1/3, 1/4 or 1/6 of alimony - what percentage of income? The nuances of calculating deductions in a fractional ratio

Last modified: June 2020

After the divorce, the former spouses decide on the place of residence of their joint children and the payment of alimony for them. In most cases, minors remain with their mother. The father has the obligation to provide for them financially. If he refuses to transfer money monthly for the children, the ex-wife files an application with the court. He makes a decision on the forced collection of maintenance for minors. Most often, alimony is prescribed as a percentage of the payer’s income.

Conditions for assigning alimony as a share of income

Alimony in the form of a share of earnings is one of the options for assigning child support. It applies only to adults.

In this format, alimony is paid if the following conditions are met:

• the payer has a stable, official income;
• the employer pays the payer in rubles;
• income can be confirmed with a certificate from your place of work.

In addition to earnings, stable income includes pensions, social benefits, fees, scholarships, unemployment benefits, and other regular payments.

Important! When assigning child support, the marital status of the parents does not matter. They are obliged to provide financially for children both in a legal marriage and in the event of divorce.

When you can not pay shares of income

The obligation to deduct part of earnings for alimony is eliminated in the following cases:

1. after the death or coming of age of the child (if there are other minor children among the recipients, the size of the shares will be changed by the court at the request of the claimant);
2. upon adoption of a child in respect of whom the debtor has been deprived of parental rights;
3. if the court decides to exempt a citizen from payments due to family or financial status.

If there was a debt at the time of termination of payments, it will be collected according to the general rules. However, the share ratio is not applied in this case, and no more than 70% can be withheld from all types of income at the same time.

To be released from alimony obligations, the debtor must document valid reasons for loss of earnings (for example, disability), a significant improvement in the child’s financial situation (for example, marriage, after which the total level of family income significantly exceeds the amount of alimony payments).

Share sizes depending on the number of children

The size of the share depends on the number of children the payer has and is determined according to the rules of Article 81 of the RF IC.

The payment amount is determined taking into account the following parameters:

• for one child they assign 25% of the salary (1/4);
• for two children 33% (1/3) is paid;
• for three or more minors – 50% (1/2).

According to Article 139 of the Labor Code of the Russian Federation, more than 50% of an employee’s monthly income cannot be withheld. An exception has been made for child support. There are options when the total withholding amount is 70%.

Child support for one child

If a parent works officially, then in addition to the salary he receives allowances, bonuses, and various compensations. The payment system is provided for by the employer’s wage regulations.

First, the employer withholds personal income tax (13%) from monthly income. The remaining amount is subject to alimony payments. For one child, the payment amount is 25%.

Example 1. I.E. Mironov is employed by the company LLC. He is paid a monthly salary of 35,000 rubles. In accordance with the court decision, he must transfer 25% to support his daughter. The calculation of the amount of maintenance for a minor is as follows:

• Personal income tax is 35,000 × 13% = 4,550 rubles;
• Salary after taxes: 35,000 – 4,550 = 30,450 rubles;
• Alimony: 30,450 × 25% = 7,612.50 rubles.

Alimony for two children

As already indicated, maintenance for two children is 33% of income. Each minor is entitled to 16.5%.

Example 2. E.B Anikin’s income is 35,000 rubles. After the divorce, he is required to pay child support for two children. Let's calculate alimony payments in shares:

• After personal income tax withholding: 30,450 × 33% = 10,048.50 rubles.
• For each minor, E.B. Anikin pays 5,024.25 rubles.

Child support for three or more children

The maximum amount of child support for three children is 50%. For each minor, 16.7% is transferred.

Example 3. Income of A.S. Malakhov is 35,000 rubles. The ex-wife exacted from him maintenance for three young children in the amount of 50% of his salary. The calculation of the payment amount for each minor is as follows:

• After personal income tax withholding: 30,450 × 50% = 15,225 rubles.
• For each of the children A.S. Malakhov pays 5,075 rubles.

Alimony in the form of a share of 70% of income

In some situations, you have to provide not only for children, but also for your ex-spouse. The payment amount can reach 70% of the salary (see in which cases 70 percent alimony can be assigned).

