How is alimony arrears calculated?

Alimony debt may arise in case of non-payment or if the payer did not transfer the entire amount. The causes of debt may be the following:

• financial difficulties of the payer;
• job loss;
• illness of the payer or his immediate relative;
• evasion of alimony payments;
• refusal to pay alimony;
• incorrect details;

Despite these circumstances, the payer will be obliged to repay the debt in any case.

Calculation of alimony debt occurs in two cases:

1. If the parent was forced by the court to pay child support;
2. If there was an alimony agreement between the spouses on payments.

It is worth noting that alimony debt can only be claimed for the last three years. According to the law, if the writ of execution is dated more than three years, the bailiff will still calculate only based on the last three years.

Regulatory framework

All moments, conditions, reasons, methods, terms and grounds in RosA, the popular ones are:

1. debt calculation based on the cost of living, which is established by local authorities in the region of residence of the payer;
2. debt calculation based on the average salary in the country;
3. debt calculation based on the payer’s income.

The procedure for calculating alimony debt based on the subsistence level

This type of debt calculation is possible if the payer pays alimony in a fixed form. In this case, the size of the payer’s income is not taken into account at all; only the cost of living is taken into account. The amount of alimony will be determined in relation to the debt, the needs for the maintenance and upbringing of the child.

Since the cost of living changes quarterly, the court representative will recalculate alimony payments quarterly as soon as the size of the cost of living is known.

The procedure for calculating arrears of alimony based on the average salary

This method is used only in cases where:

• there is no certificate of income of the alimony payer;
• if the payer receives income unofficially;
• if the payer's income is unknown, hidden.

In this case, it is also worth considering that the average salary changes; therefore, as in the first case, the bailiff will be obliged to recalculate it quarterly. This is typical both for the first option and method of calculating debt for alimony debt, and for this one.

The procedure for calculating alimony debt based on the debtor’s income

This method is intended for those payers who have official income, from which alimony payments were withheld. In this case, we take into account the fact that for some unknown reason, for some time, alimony was not withheld from the official salary of the payer.

The procedure for calculating the debt is as follows: the court sets the amount of income, personal income tax is deducted from this amount in the amount of 13% of the total amount, then a portion is assigned that will be withheld until the entire debt that has accumulated for alimony is paid off. In order to calculate the entire amount of the debt, it is necessary to take the amount of alimony and multiply it by the number of months that the payer did not pay to the child.

It is worth considering that a company that for some reason did not retain the debt may be fined - both the company itself and its owner. These fines are prescribed in the legislation of the Russian Federation.

Application for calculation of alimony debt: sample application

If alimony has not been paid for a certain period and a debt has arisen, then the recipient of these payments must write and submit to the court an application for calculation of the arrears in alimony payments.

According to the Federal Law “On Enforcement Proceedings,” both the payer and the claimant (recipient of alimony payments for the maintenance and upbringing of a minor child) have the right and obligation to familiarize themselves with the materials on enforcement proceedings.

The application must be submitted to the place where the alimony payments were assigned. The application is submitted in free form. It is mandatory to provide a package of documents:

• Passport.
• Child's birth certificate.
• The document on the basis of which alimony was to be paid.
• Certificate of income from the defendant’s place of work.
• Certificate of family composition or confirmation from the Housing Office that the child lives with the plaintiff parent.

Calculation of debt by a bailiff

After the plaintiff submits an application, the court is obliged to consider it within 10 days. Then the procedure for issuing a resolution on calculating the alimony debt takes place. The bailiff must send the payer and recipient a copy of the resolution with all calculations.

The calculation of the debt can be in the form of a resolution, that is, written directly into it, or maybe as a separate document that is attached to it. The resolution must indicate:

• on what basis are calculations made for the payer’s debt;
• information about the parties (payer and recipient of alimony);
• the period for which alimony will be calculated;
• how the debt will be calculated (one of the methods we discussed above);
• what is the total amount owed?

A decision is received if there has been an appeal to the court.

Further, if the payer does not pay, the recipient with this resolution is obliged to apply to the court so that it recalculate the new amount of arrears for child support.

There are cases when the payer himself goes to court to reduce the amount of debt or remove this obligation from him, if he has legal grounds for this decision.

On what grounds is alimony debt released? The following is possible:

• if the payer is sick;
• if the payer has a difficult financial situation;
• if the payer's marital status/position has changed.

