Many women are interested in the question: after a divorce, how much alimony should a husband pay, in what amount and for how long? This is a rather serious issue that cannot be resolved overnight - you need to carefully calculate everything and try to achieve the maximum possible amount through the court. Many husbands hesitate and do not want to pay everything in full, hide their additional place of work, quit their official job and do everything to keep deductions to a minimum. But even in this case, there are various options for the development of events and you can get what you are owed quite quickly. As a rule, through the court.

How much child support should you pay after a divorce?

The amount of alimony is most often calculated either according to some fixed threshold, such as the subsistence level, but can also be deducted from the ex-husband’s salary as a percentage. If this amount does not meet the established minimum and the debt continues to accumulate, the bailiffs can seize the property and auction it off to pay off the debt. In addition, alimony is calculated and collected according to different schemes:

• How much child support do you pay for one child? As a rule, approximately 25% is deducted from the salary per child. If there are more children, then plus 10-15% for each. Regardless of how much the ex-husband receives, the amount will always be deducted automatically as a percentage;
• The court may also order the payment of a monthly fixed amount, which must be in a certain denomination and quantity. This amount can be recalculated annually, but for this you need to constantly file claims in court and few people do this;
• If alimony is not paid at all or not in full, then the court may order to describe and sell certain property of the ex-spouse, which will be used to pay off his fine and debt to the child.

In addition, how much alimony must be paid is also determined in court based on various other factors, of which there can be quite a lot, ranging from the physical condition of the defendant, his illnesses and real work, ending with the claims of his ex-wife with evidence of a second unofficial job and other facts of concealment earnings. As you can see, this issue is multifaceted, but it is quite possible to solve it in a short period of time - although everything can be resolved mutually and if a person voluntarily helps the child, then there should be no complaints against him.

• The official marriage did not last even a year.
• The wife hides her real earnings.
• The wife behaved inappropriately (abused alcohol, cheated, etc.).
• The wife lost her ability to work due to her own fault.

Important! The husband has the chance to cancel the payment for his wife. To do this, he needs to prove that her financial situation has improved.

Alimony for the maintenance of a wife up to 3 years of age for a child: amount, how to pay

• a parent living with a disabled child who has not reached the age of majority;
• a parent living together with a child with a childhood disability of group 1;
• a former spouse with a disability status that was acquired before the divorce or after it within 1 year;
• a spouse who received pensioner status no later than 5 years after the divorce (provided that the marriage was not short-term).

In what cases is alimony paid for the maintenance of a wife until the child is 3 years old?

If the parents divorce, and if one of them applies to the court to collect alimony, the other must pay it for the maintenance of the common child. But our Russian legislation also stipulates the possibility of collecting alimony from the mother (or, with rare exceptions, from the father) for their own maintenance, if their common child is under three years old at that time.

What is the amount of alimony for the maintenance of a wife with a child under 3 years old?

If the parents divorced, and one of them wrote an application to the court to assign child support payments, the second must pay them, and thus support the baby. But Russian legislation also contains a provision for the collection of alimony for the mother (less often for the father) if the common child is under three years old. Under what conditions is alimony awarded for maintaining a wife for up to 3 years?

Alimony for the maintenance of the ex-wife in 2019

You can also apply for alimony, even if you are married. For two children, the husband will have to pay 33% of his income. It turns out that 16% of each child. This amount is almost 10% lower than the 25% he pays now. You can also try to reduce the amount of alimony for the maintenance of your ex-wife. But this must be done through the courts.

Alimony for the maintenance of wife and child up to 3 years old

• statement of claim or issuance of an order;
• a document that confirms the identity of the applicant;
• certificate of marriage or divorce;
• child's birth certificate;
• certificate of family composition of the plaintiff, confirming cohabitation with the child.

Alimony for the maintenance of the child's mother

A woman on maternity leave can demand that her husband pay funds for her maintenance, regardless of whether she is his actual or ex-wife. The main condition is raising a child in common with your spouse. A woman can demand maintenance within 3 years from the day of birth of the child.

