LawState and Law

Alimony per child: how many percent are

Almost every mother who alone brings up a child or who is at the stage of divorce from her husband is interested in such a nuance as alimony for 1 child. How much interest is paid and how much can I claim in court?

Collection of maintenance, according to the Family Code, in 2016-2017 years can occur in one of two ways: either in a predetermined amount of money, or as a percentage of the total income of the payer. At the same time, the process of paying alimony can occur both by agreement of both parties, and by appealing to judicial instances. The agreement is a mutually agreed decision on the payment of alimony to a parent raising a child, in an amount that does not minimize the indicator. In court many questions are considered: "how many percent", "alimony for 1 child what should be paid" and much more.

In the case of payment of alimony as a percentage, the reduction in the monetary allowance for the child is expressed in a proportion. It should be borne in mind that the lowest percentage with three or more children is 16%. However, in exceptional cases, it may be even lower than it should be.

At what factors can alimony be calculated?

In order to receive child support for 1 child, how many percentages there are, the following factors should be present:

  1. Relationship. Payment of alimony is carried out only if the payer is a biological parent. This factor is established either by birth certificate or by judicial procedure.
  2. Number of years. The recovery of alimony is possible only if the child has not reached adulthood. Otherwise, payment of cash benefits from the parent is possible only if the child has a disability.
  3. Availability of a source of income from the payer. In the case of his absence, as well as property to which it is possible to compensate a debt to a child and the state, alimony may not be paid. However, this does not remove the responsibility from the payer for the payment of alimony.
  4. Duration of treatment. In case of appeal to the court within three years, the payer is obliged to pay alimony until the child's full age. Otherwise, the monetary allowance for the child is paid only for the last three years, without taking into account the previous years of his life.

Number of percentages of pay for maintenance payments

If the agreement has not been reached, and you have appealed to the court, then you really need to know how much the alimony per child is. Their amount directly depends on the number of children:

  1. One kid - 25%.
  2. Two children - 33%.
  3. Three or more - 50%.

These indicators can vary both in large and in smaller side - depending on the income of the parent and other reasons. However, a change in the monetary allowance is possible only in a judicial order.

How can alimony be withheld?

If the issue of pecuniary maintenance is considered in court, then it is the judges, taking into account the material and marital status, decide what percentage of the salary is alimony for 1 child. Payment of assistance to the child can be carried out in the following varieties:

  1. In the form of wages.
  2. Natural products from own economy.
  3. Property values. However, they are paid only if there is no earnings.
  4. In a predetermined amount - in the absence of a stable income or any type of earnings in general.

With what types of income are deductions made

If child support is paid in the form of money for 1 child, how many percent of the salary they make, the following sources of income are taken into account:

  1. Directly from the salary.
  2. With surcharges and surcharges.
  3. With premium or other permanent sources of material incentives.
  4. With payments to persons belonging to the civil service and holding high positions.
  5. With money paid to a municipal employee.
  6. With the income of cultural workers.
  7. With additional money income in the form of additional payments to the tariff, salary, length of service, preservation of state secrets and other things.
  8. With money received as payment for hazardous and harmful work, as well as for entering holiday and pre-holiday workers and non-working shifts.
  9. With the payment of remuneration to the teaching staff performing the functions of the class teacher.
  10. With the income of medical workers in any position they occupy.
  11. With different types of pensions - social, labor, disability.
  12. With scholarships.
  13. With cash payments for temporary or permanent unemployment. They are carried out only in court or according to an agreement between the parties notarized beforehand.
  14. From the money received by the parent from the liquidated organization to the period of his official employment.
  15. With the material means received by the payer from his own individual entrepreneurship.
  16. With earnings from the provision of housing for temporary use to private individuals.
  17. With the cash maintenance of military or Ministry of Internal Affairs officers or ATS.
  18. With the earnings of convicts sentenced to correctional labor in the SIZO, as well as dependent, undergoing treatment and rehabilitation in state-run medical institutions.

Thus, this is how alimony is calculated for 1 child, how many percent will the state charge, so much will the parent pay - regardless of the type of earnings.

From what income payments are not made

However, there are types of income from which you can not withhold alimony. These include:

  1. Payment of funds by the organization as a compensation of medical nutrition.
  2. Issue of cash for travel expenses.
  3. Payment of compensation for the transfer of an employee to another branch of the company and another district.
  4. A surcharge for the purchase of a new tool in place of an unusable employee.
  5. Monthly payment of money by the state for the maintenance of a pregnant and giving birth to a woman.
  6. Cash from the state for the funeral procedure of the deceased relative.
  7. A one-time benefit for women who gave birth to children.
  8. Benefits issued by the state to help those in need.
  9. Retirement benefits for the death of the breadwinner.

Thus, if a person received money for one of these options, then it is impossible to get alimony for 1 child, how many percent they were.

How to apply for alimony

There are two types of recovery of alimony: by agreement and in court. And each of them should be considered separately.

Obtaining alimony by agreement

The agreement allows both parties to establish not only how many percent of the salary is child support for 1 child, but also the possible additional costs for the child: treatment, study or trip to the sanatorium. In this case, all the nuances of the terms and payment are negotiated between the parents.

In order to enter into an agreement, it must be signed by the notary, as well as by each of the parties.

Receiving alimony in court

However, there are cases when it is impossible to solve amicably. In this case, you should apply to the court, which will decide how many percent to pay child support for 1 child. In this case, the following documents are sent for consideration and decision-making to the legislative bodies:

  1. Application made in 2 copies.
  2. References from work places of both parents and data on the payer's income.
  3. Data from the home book of each. If they live together, one extract is sufficient.
  4. Original and copies of birth certificates of the child and marriage.

The claim must be filed at the place of actual residence of the payer.

Factors that reduce or increase the amount of alimony

There are situations when the mother of the child has lost her job or is in the decree with the common child of the payer. If there is a legitimate marriage and the subsequent divorce - or lack thereof - every woman is interested in the following question: "How many percent of the salary are child support for one child and wife?"

In case of loss of work by a woman, the court is entitled to increase the amount of maintenance for its maintenance. If the payer has lost his job or is unable to carry out his labor activity for any reason, the court has the right to reduce the amount of alimony to the average wage that operates throughout the country.

In the case of payment of alimony as a percentage, the reduction in the monetary allowance for the child is expressed in a proportion. It should be borne in mind that the lowest percentage, with 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 raise them, the following documents must be sent to the court by one person:

  1. Data on the salary.
  2. Copy of the employment contract.
  3. Official paper from the organization in which the applicant is working.
  4. The birth certificate of the child.

Find out how many percent are alimony for 1 child with an improvement in the financial position of the payer, you can also through the court. To do this, you must provide the judge with documents proving the improvement of the material well-being of the payer.

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

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