But in order for the bailiff to release the payer from paying arrears of alimony, it is necessary not only to give a good reason, but also to convince him that he is not able to pay it off, to provide arguments and evidence, on the basis of which the court will make a decision. Based on the decision of the bailiff, the executive service must review the amount of the debt and make it either smaller or write it off.

The court decision can also be appealed if one of the parties does not agree with it. What are the deadlines and on what grounds can one appeal a court decision regarding the calculation of alimony debt? Within 10 days, the recipient or payer of alimony can file a complaint if the party does not agree with the decision made or if the alimony was calculated incorrectly.

How to calculate alimony arrears?

In cases provided for by law, alimony debt is calculated. The procedure is carried out at the initiative of the claimant or payer. It is important to know the procedure for applying, the grounds, terms and methods, as well as the nuances that affect the amount of payments.

Methods for calculating alimony debt

According to the law, alimony is paid depending on salary or in a fixed amount. The minimum wage is used for indexation, the amount of average earnings in the Russian Federation - if it is impossible to establish the exact amount of income during the period of accumulation of the amount.

From the average salary in the Russian Federation

Based on Art. 113 of the RF IC, the amount of average earnings in the Russian Federation is used to calculate alimony debt when it is impossible to determine the exact level of income of the debtor. For example, if he is unofficially employed, is unemployed, or has not provided proof of earnings.

What does the bailiff do:

1. Determines the average earnings in the country for periods of non-payment, taking official data from statistical authorities.
2. Interest on alimony is deducted from the average salary for each month.
3. All results are subject to addition.

For example:

No money was transferred per child in January, February, March and April. Data on income were not provided at the request of the bailiff. Guided by the law, the FSSP employee made a calculation taking into account the average earnings in the country for each month:

Alimony was assigned as a share of income when the debtor was officially employed. 25% is payable.

• For January the amount will be:
• 30,053 x 25% = 7513.25 rubles.
• Similar indicators for the remaining months, except April:
• 32,091 x 25% = 8,022.75 rubles.
• 7513.25 + 7531.25 + 7513.25 + 8022.75 = 30,562.5 rubles.

Child support debt as a percentage of income

In accordance with Art. 81 of the RF IC, alimony in shares of earnings is recovered from payers in the following amounts:

The bailiff's procedure for settlement is as follows:

1. The amount of earnings of the defaulter for the period of non-payment is determined. For this purpose, certificates are ordered from the accounting department at the place of work.
2. The amount of alimony is established for each month from the salary, minus personal income tax and other obligatory payments.
3. The results obtained are subject to addition.

The bailiff does not index payments in shares of earnings. This is done by an accountant in accordance with the law.

Example:

Mavrikin S.V. did not pay child support for 4 months: in April, May, June and July. At the end of July, the ex-wife visited the bailiff to calculate the outstanding payments for one child.

How the calculation was done:

1. The FSSP employee set the monthly salary and multiplied it by 25%.
2. All results were summed up.

30,000 x 25% = 7,500 rub. - debt for April.

29,586 x 25% = 7396.5 rubles. - debt for May.

31,324 x 25% = 7831 rub. – debt for June.

30,193 x 25% = 7548.25 rubles. - for July.

7500 + 7396.5 + 7831 + 7548.25 = 30,275.75 rubles. – the total amount of debt.

In addition to the principal debt, you will have to pay an enforcement fee - 7% of the debt amount. In this case, it will be 2119.30 rubles if he does not voluntarily repay the debt within the period established by the bailiff.

In a fixed amount of money

Alimony in a fixed amount is assigned when the exact level of income of the alimony obligee cannot be determined. To make the calculation, the bailiff performs several actions:

1. Establishes the amount of alimony according to the order, IL or agreement.
2. Performs indexation for months of non-payment if the minimum monthly allowance per child has increased in the region.
3. Adds the resulting values.

Example:

According to the writ of execution, the man is obliged to pay alimony in the amount of 10,000 rubles. per child. The debt accumulated during August, September and October. The PM was increased in July and October, the level was 11,053 and 11,500, respectively. The previous PM size is RUB 10,099. Alimony payments for these months should be indexed and increased.

How indexing is done for July:

1. (10,000 / 10,099) x 11,053 = 10,944.65
2. August and September – alimony remains unchanged.
3. In October the amount changes:
4. (10,944.65 / 11,053) x 11,500 = 11,387.27 rub.

