The birth of children is always joy and happiness formoms and dads. But, unfortunately, it also happens that spouses decide to end their marriage and get divorced. In this case, the children are left to live with one of the parents (more often with the mother), and the father only helps the kids financially. However, not all former husbands want to maintain their offspring from past relationships. But in the family there can be not only two, but also three children. How to be mothers of babies in this case, how to provide them financially? How many alimony for two children should the father enumerate so that they do not need anything? Answers to questions will be found in the process of reading this article.
Small introduction
Keeping children is their primary responsibility.parents, which they must perform before the children come of age. Therefore, if the family breaks up and one of the parents leaves, the responsibility to pay the funds for the provision of children falls on him.
It must also be said that children havethe right to receive material support from two parents. Therefore, if the kids live with their mother, this does not mean at all that papa must forget about their existence and build their lives.
However, many moms only ask abouthow much alimony for two children they should receive from their former husbands. After all, kids need to raise, feed, clothe, pay for education. So, by law, this amount should be equal to 1/3 of the children's father’s earnings. But this is if he has an official source of income. Otherwise, the judicial authority may recover from it funds for the maintenance of children in a certain amount (for example, five thousand per month). Such rules.
According to the law
Currently, the state continues to fightwith those irresponsible parents who do not want material help for their children. I would like to say here that a law is now in force in Russia, on the basis of which even a bailiff can deprive a defaulter of alimony of his driver’s license until the debt is fully repaid. This can be done in the case when a person maliciously evades payment of funds for the maintenance of his own children, when the amount of debt is already about ten thousand. As shown, this measure is very effective.
In addition, I would like to say that the fathermust pay child support for two children in the amount of 33% of all his income. Thus, if a citizen works in several organizations, then you can send to each company an executive document for the retention of funds. Although in practice this is extremely rare.
Foreclosure
So, how can we oblige the second parent to payalimony for two children, if he in every possible way evades from his duties on their content? In this case, you must contact the judicial authority. The mother of the children can file an application with the magistrate of her plot (according to the rules of jurisdiction, Article 29 of the Code of Civil Procedure) or send this document to the court where the father lives. By law, a woman with children can do as she pleases.
Procedure
So, you can write a statement about the recovery of alimony from your ex-spouse directly in a magistrate’s court (there is a sample). In addition, a woman should bring copies of the following documents:
- birth certificates of children (father must indicate the respondent there);
- a document on the termination or conclusion of a marriage (if there was no divorce);
- a certificate stating that children live with their mother (you can take it at the passport office; you must bring the original to the court, not a copy);
- a lawsuit in duplicate (because one will remain in court, and the other will be sent to the father of the children).
If additional information is required,the judge will tell about it at the meeting. It is also necessary to say that the state duty is not paid here, because it is about protecting the rights and interests of minors.
Additionally
So, citizens wondering abouthow much alimony for two children you need to pay your ex-wife or husband (if the children live with him) should be aware that this amount will depend on the respondent’s income. As a general rule, it is 33% of all available income.
In addition, here I would like to say thatif the defendant (the future payer of alimony) has a permanent job, it is not necessary for the Magistrate Court to file a claim and wait for the enforcement document. It will be enough to write an application for a court order. Then refer this document to work to the debtor. Payment of alimony must be made from the date specified in the order itself. This must be known to the parent who lives with the children and is waiting for financial assistance from the former spouse.
Voluntarily
Fortunately, not all fathers living for anythe reason, apart from their family, is not willing to help their little ones. There are also fathers who pay child support voluntarily, and women do not need to go to court to enforce funds for the provision of children. Nevertheless, many lawyers believe that in such a situation, the men themselves must protect themselves from any problems with the law. Therefore, such conscientious fathers should always take a receipt from the ex-wife that he gave her a certain amount of money for children. This is what some citizens living in Russia do.
Alimony two children need to list necessarily. After all, they need constant material support and care not only for the mother, but also for the father.
Interesting
Family law says thatfunds are collected from parents in court only when they do not provide voluntary material support to their children. This is a very important rule. This must be remembered.
By agreement
So, modern people who split upmutual agreement and have no claims to each other, try to agree peacefully about the amount that the former spouse will transfer to the maintenance of common children. Of course, this rarely happens, but nevertheless this also happens. So, in such a situation, citizens conclude an agreement on the payment of funds for the provision of children to the parent who will live separately from their children. Then this document must be certified by a notary. Otherwise, the agreement will have no legal force.
