The responsibility for the maintenance and upbringing of children is entirely vested in both parents. And this is quite logical, because able-bodied citizens can take care of socially unprotected members of their family. The same rule is enshrined in the Family Code.
If the parents or one of the parents, for any reason, refuses to support a minor child, legislative mechanisms come into effect to protect the interests and rights of the minor citizen.
In particular, the parent is obliged to pay money to the children or to the spouse. Such funds are called alimony, and the procedure for their accrual is made in accordance with the Family Code and federal law.
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How is money held?
The obligation to pay alimony amounts in accordance with family law rests with the parent who voluntarily avoided the maintenance and upbringing of his child.
Such withholding of funds may be ordered by a judicial authority. In this case 
Alternatively, the parents can reach a voluntary agreement regarding the financial support of the child. Such a document is signed at a notary office, and the party receiving payments (spouse or spouse) must independently control their receipt. For example, if the payer changes the place of work, the interested party itself presents an agreement, certified by a notary, at the new workplace.
Indicators of average wages
This parameter is indicated separately for each region, and is the arithmetic mean of the salary for a specific group of working citizens. The determination takes into account both the highest and the lowest rates of remuneration for labor.
It is believed that averages are more beneficial for payers. However, in practice, it depends on the specific region and the standard of living of its inhabitants (including the indicators).
The average salary is taken into account when it becomes necessary to calculate the alimony payments arrears for a specific employee.
At the same time, retention for previous periods in accordance with Article 113 of the IC is made within three years (this is the year before the receipt of executive documents handed over by the bailiff service).
And if it was established that the non-payment was due to the fault of the payer as a result of his evasion from his obligations, the amount may be withheld for the entire period of non-payment.
It should be noted that the values are not taken into account in all controversial cases, but in about 67% of them, the calculation is made taking into account the average wages. Usually, the reason for this is the lack of documents that can confirm the size of the real income, or the alimony worker worked unofficially, without signing an employment contract.
Also, such calculations are used for entrepreneurs who, for whatever reason, refuse to provide the court with financial documentation.
Another legal basis for such a calculation is the payment of alimony amounts as a percentage of the salary (in shares).
Thus, the following points are taken into account in the calculations: 
- the amount of the alimony amounts established by the judicial authority;
- or the amount of this deduction in accordance with the agreement reached and confirmed by a notary (calculated in shares);
- real income for the entire period of non-payment (salary and other income);
- average salaries set by the government for a particular region.
Based on the average salary set by the government, the monthly deduction is determined. After that, the resulting value is multiplied by the number of months included in the non-payment period.
The procedure for withholding and settlement is carried out in accordance with:
- Federal Law No. 229, adopted in October 2007 (it discusses the procedure for the recovery of maintenance amounts by executive bodies);
- 223rd Law of the Family Code, adopted in December 1995 (the main law governing alimony payments in the Russian Federation).
Salaries in different regions
The average salary in June 2016 across the Russian Federation was about 38,447 rubles.
