How to calculate alimony in different cases. How to calculate child support

V Russian Federation the old procedure for calculating alimony payments is in effect. It is conducted in accordance with the Family Code of the Russian Federation.

We will tell you what new will be introduced in 2018, how the calculation of alimony will be made, what it will depend on, and also give real life examples of calculations in different situations and circumstances.

The amount of alimony for a child under 18 in 2018 - what determines the amount of alimony-2018?

They have been trying to legislate the amount of alimony payments for several years. Initially, the State Duma deputies considered a project according to which the alimony would reach a fixed sum of money - 15 thousand rubles.

In 2017, another idea was proposed - to equate child support to the living wage. But - until the project was approved, and the alimony is calculated in accordance with the RF IC.

The amount of alimony in 2018 will directly depend on:

1. The number of children of the alimony

One child will receive 25% of total income or living wage, which will be installed in each region at the end of 2017 and will operate throughout the first quarter of 2018. And for two children, 33% will be deducted from the indicated amounts, for three or more - 50%.

Note that alimony payments cannot be more than 50% of a citizen's total income.

2. Official or informal wages

Usually, if the alimony worker works officially, the alimony is deducted from his salary. If he is not officially employed, then payments will be charged from the subsistence level.

3. Available decisions of the judiciary

The minimum payment can be determined through the courts. The judge must take into account all the nuances and establish the amount that a citizen can pay from his income.

In addition, the right to own property, transport, valuable things (appliances, household goods) and even bank interest that the alimony can receive.

4. The size of the living wage for children

When determining the amount of alimony payments, they will take into account whether there will be enough money for a full life of the child, to meet his basic needs.

In St. Petersburg, the living wage for children at the end of 2017 is 10,367.90 rubles, and in Moscow - 14,252 rubles.

5. Circumstances increasing or decreasing the amount of alimony

For example, if a citizen became disabled, lost his job or had more children, then the size may be reduced.

If the child has increased expenses, for example, he entered the educational institution, then the amount of alimony can be increased.

6. Material support for the mother

When a citizen pays not only alimony, but also money for the maintenance of the child's mother (up to 3 years old), then the amount of alimony may be less.

7. The total income of the alimony

Alimony payments, as a rule, are calculated individually, depending on the circumstances of the life of each payer.

Rules for calculating alimony under a voluntary agreement

Registration and approval of alimony payments can take place on a voluntary basis, without the involvement of court authorities.

The signed agreement, certified by a notary, will have legal force, how performance list... It will be possible to provide him with a job where the alimony worker works, so that a certain amount of alimony is written off from him - and it is not necessary to contact the bailiffs (Article 109 of the RF IC).

The procedure for registration and calculation is as follows:

1. Agree on how much a parent can allocate to support the child / children

Rely on article 81 of the RF IC, where the minimum and maximum percentage withholding payments. Demand from 0.25 to 0.5 of the total income of the citizen.

2. Collect the documentation package

It will include:

1. Passports of those who conclude an agreement.
2. Birth certificate for the child / children.
3. A document confirming the relationship. For example, it can be a certificate from the guardianship and guardianship authorities, or a certificate of establishment of paternity, or a decision of the court.
4. Certificate from the place of work of the parent to whom the alimony will be charged.
5. Passport for a child, if you have reached the age of 14.

Make copies of the documents, but take the originals with you to the notary.

3. Submit the documentation package to the notary office, indicate all the conditions for concluding the agreement

For example, who is the alimony, in what amount and in what way will the alimony be paid, in what period of time.

4. Read and make sure everything in the agreement is correct and correct

If the parties are satisfied with everything, sign.

Get your hands on the original agreement.

We list the most common ways in which the calculation and payment of alimony payments is made:

1. Equity or percentage.
2. In solid sum of money paid monthly.
3. Property.
4. In a fixed amount payable once.
5. In another equivalent or form that will satisfy the requirements of the parties.
6. Mixed. For example, money is paid, in addition, the payer decided to transfer part of the property to the child.

It is better to determine the method independently, between the parties.

The agreement should also specify under what conditions the document can be terminated. For example, a mutual decision is possible - or a one-sided one.

The term for concluding an agreement can be any, until the child or children are 18 years old.

Calculation of alimony when they are collected through the court

In the event that the parties cannot agree, the only option remains - to apply to the judicial authorities.

1. Prepare a documentation package

It will also include documents for the parents (if there are only for the plaintiff, then theirs), for the child or children.

