Debt on alimony: rules for calculating the bailiff. What is the procedure for calculating child support debt? How the bailiff calculates the debt for alimony
The appointment of alimony for the maintenance of a child or the signing of a voluntary agreement with a notary is not a guarantee that the alimony payer will regularly fulfill his obligations. Quite often, payments are received irregularly, their amounts change, or the allocation of funds for the maintenance of the child stops altogether. Thus, the alimony payer accumulates a debt that he will have to repay in any case. How to calculate child support debt will be discussed in the article.
The main reasons for the occurrence of alimony arrears
Before talking about how to calculate alimony debt if the debtor does not work or, on the contrary, has a regular official income, you need to consider the reasons for the formation of debt. Debt may arise due to non-payment of child support, transfer of smaller amounts or missed payments. The reasons for the occurrence of the above situations are quite diverse. The main ones include:
- deliberate evasion the alimony payer from fulfilling his obligations to support the child;
- the lack of a real opportunity for the alimony to make payments. This may be due to unemployment, prolonged illness, or any other life circumstances;
- unintentional or intentional deduction from the salary of the alimony payer of underestimated amounts of benefits by the accounting department of the enterprise;
- intentional refusal of the party with which the child was left to receive alimony;
- providing false details for making transfers or concealing the location of the payee.
Each of the above cases, as well as other circumstances that resulted in a debt for alimony, are regulated by the RF IC and the Federal Law “On Enforcement Proceedings”. How to calculate child support debt? First of all, you need to find out who should be doing this.
The calculation of alimony if the debtor does not work, is ill, deliberately does not transfer money, or has become a victim of any other circumstances, is performed by the FSSP employees at the place of residence of the alimony payer.
After the calculation of the debt on alimony, the bailiff is obliged to make a decision. It is sent to the payer, the recipient and the accounting department of the enterprise where the alimony works. Subsequently, the FSSP employee must monitor the timeliness of payments.
How to find out child support debt?
Before talking about how debt is calculated and considering an example of calculating child support debt, you need to find out where the payer can clarify the amount that he should pay. This can be done on the official portal of the FSSP on the Internet by visiting the section "Bank of Enforcement Proceedings".
You can also get information about the debt by obtaining a decision from the bailiff dealing with the debtor's case. He must notify the alimony payer of the debt.
How to calculate child support debt?
Having found out all the nuances associated with the formation of debts for the payment of child support, you need to talk about how the alimony debt is calculated by bailiffs. The calculation methods are based on article 113 of the RF IC and article 102 of the federal law. In accordance with the norms specified in these documents, there are three methods of calculation:
- according to the size of the subsistence minimum established in a particular region;
- in accordance with the size of the average wage in a particular region of the Russian Federation;
- according to the real income of the alimony.
If a decision is made on the calculation of alimony arrears, then the bailiff will choose the method based on the specific situation.
For example, if the alimony works and has a sufficiently high income, then the calculation will be made in accordance with the concept of the third method. How to calculate alimony if the debtor does not work? Obviously, in such a situation, the first method will be used, based on the size of the subsistence minimum in the region.
Most often, the first method is used when the child support allowance is paid on the basis of an agreement between the parents, or is assigned by the court in a fixed amount of money. How is the child support debt calculated in such a situation? First you need to point out that this calculation method does not take into account the income of the payer. The basis of the method is the living wage, which changes every quarter. The specific amount of child support is calculated according to specific circumstances. For example, it can be equal to 75% of the living wage.
Using the first method, the bailiff calculates the debt every quarter. At the same time, if for some reason the payment of benefits by the debtor is not made, for example, if he is unemployed, then the amount of debt is calculated each time in accordance with the last value of the subsistence minimum in the region.
The second method of calculation is used if the payer does not have documents confirming his income for the period preceding the calculation of the debt. In simple words, the calculation of arrears at the average salary is practiced if the debtor did not have an official income, but got a job and now receives a white salary.
This calculation procedure is practiced when establishing the amount of alimony as a percentage of income. To calculate the debt, the bailiff takes the average monthly salary in the region over the past year and multiplies by 0.25 if the debtor has one child, by 0.33 if two, and by 0.5 if three or more. After that, the resulting value is multiplied with the number of months for which alimony was not paid.
The third method of calculation is used in cases where the alimony payer works and has official income, but they have not been paid for a certain period of time. In such a situation, the bailiff must calculate the amount of the debt, based on the List of types of earnings and income, approved by the government of the Russian Federation in 1996. In simple terms, the bailiff takes the real income for each month of delay, deducts income tax from it and multiplies the resulting value by the alimony ratio, depending on the number of children (0.25, 0.33 and 0.5, respectively). After that, the amounts for the entire period of delay are added to each other.
