LawState and Law

Alimony per child: how many percent, and whether it can be changed

Divorce in our time no one is surprised, but still there are people who do not know what alimony for one child, how much a father must pay two children and in what form can be assigned payments. Those who are affected by this problem should carefully study all available information.

Determining the size

Most often, alimony is determined as a percentage of the payer's salary. This option is considered universal, because with a change in the income of the father, there is no need to re-apply to the court, demanding changes, since payments are automatically calculated. Thus, if the payer has additional funds, the payments will be increased. If the income has decreased, the alimony will do the same. This option takes into account the interests of both sides of the conflict and allows to maximally protect the rights of the child to receive material maintenance from the absent parent.

The percentage of alimony is stipulated in the SC of our country, in its 81 articles. The proportion of deductions depends on the number of children in the family:

• The only child receives a quarter of all income;
• for two, 33% of the income of the parent leaving the family must be paid;
• Three or more children have the right to receive half.

When reviewing an action by a court, the individual characteristics of the case can be taken into account. Despite the fact that we found out what alimony for one child, how much interest it will receive in the end, depends, for example, on the availability of children in the new family of the parent. If the payer has other children, then their mothers, having filed for alimony, reduce the payments for each of them. How in this case will alimony for children be counted? How much percent they will make in this situation, will depend on the composition of the family.

Change of size

The statutory percentage is not a constant number. Possible decrease or increase in payments. It is important to know that you can change the share due to a child not only during the recovery period, but at any time before the child's legal age. Initiate the change in alimony can both the recipient and the payer.

Decrease

Reduce the amount of material costs for a child can be with the regular receipt by the payer of substantial incomes. Acting as a plaintiff, he can declare to the court as a justification that the amount received exceeds the needs of the minor or the expenditure of his second parent (if possible, prove the misuse of amounts). Given the interests of the parent and child, the court can reduce the percentage of payments to a reasonable value. What will be the alimony for the child, how many percent of the salary they will make - it will be individually for each similar case. To reduce the payment, it is required to apply to the court with a suit.

Increase the amount of alimony

Knowing what alimony is for one child, how many percent will have to be "torn off" from the salary, many payers try to hide part of the income. If the amount received can not cover the minimum expenses for a minor, the second parent has the right to apply to the judiciary for an increase in the amount of payments.

When considering a case, the court must take into account the balance of interests of interested persons. If it turns out that the payer's income is implausibly low, a decision will be made to protect the interests of the minor as the least protected person.

Minimum size

Until 2015, there was no lower limit of payments, so many payers used this, understating their income. But the law was adopted, which regulates this issue. Now, child support for one child (how many percentages are indicated above) can not be less than what is required. The minimum is calculated from the shares to the subsistence minimum corresponding to the region of residence of the minor. This law applies not only to alimony, paid as a percentage of income, but also fixed in a fixed amount. So, for 2017 the parent is obliged to pay the child monthly not less than:

• 1875 rubles for one minor;
• 2500 - for two in the same family;
• 3750 - for three or more.

Of course, this amount of alimony can not cover even the minimal expenditure on the child. In 2014, a proposal was made to establish a minimum amount of alimony of 15,000 rubles, but this bill was rejected. Deputies are sure that such a mandatory payment infringes the rights of payers from low-income segments of the population. The establishment of the lower limit of alimony is still beneficial only to the payer, since the interests of the child require more substantial amounts for their maintenance.

Practice shows that when parents are divorced, juveniles are almost always a loser. Most of the fathers do not want to pay a percentage of income that is officially set. Many of them try to reduce all these amounts by any available means, showing a smaller income than they really have. Seeking to punish the ex-wife, they do not think that their own children are affected first of all.

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