Calculation of the amount of alimony based on the average wage. Calculation of alimony from wages When taken as a basis

Home Amount of alimony Average salary in Russia for calculating alimony

In general, child support in Russia in accordance with Art. 81 of the Family Code are paid in shares of actual earnings parent (salary, allowance, additional remuneration, allowances and surcharges, bonuses, etc.) or his other income specified in Government Decree No. 841 of July 18, 1996. If the alimony payer (as a rule, ex-husband or the child's father) has irregular or no income, child support may also be awarded in hard cash .

If for some reason the payment of the appointed alimony was not made (including within 3 years preceding the presentation of the bailiffs for collection of a writ of execution or an agreement certified by a notary on the payment of alimony, or for the entire period if the payment of alimony is not made through the fault of the payer) , then debt is formed. the size of which according to paragraph 4 of Art. 113 of the Family Code of the Russian Federation can be determined:

also based on the actual wages alimony-obliged person and other accountable income;
based on size average salary in Russia at the current moment, corresponding to the date of debt collection:
- if the alimony payer did not work during the period when the debt was formed;
- if no documents can be submitted that can confirm the amount of his earnings for this period.

The average wage is, as is clear from the phrase itself, average value paid wages of the working population as a whole Russian Federation. At the beginning of 2017, according to Rosstat, the average monthly salary in the country as a whole amounted to 35900 rub.

Thus, at its core, the average monthly wage is a theoretical value, but bailiffs widely use it in practical application, in particular, when calculating alimony arrears .

When is alimony calculated from the average salary in Russia?

As you know, there are much more alimony debtors than conscientious payers, and the reasons for alimony debt can also be very different: from a real lack of a job to hiding income by the debtor. However, such factors do not relieve the “evaders” from their duties and do not bring particular difficulty to the bailiff: in relation to the debtor, a alimony arrears .

The payment debt is formed by the person liable to alimony, regardless of which form of collection of funds is not performed by the "evader":

In this case, the amount of debt by the bailiff is determined from:

payment method. prescribed in the writ of execution or agreement;
employment income or other income from which funds may be withheld.

The maintenance debt is determined by an authorized official of the FSSP based on the average wage in the Russian Federation, if during the period of debt formation the payer:

was unemployed;
did not provide documents confirming earnings or other income;
was not registered with the employment center.

Calculation of alimony arrears from the average monthly salary in the Russian Federation

When a voluntary notarial agreement or a court decision on the recovery of alimony is not executed by the debtor, the bailiff is obliged to calculate the accumulated debt on payments for this person. This is done in order to:

in the event of the subsequent employment of the debtor or the discovery of his other income, collect the accumulated debt in favor of the alimony recipient;
on the basis of the resolution on the calculation of the debt, apply measures to the debtor to bring him to various types liability (administrative, civil, criminal).

The main value used by the bailiff when calculating the debt. is the average monthly salary in the Russian Federation. The use of this particular indicator for the Federal Bailiff Service (FSSP) is regulated three regulations:

paragraph 4 of Art. 113 of the Family Code of the Russian Federation;
paragraph 3 of Art. 102 of Law No. 229-FZ "On Enforcement Proceedings" ;
"Methodological recommendations on the procedure for fulfilling the requirements of executive documents for the recovery of alimony"(approved by the FSSP of Russia on 06.2012 No. 01-16).

Information on the current average salary in the Russian Federation must be requested monthly from Rosstat or confirmed on its official website.
Income tax individuals(personal income tax), equal to 13%, when calculating debt not withheld .
The moment of debt collection is considered date of actual repayment of the debt .
The calculation of alimony arrears must be carried out by an employee of the FSSP quarterly .

The debtor should remember that alimony debt will be calculated not by area of residence payer or recoverer, and according to the indicator of the Russian Federation in order to protect the rights and legitimate interests of minors in whose favor alimony payments are accrued.

An example of calculating debt by bailiffs from the average salary

Payer Petrenko N.N. received a monthly salary at the enterprise in the amount of 20,000 rubles. his maintenance obligations for 1 child, according to the court order, amounted to 1/4 of all types of income. Since a different income Petrenko N.E. did not have, the monthly payment for the maintenance of the child was 5000 rubles.

Wanting to avoid payment obligations and hide his income, on 07/01/2016, Petrenko quit his job and got a job in private company informally (without employment contract). In October 2016, he received from the bailiff debt settlement order for alimony for 4 months from the average monthly wage (MSW) in Russia in the amount of 35843 rubles. for September 2016:

July 2016 - RUB 8960.75 (1/4 of FFP);
August 2016 - RUB 8960.75 (1/4 of FFP);
September 2016 - RUB 8960.75 (1/4 of FFP).

Total debt gr. Petrenko N.N. from 07/01/2016 to 10/01/2017 amounted to RUB 26882.25 It turns out that if this citizen continued to officially work at this or another enterprise and paid alimony in good faith, the amount of alimony payments for the same period would be only 15000 rub.- which is almost 2 times lower.

Average salary in Russia in 2016 according to Rosstat

A very large variation in the average monthly wage across the regions of the Russian Federation makes it unprofitable for payers to be able to calculate alimony arrears by bailiffs based on the average salary in the country for most regions of Russia.

So, according to the official data of Rosstat:

The average salary in Russia in 2016 was 36746 rub. ;
the maximum average monthly salary was registered in the Chukotka Autonomous Okrug - 85678 rub. ;
the minimum wage was paid in the Republic of Dagestan - 19953 rub. on average for 2016.