Example: Consider the third technique. Most bailiffs, for objective reasons, prefer to count debts in this way (in most cases, a person needs means of subsistence, and therefore he will sooner or later get an official job). Let's say the alimony payer has a debt for three months. To calculate its size, you need to take a salary for each month, for example, it is 30,000, 35,000 and 30,000 rubles. From each value, it is required to deduct 13% income tax, resulting in the following values - 26,100, 30,450 and 26,100 rubles. Each value is multiplied by a coefficient, let's say it is 0.25 (one child). As a result of multiplication, the values \u200b\u200bare obtained - 6,525, 7,612 and 6,525 rubles. They need to be folded. Thus, the amount of debt is 20,662 rubles.
Indexation of alimony arrears
If alimony is paid in a fixed amount, then in accordance with the RF IC, their indexation is carried out. In simple words, the amount increases evenly with the growth of the subsistence minimum in the region. Of course, indexation allows not only to increase payments, but also to reduce if the cost of living is reduced.
Alimony debtors, among other things, must pay a penalty. Calculating its size is quite simple. It is equal to 0.5% of the total debt. To find out how much the penalty can be received for the timely absence of payments, the recipient of alimony can independently, but it can only be claimed in court.
The current legislation is always on the side of minor children, protecting their rights and interests. It is for this reason that every parent has an obligation to support the child equally. Nevertheless, unfortunately, even a court decision involving the payment of alimony is not a guarantee that the funds for the maintenance of a minor child will be accrued properly.
The reasons may be different, however, over time, debt begins to accumulate. In this article, you will learn in detail how to calculate child support debt.
Causes of debt
Any debt cannot arise from scratch, there are always certain reasons. So, accumulation can occur:
- Due to the fault of the payer.
- Not the fault of the payer.
So, in the first option, the person in debt knows and understands perfectly well that he has an obligation to pay alimony, which must be carried out according to the established rule. However, it deliberately takes actions to evade this duty. For example, a person may hide from the executive bodies and the claimant the real address of his residence, as well as his official place of work.
Naturally, a person in the future will be liable for such behavior in accordance with current legislation. Yes, they can be prosecuted.
As for the reasons belonging to the second group, they are not so common. We are talking about those circumstances that occur through no fault of the person. These may be, for example, mistakes made by an accounting officer. In this case, the entire responsibility will be assigned to the accountant. There are also quite possible options when the person who is entrusted with the obligation to pay child support is seriously ill, and therefore all financial resources are spent on treatment, and not on the maintenance of the child.
Another reason could be the death of the person paying the alimony. However, if there is a payment debt, it must be paid by the heirs of the deceased debtor. This is done only if the relevant court decision is issued in the case.
There is also such an option in which payments arise due to the claimant. This can happen if the recipient of alimony did not timely provide the bailiff to the executor with a document for collection. In any case, no matter what will serve to accumulate the debt on alimony for a minor child, the debtor is in any case obliged to repay it.
How to find out child support debt
You can find out about alimony debt by going to the official website of the Federal Bailiff Service (hereinafter referred to as the FSSP). The necessary information will be contained in the section called "Bank of Enforcement Proceedings".
In what cases is the payment of debt on alimony carried out?
Many citizens are interested in the question of how to calculate the debt for alimony. The calculation of debt for alimony can be calculated according to two rules.
First rule. The calculation is carried out in the presence of a court decision on the collection of payments or agreement of the parties on alimony. In other cases, the debt cannot be calculated. So, for example, if during the period of dissolution of the marriage, the mother of the child did not file a lawsuit for the recovery of alimony, but decided to do so a few years later. In this case, we will not talk about the presence of debt on maintenance payments, but about the collection of payments for the maintenance of the child for the past time.
Second rule. This rule says that the period of alimony arrears is 3 years, that is, you can claim payment only for the last 3 years. The only exception to this rule is when the debtor evades the obligation to pay alimony. In such a case, the debt is paid for the evasion period.
Methods for calculating alimony arrears
Child support payments can be calculated in a number of ways. Everything will depend on what procedure is in place for the collection of payments.
How is child support debt calculated? :
- living wage;
- the debtor's average salary;
- the income of the debtor.
Below we will dwell in detail on how the alimony debt is calculated by bailiffs.
The procedure for calculating the debt for alimony based on the living wage
This method is used when payments are collected in hard cash. At the same time, the amount of a person's income is not taken into account; instead, they are based on the subsistence minimum, which is established by region or country. The amount of payments is assigned depending on the situation and can be, for example, 0.5 or 2 living wages.
By the way, this value is not constant, so the bailiff must calculate the debt in a new way every quarter.
Formula for calculating child support arrears:
Amount of debt = (amount of child support ordered by the court, which corresponds to the living wage * the amount of the living wage) * the period of non-payment of maintenance payments
The procedure and example for calculating alimony arrears based on the average salary
This method is used if:
- The debtor does not have on hand documents that would confirm his income for the period when the debt arose.
