Alimony for a child - how many percent of the salary? Maximum percentage of alimony

After the cessation of marriage relations, one of the former spouses lies with the responsibility for the maintenance of common children, which is called the "payment of alimony". This question can be solved in judicial order either by the peaceful way of drawing up agreement. Wherein last document Must be certified by a notary. As a rule, parental payments for the maintenance of the baby are alimony for 1 child. How many percentage they will be, can only solve the court. By law, they should be at least one fourth part of the salary or other parent income, who does not live with their child. But in the event that a citizen has other children and pays funds for their content, the size of the alimony can be reduced.

Basic

A woman who remained alone with the child after the care of her husband, always wonders on how to get payments for the maintenance of his baby with a former spouse. Because there are many representatives of a strong sex, leaving the second half, forget about their children who need their care, attention and material support. Here, family legislation comes to the rescue, which states that parents are obliged to contain their children, and if they do not do it, then the money is charged with them through the court. In this case, payments to the provision of normal conditions for the life and development of a minor person are alimony for 1 child. How many percentage they will be - solved only judicial authority. By law, this is one fourth part of the parenther's earnings, which left his family. In some cases, this amount of payments may be reduced, based on the material and family position of the citizen.

How to issue

Payment of parental funds to ensure your baby, who lives with another spouse, is an alimony for 1 child. How many percentage they will be, can only solve the court, having studied all the circumstances of civil affairs. By general rule This is one fourth part of salary or other income.

In order to arrange alimony, one of the parents with whom the child lives should go to court at his place of residence or at the address of the register of the defendant. Samples of the compilation of applications in this authority are already available. Therefore, it is possible to write everything right there, pre-clarifying all the information from the court or the bailiff. It is necessary to take only documents confirming the fact of the child's kinship with that man from which the alimony needs to be recovered. These include:

Certificate of birth of the baby;

Document on the design of marriage relations;

Certificate of paternity (if marriage was not registered);

Certificate from the place of residence of the plaintiff for a child with him (take in the passport office);

Copies of all specified documents for the defendant.

What's better

Most often, the means for providing a minor - alimony for 1 child (how many percentage they will be determined by the court) - accumulate from the Father or Mother by issuing a court order. To do this, you just need to make a statement and transfer the secretary. For five days after that, the order for the recovery of alimony will be ready. At the same time, the court session is not held. With this document, the recoverer may contact directly to the head of that organization, where the debtor carries out its official activity. If the place of work is unknown, then you need to go to the court performers.

Also, the recovery of funds for the maintenance of children can be carried out in order of claim. In this case, both parties to the dispute are invited to the court and the decision is made, after which the executive list is issued in the hands of the collector. They can give them a parent at his discretion, give it to work in the service of the baits or leave if the debtor decided to pay money voluntarily. Here it should be noted that this document may be presented for compulsory execution during the entire time of its action, i.e. until the child achievement is 18 years old.

Definition and Size

Here also comes to help family legislation. Art. 81 which it says that the maintenance of one child accounts for one fourth part of earnings or other parent income. Accordingly, if a citizen has a good and stable job, then payments will be decent. But maybe the opposite. Nevertheless, practice shows that many fathers do not always want to pay money for the maintenance of a minor - alimony for 1 child. How many percent (2016 also shows disappointing statistics) there are those who never translated funds to ensure their children and is serving the punishment for it! And even the tightening of the law cannot correct this situation.

Treaty between two parents

If the former spouses wish to resolve the issue of the maintenance of a child in a peaceful way, then in this case they need to make an agreement. This document is a treaty in which parents describe the terms of payment and the amount of alimony for 1 child, as well as responsibility for their non-performance. In addition, the amount specified in the Agreement may be fixed and gradually indexed taking into account prices. If the parent has decent earnings and stable incomeIn the contract, you can only specify the percentage of alimony for 1 child. So usually do very secured people.

You should never forget that the agreement on the payment of alimony should be notarized, otherwise it will not have an enforcement sheet forces.

In solid sum

This applies to those cases when a citizen, obliged to pay funds for the provision of a child, has a non-permanent income or does not work at all. It also should also be noted that alimony in a solid monetary amount may be appointed taking into account the material and family position of a person. As a rule, the court determines them depending on the value subsistence minimum or equal to him. It is necessary in order to provide the child a normal standard of living and development.

