The amount of alimony for non-working citizens is usually calculated based on the amount of the average wage in the territory of the Russian Federation. In some cases, taking into account specific circumstances, the court determines the amount of payments for the maintenance of children in a different amount.
One of the forms of fulfilling the obligation of parents to support their children is the payment of alimony. Non-working citizens often believe that such a duty does not apply to them, since they do not have a permanent official income. But family law determines that in the absence of permanent sources of income or in case of irregular receipt of funds, the court has the right to establish alimony in a fixed amount, and not as a percentage of official earnings. The specific amount of alimony depends on the financial situation of the child, other circumstances of the case, however, the lack of income is not a basis for exemption from parental responsibilities.
What determines the amount of alimony for a non-working person?
When determining the amount of alimony for a non-working citizen, the courts often proceed from the amount of the average wage in the territory of the Russian Federation. This position is consistent with the provisions of the Family Code of the Russian Federation, which indicates exactly this statistical value for calculating alimony in the absence of permanent income. So, if an unemployed person pays alimony for one child, he may be assigned a quarter of the average salary in the country. In this case, the size of the average earnings is taken from the annual reports of Rosstat. So, at the end of 2013, the average salary was 39,380 rubles. If there is one child, the unemployed parent will pay a quarter of this amount, if there are two children - a third. The level of the average salary in a particular region does not matter for determining the amount of alimony, although in most constituent entities of the Russian Federation this value is lower than the all-Russian indicator.
Alternative options for determining the amount of alimony for the unemployed
The law allows the court to independently determine the method of calculating alimony in the absence of constant earnings from their payer. So, in some cases, the parent does not receive a salary, but has a different periodic income (for example, receives rent or interest on a bank deposit). If the existence of such income is confirmed, the court may use a combined method for calculating alimony, setting their amount in the form of a certain share of periodic cash receipts with the addition of a fixed amount of funds. That is why it is often more profitable for an alimony payer to show a certain amount of official salary, confirming it with documents, than to wait for the appointment of monthly payments for a non-working citizen.