- The debtor receives income unofficially.
- The debtor has no income.
As for the procedure for calculating the debt, it is very simple. It is necessary to take the average salary as a basis, calculate from it the share of alimony payments that were established by agreement or court order, and multiply the result by the number of billing months. Thus, it is possible to determine the amount of debt for the entire period when alimony debt arose.
Since the size of the average wage changes from time to time, calculations must be carried out every quarter.
An example of calculating child support debt
On July 1, 2017, a court order ordered maintenance for a minor child in the amount of ¼ of the parent's income. However, the child supporter did not provide data on his income and payments for the maintenance of the child were not received.
The average salary in the country in the first quarter of this year was 73,800 rubles. Taking into account this information, the bailiff calculated the debt for 7 months of non-payment of funds as follows:
Amount of debt \u003d Amount of deductions (average salary * share of earnings) * number of months
Debt is calculated as follows:
(73,800 * 0.25) * 7 \u003d 129,150 rubles.
The procedure for calculating the debt for alimony based on the income of the debtor
This method of calculating debt takes place if the debtor has official income, but for a certain period of time there was no deduction from it on account of alimony payments.
In such a case, the calculation of the debt will be carried out as follows. First, the bailiff must determine the income of the person from which the payments are withheld. From the amount received, it is necessary to deduct deductions that are mandatory established by the current legislation (in particular, we are talking about personal income tax).
Then, from the amount, it is necessary to calculate the share of alimony payments, which is established by agreement or court. The amount received is multiplied by the number of months when alimony payments were not made.
Application for the calculation of arrears of alimony (sample)
If child support payments have not been paid for a long period, as a result of which a debt has formed, the main issue will be to correctly calculate it.
When the bailiff is not taken to calculate the debt, the recoverer should do this on his own initiative by filing an application. This right is enshrined in Article 50 of the Federal Law "On Enforcement Proceedings". The document is addressed to the bailiff who conducts the case.
There are no special requirements for the application form, it is drawn up in a free form. However, it is still worth relying on the basic rules of office work.
Attention! The application is submitted in two copies.
You can download a sample application for the calculation of debt
Calculation of debt by a bailiff. Decision on the calculation of arrears of alimony
The bailiff cannot refuse a request to provide information about the amount of the debt at the request of the recoverer. So, having received a corresponding application from the exactor, the bailiff is obliged to consider it within 10 days.
As soon as a decision is made on the calculation of alimony arrears, the bailiff sends the appropriate papers to the recoverer and debtor. The decision to calculate the debt, like other decisions, is drawn up in the form of a resolution.
However, the calculation itself can go on a separate paper, which will be in the form of an addendum to the resolution.
The resolution must contain the following information:
- The basis on which the calculation was made.
- Information about the debtor and the creditor.
- The period for which the debt has accumulated.
- The method by which the debt was calculated.
- The amount of total debt for the entire period.
Such a decision is necessary for the claimant of alimony payments to apply to the court with a claim for payment of the debt. This paper cannot be called mandatory, however, it can play the role of a weighty argument.
Exemption from alimony arrears
At the legislative level, there is a rule that allows the debtor to go to court with the aim of partial or complete exemption from alimony debt. However, there must be certain grounds for this, in particular:
Existence of a valid reason why the debtor has not fulfilled its financial obligations. These include illness, difficult financial condition, changes in personal life.
In the event that the court takes into account such grounds, considering them valid, it may decide in favor of the debtor, reducing or writing off the debt. However, do not forget that the person will need to collect evidence that would confirm his words.
Important! After the court makes a decision in favor of the debtor, the enforcement service may begin to review the amount of debt.
Appeal against the decision on the calculation of debt on alimony
All illegal actions on the part of the bailiff can be appealed, for which the interested person is given 10 days. The countdown of the specified period begins from the moment it became known that the bailiff committed illegal actions.
The interested person has the right to file a complaint addressed to a higher official.
In addition, it is also possible to file an appeal against the decision on the amount and calculation of debt payments, if the person concerned has doubts about the correctness of the calculations made.
Conclusion
If, for objective reasons, it is not possible to pay off debts for alimony payments, this may be a good reason for the amount of debt to be reduced or completely eliminated. As a rule, the amount of alimony can be reduced when the requirement for payments indicated in the statement of claim is higher than the real earnings of the alimony. Therefore, a person may well file a lawsuit in court to challenge the established amount of payments if the current financial costs of alimony significantly affect his financial situation.
In order to cancel or reduce the amount of the recovery, it is necessary to collect and submit to the court the relevant evidence that the person is unable to pay the debt. These can be various kinds of documents, for example, a paper from a medical institution about long-term treatment of a serious illness. The magistrate makes the final decision in the case.
