When divorcing parents with children, the question of alimony inevitably arises. The law does not provide for automatic payment of alimony. Former spouses can make amicable terms for their payment. Or completely give up alimony. If the parents are not able to solve this issue, one of the parents can apply to the court. This body will determine child support for divorce on the basis of laws and regulations. Alimony is paid from the moment of verdict of the court. That is, one of the parents can not collect child support for the past years, if he had not previously applied to the court on this issue.
According to the law, alimony is paid before the child reaches 18 years of age. The law of the Russian Federation does not provide for the payment of alimony for the period of study after reaching adulthood. However, parents are obliged to maintain an adult child, if he is recognized incompetent, needs help.
Minimum amounts of alimony
The law establishes that for one child the parent, on whom the elements are imposed, is obliged to give a quarter of his income. If a parent has two children, a third of his income is collected from him. Three or more children calculate half the income.
The law takes into account the number of all children, both from different marriages and from extramarital children. If the parent paying the alimony has children born, the payments are reviewed. Alimony is divided equally among all children.
It should be borne in mind that when calculating alimony, not only wages are taken into account. Other types of income are also taken into account: scholarships, pensions, remuneration under civil contracts, retirement payments, etc. The types of additional revenues that are taken into account are established by the relevant regulatory enactments.
Alimony paid in a hard cash amount
Not always at the parents' monthly income is stable. If it is difficult to determine and understand the sources of income, or income is charged in kind, the court may order to pay a fixed (fixed) amount of money.
This is the most controversial part of the legislation. As a rule, the court is based on the minimum wage (SMIC). Parents may be obliged to pay monthly 2 MW, and may even more times. The decision is usually subjective, but the court must first of all take into account the interests of the child in divorce. The basic principle is that the child's standard of living should not deteriorate. Much decides the ability to persuade and defend his position in court. When assigning the amount of benefits, the family status of both parents, the number of children, the social status, their income, etc. should be taken into account.
There are more complex cases when the parent has one source of income stable and known (wages), while the second can not be clearly defined (for example, author's fees). In this case, the law provides for the combination of interest payments from wages and at the same time assign a certain hard sum of money.
Alimony from non-working parents
If an unemployed parent is officially on the labor exchange and receives unemployment benefits, then alimony is withheld from the allowance. If the parent is not registered at the employment center and does not receive benefits, the court calculates alimony based on the average salary in the Russian Federation.
Calculation of alimony for individual entrepreneurs
Calculation of the amount of alimony for IP is determined based on the type of taxation chosen during the conduct of entrepreneurial activities. With a simplified taxation system, when divorcing a child, the amount of alimony is calculated on the basis of the values of the average wage. If the entrepreneur uses the UTII to calculate with the tax authorities, then the expenses incurred in the course of the business are deducted from the income to determine his earnings from the income. The remaining amount will be the basis for calculating alimony.
Alimony with property
Alimony on the child's property is usually imposed, if the parent paying alimony, moves to permanent residence abroad. If the parents could not specify the further maintenance of the child (children), the court is entitled to oblige to pay a lump sum of a large sum, or to transfer the child certain property.
Change in the amount of alimony
The amount of alimony can be revised both in large and smaller side with the change in the number of underage children, with a change in financial position and in other cases stipulated by law.