How to calculate child support for one child, formula and example

We all know that only a few fathers regularly fulfill their responsibilities to the child, who, after a divorce, lives with his mother, and help him financially in order to meet the needs of life. If the mother’s requests for help jointly supporting a common child do not equally achieve the desired result, then she is forced to go to court to force the collection of alimony.

But even such measures do not always force an unscrupulous parent to fulfill his duties to the child properly; as a result, all efforts lead to nothing. Therefore, before filing a lawsuit, the mother is interested in the question: “What amount of alimony will be paid to her by law for a child or for several children?”

According to the Family Code, for the maintenance of one child, the alimony payer is obliged to pay 25% of his earnings, for two - 33%, for three or more than 50% (Article 81 of the RF IC). This scheme is applicable for working fathers.

For those who are temporarily unemployed, the court can establish a fixed form of payments, based on the level of the cost of living in a particular region.

That is, each case is individual, but you can still try to calculate the approximate amount of alimony if you know the father’s income. This can be done using the online calculator on our website.

How to calculate child support using a calculator

An online child support calculator helps you quickly calculate the amount you can claim after filing a claim in court to recover financial support for a child. If you are not entirely sure how to use the calculator correctly, please read the calculation instructions below.

1. First field: mark the number of common children for whom you plan to receive child support. Depending on the number of children, a certain percentage of the parent’s income will be taken.
2. The next field is “Income”, enter the father’s monthly salary here.
3. The “personal income tax” field must be taken into account in the calculator when the total amount of income is indicated without deducting tax.
4. The last column is “Additional income”; we also indicate them if the alimony payer has other amounts of income, for example, renting out housing or having a deposit in a bank on which he receives monthly interest. That is, it indicates the amount that can be cited as evidence of additional earnings in court.
5. If everything is filled out correctly, click “Calculate”. After this, the alimony calculator will give you the correct amount of payments.

When calculating monthly alimony payments, it is important to know whether the alimony payer has other dependents, for example, children from another marriage or disabled parents, as this will directly affect the amount of deductions.

A very important point during the calculation is whether personal income tax is calculated or not (13% of the total charges).

And if you find out exactly the amount of accruals by the employer, without tax withholding by the accounting department, then put “Yes”.

Examples of calculating alimony using a calculator

You understand how to calculate alimony online by using a calculator. Now let’s give an example with numbers for a better understanding of how it works.

Example 1

After the divorce, two children live with their mother. She wants to file for child support. The ex-husband receives 35,000 rubles in hand. He has no outside income. So, the amount of alimony will be equal to:

1. In the first field, mark the number of minor children – “2”.
2. In the second we set the salary amount - “35,000”.
3. Next, in the personal income tax field, mark “No”.
4. We put the same thing in the additional income column - “No”.

Thus, 35,000 * 0.33 = 11,550 rubles for 2 children.

Example 2

Now for a more complex calculation example. Here, before entering data into the calculator, you will need to make independent calculations. So, after the divorce, two children live with you. The total amount of the father's accrued salary is 49,000 rubles. In addition, he has another child from his first marriage, for whom he also pays alimony.

1. We calculate net income: 49,000-13% = 42,630 rubles.
2. We subtract payments for one child from the first marriage: 42,630 – 25% = 32,000 rubles.
3. Now we calculate the amount of child support for your two children: 32,000*33%=10,560 rubles.

Example 3

The last example of calculation will be given for a non-working father and the presence of one minor dependent. It is very important here whether he is registered for unemployment or not.

If he has a minimum unemployment benefit, for example, 7,900 rubles (this figure is different for each region), then this amount is entered in the first earnings field.

Income tax is not calculated from state benefits, so we enter only the number of children and click “Calculate”. Total: 7900*0.25% = 1975 rubles.

Thus, anyone can calculate the amount of future alimony using an online calculator. The main thing here is to enter all the data correctly. And if the father’s income is not fixed, then it will be necessary to recalculate separately for each month. This will only take you a couple of seconds.

How can the accounting department correctly calculate the amount of alimony?

To avoid mistakes, you should carefully study the current legislation of the Russian Federation.