After the relevant decision is issued, it must be written to the bailiff involved in this case. The resolution serves as the basis for reducing or canceling the debt. In addition to written evidence, witness statements may also be considered. The law obliges parents to pay maintenance for the maintenance of their minor children. Failure to comply may result in forcible debt collection.
For example, income, bank assets and even the property of a person who evades alimony obligations can be seized, and imprisonment can also threaten persistent violators.
Alimony debt- a familiar situation to millions of citizens who raise children after a divorce. Ex-husbands are deliberately in no hurry to pay money for the maintenance of the child. Another common situation is that the debtor transfers amounts that are significantly less than the indicator that is reflected in the agreement or court decision. What should the recipient do? How to calculate how much money the payer is really obliged to transfer monthly? Can justice be achieved? Yes!
It is good for those families where harmony and mutual understanding reign. Spouses who are divorced or have already undergone this procedure are a different story. Especially if adults have joint minor children. A responsible father will not leave his child without financial assistance. The payment of alimony for such citizens is a prerequisite, the observance of which is a law. Other persons, and as practice shows, they are the majority, try in every possible way to avoid monetary payments.
There are many reasons why alimony is not received by the recipient:
- intentional non-fulfillment of obligations (malicious evasion from payment of alimony);
- there is no way to pay off the debt for financial assistance to the child due to loss of work, illness, or other circumstances;
- the debtor's accounting department erroneously transfers the underestimated amounts of alimony to the recipient;
- the location or bank details of the parent who is raising a joint child is not available;
- voluntary refusal of transfers by the recipient;
- other reasons.
Any reason noted above is a reason to refer to the laws of the Family Code of Russia, the current regulations of the country, as well as the Federal Law “On Enforcement Proceedings”. All calculations of the formed debt are bailiffs. Another option is the accounting department of an enterprise or individual entrepreneur for whom the debtor works.
Methods for calculating alimony arrears
Bailiffs are specialists who conduct a case for the recovery of alimony. They carry out all the necessary calculations related to the financial support of a minor. After performing mathematical operations, the bailiffs must draw up a decision. This document is sent to the recipient, the payer, and also to the place of work of the person who is obliged to pay money for the maintenance of a child under 18 years of age.
It's easy to figure out how much you owe child support. The section "Bank of Enforcement Proceedings" on the website of the FFSP (Federal Bailiff Service) allows you to find out about the amount of debt.
The work of the bailiffs does not end there. They are required to conduct maintenance checks in subsequent periods. Alimony is also calculated by the accounting department of a state or commercial enterprise in which the debtor is officially employed.
Online child support calculator:
Number of common minor children: | 1 2 3 or more |
Second parent salary: |
rub. Mistake |
Subtract income tax from salary: | Yes No |
Other income of the second parent: |
rub. Mistake |
Features of calculating debts for alimony
Family Code of Russia and Art. 102 of the Federal Law "On Enforcement Proceedings" are sources that help calculate the amount of alimony. There are several ways to calculate. Which one to use depends on the peculiarities of the situation that has developed between the claimant and the payers.
- for the calculation, the level of the subsistence minimum, which operates in the region, is used;
- to calculate the amount of alimony, the income of the payer is taken;
- for calculation, the level of the average salary established by the Government is used.
If the alimony is appointed by the court, then the first option applies. It is also used when the payment is set in fixed monetary terms. In these cases, the living wage is taken as the basis that helps determine the amount of debt (the indicator changes quarterly). The amount of alimony, which the payer is obliged to transfer monthly in favor of a minor, is determined by a multiple of this value (the peculiarities of the situation are also taken into account). The official income of the alimony is not taken into account.
The cost of living changes quarterly. With an increase in this indicator, the bailiffs adjust the alimony. If there was no financial support for a minor child, then the amount of the payment is calculated taking into account the last value. In cases where the alimony transfers money on a regular basis, the amount of deductions is indexed when the cost of living changes.
To make everything clear, consider an example calculation. From 01/01/13, the amount of alimony in the amount of 1.5 PM (living wage) is in effect, which is 6432 rubles. 00 kop. in the third quarter of this year. The calculation of debt on maintenance payments is as follows: 1.5 x 6432 x 9 = 86832 rubles, where 9 is the number of months, and the total amount reflects the amount of the debt. Amount of debt \u003d (1.5 x 6432.00 rubles) x non-payment period (9 months) \u003d 9648.00 rubles. x 9 months = 86832.00 rubles
Now it is necessary to consider the features of the calculation of alimony, where the level of average wages, which is established by the Government of Russia, is used for calculations. This technique is actively used when the payer of cash assistance intended for the maintenance of a child who has not reached the age of majority does not have an income certificate. It turns out that the alimony cannot confirm his monthly salary or other remuneration with the help of documents. The same method applies to individual entrepreneurs who are obliged to provide material support to the former family, but do not provide the court with financial documentation of their activities.