The father lists an increased amount of maintenance in the following cases:

• the wife is raising children who have not reached the age of three;
• The second parent is financially supported by a disabled child under 18 years of age.

Maintenance for the spouse is assigned in a fixed form. The amount of payment is set by the court taking into account the cost of living.

Example 4. I.G. Sergeev transfers 50% of his income to his ex-wife for the maintenance of their three children. Additionally, the court appointed fixed alimony for the wife in the amount of 0.5 times the subsistence minimum, since the second and third children are not yet three years old. Salary I.G. Sergeev is 35,000 rubles. The amount of payment for children and the second parent is as follows:

• Maintenance for children after personal income tax withholding: 30,450 × 50% = 15,225 rubles.
• For a spouse: RUB 11,280. (living wage in 2020) × 0.5 = 5,640 rubles.
• Total amount of deduction: 15,225 + 5,640 = 20,865 rubles. (68.5% of the payer’s income).

When can the size be changed?

Alimony is paid over a long period of time, during which various kinds of changes can occur, therefore the law provides for the possibility of reducing or increasing the amount of payments (Article 81 of the RF IC).

If an agreement was signed between the parents, but after a certain time they decided to make changes to it and, for example, increase the share of the payer’s income, since the child has more needs, then nothing prevents them from contacting a notary and signing new terms. Any changes in alimony payments are certified by a notary .

If alimony was assigned by court decision, then in order to change its amount, one of the parties must submit an application to the court, which will consider all the circumstances due to which a change in the share of alimony payments is required.

Alimony may be increased if:

1. Initially, the court made a decision on the amount of financial assistance being too small;
2. the financial situation of the recipient has worsened (illness of the child, educational expenses, loss of income by the recipient of alimony, new obligations);
3. it became known that the payer provided false information about his income.

The recipient of alimony must prove in court that he is requesting an increase in the share solely in the interests of the child.

Reasons given for reducing the amount of alimony:

• decrease in income (demotion, layoff, transfer to part-time work);
• health problems;
• the emergence of additional obligations for the payer (loan, alimony payments to another family);
• loss of ability to work.

Since the amount of payments accrued as a share of the payer’s income becomes smaller as his earnings decrease, the court does not always satisfy claims with such requests.

How to draw up an agreement for alimony in shares?

If the ex-spouse intends to voluntarily support the children, the obligation is secured by an agreement on the payment of alimony. It is drawn up in writing and certified by a notary.

The document contains the following terms:

• amount of alimony (share);
• payment terms;
• procedure for transferring funds;
• indexing rules.

The document also includes information about the parties and the minor, and indicates the date and place of signing.

The agreement is subject to change. The parties must agree on new terms and sign an additional agreement. The document is also certified by a notary.

The agreement is equivalent to a writ of execution. If the payer refuses to transfer maintenance to a minor, the recipient has the right to immediately contact the bailiffs. There is no need to go to court for enforcement.

Changing the amount of alimony

In the process of changing the payment amount, the interests of all participants in legal relations are taken into account. It is not allowed to worsen the situation of one party at the expense of improving the well-being of the other.

Article 119 of the RF IC regulates the possibility of the payer and recipient to initiate the establishment of a different amount of alimony:

• reduce/reduce the amount of child support;
• change the calculation method.

You can determine the new amount of payments in 2 ways:

• by agreement of the parties - the claimant and the alimony obligee;
• in accordance with the decision of the judicial authority.

Control over compliance with the law falls within the competence of the notary certifying the alimony agreement.

To reduce/increase the amount of financial support in court, compelling reasons are needed:

1. Deterioration of the financial situation of the parties (need for expensive treatment, confirmed by medical certificates).
2. Birth of children.
3. Assigning 1st or 2nd disability groups to alimony-obliged person is a circumstance that requires additional expenses.
4. Receipt of regular income by minors.
5. Increase in payer's earnings.
6. State assistance to a child in need.
7. The appearance of dependents.

This list includes a huge number of circumstances to be considered. Do not play a role in the process:

• income of the legal representative of the minor;
• the child has ownership rights to real estate;
• receiving pension benefits.

