The birth of children is always joy and happiness for mom and dad. But, unfortunately, it also happens that the spouses decide to end their marriage and get divorced. In this case, the children remain with one of the parents (most often with the mother), and the father only helps the children financially. Nevertheless, not all ex-husbands want to contain their offspring from past relationships. But in the family there can be not only two, but also three children. How to be a mother of babies in this case, how to provide them financially? How many alimony for two children should a father transfer so that they do not need anything? You will find answers to the questions in the process of reading this article.
Small introduction
Keeping children is the main duty of their parents, which they must fulfill before the children reach the age of majority. Therefore, if a family breaks up and one of the parents leaves, it is incumbent upon it to pay funds to provide for the children.
It must also be said that children have the right to receive material support from two parents. Therefore, if the kids live with their mother, this does not mean at all that dad should forget about their existence and build his life.
Nevertheless, many mothers are only wondering how much child support they should receive from ex-husbands. After all, babies need to be raised, fed, dressed, and paid for. So, by law, this amount should be equal to 1/3 of the earnings of the father of children. But this is if he has an official source of income. Otherwise, the judicial authority may recover from it funds for the maintenance of children in a certain amount (for example, five thousand monthly). Such rules.
By law
Currently, the state continues to struggle with those irresponsible parents who do not want material help to their children. I would like to say here that a law is currently in force in Russia, on the basis of which even the bailiff can deprive the non-payer of his alimony driver’s license until the debt is fully repaid. This can be done in the case when a person maliciously refuses to pay funds for the maintenance of his own children, when the amount of debt is already about ten thousand. As practice has shown, this measure is very effective.
In addition, I would like to say that the father must pay alimony for two children in the amount of 33% of all his income. Thus, if a citizen works in several organizations, then you can send to each company an executive document to withhold funds. Although in practice this is extremely rare.
Recovery
So, how can one oblige the second parent to pay alimony for two children if he avoids his responsibilities in every way? In this case, you must contact the judicial authority. The mother of the children can file an application with the justice of the peace of her district (according to the rules of jurisdiction of Article 29 of the Code of Civil Procedure) or send this document to the court at the place of residence of the father. According to the law, a woman with children can do what is convenient for her.
Procedure
So, you can write a statement on the recovery of alimony from your ex-spouse directly in a magistrate's court (a sample is available there). In addition, a woman should bring copies of the following documents:
- birth certificates of children (the defendant must be indicated there by the father);
- document on termination or conclusion of a marriage union (if there was no divorce);
- certificate that the children live with their mother (you can take it at the passport office, you need to bring the original to the court, not a copy);
- the lawsuit in duplicate (because one will remain in court, and the other will be sent to the father of the babies).
If additional information is required, the judge will say so at the meeting. It is also necessary to say that the state duty is not paid here, because it is a question of protecting the rights and interests of minors.
Additionally
So, citizens wondering how much alimony for two children need to be paid to their ex-wife or husband (if the kids live with him) should know that this amount will depend on the income of the defendant. As a general rule, this is 33% of all available income.
In addition, I would like to say here that if the defendant (future payer of alimony) has a permanent job, then it is not necessary to file a lawsuit in the magistrate’s court and wait for the writ of execution. It will be enough to write a statement on the issuance of a court order. Then take this document to work with the debtor. Payment of alimony must be made from the date specified in the order itself. It is necessary to know about this to a parent who lives with children and expects financial assistance from his ex-spouse.
Voluntarily
Fortunately, not all fathers living for any reason separate from their family do not want to help their babies. There are also dads who pay alimony voluntarily, and women do not need to contact the judicial authority to enforce the collection of funds to provide for children. Nevertheless, many lawyers believe that in a similar situation, men themselves should protect themselves from any problems with the law. Therefore, such conscientious fathers should always take a receipt from his ex-wife that he gave her a certain amount of money for children. This is exactly what some citizens living in Russia do.
Alimony for two children must be listed. After all, they need constant material support and care not only of the mother, but also of the father.
Interesting
Family law stipulates that money is collected from parents in court only when they do not provide voluntary material support to their children. This is a very important rule. This must be remembered.
By agreement
So, modern people who parted by mutual agreement and have no claims to each other, are trying to agree peacefully on the amount that the former spouse will transfer to the maintenance of common children. Of course, this rarely happens, but nonetheless this also happens. So, in a similar situation, citizens conclude an agreement on the payment of funds to provide children with the parent who will live separately from their kids. Then this document must be certified by a notary public. Otherwise, the agreement will have no legal force.