Alimony payments in shares of wages - an option for which this procedure applies. The calculation of the amount of deductions is similar to the example discussed above. Taking into account the average earnings, a calculation is carried out (the period during which the debt arose is taken). The amount of money that must be received monthly for the maintenance of a minor child is carried out on the basis of an indicator established by the Government of the Russian Federation. The resulting result must be multiplied by the number of months in the period under consideration.
Another calculation method is suitable in situations where the alimony payer has officially confirmed income, but he did not make payments for a certain time.
The sources of income of the alimony, which serve to calculate payments, are determined by bailiffs. Specialists work in accordance with an act called "List of types of earnings and income from which maintenance is withheld for children under the age of majority." Having identified the debtor's income, bailiffs are required to reduce the estimated amount by the amount of personal income tax deductions (tax on personal income, which is 13%). The resulting result must be multiplied by the number of months in the reporting period.
If the subsistence minimum changes or the average wage increases, bailiffs are required to make adjustments. In most cases, this work is carried out once a quarter. When the Government of Russia delays the decision, the specialists carry out the recalculation later. Another option, in which an adjustment is made, is the application of the recipient of funds for the maintenance of the child due to the lack of payments from the payer. Having completed the task, the bailiffs issue a special resolution, which is transmitted to the claimant and the debtor. To find out the details, the parties can contact them for advice at any time.
Exemption from alimony arrears
The legislation provides for cases when the payer may be fully or partially exempted from paying alimony. All information related to such opportunities is specified in article 114 of the RF IC. In order to reduce or completely eliminate the obligations associated with the financial support of minor children, it is necessary to apply to the court with an appropriate application. The reasons for which it is possible to remove the debt burden: a serious illness, difficult financial or marital status. Such grounds prevent the payer from paying alimony in a timely manner and in full.
If the judge considers the documentary evidence, and their base must be collected in full, convincing, then the decision will be made in favor of the payer. With a positive result, the executive service will be obliged to remove the obligation to pay alimony in part or in full. The recoverer of funds may appeal the decision, but if the reason is really serious, then it will remain in force.
The dishonesty of the alimony payer, namely his evasion of the monthly obligation to pay funds for the maintenance of his children, will not be able to pass without a trace for him.
Some facts
The calculation of the maintenance debt is done by bailiffs, in their production is a specific case of recovery. Also, the calculation can be made by the accounting department of the enterprise, which deducts from the debtor's salary
For the entire period, from the moment of collection to the current time, he has formed and every day the debt for alimony is increasing. If the mother of the child wishes, that is, for the three years preceding the filing of the application for alimony (and she has such a right provided for by family law), then the indicated amount will be added to the total debt.
To avoid paying the accumulated debt, you need very good reasons. Only the court is authorized to resolve the issue of exemption from the collection of alimony debt.
Causes of debt
The reasons for the occurrence of alimony arrears are conditionally divided into two groups:
- through the fault of the alimony payer,
- for reasons beyond the control of the payer (due to the fault of the claimant, accounting officer, etc.).
In the first case, the payer is reliably aware of his obligation to pay child support within strictly defined terms and in a strictly established amount. But he deliberately does not do this: he hides the address of residence, hides the amount of income. Such behavior threatens him with severe punishment: non-payment of alimony for more than four months by a person who knew about his duty and maliciously evaded its fulfillment is a reason for bringing the debtor to criminal liability.
Interesting to know
If a newborn is prescribed within a month, then only a statement from the mother is needed. If after the month of the birth of the child, then a certificate from the father of the child from the place of residence will also be needed.
The reasons related to the second group are much less common. Here, alimony arrears can arise if the payer, as an option, is seriously ill, and therefore is not able to raise funds for the maintenance of either himself or the child.
Another reason could be the death of the debtor. But even in this case, the alimony debt does not disappear; the heirs of the debtor will have to pay it off. Provided that the judiciary makes an appropriate decision about it.
Alimony debt can also be formed through the fault of the recipient of alimony.
Example: the recoverer did not provide the writ of execution to the bailiff to the executor, which she was obliged to do. Therefore, the recovery of alimony did not occur. If the alimony claimant did not inform the bailiff about the change of address at the place of residence, then the money on account of alimony simply did not reach her and the child, although they were paid by the debtor.
Often, an employee of the accounting department of the organization where the payer works becomes guilty of creating alimony arrears. There are situations when unscrupulous employees of the accounting department, through inattention, miss the necessary deadlines for collecting alimony on the executive document received by them, or even lose it. In this case, the responsibility falls on the shoulders of this negligent accountant.
Whatever the reason for the formation of alimony debt, the payer is simply obliged to pay it off in full. Especially when it comes to alimony for the maintenance of his minor children (child).
