Financial support for minor children lies on the shoulders of both parents. It doesn't matter if they live in an official marriage or are divorced. In the case when both parents try to resolve the financial issue in a mutual manner, but are not able to reach consensus, they have to file a lawsuit with the courts for legal regulation. In order to make a correct calculation, the court considers several aspects: the parent's earnings, whether there is official employment, how many children in the family are under the age of 18.
According to statistics, most often the father is the child support payer. But what if he does not have formal employment? Is it then that the burden of responsibility will be removed from him? How is child support calculated if a person does not work officially?
The procedure for establishing material support
There are two options for how child support is calculated:
- Peaceful agreement. So, for example, if one parent is temporarily unemployed, but understands his responsibility and the need to provide assistance to his children, parents can come to an amicable agreement without initiating a trial. As a rule, all agreements reached are displayed in writing. The document should contain specific information about the timing of payments, the amount of benefits and for whom contributions will be made. If the parent has a job, but is not officially employed, then a certain interest rate can also be fixed depending on the amount of income. In order for the drawn up agreement to become legal, it is imperative to contact a notary for certification. The document must be signed by both parties.
- Trial. It is used in the case when the spouses can’t negotiate peacefully. During the trial, all aspects that will affect the amount of established payments will be considered.
How is the calculation made?
The question of how child support is paid if the father does not work is of interest to many Russian women. Unfortunately, such situations are not uncommon today. In accordance with Russian law, if the husband does not officially work, then the amount of alimony payments will be calculated based on the established average size of earnings. It is important to take into account that in each region, region or territory this is its own indicator, which may differ to a greater or lesser extent.
The amount of alimony also depends on how many children under the age of majority are in the family. Regardless of whether the ex-husband works or not, the percentage of payments due will increase. Today, if there is one minor child, payments amount to 25% of the average earnings, if two children + 8%, from three children or more - 50%.
How much child support is paid for an unemployed person if the ex-husband is officially recognized as such? If a citizen is registered with the employment service, then in this situation the average salary indicator will not be taken into account. It is charged of the amount of the established unemployment benefit. Such a calculation is relevant for citizens who do not have a job or are not officially employed.
What are the consequences if there are no payments?
Regardless of how the alimony is accrued, due to the absence of their monthly deduction, the payer is in arrears. In the event that the parent does not have an official place of work or is not at all employed, the indicator indicated above for unemployment will be applied (if he is registered with the corresponding service).
If there is no payment for a long period of time, then article 157 of the Criminal Code of the Russian Federation can be applied to the non-payer and initiate his status as a malicious non-payer who specifically evades his duties.
How is the payment amount fixed?
Article 83 of the RF IC provides for one of the options for how child support is calculated in the form of a fixed amount of a monthly payment. To obtain such a right, the parent with whom the children live must initiate an appeal to the court for further consideration. Given all the circumstances, the judge may charge a fixed monthly fee for the other parent, for example, 6,000 rubles. This amount is the sum of the established living wage.
In the event that the parent's earnings may increase, in order to increase the amount of payments, it will be necessary to re-create the claim to the court. It should be noted that for a detailed review and increase the chances of changing the amount, you must first collect as much documentary evidence as possible.
The amount of alimony from the amount of earnings
How is child support calculated if the father works officially? This option is possible only if there is no peace agreement, which means that under the law a quarter of the earnings must be paid for the maintenance of the child, one third for two children and half if the family has more than three children. When the husband is unemployed, then the amount of alimony will be set in accordance with a certain indicator of a living wage in a particular region or region.
How are child support payments accrued in court?
Depending on whether a settlement was made and how much parents were able to independently agree on upcoming payments, it depends on the order in which they must go to court and which package of documents they need to collect. If parents were able to find a common solution to the task, then you need to go to court to issue an order that will testify to certain obligations. But this is only possible if an agreement has been reached on all issues. Within 5 working days, a decision will be made in court. All documentation will be sent to the parent, who agrees to pay child support.
If there are no objections, then after ten days the officially issued order takes legal force. In the event that the defendant or the plaintiff has objections, within ten days you can appeal the decision in court.
How is the application compiled?
Before you understand how child support is calculated, a woman must find out how to properly go to court to recover them. In order to correctly formulate a statement, it needs to display such items as:
- Full information about the court in which it is planned to file an application (name, address data).
- Contact information about the plaintiff.
- Documentary evidence of violations committed by the defendant.
- The grounds that led to the formation of the statement of claim.
- Calculation of alimony. A fixed amount may be indicated.
What documents do you need to provide?
When submitting an application, it is mandatory to attach:
- documents confirming the conclusion / termination of the official marriage union (it is recommended to first make copies);
- documents confirming the birth of children, which further require payments in the form of alimony;
- confirmation of the defendant's material income or a certificate indicating the presence / absence of work;
- official confirmation in the form of a document from the house book, which will confirm the fact of living with one of the parents.
If there are additional documents, you can attach them as an addition to the case, if they can significantly affect the decision.
Conclusion
The question of how child support is calculated for the unemployed is quite relevant today. Often negligent fathers deliberately work informally and hide earnings. It is important to take into account that if the father does not work, then article 83 of the RF CC can be applied to him, which allows fixing the amount of alimony for further payment. A percentage form can be selected. If the children live with the mother, and she acts as the plaintiff, then this issue remains at her discretion.