Minimum child support for two children

In recent years, Russia has been actively developing strategies to increase demographics, aiming for at least one child for each parent.

At the same time, various incentive tools are used - from maternity capital to monthly benefits for a second child. However, state support for parenthood does not guarantee the strength of family relationships, unfortunately. More and more parents are faced with the concept of child support.

What is child support?

According to the definition prescribed in the Family Code of the Russian Federation, child support is a means of maintenance, which the law requires the parent to pay to minor children. Mother or father who has dependent children, a guardian, representatives of guardianship authorities has the right to receive alimony.

Who pays child support?

It is accepted that the debtor for alimony be considered a man, since the woman who has been responsible for caring for and feeding the child since birth always remains with the children. However, practice shows that penalties are also required for dads who have dependent children. According to statistics, out of a hundred applications for the payment of alimony in favor of children, two statements are written from a male person. Even more frequently, custody of the mother is required by custody or official representatives of children whose mother leads an immoral life, is serving a sentence or is deprived of parental rights.

By the way, parents in custody are not exempted from child support for two children. If they have the ability to work, then in the first place is the maintenance of the alimentary part. If there is no regular income, then all his debt is accumulated and payable after his release, regardless of how old the children are.

Legal support

All types of alimony, the accrual procedure, the amount, in particular the amount of alimony for two children, are established in the Family Code of the Russian Federation. Article 80 is devoted to the payment of this compensation. It describes the collection process and the amount of alimony for two minor children.

Grounds for claiming alimony

Children under the age of 18 are required to support both parents. When one of the parents, most often the father, leaves the family, it is generally accepted that children remain dependent on their mother.

Parents can agree on the amount of child support paid orally for two children. Typically, this practice occurs in peacefully separated and friendly spouses. Sometimes they resort to the conclusion of an agreement, which indicates the amount, date of payment. This agreement is written and must be drawn up in the presence of a notary. It is a guarantor for both a single parent and a payer. However, there are parents who shy away from any kind of child support, as a result of which the mother has the right to apply for child support.

To do this, the following conditions must be met:

• the recipients and the payer must be related, that is, the parent must be entered in the birth certificates of the children;
• children are minors, which means requiring financial support;
• the alimony payer must be legally competent to make the prescribed payments.

A package of documents required for alimony.

If the spouses cannot agree on payments, and this uncertainty prolongs the payment procedure, then the mother left with two children can apply to the magistrate's court at the place of residence, providing a certain package of documents. Submission of documents is a rather troublesome procedure, and you need to thoroughly prepare for it. To consider the application you need:

1. Application for the issuance of a writ of execution or a court order for the payment of alimony.
2. The original passport of the applicant and a copy of all completed sheets of ID.
3. A certificate of marriage or divorce, depending on the relationship the spouses are in. Photocopies.
4. Birth certificates of children and copies.
5. Extract from the house book, which indicates the composition of residents with the applicant with a detailed indication of the area of ​​housing. If the housing is rented, then you can provide a contract of employment.
6. State duty receipt for alimony.
7. Copy of the passport of the debtor.
8. Information about the whereabouts of the spouse or information about the search by the police, if the whereabouts are unknown.
9. Information about the place of work and income of the spouse.

Important! If the spouses were not married and the father did not participate in the life of the children, either in fact or in documents, then first you need to obtain recognition as the father of the children and make an appropriate entry in the birth certificate. The basis is often a DNA test. Only after the recognition of paternity does it make sense in the further collection of the remaining documents for alimony.

Application Review

On the basis of all the attached documents, the justice of the peace issues a judgment at the meeting or in absentia if the application and the submitted documents are in order. If the amount of alimony for two children does not suit the defendant, and he disputes the lawsuit or hides information about himself and his income, go to another document - the executive sheet.

A writ of execution is a decision on the amount of alimony for two minor children, which requires a detailed study of all documents and the mandatory presence of both parents in the courtroom.

Way to express alimony

Child support is paid either in a solid unit, i.e. a fixed amount determined by agreement between the spouses, or an amount established by regulatory documents by a court decision, or may be of a property nature in the form of real estate.

The amount of child support payments for two children in Russia

The most common way to pay off is to keep part of your salary. For two children, child support is collected in the amount of 1/3 of the spouse's income. If the father’s income is random or they are not recorded in tax returns, they resort to calculating the payment of the minimum wage (minimum wage).

In 2017, the minimum wage was 7,500 rubles, respectively, the minimum amount of alimony for two children will be 2574 rubles. By court decision, even this small amount can be changed down. Alimony is charged on two children in an amount reduced by two aspects: the presence of other dependents of the father or the presence of a payer disability. A father who is officially unemployed will provide part of the unemployment benefit. The employment center will receive an obligation - to keep the amount of alimony for two children from its applicant.

When determining the amount of payments, they are guided not only by the financial situation of the father, but also by the living conditions and material security of the mother. Thus, the poverty, confirmed by documents, can increase the amount of child support for a parent with two children.

When the court determines the amount of payments by fixing all the income of the defendant, it does not take into account the following proceeds:

• child support for another child;
• child benefits;
• business trip;
• maternity allowance;
• survivor payments.

The minimum amount of child support for two children may be withheld from the scholarship if the defendant is a student.