Parental Agreement

An alimony agreement is a voluntary agreement between the recipient and the payer, which establishes the timing of transfers, their amount and payment procedure.

The advantages of such regulation are the following:

• Protecting the rights of the child . The alimony agreement and the writ of execution have equal legal force. This means that in case of refusal to fulfill obligations by the payer, the recipient can turn to the bailiff service for help. Thus, in order to guarantee the transfer of alimony, it is not necessary to resolve the issue in court.
• Self-regulation of the amount . The agreement allows you to set a payment amount that satisfies both parties. The writ of execution determines their value based on the standards recommended by the state. However, when concluding an agreement, it is worth considering that the amount of payments must be justified and must correspond to the real level of the parent’s salary. Also, the amount of alimony cannot be lower than the norms established by law.
• Setting fines . An amicable agreement between the parties allows you to independently determine the most convenient payment procedure, the amount of sanctions for late payments and other nuances. The state regulates a fine of 0.1% of the debt amount for each day of delay in deductions.
• Possibility of voluntary establishment of obligations . An alimony agreement can be concluded not only in the event of a divorce between parents with minor children. Often such an agreement is drawn up to establish the amount of payments in favor of a child who has reached the age of 18 but is studying at a university. Also, an agreement can be concluded if the spouses do not actually live together, but are not officially divorced.

A properly executed document must meet certain requirements:

• it must be in writing; oral agreements are not allowed;
• the rights of the child must not be violated or their existing financial situation worsened;
• the parties must agree with all points of the document, otherwise all disputes are resolved in court;
• Notarization is required; a specialist checks the compliance of all clauses of the contract with current legislation.

Retention Rules

Alimony is withheld from the employee’s salary based on one of two documents:

1. A properly executed alimony agreement.
2. A writ of execution or a court decision.

Deductions are made from the following types of income:

• wages, including in kind;
• salary and other payments for time worked to persons holding positions in government bodies of the Russian Federation, including municipal employees;
• fees for editorial staff and art organizations;
• payments related to the peculiarities of working conditions;
• bonuses and additional payments for length of service, qualifications, class management of teachers, etc.;
• all types of pensions, taking into account bonuses and increases;
• scholarships;
• maintained average wage, that is, unemployment benefits;
• Other income.

The full list was approved by Decree of the Government of the Russian Federation No. 841 of July 18, 1996.

The legislation also defines income from which alimony is not withheld. These include:

• compensation related to compensation for harm caused to life and health;
• survivor pensions;
• compensation transferred on the basis of a business trip, transfer to work in another area;
• reimbursement of the cost of worn-out tools belonging to the employee;
• amounts transferred in connection with injury during the performance of official duties;
• one-time financial assistance;
• Social insurance benefits, with the exception of sick leave payments.

In accordance with current legislation, alimony amounts under writs of execution or agreement are calculated and withheld in the amount of:

• for one child - 1/4 of the income, that is, 25% of wages and other income;
• for 2 children - 1/3 or 33% monthly;
• for 3 children or more - 1/2 of the income, that is, 50% .

In some cases, the court may order a payment in a fixed amount:

• the payer’s income is irregular;
• no official income;
• the payer receives the salary in foreign currency or in kind.

The maximum amount of deductions is also regulated by law. More than 50% cannot be deducted from the salary due to the employee . However, there are some exceptions that allow you to increase this limit:

• Child support for minor children can be up to 70% of a person’s income;
• The employee is deducted amounts under several writs of execution at once.

Calculation procedure and examples

The payment algorithm is as follows:

1. Payroll in accordance with the employment contract.
2. Withholding income tax in the amount of 13%, taking into account the required benefits.
3. Calculation of the amount of alimony due to the employee’s salary in accordance with the writ of execution or agreement.
4. Transfer of the established amount to the recipient's current account.

The calculation process depends on many factors, for example, the number of writs of execution, the size of deductions, and the nature of payments.

Example of calculation for one child

In February 2016, the salary of an employee of Progress LLC amounted to 34 thousand rubles. It is necessary to calculate the amount of alimony. The amount of deductions is equal to 25% of income. The employee also has the right to a tax deduction in the amount of 1,400 rubles. for one child.

