From what moment are child support payments calculated? How much will payments have to be made? These questions interest many parents. Especially those who are at the stage of divorce. Alimony obligations are a pretty serious topic that brings parents a lot of trouble. Some have no idea at what point child support is paid. And in general, when you can count on them, not to mention the size of payments. We will talk about all the features of these payments below. In fact, everything is not as complicated as it seems. It is enough to know the laws in force in Russia today.
Alimony is ...
The first step is to understand what kind of payment is involved. As practice shows, some citizens have no idea what child support is. Awareness of this term will help to understand why such monetary penalties are necessary. Alimony is a financial means or other material goods that are assigned for the maintenance of family members. Usually there are relatively wives in need of elderly parents, as well as minor children. It is the latter situation that will have to be considered in more detail.
When are they appointed?
From what moment do children pay child support? To begin with, it is worthwhile to understand in what situations, in principle, such payments occur. After all, they are not always paid. So, alimony is assigned, as a rule, during a divorce, when one of the parents ceases to care for a minor child. And does not fulfill its obligations on its content.
Also, recently in Russia, child support is assigned in a marriage. But only at the request of one of the parents. Then the second spouse will be assigned the amount that he will have to allocate every month for the maintenance of the minor. In practice, spouses go to court to establish cash payments in accordance with applicable law. But you can conclude an amicable settlement agreement. This option is not so common in real life, but it does occur.
Upon agreement
From what moment are child support payments calculated? Situations may be different. Depending on them, the start date of payments will change. For starters, it’s best to consider a settlement. This is a situation in which citizens do not go to court. As a rule, the payment of money to support a child begins on the day the transaction is concluded. And it should go on until the baby comes of age. Or, if it is prescribed in the contract, until the conditions for the termination of payments are reached. There is nothing difficult about this. From what moment are child support payments calculated? On the day the settlement agreement between the parents. You need to know about this. After all, only then will it be possible to understand whether Russian law has been violated. Understanding the rules is not as difficult as it seems.
When applying to court
But this is only the first situation. She, as already mentioned, is not so often the case in practice. In most cases, child support is ordered through the courts. Therefore, many are interested in precisely these scenarios.
From what moment are child support payments calculated? The law (Family Code of the Russian Federation) indicates that payments should be assigned / accrued from the moment of filing a claim by one of the parties. That is, not after the issuance of a judicial opinion. This norm is a rule enshrined in the legislation of the Russian Federation. It is regulated by Article 107 of the Family Code of Russia. Therefore, it should be borne in mind that the first day of the appointment of alimony is the period when one of the spouses filed a standard application for the appointment of payments.
The promised three years are waiting
But that is not all. At what point are child support payments calculated? Law in Russia allows you to consider an earlier date than going to court. Usually such situations arise when there was an oral agreement between the parents, but the payer does not fulfill his obligations. How then to act?
According to the established norms, according to the law, the plaintiff citizen has the right to collect alimony from the non-payer for 3 years that preceded the moment of appeal to the judicial authorities. In fact, at that moment, alimony is assigned. But they will be persuaded to pay these after the court has made the relevant decision. True, there is one caveat. The plaintiff must prove unsuccessful attempts to recover alimony from the non-payer in pre-trial order. This is not such a problem today.
Limitation of actions
Now it’s clear from what time child support is calculated. Is there a so-called limitation period for this requirement? Many are interested in this particular nuance. Maybe if you don’t pay for a long time, then the payments will be canceled? Not at all. The thing is that parents cannot be released from child support until the child comes of age. The spouse with whom the baby lives has the right at any time to apply to the court with a corresponding lawsuit. There are no restrictions in this area.
It should be noted that they will still collect money from the non-payer. There is no statute of limitations as such. Therefore, in any case, you will have to pay. Either the full amount of the debt, or debt for the past 3 years + designated additional charges, if any.
Oral agreement
From what moment are child support payments calculated? This question in legal interpretation is already known. But in real life, other situations often arise. Which ones? Sometimes the purpose of alimony can be verbally agreed. That is, citizens decide among themselves when and in what amounts to transfer funds for the maintenance of a minor.
This technique is an extremely unreliable step. He quite often entails applying to the court with a statement of claim for the legal recovery of money for a child. Indeed, most often with an oral agreement, the parent-payer evades his obligations. And you have to forcefully seek legal money.
How much to pay?
These are not all the features that alimony conceal. At what point do they get paid? Either from the date of conclusion of the contract, or they will be appointed on the day of appeal to the court with a corresponding lawsuit. This must be considered by all parents. But how much to pay? This question also worries many. To answer it definitely will not work. After all, child support is assigned in different sizes, taking into account a particular situation. The average payer earnings, his welfare, and even the region of residence play a role. Sometimes the court takes into account the minimum wage.
Alimony can be collected either in hard cash or as a percentage. The number of children also plays a role. On average, if we talk about fixed payments, in Russia child support amounts to about 5-7 thousand rubles. But the interest will be as follows: for one child - 25% of the profit, for 2 children - 33%, if minors 3 or more - 50%. Specific amounts, as already mentioned, are assigned individually.
Lack of work is not a basis for evading legal obligations. Then the payments will be charged taking into account the minimum wage and all benefits that the citizen receives. For example, unemployment benefits. Therefore, in some cases, in order not to pay normal alimony, people do not have official work. And they pay at a minimum - about 2,000 rubles a month. Now it’s clear from what point child support is calculated, and in what quantities. In fact, understanding everything is not as difficult as it seems.