What percentage of salary is alimony paid?

Family Law > Child Support > What is the amount of child support for one child?

And the duty of the second parent (most often the husband, the father of the child) is to regularly pay alimony for the maintenance of the child until he comes of age (in some cases, longer).

What size or percentage of alimony is provided for 1 child in 2023 in the Russian Federation? What determines the amount of alimony, what is the maximum and minimum amount of this penalty?

What determines the amount of alimony?

The amount of penalties depends on the following factors:

1. Method of registration of alimony (agreement between the parties or filing a request for collection through the court).
2. Collection method (flat amount, percentage or 50/50).
3. The social status of the person who pays alimony (unemployed, retired, disabled, has serious illnesses, etc.).
4. The marital status of the person paying alimony (the presence of other dependent minor children, a pregnant wife or someone who is on maternity leave).
5. Family and social status of the child and the applicant (most often the mother).

The priority method for assigning alimony in the Russian Federation in 2023 remains a voluntary agreement of the parties. But the method of forcing payments (through the court) remained valid.

Amount of alimony for 1 child by agreement of the parties

• In this document, the two of them determine the amount that the father will pay for one child, as well as the terms for paying child support.
• By the way, unlike the payment of alimony by court order, in this case the payments do not necessarily have to be monthly.

The main condition is that the amount of assistance per child should not be lower than ¼ of the parent’s earnings or other income (according to Article 81 of the Family Code of the Russian Federation).

Other options for payment of alimony may be included in the agreement of the parties, for example:

• re-registration of property for child support;
• payment of alimony in the form of products instead of cash payments;
• a one-time payment for the entire period of assignment of assistance to a minor child.

Payment of alimony for 1 child in a fixed amount

• the alimony payer is not employed;
• he receives his salary in products or in foreign currency;
• The shared method of paying child support does not satisfy the basic needs of the child.

The amount of alimony in a fixed amount is tied to the subsistence level for the child in the region of his residence. In this case, not the entire amount of the subsistence minimum is taken, but only half of it, because both parents have an equal responsibility to support the child.

1. But there are situations when the amount of alimony in a fixed amount is not taken equally, and a large amount is collected from the alimony payer.
2. For example, a judge may assign a higher percentage of alimony collection if, for example, a child has been diagnosed with a disability, has serious illnesses, is involved in sports professionally, etc.

Payment of alimony in a fixed amount is necessarily subject to indexation in accordance with Art. 117. Family Code.

This type of payment is indexed to ensure that rising consumer prices do not negatively affect child support.

The concept of maximum and minimum alimony

There is no such thing as a minimum or maximum amount of alimony, since more often they are assigned not as a fixed amount, but as a percentage of the salary. Amounts can vary from several thousand to several tens of thousands of rubles.

Amount of alimony as a percentage of income

The amount of penalties from all income of the alimony payer is 25% or ¼ of his income (according to Article 81 of the Family Code). This is the minimum percentage of child support for 1 child.

Its amount should not be lower than the minimum wage. This is done to protect the rights of a minor child so that he is guaranteed to receive, albeit a small, obligatory amount from the parent who left him.

What income is taken into account when assigning child support?

In 2023, the list of income from which alimony is collected is as follows:

• employee salary;
• regular bonuses;
• bonuses;
• salary for combining professions;
• scholarship;
• pension payments;
• unemployment benefit;
• income from business activities;
• royalties;
• cash income from real estate rentals, regular purchase and sale transactions.

What is the maximum percentage of alimony that can be withheld from your salary?

If the father is willing to pay 70% or more of his salary or income, then he does so. The main thing here is that the rights of the child are not infringed.

• The maximum percentage of alimony is 70% of the salary of the person who is required to pay penalties.
• Moreover, this limit applies only to the payment of alimony in relation to minor children and only if the corresponding resolution is adopted in court.

Moreover, alimony in the amount of 70% cannot be awarded initially. Such a large percentage can accrue if, for example, the alimony payer has arrears for the past months.

Reducing the amount of alimony in favor of the payer

And according to the law, he can actually do this if he has grounds for it.

There are several reasons why a person may be given a decision to reduce the amount of alimony paid:

1. Disability of the person paying alimony. Moreover, this must be a disability of either group 1 or 2.
2. The presence of other dependents of the alimony payer - minor children, disabled parents.
3. If the child to whom the father (less often the mother) pays alimony is engaged in entrepreneurial activity, officially works or has other sources of income (for example, he receives income from the sale of shares, renting an apartment, etc.).
4. if the payer pays child support simultaneously to two children from two different mothers. Although we have already found out what percentage of the salary goes to child support for one child, namely, 25%, but then the parent would have to pay 50% for two children, which is contrary to the Family Code. This document notes that the amount for the maintenance of two children should not be more than 33%.
5. If the payer has a very high salary (income). Sometimes it happens that a parent’s salary is so high that he satisfies the child’s needs not 100 or even 200%, but several times more.