Calculation:

1. Personal income tax is withheld from the salary: (34 - 1.4) * 13% = 4.238 thousand rubles.
2. The amount due to the employee was determined: 34 - 4.238 = 29.762 thousand rubles.
3. Alimony withheld: 29,762 * 25% = 7,441 thousand rubles.
4. Salary payable: 29,762 - 7,441 = 22,321 thousand rubles.

For two children

In February 2016, the engineer’s salary was 41 thousand rubles. According to the writ of execution, 1/3 of the income is to be transferred as alimony. The employee also has the right to a tax deduction in the amount of 1,400 rubles. for each child.

Calculation:

1. Personal income tax is withheld from the salary: (41 - 1.4 - 1.4) * 13% = 38.2 * 13% = 4.966 thousand rubles.
2. The amount due to the employee was determined: 41 - 4.966 = 36.034 thousand rubles.
3. Alimony withheld: 36,034 * 33% = 11,891 thousand rubles.
4. Salary payable: 36,034 - 11,891 = 24,143 thousand rubles.

For three children

Prestige LLC received a writ of execution, according to which employee P.G. Ivanov is obliged to pay child support for three minor children. The amount of deductions is 1/2 of income. For February 2016, 50 thousand rubles were accrued. wages. A tax deduction is provided in the amount of 1,400 rubles. for two children and 3000 rubles. for the third.

Calculation:

1. Personal income tax calculated: (50 - 1.4 - 1.4 - 3) * 13% = 44.2 * 13% = 5.746 thousand rubles.
2. Salary due to the employee: 50 - 5.746 = 44.254 thousand rubles.
3. The amount of alimony was determined: 44.254 * 50% = 22.127 thousand rubles.
4. Salary receivable: 44,254 - 22,127 = 22,127 thousand rubles.

In less than a month

Ander LLC received a writ of execution for payment of alimony in favor of one child by an employee of the enterprise. Based on the document, income is subject to withholding starting from February 19, 2016. For this month, the employee was accrued 26 thousand rubles. In February 2016 there were 20 working days.

Calculation:

1. In this case, alimony is withheld only from that part of the salary that was accrued for the period from February 19 to February 29.
2. The amount of earnings for 6 working days was determined: 26 / 20 * 6 = 7.8 thousand rubles.
3. Personal income tax accrued: 7.8 * 13% = 1.014 thousand rubles.
4. Salary due to the employee: 7.8 - 1.014 = 6.786 thousand rubles.
5. Alimony: 6,786 * 25% = 1,696 thousand rubles.
6. Salary receivable: 26 - (26 * 13%) - 1.696 = 26 - 3.38 - 1.696 = 20.924 thousand rubles.

Responsibility for violations

For failure to fulfill obligations to pay alimony, certain penalties are provided. It occurs in several areas of legislation at once:

Civil:

• if an alimony agreement has been concluded, then if obligations are not fulfilled, the sanctions provided for in this agreement will apply;
• Ignoring court decisions is punishable by a penalty for each day of delay; the amount of the fine is specified in the Family Code of the Russian Federation.

Criminal . Malicious evasion of one's obligations is punishable by a fine, execution or imprisonment. Their terms and amount are stipulated in the Criminal Code.

In this case, the debt is not repaid; after serving the sentence and paying fines, the person will have to repay the entire required amount.

How to calculate alimony - the amount required by law, what factors influence the amount of payments

The main responsibility of parents is to raise and provide for their minor child. Divorce or other conflicts between parents should not in any way affect the well-being of the child. If the parents cannot voluntarily agree on payments for the maintenance and support of the child, then the court will forcibly set the amount of alimony payments.

Regulations

The payment of child support is provided for by the law of the Russian Federation, which protects both the rights of the child and the rights of the parents. List of regulatory documents that regulate this issue:

• Family Code of the Russian Federation - it sets out in detail the provisions on the collection of alimony.
• Federal Law “On Enforcement Proceedings” of 2007.
• Government Decree.