Sizes by region (in descending order):
| Region (krai, oblast, okrug, republic) | Indicators of the average salary in rubles |
| Nenets district | 119 833 |
| Yamalo-Nenets District | 86 720 |
| Chukotka district | 86 309 |
| Moscow | 73 215 |
| Magadan region | 72 626 |
| Khanty-Mansiysk district | 71 075 |
| Sakhalin Region | 67 849 |
| Tyumen region | 65 263 |
| Kamchatka Krai | 61 531 |
| Yakutia (Sakha) | 57 524 |
| Murmansk region | 50 841 |
| Komi | 48 066 |
| St. Petersburg | 46 684 |
| Moscow region | 46 033 |
| Arkhangelsk region | 45 268 |
| Khabarovsk region | 40 961 |
| Krasnoyarsk region | 40 200 |
| Primorsky Krai | 38 663 |
| Tyva | 38 245 |
| Tomsk region | 37 550 |
| Irkutsk region | 36 591 |
| Leningrad region. | 36 393 |
| Khakassia | 36 253 |
| Zabaykalsky Krai | 36 054 |
| Karelia | 35 768 |
| Amur region | 34 856 |
| Sverdlovsk region. | 34 128 |
| Buryatia | 34 014 |
| Kaluga region | 32 312 |
| Jewish Autonomous Region | 32 305 |
| Perm Territory | 31 992 |
| Chelyabinsk region | 31 900 |
| Tatarstan | 31 748 |
| Vologda region | 31 225 |
| Novosibirsk region | 31 171 |
| Kemerovo region. | 31 129 |
| Tula region | 30 100 |
| Omsk region | 29 932 |
| Samara region | 29 916 |
| Yaroslavl region | 29 911 |
| Nizhny Novgorod region. | 29 323 |
| Krasnodar region | 28 967 |
| Ryazan region | 28 887 |
| Astrakhan region | 28 604 |
| Altai | 28 603 |
| Novgorod region | 28 428 |
| Tver region | 28 348 |
| Rostov region | 28 285 |
| Voronezh region | 28 224 |
| Smolensk region | 27 943 |
| Bashkortostan | 27 875 |
| Udmurtia | 27 814 |
| Vladimir region | 27 588 |
| Belgorod region | 27 292 |
| Orenburg region | 27 221 |
| Volgograd region | 26 969 |
| Stavropol region | 26 803 |
| Lipetsk region | 26 659 |
| Penza region | 25 987 |
| Kursk region | 25 868 |
| Ulyanovsk region | 25 443 |
| Kirov region | 25 211 |
| Kurgan region | 25 174 |
| Oryol region | 25 059 |
| Adygea | 24 943 |
| North Ossetia | 24 600 |
| Mari El | 24 572 |
| Tambov region | 24 528 |
| Bryansk region | 24 490 |
| Mordovia | 24 460 |
| Saratov region | 24 266 |
| Chuvashia | 24 195 |
| Ivanovo region | 23 857 |
| Pskov region | 23 632 |
| Ingushetia | 23 498 |
| Kalmykia | 23 266 |
| Karachay-Cherkessia | 23 108 |
| Chechen Republic | 22 999 |
| Kostroma region | 22 870 |
| Kabardino-Balkaria | 22 568 |
| Altai region | 22 318 |
| Dagestan | 22103 |
The size of 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 basis for accounting for average earnings in the country and familiarize yourself with practical examples, as well as possess information about Rosstat data.
In what cases alimony is calculated from the average salary
Calculation of alimony from average earnings is carried out 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 person liable for child support has no official income, he is not registered as an unemployed person. If he was listed as unemployed and received benefits, payments would be made from him.
Important! Lack of official employment is not a basis for exemption from alimony obligations, payments will be made based on the average earnings in the country. The same goes for.
Claimants should take into account that debt recovery is possible only for the last 3 years, even if the child at the time of filing the claim is 18 years old. Payable is 0.1% of the amount owed for each day of delay. Previously, the size was 0.5%, but since the summer of 2018, at the direction of the President of the Russian Federation, it has been reduced.
How child support is calculated from the average salary
The calculation procedure is simple:
- At the time of the appointment of alimony, the size of the average earnings is being specified. Based on it, the amount is calculated in fractional or firm ratio. Alimony in shares for one child will amount to 25% of the average earnings, for two - 33%, three and more - 50%. When specifying the size of the subsistence minimum and the needs of the child, on the basis of which the court makes a decision on the full or partial satisfaction of the claims.
- In the future, the bailiff monthly updates the average earnings and, if necessary, makes a recalculation.
The peculiarities of paying alimony are regulated by several articles of the RF IC:
| Art. 80 RF IC | Parents equally share the responsibility for the financial support of their children. This means that when collecting payments in a fixed amount, you will have to provide receipts confirming the recipient's spending |
| Art. 82 RF IC | Alimony is deducted 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 sick, the mother has the right to demand from the father compensation for the costs of medicines and treatment, in addition to basic alimony |
The collection procedure is as follows:
- The plaintiff independently makes it, 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 amount is determined in fractions or in a fixed amount.