Amendments to the law on alimony

Throughout 2018, many Russians were waiting for changes to the Family Code regarding alimony.

The most anticipated, but still not accepted questions were:

• minimum guaranteed amount of alimony for one child (fixed amount of 15 thousand rubles);
• payment of alimony after 18 years of age if the child is a full-time student at a higher educational institution;
• housing support.

But so far these amendments have not been approved in 2023. However, a new law did come out. The changes mostly affected the liability of debtors for non-payment of alimony. Thus, the President of the Russian Federation signed a corresponding resolution, according to which:

1. Debtors will be prohibited from driving a vehicle, that is, their driver’s license will be temporarily suspended.
2. Alimony payers will be temporarily restricted from traveling outside the Russian Federation. That is, the parent will not be able to leave the country until he fully repays the debt associated with payments for the child.
3. A non-payer of alimony may be brought to administrative responsibility, according to which he may be assigned correctional labor, a fine in the amount of 20 thousand rubles, or arrest for up to 15 days.

Such measures apply to all non-payers.

And these are those debtors who, without good reason, do not pay alimony for 2 or more months, do not appear when summoned to the bailiff to draw up a protocol on an administrative violation.

What percentage of the salary goes to alimony: for one child and wife?

After a divorce, a woman can apply for alimony from her ex-husband (the father of their common child) for her maintenance in the following cases:

• if she is pregnant with another child;
• if their common child is under 3 years old;
• if the child is disabled. Naturally, the mother cannot work in this case. Therefore, she has every right to apply for alimony and for her own maintenance (until the child reaches the age of 18);
• if their common child is disabled in group 1. In this case, the ex-husband is obliged to pay money on an indefinite basis;
• if the wife became disabled while married, or within 1 year after its dissolution.

The amount of alimony for mother and child is paid in the manner and amount established in the agreement between the parties. If it is impossible to reach an agreement, then the ex-wife goes to court.

The decision on what percentage of the salary will go towards alimony for the wife and child is made based on the financial and marital status of the parties. Usually this is an amount in the range of 5–10 thousand rubles. monthly.

But if the ex-wife enters into a new marriage, then the alimony obligations for her cease. This means that the ex-husband is no longer obliged to pay her alimony (this does not apply to the child).

Changing alimony from interest to a fixed amount: when is it beneficial?

It is possible to change the way payments are collected, and this can be done by the ex-spouse if she so chooses.

Switching from interest payments to a fixed amount is beneficial if:

• the ex-husband (father of the child), who pays alimony, opened his own business (became an individual entrepreneur);
• the alimony payer has income other than wages;
• He has a seasonal, unstable income.

But the fixed amount of payment of penalties also has its disadvantages. So, if the court does not establish the indexation percentage, then the awarded funds in hard form will depreciate over time due to inflation. In addition, switching to a fixed payment amount is a lengthy legal process.

Of course, ideally, the amount of alimony is determined by the former spouses by agreement of the parties.

But if a parent who abandoned his family refuses to pay child support, he will be forced to do so in court.

Thus, the amount of alimony for 1 child as a percentage is 25% of his salary. In some situations, by court decision, this indicator may be reduced or increased depending on circumstances such as the financial and marital status of the parties, the child’s disability, etc.

Video: Child support and its amount

Similar articles:

1. Facebook
2. Twitter
3. In contact with
4. Classmates
5. Google+

What percentage of salary is alimony in 2023?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call 8 (499) 288-21-40. It's fast and free!

Most often, courts award alimony as a percentage of salary. This is the simplest and most convenient option for all parties. Moreover, this option is much easier to control, which is a big plus. From this article you will learn how much alimony you need to pay in 2023.

Here's how the payout percentage will change:

If one of the parties disagrees, then their claims and evidence will need to be presented at the court hearing. You also need to remember that the court may order additional payments if necessary.

In addition, there are a number of reasons why the amount of payments may be reduced. Here are some of them:

• injury or illness to the defendant;
• receiving disability;
• decrease in income level;
• loss of a job: in this case, it is possible to establish the amount of payments in a fixed amount;
• the appearance of new children in the defendant’s family;
• assignment of additional alimony to other family members, for example, to parents.

What income can be recovered from?

Our legislation seriously monitors all the norms and rules that are established in the Family Code. For this reason, the parent who is responsible for making the payments must do so on all of their income.

Let's list some of them:

• all salary receipts;
• any bonuses and additional incentives at work;
• money from financial assistance;
• income from severance pay or vacation money provided by the employer;
• any income from securities;
• income from renting out your property;
• funds from pension;
• scholarships if the parent is studying.

How to get

There are two possible design options:

1. The simplest and best solution is a voluntary solution to this problem. To do this, both parties must draw up a written agreement, which will indicate the amount and procedure for payments. After this, the agreement must be taken to a notary and certified. Only then will it have legal force.
2. 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 file a claim, then you will definitely need to provide all the information about the child and parents. Also indicate whether you currently live with your second spouse or not. List all the expenses you have during the month. It will be great if you can document everything. To do this, you need to attach copies of receipts 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 indicate what percentage of his income you expect.