Calculation of child support by voluntary agreement between parents

They go to court only when there is no longer any possibility of reaching an agreement. If parents voluntarily and peacefully resolve issues regarding the size, frequency and order of payment of money, this will greatly simplify the following actions.

It is best to formalize all the conditions in the form of a child support agreement - this is a written statement where the parents state all the conditions regarding payments to the child. The alimony agreement must be drawn up by a notary and must have legal force.

In this type of agreement, parents themselves can agree on the amount of payments. The only condition should be that the amount of alimony should not be less than the one that the court would assign. According to the law, a parent pays 25% of his official income for one child, for two - 33% of the official income, and if there are more than three, then 50% or higher.

The amount of child support is often calculated based on the parent's income. It can also be a fixed amount. Alimony can be paid monthly or quarterly - it all depends on the agreement of the parties. The following options are possible:

• Instead of alimony, there may be a parent's property.
• This may also be a one-time amount paid by the parent.

They often use the first method and receive alimony once a month in a fixed payment.

Calculation of alimony by the court

If the parents were unable to reach an agreement among themselves, the court will be able to help calculate child support and assign it. Child support is calculated depending on the number of children and the financial situation of the parents.

When filing a claim for alimony, you must provide a statement of the parents’ income and calculate an approximate budget. The court obliges the parent to pay alimony in accordance with the legislation of the Russian Federation.

The law also provides for a change in the amount of alimony if:

• the parent's payment status has changed;
• if the guardian does not have enough to support the child;
• if the alimony payer received an inheritance or acquired property.

The court may increase or decrease the amount of alimony depending on the situation.

Calculation and deduction of alimony from wages

After the court has ordered alimony and determined the amount of payments, the parents receive a writ of execution, which sets out the grounds for withholding part of the salary. Responsibility for fulfilling these conditions is also stated - the accrual lies with the accounting department of the company for which the payer works or with its management. Accounting department performs calculations and deductions.

Indexing

Indexation of the amount of alimony is possible if the writ of execution contains a provision on indexation of the amount of payments in the event of recalculations that are associated with changes in wages and the cost of living.

If the writ of execution does not specify the point about indexation, then it is carried out in accordance with Article 117 of the Family Code of the Russian Federation.

Accounting for income tax when withholding alimony

The fact is that, according to the law of the Russian Federation, alimony is withheld from net wages, that is, after deducting a tax of 13%. Thus, the law of the Russian Federation protects the rights of the payer from overpayments.

Maximum amount of deduction from wages

The labor and family legislation of the Russian Federation provides for the following points:

• limitation on withholding alimony payments over 70% of wages. The payer not only needs to support his children, but also himself.
• If alimony begins to exceed the possible payments of the payer (be above 70%), he has to file a counterclaim to change the amount of alimony payments.

How is child support calculated and withheld from wages?

• In order to understand how child support is calculated and withheld from the parent’s salary, we recommend that you familiarize yourself with the example:
• If a parent is employed in an official job and has regular income while supporting one child, deductions from his salary will be as follows:
• Consider that a parent receives 50,000 rubles per month. The first step is to deduct personal income tax from his income 50,000 * 13% = 6,500 rubles;
• Next, we subtract this amount from income: 50,000 – 6,500 = 43,500 rubles.
• Alimony payable will be 43,500*25% = 10,875 rubles.

Formula for calculating alimony in a fixed amount

If the parent is not employed and receives irregular wages or in foreign currency, then alimony will be assigned in the form of a fixed amount.

The amount is determined by the cost of living in the region in which the payer lives.

The fixed amount must be indicated in the writ of execution and is a monthly payment. If the cost of living changes, then the amount of alimony payments is indexed.

An example of calculating child support for a fixed amount:

• Let's imagine that a parent pays 1.5 subsistence minimum wages.
• In the first quarter of the year, the cost of living was 10,265 rubles. The amount of alimony was 1.5*10265=16352 rubles.
• In the second quarter, the cost of living changed and increased to 10,443 rubles.