Changing the amount of alimony in a claim proceeding involves filing a claim. The document is submitted to the magistrate’s court at the place of residence of one of the parties.

The main task of the applicant in court is to argue new demands. To do this, it is necessary to provide evidence confirming the change in the situation. After studying and assessing the case materials, the court makes a decision to satisfy the claims or refuse.

A decrease in earnings, dismissal (including due to staff reduction) and arrest of the child support obligee are not valid reasons for changing child payments.

If the wife is on maternity leave

In accordance with Article 89 of the RF IC, a woman during pregnancy and caring for a child under 3 years of age has the right to demand the recovery of alimony for herself in court proceedings if there is no mutual agreement on family support.

Article 91 of the RF IC determines the procedure for paying financial support. To study the situation, the following documents are needed:

• passports of spouses;
• certificate confirming marital status;
• medical certificate to confirm pregnancy;
• documents confirming the amount of income of the parties;
• others (if necessary).

However, funds for maintaining a spouse cannot be recovered as a percentage of the salary. The law establishes the possibility of receiving alimony for a spouse only in the form of a fixed amount.

If the child is disabled

Alimony for a disabled child until he reaches adulthood can be collected as a percentage of his salary or as a lump sum. Upon reaching 18 years of age, the right to receive payment ceases.

However, upon confirmation of disabled status after 18 years of age, the child can again recover financial support from the parent.

In this case, if there are additional criteria:

1. Coming of age.
2. Inability of a child to work caused by 1st or 2nd group disability.
3. Need for regular care.
4. Impossibility of employment.

The conditions must all be met at the same time.

To protect the rights of a disabled child, you will need:

• an official document confirming the relationship with the person obligated to support;
• certificates of earnings of the parties;
• extract from the house register;
• medical report (MSEC).

Information is necessary for a voluntary agreement or statement of claim. A court decision and a notarial record are the basis for forcible collection with the help of the FSSP.

Alimony for a disabled adult child can only be collected in the form of a fixed amount. Moreover, the claimant must independently calculate the amount of payment and prove to the court its relevance.

Learn more about the procedure for collecting child support for a disabled child.

The procedure for registering alimony in shares through the court

In the absence of an agreement and one of the parents refuses to voluntarily support the children, alimony is collected in court. Such disputes are considered through writ or claim proceedings.

Issuance of a court order

The fastest way is to apply for a restraining order. The case is being heard by a magistrate. It is important that there is no dispute about establishing paternity or division of property. Otherwise, legal proceedings will be initiated.

The recipient of the maintenance applies to the magistrate's court with an application. Supporting documents must be attached to it.

The list of papers includes:

• information about income level;
• marriage and divorce certificates;
• income information;
• birth certificate;
• certificate of family composition.

Based on the presented package of documentation, the judge makes a decision. A meeting calling the parties is not held. After receiving a court order, it is sent to the bailiff service for enforcement.

Claim proceedings

Most often, the assignment of alimony in shares is made in the manner of claim proceedings. Such claims are considered by the district or city court. A claim for the recovery of maintenance for children is considered in several stages through meetings with the participation of the parties.

The following have the right to go to court:

• second spouse;
• guardian;
• Orphanage;
• child protection.

The applicant draws up a statement of claim, in which he indicates the circumstances of the dispute, evidence of his position, and the amount of funds to be recovered from the defendant.

A package of documents is attached to the claim:

• passport;
• documents on marriage registration, divorce;
• information about family composition;
• birth certificate;
• calculation of the amount of alimony;
• documents justifying expenses for a minor.

The judge holds two or three sessions, during which he examines the evidence and takes explanations from the plaintiff and defendant. If necessary, other persons are involved.

Based on the results of the proceedings, a decision is made. After the judicial act comes into force, a writ of execution is issued. It is handed over to the bailiff to enforce the withholding of child support.

It is important to know! An application for child support can be submitted at any time before the child reaches 18 years of age.