10,944.65 + 10,944.65 + 11,387.27 = 33,276.57 rubles. – total amount of debt.

The July amount is not taken into account (it has been paid). It serves to determine the amount of indexed alimony in August and September.

According to the minimum wage

Previously, the minimum wage was used to clarify debt. This indicator is not currently used. Instead, the cost of living for a child is relevant: it is taken into account by the court when calculating payments in a fixed amount, and by the bailiff for indexation.

The minimum wage has significance only in terms of payment of wages, since alimony can also be calculated from it. According to the law, the employer does not have the right to pay wages less than the established minimum wage.

Indexation of alimony and debt thereon

FSSP indexation of alimony is carried out quarterly, as is the calculation of the amount of debt. If the IL came to the accounting department from the recipient himself, the increase should be made by an accountant.

There are several steps involved here:

1. The old PM value is set.
2. Non-indexed alimony is divided by the previous minimum amount.
3. The result obtained reflects the enhancement factor. It is multiplied by the new PM indicator.

Example:

According to the court order, the payer must transfer 8,000 rubles. The PM at the time of appointment was 10,100 rubles, at the time of promotion - 10,700 rubles.

Debt for fixed payments is subject to indexation. To do this, the bailiff determines the months of non-payment and the dates of indexation, and sets an increasing coefficient. The amounts received are added up and reflected in the resolution on debt calculation.

When is the calculation made?

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The creditor may need this in the following cases:

• The desire to claim a penalty. According to Art. 115 of the RF IC, the amount of the penalty is 0.1% of the amount of the principal debt, determined by the resolution of the bailiff. For a penalty, a claim is filed in court, the case is considered within the framework of civil proceedings.
• Desire to collect arrears of alimony. Often the amount of debt reaches several hundred thousand.

The bailiff can make a calculation of the debt on his own initiative to send the debtor a letter demanding repayment. This is one of the measures he must take to recover the money.

A debtor may need a decree if he wants to pay off a debt, but does not know the amount of the debt.

Who makes the calculation?

It all depends on the method of collecting alimony:

• According to the alimony agreement. If a notarial agreement on the payment of alimony is concluded, the recipient can make the calculations himself and present the debtor with a written demand for repayment. If there is no response, the document is provided to the bailiff, since it has the force of a writ of execution (IL). After the initiation of enforcement proceedings (IP), the obligation to pay is assigned to him.
• According to the writ of execution. The document is drawn up on the basis of a court decision that has entered into force, then transferred to the FSSP or the employer at the payer’s place of employment. In the first case, the debt is calculated by the bailiff. If a copy of the IL has been submitted to the accounting department, but alimony is not calculated, you must contact the FSSP with the original. When the bailiff transfers the IL to the organization, he makes the calculation: payment of funds through the employer does not cancel the obligation to control the timely payment of alimony on the part of the FSSP employee.

Thus, in order to peacefully resolve the problem, the recipient can make the calculation himself and present it to the debtor, provided that there are no enforcement proceedings initiated in the FSSP. In other cases, the procedure is performed only by the bailiff.

How to order a resolution?

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To obtain a resolution from the bailiff, the claimant must do the following:

1. Write a corresponding statement and submit it to the bailiff who initiated the proceedings.
2. Wait for the final decision. The document is sent to the parties no later than the day following the day of execution.

Resolution

Within 10 days, the bailiff makes a calculation and decides to issue a resolution, which is subsequently sent to the collector and the payer. The document contains the following information:

• name of the FSSP;
• Full name and position of the bailiff who made the payment;
• debt accrual periods, average earnings of the debtor, amount of debt for each month;
• date of registration and signature of the bailiff.

This is also important to know: Penalty for alimony

Alimony was paid until August 1, 2017. After this, no payments were made. Sidorov I.I. does not answer calls and evades payment.

It is necessary to determine the size, since the child has not received financial support from August 1, 2017 to the present.
Based on the above, guided by Art. 113 RF IC, Art. 64.1 and art. 102 Federal Law “On Enforcement Proceedings”,

Ask:

Determine the amount of alimony debt from Sidorova I.I. in favor of the minor Sidorova E.I. from August 1, 2017 to the present.

Is it possible to appeal the decision? Reasons

The collector can appeal the decision if he considers that the calculation was made incorrectly or that there is unaccounted income of the payer. In the latter case, confirmation in the form of documentation will be required.