At this moment, alimony is being indexed:

• The original amount of alimony was 1.59: 16352/10265=1.59.
• The index is 1.59
• To calculate the new payment amount you need: 104443 * 1.59 = 16635 rubles.

In this way, you can calculate a new amount of alimony if the situation with the cost of living changes.

Calculation of alimony debt

If the payer does not fulfill his obligations or pays incomplete amounts, he accumulates a liability in the amount of the debt. There is a whole range of calculations for calculating child support arrears:

• calculated on the basis of the salary if the parent is officially employed and his income is also official;
• calculated based on the average salary for the region in which the parent lives or for the country. This technique is used if the payer is not officially employed and does not have regular income.
• Based on the cost of living, if alimony is paid at a fixed amount.

Available options for how a person can find out alimony arrears:

• in person at the FSSP;
• online on the website.

The response is prepared in the form of a certificate, the statute of limitations of which is up to one month, starting from the date of production of the extract. In a month you will have to receive a new statement, since the alimony debt is recalculated monthly.

Information about the collection of arrears of alimony, having the name of the payer, can only be provided by the alimony payer himself or the recipient of the money (the child’s legal representative).

Third parties do not have the right to receive data, which is stipulated by the articles of the Federal Law “On the Protection of Personal Data”.

Is it necessary to withhold alimony from the advance payment?

According to the Labor Code of the Russian Federation, the employer is obliged to pay wages twice a month: the first payment is an advance, the second is wages.

According to Article 109 of the Family Code of the Russian Federation, alimony is withheld once a month. It does not make sense to withhold from the advance payment as it will complicate accounting and create confusion. Payments occur once a month, usually from the second salary payment.

What to do with child support if the child is 18 years old

How to calculate alimony in this situation?

Let’s say a child turns 18 on January 12, 2023. The parent's salary is 45,000 rubles. Accruals occur in a fixed amount monthly in the amount of 11,000 rubles. There are 17 working days in a month. There are only 3 working days until adulthood. Thus, the amount of alimony payable to the child is 11,000:17*3=1941.18 rubles.

Payments from which deduction of alimony is prohibited

There are a number of payments that a parent can receive and for which the obligation to pay child support cannot be imposed:

• payments are related to the health or death of the breadwinner;
• compensation for therapeutic and preventive nutrition;
• compensation related to business trips, transfers to other areas;
• compensation for injuries or any health benefits related to the Labor Code of the Russian Federation.
• Pension.
• Receiving sanitary-resort vouchers from the organization;
• State compensation.

Alimony is not deducted from amounts received in connection with the birth of a child, marriage registration, or death of relatives. Alimony is not withheld if the payer received compensation for wear and tear of a working tool.

How to calculate child support for one, two or more children? (instructions and calculation examples)

The collection of alimony today is the most common issue in judicial practice in civil cases. In this regard, a huge number of mothers, and sometimes also fathers, are interested in how to calculate child support? About this in our material.

Amount of alimony

The Family Code does not specify the specific amount of alimony due to each child. It wouldn't be logical. The calculation of child support for one child can be very different from the amount of payments for another. This may be caused by the following circumstances:

• When assigning payments, the financial situation of both the payer and the child himself is always taken into account. If the baby is seriously ill and needs monthly purchase of medications or ongoing paid therapy, then alimony will be assigned to him more than what is required for a healthy baby. The payer's salary is taken into account. If one alimony-paying father has a monthly income of 100,000 rubles, then for another he barely reaches the subsistence level in the region. Hence, the amount of payments for children will always be different in each case.
• It matters how the payments are established - through the court or through the parents’ formalization of a voluntary agreement. In the first case, alimony is most often assigned as a percentage of the income received by the defendant. The amount of payments depending on the number of children is determined in Article 81 of the Family Code. In a number of circumstances specified in the law, when it is difficult to assign payments in the form of interest, alimony is established in the form of a specific amount of money transferred to the child monthly. When drawing up an agreement, parents can choose any method of determining alimony - in the form of a percentage or a fixed amount of money. But there is a very important nuance. This amount can only be greater, but not less than that which could be assigned through the court.
• In the case of alimony collection through the court, the marital status of the defendant is examined. The number of children from other marriages a father has also affects the amount of payments due to the child. As a general rule, all children need equal care, education and material support.