Here is a short list of documents that must be attached to the application:

• birth certificate of a son or daughter;
• certificate confirming marriage or divorce;
• copies of passports;
• copies of expense documents, sales receipts.

If other documents are needed, they will definitely say so at the court hearing.

Questions and answers

Ekaterina
Good afternoon. My husband recently told me that he wants to divorce me. He also said that he wants to take our son after the divorce. He has a good job and earns more than me.

He says that the judge will definitely leave him with him. I do not believe in this. I want to leave my son with me. In addition, I want to file a claim for alimony.

What percentage of his salary will he have to pay?

Answer
In your situation, the judge will leave your son with you. There is a lot of judicial practice on divorce; children are almost always left with their mother. Be sure to file for alimony. If your husband no longer has children, then alimony will be 25% of his salary.

Anna
Hello. My husband has two daughters from a previous marriage. He and I also recently had a daughter. Now my husband wants to file for divorce. I know that he pays alimony for children from his previous marriage. 33% is taken from his salary. Tell me, if after the divorce I file for alimony for our daughter, how much percentage of my 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 among all children. Alimony is paid monthly. The exact amount will have to be calculated by the bailiffs.

Olesya
Tell me, what amount of alimony will be collected from the ex-spouse for one son? The child's mother is a student and does not work anywhere.

Answer
According to our laws, ¼ of the income of the former spouse will be collected. In addition, the son has not yet turned three years old, he can collect alimony for the maintenance of his mother. The exact size will be determined at the court hearing.

Andrey
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 indicated salary, the amount is 20,000 rubles.

Natalya
My husband has a son from his first marriage. He pays him alimony in the amount of 25% of his salary. Now he is married to me, we recently had a daughter. I also have another child, but he does not have a father. I didn’t even list anyone on my birth certificate. Can I now apply for child support to my husband? What percentage of his salary will he be charged?

Answer
Child support can only be collected from natural children. You can file a claim in court to collect alimony for your daughter. It turns out that the husband will have to make payments for the children from his first and second marriage. According to Russian law, the amount of alimony for two children is 33%.

Svetlana
One man and I registered our marriage about a year ago. Two months ago, he and I had a girl. The husband is not interested in the child at all. After work, he goes for walks who knows where, buys practically nothing for the child and does not help in any way. Is it possible to collect alimony from him without a divorce? If so, what percentage of the salary will he have to pay?

Answer
Yes, you can file for alimony, even without a divorce. The amount of alimony for one child is 25% of the spouse’s income.

Alimony: what percentage of salary?

One of the fundamental responsibilities of parents according to the Family Code is to support their own children until they reach adulthood. Usually, questions about the procedure for fulfilling these duties do not arise in two-parent families, where parents together raise common children living with them. In the event of a divorce, one of the parents begins to live separately.

In such situations, the nominal problem of maintaining the financial well-being of the child is usually solved by paying alimony.

If a citizen whose obligations include paying alimony is an employee under an employment contract, then his employer has a completely logical question: what percentage of the salary is alimony, and what is the procedure for deducting it.

What percentage of salary is alimony paid?

The legislation provides for the share principle of calculating the amount of alimony. The percentage of salary withheld in favor of one child is 25%. 1/3 of the salary is transferred to two children. For three or more – half of the income received. These figures are stated in Article 81 of the Family Code. But this is far from the only way to calculate alimony.

Firstly, the size of shares can be revised based on a court decision - in this case, factors of the financial situation of the parties and other valid reasons are taken into account.

Secondly, the law allows the use of a fixed amount of child support. The question of how much percentage of the salary the employee will pay in this case becomes somewhat irrelevant in this case.

A similar method of withholding alimony can also be prescribed by a court decision. At the same time, the court may order a withholding, which will be a certain percentage of the salary plus a fixed amount.

The latter is practiced in cases where the defendant’s earnings are unstable and are partially paid in kind or in foreign currency.

Further, the parties can independently agree on the amount of alimony based on the agreement of the parties.

How to withhold alimony from your salary

One way or another, the employer withholds alimony and transfers it in favor of the recipient on the basis of a document - a writ of execution - a court decision drawn up for such cases, or a copy of the agreement of the parties.

And in this case, the following rule comes into force: the amount of all alimony payments in favor of minor children, which is withheld by the employer, cannot exceed 70% of the salary (Article 138 of the Labor Code of the Russian Federation).

If an employee’s salary, or more precisely 70% of it in a particular month, was not enough to cover the debt, then the balance is carried over to the next month. However, if the writ of execution involves monthly deductions, then this most likely will not solve the problem.

It is important for the employer to remember that in situations where the withheld alimony is some percentage of the salary, the calculation must be made from net income, that is, from the amount already minus personal income tax.

This fact gives the right to a divorced parent whose children do not live with him to take advantage of the “children’s” deduction for personal income tax.