Read also: State cadastral registration of real estate

Thus, the difference in income levels between residents of regions with the highest and lowest average monthly wages, according to the data for the last 2016, was 85678 - 19953 = 65725 rubles.

At the same time, out of 85 subjects of the Russian Federation:

Total 17 regions have a salary above the national average (in these regions, the calculation of alimony debt from the average Russian salary of 36,746 rubles may be more beneficial for payers and unprofitable for recipients of alimony payments);
in the rest 68 regions the level of salary is lower than the average Russian one (here, the use of the average salary for calculating alimony is more beneficial for the recipient and disadvantageous for the majority of payers).

Full data on the average salary in Russia in 2016 according to Rosstat are given in the table below.

Name of the subject of the federation

Alimony from a non-working father for a child in 2017

When we talk about the recovery of alimony, we mean the deduction of a certain amount of money from the payer's earnings. And the question of the recovery of alimony from an unemployed parent, most of us baffle.

And really, where does alimony come from if there is no income? But is it possible that the responsibility for the maintenance of their children is removed from the father only on the basis of the lack of work?

Should an unemployed person pay child support?

To answer this question, one should turn to family law. Article 80 of the IC of the Russian Federation establishes that parents are obliged to support minor children, regardless of their labor status, that is, on the presence or absence of work and earnings. At the same time, parents have the right to agree among themselves on the procedure and amount of payments for the maintenance of the child.

From this follows the conclusion that the lack of work and earnings does not remove the obligation to pay alimony!

The minimum amount of payment of alimony from a non-working person in 2017

Sometimes for a non-working alimony payer, the amount may be too large. After all, the amount of earnings in some cities and towns is much lower than the average for Russia.

Since the law only determines the procedure for calculating alimony, but does not establish a minimum amount of alimony, lawyers strongly advise resolving this issue peacefully - by concluding an agreement. In the agreement, parents can set a minimum amount that suits both.

If the agreement is not concluded, the court will establish the minimum amount of alimony for the unemployed. This will take into account not only abstract averages, but the real life circumstances of the parents and the child: the level of earnings, region of residence, marital status, reasons for dismissal, period of unemployment, and so on.

If the child support payer agrees to support the child, the court will set the minimum amount of support that he will be able to pay. If the payer evades payment, the court will calculate the alimony in accordance with all the rules, taking as a basis the indicator of average earnings in Russia.

In some cases, the court may establish a fixed amount of alimony from a non-working payer. Its size will depend on what was the previous level of provision for the child of the previous level, what is the current financial and marital status of the parents.

The amount of alimony from the unemployed

How much is alimony paid if the unemployed father has no income? To get an answer to this question, consider several options for collecting alimony.

If the alimony payer has the official status of unemployed

If a non-working parent applies to an employment center and receives official status as unemployed, he receives unemployment benefits. The amount of the benefit is determined on the basis of the average salary at the last place of work or the average salary in the region of residence. Alimony is paid from this allowance - in the amount established by the maintenance agreement or a court decision.

The only problem is that the unemployment benefit is extremely low and often does not cover maintenance obligations.

If the payer does not work and does not apply to the employment center

If the payer does not work and does not have earnings, but does not apply to the employment center, the collection of alimony is carried out in the general manner - in the form of a share of earnings. But since he has no official income, alimony is calculated based on the amount of earnings at the last place of work or the average earnings in the region of residence.

If the payer is an unemployed disabled person or a pensioner

When calculating alimony from an unemployed disabled person or pensioner, his total income (pension, disability allowance) is taken into account. If this income is below the subsistence level in the region of residence, the maintenance obligations will be assumed by the state. When determining the amount of alimony, the needs of the child will be taken into account, so it is in the interests of the recipient to provide evidence of the maximum "need".

If the payer is not officially employed, but has a variable income

If the payer has earnings (albeit intermittent), but it is not possible to collect alimony, because the payer is not officially employed, the problem can be solved:

by tracking cash receipts and expenditures. After the issuance judgment for the recovery of alimony, you should contact the bailiff with a statement on tracking the income and expenses of the payer. This will allow checking monetary transactions and establishing the amount of earnings, on the basis of which it is possible to recover the appropriate amount of alimony - in a new trial.
by obtaining evidence of the payer's income. Witnesses who are not interested in the results of the trial may testify about the income of the alimony payer known to them.

What is the amount of alimony from a non-working person in 2017

How much does an unemployed person have to pay child support? As is clear from the above, to determine the amount of alimony from a non-working person, it is often used indicatoraverage salary - either by region of residence or in Russia .

According to this provision, the amount of alimony will be 1/4, 1/3 or 1/2 of the average wage. In January 2017, the average wage in Russia was 30,100 rubles (the average wage may vary by region!). How are alimony calculated? In order to roughly calculate the amount of alimony for the unemployed, we will start from this indicator.

An example of calculating child support for a non-working person

for one child - a quarter of the average wage, 30100 x 25% = 7525 rubles;
for two children - a third, 30100 x 30% = 9030 rubles;
for three children - half, 30100 x 50% = 15050.

If the alimony payer is unemployed, but registered with the employment center, another indicator is used to calculate alimony - the minimum wage unemployment benefit. In 2017, its amount was 5965 rubles. So, how to calculate child support from a non-working ...

for one child - a quarter of the unemployment benefit, 5965 x 25% = 1491.25 rubles;
for two children - a third of the allowance, 5965 x 30% = 1789.50 rubles;
for three children - half of the allowance, 5965 x 50% = 2982.50 rubles.