Let us also note that when collecting alimony, the financial situation of the parent with whom the child lives and who mainly raises and supports him is never taken into account.

Even if the baby’s mother is well-off and her earnings are more than enough to provide for herself and the child, then alimony is still assigned to him.

Helping the child should be provided not by one parent, but by both - these are their equal responsibilities.

Required documents

In order to correctly calculate child support, you may need the following documents:

Document	Note
Judgment or court order	A decision is made when a claim is filed. The claim is filed in cases where disputes arise between parents regarding payments, when third parties are involved in the case, when it is problematic to establish payments as a percentage, i.e. under all complicating circumstances. If all these circumstances are absent, then the law allows you to go to court with a simple application for the collection of alimony, on which an order will be made.
Agreement drawn up by parents at a notary	It has the force of a court decision. Without the voluntary consent of each parent to payments, an agreement cannot be drawn up.
Performance list	It is drawn up by bailiffs and sent to the parent’s place of work, if he does not have one. If he is unemployed, then the writ of execution is handed to him personally.

Calculation formula

Next, we will analyze in detail all the nuances of calculating child support. Let's look at two cases: in a fixed amount of money and as a percentage of the parent's earnings.

In a fixed amount

The provisions of the law do not contain any special formula for calculating payments when determining a fixed amount of money.

Bill No. 489583-6, which determines the minimum amount of payments for children - no less than the subsistence level in force in a particular region, has still not been adopted.

However, at present, judges in their practical activities are based precisely on this indicator.

How to calculate the amount of alimony in a fixed amount after indexation? Let's give an example.

• Father of the child Sidorov O.P. by decision of the court, transfers money in the amount of 1.5 subsistence minimums for the city of St. Petersburg towards alimony.
• In the first quarter, the cost of living per child was 10,221.70 rubles. The amount of payments per child in the first quarter is 15,332.55 rubles. In the second quarter, the cost of living rose to 10,367.90 rubles.

Payments after indexation are calculated exactly like this:

• Alimony in the first quarter is 15,332.55 rubles / minimum indicator for the first quarter is 10,221.70 rubles = 1.5.
• Indexed size 1.5 × cost of living in the second quarter 10,367.90 rubles = 15,551.85 rubles. This is the final amount payable by Sidorov O.P. in the second quarter.

Let us give a second example of calculating alimony in a fixed amount of money after indexing the cost of living.

• The amount of alimony in the first quarter is 15,332.55 rubles.
• The ratio of the cost of living for the second quarter to the indicator for the first quarter: 10,367.90 rubles / 10,221.70 rubles = 1.01.
• Amount of alimony payable in the second quarter: 15,332.55 rubles × 1.014303 = 15,551.85 rubles. We get the same amount as in the first calculation.

In percentages

If the father is officially employed and receives wages regularly, then the amount of alimony due to the child will be ¼ of his income.

In addition to salaries, payments are withheld from bonuses, vacation pay, overtime, and compensation for part-time work.

A more detailed list of income from which child support is deducted is contained in Decree No. 841 of 1996.

How to calculate child support as a percentage for a child? First of all, mandatory income tax is withheld from the father's salary. It is 13%. Only after it is withheld are payments for children calculated. Let's give an example of how to calculate alimony as a percentage.

• Monthly salary of Petrova O.G. equal to 35,000 rubles. The court decided that he should pay 25% of it every month to his son. The calculation is carried out as follows:
• Salary without any deductions: 35,000 rubles.
• Tax deduction: 35,000 ×13% = 4,550 rubles.
• Alimony: 30,450 × 25% = 7,612.50 rubles.
• In fact, in the hands of O.G. Petrov. will receive only 22837.50 rubles.

If the father paying alimony is officially employed, then withholding alimony is the responsibility of his employer. If he is unemployed, then the responsibility for transferring payments falls entirely on his shoulders.

If alimony is transferred by the accounting department of the organization where the payer works, then payments are made to the recipient no later than three days from the date the salary is transferred.

