Lonely parents, probably, have repeatedly wondered about the procedure for collecting alimony for the maintenance of a child, and the small amount of monthly payments often caused bewilderment.
The Problem of Collecting Alimony
Despite the fact that our state can be wholly called legal and all citizens are under its unshakable patronage, the problem of collecting alimony payments on minors is as acute as possible. The point is that a considerable part of the parents, with whom the children were left to support, receive insignificant amounts for their maintenance, which do not correspond to modern realities at all.
From a practical point of view, it is safe to say that the amount of alimony largely depends on the responsible attitude and attachment of the father or mother, who are obliged to pay, to their child. Conscientious parents will under no circumstances allow their children to need anything.
Alimony Payment Agreement
If you have an even relationship with your ex-spouse, then you can safely decide the issue of concluding an agreement on the payment of alimony. In it, on a free basis, it is possible to discuss the payment procedure and the amount of monthly deductions for the child. It is subject to compulsory notarization. If a mutual decision is not reached, child support payments should be sought in court.
The minimum amount of alimony in shares of earnings
Family legislation makes the amount of alimony payments directly dependent on the level of income of the parent who is obliged to make such a payment. Usually, alimony for an only child is ¼, for two - 1/3, for three or more - ½ part of wages or other income. Moreover, if the parties have any changes in their property or marital status, the court may consider changing the amount of alimony. The minimum amount of alimony for the maintenance of one child, expressed as a share of earnings, can be 1/6.
Often, modern employers set the level of wages to workers in an amount not exceeding the amount of 1 minimum wage. Since the beginning of this year, the minimum wage is 5,554 rubles. Accordingly, a child whose parent receives such a small amount will be satisfied with alimony in the amount of 1,388 rubles every month. 50 kopecks (5 554 * 1/4), in the worst case - 925 rubles. 67 kopecks (5 554 * 1/6). Along with this, it is almost impossible to properly confirm that the ex-spouse actually earns more.
Recovery of alimony in a fixed sum
At the same time, the current family legislation provided for a way out of this unpleasant situation. In court, it is possible to change the amount of monthly payments to collect them in a fixed amount. It is determined in shares of the subsistence minimum of the constituent entity of the Russian Federation where the person receiving alimony lives, with the possibility of subsequent indexation based on the principle of the maximum possible preservation of the child's previous level of support.
The minimum amount of alimony based on the average wage in Russia
It must be said that the payer's lack of income is in no way an excuse for evading the payment of alimony for a minor child. The law states that if the person obliged to pay alimony does not work and (or) cannot confirm the level of his income, then the alimony debt can be calculated from the average salary in Russia. There are already somewhat different numbers here. If the "minimum wage" is 5,554 rubles, then the average salary in the country for February of the current year is 29,680 rubles. (according to Rosstat data). Thus, an unemployed or unofficially employed citizen will owe his child 7,420 rubles. (29 680 * 1/4) or 4 946 rubles. 67 kopecks (29 680 * 1/6).
