The issue of alimony
With all that our country can be called fully legal and all citizens are inviolable under his patronage, the issue of recovery of maintenance payments for minors is could not be more acute. The thing is that a lot of parents who remained on ensuring children get their content insignificant amount, it is not appropriate to modern realities.
From a practical point of view it is safe to say that the amount of alimony depends on a responsible attitude and affection of the father or mother, obliged to the payment, to your child. Conscientious parents under any circumstances will not allow their children in any way needed.
Agreement on the payment of alimony
If the former spouse retained a smooth relationship, it is safe to decide on the conclusion of an agreement on the payment of alimony. It on free basis, it is possible to discuss the payment and the amount of monthly payments on the child. It is subject to mandatory notarization. If a mutual agreement cannot be reached, you must make payments for child support in court.
The minimum size of the alimony in installments from earnings
Family law the size of alimony payments put in direct dependence on level of income of the parent obliged to such payment. Usually only child alimony amount of¼, two – 1/3, three or more, ½ of wages or other income. In this case, if the parties have any change in property or family provision, the court may consider the question of changing the amount of alimony. The minimum size of the alimony on the maintenance of each child, expressed in shares from earnings may be 1/6.
Often modern employers to establish workers wages in the amount not exceeding the amount of 1 MMW. Since the beginning of this year, the minimum wage is 5 554 rubles. Respectively, a child whose parent receives such a small amount, each month will satisfied with child support in the amount of RUB 1 388 50 kopecks (5 554*1/4) in the worst case – 925 RUB 67 kopecks (5 554*1/6). Along with this, properly confirm that the former spouse in fact earns more, is almost impossible.
Alimony in a firm sum of money
However, current family law has provided a way out of this unpleasant situation. In a judicial order it is possible to change the size of monthly payments to recover them in a solid amount. It is defined as percentage of the subsistence level of the constituent entity of the Russian Federation, where the person receiving alimony, with the possibility of indexing based on the principle of the maximum possible preservation of the child's previous level of support.
The minimum size of the alimony on the basis of the average wage in Russia
I must say that the lack of income, the payer is in no way a justification of evasion from payment of the alimony on the minor child. The law States that if obliged to pay alimony does not work and (or) could not confirm the level of their income, that child support arrears can be calculated from the average wage in Russia. Here is a few different numbers. If "minimal" is 5 554 rubles, the average salary in the country for February of the current year represents the sum of the 29 680 rubles (Rosstat). Thus, an unemployed or informally employed citizen will have your child RUB 420 7 (29 680*1/4) or 4 946 RUB 67 kopecks (29 680*1/6).