Let us remind you that for the first and second children it is 1,400 rubles each, for the third and subsequent children – 3,000 rubles each.

At the same time, the calculation of the “alimony base” includes not only regular monthly accruals, but also other labor payments - bonuses, vacation pay, temporary disability benefits, and so on. All types of payments from which alimony can be withheld are given in the corresponding list approved by Decree of the Government of the Russian Federation of July 18, 1996 No. 841.

An example of calculating and withholding alimony

Salary of employee Petrov S.V. is 60,000.00 rubles.

Based on a writ of execution drawn up in court, alimony in the amount of 1/3 of the monthly income in favor of two minor children must be collected from him.

This month, in addition to payroll, the employee was paid a quarterly bonus in the amount of 20,000.00 rubles. The employee wrote an application for a child benefit.

• The employee's income minus personal income tax will be:
• 80,000.00 - (80,000.00 - 1400.00 x 2) x 13% = 69,964.00 rubles.
• Amount of alimony to be transferred:
• 69,964.00 / 3 = 23,321.33 rubles.
• The employee will receive:
• 69 964,00 — 23 321,33 = 46 642,67

Alimony as a percentage of salary

Alimony as a share of income is most often exacted from minor children . What percentage of child support will be collected depends on the number of children (one, two or three) for whom funds must be paid.

Despite the norm of shared withholding established by law, the amount and method of alimony payments can be changed up or down if one of the parties re-applies to the court if there are good reasons.

How is salary alimony calculated?

The percentage (share) method of calculating alimony is the most common and is regulated by Article 81 of the Family Code (FC) of the Russian Federation. In order for alimony payments to be withheld from an employee’s salary in proportion to his income, it is necessary that the payer’s place of employment and his income can be officially confirmed in court.

The parents of the child, becoming parties to alimony legal relations - the payer and the recipient - each in their own interests are primarily interested in the issue of the amount of alimony payments . However, not everyone understands that the monthly amount of alimony is an amount that directly depends on several factors:

1. Based on the number of children in need of child support.
2. From the method of accrual of funds: in shares, a fixed amount of money, mixed.
3. The presence or absence of debt on previously assigned payments.

The maximum percentage of alimony withholding from the alimony payer’s salary can reach 70 percent (Part 3 of Article 99 of Federal Law No. 229-FZ “On Enforcement Proceedings”) - for example, if there is alimony debt for previous months. However, initially alimony cannot be awarded in this amount.

4. The amount of the salary of the person liable for alimony (if the funds are assigned as a percentage of the salary).

With the shared method of collecting alimony, its amount is determined as a percentage of the salary . The main difficulty is determining the types of income (and documenting the facts of their receipt) from which alimony should be withheld.

How to correctly calculate alimony from salary?

Collection of alimony from employees' wages is made after taxation. That is, the previously indicated percentages are taken from net wages - after withholding income tax (personal income tax = 13%).

Example. If the official salary of the parent liable for child support is 26,000 rubles. per month, then he himself could receive only 22,620 rubles from the employer. (13% of 26000). From this amount as a percentage of the salary, alimony will be calculated:

• for one child they will amount to 1/4 of the salary (or 25%): 22620 / 4 = 5655 rubles.
• Child support for two children will be 1/3 (percentage - 33.3): 22620 / 3 = 7540 rubles.
• for three children or more, 1/2 (50%) of earnings is paid monthly: 22620 / 2 = 11310 rubles.

You can find out more information about the dependence of the percentage of alimony on the number of children in need in our article

→ Child support ←

The official document regulating the list of income subject to alimony taxation is Decree of the Government of the Russian Federation No. 841 of July 18, 1996 “List of types of wages and other income from which alimony is withheld for minor children.”

According to it, funds in favor of the claimant are withheld from:

• all types of wages at the main place of work, as well as part-time, including:
  • from bonus payments;
  • additional payments for complexity, tension, overtime, going to work on weekends and holidays;
  • vacation pay for types of vacation paid according to the Labor Code of the Russian Federation;
  • from salary allowances;
  • remunerations and additional payments to teachers and doctors;
  • with salary and remuneration;
  • fees;
• monetary allowances for military personnel and employees of the Ministry of Internal Affairs, fire service, customs, and drug control;
• income:
• pensions;
• sick leave;
• unemployment benefits;
• scholarships;
• doctoral payments;
• compensation payments from the federal and local budgets;
• wages of convicts.

From what income is child support not withheld?

The list of income not subject to withholding for alimony is established by Article 101 of Federal Law No. 229-FZ and includes:

• labor payments: travel allowances, for tool wear, for the birth of a child or death of a relative, marriage registration;
• funds for compensation of vouchers issued by the employer for the health improvement of employees and members of their families;
• amounts received for compensation:
  • harm caused to health by third parties;
  • loss of a breadwinner;
  • being injured or injured in the performance of official duties;
• compensation payments for caring for disabled persons, for travel, for purchasing medicines;
• the alimony itself;
• benefits for citizens with children;
• maternal capital;
• survivor's pension;
• funeral benefit.

