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Video: How much alimony should a person pay without an official job
2023 Author: James Gerald | [email protected]. Last modified: 2023-05-24 12:31
Everything related to alimony and the obligations of a parent who does not live with the family is regulated by the Family Code of the Russian Federation. There is also the Government Decree No. 841, adopted on July 18, 1996, which specifies the procedure for withholding alimony payments from income. If a person does not work officially, then how much he must pay alimony according to the law is indicated in Article 81 of the RF IC.
Nuances of legislation
The question of whether it is possible not to pay alimony is not considered in Russian legislation. The Family Code of the state enshrines the obligation to maintain a minor child. It does not depend on the status - the parent is working, is registered with the Employment Center, or is simply listed as unemployed, he must take part in meeting the needs of his child.
Even a person who does not work anywhere (meaning, not officially registered or receiving income from renting out property, bank deposits, rent) is obliged to pay alimony.
The legislation does not indicate the exact amount, although the procedure for settlements is determined. Therefore, it is difficult to answer exactly, if a person does not work officially, how much he should pay alimony, and reasonable people agree on the amount of monthly payments. If it is impossible to reach an agreement peacefully, this is decided through the courts.
The only thing that distinguishes a working parent from an unemployed parent is the amount of payments. Those who work deduct a percentage of the real wages, and those who do not work - from the average salary in the country as a whole. Failure to pay alimony, regardless of employment status, may recently lead to criminal liability.
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Alimony by court
The law establishes the amount of percentage deductions, which varies depending on the number of children: for 1 child - a quarter of earnings, for two - a third, and half of the funds received if there are three or more children. However, such a deduction can be carried out only if a person works, the amount of his income is known, after a court order, an amount proportional to the number of children is automatically deducted, and the parent fulfills his duty to the children.
Until recently, it was assumed that a person who has no income can do nothing to help a mother who is single-handedly raising children. However, now everything has changed, and there are several options that allow you to collect at least a little money in an official manner:
- from those registered at the Employment Center - from the allowance, although it is not always enough for one person to meet the needs, and the amounts will be minimal;
- from a non-worker - the amount by mutual agreement or assigned by the court, and where he will get the money for this is already his problem.
Even a court ruling, with a definite and fixed decision of the instance, does not give a universal answer to the question, if a person does not work officially, how much he should pay alimony. The amount depends on several circumstances: the father's consent to fulfill his obligations or the calculation, which is carried out according to the average regional earnings.
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For one, for 2 children or more, an unemployed and unregistered parent must pay alimony, and for this there are only 2 options: in the form of a fixed amount and as a percentage of the amount of income. Since he does not have such, and it is impossible to determine the funds that need to be paid, the average statistical earnings for the region are used in the calculation.
This option is preferable for the needy party, since sooner or later income will appear, and if it does not appear, it will be compensated by a share of the property. He also has certain drawbacks - a defaulter will register for unemployment or deliberately get a job in a low-paid position. Then the plaintiff will receive ridiculous money from the defendant, which may not even be enough to travel on public transport.
A fixed amount of money can be set at 1 / 10th of the PM, since nowhere in the legislation is there a minimum threshold. But alimony must be collected even from a disabled person if he has a pension or disability benefit. The state can undertake alimony if this income is below the subsistence level.
Calculation methods are applied by the court:
- at the last place of work (the average monthly salary is taken as a basis, but this is practiced if a citizen was recently dismissed and did not register with the Employment Center);
- on the "minimum wage" for the unemployed;
- on benefits from the Central Bank, if the defaulter of alimony is registered;
- by the size of the average salary in the region.
There is a second option for calculating the percentage, which is applied if the non-working parent has a regular income. It is often difficult to determine its true size, then the judge makes a request to the tax service, attracts witnesses to the court session.
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An option is possible with tracking the income and expenses of the payer, which after the submitted application is dealt with by the bailiff. In the course of finding out the true amount of income, tax evasion may be revealed, and then the negligent parent will have to bear responsibility not only for non-payment of alimony.
The fixed amount is usually determined by mutual agreement. In this case, the person undertakes to transfer funds for the maintenance of the children on a monthly basis. The other half of the family, engaged in their upbringing, must admit that she is satisfied with such a sum.
The law stipulates for parents the obligation to provide for their children until they come of age. Alimony is paid regardless of the parent's work activity - working, officially unemployed or unemployed, he must still support his children. The amount from the fixed earnings or income is determined in the relevant law.
Anyone who does not work anywhere can pay the amount appointed by the court or determined by mutual agreement. The court decides such issues at its discretion - often the judge determines the minimum amount or uses the average salary in the region for calculations.