- , filed with the rest of the documents to the court at the place of registration of the defendant.
- The date of the hearing is set. As a result, the plaintiff receives an extract from the decision and - they are provided at the defendant's place of work or bailiffs.
Expert opinion
Andrey Druzhinin
Lawyer. 12 years of experience. Specialization: family and inheritance law.
It is important to bear in mind 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 for the child, at least for living in the region. Average earnings are not a key metric.
Calculation of alimony arrears from the average salary
Knowledge of the average earnings for certain periods is required if a woman wants to collect alimony debts over 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 fulfill the conditions 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 is not accumulated);
- in case of non-repayment of the debt on a voluntary basis, within 5 days from the date of the debtor, they may be obliged to pay an execution fee - 7% of the debt;
- performed by the bailiff every quarter.
Average earnings are taken into account not by region of residence, but throughout the country. This rule operates to protect the rights and legitimate interests of minors.
Calculation examples
For a detailed analysis of the features of calculus, it is enough to familiarize yourself with practical examples:
Calculation of alimony debts for one child from average earnings
Ivleev L.O. has a son. The man is employed in an LLC, his earnings after personal income tax and payment of state contributions are 50,000 rubles, 25% is paid for the child.
50,000 x 25% = 12,500
In June 2016, a man specifically quit his job and got a job unofficially. After 4 months, a decree on debt collection for 120 calendar days is sent to 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 - for all time.
35,483 x 0.5% (rate at that time) = 177, 41 - the "cost" of one day of delay.
177.41 x 120 = 21 289.2 - the total amount of the penalty.
21 289.2 + 35 483 = 56 772.2 - total to be transferred together with 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, therefore, payments were determined on the basis of 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 = 31,500 - the amount of the principal debt.
31,500 x 0.1% = 31.5 - penalty for the day of delay.
31.5 x 105 = 3,307.5 - penalty for the entire period.
3 307.5 + 31 500 = 34 807.5 payable.
Calculation of alimony arrears for two children
The divorce of the spouses took place in March 2017. Three minors remained with the woman. A man earns 30,000 rubles. monthly, he was obliged to transfer 50% of his income to 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 per month) = 500 rubles. payable per day.
500 x 207 = 103,500 - alimony debt.
103,500 x 0.1% = 103.5 - penalty per day.
103.5 x 207 = 21,424.5 - penalty for the entire period.
21,424.5 + 103,500 = 124,924.5 - to be transferred under the order on debt collection.
Average salary data from Rosstat
Average earnings in the country are determined by Rosstat on a monthly basis. You can trace the dynamics in the table:
| Year | Jan. | Feb | March | Apr | May | June | July | Aug | Sep | 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 alimony payments and arrears on them, you can use Rosstat data from the official website. The same formulas are applied everywhere, depending on the method of appointment and the number of days of delay.
Conclusion
Let's summarize:
- 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.
- Average earnings are taken from the Rosstat website for the current month.
- The judges try not to use this method, and to carry out the calculation based on the subsistence minimum per child in the region.
If the result of the appeal to the court of the recipient of the alimony is 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 you find it difficult to appeal the decision on your own, the specialists of our website will come to the rescue. Leave a request now and get a consultation for free.
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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, to determine the amount of the recovery of maintenance for children or arrears in alimony 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 wages.
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What does the indicator affect
In the first quarter of 2020, the average earnings in the Russian Federation amounted to 36,600 rubles. Are statistical data. In each region, this indicator does not correspond to the national average, in some regions it is much lower, and in others it is several times higher. The value of the average wage for the calculation must be known when it comes to the calculation of payments 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's decision.
If the alimony does not deliberately provide or is unable to present to the court a certificate of the amount of his real wages, then the court has the right to calculate the alimony proceeding from legal norms - the amount of average earnings.
It is not a fact that this figure will be less than the legal requirement. It depends on the indicator for the region. Based on this, the court will appoint an appropriate percentage of the deduction depending on the number of children in the family: 25%, 33%, 50% and more.