How to collect and receive alimony from a non-working person?

Alimony from an unemployed citizen in Russia can be collected in two ways:

as a share of earnings;
in the form of a fixed amount of money.

Read also: What happens during a divorce if the apartment was bought with a mortgage before marriage

Consider the advantages of each method of collecting alimony in circumstances of lack of work and earnings.

Recovery of alimony from the unemployed as a share of earnings

Since the unemployed payer has no work and earnings, the amount of alimony will be determined based on the average salary in the region of residence .

The advantage of this option is that, despite the lack of work and earnings, the payer will accumulate alimony arrears. If work and earnings one day appear, the amount of the debt will be collected from the income, and if they do not appear, from the property belonging to the debtor.

The disadvantage of this option is that the unemployed may be registered with the employment center. And then the alimony will be charged from unemployment benefits, the size of which, as a rule, is low.

Collection of alimony from the unemployed in a fixed (fixed) amount of money

The advantage of this option is its stability and predictability - regardless of the availability of work and earnings, the unemployed alimony payer transfers a fixed amount every month.

But this advantage also has a disadvantage. An unemployed person can at any time get a high-paying job, and the fixed amount of alimony established by the court will remain the same. In addition, you should not hope that the court will establish a fixed amount of alimony equal to the living wage. Having studied the financial and marital status of the payer, the court may appoint alimony, for example, in the amount of 0.1 of the subsistence minimum. The minimum threshold for maintenance payments is not established by law.

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What is the average salary for calculating child support in Russia in 2017

The average wage is one of the macroeconomic indicators. It is defined as the average monthly income of the working population in Russia. This value is used for the actual calculation of child support. The average wage is also taken into account when calculating the amount owed by the alimony payer. At the same time, the lowest and highest indicators are taken into account in the calculation of the average amount, since the average indicators are beneficial for alimony payers who live and work in "rich" regions, and are not so beneficial for residents of "poor" cities and regions.

From January 1, 2017, according to the data provided by Rosstat, the average salary is 36,200 rubles. However, it should be borne in mind that this is an average figure for the whole of Russia. In each individual region, the average salary is different. In the Moscow region, this is 30,986 rubles. in Pskovskaya - 17,967 rubles. in Tulskaya - 20,929 rubles. in Kaluga - 23,781 rubles.

However, when calculating child support, it is not the average salary for the region that is mainly taken into account, but the average value for all regions of Russia is taken. If the alimony payer is in arrears, the court may demand that all payments be made for three recent years. If the established amount was not paid due to the fault of the payer, then the collection of alimony is carried out for the entire period of the expected payments.

When is the average salary taken into account for the calculation of alimony

According to the current legislation, this value is taken into account when calculating the amount of payments if the payer does not have an official source of income. Also, the average salary in Russia is taken into account if the payer is an individual entrepreneur, but refuses to provide the court with the relevant financial documentation. This amount is used to determine the amount of alimony if the payer has a debt. At the same time, for the entire period of payments for calculations, the average salary established in the current year is used as monthly income.

The accounting is based on the following legal acts:

Law No. 223-FZ of the Family Code of Russia (Article 113).
Federal Law "On Enforcement Proceedings" (Article 102).

The second law prescribes the procedure for collecting debts if the payer refuses to pay alimony.

The court has the right to recover financial obligations even from an unemployed parent if the claim is filed before the child has reached the age of majority. In this case, if the debtor receives unemployment benefits, he must pay a certain percentage of the amount received as alimony.

If, before the formation of the debt, the parents entered into an agreement, then the calculation is made in accordance with the provisions that are spelled out in it. The contract should indicate how the payer should make payments (cash or non-cash), how many times a year he needs to transfer money and what amounts. If the payment is indicated as a percentage of income, then during the period when the payer is not working, amounts are collected from him, which are calculated based on the average monthly income of working citizens in Russia.

Share ratio

If the parents did not conclude an agreement on the payment of alimony, then the calculation of the amount is made in accordance with applicable law. In Russia, alimony from a non-working parent for one child is 1/4 of the monthly income or the average salary in Russia. If there are two children, the amount of payments increases to 1/3. If there are three or more children, monthly payments will amount to 1/2 of the amount of monthly income or average salary (in the absence of a source of income).

Going to court

A woman filing a lawsuit to recover child support must indicate the amount that the father of the child must pay each month, as well as provide the judicial authorities with information about the financial status of the father of the child and the family before the dissolution of the marriage. Be sure to mention all the facts that can affect the decision of the court regarding the determination of the amount of payments. This may be, for example, the absence of earnings from the father of his own free will, the need to pay for the education of the child or his treatment, and so on.

When applying to the court, in addition to the statement of claim, the following documents must be submitted:

a copy of the claimant's passport;
a copy of the birth certificate or a document confirming the fact of paternity;
a copy of the divorce document;
certificate from the place of work, which indicates the amount of the monthly salary;
an extract from the housing authorities confirming that the child lives with the plaintiff.

In order to provide the court with a detailed justification that the amount claimed is not exaggerated, it is necessary to draw up a calculation of expenses for the child, attaching confirming sales and cash receipts to the list. You can also involve witnesses and expert appraisers in the case.

