimony is subject to indexation in accordance with the agreement specified in the agreement, and in the absence of such provisions on the basis of Article 117 of the RF IC.

By mutual agreement, the parties can change the terms of the agreement at any time. If one party is against making changes to the document, the other party has the right to go to court with this issue.

The agreement may be declared invalid in the event of a significant violation of the terms of the document of the child’s rights.

Documents for divorce in the presence of minor children in 2018-2019. – list

Reducing and changing child support for 1 child

A parent who lives separately from the child and pays funds for his maintenance has the right to apply to the court to reduce the amount of monthly payments. Reasons for reducing the amount:

the presence of other dependents on the payer’s financial support,
disability,
significant decrease in income,
a very high amount of alimony, several times higher than the monthly expenses for the child.

It is impossible to reduce alimony due to the child receiving a survivor's pension, as well as high income of the parent with whom the minor lives.

Minimum payment amount

In 2023, discussions continue on the issue of establishing a minimum amount of alimony payments. In particular, there was a proposal to set a minimum of 15 thousand rubles. The idea did not find support, since this amount exceeds the federal minimum wage (11,280 rubles).

As practice shows, today alimony can range from 1000 to 1500 rubles. For example, when the payer is registered with the employment service and receives unemployment benefits.

At the same time, when calculating alimony for 1 child in 2023, the amount for a non-working father is calculated based on the average salary in Russia at the time of collection.

Thus, for the third quarter of 2018, the average monthly salary in the Russian Federation was 44,700 rubles.

That is, when making a decision on calculating arrears of alimony for 1 child, bailiffs will use an amount equal to 11,175 rubles for each month of non-payment.

Conclusion

To summarize, I would like to emphasize once again that the amount and method of payment of alimony according to Russian laws can be established either voluntarily by agreement of the parties or in court.

At the same time, the minimum amount of alimony for 1 child in 2023 is not established by the legislation of the Russian Federation.

The amount collected depends on the absence or presence of official income of the payer, his marital status, and state of health.

If you have any questions about the collection of alimony, or you would like to find out in detail how to collect or pay alimony for 1 child, we recommend that you contact a lawyer.

Child support in 2023: minimum amount, indexation, payments - Kontur.Accounting

In recent years, alimony obligations in Russia have often been discussed at the state and legislative level. The surge in interest was partly due to the current economic and social situation of citizens in the country. The procedure for paying alimony and the introduction of a fixed or minimum amount to be paid are discussed.

However, in 2023 the legislation remains unchanged. A fixed amount of alimony, equal for everyone, has not yet been introduced even at the draft level: different groups of the population have completely different incomes, and a potential fixed value for some segments of the population may turn out to be unbearable.

The law defines alimony as a means of determining the responsibility of family members to each other and necessary for the fulfillment of certain obligations. Often, the amount of alimony may depend on the payer’s position in society and his monthly income.

Child support payments in 2023

Child support is a mandatory payment. Alimony payers are divided into two groups:

Those who do it voluntarily;
Those who do not want to pay, then debt collection from the payer occurs in court;

Payers who agree to pay alimony voluntarily, as a rule, negotiate amicably with the other party on the amount of payments. If the amount of alimony cannot be agreed upon, this issue is resolved in court.

Typically, the amount of alimony is assigned as a share of the salary (for 1 child - ¼, for two - 1/3, for three or more - 1/2). In cases where this is difficult to do, for example, the salary is not permanent or unofficial, the person does not have a permanent job or is an individual entrepreneur, alimony is prescribed in the form of a fixed amount linked to the subsistence level.

Voluntary alimony payments

If the alimony payer is ready to make voluntary payments, he must submit an application to the accounting department of his company to withhold alimony from his salary.

It must indicate:

Start date of alimony payments;
Retention amount;
The timing of the transfer of money to the recipient of alimony;
Recipient's bank details;

In addition, a copy of the voluntary agreement on the payment of alimony (or a writ of execution, if the amount was determined by the court) must be attached to the application.

