Today, Art. 81 SK of the Russian Federation. It spells out how much money needs to be allocated for the maintenance of minors. In addition, we will try to find out all the features of this operation. What are the nuances of the law that all parents must pay? What do they need to know about child support? The answers to these questions are presented in the article.
Who pays?
To begin with, not all parents pay child support for underage children. Such obligations are imposed only when legal representatives refuse to finance their daughters and sons.
Up to 18 years, the upkeep and upbringing of children is the responsibility of the parents. And if the mother or father refuses to allocate funds for minors, you have to go to court to arrange child support.
Typically, such payments are found in adult divorce. Then the children are left with one of the parents (more often with the mother), and the other (father) allocates a certain monthly amount for underage relatives (or adopted). This is a normal occurrence.
In general, any legal representative of a child can be a child support payer. Most often in practice it is the father or stepfather. But guardians, mothers and stepmothers can also pay child support.
Payment Methods
In Art. 81 of the RF IC, it is not specified how the law regulates the payment of alimony. Russia provides two options for resolving such disputes, namely:
- peace agreement between parents;
- judicial debate.
As already mentioned, in practice it is most often the second scenario that occurs. Therefore, we will consider it in more detail.
The amount of alimony upon agreement
How much will child support amount to when resolving a dispute in pre-trial order? There is no definite answer to this question. After all, the parties themselves must agree on how much the second representative of the child will allocate for his maintenance.
Often, when concluding a peace agreement with a notary, parents copy property to children who are not yet 18 years old. For example, an apartment. And after that, child support is not paid. Such a substitution takes place in the legislation of the Russian Federation, only not all parents agree to it.
As practice shows, the amount of alimony in a peace agreement is close to the cost of living of the region. Sometimes parents agree to give about 30-40% of their salary. It all depends on the terms of the agreement between the parents.
In law
In Art. 81 of the RF IC indicated that citizens must pay certain amounts in the form of alimony. More precisely, we are talking about the percentage of the income of the payer. How much money will have to be allocated under the law to support a minor?
It all depends on the number of children a citizen has. The amount of child support levied on minor children in court shall be at least:
- 25% of the citizenās income - per child;
- 33% - for two minors;
- 50% - for three or more children.
The exact amount is problematic. They depend on the salary of the payer, as well as on the subsistence level of a particular region. The marital status of the mother and her material security do not play a role. The father will still have to pay the child support required by law.
Changes
It is also worth paying attention to Part 2 of Art. It indicates that the amount of child support can be adjusted. For example, reduced or increased. It all depends on the financial situation of both parties.
Usually, all changes involve the submission of a statement to the court. The applicant party requests to reduce or increase the alimony, attach reasons and confirm its position. After studying the documents, the judicial authority makes a decision.
Court income
It is important to understand that not all citizenās profits will be taken into account as income. But this does not mean at all that you can relax and rely on minimal child support.
In article 81 of the IC of the Russian Federation with comments it is indicated that the following will be considered as the income of the alimony:
- the entire salary of a citizen;
- all pensions;
- scholarships.
Also include:
- income from property rental;
- profit from entrepreneurial activity.
At the same time, lack of official employment with a citizen does not exempt from alimony. Cash will be recovered from unemployment benefits. They will begin to accumulate and grow into debt. Fees and payments to civil servants are also taken into account in "maintenance" issues.
About the minimum
According to Art. 81 of the RF IC, alimony can be collected from any legal representative of the child. At the same time, subsistence minimums of the region in which the minor resides are taken into account.
For example, in 2015 the minimum wage in Russia amounted to about 6,000 rubles. Accordingly, child support amounted to about:
- 2982 rubles - for three minors;
- 1988 rubles - for two children;
- 1491 rubles - for one child.
In real life, such alimony does occur. But, as a rule, living on them is problematic. And in this case, the payer of alimony usually underestimates his real income. Therefore, often the second representative of the child requires money in a solid amount.
Deprivation of parental rights
Some believe that citizens who have been deprived of parental rights may not fund their minors. Is it really?
No. Deprivation of parental rights does not exempt parents from child support payments. They will have to allocate funds for minors in accordance with Article 81 of the RF IC.
Reasons for changing the size of payments
Under what circumstances can citizens reduce or increase child support? As already mentioned, there must be good reason for this.
Among the reasons for adjusting child support are:
- disability benefits payer;
- the birth of regular children;
- marriage;
- a sharp increase / decrease in income of the parties;
- illness of the child recipient of alimony.
In fact, there are not as many reasons as it seems. And most often the court increases child support according to the requirements with justifications. But the reduction in payments is much less common.
Documentation
Many articles of the Family Code indicate the procedure for the payment of alimony and the particular changes in these payments. How to apply for child support? It all depends on how you plan to resolve the issue.
With a peace agreement, a notary will need:
- passports of the parties;
- divorce / marriage certificate;
- agreement with a detailed description of the procedure for paying child support;
- birth certificates of all children;
- adoption documents (if any).
But what if citizens decide to act through the courts? The Family Code of the Russian Federation provides for the settlement of maintenance disputes in court.
To file a claim you will need:
- applicant's passport;
- statement of claim;
- certificate of registration of children;
- extract from the house book;
- divorce / marriage certificate;
- birth certificates of all adopted and common children;
- confirmation of expenses;
- certificates of family income (including the defendant).
Often there are problems with obtaining information about the income of the payer of alimony. In this case, it will be enough to bring a certificate indicating the filing of a request for income to the employer. Otherwise, it is necessary to provide evidence that the plaintiff does not have data on the real income of the second representative of the minor.
Grounds for Release
The Family Code of the Russian Federation in every way protects the institution of family and children. It is almost impossible to get rid of child support for minors.
However, there are a number of situations in which child support payments cease. Namely:
- death of the child support payer;
- death of the recipient of funds;
- emancipation of the child;
- coming of age;
- lack of data on kinship with the child and on his adoption.
The last paragraph implies that alimony should not be paid by a person who is not a biological parent or legal representative. Until proven paternity, for example, to sue the biological father in court for child support will not work.
Summary
Now itās clear what is regulated by Article 81 of the RF IC. The amount of alimony allocated to children is established individually. And to predict it just does not work out. It remains only to focus on the minimum wage, the cost of living and the minimum interest on the citizen's income.
In Russia, more and more child support is found in marriage. Such a technique is envisaged by law, despite the fact that it is hardly perceived by the population.
Art. 81 of the IC of the Russian Federation will allow you to approximately understand how much money and under what circumstances a minor child can count. In order to get the maximum, applicants are encouraged to collect any evidence of the high profits of the potential alimony payer.