Alimony for the maintenance of a wife, mother of a child under 3 years old

In the second case, the amount of alimony is determined by the court taking into account the marital status, level of financial support, and the needs of the spouses. As a rule, the court takes as a basis the cost of living indicator (approved by the government for the plaintiff’s region of residence or throughout the country). For example, as of 2019, the cost of living in the Russian Federation for an adult is 9,909 rubles. But this does not mean that the amount of alimony will be equal to the subsistence level.

The procedure for assigning alimony for the maintenance of the mother of a child under 3 years of age - payment amount

1. number and location of the magistrate's precinct where the application is being submitted.
2. Data of the plaintiff and defendant (full name, date and place of birth, address of actual residence).
3. Places of work and positions of the defendant.
4. The name of the document, the date of its preparation, certified by the signature of the plaintiff.

Features of receiving alimony for your wife

Another option for receiving payments for the mother is to go to court to recover from the payer’s property. This is done if the spouse obligated to make contributions does not work for a long period of time. A certain percentage of the value of his property goes towards paying off the resulting debt.

Alimony for maintaining a spouse on maternity leave for up to 3 years - how and how much to pay

The amount of alimony for a wife on maternity leave until the child is three years old and for a pregnant woman can be either reduced or increased. If this is a voluntary agreement on the payment of maintenance, then you can always add conditions to change the amount of payments in one direction or another. If alimony was awarded in court, then you should go to court to change its amount.

The amount of alimony for the maintenance of the mother of a child under 3 years old in 2019

• the ex-wife is pregnant, and it is proven that the baby is common;
• the fact of marriage is confirmed by the relevant document from the registry office;
• the general baby has not reached the age of 3 years;
• in the case where the joint child is disabled;
• when the mother's ability to work was lost during marriage or within 365 days after divorce;
• also if the birth of the child occurred no later than 300 calendar days after the separation was formalized.

Peculiarities of assigning alimony until the child reaches 3 years of age

The amount of alimony payments intended to support a spouse caring for a child under 3 years of age is determined personally by the judge and is based on the calculations of the necessary costs provided by the plaintiff seeking alimony and evidence of his lack of income that allows him to independently provide for his financial support.

Alimony for the maintenance of the mother of a child under 3 years of age

1. Support your position with evidence. A salary certificate will confirm your low income, a certificate from the employment service will show the amount of unemployment benefits.
2. Show how much money is spent on supporting children. You will need checks, receipts for payment for medicines and food.
3. Compensate for alimony arrears. If your spouse does not pay on time, claim alimony penalties in court.
4. Don't waste time, apply for alimony. The spouse is entitled to payments until the children turn three years old. Later the right is lost.

Alimony for the maintenance of the ex-wife until the child reaches three years of age

A statement of claim in which you need to indicate all your demands and evidence. It is best to file an application for alimony with the help of a lawyer.

Photocopies of spouses' passports.

A photocopy of the child's birth document.

Certificate of husband's income.

Certificate of residence.

Certificate of pregnancy or disability of the child, if available.

Receipt for payment of state duty.

Last updated February 2019

After the divorce process is completed, the parent with whom the minor family member remains living has the right to receive alimony. However, what to do if the father, whose responsibility is to pay this monetary penalty, is unemployed?

Everyone knows that alimony is paid not only for the maintenance of minor children, but also for people who, due to their mental or physical disabilities, as well as age, cannot earn their own money on their own. The amount of this penalty is determined in court or by agreement of the parties. If they were unable to resolve this issue on their own, then the amount of alimony is deducted from the income of the party obligated to pay it.

How to calculate the amount of child support if the father is unemployed

If the parent paying child support was fired from his previous job and now has no income, this does not relieve the obligation to pay child support. Therefore, at the time of official absence from work, the percentage of mandatory monetary penalties is calculated based on the average salary, taking into account the number of dependents (children). According to official data from the federal statistics body (Rosstat), the minimum All-Russian average monthly wage at the end of 2018 is 42,413 rubles. When calculating alimony, it is necessary to start from this figure.

