How much interest is withheld from an employee in order to pay alimony from wages is the most pressing issue in the segment of family legal relations. In the Russian Federation, interest and, accordingly, their withholding are fixed, and their calculation in practice is a formality. The legislation considers the content of Article 81 of the Family Code as an operational norm that is not subject to possible change... Therefore, payments from the employee's salary are calculated in fixed amounts. The maximum possible amounts, as well as the mechanisms for withholding payments for children, will be discussed below.
How is alimony calculated from a salary?
You should be aware that the calculation of deductions for children is made only from the official part of the salary received. If an employee receives the due salary in an envelope, then the calculation in this case will be impossible, and provided size deductions for children will be charged in a specific amount, not as a percentage. In the event that the income is official and fixed, and the employee's salary goes through all necessary documents, the amount of deduction, as well as the estimated payments will be calculated in accordance with the content.
In this case, we are talking about a fixed interest that should be paid. average salary it will not play a special role here, because the spouse will pay a percentage of any income received without possible restrictions. In a certain situation, the obligation to timely withhold money for children rests with the formal employer. Calculating the final amount for the due payments is quite simple: in this case, you need to know the exact number of potential recipients.
Average salary for calculating alimony in 2018
As already noted, the average wage for a rough calculation of child retention will not make any difference, because minimum size alimony should be paid absolutely from any income. Next, it will tell you exactly how to calculate the fixed amount of alimony, depending on the number of potential recipients, and what maximum size alimony can be claimed in relation to a spouse.
What percentage of salary is child support?
For reference, we note that deductions for children do not formally have any limit values, so they may not be at all the percentages indicated in Article 81. But if a parent pays for one child, then regardless of the payment mechanism and the circumstances preceding such payments, the minimum size must be 25%... It turns out that the spouse must make payments in the amount of the 4th part of the official income he receives.
In practice, the court may increase this amount to the required amount on the basis that children need additional financial support, and the payments prescribed in the law will not be enough for them for normal life. Much less often the amount is subject to reduction.
How much percent of salary is withheld for 2 children?
The percentage of retention for two children is indicated in the analyzed article of the Family Code. In this case payments cannot be less than 33%, even if the bailiffs are engaged in their collection. The resulting debt and any contingent debt on the alimony paid imply accruals to the amount of 1% forfeit, but this is done only if the collection takes place in judicial procedure.
Maximum percentage of alimony from salary
As already noted, the values indicated in the analyzed article are formal, and therefore, after the interested person submits an application, they can be increased. But for this it will be necessary to prove that the standard percentage is not enough for the maintenance of children. How much will be added to the standard values is decided in each case by the territorial court. But if we turn to the position of the law, then the maximum amount is exactly half of the official earnings received.
How to properly withhold alimony from your salary?
First you need to know exactly how many full percentages approved by the court to be withheld. For example, if it is 25%, then the received wages are given to the employee already with the deduction of this value. The fixed amount is transferred to the personal account of the FSSP, whose employees then transfer this amount to the destination. To carry out such actions, as well as to legalize withholding, the employer must have at his disposal a writ of execution, which indicates exactly how much full percent he can withhold.
After the termination of the marriage relationship, one of the former spouses is responsible for the maintenance of common children, which is called "the payment of alimony." This issue can be resolved in court or peacefully - by drawing up an agreement. Wherein last document must be certified by a notary. As a rule, parental payments for child support are alimony for 1 child. How many percent they will be, only the court can decide. By law, they must be at least one fourth of the salary or other income of a parent who does not live with his child. But in the event that a citizen has other children and pays funds for their maintenance, the amount of alimony can be reduced.
The main
A woman who is left alone with a child after her husband leaves, always wonders how to get payments for the maintenance of her baby from her ex-spouse. Because many of the stronger sex, leaving the other 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 support their children, and if they do not do this, then the money is collected from them through the courts. In this case, payments to ensure normal conditions for the life and development of a minor is alimony for 1 child. How many percent they will be - only decides Judicial authority... By law, this is one fourth of the earnings of the parent who left his family. In some cases, this amount of payments can be reduced based on the financial and marital status of the citizen.