Also pay attention to a convenient method of calculation - an online alimony calculator.

Calculate child support in 2023

The calculation is made either by a judge, if the issue is resolved in court, or by the parents themselves, if they were able to come to an agreement and decided to draw up a special agreement on payments with a notary. Let us repeat that in the latter case, payments can only be larger, but not less than those established by the court.

For one child

One child is entitled to ¼ of the paying parent's earnings. This amount is established in Article 81 of the Family Code. To monitor compliance with this rule, the notary requests a salary certificate from the paying parent.

According to the notarial agreement, if payments are assigned in the form of a certain amount of money, alimony for one child should not be less than ¼ of the father’s earnings.

For two children

For two children you can safely count on 33% of the income of the paying father. This amount is provided for by the same Article 81. It does not matter whether children were born from the same marriage or from different marriages.

• Sometimes it happens that the father pays 25% for the child from his first marriage.
• Then, alimony is collected from the second person in the amount of 25%.

Since, according to the articles of the Code, 33% is paid for two children, the father has the right to reduce the amount of payments for the maintenance of the first and second child, giving them equal shares - 16.5% each.

More than two children

If the payer has more than two children: three, four or five, then exactly half of his earnings are withheld for alimony. It is impossible to recover more than this amount. But the law contains a reservation in this regard.

If the father has arrears in child support, then according to the writ of execution in accordance with paragraph 3 of Article 99 of the Federal Law No. 229 of 2007, the entire 70% of the salary can be withheld.

We emphasize that such a large share of the salary is allowed to be collected as alimony payments specifically for minor children, and not for other family members.

Alimony from an unemployed person?

If a parent does not have an official job, this does not mean that he should not support his children. Let's say more, he is obliged to do this, even if he is deprived of parental rights. If rights are deprived, responsibilities remain. Calculation of alimony from an unemployed person can be done in different ways:

• in the form of interest, if at the time of awarding payments the payer was employed;
• in the form of a fixed amount of money;
• percentage of income, in this case, benefits, plus a fixed amount of money, if the share of the payer’s income is not enough to usually meet the needs of the baby.

If at the time of awarding alimony the payer is already unemployed, then alimony is most often awarded in the form of a fixed amount of money. The court does not care at all from what sources of income the father will transfer child support to the child. We also note that if the father is on the labor exchange, payments are also deducted from unemployment benefits.

Through court?

In most cases, the court orders child support payments in the form of a percentage of the father’s earnings. But there are exceptional cases in which alimony as a percentage of the defendant’s income cannot be assigned:

• when he doesn't work anywhere;
• when his salary is unstable or negligible to meet the needs of the child;
• when the paying parent receives income in foreign currency;
• other situations when it is difficult to prove the exact amount of the defendant’s income.

In all the cases described above, the court has no choice but to establish alimony in the form of a specific amount of money. And what this amount will be depends on the child’s usual standard of living, on the financial situation of the child support father and on the presence of other dependents.

Average salary indicator

Now let's talk about the execution of court decisions - about the payment of alimony. Unfortunately, not all parents who have child support obligations towards their children fulfill them in good faith.

Bailiffs apply a wide range of measures to such parents, starting with a conversation and ending with the application of fines, seizure of property and a petition to initiate a criminal case.

To determine the exact size of the debt, bailiffs often use the average salary used to calculate alimony.

From the name itself it is clear that this is information about the average salary of the working population in the country for a specific year. Rosstat establishes this information. According to the latest data, the average income of Russian citizens is 35,900 rubles.

In what cases do bailiffs make calculations based on the average salary:

• when the defendant does not officially work anywhere;
• when he did not submit to the bailiff service any documents indicating his work and the amount of income received;
• when he is not listed in the employment service records.

Calculation example

How to calculate alimony for one child, formula and example of calculating alimony for 1 child

Many parents who have to file for or pay child support would like to have at least a rough idea of ​​what amounts of money are due per child.

Is it possible to independently calculate alimony payments? This article is devoted to this issue.

What determines the amount of child support for one child?

The law does not establish the exact amount of money that a parent is supposed to pay to a minor child. Its size depends on numerous factors that are taken into account in the calculation.