The change

Many citizens of our country are interested in how many percent are the alimony for 1 child? This is especially true when one of the parents live along with the baby and tries to buy all the most necessary for him, but there is not enough money, and the second does not refuse himself, has business and property, but at the same time hides its real incomes . In this case, you can contact the judicial authority with a statement about increasing the size of the alimony. At the same time, it is necessary to provide evidence (preferably written) that a person really has big financial opportunitiesBut for some reason does not want to pay one quarter from their real income. If the applicant will base its position only in words or testimony, then the court is unlikely to satisfy his requirements.

Several jobs

In this case, the payers themselves are interested in the question of the content of children and how much percent is to pay? Alimony for 1 child is paid by a citizen with a salary or other income in the amount of one quarter of the total amount of funds. At the same time, if the debtor has several jobs (working at two enterprises), then the money to ensure the baby must be paid over several executive documents. As a rule, the interests of a minor in this case are not violated.

Sanctions

It also needs to be touched upon the question of what threatens those who deliberately evade payment of money on the maintenance of their children? As a rule, they are attracted to justice. Art. 157 Code of atrocities states that the punishment here can achieve even 1 year in isolation from society. Nevertheless, even the tightening of sanctions cannot help cope with alimony defaulters.

Important

Many women are also interested in the question of what will be the percentage of alimony for 1 child in 2016, if the marriage was not registered? The main thing here is that the latter data is inscribed in the Birth Document in the column. In their absence, a woman will not be able to get alimony even from his former "civilian" husband. Because she will be considered a lonely mother. In this case, it will be necessary to prove in court that her father's father is the person whom she considers it. To do this, it will be necessary to even conduct an examination of paternity. Also, the Court also takes into account the testimony of witnesses and joint photographs where the predicted father of the child is depicted with his mother. Only if the fact of the blood relationship of the baby and the citizen will be proved, a woman will be able to apply for recovery from the last alimony.

Minimum payments

As a rule, not all debtors want to translate a quarter of income to ensure their children. It is most often due to the fact that the level of salaries of the latter is not large enough, and they also need to exist on something. Nevertheless, the minimum amount of alimony is not legally provided. Because parents are obliged to provide their baby in such a way that he has a normal standard of living. This fact does not depend on what salary has a parent, obliged to pay alimony. For 1 child (2016), their size is determined based on the percentage ratio.

The single maximum indicator of aliminal payments in Russia does not exist. The concrete monetary amount of alimony in any Russian regulatory legal act is not enshrined. This binds to the fact that most often the maximum alimony is installed in the equity ratio with the income of the payer, and not in the firmly established monetary terms.

Therefore, it is customary to talk about the maximum percentage of aliminal payments. It is provided in the third part of Article 99 Federal Law "About executive work"And no more than 70 percent of the cumulative income of the payer of alimony leaves. The payer itself after an aliminal deductions should be to life at least 30 percent of the money earned by him.

Family Code of the Russian Federation holds other numbers, and maximum size The alimony provided for in its article 81 is 50 percent. Yes, and this is a speech. In the second part of this particular article, it is indicated that the size of the alimony can always be increased in the presence of certain conditions and a number of circumstances at will or the application of any of the spouses. About foundations to increase the size of alimony, read.

Maximum alimony by agreement of the parties

In this document, which is compiled by spouses on a voluntary basis, you can specify an arbitrarily high amount of alimony. It should only arrange both sides and not to cause suspicion of a notary certification agreement.

The main condition of the Agreement - the size of the alimony should not be lower than the amount that would have happened if the alimony were appointed in accordance with the provisions of the Family Legislation of Russia (Article 81 of the RF IC) or in court, that is, at least a quarter from the payer's income for one child etc..

Mandatory in the agreement, it is necessary to indicate a clause on the conditions for indexing an alimony payment, so that the initially initially maximum indicator in the conditions of inflation has not decreased to minimum size Alimony.

As a general rule, the parent who calculates the alimony from wages It should stay at a minimum of 30% of its income. That is, the payment of alimony to the maximum will be 70% of the income of the parent - payer.

Maximum equity alimony

We have already touched upon the question of the fact that the size of the maximum alimony provided for by family legislation is 50 percent of monthly income Payer. And then this amount will be recalled if the payer on dependency is three children or more, or in other cases established by the court.