How to arrange
The payment of a parent's funds to ensure the life of his baby, who lives with another spouse, is alimony for 1 child. How many percent they will be, can only be decided by the court, having studied all the circumstances of the civil case. By general rule this is one fourth of salary or other income.
In order to issue alimony, one of the parents with whom the child lives must apply to the court at his place of residence or at the address of the defendant's registration. Samples of drawing up statements in this authority are already available. Therefore, you can write everything right there, having previously clarified all the information with the court secretary or the bailiff. You need to take with you only documents confirming the fact of the child's relationship with the person from whom you need to collect alimony. These include:
Baby's birth certificate;
A document on the registration of marriage relations;
Paternity certificate (if the marriage was not registered);
Certificate from the plaintiff's place of residence about the child's residence with him (take it from the passport office);
Copies of all specified documents for the defendant.
What's better
Most often, funds for providing for a minor - alimony for 1 child (how many percent they will be, will be determined by the court) - are collected from the father or mother by issuing a court order. To do this, you just need to draw up a statement and give it to the secretary. Within five days after that, the order for the recovery of alimony will be ready. In this case, the court session is not held. With this document, the recoverer can apply directly to the head of the organization where the debtor carries out his official activities. If the place of work of the latter is unknown, then you need to go to the bailiffs.
Also, the collection of funds for the maintenance of children can be carried out in the order of action. In this case, both parties to the dispute are invited to the court and a decision is made, after which a writ of execution is issued to the claimant. The parent can dispose of it at its discretion, give it to work in the bailiff service or keep it if the debtor decided to pay the money voluntarily. It should be noted here that this document can be presented for compulsory execution during the entire period of its validity, that is, until the child reaches 18 years of age.
Definition and size
This is also where family law comes in. Art. 81 of which states that the maintenance of one child accounts for one fourth of a parent's earnings or other income. Accordingly, if a citizen has a good and stable job, then the payments will be decent. But it may also be the other way around. 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 have never transferred funds to provide for their own children and are now serving a sentence! And even the tightening of the law cannot correct this situation.
Agreement between two parents
If the former spouses want to resolve the issue of maintaining the child peacefully, then in this case they need to draw up an agreement. This document is an agreement in which the parents describe the conditions for payment and the amount of alimony for 1 child, as well as the responsibility for their failure. In addition, the amount specified in the agreement can be fixed and gradually indexed to reflect price increases. If the parent has a decent income and stable income, then in the contract you can specify only the percentage of alimony for 1 child. This is usually done by very wealthy people.
You should never forget that the agreement on the payment of alimony must be notarized, otherwise it will not be valid writ of execution.
In solid sum
This applies to those cases when a citizen who is obliged to pay funds to provide for a child has a variable income or does not work at all. It should also be noted that the alimony in a fixed amount of money can be appointed taking into account the material and family situation of a person. As a rule, the court determines them depending on the size living wage or equal to it. This is necessary in order to provide the child with a normal standard of living and development.
The change
Many citizens of our country are interested in the question of how many percent are alimony for 1 child? This is especially true when one of the parents lives with the baby and tries to buy all the essentials for him, but there is not enough money, and the second does not deny himself anything, has a business and property, but at the same time hides his real income ... In this case, you can apply to the judicial authority with a statement to increase the amount of alimony. In this case, it is necessary to provide evidence (preferably written) that the person really has large financial capacity, but for some reason does not want to pay one quarter of their real income. If the applicant bases his position only on words or testimony, then the court is unlikely to satisfy his demands.
Multiple jobs
In this case, the payers themselves are interested in the question of the maintenance of children and how much interest to pay? Alimony for 1 child is paid by a citizen from a salary or other income in the amount of one quarter of the total amount of funds. Moreover, if the debtor has several jobs (works at two enterprises), then the money to provide the baby must be paid in several executive documents... As a rule, the interests of the minor are not violated in this case.
Sanctions
It is also necessary to address here the question of what threatens those who deliberately evade payment Money for the maintenance of their children? As a rule, they are held accountable. Art. 157 of the Atrocities Code states that the punishment here can even reach 1 year in isolation from society. Nevertheless, even tougher sanctions cannot help cope with non-payers of alimony.
