How much of a salary is child support under the new law? What percentage of salary is alimony

Dear visitors! Due to the fact that legal issues are individual, and the articles are for informational purposes only, we advise you first of all to use the services of free legal advice... You can ask your question in this form or contact a lawyer via chat.

The question of mothers who divorce their husbands and remain to raise a child alone is alimony for a child, or rather what amount of alimony for a child can be demanded from the father or when going to court.

According to the Family Code Russian Federation, in 2019, the collection of alimony occurs in two ways:

• as a percentage of income;
• in a fixed amount of money.

The process of paying alimony can take place both by agreement of the parties and by going to court. One of the conditions for how much child support should be paid is that the child should not receive less funding due to the fact that the parents do not live together. Those. the amount of alimony for 1 child must not be lower than the amount that he would receive if the parents lived together.

Calculation of alimony

When calculating alimony for a child, the following factors should be taken into account:

• Kinship - if paternity has not been established, then paternity must be established first. The confirmation of paternity can be an entry in the child's birth certificate.
• Age - the collection of alimony occurs only for minor children, however, there is a possibility of receiving alimony for an adult child if he is disabled or is studying at a university.
• Availability of sources of income - Alimony may not be paid if the payer does not have income or property that could compensate for the debt to the child. It should be noted that the lack of income does not remove the responsibility for the payment of alimony.
• Statute of limitations - In order to receive alimony for 1 child until the age of majority, you must apply to the court no later than 3 years after the birth of the child, otherwise, alimony is paid only for the last 3 years

What percentage is alimony for 1 child

When you go to court, you need to know how many percent are alimony for one child. Indicators of interest on income can change both upward and downward - depending on many reasons, but only through going to court.

The percentage of alimony from the payer's income per child is 25%

Methods for withholding alimony

The payment of alimony for a child can be carried out in the following ways:

• • As a percentage of income;
  • In the form of a previously agreed constant amount;
  • In the form of natural products;
  • In the form of alienation of property (only in the absence of earnings).

Recovery of alimony from income

In addition to all this, there is a certain list from which alimony can and cannot be withheld.

The following types of income are subject to collection:

• Any kind of wages;
• Additional remuneration for hours worked;
• Salary allowances and surcharges;
• Awards and rewards;
• Vacation;
• Pensions;
• Scholarships;
• Benefits;
• Income from business activities;

It is prohibited to collect alimony from the following types of income:

• Compensation for harm to health;
• Getting injured in the line of duty;
• Compensation payments;
• Business trip;
• Survivor's pension;
• Humanitarian aid.

List of documents on the basis of which the payment of alimony can be made

• Performance list;
• Court order;
• Alimony agreement.

How to arrange receipt of alimony

To date, the collection of alimony can take place under a voluntary agreement or in judicial procedure... Let's consider each of them.

Voluntary agreement

The conclusion of a voluntary agreement on the payment of alimony allows the parties to determine how much of the salary is alimony for 1 child, as well as additional costs such as medical treatment, studies, etc. V this case, all payments and terms can be negotiated between the parties. After the voluntary agreement has been drawn up, it must be certified by a notary.

Judicial order

When the issue of alimony cannot be resolved amicably, then there is nothing left but to go to court. To submit an application to the court, you must also provide the following documents:

• Application (in 2 copies);
• Certificate from the place of work of the recipient of the alimony;
• Certificate from the place of work and data on the payer's income;
• Data from the house register of both parties;
• Original and copy of the child's birth certificate;
• Original and copy of marriage certificate.

The claim is filed at the place of residence of the payer.

Changing the amount of alimony

There are situations when the mother of the child has lost her job or is on maternity leave with the payer's common child. In the case of a legal marriage and subsequent divorce - or its absence - every woman is interested in the following question: "What percentage of the salary is child and wife alimony?"

