Calculation of maintenance allowance for children from different marriages raises many questions, both among their legal representatives and payers.
The calculation of alimony for children from one marriage is quite transparent and is based on legal norms. The logic of the document assumes that the content is distributed evenly, regardless of whether children are born in the same marriage or in different ones.
Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
In practice, things are different. Due to various factors and when using the opportunities provided by the second paragraph of the same article of the Code, the maintenance allowance for children from different marriages is often assigned unequal.
What does the new law say
The state guarantees children maintenance from the parent who has ceased cohabitation with them. According to legal norms, maintenance is an obligation that the parent is subject to until the child reaches. It is also necessary to provide for those children who, regardless of age, are disabled for health reasons.
Amendments in 2019 threaten an even greater burden on alimony payers for children from one or more marriages:
The first thing that will change is the age of minors in need of support | According to the new amendments, maintenance payments can be extended until the child reaches the age 24 years old. To do this, he must study at a specialized secondary or higher educational institution at the eye department. |
The second important addition to the family code is housing alimony. | They will be appointed by a court decision if the parent with whom the child was left cannot provide him with housing due to material or other problems. The alimony payer will be charged additional duty create decent living conditions for the child. |
Changes to Fixed Support Amounts | It is supposed to appoint minimum threshold amounts. Most likely, this threshold will be equal to 15000 rubles. |
The conditions for paying child support for the unemployed will change | Calculations will now be based not on the minimum wage, but on the average for the region. As a result, the amount will increase significantly. |
These amendments to the Family Code are still under discussion. But even now it can be predicted that many of them will soon enter the new law about alimony.
The legislative framework
When considering cases involving alimony for children from different marriages, they are based on three basic documents:
- code of laws family affairs- Family code;
- a decision explaining the type of income from which the payer is obliged to deduct maintenance to children;
- an order protecting the rights of the payer.
The main law according to which alimony is assigned is the Family Code. It defines the principles for calculating the amount of alimony, the methods and procedure for payment. On the basis of this set of laws, all legal issues associated with the need to increase or decrease payments. The fifth chapter of the Code is devoted to the provisions on maintenance obligations.
The next document that is used to ensure the fulfillment of alimony obligations is Government Decree No. 841. This decree underlies the assessment of income, which should be the basis for the payment of alimony.
To put it briefly, alimony must be deducted from any income, whether it is permanent or periodic. Alimony is also paid from one-time income from the sale or exchange of property.
Despite the fact that it is the duty of the person burdened with alimony to deduct a share of any income, in practice, collection occurs only from the official wages, as payers try to hide other incomes.
The federal law that determines from the income of the payer in favor of children is number 229. The document guarantees the payer a minimum material support necessary to maintain own level life. It is legally prohibited to deduct more than 70% of all income received by the payer as alimony.
What determines child support from different marriages
Legal difficulties in alimony cases do not arise if the spouses separated by mutual agreement, have no claims against each other and agreed on the joint maintenance of the child. If at the same time both agree with, and the minor is provided with a decent standard of living, then often the agreements are not even drawn up, but are oral. Unfortunately, such arrangements are either rare or short-lived.
Often the rivalry between ex-wives one man continues after the dissolution of marriages and is reflected in the maintenance of children.