A slightly different payment may be for children, one of whom is younger than three years of age. The fact is that, being officially on maternity leave, the mother of a young child is temporarily disabled, as she devotes all attention, care and time to the baby. In this case, the amount of alimony for two minor children is 33 percent and mother's alimony. The payment of alimony to the mother is carried out on maternity leave, but it will be no more than half the amount per child. So, when paying child support in the amount of 10,000 rubles for two children, a woman claims 5,000 rubles. But obligations to the mother cease as soon as she officially marries another person.

When do payments come

The extent to which child support will be paid for two children is established by the court. From the moment the decision is made, penalties will begin. If previously a parent avoided the financial support of his children, then it will be possible to keep all payments from him for a maximum of three years. Alimony ceases to pay for two children when they reach the age of 18, and a new marriage during this period of growing up children does not cancel the alimony relationship.

Statistics on Alimony Payers in Russia

Despite the fact that in Russia the amount of child support for two children is minimal, the situation with dodgers leaves much to be desired. According to data for 2016, 864 thousand writ of alimony were compiled. The debt is more than 100 billion rubles.

At the moment, a proposal has been made to withdraw the only housing in favor of paying off child support debt. Also, the deputies initiated a proposal to create an Alimony Fund. In other words, parents awaiting the timely payment of alimony for two children should receive funds for the children as established by the writ of execution, but from the fund, and the state, in turn, will replenish the fund, collecting amounts from debtors. This will save parents from constant expectations, the search for a hiding spouse or the expectation of an improvement in their financial situation. The bailiffs will remind the debtor to pay the money not to the children, but to the Alimony Fund.

Responsibility for avoiding child support

Unfortunately, the situation with the repayment of alimony debts in Russia leaves much to be desired. Therefore, strict measures are taken by law in relation to an unscrupulous parent.

Malicious evasion may well result in a criminal punishment of the parent. The law provides for several types of liability.

• Firstly, civil liability, which involves penalties, winds up additional interest on alimony for each overdue day. However, with a good reason, the law takes the side of the respondent parent.
• Secondly, there is administrative responsibility, which establishes fines and actions with the property of the defendant. So, bailiffs can seize immovable property in order to use it to pay off the debt to the plaintiff. This also includes a ban on flights to other countries. One of the practiced penalties for administrative responsibility is the withdrawal of a driver’s license.
• Thirdly, criminal liability, which is an extreme measure of influence on a negligent alimony payer. The basis for criminal prosecution is a systematic concealment from the execution of a court decision or the presence of a disabled child as a target recipient. Spouses can expect correctional labor, arrest up to three months and imprisonment for up to one year.

There are objective reasons and circumstances for which a spouse cannot pay. But, if he himself does not state such reasons and does not confirm them with documents, then it is time for the representative of the interests of the children to go to court again. To do this, the mother writes a statement to the court about the violation and non-payment of alimony, and then the bailiffs perform the actions.

Deprivation of parental rights

Such a measure is always sensitive to any parent reporting on their actions. And according to moral and psychological factors, perhaps this is the most extreme measure than criminal liability. But to achieve such a court decision is extremely difficult, from the point of view of collecting all the facts testifying to the negligent attitude of the parent towards the abandoned children.

In turn, the court relies on the presumption of innocence, that is, a person will not be guilty until proven. If the parent does not have extenuating circumstances of non-payment of alimony, then he may be deprived of parental rights.

What does the second parent with dependent children receive?

1. Firstly, the sole participation in the lives of children, the legal right to change the name in the birth certificate.
2. Secondly, any travel abroad no longer requires the consent of two parents.
3. Thirdly, in case of marriage or marriage, the new spouse can adopt or adopt children.
4. Fourthly, any contact of children with their former spouse is limited or completely prohibited legally and at the initiative of the parent.
5. Fifthly, children are exempted from further possible payments due to disability or incapacity to a deprived parent, but continue to apply for an inheritance due to blood relationship.

The main aspect of this court decision is that the spouse, deprived of his rights, continues to bear the obligation to pay child support.

Facts that will play in favor of deprivation of parental rights:

• Avoidance of payment for more than 4 months;
• concealment of income, bank accounts and property;
• immoral lifestyle;
• alcoholism, drug addiction;
• change of residence for the purpose of tax evasion;
• unwillingness to work or register with the labor exchange;
• beatings and other use of physical force against children.

The decision on the deprivation of parental rights is not limited in duration, and the parent can try to restore his rights, however, for this he will need to pay all the alimony debts and take up his moral character. However, the process will become irreversible from the moment the children are adopted by a new spouse. If the new father or mother voluntarily adopts the children of the spouse or spouse, then child support from the deprived of parental rights is terminated.

Is it possible to control the targeted use of alimony

The Family Code of the Russian Federation, which regulates civil-property relations within the family, provides for the forced payment of alimony for two children, however, it is not possible to require the guardian to report on the use of money for children in accordance with regulatory legal acts.

However, control over the observance of maintenance costs can be established by concluding an additional agreement between the parents at the notary public. This practice occurs when a high child support rate for two children is established. Reporting is all financial transactions, checks, receipts for payment of a kindergarten, school or medical services.

Change payout order

By decision of the court and guardianship authorities, it is possible to change the method of paying alimony by opening a current account and sending up to 50 percent of the amount of alimony for two children there. This practice is applied if the incomes of both parents are sufficient, as well as if the guardian was noticed in misuse of funds. Accordingly, the child support payer must prove the fact of embezzlement by statements of the guardian's expenses. A parent left with two dependent children may challenge the decision to transfer part of the alimony to an untouchable reserve, also providing his income statement and evidence of the intended use of alimony for the children.