The maximum amount of alimony in this case will depend on:

• the number of children for the content of which should be paid

  (for one child - one quarter from the income of the payer, on two - one third, three or more - at least half),

• the size of the monthly cumulative income of the alimonymaker

  (An example: in one month he will earn 40,000 rubles and lists the child of 10,000 rubles, and in another - only 20,000 rubles, so the child get only 5,000 rubles, so that maximum alimony Will in the first case).

Usually, equity alimony is prescribed by judicial decisionTherefore, at the discretion of the judge after studying the material and family status of the plaintiff and the defendant, their size will be able to be increased. They will only grow up to no more than 70 percent of the income of the payer. And not necessarily on three and more children. The judge will be able to appoint an alimony payouts in the amount of 70% of the cumulative payer income as an example on the maintenance of a disabled child who needs expensive treatment and care. With all this, the payer itself should remain at least a subsistence minimum, then the decision can be considered legal.

All the difficulty and injustice of this method of recovery of alimony is that unscrupulous payers often underestimate their income either do not report the recipient of the alimony or the court of real size of their earnings. Therefore, it is difficult to determine the maximum amount of alimony. To install it, you need to spend your little investigation and find out all the sources and the general real income of the payer from which you can get decent payments.

Example:
The company received an executive list. It refers to the payment of an employee's income as an alimony. Sheet acted in March 2013. It was necessary to pay it from 03/15/13.

Employee salary is 40 tr.
For March, he was also charged award for the year - 150 tr., As well as a premium for 1 square meters. - 15t.r.

First you need to determine which amounts will be income from which the alimony will hold.
Aliminal obligations are considered from 15.03. Consequently, the alimony will be held with income received from 15.03.
1. Salary from 15.03-31.03:
40 000/20 slave. x 11 slave \u003d 22 000 rubles;
2. Prize for 1 square meters. 2013, from 03/11 - 31.03:
15 000 / (31 + 28 + 31) Cal.DN. × 17 Kal.DN \u003d 2833.33 rubles

"Solid" alimony to the maximum

"Solid" alimony is a fixed cash payment. The specific maximum amount of aliminal payment is not specified in any regulatory act, as well as the minimum, by the way (about the minimum amount of alimony on a child you can read). Here, the maximum is established by the judge after considering the application-claim and study the material situation of the plaintiff and the defendant.

The main thing that the court will rely, - what level of income was at the family to the divorce, a child got used to what kind of life from a material point of view. His interests should not be significantly injured after the divorce of parents and the appointment of alimony payments. If the mother itself can provide a child with a worthy existence, then the Father has a chance to get into a monthly payment of approximately a quarter of his income per child.

The maximum amount of aliminal payments in the settlement agreement is not limited to anything, since this item is discussed by mutual agreement. The main thing is that the amount does not infringe upon the rights of the child and the obligated side.

The material situation of the payer, the presence of children in other marriages, the state of health and the ability to make a decent thing - the second, which will be interested in the court when appointing alimony in solid terms. The more stable the financial position of the alimony-payer, the less dependents, the higher the chance to recall the maximum amount of alimony from it. Provided that the child in them really needs.

Duma decides

In the State Duma of the Russian Federation, there is no first year discussion of the draft law, which will establish the size of the highest and lowest alimony. Rumors go different and amounts of these fluctuate from 15,000 rubles to a maximum of up to 10,000 rubles at least.

While the advantage is given to shared alimony. Still, the income size of the payer has a dominant value. The needs of the child whose dad brought 100-150 thousand rubles to the family, will not be satisfied with 10-15 thousand alimony established by law. Again, than this child earned more than another, who has a father of such money and never held in his hands.

Such a bill - Salvation only for those families in which ex-husband Consciously shelters his real income, giving her child to the content of the dear penny.

If you have questions about how the maximum size of the alimony, then ask them in the comments

Parents must contain their children - this is an axiom.

And if the family breaks down, then, as a rule, the father (and less often the mother) is obliged to pay in favor of the child payments in the form of alimony.

However, how to correctly determine their size? on 1, 2, 3 or more children? Read more about it.

On the monthly amount Payments to the child affect several factors at once.

First, it is the regularity of the income received by the payer and its character.

So, if a person at his work receives regularly wages, then accounting will regularly hold from it to the alimony defined percentage.

If the father of the child cannot boast the stability of his material situation, the court determines the additional amount of alimony to pay a predetermined amount.

Also, not only children are entitled to claim alimony. In some cases, payments can count: the second spouse, as well as parents who have reached old age. In this case, it also acts only solid amount Alimony.