If a woman loses her job, the court has the right to increase the amount of alimony for her maintenance. If the payer has lost his job or for some reason is unable to carry out labor activity, then the court has the right to reduce the amount of alimony to the average wage in effect throughout the country.

In the case of the payment of alimony as a percentage, the decrease in the cash benefit for the child is expressed as a percentage. It should be borne in mind that the minimum low interest, in the presence of three or more children, is 16%. However, in exceptional cases it may be even lower.

In order to find out whether the defendant has the right to reduce alimony or the plaintiff - to increase it, the following documents must be sent to the court by one person:

• Salary data;
• A copy of the employment contract;
• Official paper from the organization in which the applicant works;
• Child's birth certificate.

You can also find out how many percent alimony for 1 child is in the event of an improvement in the payer's financial situation, you can also go through the court. To do this, the judge should be provided with documents proving the improvement in the material well-being of the payer.

An increase in the percentage of alimony is also possible if the percentage of payments is too small. So, ¼ part is considered scanty, and therefore the court has the right to increase the amount of the salary.

Dear visitors! Due to the fact that legal issues are individual, and the articles are for informational purposes only, we advise you to first of all use the services of free legal advice. You can ask your question in this form or contact a lawyer via chat.

The Family Code of the Russian Federation offers spouses two options in which they can resolve the issue of paying alimony. The first option is loyal or voluntary. Spouses by mutual agreement establish the terms and amount of payment of alimony until the age of majority of the child or children. Such an agreement is subject to mandatory certification by a notary and begins to operate from the date of signing by both spouses. It should be especially noted that in the agreement the amount of payments prescribed as a lump sum, not in percentage from all types of income. If, after a lapse of time, this amount is not enough to provide the children with the most necessary, and the payer does not agree to voluntarily pay large amount, the agreement is terminated at unilaterally and a statement of claim is submitted to the court. If the parent charged with the obligation to pay the alimony ignores the terms and amount of the alimony prescribed in the agreement, in this case, the other parent has the right to go to court for a compulsory procedure for the payment of alimony. In general, 2016 only slightly adjusted the positions that family legislation adhered to over the past years.

How much percent of salary to pay?

In 2016, the State Duma more than once raised the question that it was time to increase the amount of payments for alimony workers, it was even proposed flat sum, reaching up to 14,000 rubles per month. However, to date, the percentage of salary payments has not changed and is calculated in the following order.
If the child is alone and is not disabled, then twenty-five percent of the income must be paid monthly to the parent of the child in whose care he remained. In the case of two children, the percentage rises to thirty-three, but for three or more children it will be necessary to give 50%. These percentages are based on the average needs of the amounts spent on children and are deemed to be notional.
The payout percentage can either increase or decrease. V jurisprudence, when deciding on an increase in payments and in case of insufficient income, an additional agreement is made on additional payments. For example, if a spouse submits an income statement for an amount slightly higher living wage, but the plaintiff assures about the defendant's hidden income (if he can confirm this fact), the court has the right to assign additional payments to the child. When assigning alimony, any arguments are taken into account that may increase or, conversely, lower alimony payments. A disabled child has the right to count on increased payments, but a parent who has other children can count on a decrease in alimony interest. It is strictly forbidden to threaten one of the parties or take other unlawful measures before the start of the alimony trial. The court decision will be considered the only document that will resolve the case. If, after receiving a document confirming the payment of alimony, payments will not be made by the defendant, the plaintiff again submits a statement of claim for the purpose of enforcing the collection of monetary amounts or taking other legal measures. In 2016, negligent and malicious alimony was in large numbers deprived of the opportunity to manage their vehicle before the payment of alimony in full. The deputies threatened that this is not the last measure to be taken against such persons; next year, new amendments and new penalties may be applied.