2. Write a statement of claim

When calculating and approving alimony, the judge will follow certain rules and regulations.

If you are going to write the lawsuit yourself, then rely on them too.

Alimony for a child in a fixed amount - what can the recipient expect?

Determination of alimony payments in a fixed amount can occur voluntarily or judicially.

You can set a certain amount for a different period, for example:

1. The parent will pay alimony every month in the approved amount

In this case, the alimony in a fixed amount can replace the usual alimony, the calculation of which was carried out according to the share, percentage system.

Example: citizen Eliseenko paid the child 25% of his wages, which was 12 thousand rubles. The child received 3 thousand rubles.

The mother who raised the child had little of this money. She filed a lawsuit and asked the court to determine alimony in a fixed amount of money, which would exceed the alimony established by law - but also did not violate Eliseenko's rights.

The judge, after listening to all parties and taking into account all the circumstances, managed to agree with the parent, and approved alimony payments in the amount of 5 thousand rubles.

2. The parent will pay alimony once in a certain amount

Example: citizen Sokolov did not pay alimony because he was not employed.

Through the court, the ex-wife demanded to oblige Sokolov to pay an amount of 20 thousand rubles. in August 2018 in order to use these funds to collect two children for school.

The parties managed to agree. The parent was ordered to pay 20 thousand rubles. and counted them as alimony payments, since Sokolov had a debt.

Observe, parents and the judge must establish that the child or children really do not have enough money to live well and meet basic needs.

Money may be required for:

1. Baby food, children... Save receipts, for example, for meals in the school cafeteria.
2. Medical treatment of a child or children. It will include both medications and funds. It is better to keep the check from the pharmacy, and then return half of the cost using it.
3. Clothes, things.
4. School supplies.
5. Payment for the child's education. It doesn't matter what educational institution. If it is paid, then the parent has the right to demand alimony for the payment of the child's education from the second parent.

If the parents found a common language, then a voluntary agreement is required. It should indicate who will pay the alimony in a fixed amount, when, in what amount.

If the parents cannot agree, then it is better to resolve the issue through the courts.

Examples of calculating alimony 2018 as a percentage of salary and income for one, two, three children

Here are examples of the calculation of alimony payments in accordance with the articles of the Family Code of the Russian Federation.

Example 1. With alimony for one child

Citizen Solovyova filed a lawsuit for the recognition of paternity and the appointment of alimony to citizen Morozov, her former cohabitant, by birth of a child. The judge, after talking with the parties and making sure that Morozov is indeed the father of the child Solovyova on a medical examination, made a decision: to recognize the paternity of Morozov and assign him alimony at 25% of his income.

Solovyova received a writ of execution, took it to the service bailiffs and gave them my documents. FSSP representatives sent the relevant documentation to Morozov's work. The accountant, when paying wages to Morozov, withheld personal income tax and ¼ part of the income.

Examples of claims for one child:

Statement 1:

Statement 2:

Example 2. With alimony for two children

The calculation procedure is the same as in the previous example. But, mind you, the age of the children is taken into account. If one child is already an adult, then alimony can be canceled, even if he is studying at a higher educational institution.

Alimony payments for two children are calculated as follows: 33% of the alimony's income is withheld.

The statement of claim contains all information about the children, their full name, date of birth, registration. The sample of the claim will be the same as for one child, only the title can be changed - "the statement of claim for the recovery of alimony for two children."

Example 3. With alimony for three or more children

Citizen Serebryakov had three children from his ex-wife, but did not help the children in any way. He worked officially in the Vympel company and received a salary of 25 thousand rubles.

Russian legislation obliges parents to support their children until adulthood. This obligation is maintained regardless of the family status of the parents and the actual place of residence of the child. If, due to a divorce or other circumstances, the child is in the care of only one of the parents (more often - the mother), the participation of the second in his financial support, in accordance with the Family Code, consists in the payment of alimony. In this case, the care of how to calculate the alimony and transfer it to the recipient in a timely manner falls on the shoulders of the accounting department of the organization where the payer works.

Grounds for the payment of alimony

On a monthly basis, the accounting department withholds the "parental debt" from the alimony's salary and other income and transfers the amount due to his children to their legal representative. Accountants do this not on their own. Such a duty is imposed on the employer by Article 109 of the RF IC. The basis for the corresponding deductions can be one of these documents:

1. Agreement of the parties on the payment of alimony, which determines the procedure and amount of payments, certified by a notary.
2. A writ of execution, formed by a court decision and transferred to the organization by the bailiff service.
3. An employee's statement on the voluntary payment of alimony or an increase in the amount of alimony in excess of that awarded by a court decision.