In the event of a disagreement regarding alimony, the court has the right to determine the amount of alimony based, for example, on the defendant’s salary. For example, a quarter, a third or half of a parent's official income for one, two or three children, respectively.

At the same time, the court takes into account that the official salary should not be lower than the minimum wage, which in 2023 was 11,280 rubles. In 2018 it was 9,489 rubles, with an increase to 11,163 rubles by May 2018. In 2017, the minimum wage was 7,500 rubles. From July 1, 2017, the minimum wage will increase to 7,800 rubles. In 2016, the minimum wage was 6,204 rubles, increasing to 7,500 rubles by July 2016.

There is an opinion that the minimum amount of child support allowed by the court for a parent who has no other dependents and does not have a disability can be calculated from the minimum wage of 11,280 rubles established for 2023. Then the minimum alimony will be 2,820 rubles for one child, 3,760 rubles for two children and 5,640 rubles for three or more children. If you have disabilities and dependents, the amount can be further reduced.

If the parent is officially unemployed, then the minimum amount of alimony is dependent on the subsistence level established in the region of residence of the child. In such cases, alimony is usually firmly fixed by the court and can change proportionally in accordance with changes in the cost of living.

Collection of alimony debt from the debtor

Not all alimony payers are ready to fulfill their functions. Some try to avoid payments. The debt accumulates, and it can only be collected with the help of bailiffs. The court determines the collection period to be three years from the date of application to the bailiff.

If the debtor is officially employed, the amount of his earnings and the employer are known, the debt is determined based on earnings, or in a fixed amount of money (if such an amount was previously assigned). In this case, the writ of execution for debt collection is sent to the employer. The employer will withhold the arrears from the salary in installments.

If there is no data on the debtor’s earnings and employer, then the amount of debt is calculated based on the average earnings in the country (for the period of 2018 this is 42,550 rubles), or in a fixed monetary amount.

In this case, recovery may be applied to other income, to the property of the debtor, or to earnings from the future official employer.

In addition, for each day of delay, the alimony debtor must pay 0.5% of the total debt.

Indexation of alimony in 2023

According to the Family Code of the Russian Federation, the annual indexation of alimony concerns only those fixed amounts that the defendants (the alimony payer) are determined by a court decision. As has already been said, these amounts are determined based on the size of the subsistence minimum, so indexation occurs in proportion to the change in the average subsistence level.

According to data for the 3rd quarter of 2018, the average monthly living wage in Russia is:

Per capita - 10,451 rubles;
For the working population - 11,310 rubles;
For pensioners - 8,615 rubles;
For children - 10,302 rubles.

The order of the Ministry of Labor and Social Protection of the Russian Federation “On establishing the cost of living per capita and for the main socio-demographic groups of the population in the Russian Federation as a whole for the 4th quarter of 2018” is expected in March 2023. The draft can already be viewed on the federal portal of draft regulatory legal acts.

In accordance with the plans of the Ministry of Labor and Social Protection, the cost of living per capita may decrease by 238 rubles and will be:

Per capita - 10,213 rubles;
For the working population - 11,069 rubles;
For pensioners - 8,464 rubles;
For children - 9,950 rubles.

We recommend that you use our maternity leave calculator. Try working in Kontur.Accounting - a convenient online service for calculating alimony, maintaining accounting and sending reports via the Internet.

How much is child support in 2023 according to the law?

The spouse who left the family is obliged to participate in the lives of their minor children, at least financially. Moreover, the child's father must help him even if he was not married to his mother. These truisms are known to everyone, but how is alimony calculated, and in what cases can the amount of payments be reduced? Let's figure it out.

Alimony by number of children

According to the law, a parent who left a family with children must pay 25% of their income monthly for the maintenance of one child, 33% for two children and 50% for three or more children. Of course, if the former spouses did not decide that the amount would be different and did not record it in an official agreement certified by a notary.

That is, in fact, the child’s parents may not go to court at all and resolve the issue of financial support peacefully. At the same time, the procedure for indexing payments must also be specified in the contract. The terms of the agreement can be changed at any time, but only bilaterally.