An appeal by the debtor is made if there are grounds for exemption from payment of the debt in part or in full:

• difficult financial situation during the period of non-payment;
• illness, hospital stay.

The decision can be appealed through the senior bailiff by filing a complaint. The review period is 30 calendar days. It is also possible to appeal through the court in administrative proceedings.

Lawyer's answers to questions about calculating alimony debt

When calculating from the average salary, is tax deducted from the amount?

No, tax is not subject to withholding from the average earnings in the Russian Federation when calculating alimony.

What to do if the bailiff made a mistake?

Appeal the decision through the senior bailiff or in court.

Where can I find out the average salary to calculate alimony for an unemployed person?

Information is posted on the official website of Rosstatistics or provided upon request.

Is it possible to make all the calculations after the child reaches adulthood?

Yes. Unlike alimony for the past time, the debt is collected for the entire time. The debtor can file a petition to apply the statute of limitations in court, and then it will be possible to collect the debt only for the last 3 years preceding the filing of the claim.

Conclusion

To calculate the alimony debt, the claimant must go to the bailiff. The resolution is prepared within 10 days and sent to both parties. To recover a penalty based on the data in the resolution, a statement of claim is filed in court.

How to calculate alimony debt: examples, procedure, deadlines and bailiffs

Current legislation is always on the side of minor children, protecting their rights and interests.

It is for this reason that each parent has the responsibility to support the child equally.

The reasons may be different, however, over time, debt begins to accumulate. In this article you will learn in detail how to calculate alimony arrears.

Reasons for debt

Any debt cannot arise out of nowhere; there are always certain reasons. Thus, the accumulation of debt for alimony payments can occur:

1. Due to the payer's fault.
2. Not through the payer's fault.

So, in the first option, the debtor knows and understands perfectly well that he has an obligation to pay alimony, which must be carried out according to the established rule. Nevertheless, it consciously takes actions to evade this responsibility. For example, a person may hide his real address of residence, as well as his official place of work, from the executive authorities and the collector.

Naturally, for such behavior a person will be held accountable in the future, in accordance with current legislation. Thus, persistent non-payers of alimony may well be subject to criminal liability.

As for the reasons belonging to the second group, they are not so common. We are talking about those circumstances that occur through no fault of the person. These could be, for example, mistakes made by an accounting employee.

In this case, all responsibility will rest with the accountant.

It is also quite possible that the person who is charged with paying alimony is seriously ill, and therefore all financial resources are spent on treatment, and not on the maintenance of the child.

Another reason could be the death of the person paying the alimony. However, if there is a payment debt, the heirs of the deceased debtor are obliged to pay it. This is carried out only if a corresponding court decision is made in the case.

There is also an option in which arrears in alimony payments arise due to the claimant. This can happen if the recipient of alimony untimely provided the bailiff with a document for collection. In any case, no matter what causes the accumulation of arrears in child support for a minor child, the debtor is obliged to pay it off in any case.

How to find out alimony arrears

You can find out about alimony debt by going to the official website of the Federal Bailiff Service (hereinafter referred to as the FSSP). The necessary information will be contained in the section called “Bank of Enforcement Proceedings”.

In what cases is alimony debt calculated?

Many citizens are interested in the question of how to calculate alimony debt. Calculation of alimony debt can be calculated according to two rules.

First rule. The calculation is carried out if there is a court decision to collect payments or an agreement between the parties on alimony. In other cases, the debt cannot be calculated.

So, for example, if during the period of divorce the child’s mother did not file a lawsuit to collect alimony, but decided to do so several years later.

In this case, we will not be talking about the presence of arrears in alimony payments, but about the collection of child support payments for the past time.

Second rule. This rule states that the period of alimony arrears is 3 years, that is, you can demand payment only for the last 3 years. The only exception to this rule is when the debtor evades the obligation to pay alimony. In such a case, the debt is paid for the period of evasion.

Methods for calculating alimony debt

Child support debt can be calculated in several ways. Everything will depend on the procedure for collecting payments.

How is alimony debt calculated based on:

• living wage;
• the amount of the debtor's average salary;
• the amount of income of the debtor.

Below we will discuss in detail how alimony arrears are calculated by bailiffs.

