Calculation of alimony for an incomplete month: percentage and fixed (with examples)

Sometimes there are situations when it is necessary to calculate alimony for less than a full month. This task is periodically faced by bailiffs due to their activities and by accountants of organizations that calculate alimony payments at the debtor’s place of work. In addition, the recipients themselves are always interested in the correct calculation of the final payment amount. So, how to calculate alimony for less than a month?

Features of calculating payments in a fixed amount for an incomplete month

Since the law does not describe the calculation procedure, the accountant has the right to take into account both working and calendar days. However, due to the fact that when calculating the amount of alimony, in addition to direct wages, it is also necessary to take into account vacation pay, it is more convenient to use calendar days to determine the amount of obligations.

The algorithm for calculating the amount of payments in a fixed amount consists of two steps:

Dividing the actual amount of the liability by the number of days in the current month.
The number obtained in the first step is multiplied by the number of calendar days, starting from the date indicated in the writ of execution.

The formula for calculating is as follows:

ALM = SUM / KD * KR, where:

ALM – amount of alimony for the billing month;

SUM – the total amount of payments for the entire calendar month;

KD – number of days in the billing month;

KR – the number of settlement days from the date of receipt of the writ of execution.

Example calculation

Important! When calculating, the number 25 is taken into account, because according to law 26, Vasily’s son is already 18 years old, which means this day is not paid.

From what amount?

When calculating the amount to be paid, the following must be taken into account::

“Net income” is taken into account, that is, minus personal income tax and other obligatory payments to the state (from what income and how is alimony calculated?).
The amount of payments to other alimony recipients is also taken into account if they are paid for different reasons. For example, if the payer must simultaneously support a child and elderly and needy parents, “children’s” payments can be reduced (how to legally reduce the amount of alimony is described here, and from this article you will learn about reducing payments in connection with with the birth of other children.
The amount of alimony is not constant. Even after the court decision has entered into legal force, the payer can file a claim to reduce the amount if his life circumstances have changed (for example, he became disabled, retired, etc.). We wrote in this article about how to file a claim to change the amount of alimony and how to act correctly in this case.

Subtleties of calculating liabilities in shared form

The scheme for calculating the amount of alimony for an incomplete period with shared payments is presented in the following steps:

Subtraction of income tax from the salary of the alimony payer.
Calculation of wages of alimony obligee for one working day. To calculate it, just divide your monthly income by the number of days.
Multiplying the number obtained at the first stage by the number of days taken into account in the calculation.
Multiplying the resulting amount by a percentage. If there is one dependent, it is necessary to multiply by 25%, if there are two - by 33%, if there are three or more - by 50%.

The final formula for calculating liabilities is:

ALM = BH / KD * KR * PR where:

ALM – calculated amount;

BH – net income of the alimony obligee;

KD – number of days in the target month;

KR – number of settlement days;

PR - the percentage of funds withheld from wages in favor of a minor child.

Calculation example

In this situation, the amount of obligations to pay will be:

60,000 * 13% = 7,800 rubles – calculated tax.

Percent

How to calculate alimony set as a percentage for an incomplete month? Alimony as a percentage of the payer’s earnings for a certain number of days is calculated a little differently. The first step is to calculate the earnings of the alimony payer for one day.

To do this, the salary he receives for one month must be divided by the total number of days in this month. Next, the resulting amount must be multiplied by the number of days for which alimony is supposed to be calculated.

Then, we calculate the interest due from the last amount received. Let's write these actions with the formula:

Z – payer’s salary received per month,
OK – total number of days in a month,
NC – those days for which alimony is calculated,
____% - the percentage that is stated in the court decision or notary agreement (25, 33 or 50, and in some cases all 70),
IS – total amount.

To calculate for a full month, we recommend an alimony calculator.

In summary: when is it necessary to calculate alimony for an incomplete term and calculation methods

The Family Code of the Russian Federation regulates the need for parents to pay child support obligations in favor of minor children. The order of deductions is determined in two ways: using an alimony agreement or by going to court.

The need to calculate the amount of obligations for a separate section of the month arises: when an employee is dismissed, when a writ of execution is received not at the beginning of the billing period, when a child turns 18 years old.

The mechanism for calculating the amount of deductions depends on the form of payments. If alimony is paid in the form of a fixed amount, then to calculate it is enough to calculate the amount for one day and multiply by the number of calculation days. With the share method of payments, you must additionally calculate income tax and multiply the resulting amount by the percentage.

Payment of alimony can be made by agreement of the parties or by court decision. At the same time, regardless of the method of depositing funds in the accrual, situations arise when the calculation has to be carried out for less than a full month. The question of a calculation algorithm under various conditions becomes relevant.