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 has not been registered? The main thing here is that in the birth document in the father column, the details of the latter are entered. In their absence, a woman will not be able to receive alimony even from her former "civilian" husband. Because she will be considered a single mother. In this case, it will be necessary to prove in court that the father of her child is exactly the person whom she considers to be such. For this, it will even be necessary to conduct an examination of the establishment of paternity. Also at the trial, the court takes into account the testimony of witnesses and joint photographs, where the alleged father of the child is depicted with his mother. Only if the fact of consanguinity between the baby and the citizen is proven, the woman will be able to apply for the recovery of alimony from the last.
Minimum Payouts
As a rule, not all debtors want to transfer a quarter of their income to provide for their own children. This is most often due to the fact that the salary level of the latter is not high enough, and they also need to subsist on something. Nevertheless, the law does not provide for the minimum amount of alimony. 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 the salary of the parent who is obliged to pay alimony. For 1 child (2016), their size is determined based on the percentage.
What is the percentage of alimony from the salary?
In Art. 81 "Family Code Russian Federation"Dated December 29, 1995 for N 223-FZ (in the" fresh "edition of December 29, 2017) the following amounts withheld for minor children are indicated:
- ¼ (i.e. 25%) of earnings per child;
- 1/3 (i.e. 33%) for 2 children;
- ½ (50%) for 3 or more.
The size of the shares can either be increased or decreased by the court. When making a decision, take into account the marital status of the parties, material well-being, features of the physical condition, as well as other circumstances.
Parents can decide everything "peacefully" and draw up an agreement on the payment of alimony (+ notarize it). The document can provide 26%, 33%, 27%, 35%, 38% or any other share.
You can also install fixed amount, which is tied to the living wage budget and indexed. You can choose fix +%.
The amount of alimony for former spouses, as well as for the maintenance of disabled parents is not fixed.
In each case, the court considers a specific situation, takes into account the position of the parties, and on the basis of this makes a decision.
In the instructions, we will analyze what percentage of the salary goes to alimony for the maintenance of 1 child, 2, 3, 4 or more children.
Traditionally, it is believed that funds are collected from the salary. For example, Ivanov has 20,000 rubles, of which 25% will be withheld for 1 child.
It turns out that Ivanov must pay (20,000 - the standard tax deduction) * 25%. But it's not that simple.
Salary - only 1 of the sources from which they withdraw%.
Decree of the Government of the Russian Federation of July 18, 1996 No. 841 "On the list of types of wages and other income from which alimony for minor children is withheld" (with all subsequent amendments and additions) contains a list of incomes from which alimony can be deducted.
It indicates that contributions are calculated both from the main job and part-time.
The percentage is deducted both from income in monetary amounts (Russian rubles or foreign currency) and from income received in kind (sausages, kefir, fruits, meat, and so on).
Alimony is calculated and credited from:
The legislation protects children, therefore, it involves payments from almost any income received by the parent. But there are also exceptions.
You will find a complete list in article 101 "Types of income that cannot be levied" of the Federal Law "On Enforcement Proceedings".
The norm contains dozens of points, including:
There is a gap in the legislation that is difficult to deal with. These are the so-called "gray wages in envelopes", which cannot be taken into account (and which are not subject to mandatory contributions).
For example, in January 2019, Shchukin officially received 10,000 rubles, but another 40,000 rubles were brought to him in an "envelope". Payments for child support will be calculated only from 10,000.
They stop paying money when:
The first question that worries parents: "Is alimony calculated from a clean or dirty salary?" Payments for a child are accrued only on the “net” salary, ie. the one with which personal income tax was paid.
In the instructions, we will analyze with examples how the calculation is carried out, which formulas are used.
If a person works officially, then everything is done for him. A writ of execution (or agreement) with an indication of necessary information, and the salary accrual specialist makes deductions.
The standard formula looks like this: (the amount of accrued salary - (the amount of accrued wages - standard deduction) * 13%)) *% alimony = net salary *%.
Tax Code of the Russian Federation contains article 218 "Standard tax deductions". It indicates the amounts that are deducted from the salary before the "withdrawal" of personal income tax.
For example, Pimenov has 1 child, and our hero is divorced from his wife. The court established 25% of the monthly salary. In March 2019, Pimenov was charged 30,000 rubles "dirty", the standard tax deduction for 1 child was 1,400 rubles.
