How to calculate the penalty for alimony: an example
As you know, children are considered to be the most unprotectedpersons. Accordingly, the Constitution of the Russian Federation provides for material support from their parents, and they are entitled to have a full-fledged family.
However, it happens that the couple takedecision to break the marriage. Is it bad or good? To judge it is not necessary. However, one thing is clear - the child must continue to provide material support. That's why the concept of "alimony" operates.
Unfortunately, in our country there are cases whenone of the spouses refuses to pay alimony. Mostly it concerns men. Gradually, over many years, the debt accumulates. Therefore, you need to know how to correctly calculate the penalty for child support.
Definition of concepts
Alimony is a monthly payment that is aimed at keeping a child. This type of payment one of the parents addresses in favor of another, who stayed with the minor.
The need for payment of maintenance is approved forlegislative level. Former spouses can conclude an agreement with a notary or refer the matter to a court. The decision of the court is sent to the bailiffs' service, which are already engaged in recovery. Most often, the writ of execution is redirected to the organization in which the payer of alimony works.
The amount of child support is as follows:
- 25% of salary for 1 child;
- 33% of salary for 2 children;
- 50% of the salary for 3 or more children.
It should be noted that if children are not in the same family, the amount is distributed between them in equal shares.
What if the payer of alimony is not employed?
In this case, the payment will still be charged. However, it will be in the minimum amount.
Unfortunately, some spouses after partingcarelessly and irresponsibly relate to their parental responsibility to provide for the child. Gradually, the debt increases with a "snowball". Such irresponsibility is punishable by law.
Deviationists or debtors are liable under the law. In special situations there is even a criminal one.
The most frequent punishment is the use of a penalty.
Of course, one can turn to a professional lawyer to help in the calculation. However, it is worthwhile to know for yourself how to calculate the amount of forfeit for child support.
Actions before the forfeit calculation
How to calculate the penalty for alimony? It is necessary to take into account two main factors:
- amount of debt;
- number of days overdue.
Of course, the penalty will significantly "hit" on the wallet. That is why in the next times the payment will come in time.
The full procedure for collecting the forfeit is prescribed in the Family Code of the Russian Federation. The calculation is influenced by how parents solved the issue with alimony:
- voluntarily agreed with each other and concluded a notarial agreement;
- the content for minors was appointed by court order.
If a voluntary agreement was entered into, thenthe law prescribes the payment of a penalty in the amount specified in this document. If the issue was resolved through a court, the rules of the Family Code apply.
What are the grounds for charging?
In order for the child to have the proper levellife, the parent-recipient of alimony is fully entitled to take independent measures to recover both alimony and forfeit. One of the main actions is filing a lawsuit in court.
A penalty to a defaulter is charged in such cases:
- if the writ of execution was handed over to bailiffs;
- by a court decision on the need to pay alimony;
- if a voluntary agreement has been entered into between the parties (both spouses);
- if there was an arrears in payment of maintenance due to the fault of the payer;
- by a court decision on the increase of a penalty to an already existing debt.
The penalty is not charged in the following circumstances:
- debt was due to non-payment of wages to the alimony payer;
- if the payer is temporarily incapacitated or if there is a certain illness;
- if the writ of execution has not yet entered the bailiff service;
- when recognizing the fault of the accounting department of the enterprise where the alimony payer is working, or the bank that transferred money to the beneficiary's account.
How to calculate the penalty for alimony: nuances
For correct calculation it is necessarytake into account certain nuances. First of all, you should know who should calculate the forfeit of child support. The calculation for untimely payment should be made by the Federal Bailiff Service. Even if there is an official agreement between the spouses, and the recipient knows how to calculate the penalty for unspent debt, before filing a lawsuit, you need to take the official paper from the above-mentioned monitoring body, which counts this figure without fail to avoid error and bias.
The bailiff must have all the necessary personal information about the alimony payer, namely:
- place of work and size of salary;
- the amount of the monthly payment;
- amount of debt;
- details of the alimony agreement or court decision.
Basic formulas for calculating
How to calculate the penalty for alimony? The formula is needed for this. Two variants are used:
- The amount of debt for the last and previous months * the number of days in a particular month *% of the penalty.
- The amount of debt for a certain month * the number of overdue days * the penalty percentage.