1 Procedure and rules for calculating child support
2 How to calculate alimony for less than a month? 2.1 If the payment is made in a fixed amount of money
2.2 When paying alimony as a percentage

3 How to calculate alimony arrears for less than a month?

Calculation of child support by voluntary agreement

The conclusion of a voluntary agreement gives parents the right to independently determine child support, but the most important thing is that the calculated amount of alimony should not be lower than the amount that could be assigned by the court. According to established legal norms, child support for one child should be 1/4 of the salary for one child, 1/3 for two children and 1/2 for three or more children. It is in this order that child support should be calculated if the payer has an official permanent income, but payments are made after income tax is withheld from the income.

When independently calculating your monthly allowance, you must take into account the following important points:

alimony is paid for the maintenance of a minor child or disabled adult;
payments are made voluntarily or compulsorily through the court;
whether the payer has permanent official employment or not;
number of children entitled to maintenance;
method of calculating alimony: as a percentage of earnings, in a fixed form or in kind;
frequency of payments: one-time, monthly or quarterly.

Procedure and rules for calculating child support

The procedure for depositing funds for child support implies three grounds for regular payments:

a voluntary agreement between parents, certified by a notary and having the legal force of a writ of execution;
court decision to collect alimony payments;
a court order to force the withholding of funds for the benefit of a child.

The paperwork procedure prescribes the calculation of alimony from the moment the court decision or collection order comes into force. If a voluntary agreement is concluded, the parties can indicate the settlement date themselves; otherwise, the countdown starts from the moment of signing.

The list of income from which alimony is withheld is presented by Government Decree No. 841 of July 18, 1996. The regulation regulates those types of profits from which percentage deduction of alimony is allowed.

With regard to fixed payments, it is understood that the payer himself decides from which sources to allocate funds for the child.

situations in which it becomes necessary to calculate alimony for less than a full month . The main ones are:

the court decision was not made on the first day, which makes the first billing month incomplete;
changing the method of depositing funds, implying a transition from interest to a fixed payment or vice versa;
dismissal from work - deductions are calculated by the official in accordance with the accrued salary, the day of dismissal is considered the last and is included in the calculation;
the child reaches the age of majority - the date of reaching 18 years of age is not included in the calculation; alimony payments for less than a month are calculated before it.

There is no legislative provision specifically regulating the procedure for calculating alimony for less than a full month. The procedure is carried out in accordance with the general standards for calculating wages and directly depends on the number of days included in the payroll period.

Payment formulas

The regulatory framework governing alimony issues is the Family Code and the Law “On Enforcement Proceedings”. But they do not describe the procedure for calculating alimony for less than a month.

There is no special law regulating the procedure for calculating alimony for an incomplete month, but these calculations are not difficult to make.

The calculation of alimony for an incomplete month depends on the type of payment - whether it is a percentage or a fixed amount of money. Let's consider both cases separately.

How to calculate alimony for less than a month?

Taking into account the specifics of the paperwork for the collection and calculation of alimony, payment for an incomplete month can be carried out:

the bailiff responsible for enforcement proceedings in this case;
an official through whom wages or other income of the payer is calculated;
a bank employee in accordance with enforcement proceedings;
by the payer himself.

The question of how much alimony is calculated depends on the method of deduction. For percentage deduction, all income received by the payer for the specified partial month is taken into account.

Expert opinion

Alekseev Dmitry Yurievich

Lawyer with 6 years of experience. Specialization: civil law. Member of the Bar Association.

The retention procedure involves a certain step-by-step process. First, a thirteen percent tax is withheld from the income of the alimony payer. Payments for the child are calculated from the remaining amount in accordance with the percentage of deductions.

Fixed payments for an incomplete month are calculated according to a similar principle - from the citizen’s net income received after taxation. For clarity, you should consider calculation examples and the corresponding calculation procedure.

If the payment is made in a fixed amount of money

Alimony in a fixed amount for less than a month is calculated using a simplified algorithm :

the total amount of child support payments is divided by the number of days in the corresponding month;
the resulting value is multiplied by the days for which alimony is paid.

The resulting value will become the amount that must be paid for the partial month. In this issue, the key aspect is calculating the number of days for which payment must be made; controversial situations often arise regarding the last date.

The solution to this issue depends on the individuality of the situation; if necessary, consult a professional lawyer or bailiff. A clear example of calculating a fixed amount of alimony for an incomplete month is as follows:

according to a court decision, the parent obligated to pay alimony pays 6,000 rubles monthly for the maintenance of the minor;
On April 17, the child reaches adulthood; the date of official receipt of working ability is not included in the calculation period;
dividing the fixed amount by the number of days in April gives a value of 200 rubles daily;
for 16 billing days of an incomplete month, the parent must pay 3,200 rubles.

The calculation procedure does not depend on the document under which alimony is paid. With a voluntary agreement, fixed amounts for an incomplete month are calculated according to a similar scheme.

When paying alimony as a percentage

To calculate alimony as a percentage for an incomplete month, they turn to the income received for the specified period. The calculation procedure is similar to the previous example, but has certain nuances:

the salary received by the payer after taxes is withheld is calculated;
the resulting value is divided by the number of days in the billing month;
the daily amount of payments is multiplied by the number of days for which alimony payments are required;
the total value is multiplied by the percentage of deductions.