How much child support pay for two children in a similar situation? The amount of funds should be stated in the agreement itself. It may even be half the earnings of the former spouse. In this agreement, citizens themselves determine the amount and method of paying alimony.
Important
It often happens in life that spouses get divorced and create new families where children are also born. In a similar situation, many men, and women, are concerned about the question of how to pay child support for two children from different marriages. The answer here will be quite simple. If a man divorced his wife and has two children left, then he should transfer 1/3 of all available income to them. If he was previously married and he has another child from another woman, then these 33%, deducted from wages, are divided in equal shares. It turns out that by the decision of the judicial authority, he will pay child support for two children at 16.5% of the earnings. You must know about this. Especially if the man’s earnings are barely enough for his own existence.
And if a woman has 2 babies from different husbands, how much percent of child support will she be able to receive from her ex-spouses? Everything is quite simple here. If each of the men has only one child, then you will need to pay 25% of all income. In the case when the woman's ex-lovers also have other children, the percentage of alimony will be much lower. You need to know about this. Moreover, the ex-spouse should not count on decent support from the ex-lover in the event that he has a new family. Because the judicial authority, when making the final decision, will take into account the material situation of both parties.
Nuances
So, unfortunately, but at present a large number of children are born to those parents who are not legally married. In addition, many women do not even enter their common-law husbands in the birth certificate of their babies. But then the following question arises: what kind of alimony for two children can their mother get from a dad who, by law, is not their father? The answer here is quite simple. Alimony will be appointed only after paternity is established. Otherwise, mothers of babies should not count on support from the former civil husband.
The collection of alimony for two children in such a situation is carried out in court. True, to begin with, a woman will need to prove at a meeting that the defendant is the biological father of her children. If this claim is confirmed, the court will appoint a certain amount of alimony for payment. This must be known to women who, by the will of fate, were left without the support of their former lovers after the birth of the babies. Unfortunately, this also happens.
If it doesn’t work anywhere
Many alimony payers try to get an enterprise informally in order not to pay funds for the maintenance of their children to their ex-spouse. What happens in this case? If the father of children does not work anywhere and has no income, then bailiffs calculate child support based on the average salary in our country. Therefore, if at present it is approximately thirty-five thousand, then they will be used to calculate funds for the maintenance of two children in the amount of 33%. It’s easy to calculate that this is a pretty decent amount.
What is characteristic
It is also necessary to say that the percentage of alimony for two children can be reduced only by decision of the judicial authority. This is allowed only when the financial situation of the parents of the kids is seriously changed. For example, a former spouse has entered into a new marriage and there he also had a child. After which he divorced, but the former wife also filed for child support. In such a situation, funds for the maintenance of children will be calculated from half the salary of the father. They do not have the right to recover more from him.
True, if there is a large debt on alimony from the income of an irresponsible parent, they can deduct up to 70% and transfer funds to support children. This is done by the accounting department of the enterprise where the debtor works, by order of the bailiff.
In a certain amount
Unfortunately, but many alimony payers hide their real income. This is especially true in a situation where the father of the children works in a private campaign or works from time to time and receives very little. What remains for a woman to do in a situation where she is left alone with her children, and her ex-husband does not help her in any way? Only go to court with a request to increase the amount of alimony for two children. In practice, this happens quite often. However, if a man nevertheless constantly pays a certain amount to his children, and in addition to his salary, he does not have income, then the court leaves everything as it was.
Nevertheless, if a woman at the meeting provides evidence that her ex-lover lives very well, drives an expensive car and rests in the resorts, does not deny herself anything, then it is possible that the court will satisfy her requirements. Only they must be documented. Also in a similar situation, you can take the help of mutual friends and invite them as witnesses. It is also necessary to provide confirmation of all material costs for providing children with the necessary. If the amount of alimony is very small and does not even cover half of all expenses incurred by the mother, then the judicial authority will meet her and establish payments in a certain amount.
This in practice happens quite often.
Total
Children need the care and support of both parents. Therefore, even if the latter do not live together, you need to try to maintain good relations with your ex-spouse, if only so that the kids do not suffer without the attention of their father. In addition, it must be said that children have the right to receive material support from their parents until adulthood. Evasion of the obligation to pay funds to provide for their offspring is punishable by law. An irresponsible parent can be imprisoned for one year, after which he will receive a criminal record and other unnecessary problems with the law.