As for situations where the alimony is paid out of income in a certain proportion, then their amount is directly affected by the stability of wages, as well as the number of children who will need monetary savings.

How many percent are alimony for 1 or more children

What percentage of salary goes to alimony per, two, three and more children?

So, if one child is brought up in the family, the court may award the holding of alimony to a child in the amount of ¼ from all revenue received by the debtor.

When parents have two common children, the alimony is paid at the calculation of one third of earnings.

In case the alimony needs to be paid on three children or a large family, half of all incomes may fall on payout.

Such norms are contained in the Family Code. However, there may be other options. For example, it can also provide a different percentage of payments to the child. The main thing is that at the same time their interests are not infringed.

No need to forget that the amount of payments in a large or smaller side has the right to adjust the court, relying on life circumstances.

When the alimony indexes occurs

If the alimony is paid in a fixed amount by the court decision, their amount is regularly indexed.

This recalculation is due to the periodic growth of the subsistence minimum established on children in the relevant region.

And if such an indicator is adjusted several times a year, then the alimony is indexed accordingly.

When the alimony holds the company's accounting from the salary of the debtor, then its employees should also be indexed. If the debt repayment is carried out by the efforts of the bailiff, it is he who is obliged to conduct an appropriate recalculation.

In the event of the existence between the spouses, the alimony agreement, indexation can be equated not only to the subsistence minimum, but also to the growth of any other indicators. Their, for example, includes a change in the material situation, an increase in the minimum wage threshold and so on.

We will show on the example, how to index the amount of payments based on the subsistence minimum, which awarded the court. As a basis, take the capital.

So, the court decided to recover the alimony from the debtor in the amount of 15,000 rubles. The decision joined B. legal force In March 2015. Then in Moscow the significance of the subsistence minimum in relation to children was 12,561 rubles.

After that, it is necessary to divide the amount of alimony by the amount of the subsistence minimum that existed at the time when they were awarded. So we get the indexing coefficient:

(15000: 12561) \u003d 1.19 (if rounded, then 1.2 will be released)

In the second quarter of 2015, the amount of the subsistence minimum in Moscow increased, and began to be 13,080 rubles. Therefore, the alimony is indexed as follows:

13 080 x 1.2 \u003d 15696 rubles

It is in such a sum that alimony on a child in 2 and 3 quarters should be paid. The end of 2015 data will be known only in the spring. And only then there will be another payout indexation.

Examples of calculation

This applies to the cases when the father of the child pays the alimony voluntarily and situations where the executive list came to the accounting department.

In particular, do not everyone know what employee payments should be taken as the basis.

Meanwhile, according to the current legislation, retention occurs not only from salaries, but also from premiums, vacation, compensation, hospital, and so on.

It should be borne in mind that only the so-called "pure" income is involved in the payments of material support. That is, this is the amount that an employee should be obtained after hold Ndfl and other mandatory deductions (FIU, social and health insurance). At the same time, the Family Code suggests that alimony should be paid to the recipient within three days from the date of calculation with the debtor for the current salary. Otherwise, the enterprise may subjected to sanctions.

Family law is the area of \u200b\u200bjurisprudence, to study the provisions and regulations of which should be approached extremely carefully. Especially if it concerns alimony. Recipient, and the payer needs to know its obligations and rights. Only in this case the parties will not conflict, bring the case to court. The legislation provides for the recovery of alimony in two ways. The first option is a fixed amount of money. The second way is the percentage of wages and other official income of the alimenter. In this article we will look at how many percent of the salary make up alimony On the child and how to conclude a payment agreement. If the total point is not found in this matter, the cash payments are charged in court.

Determining the amount of the payment for the maintenance of a child who has not reached the age of majority, specialists take into account the standards that are reflected in Article 81 of the RF RF. Depending on the characteristics of the situation, cash payments can be reduced or increased. To find out how many percent of the salary will constitute alimony to a child, you need to get acquainted with the information presented below - the size of the alimony depends on the number of children in the payer's family.

• 25%, if the amount goes to the maintenance of one child;
• 33% when funds are listed to two children;
• 50% in cases if the payer has three or more children.

Both sides should be aware that only the court takes the decision to reduce or increase the payment. At the place of work of the payer, changes cannot be made by any specialists, management or officials.

Interest on alimony (in the direction of reduction or enhancement) can be changed. The court will take into account the marital status of the payer, the material situation or other factors provided for by the laws of the Family Code.