Salary income is different

Legally unsophisticated alimony workers threaten that they can submit to the court a certificate from the place of work, which will indicate the minimum wage. Such a legislative delusion often occurs in a family dispute, however, in reality, everything is completely different. Due to the fact that salary is not always the only income, the legislation attracts all available income of the defendant to consider the case for the calculation of alimony. If there is reason to believe that the defendant did not fully or reliably provided information about his income, the hearing may be postponed until all information is brought into line. For clarification, it is worth noting that the defendant may not work anywhere at all, but live on other incomes, which will also be subject to consideration in court. There is one more peculiarity, if the court awarded a small amount for the alimony, and the alimony man got a big income, the plaintiff may again file a claim for payment reconsideration.
According to the current legislation, income is considered:

1. awards;
2. allowances;
3. one-time cash awards;
4. pensions;
5. scholarships;
6. benefits from the labor exchange;
7. military allowance.

Income state and municipal employees will be: salary, bonuses, remuneration, the addition of payments to the salary for seniority and extracurricular work.
Income persons in the cultural sphere all fees and other fees paid officially will be considered. Also, cash payments that were awarded in honor of the festive event (receiving a medal, diploma, honorary title)
If a person works in an enterprise with difficult and hazardous working conditions or that defense industry, then all payments to this category of persons in addition to salaries will also be considered as additional income. (here you can add complexity and tension, harmfulness of labor, secrecy, work on holidays and weekends)
To income pedagogical workers also includes payments for classroom management, training in a methodical (paid) or scientific work, as well as awards for special merit and lump sum payments.
V medical field payments are made for work on holidays, weekends and at night. Also payments provided for by medical legislation. The amount of alimony payments is calculated from the entire income.
Although pensions are already considered a kind of state benefit, they, like alimony, are also included in the official income. Based on judicial practice, the amount awarded for alimony payments is very small, and may even be reduced if this is the only income for a pensioner or a student.
If the defendant, after the decision of the court, quit his job and went to the labor exchange for unemployment benefits, then he has the right to go to court for a reduction in alimony payments, even if unemployment is only temporary.
Now about the additional income that some hard-core non-payers often hide. Income from the lease of apartments and other premises, while the lease must be submitted in writing, which is rare to do or prove that there is a lease. Income valuable papers and other financial banking investments, is proved by an extract from the personal account or by a request to the bank. Income from entrepreneurial activity if they are not the only source of income. V tax office a declaration may be requested to confirm the receipt of income.
Even those who are in prison, undergoing compulsory treatment in various dispensaries and receive some type of income, are also obliged to pay alimony from this income. These are the rarest cases, but they are spelled out in the legislation.
Police officers and citizens equated to them pay part of the amount from monetary allowances, pensions and other benefits.

What kind of income cannot be claimed for child support?

On a par with general requirements there are some exceptions to the alimony income. So, it is considered income, but payments on maternity capital, as well as benefits that are paid to women for pregnancy and childbirth. Burial and survivor benefits are not considered or taken into account by the court. If the defendant is made compensation payments, for example, travel allowances, this money is not included in the part of income. The financial assistance received by the alimony remains his personal payment.
If the defendant himself is the one to whom the alimony is paid and has no other income, then the alimony cannot be recovered.

Voluntarily or compulsorily?