General formalities
Based on the Family Code, the payment of alimony can be assigned as part of the payer's income, a fixed amount, in a mixed way:
Share of income of the payer | Formally, when using this form of deduction, alimony should be calculated according to the following scheme:
If there are more children, then half of the payer's earnings are divided by the number of children. There was at the same time one marriage or several does not matter. |
Fixed amount | the name is nominal, since its value changes periodically. This form of alimony can be chosen by the payer with the voluntary agreement of the parties. A fixed sum of money may be awarded by the court when:
The determination of the amount is calculated based on the share of the minimum wage in the region (SMIC) and the cost of living in the country. With this form of payment, the amount of alimony is periodically indexed, depending on changes in the size of the minimum wage and the cost of the food basket. |
mixed way |
|
Collection conditions
The law allows you to demand the establishment of maintenance for a minor from the father or mother directly in marriage, after its termination and even when it was not concluded:
Alimony in marriage | Separate norms of the Family Code allow you to receive maintenance without dissolving the marriage. Most often, such a recovery condition is applied if the marriage exists only on paper, the spouses do not general economy. But it is possible to determine maintenance payments even if one of the spouses fully entrusts the maintenance of the family or common children to the second, he himself evades these duties. When a man already pays alimony to children from a previous marriage, the official spouse can apply for alimony:
In order to receive alimony in marriage, it is necessary to prove that the one who insists on maintenance is materially in need and is not able to support himself on his own. |
Alimony without marriage | Parents are responsible for the maintenance of their children, whether they are married or not. It is on this legal norm that the opportunity to apply for alimony is based. In order to be guaranteed alimony from the father, it is necessary to prove legally that the child is his. The easiest way is if the children are recognized as the father and the data on the civil husband is entered in their Birth Certificates. Otherwise, the fact of paternity will have to be proven in court. You will need evidence of cohabitation, witnesses of family relationships. Documents that may litigation on the maintenance case to confirm the relationship of children with parents:
Genetic testing can help prove paternity. |
Alimony upon divorce | In the absence of a voluntary settlement agreement on the payment of alimony, you can sue for their determination as soon as the marriage is dissolved and within three subsequent years. The law allows you to claim material maintenance for the entire period. |
Features of the accrual process |
|
Possible sizes and calculations
It is possible to clearly explain the procedure for calculating maintenance obligations for children born in different marriages using examples that take into account different forms payments:
Example No. 1 - allowable share of the payer's salary | The defendant was issued court decisions to pay maintenance for three children from two marriages in the amount of 50% of income. Respondent's income for the current month:
The total income will be: 16780 + 2140 + 10000 = 28920 rubles. The amount payable under maintenance obligations: 28920 x 50% = 14460 rubles. TOTAL: Each child will receive alimony in the amount of: 14460 / 3 = 4820 rubles. |
Example No. 2 - the share of the payer's salary exceeds 70% | In addition to existing obligations (50% of income), he came with a requirement to deduct a child support share from a third marriage in the amount of 25%. The total income has not changed = 28920 rubles. Moreover, if the conditions of all writ of execution are met, it turns out that it is necessary to deduct 50% of income = 14,460 rubles for three children, and fourth child- 25% of income = 7230 rubles. In total, this will amount to 21,690 rubles, which corresponds to 75% of the payer's income. The law does not allow such actions, so payments will have to be reduced proportionally. The maximum allowable amount for deduction will be: 28920 x 70% = 20244 rubles. The calculation should proceed as follows:
According to this example, debts will accumulate and, if they are not paid, will be collected from other sources of the payer. |
Example #3 - fixed amount |
|
Number in the family
The more children from different marriages the payer has left, the greater the amount payable:
Two |
|
Three |
|
Four | Four or more children receive maintenance on a parity basis. The more children, the less maintenance they can expect. According to the law, each of four children can receive 1/8, from five - 1/10, from six - 1/12 of the parent's income. |
This is the basic principle of calculations.
The second paragraph of article 81 of the Family Code allows you to make adjustments to the determination of the amount of alimony, which will make the shares of children unequal:
Cases where an increase in the amount of payments is allowed: |
|
Cases where a reduction in the amount of payments is allowed: |
|
When payments stop: |
|
The determination of the amount of payments for each child is decided in individually and takes into account many factors, which is why payments for children in different marriages can vary
Arbitrage practice
Judicial practice shows that it is much easier to achieve an increase in child support payments than to reduce the amount with a court decision already made:
Situation 1 |
|
Situation 2 |
|
Situation 3 |
|
"We immediately liked each other"
Liza, 16 years old: “We study at the same school and often meet there. And so - I come to them every week, or we just go somewhere together, with dad and mom. I used to see Sonya at school, but we didn't know each other. And then we met and immediately liked each other. We are very good friends and often see each other after school or call each other to talk. I also have a brother and a sister on my father's side and a brother on my mother's side with whom I live. We are all very friendly, both parents and children.
Sonya, 13 years old: “We have a very good relationship close, rather like sisters. From the first day we met, we immediately became friends. Liza and I talk about everything: about books, about mutual acquaintances, about everything that comes to mind. Very often Lisa stays with us to spend the night. Once we were left alone with her, my parents stayed at a party, and we began to watch a thriller. It was very scary and great!”