Responsibility

The absence of formal employment is not yet a reason for releasing a parent from responsibility for the maintenance of his child. Thanks to such an indicator as the average salary in Russia, the judiciary determines the amount of alimony even for non-working citizens. With absence Money, payments can be made with property that was acquired during marriage or is the property of the debtor.

The size of the average wage in the Russian Federation 2018 for the calculation of alimony The judicial authority will determine the debt in solid form, taking into account:

financial and marital status of the claimant;
financial and marital status of the payer;
other circumstances deserving the attention of the court.

Also, in case of disagreement with the ruling issued by the bailiff on the maintenance debt, any participant in legal relations has the right to appeal against his actions (decision) in the manner prescribed by the CAS RF. The total amount of alimony payments, even if there is a large debt, cannot exceed 70% of the payer's income. Such a restriction is provided, since the alimony must also somehow exist.

Average salary in Russia for the calculation of alimony

Conclusion Thus, alimony can be paid for the child of the former spouse in the form of a fixed fixed amount of funds or a percentage of the average wage (in this case). There is also a way to pay off debt by assessing and collecting property.

Attention

The final decision is made by the court or a voluntary agreement of the parties, certified by a notary, is described. The average salary in Russia sets the amount of alimony, based on the calculation established by law:

A quarter of income with one child from a former marriage;
One third of income with two children;
Half of the monthly income if the father has three children from a former marriage.

The average salary in the country is the determining factor, which is divided into the above parts, if the defendant cannot prove the official and exact level of income for a specific period of non-payment.

The average salary in Russia in 2017 for the calculation of alimony

Since often the “statistical” average monthly salary in the country as a whole is much higher than the real income of a working citizen in most subjects of the federation, then becoming a debtor for alimony in this case is extremely unprofitable, first of all, for the payer himself (and vice versa - it is often more profitable for an alimony recipient). An example of calculating debt by bailiffs from the average salary Payer Petrenko N.N. received a monthly salary at the enterprise in the amount of 20,000 rubles, his maintenance obligations for 1 child, according to the court order, amounted to 1/4 of all types of income. Since a different income Petrenko N.E. did not have, the monthly payment for the maintenance of the child was 5000 rubles.

How much is the average salary for the calculation of alimony

a one-time transfer of property or a large amount of money, which can cover alimony for many years to come, and in some cases up to adulthood;
a court order, if the alimony payer does not express any objections or protests;
litigation, when parents cannot find common ground and the case has to be decided in court.

25% - per child;
33% - for two children;
50% - for three or more minors.

Important! The decision of the court is binding on all parties to the process, however, if someone does not agree with the verdict, then he can challenge it in the manner prescribed by law.

The average salary in Russia for alimony

The alimony payer should always remember and be interested in the timely payment of alimony, because the obligation to repay debts for these types of payments does not disappear even when the child reaches 18 years of age. And for a period of unemployment, an impressive amount can accumulate.

Important

How is the amount owed by country calculated? It's no secret that the average level of wages varies significantly across the constituent entities of the Russian Federation. This difference is due to many factors. The level of the average monthly wage is directly related to the level economic development region.

And since the subjects of the Federation are remote from the federal center, located in different natural and climatic conditions, they also have different economic potential.

The average Russian salary in 2017 for the calculation of alimony

Important At the moment, from January 1, 2018, the established average Russian salary is 27,339 rubles. The situation in the regions may differ for better or worse.
For example, in Moscow, the average salary is more than 50 thousand rubles, and in the Republic of Mordovia it does not even reach 17 thousand rubles. When forming the exact amount of the payment, it is impossible to additionally deduct the collection of personal income tax.
Since the average monthly Russian salary is not the exact amount received by the defendant for a certain period. The use of this method is relevant in cases where the responsible person receives wages in non-national currency or his pipes are paid for by actual products, the subsequent sale of which cannot be officially established.

Alimony calculation: average salary in Russia in 2017

To date arbitrage practice recovery of maintenance obligations is quite wide. Everyone knows that the judicial system provides for a percentage scheme for calculating the cost of maintaining a child, and it depends on the number of minor children who are dependent on their parents.

Info

The share of alimony in a parent's total income varies from ¼ to ½. In what cases does the calculation of alimony depend on the average wage in Russia? Our article will help you find the answer to your question.

01 When is the average salary in Russia taken into account when calculating alimony? It is of interest that the current alimony payments are determined based on the current salary. However, there are cases when a citizen loses his job and does not have a permanent income, and also cannot confirm its size with documents, he is not registered as an official unemployed.

Indicators of the average salary in Russia for the calculation of alimony

Average salary and alimony When accruing alimony for a child, the average salary in a region, city or country is often taken as a basis. It depends on the specific situation. In our country, unfortunately, there are still many people who receive an unofficial salary, “in an envelope”, and this is often used by fathers who do not want to pay alimony for their children.

That is, officially a person is unemployed, but in fact he occupies a highly paid position and does not need anything. It can be very difficult to prove this, so the Russian Federation has developed a mechanism for collecting alimony at the average salary in the region.

Also, this indicator is used in the calculation of arrears of alimony. According to the law, the recipient has the right to collect the debt either for the entire period, if there is a court order or court order, and the alimony payer for some reason did not fulfill his obligations.

The average salary in Russia for the calculation of alimony in 2018

Important! Monthly child allowance during the period of searching for parents who evade making maintenance payments, in terms of an increase by 50%, is collected from parents. With an accrual of 10% from the regional budgets paid to the income. Average salary for alimony calculation Important Average salary for alimony calculation )*33/100₌ 17,806. Or, for example, the debtor is an individual entrepreneur and lives in St. Petersburg. He refuses to provide information about his monthly income. Attention The debtor has one child.