Firstly , the amount of alimony depends on whether it is calculated and paid voluntarily or compulsorily.

For example, if parents independently agreed on child support, they may deviate from the minimum amounts of money established by law.

But only in the direction of increasing, not decreasing, alimony payments! That is, assign larger rather than smaller amounts.

Secondly, if alimony payments are ordered by the court, it takes into account the level of welfare and income of the parents, as well as the needs of the child.

For example, if a child suffers from a chronic disease that requires expensive treatment and rehabilitation, the payments will be higher.

The calculation of alimony payment for one child is carried out in accordance with legislative acts:

• Family Code of the Russian Federation (Article 113);
• Federal Law on Enforcement Proceedings (Article 102).

The basis for calculating and deducting amounts of money are the following documents:

• A written statement from a parent regarding voluntary payment of child support;
• Written and notarized alimony agreement;
• Court order;
• A writ of execution issued by the court on the basis of a decision.

So, child support payments can be calculated

• as a percentage of wages
• in a fixed amount.

Formula for calculating alimony as a percentage of earnings

• If the parent is employed in a permanent job and has regular earnings, the amount of child support will directly depend on wages - at least 25%.
• In addition to wages, alimony can be withheld from bonuses, vacation pay, financial assistance, as well as from a scholarship or pension, or from business profits. The full list of income from which alimony payments are withheld is listed in Article 101 of the Federal Law on Enforcement Proceedings
• First, 13% of personal income tax is withheld from wages (any other income), after which alimony is withheld from the remaining amount.

Salary of an employee of the enterprise Ivanov A.I. is 40 thousand rubles. According to the court decision, he is obliged to pay 25% of his salary monthly for the maintenance of his minor son.

1. The calculation is made as follows:
2. Accrued salary : 40,000 rubles;
3. Personal income tax: 40,000 rubles * 13% = 5,200 rubles;
4. Net salary: 40,000 – 5,200 = 34,800 rubles;
5. Alimony : 34,800 *25% = 8,700 rubles;
6. To payoff: 34 800 – 8 700 = 26 100.
7. If the parent is not employed or receives wages irregularly, if wages are paid in foreign currency or in kind (for example, food), alimony will be awarded by the court in the form of a permanent fixed amount.
8. The size of the fixed amount is determined based on the cost of living in the region of residence.

The fixed amount is indicated in the enforcement document (alimony agreement, court order, writ of execution) and is subject to monthly collection. As the cost of living increases, alimony payments are regularly indexed.

The indexing formula is as follows:

The amount established by the court is divided by the cost of living at the time of the court decision, and then multiplied by the cost of living at the time of calculation.

Petrov O.A. the father of a minor child is obliged to pay monthly alimony in an amount equal to 1.5 subsistence levels in the city of Moscow.

In the first quarter of the year, the cost of living was 10,265 rubles. The amount of alimony equal to 1.5 times the subsistence minimum is 16,352 rubles.

• In the second quarter, the cost of living increased to 10,443 rubles.
• Indexed alimony is calculated as follows:
• The initial amount of alimony is 16,352 rubles / the initial cost of living is 10,265 = 1.59
• Indexed amount of alimony: 1.59 * new cost of living indicator 10,443 rubles = 16,635 rubles.
• Total: the indexed amount of alimony is 16,635 rubles.
• Initial amount of alimony : 16,352 rubles;
• Change in cost of living: 10 443 / 10 265 = 1,01;
• Indexed amount of alimony: 16,352 * 1.01 = 16,635 rubles;
• Calculation and deduction of alimony amounts from an employee’s earnings are the responsibility of the employer and the management of the organization, enterprise, or institution.

Calculation and deduction is carried out strictly once a month - for the previous month worked. Payment of alimony in advance is not allowed.

According to the provisions of the Family Code of the Russian Federation (Article 109), the alimony payment must be made no later than 3 days after the payment of wages to the alimony payer.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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The information on the site is provided for informational purposes only. Please consult with an attorney before making any decisions. The site management is not responsible for the use of information posted on the site.