Online alimony calculator

Agreement on the payment of alimony

The global agreement on the payment of alimony is an official document that assures notary. It contains detailed information About methods, procedures and conditions of monthly cash payments in favor a minor child. The agreement concludes a pair that remained in good relationships after the divorce. This document, which has legal force, is a reliable protection of the rights of a minor child. In agreement, it is necessary to take into account the possibility of changing payments (in case of inflation).

What income is taken into account when charging alimony

To accrual the alimony on the maintenance of a minor face, the entire income is taken:

• official wages;
• premiums, premiums, rewards, surcharges for it;
• material incentives that are constant;
• payments to municipal staff;
• fees of cultural representatives;
• pensions and scholarships;
• income from individual entrepreneurship;
• profit received from securities;
• monetary content of citizens who are in service in the Armed Forces;
• income that is formed from the delivery of property for rent;
• payments that enclosed;
• remuneration that is intended to persons holding posts in government agencies.

Citizens who receive surveillance allowances, heavy working conditions, work on holidays and weekends, night time, specialties, classification and professional skill, personnel management, also need to pay alimony from these income groups. Persons performing the function of the class teacher are required to take into account this additional profit. Representatives medical sphere - not an exception. Also pay alimony are obliged by citizens who receive unemployment benefits, temporary disability. Another group of persons who were dismissed in connection with the liquidation of the organization.

Incomes to which alimony do not apply

There are certain groups of income, of which monetary assistance to persons under the age of majority are not formed. These are: travel, maternity benefits, money paid due to transfer to another locality, the amount of compensation for worn-out equipment / tools, which is the property of a specialist. Also not accrued to alimony on cashissued for therapeutic and preventive nutrition, the burial of relatives, vouchers in a sanatorium, a pension, which is appointed due to the loss of the breadwinner. A few more groups: benefits to persons who have children maternal capital, material payments At the birth of a child.

Voluntary recovery

Russian legislation provides for two options for collecting cash payments in favor of children under 18 years of age. The first method is voluntary charge, this is the best option that occurs is not as often as I would like to collectors. This is a conclusion of the agreement between the parties to transfer monetary assistance. This document contains all the necessary information: the size of the alimony, the terms of payments, the procedure for calculations, the rights and obligations of the parties. Depending on the current situation, all indicators are defined individually. If necessary, the Agreement indicates additional costs that cover an alimony (spending on vacation, medical procedures, training programs). The finished document is certified by a notary.

Forced recovery

We are talking about a claim that the plaintiff places and submits to the world court. Such a document is drawn up in three copies. In addition to the claim, you must collect and provide a number of additional documentation. Among mandatory documents it is worth noting:

• official forms 2-NDFL (confirmation of the revenues of the defendant and the recoverer);
• certificate of the birth of a child (copy and original);
• discharge from the house book;
• certificate of divorce official marriage (copy and original).

If there is no data from the place of work, then the recoverer should contact the service bailiffs. Representatives of this instance will help to figure out the situation. Statement of claim It is submitted to the court at the location of the recoverer of alimony. Another option is to appeal at the place of residence of the defendant.

The accounting department of the company in which the payer of the alimony is employed is obliged to accrue monetary support for the maintenance of a minor.

Accounting makes accruals on wages and other remuneration provided for in the enterprise. The transfer of money is made within three working days from the date of receipt of the salary. If the alimony dismisses, the leadership of the organization is obliged to communicate this immediately. Otherwise, penalties are imposed on the company.

Decrease and increase in cash payments

Alimony is a magnitude of non-permanent. Depending on the family and material position of the parties, the amount of payments can be adjusted. Perhaps both an increase and reduction of the amount. For example, a payer loses work or temporarily suspends labor activity. In this position, the calculation of the alimony is carried out depending on the average wage calculated in Russia. If the amount of monetary support is determined as a percentage of wages, its decrease is expressed in shares.

Another option is an alimenter who has several juvenile children from different marriages. This situation provides for interest payments from wages (approximately 16% if a citizen has three children, one of which is a joint child from the former spouse). Only the world court has the right to decide to reduce the size of the alimony. For such a procedure, you should collect a package of documents:

• official income certificate (2-NDFL form);
• a copy of the employment contract;
• certificates of the birth of children.