(amount of accrued salary - (amount of accrued wages - standard deduction) * 13%)) *% alimony = net wages *%. = (30,000 - (30,000 - 1,400 rubles) * 13%)) * 25% = (28,600 * 13%) * 25% = (30,000 - 3,718) * 25% = 26,282 * 25% = 6 570.5 rubles.
If the formula seems complicated, then it can be "decomposed" into simple components:
What if our Pimenov has 20,000 vacation pay in March 2019? Alimony will also be deducted from this amount.
The calculation is the same as in the example above: (amount of accrued salary - (amount of accrued wages - standard deduction) * 13%)) *% alimony = net wages *%:
For March 2019, our employee will transfer money from both salary and vacation pay. It turns out 6,750.5 + 4,395.5 = 11,146 rubles.
If the salary is more than 350,000 rubles, then the standard deduction is not used! We simply multiply the amount by 13%, find out the net salary and multiply it by 25%.
For example, Goose has 400,000 salary. The net salary will amount to 400,000 - (400,000 * 13%) = 400,000 - 52,000 = 348,000. From the "net" 348,000 and 25% is withdrawn per child. It will be 348,000 * 25% = 87,000.
The scheme is the same, but they take not 25%, but 33% (unless a different amount is established by the court or agreement).
These 33% are calculated with the real, i.e. "Clean" or "naked" salary. Only tax deductions are changed (for 1 child 1,400 + for the second 1,400).
Calculation of the amount of alimony with a "clean" salary
For example, Losev received 40,000 rubles clean in April 2019. The man has 2 minor children, whom he is obliged to support (but they are divorced from his wife).
According to the writ of execution, Losev must deduct 33% of the salary. He will spend 40,000 * 33% = 13,200 rubles for alimony.
The scheme is the same, but we will have to calculate the personal income tax ourselves and see the standard deductions:
It is these 14,475.12 rubles that Losev will transfer to his ex-wife for the maintenance of minor children.
A court or agreement may establish not 33%, but 38%, 40%, 43% or any others. A fixed amount can also be prescribed (tied to the budget of the living wage).
The maximum percentage of deduction is prescribed in article 99 "The amount of deduction from wages and other income of the debtor and the procedure for calculating it" of the Federal Law "On Enforcement Proceedings". It is indicated that% cannot be more than 70%.
How to calculate child support for 3 children or 4 children
As a rule, the amount to be transferred is 50% or more (you can agree on others). Funds are withdrawn from the net salary.
In February 2019, Enotov received a net 40,000 rubles. He has 4 children with Ivanova (from whom he is divorced).
The court established that a citizen is obliged to give 50% of earnings and other income. Raccoons must transfer 40,000 * 50% = 20,000 rubles.
Calculation of alimony from "dirty" (accrued) wages
The bottom line is that you yourself will have to "minus" personal income tax. The circuit is the same as in the above cases. The difference is that there are more deductions.
In January 2019, Koshkin was credited with "dirty" 100,000 rubles. He has 4 children, and his wife is divorced.
How to calculate child support:
It is these 44,072 rubles that Koshkin will transfer to his ex-wife for the maintenance of minor children.
If there are children from different marriages, then the parents have the right to apply for a reduction in the amount of payments. The final decision is made by the court.
There are situations when the salary is reduced from 60 percent to 59%, 58%, 55%. But it all depends on the position of the parties.
Additionally (separately) money can be paid for the maintenance of the wife on maternity leave. The size is set in each case individually.
You can also enter into a payment agreement. What is the percentage of alimony for the wife on maternity leave? As a rule, about 10-30% of the salary.
What if they do not pay, and you have a debt? The RF IC contains Art. 115 "Responsibility for late payment of alimony", which prescribes the sanctions:
- If the size is set in the agreement, read it. Penalty payments, penalties, penalties may be indicated there.
- If% was established by the court, you can demand a forfeit. Its size is ½% of the amount of unpaid alimony for 1 day of delay. Additionally, you can recover damages caused by untimely performance of obligations (but they will have to be proven). You do not need to pay alimony tax.
Now you know how funds for the maintenance of children or ex-wife are calculated and paid.