Average earnings for the calculation of alimony in 2018

Average earnings by regions of Russia In Russia, the average wage in 2018 is approximately 37,400 rubles. Important! To calculate the debt, only the federal average wage rate is used.

This is expressly stated in the RF IC and in the Federal Law on Enforcement Proceedings. In each subject of the Russian Federation, such indicators vary. Often very significant. In the Moscow region - about 44,000 rubles, in Moscow - over 70,000 rubles, in St. Petersburg - over 50,000 rubles, in the Leningrad region - more than 29,000 rubles. The average salary in Russia for the calculation of alimony The gap between the first and last place has increased - now it is 4.7 times.

In this case, it is necessary to take into account the average wage indicator established for the city of St. Petersburg. This indicator is 34,110 rubles. The calculation is carried out according to the following formula: 34,110 rubles * 25/100₌ 8527 rubles.

He works, but does not have a concluded employment contract, i.е. it is impossible to determine the amount of his monthly salary. The average salary in Russia in 2018 for the calculation of alimony on average for 2016.

Thus, the difference in income levels between residents of regions with the highest and lowest average monthly wages, according to the data for the last 2016, was 85678 - 19953 = 65725 rubles. Average Russian salary for the calculation of alimony 2018 Such requirements are equated to claims for maintenance payments.

In case of malicious evasion from the payment of the required maintenance payments, the alimony may be held criminally liable.

The size of the average wage in the country or in a particular region is an economic value. It is used as the basis for calculating many indicators, in particular, for determining the amount of child maintenance or arrears in maintenance payments. This indicator means the average value of the income of working citizens in all sectors of the economy. The calculation takes into account the lowest and highest wage levels.

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What does the index affect?

In the first quarter of 2020, the average earnings in the Russian Federation amounted to 36,600 rubles. are statistical data. In every region this indicator does not correspond to the Russian average, in some areas it is much lower, and in others it is many times higher. The value of the average wage for calculation must be known when we are talking on the payment of funds for the maintenance of children.

The need to calculate alimony, based on the average salary in the Russian Federation, is due to the fact that often potential payers do not have a permanent income, receive wages in envelopes, are not officially employed, and have the status of entrepreneurs. For these reasons, it is not possible to designate a specific deduction of funds in the court decision.

If the alimony does not provide intentionally or does not have the opportunity to present to the court a certificate of the amount of his real wages, then the court has the right to calculate the alimony based on legislative norms- the amount of average earnings.

Not the fact that this figure will be less than the law. It depends on the indicator for the region. Based on this, the court will assign the appropriate percentage of the deduction depending on the number of children in the family: by - 25%, by - 33%, 50% - or more.

When debt arises, the amount of average earnings affects the amount of debt. The debt will be recovered in court, regardless of whether the alimony provides proof of income or not. The required percentage of payments must be subtracted from the amount of the average earnings in the country and multiplied by the number of months of delay.

When taken as a basis

If it is necessary to determine the citizen's debt for alimony and the appointment of monthly payments, you need to have information on the average salary by region, from which the salary in the country is calculated. The UK states that the recovery of alimony from the non-payer for the missed period is possible within the past 3 years before they were brought to court.

If funds have not been collected before this time, then the period of payment of debt collection is not limited to three years - alimony will be assigned for payment for all years of non-payment. The amount of debt is determined taking into account specific parameters:

the amount established by the initial decision of the court;
the amount, which is determined by mutual agreement of the parties in;
income for the entire period of non-payment;
the average wage in the country for the period when the debt is collected.

Thus, if there is no information about real income alimony, a calculation method based on the average wage in the Russian Federation is applied.

In this case, the court takes into account the specific conditions under which the alimony does not present a certificate of real income:

is he - ;
does not have a permanent job;
unemployed and not registered with the Employment Center;
not officially employed.

Each case is considered by the court, taking into account the individual conditions under which the debt arose, if the alimony provides reliable evidence of the reasons, but in any case, priority remains on the side of the alimony recipient. Practice shows that the court often resorts to this method when assigning the amount of alimony for the maintenance of children or when deciding on the payment of a debt.

How debt is calculated

The calculation of the debt resulting from non-payment of alimony by the payer is carried out in the bailiff service. The bailiff in this case is obliged to monitor the execution of the initial court order on the payment of alimony and to ensure that the funds are received by the payer on a regular basis. When a debt is formed, he must calculate the amount of the debt on his own or at the request of the recipient. The amount of debt is determined by a certain formula, taking into account the following parameters:

the number of children;
non-payment period;
indicator of the average salary.

In addition, the court pays attention and takes into account, when making a decision, the financial and family situation of the alimony at the time of collection, other circumstances. The reasons that may affect the amount of payments, he must document. The court determines the amount of the debt in .

The calculation of the debt is made taking into account the percentage required for collection in accordance with the number of children.

For example, if a child support recipient lives with 2 children, no funds have been received for 2 years (24 months). The average salary in 2020 is 36,600 rubles. (36,600x25/100)x24 = 219,600 - this is the amount of debt for 24 months. The court takes into account the special conditions of the alimony, if any, and may reduce the amount of the debt. This issue is decided individually in each case.

Where can I find data on the average wage in the country?