Payments for child support after the parents' divorce can be both voluntary and compulsory, it all depends on how the spouses agree. Voluntary payments are enshrined in an agreement in which mandatory the amount is spelled out. Before the agreement is signed, the amount is discussed in advance, and only in the absence of disagreements, the agreement can be signed by the parties in the presence of a notary and certified by him. The agreement loses its legal force when the child comes of age or if the agreement is terminated at the request of the other spouse. Also, the agreement is considered terminated from the moment the court decision on the recovery of alimony enters into force. If events have occurred in the child's life that require increased financial assistance and the other parent does not mind providing it, an additional agreement is drawn up indicating a different amount, and it is also notarized. If the parent did not want to provide the child with additional financial assistance, then the other parent applies to the court for the recovery of alimony. It is important to understand that the concept of "alimony" can only be interpreted as payments by a court decision, if a voluntary agreement is drawn up, then we can only talk about voluntary payments.
Judicial procedure for the recovery of alimony, according to experience and statistics, is considered preferable, since there is no confidence that a child under 18 will consistently receive money from his parent for life and education. Despite the fact that this lawsuit is unattractive, it is very effective for it. By a court decision, the defendant must pay alimony without fail, on pain of punishment.
In order not to waste time on trips to lawyers, it is enough to go to any judicial department at the place of residence and familiarize yourself with the list of documents provided. If it is not possible to provide this or that certificate, in the statement of claim you can indicate the impossibility of providing and indicate the reason. As a rule, this is a certificate of the defendant's place of work, bailiffs can provide assistance, however, it is not worth hoping for this. The statement of claim must be accompanied by a certificate from the place of work and income of the plaintiff and the defendant, certificates of marriage and birth of children. At the passport office or at rural administration order an extract or information about the registration of all family members.
After the trial, information about the deduction of interest on the payment of alimony is sent to the place of work or service of the defendant. The required percentage will be deducted from the salary on a monthly basis and transferred to the plaintiff's account. If payments are delayed not through the fault of the defendant, but through the fault of the organization, then a fine may be imposed on the person in charge. In practice, such cases are extremely few, usually the accounting department transfers alimony deductions on time, within two to three days after the payment of salaries to employees.

What can affect the established percentage of alimony from salary?

Despite the frequent disagreements of the spouses during judicial trial, the court is nevertheless in impartial unanimity, taking into account all the arguments that are presented by both parties. For example, a single mother who insists on an increase in the percentage of alimony payments, citing the inability to adequately provide for the child, is likely to be able to count on this privilege. However, the judge may not raise the percentage itself, but establish additional payments in a lump sum for the upbringing, education or treatment of the child. In the event that before the trial, the defendant loses workplace or the organization is liquidated for reasons beyond the control of the defendant, then at the hearing the defendant has the right to ask for a reduction in the interest on alimony, since unemployment benefits will not satisfy even his needs many times. In judicial practice, the judge takes the defendant's side and lowers the percentage. In the event that the defendant finds a job in a short time or gets the opportunity to have other incomes that allow him to recover the missing interest, the plaintiff can file a new claim and receive a new court decision with different (increased) payments.
In order to qualify for a decrease or increase in the interest on the payment of alimony, you must attach certificates of salary and income, birth certificates of children, a copy of the employment contract. In any case, the court, based on the totality of documents, leaves fifty percent of the income for the defendant.
If the defendant has lost his ability to work due to an accident and is not able to pay alimony in full, then by a court decision, the percentage of alimony is charged only on payments approved by law. If it is impossible to fulfill obligations due to the state of health, alimony payments are suspended until the defendant recovers, but after recovery, the parent will be obliged to pay off existing debts to the child or children. For the period of incapacity for work and notifications to the bailiffs about the impossibility to pay alimony, no administrative measures apply to the parent and he is considered a bona fide alimony.
If any circumstances arise that may cause disagreements among the spouses regarding the payment of alimony, they are resolved exclusively in court. After a court decision, it is impossible to draw up additional documents and establish amounts for payments, such documents have no legal force and cannot be subsequently recognized by the court.
Alimony is paid by the defendant until the age of the child or all children for whom the alimony is paid. If there is a financial need to continue the alimony case, for example, the child's admission to a paid university, then, by a court decision, the alimony payment period can be extended or a new one is created. judgment with a lump sum that should go to the child's education. If the parent does not have financial capacity help the child and this is documented, then the application may be refused.

Sad statistics show that more than 13% of men and almost 2% of mothers throughout Russia pay child support. Moreover, most often alimony payments are made for one child.

Question : What percentage of child support is paid in 2019?

Answer : At least 25% of the income of a parent with whom he does not live.

How is the amount of alimony for 1 child determined?

