Many families break up, and children born in marriage remain with one of their parents. This means that taking care of the kids falls entirely on the shoulders of the latter. Therefore, many mothers are interested in the question of how many alimony are allocated for 2 children? So, according to the current legislation, a father who has left his family or for some specific reason does not live together with his offspring must pay funds for their maintenance in the amount of 33% of earnings.
In the event that dad does not have an official income and is not registered with the employment service as unemployed, the amount of money for child support will be calculated based on the average salary of the region where the child support payer lives.
the main thing
It's no secret that parents are obliged to fully provide for their children and take care of them until the latter become adults. Nevertheless, it often happens that mother and father’s love passes away, they cannot and do not want to live together and share a common life.
In such situations, very often only children suffer. After all, they remain to live with one of the parents, and the other should just provide them. But usually fathers, after leaving the family, often forget about the duties in relation to their offspring and do not even help them financially.
Therefore, most women are interested in the question of how much child support is required for 2 children? After all, they need to be fed, clothed and shoes, and one mother does not always have enough funds for this. Subject to the norms of the current Family Code, a parent who does not live with children must pay them alimony, which amounts to 33 percent of all his income.
How could it be
If a father loves his children and takes care of them, then he can agree with his ex-wife on the payment of funds to provide for the latter in pre-trial order. Indeed, according to the law, child support is collected from the parent only if he does not voluntarily provide material assistance to his children. If dad takes care of them, buys food and clothes, and also additionally transfers funds, then his ex-wife is unlikely to go to court in order to prove her case.
Many citizens who have remained in good relations after a divorce try to agree on the maintenance of children without legal proceedings. This can be done by drawing up a notarial agreement.
What is
Former spouses can conclude an agreement on the payment of funds for the maintenance of children and assure him of a notary. This document has the effect of a writ of execution. In this case, you only need to know one thing: the amount of payments is set by parents independently, but cannot be lower than the amount established by law.
Therefore, citizens who are interested in the question of how much child support is paid for 2 children should know that at least 33 percent of the earnings of a parent who does not live in the family.
And what can a father expect if he does not fulfill the conditions of a notarial agreement? If payments, the amount of which is specified in the contract, are not made in a timely manner and in due amount, then the mother of the children has the right to take the document to the bailiffs. In this case, enforcement proceedings are opened and the father begins to demand the transfer of funds for the maintenance of minors already by force.
If not working
In practice, quite often it happens that the payer of alimony is not officially officially employed anywhere. In addition, he does not have any real estate and his own vehicle. He does not refuse to pay money for providing children, but he is not in a hurry. How is child support accrued if the father does not work anywhere? As a rule, bona fide payers, after losing their jobs, are registered with the employment service. Of the assigned unemployment benefits, they are calculated 33% for the payment of alimony. But this is if there are two children.
In the event that a person does not have official unemployed status, the amount of alimony for the maintenance of minor offspring of the latter will be calculated based on the average salary of the region where the payer lives. This is the order.
Nevertheless, collecting child support if the father is not working is quite difficult. In some cases, such parents deliberately quit the company so as not to pay money to provide for their own children.
In total
The payment of funds for the maintenance of children may not only be in the form of a percentage of the parent's earnings. If the latter has an irregular and constantly changing income, the judicial authority may appoint him to pay child support in the form of a certain fixed amount. Typically, the cost of living of the region is taken for calculation. Alimony may be part of or equal to that amount. This will depend on the circumstances and financial situation of the parent.
Therefore, regardless of whether a person works or not, he is obliged to monthly pay child support equal to the assigned amount for the maintenance of children. But what is the minus of such payments? The thing is that a parent can suddenly get a high-paying position, and child support will remain in the same fixed amount.
From different marriages
Unfortunately, many families break up and new ones are created in which children reappear. But what if the man has several offspring from different marriages? How much is child support for 2 children in such situations? Everything is pretty simple here.
If a man has two children from different women, then child support in the amount of 1/3 of his income is divided between them in half. Thus, it turns out that each child will receive monthly money from his dad in the amount of 16.5% of his salary every month until he comes of age.
How to get the
The most common way to receive alimony from a second parent who does not live with his family and does not transfer funds to support his children is through foreclosure. The ex-spouse can file a lawsuit or write an application for a court order. In the latter case, everything is much simpler. The parties are not invited to the meeting, and the court order is executed within five days from the date of filing the application by the claimant. If the mother of the children filed a lawsuit, the process could drag on for a whole month.
It is important here to immediately determine what size of payments to demand from the father of the kids. According to the law, the minimum alimony cannot be lower than 33 percent of the payer's earnings. But if the father has a variable income, then their size can be fixed. Usually the court takes into account the financial situation of the two parties and makes its decision.
If child support is not enough
When a parent has not one, but two children at a time, it very often happens that the funds that the former spouse transfers are not always enough to properly dress and feed both babies. What can be done in such a situation? If the mother of the children knows that the father has hidden sources of income and can prove their existence, then she has the right to again apply to the judicial authority with a statement on increasing the amount of the alimony. In this case, the latter must necessarily support the foregoing with evidence (this may even be the testimony of her ex-husband’s colleagues). If additional sources of income are not established at the meeting, then the minimum child support will remain the same, in the amount of 33% of official income and in the form of a fixed amount.
