Payment of maintenance for minor children is the responsibility of parents who do not live with them together: such a requirement is established by article 80 of the Family code of the Russian Federation, registered in the laws of our country under No. 223-FZ of December 29, 2005. However, this legal act provides parents with a sufficiently large degree of freedom in determining their size.
One way to determine the amount of monthly payments for the child is the conclusion of an agreement on this issue between the parents. Thus, they jointly and voluntarily establish the amount that the parent not living with children, will pay the parent living with them and providing their needs. It is important to remember that such an agreement is subject to mandatory notarization. Furthermore, when agreement on the amount of alimony should take into account the provisions of paragraph 2 of article 103 of the Family code, which States that the amount of payments under the agreement may not be lower the quantity of child support that a child might get, if it was determined in court.
Accordingly, the court order determining the amount of child support is the second major method used in our country to establish their size. In this case, the court usually applies the provisions of paragraph 1 of article 81 of the Family code, which sets the size of the alimony as a share of the income of the parent who has responsibility for their payment. Thus, in the case of recovery of alimony for one child, for these purposes goes 1/4 of monthly income for two children - 1/3 of income for three children - 1/2 of the income.
Despite the absence of such information directly to the specified sections of the Family code dedicated to the calculation of payout, this legal act contains the requirement to bind the size of the alimony to the subsistence minimum. These requirements are contained in article 117, is dedicated to the indexation of the alimony. Thus, paragraph 2 of this article establishes that if the compensation is determined by the court, the court must commit them to size, fold the whole amount or proportion of the subsistence minimum. For example, the amount of the alimony in a firm sum can be set equal to 1.5 minimum subsistence level for each child.
This requirement is codified in law for the purpose of execution of provisions of item 1 of article 117 of the Family code. The fact that maintenance obligations are subject to annual indexation in accordance with changes in the minimum subsistence level.
Determining the amount of alimony
One way to determine the amount of monthly payments for the child is the conclusion of an agreement on this issue between the parents. Thus, they jointly and voluntarily establish the amount that the parent not living with children, will pay the parent living with them and providing their needs. It is important to remember that such an agreement is subject to mandatory notarization. Furthermore, when agreement on the amount of alimony should take into account the provisions of paragraph 2 of article 103 of the Family code, which States that the amount of payments under the agreement may not be lower the quantity of child support that a child might get, if it was determined in court.
Accordingly, the court order determining the amount of child support is the second major method used in our country to establish their size. In this case, the court usually applies the provisions of paragraph 1 of article 81 of the Family code, which sets the size of the alimony as a share of the income of the parent who has responsibility for their payment. Thus, in the case of recovery of alimony for one child, for these purposes goes 1/4 of monthly income for two children - 1/3 of income for three children - 1/2 of the income.
The ratio of the subsistence minimum and alimony
Despite the absence of such information directly to the specified sections of the Family code dedicated to the calculation of payout, this legal act contains the requirement to bind the size of the alimony to the subsistence minimum. These requirements are contained in article 117, is dedicated to the indexation of the alimony. Thus, paragraph 2 of this article establishes that if the compensation is determined by the court, the court must commit them to size, fold the whole amount or proportion of the subsistence minimum. For example, the amount of the alimony in a firm sum can be set equal to 1.5 minimum subsistence level for each child.
This requirement is codified in law for the purpose of execution of provisions of item 1 of article 117 of the Family code. The fact that maintenance obligations are subject to annual indexation in accordance with changes in the minimum subsistence level.