When debt arises, the size of the average earnings affects the amount of debt. The debt will be collected in court, regardless of whether the alimony provides confirmation of income or not. The required percentage of payments must be subtracted from 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 size of the salary in the country is calculated. The UK states that the recovery of alimony from a defaulter for a missed period is possible within 3 past years before they were brought to court.
If the funds have not been collected before this time, then the period for payment of debt collection is not limited to three years - alimony will be assigned to be paid for all years of non-payment. The amount of debt is determined taking into account specific parameters:
- the amount that was established by the initial decision of the court;
- the amount, which is determined by mutual agreement of the parties;
- income for the entire period of non-payment;
- the value of the average wage in the country for the period when the debt is collected.
Thus, if there is no information about the real income of the alimony, the 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:
- 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 for which the debt arose, if the alimony provides reliable evidence of the reasons, but in any case, priority remains with the recipient of the alimony. Practice shows that the court often resorts to this method when appointing 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 the 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 original court order on the payment of alimony and to monitor that the funds are received by the payer on a regular basis. When a debt is formed, he must calculate the amount of debt on his own or at the request of the recipient. The amount of the debt is determined according to a certain formula, taking into account the parameters:
- the number of children;
- period of non-payment;
- indicator of the average salary.
In addition, the court pays attention and takes into account when making a decision the financial and marital status of the alimony at the time of collection, other circumstances. He must document the reasons that may affect the amount of payments. The court determines the amount of the debt c.
The debt is calculated taking into account the percentage required for collection in accordance with the number of children.
For example, the recipient of alimony lives with 2 children, the funds have not 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 they are confirmed, and can reduce the amount of the debt. This issue is resolved 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", the legislators have developed methodological recommendations, which set out the procedure for fulfilling the court's requirements for. The document is intended for employees of the bailiff service and explains in detail the concepts of enforcement proceedings for debt collection, prescribes step-by-step actions of bailiffs on the procedure for calculating debt, explains the features of the procedure:
- The 13% income tax is not levied on 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-executor draws up an official resolution on the calculations made, indicating the total amount to be paid.
- If any of the parties does not agree with the accrual, it has the right to order 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 level in the region.
Information on the average monthly wages of working citizens in general for enterprises of the Russian Federation can be found on the Rosstat website.
On a quarterly basis, the portal publishes information from the regions about the actual size of the average earnings.
Average salary for calculating alimony in 2020
The Family Code defines the arrears in 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, clause 4). The difference in figures by region is very large.
In the northern regions, where workers receive a northern wage ratio, earnings are high. In the south of the Russian Federation, wages are much lower.
The national average 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 calculating alimony in some regions of the Russian Federation:
Is the amount deducted profitable
An alimony who owes alimony payments for the maintenance of his own children does not submit to the court documents proving real income, do not forget that sooner or later the plaintiff will file a lawsuit demanding the payment of the accumulated debt.
When considering a claim for maintenance debts, the court is always on the side of the children. This means that the court order will contain a demand to pay off the debt with an indication of its amount.
Based on statistical data, this figure for 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 the payer who does not want to support his own children, but the amount of alimony will suit the recipient.
The legislative framework
The calculation of the alimony debt is made by the bailiff service or in court, depending on where the recipient's claim is addressed. At the same time, the basis is taken - a codified normative act, which regulates alimony obligations. In Art. 113 describes in detail the procedure for determining indebtedness, the concept and procedure for calculating indebtedness based on the average salary in Russia.
In some cases, the alimony arrears are determined based on the average wages in the Russian Federation. How and by whom is such an indicator as the average salary for calculating alimony established? How are payments calculated? We will dwell on these and some other issues in this article.
The most important article of 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 an alimony debt when he did not work, at least officially, then the debt is calculated based on the average salary in the Russian Federation.
Let's give an example: the child's mother filed for child support 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 at the Employment Center. He unjustly assumed that if he had no income, then he should not pay alimony. The ex-wife 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, employees of the FSSP should also be guided by the relevant methodological recommendations that 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). In this service, they know how to operate with numbers and know about all the numerical indicators that characterize the state. In particular, wages for calculating alimony are also regularly set, that is, the average level of wages in the country. Indicators for the regions are also being determined.
