The question of how much minimum maintenance is required to pay a non-working person worries many parents who raise a child alone. Some believe that if the father (mother) who was awarded the payment of cash for the child does not work, there is nothing to keep from them. This opinion is fundamentally wrong. You need to know how and how much an unemployed man (woman) should pay child support.
The essence of nutritional relations
The question of the maintenance of children by a separate parent is very acute. Despite the disclosure of how much an unemployed father should pay alimony in family law, many are trying to circumvent these provisions.
According to article 80 of the Family Code, parents must support their under-age children, regardless of whether each of them is employed and what wages he receives.
With regard to alimony, Russian law allows for the peaceful settlement of this issue by concluding an appropriate agreement on how much an unemployed person should pay and in what order.
The legal status of an unemployed citizen does not exempt him from the corresponding payments. The procedure for collecting child support payments from a non-working parent practically does not differ from the same procedure in relation to employed fathers and mothers. This is due to the fact that legislation primarily stands up for the protection of the interests and rights of children.
Minors should not suffer any hardship due to the fact that their parents do not want to work or cannot find a job. The amount of alimony paid to a non-working person is also not affected whether the parents are divorced or are still legally married.
Clarification of the concept of alimony
The definition of the word "alimony" comes from the Latin translation, which means "content, dependency." In this regard, alimony is the amount of money paid by the debtor on a monthly basis for the maintenance of another citizen.
Regardless of how the unemployed and officially employed employees pay alimony, repayment of monetary obligations can be established by voluntary agreement or court decision.
If we are talking about drawing up a written document on monthly payments, it is determined how much child support is calculated for 1 child from a non-working person. By agreement, it is usually determined that the amount for two children increases exactly twice.
The purpose of paying maintenance is to provide a disabled family member in the financial sector. The legislation stipulates that not only children but also disabled parents and spouse are entitled to receive cash support (being on maternity leave and raising children under three years of age). In some cases, alimony may be awarded to other persons if they are dependent on the payer.
Cash payments can be set as a monthly retained portion of income or as a fixed amount of money. If we are talking about an unemployed person, the determination of how much the unemployed should pay child support is established on the basis of his wages for the three previous years. In some cases, the payer voluntarily pays the amount calculated for a longer period.
Terms of payment and amount of charges
When determining how much the unemployed father pays alimony in time, it is necessary to consider payments by agreement and court decision separately.
If we are talking about contractual alimony, the payment term ends in the following cases:
- after the death of the payer;
- in cases expressly specified in the agreement;
- at the end of the agreement.
If we are talking about child support according to a court decision, the payment term is terminated in the following cases:
- when the recipient reaches the age of majority;
- in the event a person acquires the status of a competent citizen (official employment, marriage, registration by an individual entrepreneur, and so on);
- after the death of the payer or recipient;
- at adoption (adoption).
Children are entitled to receive alimony regardless of whether the parents are married or divorced. Determining how much the unemployed should pay child support does not depend on voluntary financial investments in favor of children. Regardless of the status of parents in relation to each other, children's rights remain in the same form.
The general rules for calculating the amount of mandatory payments in favor of children are determined by 81 articles of the Family Code. According to this norm, a quarter of income is kept for one child from a working debtor, one third for two children, and half for three or more children.
This article does not determine how much the unemployed father pays alimony. For such cases, the law provides for the ability to recover a specific monthly amount of money from the debtor. At the same time, the basis for calculating payments is the principle of maintaining the standard of living of children that they had before the father (mother) stopped supporting them.
A fixed amount of child support is provided for in the following cases:
- With unstable or unstable income.
- Upon receipt of wages in foreign currency.
- In the presence of an unofficial part of wages.
- Upon receipt of wages in kind.
It is possible to determine how much a non-working person pays alimony both at the conclusion of an agreement and in a court of law.
Alimony Agreement with a non-working citizen
If the parties voluntarily establish how much the non-working person pays alimony, they can conclude an agreement in writing. For this, the amount must be precisely determined and fixed in the contract, which will be further certified by a notary.
The size of monthly payments at the legislative level is not established. Moreover, it was determined that the amount should not be set too low so that the interests and rights of the disabled recipient of alimony are not infringed. In some cases, the courts reduce the size of payments, even if they are calculated based on the provisions of Article 81 of the Family Code.
The legislation established that it is necessary to determine how much the unemployed pays alimony, taking into account the prevailing judicial practice on similar issues. However, there is no methodology for determining the exact amount of money payable to the recipient.
The positive side of the agreement is that both parties can independently agree when and how much to pay child support. In this case, the prosecution authorities or guardianship and trusteeship may invalidate the agreement if the document contains clauses that violate the rights and interests of the payee.
The concept of a voluntary alimony agreement
The contract on monthly mandatory payments in favor of a legally incapable person is drawn up by the parties upon reaching agreement on all key points. This type of agreement must meet all the requirements of civil law governing contractual relations.
One of the most important conditions for recognizing such a document as valid is its notarization. With such a signature and seal, an alimony agreement becomes a writ of execution.
If the parties in the document establish how much alimony is paid by unemployed men and women, but there is no notarization, the parties are required to comply with the terms of the document, but there will be no legal force.
If, according to an agreement drawn up and certified in accordance with all the rules, the payer does not fulfill his obligations, the agreement can be transferred to the bailiffs service to collect money in a forced manner. In this case, the debtor after five days, the data for the voluntary repayment of debts on alimony, the bailiffs can arrest the accounts and the property found.