On the basis of the Federal Law "On Enforcement Proceedings", legislators have developed guidelines that set out the procedure for fulfilling the requirements of the court on. The document is intended for employees of the bailiff service and explains in detail the concepts of enforcement proceedings for collecting debts, prescribes the step-by-step actions of bailiffs on the procedure for calculating debts, explains the features of the procedure:

Income tax of 13% is not charged from the calculated amount, since the calculation was not made from the actual income of the alimony.
The calculation is made at least once a quarter. The bailiff draws up an official resolution on the calculations made, indicating the final amount to be paid.
If any of the parties does not agree with the accrual, it has the right to a ruling in court.
The bailiff must explain to the parties about the procedure for making settlements and appealing.
The total amount of alimony calculated by the bailiffs is subject to a regular one, which is carried out in proportion to the increase in the subsistence minimum in the region.

Information on the average monthly wage of working citizens in general for enterprises of the Russian Federation can be found on the Rosstat website.

Quarterly, information from the regions on the actual size of average earnings is posted on the portal.

Average salary for calculating child support in 2020

The Family Code determines the debt for the payment of funds for the maintenance of children after a divorce, “based on the amount of wages in the Russian Federation at the time of collection” (Article 113, paragraph 4). The difference in numbers across regions is very large.

In the northern regions, where workers receive the northern coefficient of wages, the amount of earnings is high. In the south of the Russian Federation, wages are much lower.

The average figure for the country is formed from the sum of regional indicators divided by the number of regions.

Rosstat data as of 01.01.2017 on the average salary for the calculation of alimony in some regions of the Russian Federation:

Is the amount deducted profitable?

An alimony who owes alimony for the maintenance of his own children does not provide documents proving real income to the court, do not forget that sooner or later the plaintiff will file a lawsuit demanding payment of the accumulated debt.

When considering a claim for debts for maintenance obligations, the court is always on the side of the children. This means that the court order will contain a demand for the repayment of the debt, indicating its amount.

Based on statistical data, this indicator in the country is usually higher than in the region of residence, and much more than the actual income of a working citizen in most regions of the Russian Federation. This fact is extremely disadvantageous for a payer who does not want to support his own children, but the amount of alimony will suit their recipient.

The legislative framework

The calculation of the debt for alimony is carried out by the bailiff service or in court, depending on where the claim of the recipient of funds is addressed. The basis for this is taken - codified normative act which governs maintenance obligations. In Art. 113 describes in detail the procedure for determining debt, the concept and procedure for calculating debt based on the average wage in Russia.

The average wage in the Russian Federation in 2020 is taken into account when calculating alimony strictly in certain cases. To understand the principles of calculation, you need to know the grounds for accounting for average earnings in the country and familiarize yourself with practical examples, as well as have information about Rosstat data.

In what cases is alimony accrued from the average salary

The calculation of alimony from average earnings is made in several cases:

The payer did not submit income certificates to the court. Additionally, when determining the amount of payments, it can be taken into account.
The alimony person has no official income, he is not registered as unemployed. If he were unemployed and receiving benefits, payments would be made from him.

Important! The absence of official employment is not a basis for exemption from maintenance obligations, payments will be made based on the average earnings in the country. The same goes for .

Collectors should take into account that debt recovery is possible only for the last 3 years, even if the child is 18 years old at the time of filing the claim. To be paid - 0.1% of the amount owed for each day of delay. Previously, the rate was 0.5%, but since the summer of 2018, at the direction of the President of the Russian Federation, it has been reduced.

How is child support calculated from the average salary

The calculation procedure is simple:

At the time of the appointment of alimony, the amount of average earnings is specified. Based on it, the amount is calculated in a shared or solid ratio. Alimony in shares for one child will be 25% of the average earnings, for two - 33%, for three or more - 50%. When the value of the subsistence minimum and the needs of the child are specified, on the basis of which the court decides on the full or partial satisfaction of the claims.
In the future, the bailiff monthly clarifies the average earnings and, if necessary, recalculates.

Features of the payment of alimony are regulated by several articles of the RF IC:

Art. 80 RF IC	Parents equally share the responsibility for the financial maintenance of children. This means that when collecting payments in a fixed amount, you will have to provide receipts confirming the recipient's expenses.
Art. 82 RF IC	Alimony is withheld from salaries, benefits, pensions. Exception - compensation for harm to life and health, paid after disasters or accidents
Art. 88 RF IC	If the child is ill, the mother has the right to demand compensation from the father for the costs of medicines and treatment, in addition to basic alimony

The collection procedure is as follows:

The plaintiff independently makes, taking into account the amount of average earnings in the country or in a certain economic sector, if the defendant's income cannot be established or he is unemployed.
The value is determined in shares or in a fixed amount.
filed with the rest of the documents to the court at the place of registration of the defendant.
A court date is set. As a result, the plaintiff receives an extract from the decision and - they are provided at the place of work of the defendant or bailiffs.

Expert opinion

Andrey Druzhinin

Lawyer. Experience 12 years. Specialization: family and inheritance law.

It is important to consider that the final decision is made by the court. In addition to the average salary, complex factors will be taken into account: the financial situation of the parties, the need of the child, the minimum for living in the region. Average earnings are not a key indicator.

Calculation of alimony arrears from the average salary

Knowing the average earnings for certain periods is required if a woman wants to collect maintenance debts for the past time, but not more than 3 years. Also, the calculation will be needed if the payer does not comply with the court decision or does not comply with the terms of the previously concluded alimony agreement.