The funds received are used to provide for the child. In practice, such a calculation of the percentage deduction from an incomplete monthly salary looks like this:

25% of income for child support is withheld from the income of the child support obligated parent, all deductions are made by the accountant of the employer’s company;
On August 11, the payer quits, in accordance with the law, he is charged wages for an incomplete monthly period and the alimony withholding is calculated accordingly;
the resulting value is divided by the number of days in August, the daily income is 1178.7;
the date of dismissal is included in the billing period of less than a month as the last working day, for 11 days the payer is entitled to 12965.7 rubles;
25% of the amount received is 3241.43 - this amount is used to support the child.

The official is obliged to transfer alimony to the recipient’s account within three days from the date of payment of wages. All commission costs are paid separately at the expense of the payer.

Making payment for an incomplete month does not relieve the parent liable for child support from making payments for the remaining period. If there is new income for the specified period, a similar calculation procedure is performed. If they are unofficial, the payer independently registers them and calculates funds for the maintenance of the child.

Laws

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

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Before turning to the regulatory framework, we list the situations in which it becomes necessary to calculate alimony for less than a full month:

Circumstances	Note
When a legal act establishing alimony, such as a court decision or order, is issued in the middle, beginning or end of the month, for example, from the 16th (meaning not from the 1st).	Alimony payments begin to be made from the moment the legal act is issued, i.e. in this case - from the 16th of the month.
When the alimony payer quits, and on the day of his dismissal, the accountant at his last place of work needs to accrue alimony to the recipient for less than a full month.	The calculation is made in proportion to the number of days worked by the payer in the current month before the day of dismissal. The day of dismissal is included in the number of days, since it is considered the last working day and is subject to payment.
When the child for whom child support was paid turns 18 years old.	According to the general rules prescribed in the Family Code, alimony is provided only until the children reach adulthood (exceptions do not count). The day when the child turns 18 years old is not taken into account in the total number of days taken into account in the calculation, since from this day the right to payments is lost.
When, according to a court decision, alimony payments as a percentage change to a fixed amount of money.	If the payer is officially employed, then the calculation is made by an accountant at his place of work. If not, then by the bailiff. The calculation is made in proportion to the number of days in the current month preceding the day of the court decision to change the type of payment.

The list of situations is not exhaustive. In practice, other circumstances may arise when it is necessary to calculate payments for a certain number of days.

Now about the regulatory framework. No special law has been adopted that would describe in detail how to calculate alimony for less than a month. Counting is based on simple rules of mathematics. However, when faced with this problem, answers to counter questions can be found:

in the Family Code. For example, Article 109 states that alimony must be withheld within three days from the date the payer receives his salary and no later than this period. In this case, it does not matter on the basis of what legal act the funds are collected: a voluntary agreement or a court decision;
in the Law “On Enforcement Proceedings”. It represents a whole set of rules defining the activities of bailiffs: terms, responsibilities, powers, including duties.

Persons who can make calculations and subsequent withholding:

bailiffs;
accountants of the organization where the alimony payer works;
accountants of the Employment Center - from the benefit of the payer registered as unemployed;
the alimony payers themselves, if they are individual entrepreneurs;
bank employees on the basis of a collection order from the bailiff. When the payer, an individual entrepreneur, refuses to pay alimony on his own, a bank employee does it for him, transferring a certain amount of money from his bank account.

No one else, except the above-mentioned persons, is authorized to pay alimony payments for less than a full month.

How to calculate alimony arrears for less than a month?

The calculation of debt for less than a month is carried out according to the same procedure as the current withholding of alimony. The key issue is the provision of income statements for the specified period.

Expert opinion

Alekseev Dmitry Yurievich

Lawyer with 6 years of experience. Specialization: civil law. Member of the Bar Association.

If such documents are available, the calculation procedure takes into account the actual income received. In the absence of documentary evidence, the average salary in Russia is taken into account for percentage deduction.

alimony debt

the decision to collect alimony payments was made by the court on November 21, 2020, the withholding percentage is 25%;
the parent obligated to pay child support did not pay child support for less than a month, on the basis of which enforcement proceedings were initiated;
no evidence of income in the specified period was presented, the calculation is based on the average salary;
according to the specified scheme, this value is divided by the number of days in November and multiplied by the payment period, including the date of approval of the court decision;
the resulting amount of 12949.33 is the average statistical income of a citizen for the specified period;
25% of this amount is 3237.33, these funds constitute the debt for less than a full month.

If the payer’s intentional evasion from depositing funds is proven, the amount received will be increased by 1% for each day of delay. The values are added up for each month of non-payment.

Fixed amounts of alimony for an incomplete monthly period are calculated using the appropriate algorithm without the need to refer to average statistical indicators. Such payments are ordered by the court if the official income provided by the payer for the specified months is too low for the percentage withholding of alimony in favor of the child.

In addition, the recipients themselves are always interested in the correct calculation of the final payment amount. So, how to calculate alimony for less than a month?