How is alimony withheld from wages?

There are two ways to encourage a parent to help their child financially :

Voluntary payment of alimony as a percentage of salary

A notarial agreement can be concluded only if both parents have fully agreed on the procedure, amount, frequency, payment period and agree to these conditions regarding all points without exception. If you are ready to enter into a notarial agreement on the maintenance of a child, parents (and the minor himself upon reaching his 14th birthday) must visit the notary’s office with a list of documents:

1. Passports of the parties.
2. Child's birth certificate (in any case, since this is a document confirming relationship).
3. Certificate of salary from the place of work of the future payer (if there is a place of work).

The cost of providing the service of drawing up a voluntary alimony agreement at a notary’s office in 2023 differs depending on the region of residence. On average, this service costs about 5,000 rubles, but it is better to check the final amount directly with a notary .

• Answer a few simple questions and get a selection of site materials for your case ↙

During the conclusion of the agreement, the amount of payments and their frequency are determined by the parents independently, however, payments to minors cannot be lower than what the claimant could approve when going to court (Article 103 of the RF IC) - that is:

• not less than 25 percent per child;
• not less than 33% for two minor children;
• at least 50% - for three children or more.

Forced collection of alimony payments

The procedure depends on what form of judicial collection of alimony the plaintiff resorts to - simplified (obtaining a court order) or a lawsuit.

1. When submitting an application to the court for the issuance of a court order , the recoverer of funds must have the exact address of the defendant and have reliable information about his place of work. Such an application is submitted to the magistrate’s court at the place of residence of the plaintiff or the defendant (to choose from, whichever is more convenient for the applicant party). If the court order is appealed by the defendant, the plaintiff will have to go to court again - only this time in a full-fledged lawsuit.
2. The statement of claim for the recovery of alimony has the world jurisdiction , again at the place of residence of the plaintiff or defendant (at the request of the applicant), must contain information about the claimant, the defendant and the child and involves a procedural consideration of the case (i.e. a court hearing is scheduled, documents are examined, material and the marital status of the parties, the parents’ arguments on the merits of the claim are heard).

After the court decision enters into legal force, a writ of execution is issued, which is transferred to the bailiff service, where the official - the bailiff - is obliged to initiate enforcement proceedings against the future payer and ensure that alimony payments begin to flow to the claimant.

Who calculates alimony from an employee's salary?

The place of work of the alimony payer (organization, employer enterprise) has a statutory obligation to withhold alimony payments from the employee’s wages on the basis of the original of the received writ of execution, which may be the originals of the following documents:

• writ of execution;
• court order;
• alimony agreement.

The main question is how these documents can be transferred to the place of work to deduct alimony from wages. For this purpose, the law provides two main possibilities:

• the writ of execution can be transferred to the bailiff service , where the relevant official will be obliged to initiate enforcement proceedings against the future payer and ensure that alimony payments begin to flow to the claimant;
• The claimant can transfer a writ of execution to withhold funds from the alimony worker’s earnings directly to his place of work , bypassing the bailiff service.

After receiving one of the enforcement documents, the administration of the place of employment of the employee liable for alimony must, no later than three days from the date of calculation of the employee’s wages, monthly transfer alimony payments to the recipient’s account in the percentage of earnings established by the court (Article 109 of the RF IC).

Collection of alimony: at the place of work or through bailiffs?

Although the legislation leaves the right of choice to the claimant himself, it is better for him not to rush and not risk making independent attempts to instantly transfer the enforcement documentation to the payer’s place of work, ignoring the role of the bailiff in this process.

There are three main reasons for this:

1. It is not safe. By law, any place of employment is required to work only with the original document of execution and there is always a risk of its loss (loss), which will entail a procedure for the mandatory restoration of this important document through the court. It will be more problematic for the claimant to do this without the help of a bailiff.
2. It's less controllable. The fact is that bailiffs are vested with the authority to check accounting departments for the correctness of withholding funds in favor of the recipient, which is not available to an individual - the collector. Therefore, identifying facts of underpayment or late payment when independently transferring a writ of execution at the place of work will be problematic.
3. When the alimony worker is dismissed from the workplace, the recipient of alimony will in any case have to contact the bailiff service so that authorized officials begin to take effective measures to collect the resulting debt from the non-working parent.

In other words, it is more expedient and safer for the claimant to initially contact the bailiff service and initiate enforcement proceedings, since the powers of an official are broader and more effective than the personal initiative of an individual.

