Almost every mother raising a child alone or who is in a stage of divorce from her husband is interested in such a nuance as child support for 1 child. How much interest is paid and how much can be claimed in court?
The collection of alimony, according to the Family Code, in 2016-2017 can occur in one of two ways: either in a predetermined amount of money, or as a percentage of the total income of the payer. In this case, the process of paying alimony can occur both by agreement of both parties, and by contacting the courts. An agreement is a mutually agreed decision on the payment of alimony to a parent raising a child in an amount that does not underestimate the indicator. The court considers many issues: "how many percent", "alimony for 1 child which should be paid" and much more.
In the case of payment of alimony as a percentage, a decrease in the cash benefit per child is expressed in a fractional ratio. It should be borne in mind that the minimum low percentage in the presence of three or more children is 16%. However, in exceptional cases it may be even lower than it should be.
Under what factors can alimony be charged
In order for child support to be received for 1 child, no matter how many percent, the following factors must be present:
- Kinship. Payment of alimony is carried out only if the payer is a biological parent. This factor is established either by birth certificate or in court.
- Number of years. The collection of alimony is possible only if the child has not reached the age of majority. Otherwise, the payment of cash allowance from the parent is possible only if the child is incapacitated.
- The presence of a source of income from the payer. In the event of his absence, as well as property that can compensate the debt to the child and the state, alimony may not be paid. However, this does not relieve the payer of the payment of alimony.
- Duration of treatment. If you go to court within three years, the payer must pay child support until the child reaches the age of majority. Otherwise, the child benefit is paid only for the last three years, excluding previous years of his life.
The amount of interest from the salary for the payment of alimony
If no agreement has been reached, and you have filed a lawsuit, then you absolutely need to know how much percent of child support for 1 child is. Their amount directly depends on the number of children:
- One baby - 25%.
- Two children - 33%.
- Three or more - 50%.
These indicators can change both up and down - depending on the income of the parent and other reasons. However, a change in cash allowance is only possible in a judicial proceeding.
How alimony can be withheld
If the issue of monetary support is considered in court, then it is the judges, taking into account the material and marital status, decide what percentage of the salary is child support for 1 child. Payment of assistance to a child can be carried out in the following varieties:
- In the form of wages.
- Natural products from own farms.
- Property values. However, they are paid only in the absence of earnings.
- In a predetermined amount - in the absence of a stable income or any type of earnings in general.
What types of income are deducted
If child support is paid in the form of cash in the amount of 1 child, no matter how many percent of the salary they make, the following sources of income are taken into account:
- Directly from the salary.
- With allowances and surcharges.
- With premium or other permanent sources of material incentives.
- With payments to persons belonging to the public service and holding high positions.
- With funds paid by the municipal employee.
- From the income of cultural workers.
- With additional cash income in the form of surcharges to the tariff, salary, length of service, state secrets and other things.
- With funds received as payment for hazardous and harmful work, as well as when entering holiday and pre-holiday workers and non-working shifts.
- With the payment of remuneration to teachers serving as a class teacher.
- With the income of medical workers in any position they occupy.
- With various types of pensions - social, labor, disability.
- With scholarships.
- With cash payments for temporary or permanent unemployment. They are carried out only in a judicial proceeding or according to an agreement concluded in advance with a notary between the parties.
- From the funds received by the parent from the liquidated organization until the period of his official employment.
- With material resources received by the payer from their own individual entrepreneurship.
- With earnings from the provision of housing for temporary use by private individuals.
- With the monetary content of the military or employees of the Ministry of Internal Affairs or ATS.
- From the earnings of convicts sentenced to corrective labor in jail, as well as addicts undergoing treatment and rehabilitation in medical institutions of the state type.
Thus, this is how child support is calculated for 1 child, how many percent the state will accrue, and the parent will pay so much - regardless of the type of earnings.
From which income payments are not made
However, there are types of income from which child support cannot be withheld. These include:
- The payment of funds by the organization as a compensation for medical nutrition.
- Disbursement of funds for travel expenses.
- Payment of compensation for the transfer of an employee to another branch of the company and another district.
- Surcharge for the purchase of a new tool to replace the unsuitable employee.
- Monthly payment of money by the state for the maintenance of a pregnant and giving birth to a woman.
- Funds from the state for the burial procedure of a deceased relative.
- One-time allowance for women who have given birth to children.
- Benefits issued by the state to help those in need.
- Pension benefits for the death of a breadwinner.
Thus, if a person received money according to one of these options, then it is impossible to receive alimony for 1 child, no matter how many percent.
How to apply for child support
There are two types of recovery of alimony: by agreement and in court. And each of them should be considered separately.
Obtaining support under the agreement
The agreement allows both parties to establish not only how much percent of the salary is child support for 1 child, but also the possible additional costs for the child: treatment, study or travel to a sanatorium. In this case, all the nuances of the timing and payment are negotiated between parents.
In order to use the agreement, it must be endorsed by a notary public, as well as by each of the parties.
Judicial support received
However, there are times when nothing amicably resolved. In this case, you should contact the court, which will decide how much interest to pay child support for 1 child. In this case, the following documents are sent for consideration and decision to the legislative bodies:
- Application in 2 copies.
- Inquiries from the places of work of both parents and data on the income of the payer.
- Data from everyone's home book. If you live together - one extract is enough.
- Original and copies of birth certificates and marriage certificates.
The claim must be filed at the payer's place of actual residence.
Factors that reduce or increase child support
There are situations when the mother of the child has lost her job or is on maternity leave with the common child of the payer. In the case of a legal marriage and subsequent divorce - or lack thereof - every woman is interested in this question: "How many percent of the salary are child support for one child and wife?"
In the event of a woman losing her job, the court has the right to increase the amount of alimony for its maintenance. If the payer has lost his job or for some reason is not able to carry out labor activity, the court has the right to reduce the amount of alimony to the average wage applicable throughout the country.
In the case of payment of alimony as a percentage, a decrease in the cash benefit per child is expressed in a fractional ratio. It should be borne in mind that the minimum low percentage, in the presence of three or more children, is 16%. However, in exceptional cases it may be even lower.
In order to find out whether the defendant has the right to reduce child support or the plaintiff to increase them, the following documents must be sent to the court by one person:
- Salary data.
- Copy of the employment contract.
- An official paper from the organization in which the applicant works.
- Birth certificate of a child.
You can also find out how many percent alimony for 1 child in improving the financial situation of the payer can be through a court. For this, the judge should be provided with documents proving the improvement of material well-being of the payer.
An increase in the percentage of alimony is also possible with a too low percentage of payments. So, ¼ part is considered miserable, and therefore the court has the right to increase the size of the monetary content.