In accordance with Articles 81 and 113 of the Family Code of the Russian Federation, the percentage of alimony from an unemployed person in the absence of other income is calculated in the following way:

• For the only child in the family, it will be 25% of the parent’s earnings (42,413 x 25% = 10,603 rubles);
• If two family members are dependent, then this deduction will be 30% of the salary (42,413 x 30% = 12,724 rubles);
• For three dependents, the parent is obliged to pay 50% of the money earned (42,413 x 50% = 21,207 rubles).

Let’s say a court ruling in the city of Taganrog obliges a parent to pay 1/4 of all income for his only child. However, it turns out that he has no official employment. As a result of this fact, the court will calculate the mandatory amount of contributions based on the average monthly salary in the Russian Federation for the month when the parent begins making payments.

If the alimony payer is registered with the employment center and receives official benefits, then alimony will be calculated based on this amount. The amount of benefits in 2019 is determined individually depending on life circumstances. But in any case, the lower threshold of benefits 1500 rub. (plus regional coefficient), upper - 8000 rub. (plus RK), and if the alimony recipient is of pre-retirement age, then the maximum amount is 11280 rub.

For example, an unemployed person receives an allowance of 10,200 rubles, respectively, alimony for one child will be equal to 2,2550 rubles. (10,200 x 25%).

Unemployment payments are made for a short period from 3 months to 1 year, depending on the circumstances. Therefore, if an unemployed person is registered, but payments have stopped, then the calculation will not be based on benefits, but on the average salary in the Russian Federation (as described above).

Important! If a parent does not pay child support during official employment and continues to do so after dismissal, then recalculation of the debt will be calculated initially according to the official salary, and then according to the average salary.

The above concerned the issue when there is a court decision (order) regarding alimony.

Whenever you have to go to court to collect, practice shows that it is better to collect in a fixed amount. This amount is determined based on the child’s needs and is tied to the minimum subsistence level in the region.

For example, a mother and child live in the Vologda region and she can be charged 1 or 1.5 or 2 subsistence minimums in the Vologda region.

Is it possible to reduce the amount of alimony?

Due to the fact that the percentage of deductions, which is based on the average salary in Russia, can be quite huge and many residents of small towns do not have the opportunity to pay this amount, the best option for both parties would be to resolve disputed relations without the participation of the court. In this case, it is necessary to fix a percentage or a fixed amount of funds that will be subject to deduction that suits everyone.

If the case does go to court, then when making a decision, this authority will take into account many facts that directly affect the amount of these payments.

Minimum alimony from an unemployed person

Important! The minimum amount of alimony that a person without a job is required to pay can only be determined by a court. It is calculated taking into account the level of wages (if any), place of residence, the presence of children in the new family of the party who pays alimony, the time of dismissal of this subject from work and many other circumstances.

Methods for collecting alimony from a non-working person

There are three ways to collect child support from a non-working father:

• In a fixed amount . In order to use this form of collection, the party with whom the child lives must file a claim in court for the collection of alimony. After review, the judge will decide to impose a certain amount of monthly payment.

Important! After the alimony payer officially starts working again, it is necessary to submit a new application to the court, asking for an increase in the amount of recovery from him, in connection with the resumption of stable earnings.

• Using an alimony agreement. The parties themselves agree on the amount of deductions, fix it in the agreement (contract), write down all the necessary conditions, confirm their agreement with signatures and notarize this document.

Important! Without notarization, this agreement is considered void and the fact of its conclusion, if necessary, is almost impossible to prove in court.

• In proportion to the payer's earnings. If the parties have not chosen any of the above options and the payer is officially unemployed, then alimony is collected by allocating a percentage of the average salary in the region (country).

Important! If payment does not occur, then the bailiff service will begin to collect the debt by seizing property belonging to the debtor and its further sale.

Finally, it should be noted that the legislation of the Russian Federation is constantly undergoing changes and therefore innovations should be studied in advance before filing a claim for the recovery of alimony from a non-working person.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

Responsibility for content is fixed in Article 80 of the UK. Citizens are required to support their children until they reach adulthood.

