Is it possible to use the minimum wage to calculate alimony?

Minimum amount of alimony by agreement

In 2021, the mother and father can establish the amount and procedure for payment without going to court using a notarial agreement. This is an agreement between parents that replaces a court decision or court order.

For an agreement to be legally binding, it must:

• certified by a notary;
• indicate the amount of alimony, payment terms, calculation principle;
• comply with the minimum amount of alimony.

The minimum amount of alimony by agreement cannot be lower than the norm established by Art. 81 RF IC:

• ¼ share of income per child;
• 1/3 share of earnings for two children;
• ½ share – for three or more children.

Parents determine the payment period themselves:

• monthly;
• quarterly;
• 1 time every six months;
• 1 time per year.

When the draft agreement is ready, the notary checks it for compliance with the law. If the monthly payment amount is less than established by law, then it will not certify the agreement.

Complete the survey and a lawyer will share a plan of action for alimony in your case for free.

You might find it useful:

Child support calculator

Penalty calculator

Samples of documents on alimony

Legal advice on alimony

Determining the amount of alimony: what does the court take into account?

If the parties do not agree on the amount of alimony, the decision is made by the court. The legislation has established a certain guideline for the courts, amounting to no more than 25% of the amount of earnings for one child, no more than a third for two and no more than half for three or more children. However, the law allows both increasing and decreasing the amount of payments depending on the needs of the child, the financial condition of the alimony payer and other circumstances of the case.

Judicial practice in determining the minimum amount of child support is extremely heterogeneous. Unfortunately, it is not uncommon for the court to determine alimony in the amount of up to 1000 rubles, which is absolutely not adequate to the real needs of the child.

Expert opinion

Makarov Stanislav Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

We can talk a lot about the priority of protecting the interests of children, but the statistics are inexorable: 25% of Russian mothers receive alimony in the amount of up to 500 rubles. Thus, the minimum amount of alimony in Russia is its almost complete absence.

However, the qualified work of lawyers created positive precedents when the amount of alimony was an amount that fully corresponded to the child’s needs for material support.

Minimum amount of alimony on claim

If the father does not want to pay child support voluntarily, then the mother has the right to go to court.

The minimum amount of alimony issued through the court is determined taking into account several factors:

1. If the father has an official income (pension, salary), then the minimum amount is set as a share of the income.
2. If the father does not have an official income, he is unemployed, an individual entrepreneur, the founder of an LLC, a rentier, then alimony is assigned in a fixed amount.

A fixed amount of money

Alimony in a fixed amount is assigned in the following cases:

• lack of official place of work;
• carrying out commercial activities;
• instability of profits;
• receiving earnings in foreign currency equivalent;
• Alimony shares are not enough for a child.

In 2021, the amount of alimony in hard cash depends on the following indicators:

• the cost of living per child in the region;
• social status of each parent;
• the real needs of the child depending on the state of health.

When assigning alimony in a fixed amount, the minimum subsistence level for children established in the region is used. At least ½ share of the subsistence minimum is accrued per child. If a region does not establish a subsistence minimum, then the all-Russian subsistence minimum for children is used for calculations.

If the child needs special care, the plaintiff may request an increased amount of child support. In this case, the standard is calculated taking into account:

• the needs of the minor;
• physical condition according to medical indicators;
• social status and material well-being of parents;
• payer's solvency.

Amount of child support for one child in 2021

Calculation of child support

Minimum amount of alimony collected in court

When the funds necessary to support a child are assigned compulsorily (i.e. by going to court), the amount of alimony payments is established by the court depending on:

1. Actual employment of the future payer or his other status (retired, unemployed, disabled, student).
2. Social status of the parties to the claim (mother, father, child).

The alimony minimum determined by the court will depend on the method of calculating funds:

• shared method;
• a fixed amount of money.

Each of these methods has its own characteristics, which are discussed below.

Share method

If the respondent parent has a fixed income, alimony is assigned in shares of this income in accordance with Art. 81 RF IC:

• Answer a few simple questions and get a selection of site materials for your case ↙

1

What's your gender

Select your gender.

Woman

Man

Your answer progress

• 1/4 share of all income of the defendant for 1 child;
• 1/3 - for two children;
• 1/2 - for three or more offspring.

However, the legislation of the Russian Federation does not prohibit changing the amount of alimony and the method of collecting it at the request of any of the parties to alimony proceedings: alimony can be either increased or decreased by the court, taking into account the justified demands of the applicant (Article 119 of the RF IC).