Changing the amount of alimony collected

• , a balance of interests of the parties must be observed :
• it is impossible to neglect the situation of the payer if it has changed for the worse due to circumstances beyond his control (just as it is unfair not to take into account the deterioration of the situation of the claimant if the established amount of funds for the maintenance of the child is not enough for him).
• Art. 119 of the RF IC provides for the opportunity for the claimant and payer of alimony to come up with an initiative to change:

1. The size of the percentage withholding of alimony (for example, a decrease or increase in the share).

Example. Nikolai K. has a son from his first marriage, for whose maintenance alimony in the amount of 25% of earnings was collected. Receiving a salary equal to 30,000 rubles. after taxation, 7,500 rubles are paid per child per month, and 22,500 rubles. Nikolai receives it in his arms. Having remarried, a daughter was born into Nikolai’s new family. Two years later, despite living together, the second wife filed for alimony. Since for the maintenance of two children, as a percentage, funds are collected in the amount of 1/3 of the earnings, the alimony withholding from Nikolai began to be: 30,000 / 3 = 10,000 - the total amount of alimony for two children, of which 10,000 / 2 = 5,000 rub. for each child. Those. in fact, the means to pay the first son decreased by 2,500 rubles, and alimony for the daughter actually remained with Nikolai, since he did not leave the family.

2. The method of collecting alimony (for example, from a percentage of salary to a fixed sum of money).

Example. Olga M. received alimony in shares of wages in the amount of 1/4 of her husband’s official earnings. Receivable alimony payments amounted to no more than 1,900 rubles. per month, since the ex-spouse had earnings equal to the minimum wage according to salary documents - 7,550 rubles.

Olga knew that her husband’s “gray” salary was much higher, since in a short period of time he made repairs in his apartment and purchased a car on credit. Olga filed a lawsuit to change the method of collecting alimony with a share of a fixed sum of 6,000 rubles.

, since payments in shares do not meet the needs of the child and cannot cover the expenses of her son equally with her. The court took into account the arguments regarding the renovation carried out by the defendant in the apartment and assessed that a loan was issued for him, the payment for which was 18,000 rubles. monthly.

As a result, it turned out that the defendant’s income clearly exceeded RUB 7,750. and Olga’s claims were satisfied in full.

To reduce or increase the amount of alimony funds, you must:

1. Draw up a statement of claim “On changing the amount of alimony.”
2. Submit the claim to the magistrate's court in alternative jurisdiction (i.e., at the place of residence of the plaintiff or defendant).
3. Attach documents confirming previously collected alimony and its amount (copy of the writ of execution, agreement or court order).
4. Justify new requirements and give reasons for them.

At the court hearing, the judge listens to the parties, assesses the current situation of the claimant or payer, takes into account the evidence presented and makes a decision to satisfy the claim or leave the previously made decision unchanged.

However, it must be remembered that the arguments for changing the previously established amount (especially downward) must be quite compelling and respectful:

• serious illness of the payer or his close relatives, requiring material investments;
• acquisition of disability (up to dependency), etc.

A reduction in wages, dismissal or layoff of a payer, or his imprisonment are not considered valid reasons for reducing child support payments.

Alimony as a percentage

The main method of assigning alimony is the percentage (or share) method of withholding funds from the periodic income of the alimony-obliged person, the regulations of which are established by Art. 81 of the Family Code (SC) of the Russian Federation.

At the same time, the periodic income of the alimony worker is not only his salary, but also other income that generates profit, the list of which is reflected in the 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.”

If alimony is collected through the court, its payment is assigned monthly, if under a notarial agreement, the principle of monthly payment can be deviated and a different payment procedure can be determined by mutual agreement of the parties.

If the payer is unemployed (or works unofficially), receives a salary in foreign currency or in kind, or the shared withholding significantly violates the interests of the recipient, the funds are assigned in a fixed amount (Article 83 of the RF IC).

The amount of alimony in a fixed amount is tied to the minimum subsistence level, and most often amounts to half of it (due to the equal responsibility of parents to support their minor children).

What percentage of your salary goes towards alimony?

The shared method of assigning funds is the most common. In order to keep alimony as a share of the payer’s income, it is necessary that the latter have this very periodic income: salary, pension, scholarship, funds from renting property, etc.

According to Art. 81 of the RF IC, the share of alimony deductions from the income of the person obligated to pay depends on the number of children in need of alimony (and not on the total number of children) and is:

• in favor of one child – 1/4 share of income (25%);
• for the maintenance of two children - 1/3 of the income (33%);
• for the maintenance of three or more needy children - at least 50% (1/2 share) of the defendant’s earnings.

Example. With Igor L.’s salary of 24,000 rubles. alimony for 1 child will be monthly 24,000 / 4 = 6,000 rubles; for two children – 24,000 / 3 = 8,000 rubles; in favor of three or more children – 24,000 rubles. / 2 = 12,000 rub. If Igor had a child support debt, up to 70% of the funds, or 16,800 rubles, could be withheld from his salary. until the debt is fully repaid.

Both the claimant and the payer of the funds need to know that alimony is calculated from the amount of income after the withholding of personal income tax (Clause 1, Article 99 of Federal Law No. 229 “On Enforcement Proceedings”).