Options for establishing alimony

To assign alimony and determine the amount of monthly payments, it is not necessary to apply to the courts. The parties can resolve this issue by mutual agreement, by certifying the agreement at a notary office. In this case, the rules for establishing payments will be as follows:

• if payments are established in favor of a minor citizen, their amount cannot be lower than the legal minimum - such shares are regulated by the RF IC and amount to ¼ (per recipient), 1/3 (if there are two children) and ½ (if the debtor has three and more than a child);
• the specified legislative minimum may be increased by the parties to the agreement;
• if the recipient of payments will be other persons, the share ratio does not apply, and the parties indicate a fixed amount of the monthly payment.

Payments under a court order or judgment will follow similar rules.

If the claimant is a child under 18 years of age, the priority option is to apply a share ratio to income.

Termination of alimony withholding

One of the conditions for terminating the withholding of child support is that the child reaches the age of majority. The procedure for calculating alimony in such a situation is not established by regulations, and therefore the calculation of alimony to be withheld should be made for the period up to the day of majority. The date of birth of the child must be indicated in the writ of execution.

If the employee does not have arrears on alimony obligations, then the writ of execution must be sent to the bailiff or recipient. If, at the time the child reaches adulthood, the child support provider has such a debt, then the amount due must continue to be collected until it is fully repaid. And only after this the writ of execution is sent to the bailiff or the recipient of alimony.

In the event of dismissal of an employee who was responsible for paying alimony, the accountant in accordance with clauses 4, 5 of Art. 98 229 Federal Law you need to notify about this:

• bailiff at the location of the organization and recipient of alimony, if alimony was withheld based on a court decision. At the same time, the bailiff should be sent the writ of execution;
• the recipient of alimony, if alimony was withheld on the basis of a notarized agreement on its payment. The agreement should be sent to him.

As a conclusion, we note that bailiffs have the right to check the correctness and timeliness of alimony withholdings, as well as their payments from the claimant. But this happens quite rarely. During the audit, financial documents relating to the calculation and payment of wages to the employee paying alimony and payment documents on the transfer of funds to the claimant are usually studied.

Procedure for calculating alimony from salary

Withholding of alimony from wages is carried out by the enterprise where the alimony obligee works, on the basis of one of the specified documents:

• performance list;
• court order;
• notarial agreement on the procedure for collecting alimony.

The transfer of the document to the place of employment can be carried out by the bailiff service, the claimant or the payer.

The accounting department carries out an operation to deduct a percentage from the salary:

• after payment of generally obligatory taxes;
• within 3 days from the date of receipt of funds into the account;
• no more than 70% of income.

Termination of alimony payments

Situations involving termination of payments are regulated by Article 120 of the Family Code of the Russian Federation, including:

1. Death of a participant in alimony legal relations.
2. The contract has expired.
3. Acquiring full legal capacity – reaching adulthood, emancipation.

There are also other circumstances inextricably linked with alimony obligations, for example, the restoration of the working capacity of an adult child.

From court order to agreement of the parties

If there is a mutual desire to make payments on the basis, for example, not of a court order, but of a notarial agreement, it is possible to change the method of paying alimony. According to the court order, payments to the ex-spouse amount to 1/4 of all income. When concluding an agreement, the amount of payments can be determined by the parties independently, but not less than the amount that would have occurred in a court decision.

To avoid double collection of funds (by order and agreement), it is necessary to contact the magistrate who issued the court order with an application for approval of the settlement agreement. In the event of a positive decision on this issue, the judicial proceedings will be terminated without the possibility of re-applying to the court.

Nuances

When making a decision on establishing the amount of alimony, the main feature and difficulty lies in subjectivity. In family law, it is very vague how the amount of material support for needy persons is approved. “Taking into account the financial and family status of the parties” - such a wording, on the one hand, allows the court to consider the situation from all angles, on the other hand, the official can focus on minor circumstances.

Therefore, the verdict largely depends on the plaintiff and defendant, the creditor and payer of funds, and their preparation for the process. In this connection, it is important to pay special attention to Section 5 of the RF IC as it relates to establishing the amount of alimony for needy persons.

