Virtually every single mother raisinga child or who is in 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 you claim in court?
Recovery of alimony, according to the Family Code,in 2016-2017, it 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. In this case, the process of paying alimony can take place both by agreement of both parties, and by applying to the courts. An agreement is a mutually agreed decision to pay alimony to a parent raising a child in an amount that does not diminish the indicator. The court addresses many questions: "how many percent," "child support for what should be paid," and much more.
В случае выплаты алиментов в процентах, the reduction in cash allowance for a child is expressed in proportion. It should be borne in mind that the lowest percentage in the presence of three or more children is 16%. However, in exceptional cases it may be even lower than it should be.
Under what factors can alimony be accrued
In order to receive alimony for 1 child, no matter how many percent, the following factors must be present:
- Kinship The payment of alimony is carried out only if the payer is the biological parent. This factor is established either by birth certificate or in court.
- Number of years.Recovery of alimony is possible only if the child has not reached the age of majority. Otherwise, the payment of cash benefits from the parent is possible only if there is a child’s disability.
- The presence of a source of income from the payer.In the case of his absence, as well as property, which can be compensated for the debt to the child and the state, alimony may not be paid. However, this does not remove the responsibility of the payer for the payment of alimony.
- Duration of treatment.In the case of going to court within three years, the payer is obliged to pay child support until the majority of the child. Otherwise, the child allowance is paid only for the last three years, excluding the previous years of his life.
Amount of percent from salary for alimony payment
If an agreement was not reached, and you went to court, then it is extremely necessary for you to know how many percent child support is for 1 child. Their amount depends on the number of children:
- One baby - 25%.
- Two children - 33%.
- Three or more - 50%.
These indicators can change both up and down - depending on the income of the parent and other reasons. However, the change in cash benefits is possible only in a court of law.
How can alimony be retained
If the issue of money content is consideredin court, it is the judges, taking into account the material and family status, decide what percentage of the salary is alimony for 1 child. Payment of assistance to the child can be in the following varieties:
- In the form of wages.
- Natural products from own farm.
- Property Values. However, they are paid only in the absence of earnings.
- In a predetermined amount - in the absence of a stable income or any type of earnings in general.
What types of income are used to withhold
If cash is paid in the form of alimony for 1 child, how many percent of the salary they would be, the following sources of income are taken into account:
- Directly from the salary.
- With allowances and surcharges.
- With premium or other permanent sources of material incentives.
- With payments to persons belonging to the civil service and occupying high positions.
- With cash paid to municipal employees.
- With the income of cultural workers.
- With additional cash income in the form of additional payments to the tariff, salary, seniority, preservation of state secrets and other things.
- With funds received as payment for hazardous and harmful work, as well as upon entering holiday and pre-holiday workers and non-working shifts.
- With the payment of remuneration of the pedagogical employee who performs the functions of the class teacher.
- With the income of medical workers in any position they hold.
- With various types of pensions - social, labor, disability.
- With scholarships.
- With cash payments for temporary or permanent unemployment. It is carried out only in a judicial procedure or according to the agreement between the parties in advance concluded at the notary.
- From the funds received by the parent from the liquidated organization to the period of its official employment.
- With material resources received by the payer from their own individual entrepreneurship.
- With earnings from the provision of housing for temporary use by individuals.
- With the pay of military or employees of the Ministry of Internal Affairs or ATS.
- With the earnings of convicts sentenced to correctional labor, held in a SIZO, as well as dependent, undergoing treatment and rehabilitation in medical institutions of the state.
Thus, this is how alimony is charged for 1 child, how many percent the state will accrue, and so much the parent will pay - regardless of the type of earnings.
What income payments are not made
However, there are such types of income from which it is impossible to keep the alimony. These include:
- The payment of funds by the organization as compensation for clinical nutrition.
- The issuance of funds for travel expenses.
- Payment of compensation for the transfer of an employee to another branch of the company and another district.
- Surcharge for the purchase of a new tool to replace an unfit employee.
- Monthly payment of money by the state for the maintenance of a pregnant and giving birth woman.
- Cash from the state for the procedure for the burial of a deceased relative.
- A one-time benefit for women who have given birth to children.
- Allowances issued by the state to help those in need.
- Pension benefits on the death of the breadwinner.
Thus, if a person received money for one of these options, then it is impossible to receive alimony for 1 child, how many percent they would be.
How to get alimony
There are two types of alimony: by agreement and in court. And each of them should be considered separately.
Receiving alimony by agreement
The agreement allows you to set both partiesnot only how much interest on salary is child support for 1 child, but also possible additional expenses for a child: treatment, study or a trip to a sanatorium. In this case, all the nuances of the timing and payment are negotiated between the parents.
In order to put an agreement into play, it must be endorsed by a notary as well as by each of the parties.
Getting support in court
However, there are times when amicably resolvednothing works. In this case, you should go to the court, which will decide how much interest to pay alimony for 1 child. In this case, the following documents are sent to the legislative bodies for consideration and decision:
- The statement made in 2 copies.
- Certificates from both parents' jobs and payer income data.
- Data from each house book. If you live together - one statement is enough.
- Original and copies of birth and marriage certificates.
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 lostwork or is in decree with the general child of the payer. In the case of a legal marriage and subsequent divorce - or his absence - every woman is interested in this question: "How many percent of the salary are alimony per child and wife?"
If a woman loses her job, the court is entitledincrease the amount of alimony and its content. If the payer has lost his job or, for whatever reason, is unable to carry out his labor activity, the court has the right to reduce the amount of alimony to the average wage in force throughout the country.
In case of payment of alimony in percentageThe reduction in cash allowance for a child is expressed in shares. It should be borne in mind that the lowest percentage, in the presence of 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 should be sent to the court by one person:
- Salary data.
- Copy of employment contract.
- Official paper from the organization in which the applicant applies.
- Child's birth certificate.
Find out how much interest is alimony on1 child with the improvement of the financial position of the payer can also be through the court. To do this, the judge must provide the documents proving the improvement of material well-being of the payer.
An increase in the percentage of alimony is also possible with a too low percentage of payments. So, part is considered meager, and therefore the court has the right to increase the amount of the pay.