The procedure for calculating alimony debt based on the cost of living

This method is used when payments are collected in hard cash. In this case, the amount of a person’s income is not taken into account; instead, they are based on the cost of living, which is established by region or country. The amount of payments is determined depending on the situation and can be, for example, 0.5 or 2 subsistence minimums.

By the way, this value is not constant, so the bailiff must calculate the debt in a new way every quarter.

Formula for calculating alimony debt:

Amount of debt = (amount of alimony assigned by the court, which corresponds to the subsistence level * subsistence level) * period of non-payment of alimony payments

Procedure and example of calculating arrears of alimony based on the average salary

This method is used if:

1. The debtor does not have documents on hand that would confirm his income for the period when the debt arose.
2. The debtor receives income unofficially.
3. The debtor has no income.

As for the procedure for calculating debt, it is very simple. It is necessary to take the average salary as a basis, calculate from it the share of alimony payments that were established by agreement or court order and multiply the result by the number of billing months. Thus, it is possible to determine the amount of debt for the entire period when the alimony debt arose.

Since the average salary changes from time to time, calculations must be carried out every quarter.

Example of calculating alimony debt

On July 1, 2017, the court ordered alimony for a minor child in the amount of ¼ of the parent’s income. However, the alimony provider did not provide information about his income and payments for child support were not received.

1. The average salary in the country in the first quarter of this year was 73,800 rubles. Taking this information into account, the bailiff calculated the debt for 7 months of non-payment of financial resources in the following way:
2. Amount of debt = Amount of deductions (average salary * share of earnings) * number of months
3. Debt is calculated as follows:
4. (73,800 * 0.25) * 7 = 129,150 rub.

The procedure for calculating alimony debt based on the debtor’s income

This method of calculating debt occurs if the debtor has official income, but for a certain period of time there was no deduction from it for alimony payments.

In such a case, debt calculation will be carried out as follows. First, the bailiff must determine the income of the person from which payments are being withheld. From the amount received, it is necessary to deduct deductions that are mandatory under current legislation (in particular, we are talking about personal income tax).

Then from the amount it is necessary to calculate the share of alimony payments, which is established by agreement or court. The resulting amount is multiplied by the number of months when alimony payments were not made.

Application for calculation of alimony debt (sample)

If child support payments have not been paid for a long period, resulting in arrears, the main question will be to calculate it correctly.

When the bailiff does not accept the settlement of the debt, the collector should do this on his own initiative by filing an application. This right is enshrined in Article 50 of the Federal Law “On Enforcement Proceedings”. The document is addressed to the bailiff who is handling the case.

There are no special requirements for the application form; it is drawn up in free form. However, it is still worth relying on the basic rules of office work.

Attention! The application is submitted in two copies.

A sample application for debt settlement can be downloaded here

Calculation of debt by a bailiff. Resolution on the calculation of alimony debt

The bailiff cannot refuse a request to provide information about the amount of debt at the request of the creditor. Thus, having received a corresponding application from the claimant, the bailiff is obliged to consider it within 10 days.

As soon as a decision is made on the calculation of alimony debt, the bailiff sends the relevant papers to the collector and the debtor. The decision to calculate the debt, like other decisions, is formalized in the form of a resolution.

However, the calculation itself can be done on a separate paper, which will be in the form of an addendum to the resolution.

The resolution must contain the following information:

1. The basis on which the calculation was made.
2. Information about the debtor and the collector.
3. The period during which the debt has accumulated.
4. The method by which the debt was calculated.
5. The amount of total debt for the entire period.

Such a resolution is necessary for the collector of alimony payments to go to court with a demand for payment of the debt. This paper cannot be called mandatory, however, it can play the role of a powerful argument.

Release from alimony debt

At the legislative level, there is a rule that allows the debtor to go to court for the purpose of partial or complete relief from alimony debt. However, there must be certain reasons for this, in particular:

There is a good reason why the debtor did not fulfill his financial obligations. This may include illness, difficult financial conditions, changes in personal life.

If the court takes into account such grounds, considering them valid, it may make a decision in favor of the debtor, reducing or writing off the debt. However, we should not forget that the person will need to collect evidence that would confirm his words.

Important! After the court makes a decision in favor of the debtor, the enforcement service can begin to review the amount of the debt.

Appealing a decision on the calculation of alimony arrears

All illegal actions on the part of the bailiff can be appealed, for which the interested person is given 10 days. The countdown of the specified period begins from the moment it becomes known that the bailiff committed unlawful actions.