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What is remarkable about the calculation of alimony

In Russia, a person who must pay alimony can do this in different forms:

• in the form of a share of wages;
• in the form of a fixed monetary amount, established on an individual basis;
• in the form of property provided as alimony.

It is necessary to add that when calculating alimony, various methods of income are taken into account, such as: various forms of salary, allowances, bonuses, remuneration, vacation pay, all types of pensions, business income, unemployment benefits, disability benefits, and so on.

The payment of alimony has a clear frequency and must be agreed upon. The payer can do it either every month (the most common case when calculating alimony from wages) or quarterly. There are cases when payment is made once in full.

How much will it be

There are many factors that influence the final amount of alimony payments. For example, is the agreement concluded in good faith or is the penalty accepted by the court?

It is also important whether the payer has a place of work and a regular income. If there are none, alimony is collected either in the amount of a fixed sum of money or as a percentage of the average salary. The amount of payments is also affected by the number of children, thus:

The amount of payments is also affected by the number of children, thus:

It should be remembered that by law the payer is not obliged to give more than half of his income, and also, no matter how many children the parents have, they are forced to pay child support equally.

How to find out the amount

One way to find out the amount of alimony payments is an online calculator, which makes calculations quickly and enters them into a convenient table. This application uses official and current data from the legislation of the Russian Federation in the formula.

Calculation order

The procedure for entering data to calculate the amount of alimony using the calculator will be as follows:

• the amount of wages for one month of the former spouse;
• date of divorce;
• date of birth of minor children.

Let's look at a sample use of such an application. For example, the following parameters are set: the salary of the ex-spouse is 45,000 rubles, the date of divorce is 02/10/2017, the date of birth of the child is 03/12/2009.

According to the advice of lawyers, it is best to print out the results after using such services. Then it will be possible to compare received payments with planned ones, as well as track their frequency.

Do not forget that in case of violations of agreements, as well as in case of discrepancies in the amount of payment or debt, you should seek help from the court

Alimony minimum and maximum

The family legislation of the Russian Federation does not establish the minimum and maximum amounts of alimony. However, if the funds are collected as a share of the defendant’s income, their size in most cases is inextricably linked with the main income - the salary of the person liable for alimony.

The minimum wage (minimum wage) from January 1, 2020 is 12,130 rubles, therefore, if an employee is officially employed full-time, he must receive a salary no less than the minimum wage established by the state, thereby the minimum alimony as a share of such income per 1 child must be at least (12,130 - 13%) / 4 = 2,638.28 rubles.

The concept of the minimum amount of alimony is associated with situations when funds are collected from unemployment benefits, that is, in the case when the payer does not have an official place of work and is registered at the labor exchange.

Also, judges in most cases consider the cost of living for a child in the region of his residence as a kind of “maximum child support.” If one has not been established, reference is made to the average PM for Russia. This is due to the fact that alimony should not be a way of additional enrichment; its task is to ensure the satisfaction of the basic needs of the recipient.

Example. If the monthly allowance for a child in the Bryansk region is 10,606 rubles, the maximum alimony per parent can be a multiple of this amount. However, in most cases, courts assign only half of it to the defendant. The judge can impose a full payment of PM in the form of alimony from the father if the mother raising the child or the child himself has social characteristics or serious health problems.

However, parties to alimony legal relations should know that the amount of alimony can be increased or decreased if there are compelling reasons (decrease in income, appearance of other dependents, etc. - for the payer; for the claimant - a change in life situation (acquiring a disability), the needs of the child have increased, due to which additional costs arose).

What are the payments during maternity leave?

If the child’s age has not reached the three-year mark, it is possible to file a lawsuit to recover funds for the maintenance of both the child and the parent caring for him. In this case, the child will most likely receive funds as a percentage of income, and the parent will receive alimony in a fixed amount .

It should be borne in mind that the amount of payments to the (former) spouse is determined by the court and depends on the marital and financial situation of the parties . Funds for the maintenance of a spouse caring for a common child under 3 years of age will be collected only if the parent liable for child support has sufficient funds .

