All parents planning a divorce should know how much they will have to pay for child support from their salary. The information is useful to both those who have to pay and the recipients of the amounts. Child support - a percentage of the salary, prescribed by law to ensure that the little man can live and develop without feeling the need. This is an element of social protection that allows you to maintain a stable financial position. Of course, no matter how many percent of the salary alimony is, it will not return the child to a healthy, full-fledged family, will not help to cope with psychological trauma, but still a certain improvement in the life of children with the introduction of such requirements has appeared legally. Let's try to figure out what rules are used to calculate.
Laws and Responsibilities
About how much of the salary child support is a percentage, says current legislation. The issue is considered in the Family Code, which additionally states that until the child reaches adulthood, the child is in parental care. The elders are charged with the obligation to provide the younger generation with everything necessary. About how the alimony from the salary in Belarus is calculated , the SC of this country tells. In a word, in every modern developed power there is a law whose task is to provide social protection for the younger generation.
As practice shows, the parent is not always willing to pay child support at his own request. Of course, the SC is formulated in such a way that it is possible to completely prevent the divorce procedure, but often there is simply no choice - the social cell cannot exist in harmony, according to people, the only way out is separation. The total family budget can no longer be the basis for support, and you have to calculate the percentage of the salary: child support is the child’s only chance to develop and use the opportunities available to his peers living in full families.
Mandatory
The Federal Laws adopted specifically to regulate financial relations between former spouses and their children also tell how much child support is paid. Fathers, mothers, even having left the family, are responsible for the child, and it does not matter who, with whom, where, how, how he lives. Currently, child support is very widespread.
In some cases, when registering a divorce, parents enter into an agreement on a voluntary basis. A specific amount of alimony is entered into it - how many percent of the salary per child will be paid in this case. The agreement indicates the obligations of all parties. However, it is not a fact that the parent agrees to pay the due amount. In such a situation, the only way is to appeal to legislative standards and enforce compliance. The procedure for receiving the required amounts, the procedure devoted to how child support is calculated from the salary, differs slightly from time to time, it depends on the circumstances of the particular situation.
Argue or not?
As practice shows, in our country, many do not know how child support is calculated, do not understand the importance of paying these amounts. Often, a conflict situation even in court deals with such a passion that it literally becomes scary. The experience of the judicial system on this issue has accumulated a huge amount, which once again demonstrates how often adults do not understand that they are responsible for the fate of the child. It is necessary for both sides of the process to know how child support is calculated. It is important to remember that penalties are provided, and in some cases the court may decide to reduce payments, if there are good reasons for that.
I agree!
Perhaps the most positive situation, if this characteristic is applicable to a divorce, in which a minor child becomes the main injured party, develops when the former spouses are adults, responsible, reasonable people. In this situation, both understand how important child support is and why they are required. Laws allow the execution of a private payment agreement, where people themselves determine what amounts will have to be paid monthly to support a child.
How the alimony from the salary is calculated, is decided by the divorced. As the amounts are determined, an official paper is signed, certified by a notary. In addition to the numbers, indicate the timing of payments, methods of transferring amounts and other important aspects, mentioned by interested parties in the document.
What to write down?
When choosing the amount of monthly payments, it is not necessary to prescribe the exact specific amount. Sometimes it’s enough to specify a percentage of the salary. Lawyers agree that this option is optimal: each of the former spouses can climb the career ladder, change their job, and be left without work at all. The choice in favor of interest helps to take into account possible situations so that all interested parties benefit.
The agreement involves the selection of the payment procedure. Usually, a payment is made once or twice a month, although from time to time a different approach is allowed. Dates suggest an indication of the moment from which one of the parents must begin to transfer money in favor of the second containing the child.
Option Features
The voluntary procedure for concluding an agreement avoids applying for restoration of justice to the court. In this case, it is important to comply with the deadlines set in the agreement. Currently, this method is the most civilized, simple, effective for all parties. If you specify not a percentage, but a specific value, you don’t even have to figure it out; child support is calculated from a clean or dirty salary: ex-spouses just immediately agree on the amount necessary for the maintenance of the child.
The benefit is also obvious from the point of view of time costs: when concluding an agreement on a voluntary basis, the procedure takes a minimum of time. Often, former spouses agree on a rather modest amount, which one will allocate to the other until the child reaches adulthood. But when interacting with the authority that provides justice, everything will be subject to the current law: as much as specified in regulatory enactments, you will have to pay so much, no more and no less. Persuade the amount of "more modest" does not work. For problems with payments, you can negotiate directly. If it did not work out, the second parent went to court, it is highly likely that it will be possible to explain the circumstances, which will cause a condescending attitude. Practice shows that those who conclude a voluntary agreement are sometimes not even assigned to pay a penalty for late payment if there were good reasons for it.