The Family Code of the Russian Federation establishes the procedure for collecting alimony and determining the amount of alimony payments. It depends on whether an alimony agreement was concluded or there was an appeal to the court for the enforced recovery of alimony.

1. The amount of alimony under the alimony agreement

A parental alimony agreement is a document that contains a voluntary agreement on the procedure and amount of alimony payments. The parties have the right to agree on all the terms of the agreement at their own discretion. The only requirement is that the amount of alimony must not be lower than the minimum amounts established by law.

The agreement must contain the following provisions:

• which of the parents will be the payer of the alimony;
• in favor of whom the alimony payments will be made;
• in what form the alimony payments will be made (in a fixed amount or in a share of income);
• regularity of alimony payments (once a month, half a year, a year or once);
• additional conditions (purchases for the child, payment for the services that the child uses (nanny, tutor, sports section, School of Music) in addition to alimony payments);
• conditions for the termination of alimony payments (for example, remarriage of the parent with whom the child lives, employment of the child);
• the term of the agreement.

The maintenance agreement is concluded in writing and certified by a notary.

1. The amount of alimony by a court decision

If the collection of alimony is carried out in court, then the procedure for calculating and the amount of alimony is determined by a court decision. The beginning of the litigation for the recovery of alimony begins with statement of claim interested parent.

Statement of claim should contain:

1. Details of the court in which the case will be heard.
2. Personal data of the parties indicating the full name, date and place of birth, registration and residence addresses, place of work, contact numbers.
3. Provisions of the law on the basis of which the rights of the child are violated;
4. Reasonable requirements (amount, order of accrual, regularity of payment of alimony);
5. Application list:

• • certificate of conclusion, divorce, birth of a minor child;
  • calculation of the amount of alimony;
  • documents confirming the income of the plaintiff and the defendant;
  • a certificate from the housing authority confirming the child's place of residence - an extract from the house book;
  • other documents that can serve as evidence.

The court establishes the amount of alimony payments depending on the circumstances of the case: financial situation, remarriage, the presence of children from another marriage, and other circumstances.

Alimony payments can be ordered by the court in the form of:

1. share of earnings(one child is supposed to pay ¼ of earnings) - if the payer has stable income and it is possible to collect alimony at the place of work;
2. hard money- if the alimony payer has irregular earnings or does not work;
3. natural products- if the alimony payer has a farm;
4. property compensation belonging to the payer of alimony - if he has no other income;

It happens that the court prescribes a combined method of calculating alimony, for example, both in shares of earnings and in a fixed amount of money. Most often, if the payer has several different sources income.

What is the minimum amount of support for one child?

As mentioned above, minimum size alimony payments per child is 25% of earnings.

On the other hand, the minimum amount of alimony per child can be increased. For example, if the recipient of alimony (the parent with whom the child lives) needs additional financial assistance due to exceptional circumstances (for example, illness of the child or parent, loss of job). If the other parent does not wish to voluntarily provide additional material assistance, you will have to resort to the lawsuit again - to prove the need for additional funds and demand their recovery. So, when determining the amount of alimony, the court takes into account the financial and marital status and the recipient of the alimony.

If the parent has a steady income

If the parent has a permanent job and an official wage, it is wiser to charge alimony as a share of earnings. In addition to wages, alimony is calculated from other sources of official income:

• compensations and payments at the place of work (vacation pay, sick leave, bonuses, payments upon dismissal);
• scholarship;
• disability benefit;
• pension;
• business income;
• remuneration for a civil transaction.

Alimony is supposed to be paid monthly. Withholding alimony from wages is the responsibility of the accounting department of the enterprise where the alimony payer works or the institution where the alimony payer receives scholarships, pensions, disability benefits, etc.

If it is impossible to establish the exact amount of monthly earnings

For example, if ...

1. the alimony payer does not have a permanent income, the income is temporary, irregular;
2. the alimony payer is not officially employed;
3. the payer of alimony receives a salary in kind, in the currency of another state.