But if one of the spouses violates any of the points, the second has every right to go to court.

Who is entitled to alimony?

Child support must be paid until the child reaches adulthood. If a child who has reached the age of 18 is declared disabled, payments will need to be transferred until the end of his life.

How is alimony calculated?

The parent’s income, or the basis for calculating alimony, is considered to be his salary and income from business activities, all bonuses, additional payments and fees, pensions, scholarships and benefits, dividends on securities and funds received from tenants of housing or a car. In addition, this list includes the income of people serving sentences in correctional colonies or sentenced to correctional labor, as well as people staying in psychiatric or drug treatment clinics.

What to do if a parent refuses to pay child support?

If the father or mother of the child refuses to pay alimony, you need to file a claim in court, and then alimony will be forcibly deducted from his salary at the place of work.

What to do if a parent does not have a job

If the parent is not officially employed, his income is not regular, is paid in foreign currency or in kind, alimony is calculated in a fixed amount, which will be revised with any change in the amount of his income.

A fixed amount of money is determined by the court; usually it is several times the minimum subsistence level established in a particular region of Russia. In this case, the judge will necessarily take into account the state of health, as well as the financial and marital status of the parties, monthly expenses for maintaining the child and other factors that he considers important.

By the way, if the father or mother has two sources of income, alimony can be mixed - for example, a percentage of the salary at the main place of work and a fixed amount of money from the second source.

Is it possible to reduce the amount of alimony?

If a parent who pays 25% of his income monthly to support a child gets married again, has other children, and then divorces again, the second spouse can also collect alimony from him. In this case, the payer can file a lawsuit to reduce child support for the first child. As a result, child support for each child will be about 16.6%.

In addition, you can try to reduce the amount of alimony through the court if the payer has become disabled, he has children from a new wife, his wages have decreased significantly, or he has lost his job altogether.

What is the minimum amount of alimony

The minimum amount of alimony is not fixed in Russian legislation, so the court decides everything here. For example, if the payer does not work, but is registered with the employment service and receives unemployment benefits, he may be charged alimony in the amount of 1.5 thousand rubles or even less.

Earlier, the head of the National Parental Committee, Irina Volynets, proposed obliging Russians to pay alimony for the maintenance of a non-working ex-spouse with whom children remained after the divorce.

Based on materials from bankiclub.ru, alimente-info.ru.

Alimony for 3 children

In 2023, the amount of child support for three or more children is 50% of the official earnings or other income of the payer. In some exceptional cases (most often this is the formation of debt), retention reaches 70%.

This article covers basic information about child support for three children:

Amount of child support for three children

The amount paid as alimony is influenced by the following factors:

Method of collecting funds:
- Share – 1/2 of income: for example, if the salary is 25,000 rubles, then 12,500 rubles will be withheld from it as alimony.
- In a fixed sum of money (TDS) – collected if the alimony payer’s earnings are irregular or paid in kind or in foreign currency. In this case, the amount of alimony payments is determined as a multiple of the minimum subsistence level (ML) per child in the region of residence. For example, if the monthly allowance is 10,000 rubles, then the alimony payer will need to pay 5,000 rubles for the maintenance of each child (since parents must equally participate in the material maintenance of the child.) Therefore, for 3 children it will be necessary to pay 15,000 rubles.
- Mixed - in percentage and in TDS at the same time. Most often it is assigned if the person liable for alimony simultaneously has a regular income and an additional irregular one.
The financial and marital status of each of the interested parties, the income level of both the recipient and the payer. For example, the alimony payer has other family members who need his financial support.
The state of health of the children, as well as the payer and recipient of funds - of course, maintaining a disabled child requires more costs. If the payer is disabled, this will also be taken into account when deciding on the amount of maintenance payments.

All alimony cases are very individual, and judges' decisions depend on various interrelated factors. Therefore, it is often difficult to accurately predict the amount of child support payments for 3 children.