Most often, the courts prescribe alimony exactly as a percentage of the salary. This is the easiest and most convenient option for all parties. Moreover, this option is much easier to control, which is a big plus. In this article, you will find out how much child support needs to be paid in 2019.
Here's how the percentage for payments will change:
- if the debtor has;
- if a ;
- at.
If one of the parties disagrees, then their claims and evidence will need to be submitted to court session... You also need to remember that the court can assign additional payments, if necessary.
Apart from this, there are a number of reasons why. Here is some of them:
- injury or illness in the defendant;
- declining income levels;
- : and in this case, it is possible to establish the size of payments in a fixed amount;
- the appearance of new children in the defendant's family;
- the appointment of additional alimony for other family members, for example, for parents.
What income can be collected
Our legislation seriously follows all the rules and regulations that are established in the Family Code. For this reason, the parent charged with the obligation to make payments must do so with all of his or her income.
Let's list some of them:
- all income from wages;
- any bonuses and additional incentives at work;
- money;
- income from or from that provided by the employer;
- any income from securities;
- income from renting out your property;
- monetary funds from pension;
- scholarships if a parent is studying.
How to get a
There are two possible options for registration:
- The simplest and the best solution is the solution to this problem. To do this, both parties must draw up, in which they will need to indicate the amount and order of payments. After that, the agreement must be taken to a notary and certified. Only then will it be legally binding.
- The second option is more complicated. With this method, alimony is collected forcibly with the help of bailiffs. But first, you will need to go to court with a statement of claim.
What should be in the statement of claim
If you are filing a claim, then you will definitely need to indicate all the data about the child and parents. Also indicate if you live in this moment with a second spouse or not. List all the expenses that you have during the month. It will be great if you can document everything. To do this, you need to attach copies of the checks to the statement of claim.
The application can be submitted to the magistrate's court. Do not forget to indicate in the application how many children the defendant has. Here you will need to register what percentage of his income you are counting on.
Here is a short summary that must be attached to your application:
- birth certificate of a son or daughter;
- a certificate confirming the conclusion or dissolution of marriage;
- copies of passports;
- copies of documents on expenses, sales receipts.
If other documents are needed, they will definitely say this at the hearing.
Questions and answers
Catherine
Good day. My husband recently said that he wants to divorce me. He also said that he wants to take our son after the divorce. Him good job, earns more than me. He says that the judge will definitely leave him with him. I do not believe in this. I want to keep my son with me. In addition, I want to file a support claim. How much percent of his salary will he have to pay?
Answer
In your situation, the judge will leave your son with you. There is a large arbitrage practice by divorce, children are almost always left with their mother. Be sure to serve alimony. If your husband no longer has children, then the amount of alimony will be 25% of his salary.
Anna
Hello. My husband has two daughters from a previous marriage. He and I also had a daughter recently. Now my husband wants to file for divorce. I know that he pays child support for children from a previous marriage. 33% of his salary is removed. Tell me, if after the divorce I file for alimony for our daughter, how much percent of the salary will be deducted from my husband?
Answer
For three children, the husband will have to give half of all his income. This amount will be divided equally for all children. Alimony is paid monthly. The bailiffs will have to calculate the exact amount.
Olesya
Tell me, what amount of alimony will be collected from the ex-spouse for one son? The child's mother is a student, does not work anywhere.
Answer
According to our laws, ¼ of the income of the ex-spouse will be collected. In addition, the son has not yet turned three years old, he can collect alimony for the maintenance of the mother. The exact size will be established at the hearing.
Andrew
Help me find out what amount of alimony I will have to pay for two children if my salary is 60,000 rubles?
Answer
The amount of alimony in your case is set at 33% of all income. From the specified salary, the amount is 20,000 rubles.
Natalia
My husband has a son from his first marriage. He pays alimony for him in the amount of 25% of his salary. Now he is married to me, our daughter was born recently. I also have another child, but he does not have a father. Even in the birth certificate, I did not indicate anyone. Can I file child support for my husband now? How much percent of his salary will be charged?
Answer
Alimony can only be collected for children of their own kind. You can file a claim in court to collect child support from your daughter. It turns out that the husband will have to make payments for children from the first and second marriage. By Russian legislation, the amount of alimony for two children is 33%.