An interested person has the right to file a complaint addressed to a superior official.

In addition, it is also possible to file an appeal against the decision on the amount and calculation of the debt for payments, if the interested person has doubts about the correctness of the calculations made.

Conclusion

If, for objective reasons, it is not possible to pay off debts on alimony payments, this may be a significant reason for the amount of debt to be reduced or completely eliminated.

As a rule, the amount of alimony can be reduced when the payment requirement specified in the statement of claim is higher than the actual earnings of the alimony holder.

Therefore, a person may well file a lawsuit to challenge the established amount of payments if the current financial expenses for alimony significantly affect his financial situation.

After the relevant decision has been made, it must be written to the bailiff involved in this case. The resolution serves as the basis for reducing or canceling the debt.

In addition to written evidence, witness testimony may also be considered. The law obliges parents to pay child support for their minor children.

Failure to comply may result in forced collection of the debt.

Thus, income, bank assets and even the property of a person who evades alimony obligations may be confiscated, and persistent violators may face imprisonment.

Penalty for alimony 2023

Penalty for non-payment of alimony How alimony debt is calculated Calculation of alimony penalty Formula for calculating alimony penalty Collection of alimony penalty Collection of alimony penalty jurisdiction Deadlines for filing a claim for the collection of a penalty

Making a decision to collect alimony and initiating enforcement proceedings against a person obliged to pay alimony does not always lead to the realization of the right of minor children and other needy family members to receive maintenance.

Despite the fact that the bailiff in charge of enforcement proceedings, within the framework of the Federal Law “On Enforcement Proceedings”, takes actions for the timely and full payment of alimony by the debtor, the enforcement measures he takes do not always help to avoid the formation of alimony debt.

Often, the actual collection of alimony turns out to be problematic due to the debtor’s evasion from paying alimony; alimony may be paid irregularly and not on time, or not received at all. In such cases, alimony debt is formed.

Penalty for non-payment of alimony

The law provides for various penalties applicable to a persistent non-payer of alimony.

In this article we will consider the procedure for applying such a civil law measure as a penalty for non-payment of alimony.

From this article you will learn the following :

• The procedure for collecting penalties for alimony
• How to collect a penalty for alimony
• How to correctly calculate the penalty for alimony
• Formula for calculating alimony penalties
• Who calculates the penalty for alimony?

Article 115 of the Family Code of the Russian Federation stipulates that in the event of arrears in alimony paid by court decision , the debtor is obliged to pay the alimony recipient a penalty in the amount of 0.1% of the amount of unpaid alimony for each day of delay .

Until August 09, 2018, the penalty amount was 0.5% for each day of delay. This circumstance must be taken into account when calculating the penalty.

An important point is that this measure of material impact is applied if the alimony debt arose precisely through the fault of the person obligated to pay alimony , i.e. in case of malicious evasion of this obligation by the debtor.

If in court the debtor presents irrefutable evidence that the debt arose due to circumstances beyond his control (for example, due to late payment of wages, incorrect transfer of alimony amounts by the bank, temporary disability caused by a long-term illness, etc.), he will be released from paying the penalty.

• If the debt arose in connection with the debtor’s failure to fulfill an agreement to pay alimony , then the liability provided for by this agreement (the agreement may also provide for more serious measures of liability, for example, a larger penalty or a fixed one-time penalty).
• If in the agreement on the payment of alimony the parties did not provide for the liability of the alimony payer for non-payment, it is possible to apply a legal penalty provided for in Article 115 of the Family Code of the Russian Federation.
• Thus, the penalty collected for late payment of alimony in the form of a fixed amount of interest for each day of delay in payment of alimony is a serious measure of family legal responsibility that guarantees the exercise of the rights of needy family members (in particular, minor children) to receive maintenance.
• , a very significant penalty can accrue .
• Before filing a claim in court, you need to understand how to correctly calculate the penalty for alimony.
• To calculate the penalty, you must know the exact amount of alimony debt and have a calculation of the debt by month.
• To do this, you must contact the bailiff in charge of enforcement proceedings against the defaulter with a corresponding statement.

How is alimony arrears calculated?

The procedure for determining alimony debt is regulated by Article 113 of the Family Code of the Russian Federation. The amount of debt is determined by the bailiff , who conducts enforcement proceedings against the debtor, based on the amount of alimony established by the court or the agreement of the parties on the payment of alimony.

