Alimony can be calculated as a percentage of the parents' earnings in accordance with the provisions of family law. Also, parents can conclude an agreement on the payment of elements, and in certain cases, their size is established by the court in a fixed amount.
The procedure for calculating alimony, their amount is determined in Articles 81-83 of the Family Code of the Russian Federation. In this case, the specified document contains a legal basis for the emergence of the obligation to pay the elements. The above basis is the obligation of parents to support their children. If parents live together with children, then the size of the specified content in material terms is determined by them independently. Otherwise, there are obligations to pay the established amounts, which, if they refuse to voluntarily pay them, may be recovered in court.
What is the amount of alimony established by law?
The main way to calculate alimony is to determine the required amount in shares of the parents' official earnings. In particular, Article 82 of the Family Code of the Russian Federation provides that if there is one child, the amount is a quarter of the parents' income, if there are two children - a third of the income, if there are three or more children - half of the permanent income. At the same time, the specified amount is not unchanged, since the legislative authorities have been given the right to establish a different ratio of the specified shares, depending on the circumstances of a particular case. In addition, it is necessary to take into account the possibility of using other methods of calculating alimony, which are used in special cases.
Alternative methods of calculating alimony
So, one of the priority ways to determine the amount of alimony is to conclude an agreement between the parents. If there is a specified agreement, then its provisions apply, and not the amount of deductions from earnings established by the above norm. In addition, Article 83 of the Family Code allows the court to determine the amount of alimony not as a percentage of permanent income, but in a fixed amount. The court can also establish a combined method for calculating alimony, that is, determine the percentage of deductions from permanent income, supplementing it with a certain fixed amount that must be paid. Mostly this opportunity is used by the judicial authorities in cases where the parents do not have a permanent income, they receive it in kind, in foreign currency. At the same time, the main goal is to provide the child and children with the previous level of material well-being, although the current material and property situation of the parents, the ratio of their incomes, are taken into account.
