The collection of monthly alimony is included, along with divorce, in the unofficial list of the most popular lawsuits. What passions sometimes do not flare up when one side (of course, mostly women) begins to demand money for a child. The other side is struggling to resist a completely legitimate demand. And if there are two children, such civil cases often begin to resemble a "tear" drama, and sometimes even a farce.
Size matters
There is a standard scheme given in the Family Code of the Russian Federation: alimony for one minor is exactly a quarter of the parent's monthly income, which is recognized by the court as obliged to pay them. For two - one third. Or 33%.
Maybe we can agree?
But a writ of execution is not the only way to obtain alimony. The most peaceful and civilized among them is the agreement of the ex-spouses, necessarily certified by a notary. And it is not always about money. Or just about them.
There are known cases when "real" money was replaced by real estate registered for children (apartments, cars, etc.), payment for education abroad, or even permanent residence in the family of the parent to whom the court sent the writ of execution. In other words, there are options. And even to pay by agreement is permissible once a week, quarterly or year. As anyone is comfortable. The main thing is that in the end it turns out to be at least the standard monthly size.
By the way, if the "former" agree on the "hard" amount in rubles (say, exactly 10 thousand per month or 150 thousand per year), then the court will eventually have the right to take into account the change in the economic situation in the country and decide on its indexation.
"Solid" alimony is paid even in cases where the defendant does not have a constant monthly salary; if the amount of this earnings cannot be determined; wages are paid in foreign currency or, say, in food.
The income from which it is necessary to deduct the amount determined by law for the maintenance of a child or children includes not only salaries, and at all places of work, and not only at the main one, but also any remuneration and payments. These include vacation pay, bonuses, allowances, allowances and so-called overtime.
Do you always have to pay 33%?
A serious problem for those who do not order the "tune", but only pay for it, is the justified reduction in alimony. For the most part, this applies, of course, to men. After all, not all of them know exactly how much they should pay if they managed to create new families and children were born in them too. That is, before a person had two children and he paid 33 obligatory "turnover", and now there are three or even four …
According to the law, the father of three or four offspring should go to court again and ask for a downward revision of the previous amount. As a rule, the judge goes to meet the parent of many children. If, in addition to two, he has another child, the alimony is reduced to 16.5% for each son or daughter. And if there are two, then up to 12.5%. There are two main rules:
1.the total amount does not exceed 50% of all father's income;
2. a child born in a new marriage should not suffer financially and be in a worse position than his half-blood or half-relative.
The payment of alimony, if there is no official agreement between the spouses, is terminated only in three cases: after both children reach the age of 18; when they are adopted by the payer; in the event of his death.
Additional costs
The court has the right to increase the amount of alimony in case of illness or serious injury of the child requiring additional treatment, surgery and care. That is, in the case when the family bears unplanned and serious material costs. They are paid in a "hard" amount.
Life has gotten worse, life has become more difficult
But the court can get into the position of the payer, reducing the amount in case of deterioration in health and (or) his financial situation, documented. And it doesn't matter how many children he paid before.