1. To calculate arrears of alimony paid for the maintenance of a minor child in proportion to the debtor’s earnings, the bailiff takes as a basis the earnings and (or) other income of the debtor for the entire period when alimony was not paid.
2. If during the period of alimony debt formation the debtor did not work anywhere, or did not provide documents confirming the amount of his earnings, the calculation is made by the bailiff based on the average monthly salary in Russia at the time of debt collection (according to GOSKOMSTAT).
3. If alimony payments were not received in full and irregularly, the bailiff indicates the amount of debt for each month, taking into account the payments made.

Let's make a brief conclusion : the amount of alimony debt is determined by:

• Based on the amount of alimony established by the court or by agreement of the parties (collected in a fixed amount of money)
• Based on the earnings and (or) other income of the debtor for the entire period of debt formation (if alimony was collected for the maintenance of a minor child as part of the debtor’s earnings)
• Based on the average monthly salary in the Russian Federation (if the debtor did not work during this period or did not provide information about his earnings)

The bailiff shall indicate the following information in his calculation:

• Total debt period
• Number of months and days of delay
• The amount of debt separately for each month
• The total amount of alimony debt as of the day of calculation

Based on this calculation, the bailiff issues a resolution establishing the amount of alimony debt.

Calculation of penalties for alimony

• In order to file a claim for the recovery of alimony penalties, it is necessary to calculate this penalty, otherwise the statement of claim will not be accepted by the court.
• Who calculates the penalty for alimony?
• The calculation of the penalty is made by the plaintiff on the basis of a certificate from the bailiff about the amount of the debt, which is issued by the bailiff along with the resolution establishing the amount of alimony debt.
• These documents are sufficient to correctly calculate the penalty for alimony and go to court.

Formula for calculating alimony penalties

1. The penalty for alimony is calculated separately for each period of delay , which is equal to a whole or non-whole month , and then everything is summed up.
2. In other words, the amount of debt for each month is multiplied by the number of days overdue in that month and multiplied by 0.1%.
3. The formula is: amount of debt for the period × number of days of delay in the month × 0.1%
4. Then all the figures received for each month are summed up, and the total amount of the penalty to be collected from the alimony payer is obtained.
5. Here's an example:
6. Initial data according to the bailiff's certificate:

Calculation of alimony debt in 2023: bailiffs, calculator

If the alimony holder evades his financial obligations, the recipient of the funds has the right to submit an application to the bailiff with a request to calculate the alimony debt. To calculate the accumulated debt, a certain formula is used depending on the method in which alimony is collected.

When is alimony debt calculated?

Calculation of alimony debt is carried out in the following situations:

• the spouses executed a voluntary agreement on alimony, specifying in this document all the conditions regarding the amount and procedure for transferring funds to minor children, after which they certified the document from an employee of a notary agency;
• the parent left with the children went to court and received a court order to collect child support payments.

If a person does not pay alimony, but the interested party did not previously apply for these payments, and then unexpectedly decided to sue to collect the money, then there is no debt in this case. The plaintiff can only recover funds for the past time, but there are few grounds for a positive court decision.

If there is arrears of alimony, it is only possible to demand collection of funds for the past 36 months.

Even if the writ of execution was issued by bailiffs 6 years ago, the debt will be calculated only for the past 3 years.

But this rule also has an exception: if the parent evaded fulfilling his alimony obligations, then the funds will be collected for the entire period of non-payment, and not for 36 months.

How is alimony calculated?

You can calculate your child support debt in the following ways:

• on average wages in the Russian Federation;
• based on the cost of living determined in the Russian Federation or the region of residence of the parents (if the debtor does not work);
• according to the income of the alimony provider.

Calculation of debt according to average salary

The court orders alimony in this form in the following situations:

• the alimony refuses to provide certificates of income received or does not have such documents;
• the alimony worker does not officially work;
• the payer has no source of income.

In this case, the following formula is used to calculate the amount of debt:

(average salary - the share of alimony established in court or on the basis of an alimony agreement) * number of billing months = amount of debt.

The average salary is constantly changing, as a result of which the accumulated debt is recalculated quarterly.

Calculation of debt according to the cost of living

If the court has decided that alimony payments will be collected in a fixed amount, then they are calculated according to the subsistence level. The amount of salary and other income of the alimony worker is not included in the accounting. The amount of alimony is set as a multiple of the minimum subsistence level at the discretion of the court.