The former spouse can demand funds for his maintenance only if the parties previously lived in an officially registered marriage. If there was no state registration of family relations, then alimony can only be collected for a common minor child .

Arbitrage practice

When considering claims related to determining the amount of alimony for needy persons, the financial and marital status of the recipient of payments and the citizen who has the obligation to provide for a disabled family member is taken into account.

IMPORTANT

When making a decision, the courts primarily take into account the need to protect the interests of minor children. Therefore, the law establishes the minimum amount of child support. The final verdict depends on how the recipient and payer of financial assistance were able to document their positions regarding the amount of financial support.

How is the payout amount calculated?

Like alimony in general, alimony for two children can be calculated in two different ways: either the parents enter into an agreement to pay alimony, or the decision on the amount of payments is made by a judicial authority.

The advantage of signing an agreement between parents is that the parties to it have the right to create a child support payment regime that is comfortable for them. In particular, they can independently determine the amount of alimony payments. He can be anything. There is only one limitation: for two children, the payment amount cannot be less than 1/3 of the monthly income of the paying parent .

Also in the agreement, parents can stipulate the following:

• how often deductions will be made: once a week, a month or a quarter, or will it be a one-time payment;
• will these deductions be expressed in cash (cash or by bank transfer), or in the form of property (a plot of land, an apartment), etc.

Sometimes it even happens that the agreement contains a condition that the fulfillment of alimony obligations will be expressed in providing the child with the use of certain property of the parent.

It is important to remember that a child support agreement is only valid if it is concluded in writing and certified by a notary.

But it often happens that the situation of one of the parties has changed: the economic crisis has affected the financial situation, or one of the spouses has tied the knot again, but the alimony agreement has not terminated or has not been changed. Or, due to irreconcilable differences, the parents never came to a compromise regarding the payment of child support and concluded an agreement that suited everyone. In these cases, the parties can seek help from the court, and then it will determine what the amount and procedure for alimony payments should be.

The calculation of alimony through the judicial authorities forces the alimony payer to pay an amount strictly determined by the court , but nothing prohibits him from transferring funds in excess of this amount. Next, we will tell you about the specific percentage of alimony for 2 children in Russia.

Advantages and disadvantages of this type of accrual

It cannot be said that providing financial assistance to children in the form of a percentage of earnings is an ideal option. Shared accruals have pros and cons, both for the recipient of payments and for the one who fulfills his obligations.

The main benefits for the recipient of financial assistance are:

1. simple collection procedure - a decision on the assignment of payments can be made by issuing a court order;
2. as the income of the party responsible for paying the funds increases, the amount of income per child also increases;
3. stable monthly receipt of financial assistance, since the accounting department of the enterprise where the payer is employed is responsible for writing off funds.

But if you look at the situation from the other side, many advantages can easily turn into disadvantages:

• the party obligated to make payments may provide false documents, on the basis of which the court will decide to pay underestimated amounts;
• the payer may intentionally switch to part-time work, which will lead to a reduction in the amount of payments;
• the recipient may not be aware of the other party's unofficial income.

If the child’s father does not have a stable income, or works under a contract, then the child will be in a more advantageous position if payments are calculated in a fixed amount.

New in child support laws

In 2020, a defaulter may lose his driver’s license due to the formation of a debt in the amount of 10 thousand rubles.
And this is not the only restriction that is imposed on those who evade payment. Debtors are limited in receiving a number of government services, will not be able to pass driver's license exams, and will not be able to obtain documents from the registry office. Permission to leave the country will not be issued to anyone who is in arrears on payments. Moreover, it will take about a month to lift the ban after the debt is repaid.

The Bailiff Service has created specialized departments whose sole task is to collect this category of debts.

Video about all the nuances of alimony payments.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:

Amount of alimony by court decision

The amount of alimony paid monthly in shares per child by court decision in 2020 is:

When deciding the amount of a fixed amount, the court takes into account the level of financial support of the child before the divorce in order to preserve it subsequently. A fixed amount of alimony is usually assigned when the payer’s income is unstable, income is received in kind or in currency, or in the absence of a permanent place of work.