Article 80. Responsibilities of parents for the maintenance of minor children

1. Parents are required to support their minor children. The procedure and form of providing maintenance to minor children are determined by the parents independently.

   Parents have the right to enter into an agreement on the maintenance of their minor children (agreement on the payment of alimony) in accordance with Chapter 16 of this Code.

2. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.
3. In the absence of an agreement between the parents on the payment of alimony, in the absence of provision of maintenance to minor children and in the failure to file a claim in court, the guardianship and trusteeship authority has the right to file a claim for the recovery of alimony for minor children against their parents (one of them).

If this issue cannot be resolved peacefully, then the security funds can be recovered in court.

It follows from the Family Code that parents are obliged to support a minor child, regardless of whether they have a job or not, whether they have a permanent or temporary income. The Family Code states that children must have normal maintenance.

If the parents were able to conclude an agreement between themselves on alimony, then it is recorded in a notarized document. In this case, a trial is not necessary.

If agreement on the issue cannot be established, the court itself will calculate the amount due to the child. Article 81 of the Family Code defines the shares of income that are allocated for the maintenance of children by court decision.

If an unemployed citizen has no official income, the court usually sets a fixed amount of payments, determined by the amount of reasonable monthly expenses for the child. This value can be presented by the plaintiff.

Often fathers try to hide their real income by posing as unemployed. If it is possible to provide the court with evidence about the amount of hidden earnings or other income, then the court will be able to assign a larger amount for payments than simply from an unemployed person.

Amount of alimony: if the ex-husband does not officially work, how much should he pay?

1. The minimum amount per unemployed person is calculated when filing an application with the court. Its size is calculated from the minimum subsistence level.

   If the father does not work, the family will receive the amount of minimum alimony for the child if he is officially registered on the stock exchange and receives unemployment benefits.

2. The maximum amount of alimony by law cannot exceed 50% of income. In exceptional situations, the court increases this amount to 70%.

   Attention! There is no limit on how much child support to pay if you don’t work; it all depends on the amount of income previously received and reasonable expenses for the child. The calculation of alimony is usually calculated based on the average earnings established in the region.

How much do the unemployed pay?

How is the calculation made?

The main question: If you don’t work, how much does an unemployed father pay per child?

The calculation of alimony payments is made from the average earnings of a non-working father or from the amount of the average salary established in a given region. In Russia in January 2017, this value was 37,400 rubles. It may differ markedly by region.

From this amount, in accordance with Article 81 of the Insurance Code, deductions are made in the following shares:

• for 1 child 37400:1/4=9350 rubles;
• for 2 children 37400:1/3=12467 rubles;
• for 3 or more 37400:1/2=18700 rubles.

Moreover, according to “Methodological Recommendations” No. 01-16 dated June 19, 2012, income tax is not calculated for the calculation.

The following factors may influence the amount of payments:

1. the amount of the previous salary;
2. average wage level in accordance with the region;
3. reason for job loss;
4. having another child;
5. health status;
6. period without work.

In case of long-term non-payment of child support, the father can be charged arrears for three years. This is the statute of limitations. Moreover, according to Article 115 of the Insurance Code, for each day of delay a fine of 0.5% of the debt will be charged.

Article 115. Liability for late payment of alimony

1. If a debt arises through the fault of a person obligated to pay alimony under an agreement on the payment of alimony, the guilty person bears responsibility in the manner prescribed by this agreement.
2. If a debt arises through the fault of a person obligated to pay alimony by court decision, the guilty person shall pay the recipient of the alimony a penalty in the amount of one-half percent of the amount of unpaid alimony for each day of delay.

The recipient of alimony also has the right to recover from the person responsible for the untimely payment of alimony, who is obligated to pay alimony, all losses caused by the delay in fulfilling alimony obligations to the extent not covered by the penalty.

If the father is unable to repay the entire debt, this situation may involve foreclosure of his assets, which are subsequently sold at auction and the proceeds used to repay the debt.

Also, a negligent parent may be prohibited from traveling abroad if the debt exceeds 10,000 rubles. In addition, he may lose his driver's license.