Every quarter, the cost of living undergoes changes, so the bailiff calculates the debt quarterly and indexes the size of the elements.

Calculation of debt according to the income of the alimony worker

An alimony agreement or a court establishes alimony in this way if the parent’s official earnings are in the following amount:

• one child – up to 25% of the parent’s income;
• two children – up to 33% of income;
• for three or more minors – half the parent’s earnings.

If the alimony worker is officially employed, but alimony was not withheld from his source of income for a certain period of time, then the debt is determined as follows:

• The bailiff sets the amount of the alimony worker’s salary from which alimony payments can be collected;
• Personal income tax in the amount of 13% is collected from salaries;
• alimony payments are deducted from the amount remaining;
• the amount of money received is multiplied by the number of months during which the debtor evaded his financial obligations.

Example: A man drew up an alimony agreement with his ex-wife, and then had the document certified by an employee of a notary agency.

For 2 years, the parent transferred alimony for a minor child in the amount of 10 thousand rubles with a salary of 40 thousand after deduction of personal income tax, which was determined by a voluntary agreement of the former spouses.

As a result, after 30 months, the spouse filed an application for evasion of alimony, and the bailiff calculated the debt as follows: over the last 3 months, the man’s after-tax income amounted to 120 thousand rubles, and the debt from this earnings is equal to 30 thousand. With the decision, the woman went to court and collected the debt along with the penalty. The court did not consider the availability of a car loan to be a sufficient basis for getting rid of financial obligations.

Statement of claim for calculation of alimony debt: sample

Calculation of court debt is the responsibility of the bailiff, but if this employee does not independently determine the amount of the debt. In this case, the recipient of alimony payments will need to draw up a corresponding statement and send it to the bailiff who is handling the case for collecting payments. The official has no right to refuse to consider the application.

The application is submitted in two copies - one each for the claimant of payments and for the bailiff. The document contains the following information:

• name of the bailiff service;
• information about the applicant – full name without abbreviations, residential address, contact telephone number;
• information about the alimony provider;
• information about a minor child;
• information about the initiation of enforcement proceedings against the parent;
• information about the last transferred payment for a minor;
• an indication of the reasons why the claimant no longer received alimony payments;
• please establish the amount of debt generated for the specified period;
• list of documentation attached to the application;
• date of application, signature of the person applying.

Resolution on the calculation of accumulated debt

After the bailiff has received the application, he considers it within a 10-day period, and then makes a decision on the calculation of the debt and sends both parties a copy of this document.

The resolution contains the following information:

• a statement from the debtor, serving as the basis for calculating alimony debt;
• information about the parties;
• the settlement period during which the alimony holder avoided fulfilling his financial obligations;
• the calculation method used - for example, according to the average salary in the Russian Federation or the cost of living established in the area of ​​residence of the parents;
• the amount of debt generated.

The completed resolution can be used to go to court. This document is proof of the existence of arrears of alimony and confirmation of the requirements specified in the applicant’s claim. The resolution can also be used to ask the court to increase the amount of debt on the basis of collecting a penalty or indexing payments.

This resolution can also be used by the debtor if he intends to ask the court to release himself from financial obligations or reduce the amount of the accrued debt. The following factors may be the basis for this:

• serious illness that deprived the debtor of his ability to work;
• deteriorated financial condition (liquidation of the enterprise where the parent worked);
• the emergence of new dependents requiring financial support (elderly parents, small children from a new marriage, close relatives with disabilities);
• changes in the marital status of the parties (the woman remarried a new man).

If alimony was not transferred to the recipient of payments due to the fault of third parties (for example, due to an error made by the company’s accountant)... In such cases, the alimony provider is released from the obligation to repay the debt, and third parties face a fine.

Let's sum it up

If the alimony provider has not transferred funds to the child for a long time, and the bailiff is inactive, then the recipient of the alimony has the right to send this employee an application for settlement of the debt. In the future, the debt resolution can be used to go to court, which will take all necessary measures to pay off the accumulated debt.

The debt is calculated according to the method chosen for collecting alimony. For example, according to the salary of the alimony worker, the average income or the cost of living established at the federal level or the region of residence of the parents.

If there are compelling reasons, the alimony holder has the right to apply to the court with a request to reduce the amount of alimony or completely exempt himself from it. The court takes many factors into account when considering a case.