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

The accounting department of the enterprise or employer organization of the alimony payer calculates, withholds and transfers alimony to the recipient in two cases:

if the payer submits to the accounting department a voluntary agreement on the payment of alimony, drawn up by the recipient and the payer and certified by a notary, and his statement of consent to the calculation of alimony and the deduction of the required amount from his salary;
if the employer's administration receives a writ of execution issued by the bailiff service based on a court decision or court order to withhold alimony from the defendant.

Based on Article 109 of the Family Code of the Russian Federation, the writ of execution obliges the administration, and therefore the accounting department, to calculate alimony in accordance with the specified standards and transfer it to the recipient. Since an agreement on the voluntary payment of salary, certified by a notary, has the force of a writ of execution, it is also subject to the mandatory calculation and deduction of the required amount from wages and other income of the payer.

What documents are needed for timely calculation and payment of alimony?

In order for alimony, calculated and withheld upon receipt of salary within the three-day period allotted by the Law, to reach the recipient on time, along with an application for transfer of alimony, the payer must submit to the administration:

exact passport details of the recipient;
address of residence or stay;
bank details for transferring alimony or post office address for transferring money by mail.

If alimony is withheld on the basis of enforcement documents - a court decision or a court order - all the necessary data is indicated in the writ of execution, which is presented at the defendant’s place of work by bailiffs. They are also responsible for the accuracy of the data specified in the executive documents. If there is an inaccuracy, the recipient may not receive the required amount and recover it through the court.

The costs of mailing or bank transfer of money withheld as alimony are reimbursed to the employer by the payer.

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.

What income should be taken into account to calculate alimony for the month?

Decree of the Government of the Russian Federation No. 841 of July 18, 1996 approved a complete list of sources of income of citizens from which it is necessary to calculate and withhold alimony. These include:

all types of wages, salaries and allowances for military personnel and law enforcement officers, taking into account allowances, increased tariffs, combinations and interest;
regularly paid bonuses, bonuses and incentives, sick leave compensation and vacation benefits;
contractual payment, fees for creative workers and commissions for merchants;
payment for food and travel, reimbursed in money;
old-age, length of service, and disability pensions;
scholarships for pupils, students, graduate students, doctoral students;
income from entrepreneurial, investment, and mining activities;
income from rental property;
dividends, interest on deposits and other regular or periodic income.

In accordance with Article 101 of the Federal Law “On Enforcement Proceedings”, alimony is not withheld from payments that are one-time in nature or awarded in extreme circumstances. As an example we can name:

survivor pensions;
compensation for injury;
material assistance to victims of a natural disaster or terrorist attack;
humanitarian aid;
child birth benefit;
monetary compensation for health vouchers.

It should be noted that the above list of circumstances is incomplete. To clarify in each specific case, it is necessary to resort to studying official documents.

Minimum and maximum size

The amount of child support for two children can vary depending on the chosen method of collection.

By agreement

In accordance with clause 1

Art. 80 of the Family Code of the Russian Federation (RF IC)

parents have the right to conclude a special agreement among themselves, within the framework of which the procedure for maintaining joint children will be outlined.

So, in paragraph 1 of Art. 103 of the RF IC states that former spouses, concluding such an agreement, independently determine the amount of future alimony payments.

Article 103 of the RF IC. Amount of alimony paid under an alimony agreement

The amount of alimony paid under an alimony agreement is determined by the parties to the agreement.
The amount of alimony established under an agreement on the payment of alimony for minor children cannot be lower than the amount of alimony that they could receive if alimony was collected in court (Article 81 of this Code).

However, it should not be lower than the amount that a minor could receive if this issue is resolved in court. However, the maximum amount of alimony is not defined in current legislation.

By the tribunal's decision

If one of the spouses evades fulfilling their parental responsibilities, then the recovery of monetary support for the child is carried out through the court. In this case, alimony will have the following amount (clause 1 of Article 81 of the RF IC):

for 1 child – 25%;
for 2 children – 33%;
by 3 or more – 50%.

The maximum amount of deductions from monthly income for payments in favor of a child is 70% (clause 3 of Article 99 of the Federal Law of the Russian Federation “On Enforcement Proceedings”). However, such a measure may be prescribed if the payer has allowed alimony arrears to arise.

How to calculate monthly alimony for payment to the recipient?

Typically, child support is calculated in the second half of the month, when employees receive wages. If the payment is made at the time of receipt of the advance, then alimony will be calculated for less than a full month. It is not advisable to repeat the operation of calculating alimony for the second half of the month. When calculating alimony for an incomplete reporting period, confusion may creep into financial documents.

Alimony is calculated and withheld only after personal income tax deductions have been made. Child support is withheld from the remaining net wages. The amount of withholding depends on how many children the employee pays child support for, and can range from 25% to 50% of the salary.