Current regulations
The state continues to struggle with those citizens who do not want to transfer money to support their own children. It should also be recalled that in 2016 a law came into force that allows bailiffs to deprive drivers of their parents who have child support debts of more than 10 thousand rubles. In addition, they are still forbidden to leave the borders of our state. It is also worth pointing out that the amount of child support for 2 children in 2017 is the same as in the past, and amounts to 1/3 of the parent's earnings.
Currently, the rules of the law have become slightly tougher for those fathers and mothers who, despite the decision of the judiciary, continue to shy away from the material support of their children. First, an unscrupulous parent is held administratively liable, and then criminally liable.
Questions
Payment of alimony remains the most relevant and discussed topic for those people who have already divorced or are on the verge of breaking up the marriage. So, the latter are most interested in the question of what percentage of alimony for 2 children from his salary should be paid by a father who has left his family? Currently, this is 33% of all available income. If the parent lives on only one salary, then the required amount is calculated from it.
Can the percentage of alimony for 2 children be calculated only from income at the main place of work, if the father has additional income in another enterprise? No, this amount is withheld from all payer incomes. Therefore, if a person works officially in the second job, then child support will be calculated from his earnings. That is the law.
Is there a maximum amount of child support for 2 children in Russia, which is required to be transferred to the mother of his offspring by a father who does not live with his family? Currently, family law does not provide for this. Therefore, alimony can be recovered by decision of the judicial authority in the form of a percentage of the father’s earnings, or in a fixed amount. Parents of children have the right to independently determine the amount of payments for children and write it in the agreement, which must be certified by a notary.
What time
Funds for the maintenance of children must be paid by the parents until such time as they become fully capable. The mother of the babies cannot refuse alimony, because in this case the interests of the children themselves, who should receive material assistance from both parents, will be violated.
Nuances
It is also necessary to know that the parent, whom the court has deprived of his rights to children, is required to continue to support the latter. In other words, all duties remain with adult citizens. Therefore, even if the father does not work, he is obliged to pay child support.
Characteristic
Two children are not only happiness and joy, but also additional expenses, which often exceed the income of the parent with whom they live. Well, if the father helps the kids financially, takes care of them. And if not? What to do mothers of children in such a situation?
Well, if dad officially recognized himself as the father of the kids, then collecting child support for 2 children will not cause the mother much difficulty. It is bad when people were not painted, and the woman according to the documents is a single mother. Because it happens that a man is in no hurry to record himself as the father of his own children, when he simply cohabits with the mother of the latter. In such cases, babies may in the future be left without material support from the latter. And in order to recover child support from the dad of her children, a woman will need to establish his paternity.
On practice
For this period of time, justices of the peace almost every day resolve disputes over child support payments, because many parents disagree with their size. It is worth noting that child support for 2 children in 2017 is 33 percent of all incomes of a person. Therefore, if dad works in two organizations, then from each place of his career, accounting should deduct alimony.
Many citizens try to reduce the amount of payments to their children if they themselves are in a difficult financial situation. This can be done by filing a lawsuit. The application for reducing child support for 2 children is filled out as follows:
Justice of the Peace ____________
plot No. ________
Plaintiff ______________ (data and address)
Defendant _____________ (last name, first name, middle name and place of residence)
The statement of claim on __________________ (you need to write that to reduce the amount of child support for children)
By the decision of the court, I _____________ (surname initials, date of birth) is the payer of alimony for my children ________________ (data and date of birth). I transfer funds monthly, in the amount of 33 percent of my earnings.
Due to the fact that I had another baby _______________, with whose mother we do not live together, my ex-wife __________________ (data of the second wife) filed for alimony. Now I am forced to pay more than half of my income under executive documents. According to article 81 of the UK, child support for three children cannot exceed 50% of my total income.
In connection with the above and on the basis of Articles 81, 119 of the Family Code and Articles 131, 132 of the Code of Civil Procedure,
I BEG:
Reduce the amount of alimony for my two minor children _______________ (data and date of birth) to ______ (indicate the share of earnings or percentage) of all my income until they reach the age of majority.
Application:
1. Copies of the claim.
2. Statement of income of the plaintiff.
3. A document on the birth of 3 children.
4. Decisions of the judicial authorities to recover alimony.
Number _________ Signature ______________
Conclusion
Once again, it must be said that parents should take care of their children, as well as provide them financially. Unfortunately, this is not realized by all men who first leave their families and then hide from alimony.
Nevertheless, the state takes the necessary measures to protect the interests of minors, and forces their unscrupulous fathers to transfer alimony. For 2 children, the percentage of the salary will be only 1/3. This is quite a bit, especially if the kids dad has a small income.
But how much is child support for 2 children if they are exacted in a fixed amount? This will already depend on the standard of living and salaries of the region where the payer lives.