The minimum amount of alimony for a child by law

After the divorce, the child continuesto be on the material support of both parents is the law. But there are many nuances here, because it is not always possible to determine exactly what contribution the father should make, that is, the payer of alimony. It depends on the availability of work and wages, marital status, health status, age. And many other factors can significantly affect. Is there a minimum amount of child support for the child and how to accurately determine the amount of benefits depending on the situation?

Voluntary agreement between parents

Parents are not required before or after the divorcego to court to determine alimony. They can quite agree on their own and determine the amount of payment. Usually this is a percentage of the salary determined by law, that is, a quarter of the salary per child, a third for two, half for three or more. And below this mark the amount of alimony can not be.

If, for example, the payer is an IP, and the percentage of itincome exceeds the household needs of the child, it is possible to determine a fixed amount at the discretion of the spouses. In any case, the agreement will have legal force, if notarized. In this case, you must provide a certificate of income for the minimum of the previous 3 months.

If the parent is unemployed

If the father does not have formal employment,this does not absolve him from the obligation to support his child. In this case, it is more reasonable for the mothers to apply to the court in order to avoid disputes with the ex-spouse in the future.

Minimum amount of child support per childthe non-working father is equal to the subsistence level in the region. Its size is determined by the subject of the Russian Federation and is indexed every year. Accordingly, the amount of alimony also varies. But if one day the father officially takes up employment, you can go to court, provide documents from the place of work that confirm the salary, and revise the amount of alimony, that is, pay them as a percentage of income.

If the father's salary is below the minimum

In our country, more precisely in each region,the minimum wage is fixed. And no company has the right to pay an employee less than this limit. Accordingly, if the father's salary is equal to the minimum wage for the region, then alimony is calculated according to the law in percentages.

So, for example, if the minimum wage -6000 rubles, then the amount of child support for one child is 1500 rubles. This, of course, is not enough, and this money is unlikely to be enough for the maintenance of the baby. It turns out that the minimum amount of child support for the child is only 25% of the minimum wage for the region? No, it can be even lower by law.

If the father is disabled

Many believe that the disability will removeobligation to pay alimony, but it's not. In this case, alimony for child maintenance is deducted from benefits and disability pension. If the disability of the third group, then a person is considered to be able-bodied, which means that he will be paid from the unemployed if he is not officially employed.

Invalids of the first and second group periodicallyhave to be screened to confirm their status. Then the amount of their benefits and incomes can vary, and the court can take this fact into account and designate alimony in a fixed amount of money. In this case, the minimum amount of alimony is determined only by the judge.

But the disabled father can apply to the court fora reduction in the amount of payments if he needs medical care and expensive medications. Accordingly, the minimum amount of alimony for a child will be critically low. But in any case, not only the court will not be fully able to withdraw from the defendant.

Alimony from the prisoner

If the father is in prison, thenhe is also obliged to provide materially for his minor child. After all, prisoners work and earn money, respectively, with him, too, you can get interest. These issues are handled by court bailiffs after the court decision.

If the convict does not work and income in the fielddeprivation of liberty does not receive, then he is obliged to pay the entire amount for the past period of serving in the colony after his release. The amount of alimony will be calculated as a percentage of the average salary in the region at the time of exemption.

Is it possible to reduce the amount of alimony legally?

So, it turned out that the minimum amount of alimonyper child is 25% of the minimum wage for the region per child, 33% for the second and 50% for the third. This will be about a little less than 1600 rubles. This amount is negligible for the maintenance of the child and the satisfaction of his household needs. And this is not the limit.

Our country has a law: child support can be reduced through court, if there are significant circumstances. For example, the father married, and his new family had children, that is, dependents, or he lost his ability to work, and he needs expensive treatment, or retired. But these circumstances will have to be proved in court, otherwise the claim will not be satisfied.

Current legislation changes

Until recently, the State Duma discussedthe question of the minimum amount of maintenance for the maintenance of minors. But the decision was not made, because, according to the changes, the minimum amount will grow to 15,000 rubles by 2016, and this is just child support. The new law was not adopted, so at the current time, you can only follow the above points.

Actually, describe each individual caseit is quite difficult, because everyone has different situations. But it must be remembered that alimony is not just a debt obligation, it is primarily not money, but the provision of your child whose interests you need to take into account. Therefore, you should not save on your own children, if you can provide them a happy childhood.