IMPORTANT! It should be noted that monthly funds for the maintenance of children are not made from one-time transactions for the sale of property (for example, when selling a car or apartment of the payer), since such actions are not periodic (performed once) and are not aimed at obtaining periodic profits. Moreover, alimony funds are amounts to meet the primary needs of the child, and not means for the unjust enrichment of the recipient. If the payer, for example, buys and resells apartments or cars on a regular basis, then such transactions with property can be classified as periodic and alimony can be collected from them.

Withholding of alimony from wages

Responsibility for calculating alimony from the employee’s salary lies with his employer; moreover, bailiffs are empowered to check the accounting department at the place of employment of the alimony worker for the correctness of deductions of funds in favor of the claimant (clause 16, part 1, article 64 of Federal Law No. 229 “On enforcement proceedings").

The procedure for calculating alimony from wages:

1. Funds are accrued only on the basis of:
   • notarial alimony agreement;
   • writ of execution (court order).
2. Alimony is paid monthly in the amount in which they are indicated for withholding in the executive document (court order, writ of execution, agreement), i.e. in a specified share of income or a fixed amount. The employer does not have the right to make any adjustments to the writ of execution or agreement, or change the method of collection or the amount of funds.
3. The funds must be received by the claimant no later than three days from the date of accrual of the employee’s wages (as well as vacation pay, sick leave, and bonuses).
4. Funds are deducted from wages after personal income tax is withheld .
5. The transfer of alimony from the employee’s salary in favor of the claimant is carried out at the expense of the alimony-obliged person (Clause 3 of Article 98 of Federal Law No. 229).

Example. If the payer Vitaly T. receives wages on the 1st day of each month, alimony to his ex-wife must be transferred no later than the 3rd day, respectively. If Vitaly goes on vacation from the 18th, vacation pay must be accrued to him in accordance with labor legislation three days before going on vacation - i.e. on the 15th, therefore, the spouse must receive alimony no later than the 18th. If the alimony claimant truly sees a violation of his rights by the employer of the alimony-obliged person, he can apply to the bailiff service with a request to check the accounting of the enterprise for the correctness and completeness of deductions (in the order Clause 1 Article 50, Clause 16 Part 1 Article 64 Federal Law No. 229).

Drawing up an agreement to pay alimony

If the future payer agrees with payments in favor of the child, such consent is best formalized by a notarial agreement (Articles 99, 100 of the RF IC). The condition for concluding a child support agreement is that the father and mother reach agreement on all aspects of future payments:

• size;
• frequency of deductions;
• method of transmission;
• payment period (until the age of majority or more).

A notarial agreement is convenient for parents in that they have the right to choose certain aspects that cannot be achieved in court (for example, funds can be paid not monthly, but less often, or they can support their child longer than until they are 18 years old, etc.).

However, a mandatory condition of the agreement is that the child retains the right to the amount of payments that the latter could count on when going to court (clause 2 of Article 103 of the RF IC).

Example. If Nikolai M.’s salary is 28,000 rubles. per month, in the alimony agreement it is impossible to indicate an amount less than 1/4 of the share in favor of one child from this earnings, i.e. less than 7,000 rub. per month, but a larger amount may be indicated in the agreement.

The cost of concluding a document is 5,250 rubles, the agreement is drawn up by a notary on the day both parents apply.

If one of the parents refuses to financially help their child (children), the second parent has the right to forcibly collect funds in court (Clause 2 of Article 80 of the RF IC).

Collection of alimony as a percentage through the court

There are two ways to apply to court for alimony:

1. submit an application to the magistrate's court for the issuance of a court order;
2. apply to the magistrate's court with a claim for alimony.

Application for a court order :

• may be filed against a defendant who has no child support obligations for other children;
• the court order is issued within 5 days from the receipt of the application from the claimant;
• court hearings in the case are not scheduled;
• the plaintiff has the right to assign alimony only in shares of income;
• the defendant has the right to appeal the court order within 10 days from the date of its issuance without giving a reason, as a result of which the claimant will have to re-apply to the court for alimony as a full-fledged lawsuit.

Statement of claim for alimony:

• is filed in the magistrate's court against the defendant despite his existing alimony obligations;
• may contain any method of collecting funds (percentage of salary, lump sum, mixed method);
• it is possible to establish payments from an unemployed person;
• the parties are summoned to court to participate in hearings on the case.

When applying for alimony to the court in any of the specified ways, the plaintiff-applicant is exempt from paying the state duty (clause 2, part 1, article 333.36 of the Tax Code of the Russian Federation).

The result of going to court should be a court order (or writ of execution) assigning a monthly amount (or share) of funds from the defendant to the creditor until the child reaches adulthood.

It is best to receive a court order (writ of execution) in court and independently submit it to the bailiff service to initiate enforcement proceedings and subsequently assign alimony payments.

From what income is alimony withheld?

Both the claimant of the funds and the payer are obliged to know that in the case of alimony being assigned as a share of income, not only wages, but also other types of periodic income of the alimony provider, established in the list of Decree of the Government of the Russian Federation of July 18, 1996 No. 841, are subject to withholding.