Svetlana
One man and I registered a marriage about a year ago. Two months ago he and I had a baby girl. The husband is not interested in the child at all. After work, it is not known where he walks, the child practically does not buy anything and does not help in any way. Is it possible to recover child support from him without divorce? If possible, will he have to pay?
Answer
Yes, you can file for child support. The amount of alimony for one child is 25% of the spouse's income.
The issue of paying alimony is relevant for many single-parent families, because in Russia 13% of fathers and about 2% of mothers of minor children are alimony payers. Of course, many are interested in how many percent of alimony for 1 child is today.
Most people have heard that the statutory norm is a quarter of the payer's income, but by no means in all cases the alimentary liable pays exactly this share of the income. In this article, we will figure out what percentage of the salary is alimony actually.
How is the amount of support for 1 child determined?
According to the provisions of the RF IC, the specifics of the procedure for collecting maintenance payments depends on the method of collection. There are two of them: a voluntary written agreement between the parents of the child or filing a statement of claim for the enforced retention of alimony to the court. Despite the fact that the result of both methods is the same - the payment of funds for the maintenance of the child - the difference between these methods is significant.
The amount of alimony under the alimony agreement
In a situation where parents can agree among themselves on the material support of the child, the law provides for the possibility of concluding an alimony agreement and notarizing it. This agreement prescribes the entire procedure according to which the alimony will be calculated and paid: their size, form, frequency of payments and the way in which they will be deducted.
All terms of the agreement are reached by mutual agreement. The only requirement that the legislation imposes on this document: the volume of regular cash payments should not be lower than the level established by law.
The amount of alimony by a court decision
If it is impossible to reach an agreement between the parents of the child, alimony is collected through the court by the parent with whom the child lives. In this case, the date from which the alimony sums will be calculated is the date the claim was filed with the court. When recovering in this way, the percentage of alimony for one child will depend on the way the defendant earns income.
When drawing up statement of claim the collection must be indicated in its text:
- The correct name and details of the court to which the plaintiff is submitting the application.
- Information about the plaintiff and the defendant (full name, passport details, contact details, information about residence and places of employment).
- Link to the article of the Family Code of the Russian Federation, the requirements of which have been violated to the detriment of the rights of the child.
- Requirements according to which the amount to be recovered must be withheld from salary and other income. Among them, the amount of the required amount, the method of accrual and the frequency with which the claimant will receive it, must be indicated.
- The list of documents that are attached to the application in support of the requirements (attachments). These include: birth certificates of a child, marriage and divorce certificates, copies of the parties' passports; documents confirming the income of the plaintiff and the defendant and the costs of maintaining the child; a certificate of the composition of the family from the place of residence, as well as other documents that will help convince the court to fully satisfy the claims of the plaintiff.
Attention! Despite the fact that the law establishes the minimum amount of payments, in each individual case the court sets it depending on the income and expenses of the parties and on other circumstances affecting the decision of the case.
The method of obtaining income by the defendant is decisive for the method of collection and, accordingly, determining what percentage of the alimony salary will be in this case:
- percentage of earnings;
- hard fixed amount;
- mixed amount;
- other forms (property of the defendant - if he has no other income, or products of natural production - if income is obtained through farming).
Thus, depending on how the defendant ensures his material well-being, it depends on what form of recovery the court will appoint.
The statement of claim on the initiation of enforcement proceedings can be downloaded
What is the minimum amount of support for one child?
As mentioned above, what percentage of child support from the salary is spelled out in the law - for one child it is 25%. However, judicial practice knows many cases when the payment of alimony payments is reduced due to the fact that the defendant has other dependents on the maintenance. For example, if he is already a payer of alimony for other children or a child is born in a family out of wedlock with established paternity, and he also needs to be officially provided.
In such cases - when the recipients are two or three children from different marriages - the court takes into account the family and material condition of the defendant, and the decrease in the share of his payments can be adjusted to 1/6 of the payer's income.
At the same time, the amount that must be regularly withheld for the maintenance of the child can not only be reduced by the court from the minimum established by law, but also increased. This is possible if the claimant presents to the court evidence of a special life situation requiring increased alimony. This can be a disease of the child or his parent with whom he lives, disability, the need for special care for the child.