Holding alimony from a salary on several executive sheets is the task for company accounting. The calculation is not easy. After all, such a citizen needs to save 50% of earnings. Exception - Education of alimony debt. If there is a debt, it will be charged to 70% of wages. This calculation is valid until full repayment Debt.

Improving the amount of monetary support to a minor face occurs when contacting the court one of the parties (recipient or payer). The basis for increasing payments is a change in family or material situation, the emergence of other legal circumstances.

The judge carefully considers every case. An individual approach ensures the adoption of a reasonable solution. For example, the payer is very low income. As a result, the ¼ part of earnings are insufficient for the maintenance of a person who has not reached 18 years of age. In such a situation, the judge has the right to increase the amount of monthly payments.

Output

The fixed amount of alimony is beneficial when the payer has an irregular income or makes a profit in kind. The percentage of wages is acceptable in other situations. It is possible a combination of both options: part of the amount is fixed, the part is paid in the form of a share from official income. What version is most preferable to calculate independently or seek qualified help to a family law lawyer. In any case, the payer needs to be understood that the material situation of the former family depends on the timely repayment of debt, and the most important state of the joint child, which has not yet reached the age of majority. Caring for children is the duty of parents, even if the marriage collapsed, and they do not live together.

How many percent of the salary make up alimony?

In art. 81 "Family Code Russian Federation"Dated December 29, 1995 for N 223-FZ (in the" Fresh "editions of December 29, 2011) indicate the following amounts held on minor children:

• ¼ (i.e. 25%) from earnings for 1 child;
• 1/3 (i.e. 33%) on 2 children;
• ½ (50%) for 3 and more.

The size of the share may or increase, or decrease by the court. When making a decision, the marital status of the parties, the material well-being, the characteristics of the physical condition, as well as other circumstances, take into account the marital status.

Parents can solve the whole "world" and compile an agreement on the payment of alimony (+ assure it notarially). In the document, 26%, 33%, 27%, 35%, 38%, or any other share can be provided.

You can also set a fixed amount that is attached to the subsistence minimum budget and indexed. You can choose Fix +%.

The size of the alimony on the former spouses, as well as on the maintenance of disabled parents is not fixed.

In each case, the Court considers a specific situation, takes into account the situation of the parties, and already on the basis of this makes a decision.

In the instructions, we will analyze what percentage of the salary goes to alimony for the content of 1 child, 2, 3, 4 and more children.

Traditionally, it is believed that funds are accumulated from salaries. For example, Ivanov has 20,000 rubles, and from them 25% will be kept on 1 child.

It turns out that Ivanov must pay (20,000 - standard tax deduction) * 25%. But everything is not so simple.

Salary - just 1 of the sources that are removed%.

Decree of the Government of the Russian Federation of July 18, 1996 for N 841 "On the list of types of wages and other income, of which the deduction of alimony on minors" (with all subsequent changes and additions) contains a list of income from which alimony can be calculated.

It indicates that contributions are calculated from both the main work and part-time.

The percentage is removed as income in monetary sums (Russian rubles or currency) and from the resulting in natural form (sausages, kefir, fruit, meat, and so on).

Alimony is calculated and listed with:

Legislation protects children, therefore it implies payments hardly from any income received by the parent. But there are exceptions.

Full list you will find in Article 101 "Types of income that cannot be drawn by" FZ "On Enforcement Proceedings".

The norm contains tens of points, including:

The legislation has a gap with which it is difficult to deal with. These are the so-called "gray salary in envelopes" that cannot be taken into account (and which are not subject to compulsory contributions).

For example, in January 2019, Schukin officially received 10,000 rubles, but in the "envelope" it was brought to him another 40,000. Payments for the maintenance of the child will be calculated only from 10,000.

Cease to pay money when:

The first question that concerns parents is: "Alimony is charged with a clean or dirty salary?". Payments on the child are charged only on the "clean" salary, i.e. The one with which NDFL was paid.

In the instructions, we will analyze with examples, how the calculation is calculated which formulas are used.

If a person works officially, then everyone is doing for him. In the company's accounting department comes an executive list (or agreement) indicating necessary information, And a specialist in charge of salary makes retention.

Standard formula looks like this: (the amount of accrued s / n - (the amount of accrued wages - standard deduction) * 13%)) *% of alimony \u003d net salary * by%.

The NK of the Russian Federation contains article 218 "Standard tax deductions" It indicates the amounts that are deducted from s / n in front of the "Removal" of Ndfl.