In addition, an amount is calculated to cover the postal transfer fee if the alimony is sent by mail, or the fees charged for bank transactions. Additional expenses can be avoided if the second parent personally receives money from the company's cash desk. In this case, his signature on the statement of receipt of money serves as confirmation that alimony was paid on time and in full.

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.

How to calculate child support for less than a month?

Example one. The writ of execution, received by the accounting department of the enterprise where the payer works, orders that alimony payments begin to be withheld from the 20th. In this case, payment of alimony for less than a full month is allowed. The calculation and deduction of due payments in the subsequent period must be made in full in accordance with the requirements specified in the executive documents.
Example two. The employee, who is obliged to pay alimony under the writ of execution, quit in the middle of the month. Any citizen has the right to choose the place of work and the nature of the activity performed, which can also be used by the alimony payer. In this case, how to calculate alimony: for less than a month or for the entire month? The law clearly answers this question. Alimony is withheld only for the incomplete reporting period worked.

The circumstances given in the second paragraph entail further actions by the employer. The administration is obliged to submit the writ of execution to the bailiff service - a local or specialized department - within three days. The covering letter should indicate when the payer resigned and the amount of alimony paid.

The further fate of the writ of execution depends on the actions of the bailiff service. They are obliged to transfer documents to the defendant’s new place of work, where alimony will subsequently be withheld.

Evasion from performing these actions by the employer's administration or bailiffs may be regarded as negligence or malfeasance. Fines provided for punishment for officials reach 20,000 rubles, for legal entities - 100,000 rubles. Loss of executive documents through the fault of an official is also punishable by a fine of 2,500 rubles.

How is alimony calculated if the alimony debtor works part-time?

If he begins to evade the official payment of payments, bailiffs can collect payments in the full amount established by law, taking as a basis the minimum wage in Russia.

It is much more profitable for recipients to solve the problem of payments through the court. This is an ideal opportunity to receive alimony in an amount that will fully correspond to the level of the general well-being of the child, as well as the current financial or marital status of his parents at one time or another.

Each parent, in the process of assigning child support payments, is required to document their level of well-being. The size of the fixed payment is calculated not only on the basis of documents, but also on the indicators of the living wage established in a particular region.

As you remember, in the previous article we looked at the issues of determining the amount of child support in proportion to the earnings or other income of the alimony payer, we figured out in which cases this share can be increased and in which it can be reduced.

Gentlemen! I know that the question from an ethical point of view does not go anywhere, but so does what is happening. I kindly ask you to enter into the situation. I work for a Western company and get a white salary.

The ex-wife applied for a “hard sum”, but the judge awarded 25%. As a result, she receives more than a thousand bucks a month.

Antibaby forum

November 2021: income from individual entrepreneurs of 22,340 rubles;
December 2021: income from individual entrepreneurs of 27,310 rubles;
January 2021: income from individual entrepreneurs 15,490 rubles + income from leasing property 15,000 rubles;
February 2021: income from individual entrepreneurs 9800 rubles;
March 2021: income from individual entrepreneurs in the amount of 16,700 rubles.

Total total income as of April 5 is 106,640 rubles.

How is alimony calculated if the alimony debtor works part-time? sample

Under these circumstances, a significant problem arises - the amount of benefits for non-working citizens is extremely low and, most often, it does not cover alimony obligations.

If you don’t contact the employment center

If the debtor is not officially employed and does not have confirmed income, and has not applied to the employment center, alimony is collected in the general manner - in the form of a share of wages.

Since the citizen does not have official earnings, the amount of alimony for an unemployed person will be calculated based on the amount of earnings at the last place of work, or based on the average earnings in a specific constituent entity of the Russian Federation.

If the payer is an unemployed disabled person or a pensioner

When calculating alimony from an unemployed disabled person (pensioner), his total income (pension contributions, disability benefits) is taken into account.

What to do?

Let him live with his mother

Alimony from vacation pay is one of the mandatory types of deductions when assigned.

Submit for alimony Oh, you're a troll

Spit, they show their character, and you respond to them with indifference

Are you still thinking about this mama's boy? ! thousands of women without husbands with children, so what?

Who pays child support? The Family Code of the Russian Federation provides for the obligation of parents to keep the child once she reaches adulthood.

Yeah, I can imagine what kind of mother-in-law you will be, think about your behavior, rubbish “and I tried to keep her at a distance,” God grant you the same son-in-law, then you’ll understand

It's hard for you. Your situation. This is a competition between two women over one man! Don't worry! Contact your parents for help raising your child and financial support!

Everyone around is to blame.

Don't forget that child support is for YOUR child. Are you really trying to underestimate your income so that your child gets less?

If you have to pay alimony, then you will pay from your earnings.

How much does he get? from there they count

Please tell me how much alimony the father will pay if he works part-time? And if he doesn’t work at all

One child. 25% of confirmed income. It doesn't matter how many bets there are.