Who will count the debt
All work to control the payment of alimony after the receipt of the writ of execution and the initiation of enforcement proceedings falls on the shoulders of an employee of the territorial office of the bailiff service at the place of residence of the debtor.
Do you know that
The bailiff makes a quarterly calculation when the subsistence minimum is changed. And if payments were not made, then its size is calculated, taking into account its last value. If the payer regularly made payments, then when the amount of the subsistence minimum was changed. The amount of deductions per month is indexed.
An application with a request to calculate the maintenance debt is written by the claimant in any form, but with the obligatory indication of the entire period during which there were no payments, a possible reason for non-payment of alimony. Also, in the application, you must refer to the executive document or voluntary agreement on the basis of which alimony is collected, indicate the date of initiation of enforcement proceedings.
The bailiff will calculate the alimony debt using one of the three methods indicated below, about which he will draw up a document that must be presented to the court or law enforcement agencies. The debt is calculated by the bailiff within 13 working days, after which it is sent by mail to the applicant and the alimony debtor.
An employee of the accounting department at the enterprise where the debtor works, who for some reason owes alimony to his child, will also be able to calculate the debt for alimony.
Methods for calculating alimony debt
The procedure by which the amount of alimony arrears is calculated and collected is provided for by Russian law in Article 113 of the Family Code of the Russian Federation and Article 102 of the Federal Law "On Enforcement Proceedings".
The choice of method for calculating the debt for alimony depends on two circumstances:
- the debtor has a permanent place of work and earnings or their absence,
- method of collecting alimony (in proportion to income, in a fixed amount of money).
Three methods are used to calculate child support arrears.
About how and where check child support arrears, and whether it can be done online, it is written.
1. Depending on the subsistence minimum indicator established in a particular region or throughout Russia. This method is applicable if the alimony was paid by voluntary agreement or appointed by a court decision in a fixed monetary value.
The subsistence minimum in each region is reviewed by the local Government once a quarter. This fact should be taken into account when calculating the maintenance debt.
Example: Muscovite Kovalev P.P. according to the executive document, he is obliged to pay monthly alimony to his daughter in the amount of 1.3 parts of the subsistence minimum per child in the Moscow Region from December 15, 2012. Since January 01, 2015 Kovalev P.P. does not pay child support.
In the Moscow Region, the subsistence minimum per child was 10,443 rubles in the first quarter of 2015.
10443 rubles * 1.3 \u003d 13575 rubles 90 kopecks - the monthly amount of alimony in the first quarter of 2015.
13575 rubles 90 kopecks * 3 months = 40727 rubles 70 kopecks - the amount of the total debt as of April 01, 2015.
2. Considering the average wage in Russia. This method is used in cases where the debtor does not work or does not work officially and hides information about the place of employment and the amount of salary.
According to data for 2015, in the first quarter, the average salary in Russia was 28,872 rubles.
Example: Moscow resident Nesterov I.I. by court order, must pay alimony to support his son in the amount of ¼ of his earnings or other income from September 01, 2014. Starting from January 01, 2015 Nesterov I.I. does not pay alimony, does not disclose the source and amount of his income to the bailiff.
28872 rubles * 1/4 = 7218 rubles 00 kopecks - the amount of the average monthly alimony in the first quarter of 2015.
7218 rubles 00 kopecks *3=21654 rubles 00 kopecks - the amount of the total maintenance debt as of April 01, 2015.
3. Based on the payer's monthly income. This method calculates the debt of a citizen who has a permanent job and a stable income, but for unclear reasons, does not pay alimony.
The bailiff takes as a basis the amount of the debtor's monthly salary with the obligatory preliminary deduction of 13% income tax from it.
Example: Saveliev A.A. - A fitter from Unistroy LLC, who receives a monthly salary of 34,000 rubles, is obliged by court order to pay alimony in the amount of 25% of his income for the maintenance of his son. Since September 01, 2014, alimony from the accounting department of Unistroy LLC has not been received by their recipient, but the debtor continues to work.
34,000 rubles -13% = 29,580 rubles - salary after deducting income tax
29580 rubles * 1/4 = 7395 rubles - the amount of the monthly maintenance payment
Indexation of alimony arrears
Indexation is subject to alimony, which is collected by a court decision in solid monetary terms. Since December 2011, the amount of the subsistence minimum for a particular region of the Russian Federation or throughout Russia has been taken as the indicator on which the amount of “hard” alimony depends. More about Calculation of alimony in a fixed amount of money, read here -
When calculating the debt for alimony in solid terms, one should take into account how the subsistence minimum indicator has changed over the entire period of non-payment of alimony.
Example: by court decision Ivankov AND.AND. is required to pay child support in the amount of two living wages per month. From April 01, 2013 Ivankov I.I. does not pay child support.