From the party receiving the alimony, it is necessary to request the account details and home address if the transfer will be made by bank or postal transfer. Perhaps and personal receipt money in hand, if the recipient is so convenient. All costs associated with transfers are borne by the payer.

How to determine the basis for calculating alimony?

The law provides for the payment of alimony not only from salaries, but also from other incomes. Let's consider what kind of income is meant. The list approved by government decree No. 841 of 18.07.1996 includes all types monetary reward, including additional earned at the main and combined workplace:

• salary, wage rate, percentage of sales, piecework wages and other forms of basic earnings;
• any allowances and surcharges, including regional and overtime;
• regular and periodic bonuses, annual bonuses;
• compensation for unused vacation;
• commissions, fees, payment under civil law contracts;
• the monetary equivalent of paid meals and travel to the place of work;
• income related to the performance of state, public duties, work in the election commission;
• pensions, scholarships, benefits;
• business and investment income;
• other types.

This list does not include such payments as a one-time bonus, all kinds of material assistance, severance pay upon dismissal, that is, not of a permanent or periodic nature. Alimony is not withheld from such income.

How to calculate the amount of child support?

The amount of alimony is calculated based on the terms of the agreement of the parties governing the procedure for monetary payments for the child, if any. In this case, the deduction as a percentage of income or in the form of a fixed amount must not be less than the norms established by law.

In the absence of a citizen's consent to the voluntary maintenance of his child, the issue is decided by the court. In general, the child support awarded for one minor is a quarter of the parent's income. How to calculate alimony for two children or more is determined by the court taking into account the financial situation of the parties and other circumstances. Usually a third of the income is allocated to support two children; for more minors - half. This share can be reduced by a court decision if there are compelling reasons or, if necessary, increased.

The upper level of deductions is no more than 70% of the alimony's earnings for deducting personal income tax already taking into account the costs of transferring funds. Such a limitation is established Labor Code RF (Article 138).

Alimony may be withheld and fixed amount... This possibility is provided for by the Family Code in cases where it is impossible to determine the share of the parent-alimony's earnings due to the absence or concealment of income, their irregularity, receipt of wages in kind or in foreign currency. The amount of payments is set taking into account the interests of the minor, if possible so as to maintain his usual level of security.

In some cases, alimony is paid in a combined form: part - in a fixed amount, the rest - depending on income.

How to calculate alimony from a non-working person - separate question... If in this moment the person obliged to pay alimony does not have a source of income, the court will calculate the amount of payments based on the average wage in the country. If a citizen is registered with the employment service, then he will pay alimony from unemployment benefits.

Lack of work does not negate the obligation to provide for minor children, therefore, all the time, while the unemployed avoids alimony, his “parental debt” will accumulate until it becomes possible to make payments.

Maintenance rules

If the withholding of alimony is made at the place of work of the payer, the employer is responsible for the correct calculation and timely transfer of payments to children.

So, the transfer of alimony to the recipient must be made within three days after the alimony receives the salary.

If the court determines a fixed amount of payments, the accounting department is obliged to index the deductions taking into account the growth of the established minimum wage.

The obligation of the organization to pay alimony ceases when the term of the agreement between the parents of the minor expires or upon the occurrence of the grounds provided for by its terms.

In case of judicial withholding of alimony, payments are stopped in the following cases:

• coming of age or recognition of early full legal capacity of a minor;
• adoption of a child by another person;
• death of the alimony or the person receiving support;
• when paying alimony not to children, but to disabled adult family members - restoration of working capacity, remarriage and other grounds that improve the financial situation of the person in need of assistance.

No other circumstances, for example, a change in the marital status of the alimony, the birth of other children, deterioration of material conditions can not be a reason for the accounting department to reduce or suspend the deduction of alimony. If desired, the payer can apply to the court to review the amount of payments in connection with the changed living conditions.

How to calculate child support for incomplete month, if it is necessary to stop collection on the grounds that appeared in the current period? For example, if a child has reached the age of majority, alimony in his favor is calculated for the period preceding his birthday (the day of the eighteenth birthday itself is not included in the calculation): salary cleared from personal income tax, calculated on the day of the event and multiplied by the established for this child share of retention.

