After the divorce between the parents, the question arises of determining the amount of alimony paid. The Family Code of the Russian Federation establishes the rules and procedure for withholding alimony, which can be determined by mutual agreement or on the basis of a court decision.
Instructions
Step 1
Determine the amount of child support to be paid when drawing up the agreement. Remember that this value should not be less than the minimum established by Article 81 of the RF IC. One fourth of the parent's income is established for one child, one third for two children, and one second for three or more children. It should be noted that the law does not establish differences between children from different marriages..
Step 2
Thus, if the parent paid for the maintenance of the child from the first marriage one fourth of his income, and then he had alimony obligations for the child from the second marriage, 1/6 of the parent's earnings are established for each child, i.e. the total amount of the alimony will be 1/3.
Step 3
Go to court if no agreement has been reached between the child's parents to determine the amount of child support. The court decides on the establishment of the child support obligation in the form of monthly payments corresponding to a certain number of minimum wages, the so-called minimum wages. The number of minimum wages is determined by the court, taking into account the interests of the child to maintain the previous standard of living. In this case, the marital status of both parents of the child, their attendance at paid lessons, the need for treatment, etc., are taken into account.
Step 4
Calculate the amount of alimony based on unemployment benefits if the non-working parent is officially unemployed and is in the labor exchange. If the parent is not listed in the employment center, then the average wage in the country as of the current date is taken into account.
Step 5
Determine separately the amount of alimony if the parent is an individual entrepreneur. In this case, alimony obligations will depend on the type of taxation adopted for the conduct of activities. If a simplified taxation system is used, then the amount of alimony is determined from the size of the average salary in the country. If UTII is used, then the amount of the entrepreneur's income minus the costs incurred is taken into account.