The actions of the bailiffs to seize things and bank accounts and sell property at the auction will depend on how much the unemployed pays alimony, and how much debt is currently owed to him.
It is not only legal relatives who can conclude maintenance agreements in favor of legally incompetent family members. Contracts are also entitled to be concluded by people who are not related (for example, a stepfather who did not formalize the adoption in an official manner). In addition, when it comes to child support, the recipient may be an adult child.
An agreement on the payment of alimony for a child with a non-working person is the most convenient solution due to the fact that the consideration of this issue in court may entail the award of a larger amount of monthly payments. At the same time, the refusal to pay child support threatens the debtor with civil and criminal liability.
Change in the terms of the maintenance agreement and its termination
The procedure for amending the contract is determined by civil law. Since the agreement was notarized, all changes to it will also be made through a notary public.
Civil law rules determine that in case of violation of the terms of the agreement, the injured party has the right to recover losses incurred due to non-payments, as well as a forfeit. If the parties cannot agree on the amendments, they are included in the contract unilaterally, then the agreement is terminated through the court.
One of the good reasons for changing some terms of the contract is the loss of a job, in connection with which the payer loses earnings. In this case, he will not be able to pay alimony in the amount established by the agreement.
If the contract compulsory payments for children are calculated as a percentage of wages, in case of loss of workplace by the father, the amount of alimony will be zero. This will constitute a direct violation of children's rights.
When an unemployed payer is registered with the employment center, he is accrued benefits, the amount of which is several times less than his salary. Many citizens are not registered at all in the recruitment service, hoping to quickly find a new job.
For alimony workers who do not have an official unemployed status, the rule on the collection of mandatory payments from all income received applies. In such cases, problems arise due to the fact that it is impossible to take into account all income of a variable type.
If the loss of work is associated with the liquidation of the enterprise, the payer has the right to conclude an insurance contract in order to compensate for the lost income. In this case, when drawing up an agreement, it is best to take into account the risks of losing a job and determining the calculation of alimony for casual or unofficial income, as well as registering the payer's obligation to take out insurance and register with the employment center in a timely manner.
The size of monthly hard payments and their indexation
For the recovery of alimony from unemployed citizens, the most convenient option is to conclude an agreement on a specific amount of cash. If one of the parties does not agree with the proposed amount, the second should prove the legitimacy of the stated requirements and justify the required amount of alimony.
The agreement also needs to take into account indexation as one of the reasons for the increase in the amount of monthly paid cash for the maintenance of children and other dependents. Parties may voluntarily determine a different payment growth order.
If the contract increases child support based on indexation, recalculation is carried out by the bailiff or other body (organization) in which the document is being executed.
Foreclosure of parts of income
In most cases, the debtor side refuses to pay voluntarily, therefore mothers raising children are forced to go to court. If it is a question of recovering money as a percentage of all income, then the defendant must prove the amount of wages. The presence of other sources of income and their size most often lies with the plaintiff.
Due to the fact that payers try to hide most of the income or refer to the fact that this money is not recoverable, the law determines what types of additional sources of financing can be subject to settlement. These include:
- payments for the reduction and liquidation of the organization;
- scholarships and other academic payments, as well as income in graduate school, doctoral studies and institutions of a spiritual orientation;
- royalties for works of authorship and scientific discoveries;
- Payments on lease of the payer's property;
- dividends;
- Amounts paid to the payer in compensation for health damage;
- other types of income.
Upon receipt of unofficial wages, their presence and size can be proved by interviewing witnesses and checking bank accounts (if the transfer is made through a bank card).
The procedure for filing an application for the payment of alimony is determined by the legislation of the civil procedure type. If the application is submitted together with the documents for divorce (or separately from it), it is considered by the justice of the peace. Based on the court decision, an order is issued, which also has the force of an executive document.
Collection of child support in a fixed amount
If the payer has no work or unofficial income, the court must establish a fixed amount of alimony payments for him, based on the interests of the recipient. The specified amount should provide a decent standard of living for children, not lower than what was previously.
In judicial practice, the amount of monthly penalties for children is determined on the basis of the subsistence level and additional necessary costs (education, treatment and other expenses). The total amount should be divided by 2 (since there are two parents).
If alimony is collected before the children reach the age of three, the payer must fully support not only the children, but also the spouse. Therefore, the entire amount of expenses falls on the shoulders of the debtor, even if he is unemployed.
An example of the calculation of alimony for a non-working citizen
The amount of alimony can be calculated by the example of a wage in the amount of 40,000 rubles:
- one child: 40,000 * 25% = 10,000 rubles;
- two children: 40,000 * 30% = 12,000 rubles;
- three or more children: 40,000 * 50% = 20,000 rubles.
When calculating alimony from a non-working citizen, the minimum wage is taken into account. In the Far Eastern Federal District, it is 9,489 rubles. Thus, the calculation of alimony will look like this:
- one child: 9 489 * 25% = 2 372, 25 rubles;
- two children: 9 489 * 30% = 2 846, 70 rubles;
- three or more children: 9 489 * 50% = 4 744, 50 rubles.
The determination of how much alimony is paid by non-working citizens, and the collection of these amounts is carried out in the same manner as with the employee, with the exception of some points. It is important for the recipient to be aware of all sources of income of the payer and their size.