Сколько алиментов платят на двоих детей в a similar situation? The amount of funds must be stated in the agreement itself. It may even be half the earnings of the former spouse. In this agreement, citizens themselves set the amount and method of payment of alimony.
Important
Часто в жизни происходит и так, что супруги divorce and create new families, where children are also born. In this situation, many men, and women, are concerned about how to pay child support for two children from different marriages. The answer here will be quite simple. If a man is divorced from his wife and he has two children left, then he should list one third of all his income. If he was previously married and he has another child from another woman, then these 33%, deducted from wages, are divided in equal shares. It turns out that by decision of the judicial authority, he will pay alimony for two children at 16.5% of the earnings. This is a must know. Especially if a man’s earning is barely enough for his own existence.
And if a woman has 2 babies from different husbands,then how many percent of alimony for two children will she be able to receive from her ex-spouse? Everything is quite simple here. If each of the men has only one child, then you will have to pay 25% of all income. In the case when the former beloved women have other children, the percentage of alimony will be significantly less. You need to know about it. Moreover, the former spouse should not count on worthy support from the ex-lover in the event that he has a new family. Because the judicial authority in making a final decision will take into account the financial situation of both parties.
Nuances
So unfortunately, but nowadays a lotthe number of children born to those parents who are not legally married. In addition, many women do not even include their civil husbands in the birth certificate of babies. But then the following question arises: what kind of alimony for two children can their mother receive from his father, who is not their father by law? The answer here is quite simple. Alimony will be assigned only after paternity is established. Otherwise, the mother of the children should not be counted on the support of the former civil husband.
Recovery of alimony for two children in suchsituation is made in a judicial order. However, to begin with, a woman will have to prove at the meeting that the defendant is the biological father of her children. If this claim is confirmed, the court will appoint to pay a certain amount of alimony. This must be known to women who, by the will of fate, were left without the support of their former lovers after the birth of babies. Unfortunately, but this also happens.
If it doesn't work anywhere
Many alimony payers try to get a job.to the company informally in order not to pay money for the maintenance of their children to the former spouse. What happens then? If the father of the children does not work anywhere and has no income, then the bailiffs calculate alimony based on the average salary in our country. Therefore, if at present it is about thirty five thousand, then they will be used to calculate funds for the maintenance of two children in the amount of 33%. It is easy to calculate that it turns out pretty decent amount.
What is characteristic
It is also necessary to say that the percentagechild support for two children can only be reduced by a court decision. This is allowed only when the financial situation of a child’s parents changes significantly. For example, the former husband entered into a new marriage, and there he also had a child. After that, he divorced, but the former wife also filed for alimony. In this situation, the funds for the maintenance of children will be calculated from half the salary of the father. More from him to recover are not eligible.
True, if there is a large debtchild support can be deducted from the income of an irresponsible parent up to 70% and transfer funds for the maintenance of children. This is done by the accounting department of the enterprise where the debtor works, by order of the bailiff.
In a certain amount
Unfortunately, but many payersalimony hide their real income. This is especially true in the situation when the father of children works in a private campaign or works from time to time and receives very little. What remains for a woman to do in the situation when she is left alone with her children, and her former husband does not help her in any way? Only apply to the court with an application to increase the amount of alimony for two children. In practice, this happens quite often. However, if a man still constantly pays some amount to his children, and besides his salary he does not have income, the court leaves everything as it was.
However, if the woman at the meetingwill provide evidence that her ex-lover lives very well, drives an expensive car and rests at resorts, does not deny himself anything, it is possible that the court will satisfy her demands. Only they must be documented. Also in this situation, you can use the help of mutual friends and invite them as witnesses. It is also necessary to provide evidence of all material costs for providing the necessary children. If the amount of alimony is very small and does not cover even half of all expenses incurred by the mother, the judicial authority will meet it and will establish payments in a certain amount.
This happens in practice quite often.
The result
Children need care and support of bothparents. Therefore, even if the latter do not live together, one should try to maintain good relations with the former spouse, at least so that the children do not suffer without the attention of the father. In addition, it is necessary to say that children have the right to receive material support from their parents until the age of majority. Evasion of the obligation to pay funds to secure their own offspring is punishable by law. An irresponsible parent may lose his liberty for one year, and then get a criminal record and other unnecessary problems with the law.