What nuances you need to know:

information on average earnings should be taken from official sources of Rosstat, if necessary, the amount is recalculated;
Personal income tax is not charged from the average salary in the country;
the date of actual payment of the debt is the moment of repayment of the debt (from the next day the penalty does not accumulate);
in case of non-repayment of the debt on a voluntary basis within 5 days from the date of the debtor, they may be required to pay a performance fee - 7% of the debt;
performed by the bailiff every quarter.

Average earnings are taken into account not by region of residence, but by the whole country. This rule operates to protect the rights and legitimate interests of minors.

Calculation examples

For a detailed analysis of the features of the calculus, it is enough to familiarize yourself with practical examples:

Calculation of debts for alimony per child from average earnings

Ivleev L.O. has a son. A man is employed in an LLC, earnings after personal income tax and payment of state contributions is 50,000 rubles, 25% is paid for a child.

50,000 x 25% = 12,500

In June 2016, a man specifically quits his job and gets an unofficial job. After 4 months, a resolution on debt collection for 120 calendar days arrives at his home address. The average salary in the country is 35,843 rubles. at the time of appointment.

The main part includes payments:

35,843 x 25% = 8,870.75 per month.

8,870.75 x 4 = 35,483 all time.

35,483 x 0.5% (rate at that time) = 177.41 - the "cost" of one day of delay.

177.41 x 120 \u003d 21,289.2 - the total amount of the penalty.

21,289.2 + 35,483 = 56,772.2 - total to be transferred together with the debt.

Determination of the amount of alimony from the average salary

The Mileevs got married in 2013, and a son was born in 2016. The divorce took place in 2019, the child was 3 years old. After the divorce proceedings, the woman collected alimony. It was not possible to confirm the defendant's earnings, so payments were determined from the average earnings in the country. At the time of appointment, it was 36,000 rubles.

36,000 x 25% = 9,000

From July to October, the man was in arrears in payments for 105 cal. days.

The calculation was made as follows:

9 000 / 30 = 300 rubles. for alimony is transferred to the maintenance of the child per day.

300 x 105 \u003d 31,500 - the amount of the principal debt.

31,500 x 0.1% \u003d 31.5 - penalty for the day of delay.

31.5 x 105 \u003d 3,307.5 - fine for the entire period.

3,307.5 + 31,500 = 34,807.5 - payable.

Calculation of debt on alimony for two children

The divorce of the spouses took place in March 2017. Three minors stayed with the woman. A man earns 30,000 rubles. monthly, he was obliged to transfer 50% of his income for the maintenance of children - 15,000 rubles.

For the period from April to October, the payer accumulated a debt for 207 days.

15000 / 30 (average number of days in a month) = 500 rubles. payable per day.

500 x 207 \u003d 103,500 - alimony debt.

103,500 x 0.1% \u003d 103.5 - penalty per day.

103.5 x 207 \u003d 21,424.5 - fine for the entire period.

21,424.5 + 103,500 = 124,924.5 - to be transferred under a resolution on debt collection.

Average salary data from Rosstat

The average earnings in the country are determined by Rosstat on a monthly basis. You can follow the dynamics in the table:

Year	Jan.	Feb.	March	Apr.	May	June	July	Aug.	Sept.	Oct.	November	Dec.
2007	11430	11757	12448	12494	12787	13712	13546	13270	13677	13986	14656	18591
2008	17556	18966	14771	15354	16172	16538	16643	17715	17758	17244	17739	17643
2009	17119	17098	18129	18009	18007	19247	18872	18335	18838	18798	19215	24004
2010	18938	19017	20589	20358	20279	21795	21325	20753	20999	20970	21486	28027
2011	20669	20680	22673	22519	22779	24137	23598	23051	23468	23602	24096	32809
2012	23746	24036	25487	25800	26385	27494	26684	25788	25996	26803	27448	36450
2013	26840	26620	28693	30026	29723	30926	30229	29226	29346	30069	20390	39648
2014	29535	29255	31486	32947	32272	33726	32515	30743	31929	32439	32546	42136
2015	30929	31325	32642	34377	34380	35395	33901	32176	32911	33357	33347	43408
2016	32660	33873	35501	36497	37270	38447	35888	35405	35843	35729	36195	47554
2017	34422	35497	37889	39225	41454	38073	37099	38047	38333	38848	38333	51197
2018	39017	40443	42364	43381	44076	45848	42413	41364	41774	42332	42595	55569
2019	42263	43062	46324	48030	47726	49348	46509	44961	45541	46549	46585	62239

To calculate maintenance payments and debts on them, you can use Rosstat data from the official website. The same formulas apply everywhere, depending on the method of appointment and the number of days of delay.

Conclusion

Let's summarize:

The calculation of alimony from the average salary in the country is carried out if the citizen does not provide information about his exact salary or does not have official employment.
The average earnings are taken from the Rosstat website for the current month.
Judges try not to apply this method, and calculate based on the subsistence minimum per child in the region.

If the recipient of the alimony went to court with a large debt, it is necessary to appeal the decision. The defendant may ask to change the calculation from the average salary in the country to the subsistence minimum for the region per child. If it is difficult for you to appeal the decision on your own, the specialists of our website will come to the rescue. Leave a request now and get a free consultation.

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In some cases, alimony arrears are determined based on the average wage rate in the Russian Federation. How and by whom is such an indicator as the average salary for the calculation of alimony set? How are payments calculated? These and some other questions will be discussed in this article.