Sonya, 13 years old "Lisa is my closest friend"
Liza, 16 years old “We have a lot of fun together, with Sonya I can talk about everything”
“I tell everyone that Rita is my sister, although in fact she is the daughter of my father's new wife. At first, I didn’t really like that she now lives with us, but then I got used to it,” says 6-year-old Yulia about her 8-year-old half-sister. “Consolidated” are those who are not related by blood ties, but as a result of a new marriage of parents, they become part of the same family. At first, they may experience conflicting feelings for each other: new circumstances overturn everything that until now seemed unshakable. And the task of adults is to help children cope with the new life situation, contribute to the emergence between them of a real kinship, relations of warmth and mutual support.
Create Relationships
Is it possible true friendship between stepbrothers and sisters? “It occurs only if children spend a lot of time together,” says child psychologist Elena Moskaleva. - How more events and personal stories unites them, the smaller the difference in age, the more fraternal, trusting relationship established between them.
Relationships can be trusting, friendly. But also neutral, competitive and avoidant too. Of course, they change over time and are not always mutual. Be that as it may, for every child, the restructuring of the family is difficult process leading to new emotional connections.
Pin Roles
What kind of relationship will develop between children depends largely on their interests, on the attention of parents to them, as well as on family history every child. The place that the child will take in the new family hierarchy is important: the eldest can suddenly become the middle or the youngest, and vice versa, which often provokes conflict and resentment. As an older sister, 8-year-old Lena always defended the younger Yegor. But when their mother remarried, the stepfather's daughter, 13-year-old Larisa, appeared in the family. So Lena was overthrown from her throne. “Quarrels between girls happened more and more often,” recalls Lena's mother, 47-year-old Natalya. - At some point, I realized that I should secure the role of the older sister of her brother for my daughter. The clear demarcation of territories allowed all of us to breathe a sigh of relief.”
“At 4-5 years old, children get used to new role, - says Elena Moskaleva. - But for junior schoolchildren and adolescents, changing status often proves to be a serious test. Persistent attempts by a stepfather or stepmother to become a new parent reinforce negative emotions adolescent and can cause him to actively reject the new family member. Therefore, adults should start building relationships from a friendly position, and not from subordinating the younger to the older. “This will help children feel trust in the new parent and gradually recognize his authority,” says Elena Moskaleva. “It is important to preserve the value system that operated in the biological family of the child,” adds Anzhela Paramonova, a child psychoanalyst. It helps the child to identify himself. Exactly on family values, as on a foundation, his sense of security rests. And the new family should in no case cross out the old one from his life.
“We are friends, but we can argue”
Mikha, 9 years old: “We knew each other before, we visited each other. Therefore, when they began to live together, in general, everything was normal at once. It even became more convenient. We normally play, most often in board games, in "Munchkin" or Lego. I still play chess, but Misha used to play it before. But we rarely play chess with him. Sometimes we argue about some things. But, in general, we are friends. When people ask me if I have brothers or sisters, I answer that I have two brothers and another cousin.”
Misha, 11 years old: “We are very good friends with Mikha. We play, collect Lego. It’s a little more difficult to communicate with Lesha, but I’m great with Miha. We can tinker all together or think of something else. But we have very little free time. Lots of clubs and activities. If someone offended Mikha, I would, of course, intercede for him. But he is engaged in wrestling, he has an orange belt. So, most likely, he will cope on his own. ”
Deal with jealousy
Competing for the love of their parents, half-siblings stand up for themselves, but at the same time they suffer greatly. Everyone wants to get more love. “The child wages a constant war for the attention of“ his ”parent, and the most heated disputes flare up when comparing a stepfather with a father or a stepmother with a mother,” confirms Elena Moskaleva. “Each of the children believes that his parent is better.” The cause of disagreements between children may be unresolved contradictions between former spouses. “It is easier for children to transfer their internal discord to relations with half-brothers and sisters than to admit that one of the parents is wrong,” says Angela Paramonova. - The situation is even more complicated if one of the adults resists too much close friendship your child with new relatives.
Shadow of incest
It happens that friendly relations between “almost brothers and sisters” turn into something more. It is, of course, about love. “I was 16 and Zhenya 18 when our parents got married,” recalls Maria, 30. - Our sympathy very quickly grew into love. When Zhenya told them that we had been dating for a long time, they were shocked.” Eugene and Maria got married, despite the obvious disapproval of their parents.
