How and how much the alimony of the unemployed

With the birth of a child, the parents are responsible not only for his health and safety, but also the content - the provision of goods being necessary for the life.

If the family life did not work out, the parents divorced or the mother and his father is married, but one of the parties does not fulfill its obligations against the child, the issue of payment of alimony arises. This is one of the forms of participation in life and care for a child, which is expressed in the content of this person - its material support. The needy spouse has the right to submit to alimony, regardless of whether marriage is terminated. In the case of employed parents, the issue of the amount of payments is usually disputes and disagreements, as there is income. And what if the person who should pay the alimony is unemployed?

1

How and how much the alimony is paid unemployed: the size of payments

The state did not establish the smallest amount of alimony, so for citizens who do not have stable work better, if it is possible to agree without going to court and find a solution. The amount of deductions is defined as part of the income of the parent:

• If a child is 1 - a quarter of income.
• If children are 2 - a third of income.
• If children are 3 or more - half of the income.

The unemployed is registered and receives payments.

If the non-working parent is officially registered as unemployed, it has an income in the form of a manual. Its size is determined on the basis of the average monthly income from the last place of work or on the basis of the minimum wage value in the region of residence. Regional wage size is also used when calculating payback debt. By January 2017, the average earnings in the Russian Federation at the level of 30100 rubles were established, however, it should be borne in mind that for different regions of the country, this indicator may differ significantly.

Citizen is unemployed and is disabled

To determine the calculation of payments, all types of citizen revenues are taken into account, including other payments and benefits. If the amount comes is too small - the minimum set as the living in the region is lower, the state pays the difference. At the same time, to determine the size of the alimony, it is necessary to provide as many facts as possible.

The unemployed parent has periodic earnings

In this case, the recovery of alimony is most problematic, but there is a way out:

• If you know that the parent has informal income, it is necessary to track the fact of cash receipts and spending. Based on the information received, it is possible to establish the amount of income (although not accurate) and already in a new trial require the relying amount for the CAD content.
• Use the testimony of witnesses not interested in this proceedings. Their readings will help determine the sources and the amount of parent's income.

2

How much and how much the alimony is paid by the unemployed: "solid" amount or share of earnings

Payments can be fixed or defined as part of income.

Alimony as part of income

The main advantage of calculating the size of the alimony on the basis of regional wages is greater compared with the benefit of the unemployed amount of payments. At the same time, the parent often does not have the ability to pay the appointed amount. Then the debt is growing and its recovery can be produced at the expense of the debtor's property. At the same time, if the parent becomes registered and will receive a manual, the calculation of the alimony will be made from the new income (benefits) and its size will be an order lower.

Alimony in "solid" form

In this case, the parent is obliged to pay a certain fixed amount, regardless of the availability and size of income or their absence. This option may be more acceptable for the unemployed, as even if it gets on a highly paid job, the amount of payments will remain the same. For the beneficiary of payments, this situation is undesirable. In addition, the amount appoints the court on the basis of the analysis of all the circumstances of the debtor. Since the minimum amount of payments is not set, a fixed amount can be assigned in the amount of 0.1 subsistence minimum.