As you know, children are considered the most vulnerable people. Accordingly, the Constitution of the Russian Federation provides for material support from their parents, and they are also entitled to have a full-fledged family.
However, it happens that the spouses decide to break up the marriage. Is it good or bad? No need to judge. However, one thing is clear - the child must continue to provide material support. That is why the concept of "child support".
Unfortunately, in our country there are cases when one of the spouses refuses to pay child support. Mostly it concerns men. Over the years, debt has been accumulating. Therefore, you need to know how to correctly calculate the penalty for alimony.
Definition of concepts
Alimony is a monthly payment that is aimed at maintaining a child. This type of payment is addressed by one of the parents in favor of another who is left with a minor.
The need to pay alimony is approved at the legislative level. Former spouses can conclude an agreement with a notary or transfer the matter to a court. A court order is sent to the bailiff service, which is already collecting. Most often, the writ of execution is redirected to the organization in which the alimony payer works.
The amount of alimony is set as follows:
- 25% of the salary for 1 child;
- 33% of the salary for 2 children;
- 50% of the salary for 3 or more children.
It should be noted that if the children are not in the same family, then the amount is distributed between them in equal shares.
What to do if the payer of alimony is not employed?
In this case, payment will still be charged. However, it will be at a minimum size.
Unfortunately, some spouses after parting are negligent and irresponsible in their parental responsibility to provide for the child. Gradually, the “snowball” is increasing debts. Such irresponsibility is punishable by law.
Dodgers or debtors are legally liable. In special situations, even a criminal one arises.
The most common punishment is the use of a forfeit.
Of course, you can turn to a professional lawyer so that he can assist in the calculation. However, you should know yourself how to calculate the amount of the penalty for alimony.
Actions before calculating the penalty
How to calculate a penalty for alimony? Two main factors need to be considered:
- amount of debt;
- number of days past due.
Of course, the penalty will significantly “hit” the wallet. That is why, in subsequent times, payment will arrive on time.
The full procedure for the recovery of the penalty is prescribed in the Family Code of the Russian Federation. The calculation is also affected by how parents solved the child support issue:
- voluntarily agreed among themselves and entered into a notarial agreement;
- juvenile detention was ordered by court order.
If a voluntary agreement was concluded, then the law prescribes the payment of the penalty in the amount specified in this document. If the matter was decided in court, then the rules of the Family Code apply.
What are the grounds for accrual?
In order for the child to have an adequate standard of living, the parent-recipient of alimony is vested with the full right to independently take concrete measures to recover both alimony and forfeit. One of the main actions is to file a lawsuit.
The penalty to the non-payer is charged in such cases:
- if the writ of execution was given to the bailiffs;
- by a court decision on the need to pay alimony;
- if a voluntary agreement was concluded between the parties (both spouses);
- if arrears of payment of alimony due to the fault of the payer are formed;
- by a court decision to add a penalty to an existing debt.
Forfeit is not charged under such circumstances:
- the debt was formed due to non-payment of wages to the alimony payer;
- if the payer is temporarily disabled or in the presence of a certain illness;
- if the writ of execution has not yet entered the bailiff service;
- in recognition of the guilt of the accounting department of the company where the alimony payer works, or of the bank that transferred the funds to the beneficiary's account.
How to calculate a penalty for alimony: the nuances
For the correct calculation, it is necessary to take into account certain nuances. First of all, you should know who should calculate the penalty for alimony. Payment for late payment should be made by the Federal Bailiff Service. Even if there is a formal agreement between the spouses, and the recipient knows how to calculate the penalty of alimony debt, before filing a lawsuit, you need to take official paper from the above regulatory authority, which recounts this figure without fail, in order to avoid error and bias.
The bailiff must have at his disposal all the necessary personal information about the alimony payer, namely:
- place of work and salary size;
- amount of monthly payment;
- amount of debt;
- details of the maintenance agreement or court order.
Basic formulas for calculation
How to calculate a penalty for alimony? A formula is needed for this. Two options are used:
- Amount due for the last and previous months * number of days in a particular month *% of the penalty.
- Amount of debt for a certain month * number of days overdue * penalty percentage.
How to calculate a penalty for child support: an example
Let's take a closer look at 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 ordered by the court, then 0.5% is taken for each overdue day, this amount is determined in the Family Code of the Russian Federation (Article 115).
Amount due:
- May - 12,000;
- June - 16,000;
- July - 12,500;
- August - 15,400.
We calculate:
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 summing all the values obtained 21 002 rubles.
We consider the second formula.
First, we 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 amounted to 21 002 rubles.
The couple agreed: what to do?
How to calculate the penalty for late support, if the couple managed to agree? Provided that there is a written agreement between the parents, in which the conditions for calculating the penalty were clearly spelled out, the accrual technology will look different. For example, the couple agreed that child support will be paid on the 20th of each month. Then for each month overdue the amount will be multiplied by the percentage specified in this agreement. Suppose it is 0.3% per day for one month, for two overdue months - 0.6%, for three months - 0.9%, etc.
The debt calculation 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 rubles.
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 summing all the values, 38,250.3 rubles are obtained.
How to get compensation?
Undoubtedly, a huge amount of patience and perseverance will be needed to “knock out” the penalty from the spouse, who is irresponsible in paying child support.
Often, the decision to recover compensation comes to mind when the debt is already of fabulous proportions. If for a long time the defendant refuses to fulfill parental responsibilities, then it will be difficult to prove his guilt. It is necessary to carefully study similar situations in judicial practice.
How to calculate the penalty for alimony, you already know. Now you need to get it. To do this, you must file a claim for recovery. Bailiffs sometimes calculate the penalty of the entire amount, but more often for each overdue month.
Plaintiff actions
You will need to collect the following package of documents:
- court decision to recover alimony from the defendant;
- document (certificate) of the birth of the child;
- certificate of registration of the child, the plaintiff;
- any evidence that the defendant does not live with the child in the same living space;
- full settlement of the debt of alimony (it must be issued by the bailiff conducting enforcement proceedings);
- evidence that the plaintiff does not have enough financial means to properly provide for the child;
- evidence that the defendant's income is satisfactory.
Tip: take a list of debts for each month from the bailiff - this will greatly simplify the calculation of the penalty.
If there is no information about the amount of the debtor's income, how to calculate the penalty for alimony? The calculation is based on the size of the average salary in Russia.
Experienced lawyers advise you to proceed as follows. Based on judicial practice, the judge is rather skeptical about collecting a large amount of forfeit from the debtor. That is why it is better to file a series of claims for payments in installments. For example, to submit an application for calculating debt for the first years of non-payment, and in the process of considering a case in court, ask to pay the penalty in full.
Of course, it is better to make a payment on alimony in a timely manner, otherwise the forfeit can significantly “hit the wallet” of the debtor.
In order to make it convenient to pay alimony with a voluntary agreement, you can ask your employer to immediately transfer the amount to the account of your ex-spouse from each salary immediately. Then there will be no problems with calculating funds, troubles can be practically avoided, and from the point of view of the law everyone will be clean.