If the alimony payer has several sources of income

(For example, the salary at the place of official work and the fee), then the court can establish a combined method for calculating alimony. For example, 25% of the regular earnings at the main place of work and a fixed amount from each fee.

If the payer does not work

The obligation to pay alimony is not removed from him. In the absence of earnings, the amount of the alimony is set as a fixed amount calculated on the basis of the average earnings in the country or region. In 2019, an unemployed parent pays 9,759 rubles per child. And if an unemployed person is registered at the labor exchange, alimony is withheld from unemployment benefits. In 2019, 2,439.75 rubles are supposed to be paid for one child.

If the alimony payer is an individual entrepreneur

If the alimony payer owns property or a large sum of money

Alimony for a child can be paid one-time - in the form of transferring valuable property (for example, an apartment, a summer residence, a car) or a large sum of money to the child's property. This option is suitable, for example, when the alimony payer leaves the country for permanent residence.

Recovery of alimony for one child

If there is an alimony agreement, the terms of which are not voluntarily fulfilled by the alimony payer, the alimony recipient may apply to the bailiff service for enforcement. Alimony agreement on legal force equated to a writ of execution and is the basis for the opening of enforcement proceedings.

If there is a court decision, it determines the procedure for collecting alimony and transfers the case bailiffs... As a rule, alimony can be withheld from wages at the place of work - monthly, in the amount specified in the writ of execution.

Parents who have become parties to alimony relations are often interested in the question of how much alimony is a percentage of the salary. What regulations our consultation will tell you what income is / cannot be withheld and how to calculate the amount of deductions.

What the legislation says

According to Art. 81 of the Family Code, the most common method for calculating alimony is percentage (share). What is the percentage of salary paid for child support?

The size depends on the number of children in need (as a rule, minors). You can withhold 25%, 33% or 50% of your salary. The maximum value is 70%. According to paragraph 3 of Art. 99 Federal Law No. 229-FZ, it is charged when there is an alimony debt. No such alimony will be awarded initially. The share can decrease or increase with the appeal of one of the parties.

Disabled adult family members can count on the support of the second parent. What percentage of their salary do they owe? It is allowed to hold no more than 20%. When several writs of execution are provided, the employee must have at least 50% of the salary.

If the employee has a small salary and it is impossible to retain all the elements (the maximum deduction percentage is exceeded), the calculation is made based on the maximum possible share. The amount not withheld in time is carried over to the next period.

Decree of the Government of the Russian Federation No. 841 of July 18, 1996 discloses a list of incomes that are subject to alimony withholding. But with some cash receipts alimony is not withheld.

How to calculate

Withholding of alimony is carried out in accordance with clause 1 of Article 99 of the Federal Law of October 10, 2007 No. 229-FZ, that is, from the amount that remains after withholding income tax. The percentage of alimony from salary depends on the number of children in need of financial support second parent:

• one child - 25%;
• two children - 33.3%;
• three children - 50%.

How to determine the amount of alimony, we will consider a few examples. To simplify the calculations, we will not take into account the premiums, tax deductions etc.

Example 1... A.N. Ivanov receives official salary RUB 26,000 per month. Is an tax resident, therefore income tax held at a rate of 13%. Has one minor son... She is an alimentary parent. How much of a salary is child support?

Solution:

1. Determine the amount of personal income tax withheld from the employee's salary: 26,000 rubles. x 13 = 3380 p.
2. The amount from which the alimony is deducted will be: 26,000 rubles. - 3380 p. = 22 260 p.
3. Since A. N. Ivanov has one child, alimony will amount to 25 percent of his salary: 22 260 rubles. x 25% = 5565 p.

A. N. Ivanov will receive 16 695 rubles in his hands.

Example 2... K. V. Golubev receives an official salary of 50,000 rubles. per month. It is a non-resident, therefore income tax is withheld at the rate of 13%. Has two minor children. She is an alimentary parent. What is the percentage of alimony from the salary?