Is it possible, at his request, to accept him part-time? One of the employees of our HR department, what documents confirming the fact that he pays alimony should be required.

File a claim with the court to establish alimony in a fixed amount (suddenly dad decides to take care of his health and your 25% will be yours).

500 rubles)

I work part-time, part-time

Life has shown that often the husband believes that he pays a lot, while the wife believes that she receives little. I wonder where the difference between a lot and a little goes?

Source: https://advocate-general.com/kak-rasschityvayutsya-alimenty-esli-dolzhnik-po-alimentam-rabotaet-na-polstavki

Termination of payment

In accordance with Article 120 of the RF IC, a number of circumstances that have occurred in the life of a child may lead to the termination of alimony payments. This occurs if the child:

reached the age of eighteen:
was recognized as fully capable before reaching adulthood - got married;
was adopted with the consent of a parent living separately.

These circumstances can occur at any time. The employer's accounting department receives documents indicating the exact date when the child reached the age of majority, became fully capable, or was adopted. This is confirmed by certified copies of a birth, marriage or adoption certificate. When calculating alimony for less than a month, the birthday, the day of marriage registration and the day on which the court decision on adoption was made are not taken into account. The deduction and payment of the amount of money is made only for those days when the payer remained obligated under the writ of execution.

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.

IMPORTANT! Firstly, it should be noted that payments are made from the payer’s net income received after tax.

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.

Collection of arrears of alimony payments

Not all defendants under writs of execution pay alimony on time and in full. In case of accumulation of payment arrears, even the child reaching the age of majority does not terminate the obligations under the writ of execution. The amount of debt is evenly distributed so that monthly deductions do not exceed 50% of wages. The accounting department of an enterprise is obliged to calculate money until the entire amount of debt is repaid.

Additional restrictions are imposed on citizens who have obligations under a writ of execution. So they cannot travel abroad until they pay off the payments presented to them. The property of payers who evade their obligations may be seized and subsequently sold.

Calculation examples

Let us give illustrative examples of how to calculate alimony for a certain number of days, i.e. for less than a month. An example of calculating alimony in a fixed amount for an incomplete month:

Citizen Ivanov V.D. pays 15,000 rubles monthly as alimony to the mother of his son. On May 20, 2018, my son turns 18. The accountant of the organization where V.D. Ivanov works is faced with the task of calculating the due payments for the period from 05/01/2018 to 05/19/2018. 05/20/2018 is not taken into account. What does an accountant do?

He divides 15,000 rubles by 31 - exactly the number of days in May, and multiplies by 19.
15 000 / 31 × 19 = 9 193, 55.
9,193.55 rubles - this is what the mother of V.D. Ivanov’s son will receive. for May.

An example of calculating payments as a percentage:

Citizen Petrov A.P. every month he transferred ¼ of his salary to support his daughter as alimony. His monthly salary is 40,000 rubles (tax has already been deducted from this amount). On June 11, 2021, due to the serious illness of her daughter, the court changed the type of payments to a fixed amount. Accountant at the place of work A.P. Petrova it is necessary to calculate the alimony due in the form of interest for the period from 06/01/2018 to 06/10/2018. Starting from June 11, 2018, payments will be made in the form of a set amount of money. What does an accountant do?

He divides 40,000 rubles by 30 - the number of days in June, multiplies by 10, then multiplies by 25%.
40 000 / 30 × 10 ×25% = 3 333,33.
3,333.33 rubles - this is how much will be withheld from A.P. Petrov. for the specified period of time.

Thus, the calculation of alimony for a certain number of days is carried out by solving simple mathematical equations. The following formulas will help you calculate the amount due for less than a month.

Some nuances when calculating alimony payments

In modern life, there are often times when a person works at several jobs. In such cases, it is necessary to take several writs of execution and provide one copy to each place of employment, because The company's accounting department has the right to calculate all deductions based on this document. In this case, alimony is calculated and paid from each place of work separately. If the writ of execution was not promptly submitted to the accounting department, then the amount of alimony from income accrued after its date must also be recovered in full. It turns out that accountants are required to calculate and withhold alimony payments over the past period of time.

Deduction for the maintenance of dependents is always calculated from the actual amount of wages. If during the month the payer took leave without pay, then alimony will be calculated based on the actual time worked. Payments are calculated according to the same principle when a dependent comes of age - only time worked is subject to withholding of payments.

Sometimes the question arises of how to calculate alimony, how to calculate the required amount of payments when the entire parent’s earnings or a certain part of it are paid on the barter principle. With this form of payment for labor, the enterprise’s accounting department must be based on the current market price of the object of barter payment at the time of its transfer to the employee. From the total amount of all property transferred to the employee during the billing period, the amount to provide for his dependents is calculated.