The obligation to pay alimony arises from the moment of filing statement of claim to the court, but in case of untimely receipt of a writ of execution in the organization, arrears in payments are collected from the payer only within three years before the date of receipt of the decision or from the moment the employee is hired. This restriction is lifted if it is proven malicious evasion of payments, which is established in court.

When the alimony worker is dismissed, the employer is obliged to notify the recipient of payments and the judicial authorities about this fact within three days by sending the bailiffs a writ of execution with a cover letter indicating information about deductions, the amount of income of the resigned person. Failure to comply with this requirement may result in a fine.

Responsibility for violation of the procedure for collecting alimony

The accuracy and timeliness of penalties for the alimony of employees is checked by bailiffs by checking the employer. During the audit, financial, cash documents enterprises confirming the payment of salaries and the correctness of the calculation of the amounts of pay for children. If violations of the procedure for calculating alimony are revealed, the employer is brought to administrative responsibility.

The penalty in the event of an alimony debt due to the fault of the payer himself is recovered by a court decision. Malicious evasion of alimony payments also entails criminal liability(Criminal Code of the Russian Federation, Art.157).

One of the difficult moments of divorce is the determination of the amount of alimony for minor children. The amount or percentage for calculating alimony can be established not only by the court, but also by the former spouses themselves by their agreement. For the correct calculation of alimony in 2016, it is better to use our calculator. Read the instructions for working with the calculator and examples of calculations.

1. We fill in the columns with the necessary data:

• indicate the number of common minor children (children adopted by a spouse are also counted;
• we indicate the salary of the second parent in rubles without kopecks;
• indicate whether it is necessary to subtract from estimated amount Personal income tax (by general rule the amount of alimony is calculated from the amount remaining after withholding personal income tax);
• we indicate the amount of other income of the second parent in rubles without kopecks.

If you do not know from what income, in addition to wages, child support is calculated, we recommend that you click the "Details" link.

1. We get the result:

1. Editing the amounts:

If you want to change the data for the calculation, for the convenience of editing, you can use the "Clear" button, with one click of which you will delete all previously entered values ​​from the calculator.

An example of calculating alimony for 2 children:

You and your ex-spouse have two minor children, the salary of your ex-spouse is 30,000 rubles a month, there are no other incomes.

Enter the data, in the column "Subtract personal income tax" indicate "yes".

The result of calculating alimony for 2 children: 8,700 rubles.

If you know that 30,000 rubles is the net income of the second parent, after deducting all taxes, we indicate “no” in the column “Subtract personal income tax”.

The result of calculating alimony for 2 children: 10,000 rubles.

An example of calculating alimony for a non-working person in 2016:

You and your ex-spouse have one minor child. The spouse does not work, receives an unemployment benefit of 5,000 rubles a month, there is no information on other income. In the column "Subtract personal income tax" we indicate "no", since unemployment benefits are not taxed.

The result of calculating alimony from a non-working debtor per child: 1,250 rubles.

If you find an error, please select a piece of text and press Ctrl + Enter.

In 2019, the basic rules for calculating alimony established by the family have not changed. This procedure requires increased attention of the responsible persons.

Usually, parents think about how child support is charged after divorce or paternity. In Russia, the law requires former spouses to support their minor children. As a rule, the father pays child support in or in.

Dear Readers! The article talks about typical solutions legal issues but each case is different. If you want to know how solve your problem- contact a consultant:

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The parents have the right to determine the conditions and amount of the child's maintenance on their own by clause 1 of Art. 13 of the Family Code (SK RF). They can draw up an appropriate agreement or go to court.

Legal grounds

According to the legislation of the Russian Federation, alimony is recognized as payments in cash or in kind for the maintenance of a child under 18 years old... They are produced during divorce by one spouse to the other.

These sums can be paid by children who have reached the age of majority to their disabled parents. More often, it means deductions from one parent to another or to a minor child.

Alimony is charged on the basis of Art. 82 SK RF. It describes the types of income from which the child support is withheld. The types and methods of obtaining income for the calculation of alimony are specified in Resolution No. 841 of July 18, 1996 (hereinafter referred to as the Resolution).

The collection of maintenance payments by the responsible body is regulated by the Law "On Enforcement Proceedings" No. 229-FZ dated 02.10.2007.

Possible situations

If the parent obliged to pay alimony does not have official income, the court will calculate the alimony from the minimum wage. In 2019, it is equal to 7,500 rubles. From this figure are taken established by law percentages depending on the number of children.

