the Ministry of justice proposes to consolidate at the legislative level, a minimum amount of maintenance. This will help to break the vicious connection: no salary – no alimony.
Now we are working on the relevant provisions of the Family code.
As reported in an interview with “RG” the representative of the Ministry of justice, to calculate the lower threshold of alimony will be based on minimum subsistence level for a child, or of the minimum wage in each region.
So, in Moscow the minimum wage is more than 20 thousand rubles. In the regions it is slightly lower. For example, in the Saratov region it is 12.5 thousand rubles. In any case, this is substantially more than the amounts that sometimes gets one of the parents (in the vast majority of cases – the mother) for the child.
for example, if the father sits on the unemployment benefit, the percentage of child support is subtracted from this amount. The lower threshold for the unemployed: 1,5 thousand rubles. But even if the Pope has an official income, but receives not as a top Manager, and something in the area of minimum wages, the Family code, the child relies 25 percent. That is, if the father in Saratov, pay the minimum, then the child will receive about 3 million rubles a month.
of Course, this order of numbers is unlikely to cover half of even the most modest of costs on the child. In any region of the country.
Exactly 3 thousand rubles, and sends child support for son ex-husband of Galina. Her five year old, he wants to learn to ride a bike – how the neighborhood boys.
“But what’s the bike for such maintenance, – tells mother, – if they are not powerful enough to “feed” and “clothe”. In response to claims Maksim’s father before I showed zero return on income. It would seem – with the unemployed and bribes smooth. But often it is a profanation. “Ex-husband actually – the CEO of his own company, – explains Galina. Now he thought of another way not to pay the real amount of their income: he settled himself to his firm as a cashier at a salary of 12 thousand and pays child support on that amount. And this despite the fact that Maksim’s father recently bought a new car, and before the introduction of quarantine is actively traveled abroad. But on the bike the son he supposedly “no money.”
according to Dmitry Savelko, candidate of legal Sciences, the only way to force parents to pay adequate money to set the same minimum wage as the minimum amount of maintenance. He therefore fully supported the legislative initiative of the justice Ministry, adding that this warranty will be protected not only when one of the parents does not work.
“Now we have very low culture of responsibility for their child and alimony – lawyer says. Very often fathers don’t want to pay a decent child support, so hide their income, assets rewrite parents, brothers, sisters etc. At the moment in these cases, the mother and the child is not protected.” In practice, the story of Galina and her son – one of thousand similar. To change the appalling situation of Affairs will the new amendments. “The minimum wage will put a man before a choice: either you open the income, or you are brought to responsibility, up to criminal”, – stressed the lawyer.
With the adoption of the new law will be enough to come to the court, which will issue an order, and the minimum wage will be automatically deducted from the income of the father. And only if this amount is calculated on the minimum wage does not cover the real costs of a child, you can ask the court to increase the amount of maintenance to preserve for the child the same level of security. This allows you to make 83rd article of the Family code, to improve the provisions of which are also working in the Ministry. So in the end the mother will have a choice: either get a certain percentage from the salary of the former husband or to require a solid amount of the minimum wage.
