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The minimum amount of alimony for a child by law

After the divorce, the child continues to be on the material support of both parents - this is the law. But there are many nuances here, because it is not always possible to determine exactly what contribution the father should make, that is, the payer of alimony. It depends on the availability of work and wages, marital status, health status, age. And many other factors can significantly affect. Is there a minimum amount of child support for the child and how to accurately determine the amount of benefits depending on the situation?

Voluntary agreement between parents

Parents before or after the divorce do not need to go to court to determine the alimony. They can quite agree on their own and determine the amount of payment. Usually this is a percentage of the salary determined by law, that is, a quarter of the salary per child, a third for two, half for three or more. And below this mark the amount of alimony can not be.

If, for example, the payer is a PI, and the percentage of his income exceeds the child's daily needs, it is possible to determine a fixed amount at the discretion of the spouses. In any case, the agreement will have legal force, if notarized. And in this case it is necessary to provide a certificate of income for at least the previous 3 months.

If the parent is unemployed

If the father does not have formal employment, this does not absolve him from the obligation to support his child. In this case, it is more reasonable for the mothers to apply to the court in order to avoid disputes with the ex-spouse in the future.

The minimum amount of child support per child from a non-working father is equal to the subsistence level in the region. Its size is determined by the subject of the Russian Federation and is indexed every year. Accordingly, the amount of alimony also varies. But if one day the father officially takes up employment, then you can apply to the court, provide documents from the workplace that confirm the salary, and review the amount of alimony, that is, pay them as a percentage of income.

If the father's salary is below the minimum

In our country, more precisely in each region, the minimum wage is fixed . And no company has the right to pay an employee less than this limit. Accordingly, if the father's salary is equal to the minimum wage for the region, then alimony is calculated according to the law in percentages.

So, for example, if the minimum wage is 6000 rubles, then the amount of child support for one child is 1500 rubles. This, of course, is not enough, and this money is unlikely to be enough for the maintenance of the baby. It turns out that the minimum amount of child support for the child is only 25% of the minimum wage in the region? No, it can be even lower by law.

If the father is disabled

Many believe that having a disability will lift the obligation to pay child support, but it is not. In this case, alimony for child maintenance is deducted from benefits and disability pension. If the disability of the third group, then a person is considered to be able-bodied, which means that he will be paid from the unemployed if he is not officially employed.

Persons with disabilities of the first and second group are periodically forced to be examined in order to confirm their status. Then the amount of their benefits and incomes can vary, and the court can take this fact into account and assign alimony in a fixed amount of money. In this case, the minimum amount of alimony is determined only by the judge.

But a disabled father can apply to the court for a reduction in the amount of benefits if he needs medical care and expensive medications. Accordingly, the minimum amount of alimony for a child will be critically low. But in any case, not only the court will not be fully able to withdraw from the defendant.

Alimony from the prisoner

If the father is in prison, then he is also obliged to provide materially for his minor child. After all, prisoners work and earn money, respectively, from him, too, you can get interest. These issues are handled by court bailiffs after the court decision.

If the convict does not work and does not receive income in the places of deprivation of liberty, he is obliged to pay the entire amount for the last period of serving in the colony after his release. The amount of alimony will be calculated as a percentage of the average salary in the region at the time of exemption.

Is it possible to reduce the amount of alimony legally?

So, it turned out that the minimum amount of child support per child is 25% of the minimum wage for the region per child, 33% for the second and 50% for the third. This will be about a little less than 1600 rubles. This amount is negligible for the maintenance of the child and the satisfaction of his household needs. And this is not the limit.

There is a law in our country: child support can be reduced through a court, if there are significant circumstances. For example, the father married, and his new family had children, that is, dependents, or he lost his ability to work, and he needs expensive treatment, or retired. But these circumstances will have to be proved in court, otherwise the claim will not be satisfied.

Current legislation changes

Until recently, the State Duma discussed the issue of the minimum amount of child support for the maintenance of underage children. But the decision was not made, because, according to the changes, the minimum amount will grow to 15,000 rubles by 2016, and this is only alimony for the child. The new law was not adopted, so at the current time, only the above points can be guided.

Actually, it is quite difficult to describe each individual case, because the situations are different for everyone. But it must be remembered that alimony is not just a debt obligation, it is primarily not money, but the provision of your child whose interests you need to take into account. Therefore, you should not save on your own children, if you can provide them with a happy childhood.

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