Most of our experts believe love relationship between stepbrother and sister incest. And they say that the creation of a new couple by parents leads to a ban on love relationships between children from their past marriages, even despite the absence of biological relationship between them. “Regardless of the age at which children become members of the same family, sexual relations between them are destructive to their personality,” explains Anzhela Paramonova. - Unconscious reasons for such love may be the Oedipus complex, and rivalry with the "new" parent. Jealousy, envy, vindictiveness lead to suffering. Parents should prohibit any manifestation of sexuality between stepchildren.
"Deep love feelings between step-brothers and sisters can only arise when new marriage parents falls on the adolescence of children, - Elena Moskaleva clarifies. - They can no longer recognize a stranger as a brother or sister, for them this is just an acquaintance with a peer. The meeting of children becomes a mirror repetition love meeting parents. And since the most significant adolescence are relationships with the opposite sex, it is extremely easy to fall in love with someone who is nearby. If parents see that love relationships are developing between teenagers, it is necessary to clearly outline the boundaries of what is permitted.
New kids in a new family
birth in new family common child can be a real challenge for older children. The feeling of jealousy of the elder in relation to the younger is complicated here by the feeling of belonging to another, “dark” period in the life of the parents. Envy appears - after all, a baby, unlike them, has both a mother and a father at home. Psychotherapist Marcel Rufo advises parents, both "real" and "not real", to find time and discuss the new situation with older children, so that it would be easier for them to go through this complex cocktail of emotions, and see positive sides brotherhood. Marcel Rufo "Brothers and sisters, the disease of love" (U-Factoria, 2006).
Time to get used to each other
Do children in a new family have to be friends? “This is another illusion of many parents,” our experts say. Parents need to realize that the creation of a new family is their desire, which does not necessarily coincide with the desire of children. Therefore, adults should clearly state the rule: everyone should respect the other, and the rest - friendship, affection - as it will. The feeling of belonging to a new family always arises gradually. “The behavior of adults determines how comfortable children will be in new circumstances,” emphasizes family therapist Marcel Rufo. - They should unite them, realizing that the desire to get to know each other better can arise only when the children see each other often. New parents should think about how best to organize vacations, trips, meetings that are completely dedicated to children.
But every child needs his own space and one-on-one communication with his own father or mother. Otherwise, he may have a feeling of loss, loneliness and uselessness in a new family. 16-year-old Marina would not exchange for anything in the world the week that she and her mother spend only together during the holidays: “Do not be like this - ours and no one else's! - days, I would be jealous of her and the new husband, and his daughters.
But even outwardly smooth relations continue to be fragile. Children from different marriages end up together, but do not "merge". And conflicts between them can arise at any time. Concerted action by parents and fair treatment of children will help build friendly family and make children closer friend to friend. The experience gained together, common successes, the same level of education - all this strengthens the brotherhood of children with different characters, each of whom lived their own life story before meeting their parents.
Alimony is a painful topic for both women and men.
And if the separation is not the first time, and there are several children in different marriages, then the question arises, how much will dad pay, and what can a mother who is left without a husband count on.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!
It should be remembered that it is not necessarily the man who pays alimony, but the one of the parents who lives separately, without children. Alimony is provided for offspring who are under 18 years old.
How is alimony divided for children from different marriages?
Legislative financial provision of children after regulated by Art. 80-81 RF IC. The principle of calculating alimony is as follows: a portion of the income of a loving dad determined by law for alimony deductions divided accordingly between the number of children in each marriage.
For example, if a man has 3 children (two kids in his first marriage, one in his second marriage), then by law, he must pay no more than 50% of his total income for the maintenance of offspring. Thus, each cub accounts for 16.6%.
Means, accounting will send to the first wife for 2 children 33%, and the second ex-wife can spend the remaining 16.6% of dad's earnings on your boy.
This means that if papa continues in every next marriage to have offspring each of the children will suffer financially in previous marriages.
If offspring 2, 3, 4 or more
So, the father is obliged (if there is no agreement) pay in percentage from your total income(wages, dividends, pensions, scholarships, etc.) monthly:
- for one child - 25%;
- for two children - 33%;
- for three, four or more children - 50% of income.