In special cases: irregular income or its absence, salary in foreign currency, the court may charge alimony in a fixed amount. It is paid monthly. Alimony payments are allowed to be compensated by movable property and real estate.

The court has the right to adjust the amount of payments for the maintenance of children: both increase and decrease them. Such decisions are influenced by many factors: the marital and financial situation of the parties, the presence of the defendant's other dependents, and other important circumstances.

the main task judicial authority when calculating alimony - to provide the child with the same level of maintenance that took place in a complete family.

When drawing up a contract for alimony, it is necessary to prescribe the rules for their indexation. Otherwise, it will be held in accordance with the requirements of Art. 117 of the RF IC. It says that the content increases in proportion to growth in the constituent entity of the Russian Federation where the recipient lives. If such is not defined, then it is relative to the all-Russian minimum.

If the agreement does not provide for indexing, it is still performed according to the above rules, alimony established by a court decision is indexed in the same way

How child support is calculated from income

Alimony for a child can be established by an agreement between his parents. The sides determine their size independently. It should not be lower than the payments that would have been assigned in the course of the trial.

When establishing alimony obligations by the court, the following rules apply:

From which debts are collected

The basis for calculating alimony is the following types of income:

• salary of all kinds;
• additional payments for hours worked;
• allowances, subsidies to the salary (for class, length of service, etc.);
• and rewards;
• vacation pay;
• scholarships;
• unemployment benefits, sick leave etc.;
• profit from entrepreneurial activity;
• amounts from the conclusion of civil agreements.

That don't count

Alimony payments are prohibited from certain types of income.

These include:

• amounts paid as compensation for harm to health;
• money paid by the employer for injuries received in the performance of official functions;
• compensatory payments: after industrial accidents, caring for a disabled relative, etc .;
• income from business trips;
• reimbursement of instrument depreciation;
• pension at the death of a breadwinner;
• humanitarian aid.

From the unemployed

A non-working citizen is obliged to pay alimony (clause 2 of the Resolution). V this case the basis for the calculation is the unemployed person's allowance.

The amount of payments is the same percentage as when they are charged from the salary.

With SP

For a positive verdict, you can resort to the services of experienced lawyers with practical experience in similar cases.

It is convenient to consider the process of reducing the size of alimony payments at specific example... The father, who has a offspring from the first union, remarried and gave birth to a second baby.

The procedure will be as follows:

1. First, you need to formalize the obligation to pay alimony for the second child. For this, a notarized agreement between the spouses is drawn up. At the request of the wife, you can get judgment on the purpose of the content. In this case, the basis of the claim will be that the husband does not provide the child with the necessary maintenance. To obtain an order, the legal spouse appeals to the magistrate at the place of residence of her husband or her own. The application is submitted in accordance with the generally accepted procedure for the appointment of alimony. If the family does not experience any financial difficulties, to establish alimony obligations in a claim, you should write the opposite.
2. Five days after the date of the visit, the court issues an order.
3. Sometimes, after examining the application, the courts assign alimony payments for one child. This happens if, for example, the first content is installed in another city. Having received the order, the payer must apply to the magistrate at the place of residence of the former spouse with an application for a reduction in the size financial support the first child or to correct or terminate a previously concluded alimony agreement.

The claim should include the required information:

• name of the court, persons involved in the case, their addresses;
• confirmation of the violation of the payer's rights, factors and evidence;
• conditions and calculation of the amount of alimony;
• list of supporting documents;
• other data.

It is not known how long the court session will last, whether the case will be postponed, what the court will decide. There is no uniform experience in considering such cases. There are a number of problems. For example, the court will consider the arguments of the defendant unconvincing or the mother of the first child will categorically disagree with the reduction in the amount of alimony.

Why do you need a payment order

Alimentary payment order is a document by which funds are transferred to the account of their recipient. To draw it up correctly, you need to have with you all the papers related to this issue: an executive document, a court decision, an agreement of the former spouses certified by a notary.

The main rules for processing a payment order should be highlighted:

1. Indicate:
   • FULL NAME. payer;
   • number of the executive document or order;
   • the term for which the money is transferred;
   • payment amount;
   • account and other details of the recipient.
2. The order of payment must be equal to one.
3. When transferring the content to a bank account in the payment order, you must specify the information:
   • the amount of the payer's earnings;
   • number of days worked;
   • Personal income tax;
   • the balance of the debt;
   • amount and percentage of retention;
   • Payer's TIN, if available.
4. Alimony is paid no later than three days from the date of payment of wages to the employee. If this period is violated, the recipient has the right to demand payment of a forfeit.

