Each parent is obliged to be responsible to their children, including in material terms. It does not matter whether the parents live together or separately, and whether their relationship was registered or not.
Instructions
Step 1
Material support for children until they reach adulthood is called alimony. They are paid by one or both spouses in case of separation from them, or under certain conditions. Even being in an official marriage, you can file for child support for your children. This is done either if the spouse does not provide financial assistance at all, or to reduce the total amount of payments to all children, if the spouse has other children from previous marriages.
Step 2
The amount of alimony can be calculated in different ways. If both parents have come to a joint agreement on the amount of payments, then you can do without courts by notarizing it, and in some cases (with trust in each other) simply by discussing the terms orally. If a compromise is not found, or alimony is generally avoided, then the issue is resolved through the court by submitting an appropriate claim there.
Step 3
If the defendant has official income, then the amount of alimony is calculated based on this. For two children, it will be 33% of the salary. It often happens that the "white" salary can be very different from the real one downwards, in this case it is hardly possible to prove something. But the employer has no right to pay less than the minimum wage. In 2014, it is 5554 rubles, i.e. for two children, the minimum payment will be about 1800 rubles.
Step 4
If the defendant does not work anywhere or has a variable income, then a fixed amount is assigned as alimony. The court determines it on the basis of several factors: average data on the cost of a child in this region, on the financial situation of the defendant and the plaintiff, etc. At the same time, they try to take into account the interests of all parties and not worsen the quality of life of children. At the moment, there is no law that stipulates the minimum and maximum alimony, all this is quite individual. But in any case, you cannot be assigned less than a third of the minimum wage for two children.
Step 5
If the defendant works several jobs, then the amount of alimony can be calculated based on his total income.
Step 6
If there is an evasion of alimony for some time, you can collect the entire debt through the court. In this case, there are already penalties. If the defendant does not have funds, his property may become the unit of account. Failure to pay within six months without good reason is one of the reasons for deprivation of parental rights.