If a two children, but they are from different mothers from different marriages, then the total deductions from his income according to the law are exactly 1/3, that is, each child will get 1/6 of the part. According to this principle payments for the maintenance of children in all marriages of a man are distributed.
These are the minimum allowances. Papa can agree to a large share deductions in favor of the kids, but here the law acts to protect him.
Article 138 of the Labor Code of the Russian Federation limits deductions for children. They cannot exceed 70% of the father's total income. For the remaining 30%, he must live on his own.
Payment by application or by court order
It is possible to issue a mutual, certified by a notary, on the amount and date of receipt of funds for the maintenance of joint offspring. Such a document in itself has legal powers equal in strength to a writ of execution (Article 109 of the RF IC).
Child Support Agreement Form: Sample Download
Alimony for two, three, four children through a justice of the peace
It is possible to do without judicial red tape, if there are no questions about establishing paternity or motherhood or other complications, then to claim alimony you can apply to the magistrate for a court order.
In this case, there will be no meetings, showdowns, and no later than 5 days later you can receive a court order with the functions of a writ of execution. This is the simplest, fastest and hassle-free method of claiming material support for a child from the father.
There are also pitfalls in this method: if the alimony is not transferred within 10 days, counting from the appointed date, then the court order is withdrawn as a means that has not justified itself, and you will still need to go to court.
Form of claim for a child, as well as 2 or more children: Download.
By writ of execution from the court
Serving petition to the magistrates' court where the trial will take place full program, subject to general rules.
The outcome of the judgment will be decision on which to get performance list and hand it over to the officers to the service at the place of residence of the alimony payer.
The court may appoint larger size payments for children than the minimum interest. It all depends on the earnings, living conditions of the husband and his families in previous marriages, and also on the number of dependents on the alimony’s neck in this moment.
On what income is alimony calculated?
It is indiscriminately believed that payments for children should be accrued from all types of income, but this is not entirely true.
The exact information on which funds should be withheld alimony, and from which not, is set out in the list approved by the Government of the Russian Federation in its Decree No. 841 of 07/18/1996.
For the use of the bailiff service issued Federal Law "On Enforcement Proceedings", where all the subtleties of this issue are explained.
In general, it can be argued that deductions will be made from salaries, pensions, scholarships, allowances, stock dividends, business income, etc. Only lump-sum amounts, such as bonuses or other types of income, are not taken into account.
Distribution of maintenance of children according to the law
All children born to the same father should be provided equally - this is what the law says represented by Article 81 of the RF IC. According to this rule, for each cub, the father must pay 1/6 of his income.
If a woman has children from different marriages, then each of the fathers pays his blood offspring 25% if he has one cub, and 1/6 each when there are two or more children.
A woman who has children from different marriages should know that the amount of alimony for each child will be different and it depends on income ex-husbands. The kid whose dad earns more can be better provided for.
;How to find out alimony arrears can be in this.
Wherein no need to specifically and artificially look for a reason to reduce payments, it does not add dignity and honor. But if there really is an unbearable financial situation, then you should try to sue the level of payments.
When the situation stabilizes, then it will be possible to increase the monetary content on children.
Is it necessary to introduce children from different marriages?
Hello. I am writing in the hope of finding some thread in unraveling our problem. So I'm looking forward to the answers.
My husband has a second marriage with me. We have a 4 year old daughter together. My husband has a 7 year old son from his first marriage. Children don't know about each other. Although they are still small, I feel that they should know about each other as early as possible, then they will take it for granted, and it will not be a shock to them. But the ex-wife categorically forbids dedicating her child to these revelations, almost with a threat that she will forbid her father to see him, she is afraid for the psyche. The husband sees his son every weekend, it looks like this - his parents bring the child to their home and they meet there. The father and son have complete mutual understanding, he is an authority for the boy. The ex-wife takes revenge to some extent - her husband left her for me (it happens sometimes in life that people find each other too late) But the children grow up ...
Our friends have a similar situation, but there the child from the first marriage comes to the second family of the father. My husband really wants his situation to be the same. With ex-wife he does not communicate, everything is through his mother. And he sees no point in talking with her on this topic - he feels the result in advance.
What do you think, is it necessary for children to know that they have a sister or brother? And when and how to tell them about it, and whether it is necessary to acquaint?
P.S.We remind you - topics that concern you,can be sent privately