Example. From the defendant O.P. Simonov By a court decision, alimony was assigned in the amount of 1/4 of the payer’s earnings for the maintenance of the daughter. At the time of the decision, the payer worked at a private enterprise, his income was 20,000 rubles. Soon Simonov O.P. He was seriously injured, was in the hospital for a long time, and underwent surgery. After being discharged from the hospital, the debtor filed a claim to change the method of collecting alimony with a share of a fixed sum of 3,000 rubles, justifying his demand by dismissal from his job (due to the impossibility of continuing his professional activities) and expensive rehabilitation. The claim was satisfied by the court, taking into account the life situation and health status of the payer.

A fixed amount of money

The grounds for assigning alimony in a fixed amount are:

1. The defendant has no income (unemployed).
2. Engagement in entrepreneurial activity.
3. Instability or variability of income.
4. Receiving wages in foreign currency.
5. The shared method of accrual significantly violates the needs of the recipient.

When establishing alimony in a fixed sum of money, the court takes the basic value of the minimum subsistence level per child in the region where the case is being considered, and if such a value is not established, the average cost of living in the Russian Federation is taken as the basis and divided in half - due to the equal obligation of parents to participate in the maintenance of their child .

Example. The cost of living for a child for the 2nd quarter of 2021 was 11,423 rubles, therefore, the optimal amount of alimony that a claimant can count on in fixed terms is approximately 5,711.5 rubles.

If the plaintiff, when collecting funds in a lawsuit, proves that the child needs an increased amount of alimony (due to additional expenses for his treatment, sports, art, etc.), the court may decide on a higher amount of payments.

The minimum amount of alimony in hard monetary terms is an amount that will directly depend on:

• the child's needs;
• his state of health;
• social status of parents;
• the defendant's solvency.

The court, when making decisions on the topic of alimony maintenance, is primarily guided by the interests of the child and only then compares them with the capabilities of the person obligated for alimony.

As a percentage of income

The minimum amount of alimony prescribed in the form of shares of income in 2021 is established by Art. 81 RF IC:

• one child – 1/4 share of earnings;
• two children – 1/3;
• three or more children – 1/2 (half).

To award child support in the form of shares of income, the father must meet the following requirements:

• regular monthly income;
• the amount of earnings is higher than the established salary level in the country;
• did not enter into an agreement with his mother regarding the payment of child support.

That is, the higher the salary, the higher the amount of alimony. If there are 2 or more children, then the amount deducted from the salary is divided equally between them. So, if there are three minors, each will receive a 6th share of the parent’s income, and four will receive an 8th share. The more children a couple has, the smaller the share each of them is entitled to. Accordingly, the more children, the lower the minimum amount of alimony.

If the alimony payer does not work

Minimum alimony payments for the unemployed are calculated based on the father's status. He is registered as unemployed at the employment center. In this case, alimony is calculated from unemployment benefits.

In 2021, the minimum benefit is 1,500 rubles. That is, alimony will be:

• for one child – 375 rubles;
• for two children – 500 rubles;
• for three or more children – 750 rub.

The maximum benefit for the first 3 months is 12,130 rubles, that is, alimony is equal to:

• for one child – 3,032.50 rubles;
• for two children – 4,043.30 rubles;
• for three or more children – 6,065 rubles.

The maximum benefit for the next 3 months is 5,000 rubles, that is, alimony will be:

• for one child – 1,250 rubles;
• for two children – 1,666 rubles;
• for three or more children – 2,500 rubles.

If the father is unemployed, but is not registered with the employment center, then alimony is calculated:

1. If collected as a share of income - in a set share of the average salary in the region.
2. If recovered in a fixed amount, then in the amount determined by the court.

Art. 117 of the RF IC determines that minimum alimony is calculated based on the subsistence level established in the region of residence of the child.

Are you tired of reading? We’ll tell you over the phone and answer your questions.

Minimum amount as a share of earnings

When answering the question of how much is the minimum amount of alimony now, you need to understand the following: payments must be no less than the subsistence level (as indicated above). The method of calculation chosen by the court will also be important - in a fixed sum of money or as a share of the employee’s earnings.

The most common way is to pay a certain part of all income, the main one of which, most often, is salary.

For one child

One of the most common questions that parents ask this year after a divorce is what is the amount of payments per child in 2021 in Russia. For one child, payments will amount to a quarter of the payer’s total income (25%), up to payments from bonuses, cash compensation upon dismissal, vacation pay, and so on. This is the minimum established by law, less than which payment cannot be made. The law does not establish a maximum alimony that can be paid per child.

