Alimony for two children is paid by the parents in a manner that may be determined by agreement, law or court. As a general rule, the amount of deductions is one third of the earnings, the other income of the parent.
The procedure for the payment of alimony by parents, the amount of the corresponding payments and the methods of their determination are established by Chapter 13 of the Family Code of the Russian Federation. In most cases, the general calculation procedure established by Article 81 of the named document is applied. This norm determines that in the presence of two children, the amount of alimony obligations will be one third of the earnings, other income of the parents. This takes into account a permanent income, the presence of which can be documented. It is believed that the funds in the specified amount are sufficient to maintain the previous level of welfare for children, but the court has been given the right to change the specified share at its own discretion. If this right is exercised, the corresponding decision is justified in the decision of the judicial authority.
Can parents determine the amount of alimony on their own?
Family law allows parents to independently agree on the amount of alimony that will be paid for the maintenance of their children. In this case, the number of children does not matter. The corresponding rule is enshrined in article 80 of the Family Code of the Russian Federation, which gives priority to an agreement on the payment of alimony over the amount of the corresponding payments determined by regulatory enactments. In the event that an appropriate agreement is concluded between the parents, there should be no dispute about the amount of alimony, and the parties themselves freely determine the amount of periodic payments in shares of a fixed amount.
When is the amount of alimony determined by the court?
Many parents believe that calculating alimony as a percentage of permanent earnings is the only possible way to determine it. But family law provides for specific cases in which the court can order such a payment in a lump sum, and also combine a certain share of permanent income with a lump sum. For example, this decision is made in the absence of permanent sources of income, the impossibility of determining them. Sometimes, when assigning alimony for two children in the amount of one third of the parent's total earnings, the rights of one of the parties are substantially violated. Such a violation is also not allowed by the judicial authorities, therefore they independently determine the level of pay for minor children, the specifics of calculating the corresponding payments.
