Very often, the reason for going to court is the disagreement of the spouses about the amount of alimony. Before you start a lawsuit and spoil your relationship with your ex-spouse, you should know exactly how many percent of the salary are child support, how much they depend on the number of children in the family and what types of income should be charged.
Types of income from which deduction of alimony is permissible
According to Government Decision No. 841, alimony payments are calculated based on the aggregate income of the alimony payer:
- Salary. This includes salaries not only in the main place of employment, but also in all available part-time jobs. Supplements, bonuses, allowances are added to the amount.
- Fees for any intellectual property.
- Income from the performance of work under the contract.
- Unemployment benefits, pensions, compensation, etc.
Knowing how much percent of the salary is child support and what is the spouse's monthly income, the approximate amount that he must pay for the children is easy to calculate on your own.
What income can not be withheld?
There are not so many types of income from which alimony cannot be withheld:
- Income from the sale of property of the payer.
- Legal entity income, excluding dividends paid to the alimony payer.
- Funds received by inheritance or as a gift.
How much percent of salary is child support
Most likely, the court will order the payment of alimony in share terms from the salary. This form allows bailiffs to respond in a timely manner to fluctuations in the size of the debtor’s income, changing the amount of payments accordingly. It is for this reason that most of the cases end with the adoption of such a decision, and not with the offer of payments in a fixed amount.
SK RF in Art. 81 clearly answers the question of how much percent of the salary is child support for one child. A parent living separately must spend at least 25% of his salary and other income on a single child.
If you need to clarify how much percent of the salary is child support for 2 children, you need to turn to the same Family Code. The law states that in this case, 33% of all income from the alimony must be paid. If there are three or more children, half of the parent's salary will be deducted.
Content Design
The rules for processing payments on maintenance obligations are regulated by the UK and the Civil Code, as well as the rules of the Civil Procedure Code.
Voluntary agreement
Payments made by mutual consent will be the most effective and guaranteed. In this case, it is necessary to conclude a contract in which it is required to specifically indicate, for example, how much percent of the salary is child support for 3 children or their other quantity. You also need to specify the procedure for their accrual, indexation, additional payments, penalties for late payment.
The voluntary agreement must specify all parameters. It is best to contact a lawyer for the competent preparation of the contract in order to eliminate inaccuracies. In such an agreement, it is possible not only to stipulate payments for the maintenance of minors, but also to determine how much percent of the salary is child support for the wife until the youngest common child reaches the age of three. How does this happen and how is it controlled? Article 100 of the Family Code states that the contract must be notarized. If this does not happen, the transaction is void, and the parties are exempt from fulfilling the terms of the contract.
Enforcement
If the parent does not want to voluntarily participate in the maintenance of his child, child support must be collected by force. In this case, the second parent must go to court. If the defendant does not refuse paternity and accrual of payments, the issue may be decided in the order of writ. In case of resistance of the second parent, a lawsuit is required. With the court decision received, the plaintiff must go to the bailiff service, which will take recovery.
Minimum size
The law does not have a clear answer to the question of the minimum amount of payments. This made it possible for unscrupulous parents to pay about 1,000 rubles per child, which is clearly not enough for maintenance and development.
In recent years, the courts, based on the interests of minors, have reviewed previously adopted decisions, increasing child support payments. The question of determining the smallest possible amount most often arises when applying for a hard cash amount. In such situations, the courts tend to believe that the amount of payments should not be less than the corresponding percentage of the minimum wage.
Amount Change
Regardless of the voluntary nature of payments, there is a chance to review their size. The reasons for this may be as follows:
- The drop in income of the parent - the payer of alimony.
- Changes in payer family composition. When a child appears in another marriage, you can reduce the deductions for minors from the previous one.
How many percent of the salary are child support for children born of different women? This issue should be considered individually.
Decrease and increase
Payments can be changed in any form of agreement. If there is a voluntary agreement, it is likely that the issue of changing the size of payments will be resolved peacefully. If the parties fail to achieve a result that is satisfactory for both, the party insisting on changing the size of the alimony should file a lawsuit in court. However, it should document the need for these changes. To collect the necessary documents, correctly compose the application and conduct business, you should contact a competent specialist.