Amount of payments for children from one or more marriages

The specific life situation of the payer also plays a great role:

If all three children were born from the same mother, then 50 percent of alimony will be paid to one family.
If the children have different mothers (for example, 2 children from the first marriage and 1 from the second), then half of the alimony provider’s salary will be divided into several shares, depending on the number of children in need of financial support. In this case, the total amount of alimony (50%) will be divided between several families. Example. Ivanov paid 25% of alimony for his child from his first marriage. Later he entered into a second marriage, in which he had 2 children. The second wife also filed for alimony. As a result, 50 percent will be deducted from the man’s salary, this amount will be divided among 3 children. Thus, the first child would receive approximately 16.7% of the father's earnings, and the two children from a subsequent marriage would receive approximately 33%.

Grounds for collecting child support

If both parents take a responsible approach to the maintenance and upbringing of their children, then the question of paying alimony does not even arise. If one of the parents (or even both) evades the obligation to provide financially for the child, then in order to collect alimony the following conditions must be met:

There must be a relationship with children documented with help:
- birth certificate: it must indicate the parent from whom child support will be collected;
- certificates or court decisions establishing paternity;
- court decisions on the adoption of children.
Children are under 18 years of age , or the adult child(ren) is disabled.

How to collect child support for three children?

The law allows parents to voluntarily enter into an agreement determining the amount and procedure for maintenance provided to their minor children.

It must indicate the amount of alimony, the currency in which it will be paid, as well as how the funds will be allocated - monthly, lump sum or in another way. When determining the amount of alimony, one should take into account the presence or absence of children from other mothers (fathers) of the payer.

The agreed amount should not be less than the one that the court would assign. The agreement must be signed by the parties and certified by a notary.

If all three children have the same mother, then you need to enter into an agreement only with her. If children are born from different women, then an agreement will be required with each of them.

If the parties have not reached an agreement on this issue, then the interested person has the right to file an application for the collection of alimony to the court of the magistrate both at his place of residence and at the place of residence of the defendant. In this case, the plaintiff is not required to pay state duty.

The application shall indicate:

Name of the court site.
Information about the claimant and the defendant.
Requirements, their justification.
Documents confirming the legitimacy of the requirements.
List of attached documents.

If the future payer has no other alimony obligations , then alimony can be recovered in shares using an application for a court order, otherwise the issue can only be resolved by filing a lawsuit.

If the defendant recognizes the fairness of the plaintiff’s demands, and there is no request to assign alimony in a fixed amount of money, to involve third parties in the case, to establish or challenge paternity (maternity) or to collect additional expenses, then the judge, within 5 days from the date of filing the application, issues an order to collect funds for the maintenance of children. If he does not provide any objections within 10 days after receiving the document, then the order comes into force and is sent to the bailiff for execution.

If there are objections, the judge cancels the order, and the case is considered in a lawsuit with the parties summoned and a trial conducted.

What types of income can alimony be collected from?

Funds for child support are collected from:

Wages or profits from business activities.
Bonuses, additional payments, fees.
Pensions, scholarships, benefits.
Profit received from securities or from renting out property.
Income of persons serving sentences in correctional colonies or sentenced to correctional labor, as well as those in psychiatric or drug treatment clinics.

You can view the complete list in Decree of the Government of the Russian Federation No. 841 of July 18, 1996.

Minimum alimony in Ukraine

The minimum amount of alimony is the state-guaranteed minimum that a child of the appropriate age should receive.

In other words, this is the lower bar that a child support payer should not cross, regardless of his income level.

What is the minimum amount of alimony?

According to Part 2 of Art. 182 of the Family Code of Ukraine: “The amount of alimony must be necessary and sufficient to ensure the harmonious development of the child.

The minimum guaranteed amount of alimony for one child cannot be less than 50 percent of the subsistence level for a child of the corresponding age.
The minimum recommended amount of alimony for one child is the subsistence level for a child of the appropriate age and can be sentenced by the court if the earnings (income) of the alimony payer are sufficient.”
What is the subsistence minimum for a child of the appropriate age, as well as the current sizes of such a minimum are given in the corresponding article.
Due to constant changes in the current legislation of Ukraine, this size may change.