For example, Pimenova has 1 child, and with his wife our hero is divorced. At the court, 25% of the salaries were established monthly. In March 2019, Pimenova accrued 30,000 rubles "dirty", a standard tax deduction for 1 child - 1,400 rubles.

(The sum of the accrued s / n is (the amount of accrued wages is a standard deduction) * 13%)) *% of alimony \u003d net salary * by%. \u003d (30,000 - (30 000 - 1,400 rubles) * 13%)) * 25% \u003d (28 600 * 13%) * 25% \u003d (30 000 - 3 718) * 25% \u003d 26 282 * 25% \u003d 6 570.5 rubles.

If the formula seems complicated, then you can "decompose" to simple components:

How to be if our Pimenova has 20,000 vacations for March 2019? With this amount will also be removed alimony.

The calculation is the same as in the example above: (the amount of accrued s / n - (the amount of accrued wages is a standard deduction) * 13%)) *% of alimony \u003d net salary * in%:

In March 2019, our worker will list money and salary, and from vacation. It turns out 6 750.5 + 4 395.5 \u003d 11 146 rubles.

If the salary is more than 350,000 rubles, then the standard deduction is not used! The amount simply multiplies by 13%, we will find out a clean salary and multiply it by 25%.

For example, a goose 400,000 s / n. The net salary will be 400,000 - (400,000 * 13%) \u003d 400,000 - 52,000 \u003d 348,000. With "clean" 348,000 and 25% is removed on the child. There will be 348,000 * 25% \u003d 87,000.

The scheme is the same, but they take not 25%, and 33% (if another amount is not established by the court or agreement).

These 33% are calculated with real, i.e. "Clean" or "bare" s / n. Only tax deductions change (for 1 child 1,400 + on the second 1,400).

Calculation of the size of alimony from "clean" s / n

For example, Losev was cleaner received 40,000 rubles for April 2019. A man has 2 juvenile children whom he must contain (but they are divorced with his wife).

According to the executive list, Losev must deduct 33% of s / n. It will take 40,000 * 33% \u003d 13 200 rubles to alimony.

The scheme is the same, but we will have to calculate the NDFL and see the standard deductions:

It is these 14,755,12 rubles of loses will list the ex-wife for the maintenance of minor children.

The court or agreement may not be established by 33%, and 38%, 40%, 43% or any other. Also can prescribe fixed amount (Tied to the budget of the subsistence minimum).

Maximum percentage Holding is prescribed to Article 99 "The amount of deduction from the wage and other revenues of the debtor and the procedure for its calculation" of the Federal Law "On Enforcement Proceedings". It is indicated that% cannot be more than 70%.

How to calculate alimony for 3 children or 4 children

As a rule, the amount to be listed is 50% and more (you can agree on others). Funds are removed from net salary.

For February 2019, Retrootes got clean 40,000 rubles. He has 4 children with Ivanova (from which he is divorced).

The court found that a citizen is obliged to give 50% of earnings and other income. Ents must list 40,000 * 50% \u003d 20 000 rubles.

Calculation of alimony with "dirty" (accrued) salary

The essence is that you will have to "minus" NDFL. The scheme is the same as in the above cases. The difference is that the deductions are more.

In January 2019, Koshkin was accrued "dirty" 100,000 rubles. He has 4 children, with a spouse in divorce.

How to calculate Alimony:

It is these 44,072 rubles that Koshkin will list the ex-wife for the maintenance of minor children.

If there are children from different marriages, then parents have the right to apply for a decrease in the amount of payments. The final decision takes the court.

There are situations where from 60 percent of the sn reduce up to 59%, 58%, 55%. But it all depends on the position of the parties.

Additionally (separately) can pay money for the content of the wife on the decole. The size is installed in each case individually.

You can also conclude payments agreement. What percentage of alimony to a wife on maternity leave? As a rule, about 10-30% of s / n.

What if you do not pay, do you have arrears? The RF IC contains Art. 115 "Responsibility for untimely payment of alimony" in which sanctions are prescribed:

1. If the size is set in the agreement, read it. There may be penalty payments, penalties, penalty.
2. If% set the court, you can demand a penalty. Its size is ½% of the sum of unpaid alimony for 1 day of delay. Additionally, you can collect damages caused by late execution of obligations (but they will have to prove). You do not need to pay for alimony tax.

Now you know how funds are calculated and paid for the maintenance of children or ex-wife.