Solution:

1. Let's determine the amount of tax deductions: 50,000 rubles. x 13% = 6500 RUB
2. The amount from which the alimony is deducted will be: 50,000 rubles. - 6500 RUB = 43 500 r
3. Since K.V. Golubev has two children, 33.3% are kept: 43,500 rubles. x 33.3 = 14,485 p.

K.V. The company will transfer to Golubev 29,014.5 rubles.

In the past year, there have been many proposals for alimony. For example, the introduction of the alimony minimum, survivor's pension and others. Some are planning to introduce it in 2018, but we will talk about this in a separate section. Questions about how much of the salary is alimony and what is the calculation procedure remained unchanged.

How much interest is withheld from an employee in order to pay alimony from wages is the most pressing issue in the segment of family legal relations. In the Russian Federation, interest and, accordingly, their withholding are fixed, and their calculation in practice is a formality. The legislation considers the content of Article 81 of the Family Code as an operational norm that is not subject to possible change... Therefore, payments from the employee's salary are calculated in fixed amounts. The maximum possible amounts, as well as the mechanisms for withholding payments for children, will be discussed below.

How is alimony calculated from a salary?

You should be aware that deductions for children are calculated only from the official part of the salary received. If an employee receives the due salary in an envelope, then the calculation in this case will be impossible, and provided size deductions for children will be charged in a specific amount, not as a percentage. In the event that the income is official and fixed, and the employee's salary goes through all necessary documents, the amount of the deduction, as well as the estimated payments will be calculated in accordance with the content.

In this case, we are talking about a fixed interest that should be paid. average salary it will not play a special role here, because the spouse will pay a percentage of any income received without possible restrictions. In a certain situation, the obligation to timely withhold money for children rests with the formal employer. Calculating the final amount for the due payments is quite simple: in this case, you need to know the exact number of potential recipients.

Average salary for calculating alimony in 2018

As already noted, the average salary for the approximate calculation of deduction for children will not matter, because the minimum amount of alimony should be paid from absolutely any income. Next, it will tell you exactly how to calculate the fixed amount of alimony, depending on the number of potential recipients, and what maximum size alimony can be claimed in relation to a spouse.

What percentage of salary is child support?

For reference, we note that deductions for children do not formally have any limit values, therefore, they may not be at all the percentages indicated in Article 81. But if a parent pays for one child, then regardless of the payment mechanism and the circumstances preceding such payments, the minimum size must be 25%... It turns out that the spouse must make payments in the amount of the 4th part of the official income he receives.

In practice, the court may increase this amount to the required amount on the assumption that children need additional financial support, and the payments prescribed in the law will not be enough for them for normal life. Much less often, the amount is subject to reduction.

How much percent of salary is withheld for 2 children?

The percentage of retention for two children is indicated in the analyzed article of the Family Code. In this case payments cannot be less than 33%, even if the bailiffs are engaged in their collection. The resulting debt and any contingent debt on the alimony paid imply accruals to the amount of 1% forfeit, but this is done only if the collection takes place in court.

Maximum percentage of alimony from salary

As already noted, the values ​​indicated in the analyzed article are formal, and therefore, after the interested person submits an application, they can be increased. But for this it will be necessary to prove that the standard percentage is not enough for the maintenance of children. How much will be added to the standard values ​​is decided in each case by the territorial court. But if we turn to the position of the law, then the maximum amount is exactly half of the official earnings received.

How to properly withhold alimony from your salary?

First you need to know exactly how many full percentages approved by the court to be withheld. For example, if it is 25%, then the received wages are given to the employee already with the deduction of this value. Fixed amount is transferred to the personal account of the FSSP, whose employees then transfer this amount to the destination. To carry out such actions, as well as to legalize withholding, the employer must have at the disposal performance list, which indicates exactly how many full percentages he can withhold.