To begin with, let's set the subsistence minimum indicator set for a child in Russia, starting from April 01, 2013 and until April 01, 2015, and how it has changed:
in the 2nd quarter of 2013 - 7104 rubles,
in the 3rd quarter of 2013 - 7105 rubles,
4th quarter of 2013 - 7021 rubles (according to the law, the indexation of alimony occurs only upwards, so the figure will remain unchanged - 7105 rubles),
1st quarter of 2014 - 7452 rubles,
2nd quarter of 2014 - 7920 rubles,
3rd quarter of 2014 - 7738 rubles (for the calculation of alimony - 7920 rubles),
4th quarter of 2014 - 7899 rubles (for the calculation of alimony - 7920 rubles),
1st quarter of 2015 - 7899 rubles (for the calculation of alimony - 7920 rubles).
Debt Calculation:
(7104 rubles * 2) * 3 months = 42624 rubles - the amount of debt from April 01, 2013 to July 01, 2013.
(7105 rubles * 2) * 6 months = 85260 rubles - the amount of debt from July 01, 2013 to January 01, 2014.
(7920 rubles * 2) * 12 months = 190080 rubles - the amount of debt from April 1, 2014 to April 1, 2015.
42624 + 85260 + 44712 + 190080 \u003d 362676 rubles - the total debt of Ivanov I.I. on alimony in the period from April 01, 2013 to April 01, 2015.
The company "Ilona" has an employee, he received a court decision on the payment of alimony (1/3 of wages). According to the confirmed data of the tax service, this employee earns 35 thousand rubles.
In accounting from 1.02-1.09.2014. did not transfer money as alimony.
The calculation of the debt will be as follows:
35t.r - 13% \u003d 30,450 (amount after tax deduction)
30t. 450 rub. x 0.33 = 10,048.50 (monthly payment amount)
10,048.50 x 7 months = RUB 70,339.50 (the amount of debt for 7 months.)
As you can see, the amounts of alimony debt are very impressive.
Is it possible to forgive a debt
In fact, not a single Russian legislative act prohibits the release of the alimony payer from the payment of alimony arrears. Only this question should be resolved peacefully between both parents or through a judicial body.
Parents between whom there is a previously concluded alimony agreement have the right to amicably agree on the cancellation of alimony arrears. Provided that no one remains offended, and even more so, the interests of a minor child should not suffer.
All other situations are resolved only in court. Both the recipient of alimony, who wants to claim the amount of the debt, and the alimony payer himself, who disagrees with the debt, can become the initiator of filing a claim.
How to compose statement of claim for the recovery of debts for alimony, you can read.
After considering the application-claim, the court, if necessary, will make a decision on reviewing and changing the amount of the debt - on its increase or decrease, as well as on the method of its payment (in a fixed monetary form, in shares of income, etc.).
Also, the judge will be able to decide on the removal of the debt from the alimony payer. To do this, the latter must have exceptional circumstances: a serious illness, a difficult financial situation that does not allow him to pay the debt, the formation of alimony debt through no fault of his own, etc. payment of the debt at least partially will not work.
The decision taken by the court is notified to the recipient of the alimony, the debtor, as well as an employee of the bailiff department, who will have to collect the alimony debt, taking into account new circumstances, or even completely write off the debt from the alimony payer.
If you have any questions about how child support debt is calculated, then ask them in the comments.
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The debt is calculated by the bailiff who is handling your case.
To do this, you need to contact the bailiff service so that they calculate the debt for you. In accordance with Part 2 of Art. 102 of the Federal Law “On Enforcement Proceedings”, the amount of debt for alimony is determined in the decision of the bailiff based on the amount of alimony established by a judicial act or agreement on the payment of alimony. According to part 3 of this article of the Federal Law, the amount of debt on alimony paid for minor children in shares of the debtor's earnings is determined based on the debtor's earnings and other income for the period during which the alimony was not collected. If the debtor did not work during this period or documents on his income for this period were not submitted, then the alimony debt is determined based on the average wage in the Russian Federation at the time of debt collection.
Alimony debts are calculated by the bailiff. A decision is made on the amount of debt.
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If the employee from whom the alimony is collected moves to another job, then the previous employer must send the writ of execution to withhold the alimony to the bailiffs. Due to the fact that information about the appointed alimony can go to the accountant of the new employer after a certain amount of time, the employee's debt to pay alimony is formed. In this case, first of all, the amount of current alimony should be withheld, and only after that - the amount of debt. Subject to Art. 138 of the Labor Code of the Russian Federation and sub. 2.3 Art. 99 No. 229-FZ, the amount of deductions should be no more than 50 or 70% of the salary due to the employee.
As a rule, the writ of execution states how much to withhold the debt. For example, "in the amount of 25% to repay the debt until it is repaid." If only the amount is indicated, without recommendations on the withholding process, then the maximum amount of withholding in this case can be 70%.
