Each parent is responsible for the maintenance of their minor children. Very often, after a divorce, a parent living separately shirks his responsibilities in relation to children, and not only does not take proper part in upbringing, but also forgets about the material side of the issue.
Instructions
Step 1
Alimony can be paid in two ways: voluntarily and by court order. In case of a voluntary decision to pay alimony for the maintenance of their children, a written agreement on the payment of alimony is concluded between the parents. Before signing the agreement, the parents come to an agreement on the amount and timing of payments. In most cases, the amount of alimony paid by agreement of the parties is set in a fixed amount with a monthly payment, the possibility of indexation is provided.
Step 2
In the event that one of the parents evades the maintenance of their children, it is necessary to apply to the court with a demand for a court decision. The amount of alimony, if the issue is resolved in court, is established in accordance with Article 81 of the Family Code of the Russian Federation and is: for the maintenance of one child - 25% of the parent's net income; for the maintenance of two children - 33% of income; three or more - 50% of income.
Step 3
The court may decide to decrease or increase the size of the shares, depending on the family and financial situation of the parties to the dispute. If the income is unstable, the court may establish the payment of alimony in a fixed amount on a monthly basis. For alimony paid in a fixed amount, the law provides for indexation (Federal Law "On Enforcement Proceedings"). Withholding of alimony occurs from almost any type of income, the full list is given in the decree of the Government of the Russian Federation of July 18, 1996 No. 841 "On the List of Types of Wages and Other Income from which Alimony for Minor Children is Withheld"
Step 4
If child support is paid to two children living together, 33% of the income will be withheld from the income of the paying parent. For example: the net income of a parent paying alimony is 20,000 rubles per month. So, 20,000 rubles x 33% = 6,600 rubles per month. It is this amount that must be transferred in favor of the parent living with the children. If alimony is paid to two children living in different families, the calculation will be made as follows: 20,000 rubles x 33% = 6,600 rubles; 6,600 rubles / 2 = 3,300 rubles. They are also subject to collection for each writ of execution.
Step 5
The condition for the termination of the payment of alimony is that the child reaches the age of 18 years and the absence of arrears in the payment of alimony. The date of birth of the child must be indicated in the executive document.