How to calculate the penalty for alimony: an example
Let's consider in more detail the first formula (the amount of debt for the last and previous months * the number of days in a particular month *% of the penalty per day).
If the alimony is appointed by the court, then 0.5% is taken for each overdue day, this size is defined in the Family Code of the Russian Federation (art.115).
Amount of debt:
- May - 12,000;
- June - 16,000;
- July - 12,500;
- August - 15 400.
May: 12,000 * 31 * 0,5% = 1,860 rubles.
June: (12,000 + 16,000) * 30 * 0,5% = 4,200 rubles.
July: (12,000 + 16,000 + 12,500) * 31 * 0.5% = 6,277.5 rubles.
August: (12,000 + 16,000 + 12,500 + 15,400) * 31 * 0.5% = 8,664.5 rubles.
When you add up all the values, you get 21,002 rubles.
We consider the second formula.
First, calculate the total number of days of delay: 31 + 30 + 31 + 31 = 123.
May: 12,000 * 123 * 0,5% = 7,380 rubles.
June: 16,000 * 92 * 0,5% = 7,360 rubles.
July: 12,500 * 62 * 0,5% = 3,875 rubles.
August: 15,400 * 31 * 0,5% = 2,387 rubles.
The total value for this period was 21,002 rubles.
The couple agreed: what to do?
How to calculate the penalty for the delay in alimony,if the couple managed to agree? If there is a written agreement between the parents, in which the conditions for calculating the forfeit were clearly specified, the accrual technology will look different. For example, the spouses agreed that alimony will come on the 20th of the month. Then for each overdue month the amount will be multiplied by the percentage that is specified in this agreement. Let's say it is 0.3% per day for one month, for two overdue months - 0.6%, for three months - 0.9%, etc.
The calculation of the debt from the previous example will look like this:
May: 12,000 * 31 * 0.3% = 1 116 rubles.
June: (12 000 + 16 000) * 30 * 0.6% = 5 040 rub.
July: (12,000 + 16,000 + 12,500) * 31 * 0.9% = 11,299.5 rubles.
August: (12,000 + 16,000 + 12,500 + 15,400) * 31 * 1.2% = 20,794.8 rubles.
When you add up all the values, you get 38 250.3 rubles.
How to receive compensation?
Undoubtedly, it will take a lot of patience and perseverance to "knock out" a penalty from a spouse who is irresponsible in paying alimony.
Often, a decision is made to recover compensationcomes to mind when the debt is already fabulous. If for a long time the defendant refuses to fulfill parental responsibilities, it will be difficult to prove his guilt. It is necessary to carefully study similar situations in judicial practice.
How to calculate a forfeit on alimony, you alreadyyou know. Now you need to get it. For this it is necessary to file a petition for recovery. Court bailiffs sometimes expect a penalty on the entire amount, but more often for each month overdue.
Actions of the plaintiff
It will be necessary to collect such a package of documents:
- the court decision on the recovery of alimony from the defendant;
- document (certificate) on the birth of a child;
- certificate of registration of the child, the plaintiff;
- any proof that the defendant does not live with the child on the same floor;
- full calculation of the debt of alimony (it must be issued by the bailiff, the leading enforcement proceedings);
- evidence that the plaintiff does not have sufficient financial resources to adequately provide for the child;
- proof that the respondent's income is satisfactory.
Tip: Take the list of debts for each month from the bailiff - this will greatly simplify the calculation of penalties.
If there is no information on the amount of the debtor's income, how can I calculate the penalty for child support? The calculation is based on the size of the average wage in Russia.
Experienced lawyers advise to act as follows:way. Judging from judicial practice, the judge is skeptical enough to recover a large amount of forfeit from the debtor. That is why it is better to file a number of claims for payments in installments. For example, to apply for the calculation of the debt for the first years of non-payment, and in the process of considering the case in court to ask to pay the penalty in full.
Of course, it is better to make payment on alimony in a timely manner, otherwise the forfeit can significantly "hit the wallet" of the debtor.
In order to conveniently pay alimonyat a voluntary agreement, it is possible to ask the employer from each salary monthly at once to transfer the sum on the account of the former spouse. Then there will be no problems with the accrual of funds, troubles can almost be avoided, and from the legal point of view, all will be clean.