From which moment

In the presence of arrears or refusal to pay alimony, the question of when they begin to be calculated becomes important. Many believe that obligations arise from the date of the visit of the bailiffs with the order. This is not true. They are charged from the moment the plaintiff goes to court.

Many women file two applications at the same time: for divorce and for alimony. Sometimes the second is made out later. For example, if the ex-spouse gave money to provide for the offspring without coercion, and later stopped.

The following information is indicated in the alimony claim:

• personal information about the parties to the conflict and the child;
• the estimated amount and frequency of payments;
• nature of payment: a fixed amount or a percentage of earnings;
• from what day the payer stopped giving money;
• details for transferring amounts;
• other important information: data on the debtor's earnings, other income, property, etc.

The application will be registered with the office. After that, alimony begins to be charged.

Judges consider such claims as a matter of priority, and if two applications are submitted at the same time, then the parties are given a month for possible reconciliation.

Having received a copy or an extract from the court decision, the recipient has the right:

There are the following misconceptions that the date of the beginning of the calculation of alimony is the day:

• a court decision;
• divorce;
• acceptance of papers by bailiffs;
• receipt by the payer of a notification or letter.

According to Art. 107 of the RF IC, alimony is charged from the date of registration of the application in the judicial department, that is, its registration in the office. All of the above events do not affect the beginning of the accrual of payments.

According to the legislation of the Russian Federation, alimony is allowed to be collected for earlier periods. To do this, it is necessary to prove that the plaintiff was trying with all his might to get the due amounts from the defendant.

The limitation period is three years.

There are three nuances to consider:

• The three-year deadline is when the initial claim is filed. If there is already a court decision, and the debtor did not pay the established amounts, then the collection covers the entire period of non-payment, including penalties and fines.
• The plaintiff must prove that he used all the methods for the defendant to pay the alimony voluntarily. For example, attach copies of correspondence with requests to pay off debts.
• If the woman received the court decision, but for some reason did not apply to the bailiffs, or the defendant, or his employer, then she does not act. The recipient with a court document can apply for the purpose of payments at any time, even through 10 years after the court has rendered a decision.

Families break up and this is a fact; this fate will not escape the spouses who have common children. Divorce is a nervous procedure that takes time and effort. Especially when it comes to the appointment of alimony. The problem of calculating such monetary support, which is intended for persons under the age of majority, is faced by most couples who have decided to leave. The calculation of the amount that the payer will be obliged to transfer to the recipient's account on a monthly basis is carried out in accordance with the current regulations. Difficulties arise. It is necessary to carry out the calculation of alimony accurately and correctly. How to do this without committing violations? Our article will help you understand how payroll calculations are carried out.

Number of common minor children:	1 2 3 or more
Second parent's salary:	rub. Error
Subtract personal income tax from salary:	Yes No
Other income of the second parent:	rub. Error

Calculation under a voluntary agreement

Power structures are aware of the need of former spouses for support from the Government. A project is now being considered that will help parents in discussing and deciding on alimony. Legislative act provides for a minimum amount of alimony. This indicator will be in direct proportion to the size of the subsistence minimum, which operates in the regions of the country. Let's see what will happen next. In the meantime, it is necessary to consider the favorable situation that develops between the payer and the recipient. This is an agreement concluded. The presence of such a document issued on voluntary basis and certified by a notary, is welcome. In it, the parents indicate the amount of alimony, the term of payments, conditions.

When calculating financial assistance to a child under 18 years of age, it must be borne in mind that the amount cannot be less than the value that a minor could count on when the alimony recipient applies to the court.

The alimony agreement concluded between the parties is intended to regulate the relationship between the recipient of funds and the payer. Based on the provisions of the current legislation, cash assistance can be calculated in one of the following ways:

• hard currency (fixed amount);
• share of the profit (income) of the payer;
• lump sum payment in a fixed amount;
• provision of any property;
• other methods that are reflected in the agreement.

The law provides for the following rule: the person in charge must pay 25% of earnings monthly if the daughter or son is alone; 33% of earnings if the family has two children; 50% of their income, if there are three or more minors to whom the maintenance is intended. Based on these conditions, an agreement on financial assistance is concluded.