The most important article of the legislation, in terms of the issue under consideration, will be Art. 113 of the Family Code of the Russian Federation. It establishes the following rule: if a person has alimony arrears when he was not working, at least officially, then the debt is calculated based on the average salary in the Russian Federation.

Let's give an example: the mother of the child filed for alimony for the father. At that time, the man worked, received income, so the court ordered to recover from him ¼ of all his earnings. Then my father quit his job and did not register with the Employment Center. He unfairly assumed that if he had no income, then he should not pay alimony. Former spouse she turned to the bailiffs with a request to take into account the average Russian level of salary for calculating the debt. The bailiffs considered this application, and the requirement was satisfied. Their actions can be called fully consistent with the laws of the Russian Federation.

In addition to Art. 113 of the RF IC, FSSP employees must also be guided by the relevant guidelines, which establish the procedure for calculating debt.

The document says that you need to take into account the income, which is considered the average for the country.

What is the average salary in Russia?

In Russia, there is the Federal State Statistics Service or, more simply, Rosstat (official website: http://www.gks.ru). This service knows how to operate with numbers and knows about all the numerical indicators that characterize the state. In particular, wages for the calculation of alimony, that is, the average level of wages in the country, are regularly set. Indicators for regions are also determined.

At the time of writing, the all-Russian average monthly wage is 35,843 rubles. The information is current as of September 2016. The smallest amount of money is received, according to statistics, in the Ivanovo region, Kalmykia and North Ossetia - a little more than 21 thousand rubles. Most of all - in Chukotka and in the Yamalo-Nenets Autonomous Okrug - almost 80 thousand rubles.

The same is written in Art. 113 RF IC. Meanwhile, any payer can appeal against the accrued amount of alimony if he considers that his interests are being violated.

The amount of the average alimony

So, knowing where to find out information about the average salary in the state, you can also calculate alimony, which will be average monthly. Necessary:

Determine how much is due. For one minor - this is ¼, for two - 1/3, for three - ½.
Divide the average amount of money that is received for work in Russia, respectively, by 2, 3, 4.

The average amount of alimony will be obtained, which will be collected from the non-working debtor.

Based on the average salary that was indicated above, the debt will accumulate in the following amounts:

for one minor - 8960.75 rubles per month;
for two - 11947.6 rubles;
for three or more - 17921.5.

How fair is this calculation? From the point of view of the law - completely. Compliance with the interests of a minor is a priority direction of the state. If a parent does not receive income, this does not mean that the child should be deprived of his rights. The average alimony in Russia, if it is correct to use such a definition for payments calculated on the basis of the average salary, he should receive when the parent has income. How long you have to wait is another matter.

Meanwhile, such a situation is possible in relation to poor regions: for example, a resident of the Ivanovo region was left without a job. The average salary in the region is 21 thousand rubles. And for three children, as indicated above, you need to pay more than 17 thousand rubles. Even if such a payer finds a job with an average income, which is not always easy, then after making all the payments for life, he will have 4 thousand rubles. Obviously, the interests of the payer are violated. And he has the right to appeal the amount of the debt.

The level of economic development of the regions is different. This is the main problem. For the same resident of Chukotka, paying 17,000 rubles from a salary of 80,000 rubles is not a problem. It is possible that it would be more expedient to immediately accrue alimony arrears, based on the average level of wages in the region. The all-Russian average salary is high for some subjects, districts, and low for others. Maybe some bills on this matter will be adopted in 2017.

Debt accrual initiation

In general, in order for alimony to start accruing from average earnings, the claimant does not need to take any steps. The law says that the bailiff, on his own initiative, must calculate the amount of the debt and attempt to recover. But knowing how bailiffs work in most cases, it’s better:

contact an FSPP employee informally, drawing attention to the fact that the debtor has lost his job;
file an official application with a request to accrue alimony, based on such an indicator as the average salary.

If the debt is not repaid for a long time, then the FSSP employee will be able to apply enforcement measures.

What should the debtor do?

Probably not a single alimony will like the fact that a debt will accumulate behind them. And monthly in a significant amount. Imagine: a person worked somewhere in the Tomsk region, where the average salary is 34,447 rubles, but he did not have such an income either. Then he lost his job and the debt began to pile up. Later I managed to find a job, but again with a salary below the average level. Thus, in fact, alimony for the unemployed period was clearly not withheld from the amount of real income.

The payer may be advised to:

Find an opportunity to receive official income as soon as possible. The solution to the issue of employment is not always quick. The best way- register with the Employment Center. Unemployment benefits are official income from which child support can be withheld. Now it is not very large. The trend is likely to continue in 2017, holdings will be small.
You can apply to the court to demand a reduction in the amount of payments. Naturally, the existence of grounds for the reduction will need to be proved. It is better to involve a competent lawyer in solving the problem.

Practice shows that it is better to use the first way to solve the problem, because the courts more often take the side of the child than the side of the father.

Some additions

In conclusion, let us dwell on some common questions that arise in practice:

Is personal income tax withheld from the average salary that the unemployed does not receive? No. Tax can only be withheld from real income.
Is it possible to claim payments from the average income level in the country if the alimony official works? No. The procedure for accruing debt, reflected in this article, is relevant only for the unemployed.
What will be the amount of alimony in 2017, calculated from the average salary? This is probably not yet known to the statistical authorities, who calculated the average salary only for September 2016. But below is an updated table, using the information contained in it, you can calculate the "average" alimony.