What percentage of the father's salary is alimony for 1 child

2024 Author: James Gerald | [email protected]. Last modified: 2023-12-17 14:00

The obligation of parents to support minor children is materially enshrined in the Family Code. Financial assistance is provided through the payment of monthly maintenance. The legislation of the Russian Federation clearly defines the percentage of alimony for 1 child from the father's salary in 2021.

Who and how determines the pay

Alimony for young children is the most common type of family obligation. Payments are made either voluntarily (according to mutual agreement), or forcibly - on the basis of executive documentation.

The parties can also conclude a notarized agreement on the frequency of payments and the amount of alimony. Subsequently, such an agreement will help to find funds enforced, if necessary.

Many believe that alimony obligations arise only after the court has made the appropriate decision and initiated enforcement proceedings. In fact, the debtor is obliged to pay the money from the moment he stopped supporting the child. The mother (father) has the right to count on the help of the second parent, even if the divorce is not officially registered.

Parents who have been deprived of their rights to a child are not released from the obligation to support him.

By agreement of the parents

The amount of the payment established by the bilateral agreement must be greater than or equal to the amount that the parent will receive in the event of enforcement.

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The amount of financial support is determined by:

• as a percentage of the debtor's salary or other income;
• in a fixed amount - the amount is transferred in parts or in a single payment.

It is also allowed to pay alimony obligations by transferring property to the other party (for example, a share in an apartment).

The parties have the right to use other options for fulfilling alimony obligations that do not contradict the legislation of the Russian Federation.

The procedure for recalculating payments is prescribed in the contract. If there is no such item, the alimony is indexed in accordance with the established standards.

By decision or order of the judicial authorities

Alimony can be withheld both in a fixed amount and in shares of earnings.

According to a court order, alimony is charged exclusively as a percentage.

If the meeting considers the issue of assigning a payment in a fixed amount, the judge takes into account the previous financial situation of the minor and tries to preserve his living conditions as much as possible after the father and mother divorced.

An employee who receives income in kind pays child support based on the market value of the property.

Change in the amount of payment

When determining the amount of payment, the following factors are taken into account:

• The amount of earnings of a relative who is responsible for providing financial support for the child. If in the past month the payer was sick or was on vacation, the money is deducted from the corresponding charges (sick leave or vacation pay).
• The size of the subsistence minimum. The amount is reviewed every 3 months. In case of its increase, alimony is also indexed.
• Agreement of the parties (under a notary agreement). Parents independently determine how much interest will be transferred towards alimony for 1 child from the father's salary in 2021. The legislation of the Russian Federation provides only a minimum level, a specific amount is established by the parties.
• The amount of expenses for the maintenance of the child. The Family Code states that it is the parent's responsibility to provide the child's usual level of comfort. Based on this, the amount of material support is established.
• Indexing. When assigning a payment in a fixed amount, the amount increases in proportion to the regional PM. The recalculation is carried out by the employer or the FSSP authorities.

Payment calculation as a percentage

If the parties do not come to a consensus, or the parent evades the fulfillment of obligations, alimony is collected forcibly on the basis of a court decision or order. How much interest is deducted for alimony for 1 child from the father's salary in 2021, is determined by the RF IC. According to the document, the size of the monthly payment is 25% (1/4) of the earned funds of other income.

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When considering a claim for the establishment of alimony obligations, the court may revise the amount of payments in the direction of their decrease or increase, taking into account the financial situation of the parties and other factors to which the legislator refers:

• low income of the debtor;
• the presence of alimony obligations in relation to other children (minors or adults, but not able to work), as well as other persons whom the payer is obliged to support;
• having health problems that prevent you from earning income (for example, the onset of incapacity for work due to age or illness);
• the child's health condition - the presence of a serious illness requiring long-term and / or expensive treatment, and so on.

Calculation of alimony for one child is made as follows:

• 13% is deducted from total earnings (income tax);
• the remainder is multiplied by 25%.

If funds are transferred to a bank account, a fee will be charged. In this case, the amount received must be multiplied by 1% (commission). The result of the calculations made will be the actual value of the alimony payment.

Outcomes

1. The obligation of parents to support a minor child (children) is enshrined in the Family Code of the Russian Federation.
2. The procedure for calculating and the amount of alimony is established depending on the method of their appointment.
3. The court has the right to change the amount of payment based on the financial situation of the debtor and the presence of circumstances that prevent payment in full.