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The calculation methodology is based on the norms of Article 113 of the Family Code of the Russian Federation and Article 102 of the Law “On Enforcement Proceedings”. According to their provisions, there are three ways to calculate maintenance debt:
By the value of the subsistence minimum established in the region or at the federal level;
in accordance with the level of average wages established in the state;
based on the payer's income.
The first method is used in cases where deductions are appointed by the court or on the basis of an agreement in hard monetary terms. Regardless of income, the basis for determining child support debts is the living wage, which is set by the government on a quarterly basis. The amount of mandatory monthly contributions is assigned a multiple of this indicator, depending on the specific situation, for example, 0.75 of the subsistence minimum.
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In accordance with Art. 81 of the RF IC, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three children or more - half of earnings and (or) other income parents. The size of these shares may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances.
The amount of debt on alimony paid for minor children in accordance with the RF IC is determined based on the earnings and other income of the person obliged to pay alimony for the period during which no alimony was collected.
When calculating alimony arrears, the bailiff must comply with the requirements of tax legislation, namely: first, from the earnings and other income of the person obliged to pay alimony, the relevant taxes are deducted (for example, personal income tax in the amount of 13% of earnings and other income), and then, in accordance with the size of the shares established by the court, the calculation of the alimony payable is made.
It should also be borne in mind that there is a List of types of wages and other income approved by Decree of the Government of the Russian Federation of July 18, 1996 N 841, from which alimony for minor children is deducted; this List must be guided by the calculation of debts for alimony.
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The debt will be calculated until the entire amount is repaid, regardless of whether the children have reached the age of majority or not. The limitation period for withholding debts does not apply if the debtor evaded paying alimony. 2Alimony arrears are calculated based on the equivalent in which the payment of alimony was awarded in a fixed amount of money or as a percentage of income. 3If the alimony was ordered to be paid in a fixed amount of money, then this figure is multiplied by the number of months for which the debt arose plus the amount of current alimony. The payment of these funds is calculated in such a ratio that the withheld amount does not exceed 70% of the debtor's income, because a larger amount cannot be withheld by law. 4When debt is formed as a percentage of income, all income for the past period is summed up and divided by the number of months in the billing period. The percentage of alimony for one month is calculated and multiplied by the number of months for which the debt arose. Current alimony and the amount of debt are calculated, but not more than 70% of the debtor's income. 5 If the debtor did not work and did not have official income during the period of alimony debt, the amount of debt is calculated based on the minimum wage.
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3. The amount of debt is determined by the bailiff on the basis of the amount of alimony determined by a court decision or an agreement on the payment of alimony.
4. The amount of debt on alimony paid for minor children in accordance with Article 81 of this Code is determined based on the earnings and other income of the person obliged to pay alimony for the period during which no alimony was collected. In cases where the person obliged to pay alimony did not work during this period or if documents confirming his earnings and (or) other income are not presented, the alimony debt is determined based on the average wage in the Russian Federation at the time of debt collection. If such a definition of debt significantly violates the interests of one of the parties, the party whose interests are violated has the right to apply to the court, which can determine the debt in a fixed amount of money based on the material and marital status of the parties and other noteworthy circumstances.
5. In case of disagreement with the determination of alimony arrears by a bailiff, any of the parties may appeal against the actions of a bailiff in the manner prescribed by civil procedural legislation.
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When debt is formed as a percentage of income, all income for the past period is summed up and divided by the number of months in the billing period. The percentage of alimony for one month is calculated and multiplied by the number of months for which the debt arose. Current alimony and the amount of debt are calculated, but not more than 70% of the debtor's income. 5 If the debtor did not work and did not have official income during the period of alimony debt, the amount of debt is calculated based on the minimum wage. 6When the debtor has several children and alimony arrears have been formed for payments to all children, then the maximum percentage of deduction from income - 70% is divided equally between all the children of the debtor.
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The debt will be calculated until the entire amount is repaid, regardless of whether the children have reached the age of majority or not. The limitation period for withholding debts does not apply if the debtor evaded paying alimony. 2Alimony arrears are calculated based on the equivalent in which the payment of alimony was awarded in a fixed amount of money or as a percentage of income. 3If the alimony was ordered to be paid in a fixed amount of money, then this figure is multiplied by the number of months for which the debt arose plus the amount of current alimony. The payment of these funds is calculated in such a ratio that the withheld amount does not exceed 70% of the debtor's income, because a larger amount cannot be withheld by law. 4When debt is formed as a percentage of income, all income for the past period is summed up and divided by the number of months in the billing period. The percentage of alimony for one month is calculated and multiplied by the number of months for which the debt arose. Current alimony and the amount of debt are calculated, but not more than 70% of the debtor's income. 5 If the debtor did not work and did not have official income during the period of alimony debt, the amount of debt is calculated based on the minimum wage. 6When the debtor has several children and the debt is
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