The decision to give birth to a child in the family, as a rule, is mutual. Having adopted it, both parents, therefore, take upon themselves a number of duties in relation to their children, including property - they must keep it until they reach adulthood. In case the family disintegrates and the child stays with one parent, losing the care and cares of the other, he should not suffer at least materially, so provision is made for child support by the parent who left the family.
It's good when parents treat this fact consciously, realizing that the child should not suffer from the rupture of their personal relationships. In this case, the issue of payments can be resolved by mutual agreement. In order to consolidate a mutual solution, a written agreement is concluded, which must be notarized. But for those cases when a peaceful solution to the problem does not work, foreseen the recovery of alimony for underage children in accordance with the procedure provided for in legislation.
The most common way to enforce alimony is through court. Based on the court decision, the respondent's employer (legal entity or organization) will monthly deduct a portion of the wages in favor of the defendant. The amount of child support depends on many factors - his age, health status, defendant's income, his state of health and financial situation, the presence of other minor children or incapacitated relatives, the way he or she is employed.
The amount of alimony is determined by the court and can be expressed as:
- in the share of the payer's income;
- in the established fixed amount.
Minimum amount of child support
To date, the minimum amount of alimony in Ukraine is 30% of the subsistence minimum of a child of the corresponding age. So, the amount of alimony in 2013 is determined on the basis of the following figures: the subsistence minimum for children under 6 years is 110 cu. in the first quarter, 113 in II, 114 in III and 116 in IV. The minimum amount for children from 6 to 18 is calculated from a minimum of 139, 141, 143 and 145 cu. respectively. That is, the minimum alimony for a child is a sum of 33 cu. and higher.
The minimum payment of alimony in the legislation of the Russian Federation is determined as follows: alimony is collected in a ratio in the monthly income of the parent - ¼ of the amount per child, a third for two and ½ for three or more. Retention of alimony occurs after the payment of all relying taxes.
There are options for calculating a fixed amount of alimony, this is allowed in the following cases:
- when the payer does not have a stable monthly income (for example, his earnings depend on production or are seasonal in nature);
- the payer receives earnings in whole or in part by natural products;
- the payer receives income in foreign currency;
- in the case when the share penalty violates the property rights of the child, for example, the parent hides the amount of income that significantly exceeds the official one.
Minimum amount of alimony for non-working
It happens that the payer does not work and, accordingly, does not have a permanent income, it is still possible to collect alimony by arresting the property belonging to him. Such property includes personal transport, home appliances, computers - it is withdrawn, sold through specialized organizations, and with the proceeds of the payment of arrears on alimony. Also, payments can be recovered from any kind of compensation and social payments, from rent, bank rent, shares.