Forfeit
The term is used to denote the penalties applied by the court to the non-payer. Accrual starts from the first day of delay, that is, the next after the agreed upon date for the payment of amounts. If it is indicated, say, the 10th day, then from the 11th the penalty will be calculated. To do this, the payee must forward the application to the court. The calculation involves calculating the duration of the delay in days. The court finds out the specific amount that the parent pays, checks whether this is the amount for the whole month or half, divides the indicator by the number of days and finds out the amount of the fine. This approach allows you to accurately calculate the required monetary values, and it doesn’t matter, at the conclusion of the agreement it was decided whether child support would be calculated from a clean or dirty salary if the agreement specified a specific final value in numbers, not percent.
Special occasion
In practice, there is a situation where the parent, obliged to regularly pay the amount of money, maliciously evades the obligations imputed to him. In such a situation, a sentence of a fine of half of the amount of alimony is possible, that is, the debt grows one and a half times.
There are situations when the judiciary decides to meet the person. This applies only to the situation of the presence of objective reasons that did not allow to pay the required amount. As mitigating factors are:
- voluntary conclusion of an agreement to pay child support;
- maintaining a good relationship with the child (evidence of several people is required);
- good relationship with the second parent;
- timeliness of deductions before the onset of a conflict, problem moment.
Sometimes the courts cancel the penalty, in other situations they even decide to reduce the amount owed. True, you should not expect such an indulgent attitude: it is rarely observed, and even twice in a row this certainly will not happen again.
Once said - it is necessary
In case of refusal to conclude a voluntary agreement, the parent on whom the child is left may turn to the court for help. Proceedings in such a situation are rarely organized, more often the judge makes a decision, obliging the second parent to pay the amounts with the established regularity. Execute the decision by the court will have to be mandatory. However, as practice shows, sometimes the conflict comes to serious judicial debate.
Most often, a difficult situation develops when the child stays with the mother, and the father, who does not have an official job, must pay child support. Difficult circumstances are if the child has already reached the age of majority, but for justified reasons cannot work. If these or any other reasons give the parent the right to receive regular amounts of money, the court will certainly support him by making a decision on the need to pay child support. When the claim is satisfied, an official document is written out, on the basis of which the parent containing the child will have to pay the amount written in black and white in white.
Mathematical subtleties
If the agreement or court order contains a specific value, you do not need to calculate anything yourself. The task of one parent is to pay the prescribed amount every month, the second - to receive it and spend on the needs of the child. Mathematics is useful when the document contains the interest rate at which a specific amount payable is calculated every month.
Not everyone understands, child support is calculated from a dirty salary or a clean one, not everyone even clearly distinguishes between these two terms. Dirty is usually understood as the total amount of the revenue component - as much as the enterprise charges. From this value taxes are paid, a “net” wage is obtained, which is given to a person as remuneration for labor. It is from this value that a certain percentage will have to be transferred in favor of the second parent for the maintenance of the child.
Some subtle points
The law establishes that child support should be paid regularly. From the current standards, the following restrictions follow:
- Amounts must be transferred three days from the date of receipt of wages, other revenue components (early);
- when paying the required values via postal order, the payer must pay for the services of a unitary enterprise.
How and how much
If you had to seek the payment of alimony through the court, you should be prepared for a decision containing percentage indicators of the amounts payable. However, if the parent responsible for the payments is distinguished by the irregularity of income, then specific amounts will be prescribed in the resolution and it is they that must be transferred to the former second half every month.
If the basis for paying child support is one child, then you will have to pay a quarter of the income component, with two children - a third, with three or more - half of all income must be transferred to the address of the parent raising the young generation. In each particular case, the court retains the right to revise this share to a greater or lesser extent, if circumstances suggest this. The law stipulates that alimony is indexed, while official changes in the minimum wage are taken into account: the amounts allocated for raising children change in the same proportions.
How much?
TC contains restrictions on the maximum amount of payments under the alimony program. In the calculation, all executive documents are taken into account - sometimes it is only one paper, sometimes several. In any of the options, it is unacceptable for the amount to exceed half of the official income of the parent, who is obliged to pay the amount, even after tax. However, there are two exceptional situations in which retention can exceed this reasonable threshold:
- if at the same time there is a valid agreement concluded on a voluntary basis and an executive document drawn up by a court;
- the amounts are collected for the maintenance of minors (the maximum threshold for the case is 70%).
If the situation is such that several executive documents are valid at the same time, it is necessary to be guided by Federal Law No. 229. It states that child support is the first in the payment queue, everything else - only after these deductions.
About Amounts
It has already been mentioned above that the law states: only after tax withholding are the amounts deducted to the second parent. Calculation by example. Suppose a company employee has to pay a third of his salary to his ex-wife. Obligations for the calculation and transfer of values rest with the accountants of the enterprise. Let's say money transfer is another 3% of the amount. As a base value, we take that the employee's salary is 10,000 rubles per month. The presence of two children is the basis for the tax deduction: 2 800 rubles. Insurance premiums in this situation: 0.2%.
Personal income tax for the described case: (10,000 - 2,800) x 13%, i.e. 936 rubles. The amount used to calculate child support: 10,000 - 936 = 9,064 rubles. Alimony is: 9 064 x 13% = 3 021.3 rubles. Shipping: 3 021.3 x 3% = 90.64 rubles.