In such situations, if the second parent does not provide material assistance voluntarily, the issue of increasing alimony can also be resolved in court. In this case, the minimum threshold in excess of the previously assigned alimony is established by the court in accordance with the justifications for the claims of the claimant.
Such justifications can be receipts and receipts for payment of medications, medical services, medical report on the health status of the child or parent, income statement and any other documents confirming that a higher amount of penalties is required.
If the parent has a steady income
When the payer has a steady income, this greatly simplifies the procedure for collecting alimony. Of course, it is most reasonable to collect maintenance payments from his official salary... However, in accordance with the provisions of the RF IC, the calculation of alimony is made not only from wages, but also from most other incomes:
- compensation, bonuses, sick leave, severance pay and any other payments at work;
- scholarship, pension, disability benefit;
- fee;
- profit from commercial activities;
- commission on a transaction carried out under a civil contract;
If maintenance payments are recovered through the court, they are usually assigned a monthly transfer to the recipient's account. The procedure for transferring funds is included in the functions of the accounting department of the organization that calculates the salary, scholarship, pension or other income of the payer.
If it is impossible to establish the exact amount of monthly earnings
Everything is quite simple in cases where the payer is employed, and the only question is what percentage of the salary will the alimony be by a court decision in a particular situation. But in our country there are many cases when an alimony worker simply does not have an official salary. This happens if:
- the payer does not have a permanent official place of work;
- the payer's income is irregular in terms of terms and amounts;
- the payer is officially employed by an employer of another state and receives income in foreign currency;
- the payer receives income from a natural product.
In all such cases, the court assigns maintenance payments in the form of a firm sum of money not tied to the amount of it monthly income... In such a situation, how many percent of the salary will be alimony depends on the needs of the child, the material and marital status of both parents and the subsistence level in the region.
If the alimony payer has several sources of income
As already mentioned above, not only salary is subject to alimony collection, but also other incomes received by the payer. For example, if he has a regular income in the form of a salary and a regular receipt of royalties, the court may impose a recovery in the form of a quarter of salary income and a fixed amount from each payment of royalties.
If the payer does not work
The absence of an official place of employment, according to the law, is not a basis for exemption from the payment of alimony. In such a situation, the court assigns a fixed amount of payments, determined by the average income for the country or region.
In the current year, a parent who does not have a permanent job is obliged to pay alimony for minor child in the amount of at least 7 527 rubles per child. If he is listed at the employment exchange, the collection is made from the unemployment benefits accrued to him.
If the alimony payer is an individual entrepreneur
Business income is subject to the calculation of alimony along with other mandatory payments. However, the calculation of payments is determined by the system by which the entrepreneur pays taxes. In particular, under a simplified taxation system, alimony for a businessman will be calculated in accordance with the average income in the country.
In case of taxation on single tax Alimony is calculated from the amount that remains after deducting all costs.
If the alimony payer owns property or a large sum of money
Separately, the situation is considered when the alimony payer does not have a permanent income, but owns a large amount of money or expensive property. In this case, alimony can be charged in the form of a one-time payment of the entire amount from the moment of accrual until reaching the age of majority or in the form of registration of an apartment in the child's ownership, country house, car or other valuable property.
The method of collecting alimony is optimal if the payer is going to move to another country for permanent residence.
Recovery of alimony for one child
If a voluntary notarial agreement was concluded between the parents, and the payer does not fulfill it, it can be sent by the recoverer to the bailiff service in the same way as a writ of execution is sent after a court decision is made.
In this case, alimony payments are compulsorily collected from the debtor, in the same way as in the case of collection through the court - monthly, in the amount established by the court decision. After the transfer of the writ of execution (or the agreement violated by the payer) bailiffs they open enforcement proceedings and collect established amounts from the payer's income or property.
How to correctly calculate the alimony from the salary?
Official wages are subject to mandatory payment withholding. Therefore, the collection of alimony amounts from her is made after a 13% income tax... For example, if an alimony payer officially receives a salary in the amount of 30,000 rubles, he will receive 26,100 rubles in his hands. Accordingly, when collecting a quarter of the income for child support, the calculation will be as follows: 26,100 / 4 = 6,525 rubles - this amount will be transferred to the claimant.