For two children

As in other cases, the following situations are possible here:

• If the father works or has any other permanent income, he will pay a third (33.3%) of all his income for two children. That is, each child will receive 16.65% of the father's income. Children from different mothers have absolutely the same support and protection of their rights from the law, and therefore will receive the same percentage.
• The payer is unemployed and is registered with the employment center. In this case, he will pay a third of his unemployment benefits for two children.
• The alimony recipient has an unstable income or no income at all. In this situation, he will have to pay an amount based on the cost of living for each child.

In addition, it is possible to determine the order and amount of payments in an agreement between the parents without bringing the matter to court.

For three children

If after a divorce there are three children left, and the parents were unable to reach an amicable agreement and conclude an agreement on the payment of alimony, then half (50%) of the total income of the alimony payer must be allocated for the maintenance of the children, which will include salary, pension payments, dividends from securities, income from rental housing, bonuses, benefits and so on. However, maternity capital, funeral benefits and other targeted social payments will not be taken into account as income.

For four children

As a general rule, child support for four children is half of earnings. However, there is no doubt that it is more expensive to support four children than three. In addition, pursuant to , provisions regarding limitations on the maximum amount of wage garnishments do not apply. Therefore, the amount of alimony can be increased to 70% of the payer’s income. However, to do this you will have to try and justify in court the need for such a high amount of payments. In addition, when making a decision, the court will be guided by the financial situation of the children and parents, their financial condition and health.

It is important to remember that there is a minimum wage (minimum wage), and payments cannot be calculated less than the minimum wage.

Changing the amount of alimony

The Family Code provides for the possibility of changing the amount of alimony:

1. Established by the court (Article 119 of the RF IC).
   If alimony is established by the court, it can be increased or decreased only by court decision. To change the amount of child support, one of the parents must go to court. The application is submitted to the district or city court. When making a decision, the court protects the children's interests, but takes into account the interests of the father. For example, Art. 138 of the Labor Code of the Russian Federation prohibits deducting more than 70% of income from wages for alimony. Moreover, 70% can be withheld only if there is a debt for alimony. Alternatively, the mother can pick up a court order or writ of execution from the bailiffs and enter into a notarial agreement with the father. This will allow them to choose an amount within the limits permitted by law. That is, the notary will not allow you to enter into an agreement to pay 2,000 rubles per child. per month.
2. Established by agreement (Article 101 of the RF IC).
   If alimony is established by agreement, then it can be reduced by agreement of the parties or through the court. If the parents agree to change the amount of alimony, then you need to contact a notary and conclude an additional agreement. But it will not be possible to significantly reduce the payment. If the mother is against reducing child support or the father is against increasing it, then the conflict can only be resolved through the court. But the court will need to prove that the child needs additional money or the father does not have enough money to pay child support.

Can the court change the amount of alimony?

The amount of alimony can be changed at the request of one of the interested parties. This right is enshrined in law and allows both reducing payments and increasing them. To do this you will need to have sufficient grounds.

Based on the provisions of the RF IC and judicial practice, we can say that the following grounds are considered sufficient for changing the size:

• The incapacity of the alimony payer or his incapacity.
• Acquiring additional obligations to support another dependent.
• Illness or disability of the payee, which requires significant material costs.

These points, in general, describe all possible cases for revising the assigned amount of payments.

Lawyer's answers to private questions

I have an IP. How can I set minimum child support if I previously paid voluntarily?

The wife must file for alimony. If you have an individual entrepreneur, then she should ask to set a fixed amount. If previously alimony was paid voluntarily, then the wife will show an account statement about the transfers, and you will be charged a similar amount so as not to reduce the standard of living of the children.

Is there a minimum amount of alimony established in Moscow?

No. The issue of alimony is decided individually in each case.

What minimum alimony is established in a fixed amount?

At the discretion of the court. But on average, ½ minimum monthly wage per child in the region.

The ex-husband pays child support for 3 children at 50% of income. He had a child in his new marriage. Will my children's child support be reduced?

To reduce alimony, you need good reasons. For example, receiving disability. The decision to reduce can only be made by the court.

The ex-husband pays minimum alimony (1/4 share of income). Is it possible to sue more?

To increase child support, you need to prove that the child has special needs (treatment, rehabilitation, clubs). To increase alimony you need to go to court.