After the divorce, the children remain with one of the parents (most often with the mother), but this does not relieve the other side of responsibility for their material maintenance. Unfortunately, not all parents are conscious of this issue, therefore, the procedure for payment and collection of benefits, as well as their size, are regulated by law, especially if it is an alimony for two or more children.
The question of the monthly maintenance of children can be solved in two ways:
- parents can voluntarily agree on the amount of child support. In order to fix an oral agreement, it is necessary to draw up an appropriate contract and to assure it from a notary. Further, if the payer evades his duties, it is possible to collect alimony in the manner prescribed by law;
- If the former spouses can not come to a mutual agreement, the recovery of alimony is carried out through the court on the basis of the statement of claim.
How much maintenance for two children?
In most cases, the amount of alimony for two children is determined by the court on an individual basis and depends on many factors:
- health status of children;
- the financial situation of the parent with whom the children live;
- health status and financial position of the defendant;
- The presence of the payer of other dependents: underage children, disabled relatives;
- other relevant circumstances.
On average, the payment for two children is in the proportion of 33% of the income of the parent. But here the problem often arises of "salary in envelopes" - when an unfair parent deducts in favor of children a percentage only from the official salary, which often makes up the permissible minimum. In this case, the problem can also be tried through the court, showing strong evidence that real incomes are significantly higher than those declared. To do this, it is necessary to gather a lot of information, to arm themselves with the support of witnesses who will be able to confirm the information provided.
Alimony for two children 2013
When establishing the amount of alimony, the court also takes into account the fact that the amount of child support per child must not be less than 30% of the subsistence minimum for a child of the corresponding age. In 2013, for children under 6 years this amount ranges from 113 to 116 cu. from the beginning to the end of the calendar year, and for children from 6 years it is from 110 to 116 cu.
Percentage of child support for two children from different marriages
In a situation where the father pays alimony for children from two different marriages, their amount will be equal to 25% of his income for each child. In the case of the birth of another child, the amount of alimony may be revised downward. In any case, the percentage of payments collected should not exceed 50% of the payer's income.
Minimum alimony for two children from a non-working parent
The payer can also try to evade the payments, arguing for his refusal with a heavy financial situation, lack of work and stable earnings. But this in no way frees him from
In the event that the payer does not have a permanent place of work, stable earnings, is not officially registered at the workplace, the amount of alimony may be fixed in a fixed amount of money. For the maintenance of two children, this amount is the third part of the average minimum wage in the region of residence of a negligent parent.
If, in spite of the court decision, the parent does not make the necessary payments of alimony, the executive service is connected to the case, which can seize debts, as well as confiscate property for the purpose of selling it and repaying the debt.