The following income is subject to alimony withholding:

• wages, both at the main place of employment and part-time (including the wages of convicted persons);
• all types of salary bonuses (for complexity, tension, overtime, irregular hours, work on weekends and holidays, work with state secrets, etc.);
• remuneration (bonus payments);
• fees;
• all types of remuneration and additional payments to medical and teaching staff;
• vacation pay;
• sick leave payments;
• pensions;
• scholarships;
• unemployment benefits;
• recurring income:
  • from leasing property;
  • from concluding civil contracts;
  • from engaging in entrepreneurial activity;
• payments to doctoral students;
• compensation payments from federal and local budgets;
• allowances for military personnel and internal affairs officers, drug control workers, firefighters, and customs officers.

If the alimony payer receives several types of official income, percentage alimony withholding is made from all available income in the percentage established in the executive document.

Example. Vladimir S. is obliged to contribute 1/4 of the income to his daughter. Vladimir is employed at FileCont LLC as an accountant, where he receives a salary of 30,000 rubles. In addition to the position of an accountant, the payer carries out part-time work in the same company, working on the company’s software; for these services he receives an additional payment of 10,000 rubles. monthly. As a result, monthly alimony payments in favor of the daughter are: (30,000 + 10,000) / 4 = 10,000 rubles.

What income cannot be levied?

Not all types of income are subject to alimony withholding. Payments from which the collection of alimony by bailiffs is considered illegal are listed in Art. 101 Federal Law No. 229 “On Enforcement Proceedings”:

• compensation amounts paid for compensation for damage to health;
• funeral benefit;
• payments provided to the injured person in case of injury at work;
• alimony (to the citizen himself, his needy child);
• survivor's pension;
• social benefits for children;
• maternity capital funds;
• payments related to labor relations:
• travel expenses;
• means for wear of working tools;
• financial assistance for the birth of a child, marriage, death of a relative;
• compensation payments for vouchers offered by the employer for the improvement of the health of the working person and his family members.

If a bailiff has ordered the recovery of alimony for one of the payments in this list, the payer has the right to challenge such actions of the official and return his funds.

What percentage of salary is alimony?

During a divorce, parents determine which of them will have the child or children with them. Anyone who leaves the family must pay alimony. This money goes to the maintenance of minors. What percentage of salary is alimony? We will tell you how to calculate this amount and how it is collected in the material presented.

To determine what percentage of your salary is child support, you must take into account the following factors when calculating:

• a voluntary agreement may establish the amount of alimony determined by the parties;
• the payer has a permanent income and place of work. To understand how much percentage of the salary alimony is paid, it is necessary to take into account that more often the courts collect a share of earnings for child support, and from a citizen who is not working or is hiding his income - in a fixed amount or as a percentage of the minimum wage or average earnings;
• Alimony can also be established in kind through the provision of property by voluntary agreement;
• payment terms - every month, quarter, one-time, etc. Monthly payments are more common;
• The amount of alimony is also affected by the number of children: the legislation provides for 0.25 of the total income for one child, 0.33 for two children, no more than 0.5 of earnings for three, four, five or more children. Child support will be divided equally between the children, no matter how many there are, but the payer cannot pay more than half of his earnings.

Why do you need to know how much percent is withdrawn from your salary for alimony?

In the organization where the alimony worker works, such payments are calculated by the employer or accounting employees. Citizens are often interested in how much percentage of their salary they need to pay alimony in order to plan their expenses.

The employer's responsibilities include calculating, withholding and transferring alimony to the recipient's account.

After receiving a writ of execution by mail, the accountant accepts the document, even if the employee does not ask for it. The document contains complete information about the amount and procedure for penalties.

The employer does not have the right to refuse to fulfill the obligation assigned to him to execute a court decision, to arbitrarily reduce the amount of alimony payments, or to stop the enforcement document without good reason.

Types of alimony income that are subject to foreclosure

Lists of incomes that are subject to penalties for alimony obligations have been established:

• salary for actual time worked;
• additional income for overtime work;
• salary supplements;
• bonuses;
• pension;
• scholarship;
• vacation pay;
• entrepreneur's income;
• temporary disability payments;
• unemployment benefit;
• awards.
• Alimony is not collected from the following income:
• compensation payments for therapeutic and preventive nutrition in connection with the replacement of worn-out tools belonging to the employee;
• travel expenses;
• social benefits;
• maternal capital;
• benefits for pregnant and postpartum women;
• severance pay upon liquidation of an enterprise;
• material assistance in connection with birth and death, disaster, etc.;
• payments for alimony obligations;
• benefits for child care or birth.

For all questions related to the amount of alimony deductions from wages and other types of income, you can contact our specialists for a consultation through the form on the website or by phone. Lawyers will help you calculate the amount of alimony you have to pay, draw up a settlement agreement with your spouse, and, if necessary, can even achieve a reduction in the amount of alimony.