Calculation when withholding alimony through the court

The appointment of alimony by going to court is not uncommon. Such a procedure is necessary when the parties (payer and recipient of cash assistance) cannot come to a common decision and conclude an agreement certified by a notary.

Calculation of alimony through the court is as follows:

• monthly the spouse must transfer 50% of the salary for the maintenance of three children; 33% for two minors; 25% for one child;
• with absence official salary a person who is obliged to transfer alimony is obliged to pay maintenance based on the current minimum wage ( minimum size wages). The calculation is carried out in the same shares as indicated above;
• if the payer has irregular earnings / its complete absence or he makes a profit in another currency (not rubles), then the calculation of the payment for minor child installed in a fixed size. In a fixed amount, the alimony is obliged to transfer funds on a monthly basis.

The legislation provides for the payment of alimony at the expense of real estate and movable property... The size of the content can be increased or decreased by the court. This happens if the judge takes into account the material or marital status of the parties, the presence of children who were born in another marriage, and other important circumstances.

When you need to calculate the arrears of alimony payments, the average wage is taken into account. Based current regulations, debt is determined taking into account the following indicators:

• the size, which is determined in the court decision;
• the share of the salary and other income of the alimony (the period is taken during which there were no payments);
• the size that is established by the agreement.

Index average salary by country is another parameter that is taken into account. It will be required if the payer was not officially employed, unable to confirm his profit. The Federal Law "On Enforcement Proceedings" and the Family Code of Russia are two legal acts that guide the calculation of the alimony debt.

Calculation depending on the payroll system

To make it clear to you how the calculation of the alimony debt is carried out, it is necessary to give several examples that will clearly demonstrate the calculations. If payments are assigned in a fixed amount, then specialists take into account the needs of the child, providing the minor with everything necessary for life.

When calculating monthly alimony as a percentage, there are two methods:

• from the payer's salary. For example, salary. the alimony is 30,000 rubles. As a result, for one child he has to transfer 7,500 rubles monthly, for two 9,900 rubles, but 15,000 rubles for three;
• from the minimum wage. Let's take a figure of 6,000 rubles. As a result, the payer makes payments of 1,500 rubles, 2,000 rubles, 3,000 rubles. respectively.

Article 117 of the RF IC provides for the indexation of alimony. The change in payments is carried out in proportion to the increase in the subsistence level (indicators are taken depending on the subject where the recipient lives). Content indexing - required condition... Therefore, the parties, when entering into an agreement, should take into account such changes.

Income upon receipt of which alimony is paid

Financial assistance, which is directed to the maintenance of a minor, must be carried out in a timely manner and in full. The alimony payer has no right to hide his earnings and profits.

For the calculation of alimony, the following types of income are taken into account:

• wages and other benefits;
• payments for additional hours worked;
• vacation pay, pensions, bonuses, scholarships;
• additional payments for class and seniority;
• benefits (disability, unemployment);
• funds received as a result of the conclusion of a civil contract.

Withholding alimony payments is impossible with humanitarian aid, travel expenses, money received due to wear and tear of equipment or tools (property of the payer). Also, incomes are not taken into account, which are compensation payments, in cash received in connection with the loss of the breadwinner. The amounts that the alimony receives related to compensation for harm caused to health or money assigned as a result of injury (he performed work duties) cannot be subject to the calculation of alimony.

Payment of cash assistance to a minor

By law, the payment of alimony can be made on the basis of one of three documents.

• The first option is a special agreement that has the legal force of a writ of execution, it is concluded by the spouses (including the former). This documentation is needed in mandatory certified by a notary.
• The second option is court order... From the name it becomes clear that the document is issued in court. In this case enforcement proceedings not conducted, since the obligation of the alimony to transfer payments is unconditional. For example, an agreement has been concluded between the spouses, but the payer does not make payments in a timely manner for an unjustified reason.
• The third option is a writ of execution. It is drawn up by the court after an appropriate decision was made to satisfy the claim for the recovery of financial assistance.

Calculation of alimony is a task, the solution of which is not as difficult as it seems. The main thing is to comply with the requirements that are noted in the Family Code of Russia. If necessary, you can seek qualified help from a lawyer. Support from an experienced specialist will also be required at the stage of drafting and concluding an agreement on the payment of alimony. If you draw up this document in accordance with all the rules and with the consent of the parties (payer and recipient), then many problems can be avoided.