At the time of this writing, the all-Russian average monthly wage is 35,843 rubles. The information is current as of September 2016. The least amount of money is received, according to statistics, in the Ivanovo region, in Kalmykia and in North Ossetia - a little more than 21 thousand rubles. Most of all - in Chukotka and in the Yamalo-Nenets Autonomous District - almost 80 thousand rubles.
The same is written in Art. 113 of the RF IC. Meanwhile, any payer can appeal against the accrued amount of alimony if he considers that his interests are violated.
Average alimony amount
So, knowing where to find out information about the average salary in the state, it is possible to carry out the calculation of alimony, which will be the average monthly. Necessary:
- Determine what share is charged. For one minor it is ¼, for two - 1/3, for three - ½.
- Divide the average amount of money received for work in Russia, respectively, by 2, 3, 4.
You will get the average amount of alimony, which will be collected from the non-working debtor.
Based on the average salary, which 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 charge. From the point of view of the law - completely. Respect for the interests of a minor is a priority direction of the state's activity. If the parent does not receive income, this does not mean that the child should be disadvantaged. Average alimony in Russia, if it is correct to use such a definition to 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 work. The average salary in the region is 21 thousand rubles. And for three children, as mentioned 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 all payments are made, he will have 4 thousand rubles left. It is obvious that 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 regions is different. This is the main problem. To pay the same resident of Chukotka 17 thousand from a salary of 80 thousand rubles is not a problem. Perhaps 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 constituent entities and districts and low for others. Maybe some bills on this matter will be adopted in 2017.
Initiation of debt accrual
In general, in order for the alimony to start accruing from the 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 debt and make attempts to collect it. But knowing how bailiffs work in most cases, it is better:
- informally contact an FSPP employee, drawing attention to the fact that the debtor has lost his job;
- submit an official application with a request to charge 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 man will like the fact that debt will accumulate behind them. Moreover, monthly in a significant amount. Imagine: a person worked somewhere in the Tomsk region, where the average salary was 34,447 rubles, but he did not have such an income either. Then he lost his job and debt began to accumulate. 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 deducted from the amount of real income.
The payer of funds can be advised the following:
- Find an opportunity to receive official income as soon as possible. The solution to the issue of employment is not always quick. The best option is to register with the Employment Center. Unemployment benefit is the official income from which child support can be withheld. Now it is not very large. The trend is likely to continue in 2017, retentions will be small.
- You can go to court with a demand to reduce the amount of payments. Naturally, the existence of grounds for the decline will need to be proven. It is better to involve a competent lawyer in solving the problem.
Practice shows that it is better to use the first method of solving the problem, because the courts more often side with the child than with the father.
Some additions
In conclusion, let's 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 on real income.
- Is it possible to demand payments from the national average income level if the alimony worker is officially employed? No. The procedure for calculating 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? The statistics authorities, who have calculated the average salary only for September 2016, probably do not know about this yet. But below is an updated table, using the information contained in it, you can calculate the "average" alimony.
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, monetary allowance, additional remuneration, allowances and surcharges, bonuses, etc.) or his other income specified in the Government Decree of July 18, 1996 No. 841. If the alimony payer (usually the ex-husband or father of the child) has irregular income or he does not have it at all, alimony can also be assigned lump sum .
If, for some reason, the payment of the prescribed alimony was not made (including within 3 years preceding the presentation by the bailiffs for the collection of a writ of execution or an agreement on the payment of alimony certified by notaries, or for the entire period, if the payment of alimony is not made due to the fault of the payer) , then debt is generated... the size of which according to clause 4 of Art. 113 of the Family Code of the Russian Federation can be defined:
- also based on the actual salary of the person liable for support and other recorded income;
- based on size average wages in Russia at the current moment corresponding to the date of debt collection:
- if the payer of the alimony did not work during the period of formation of the debt;
- 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 very phrase itself, the average value of the paid wages of the working population as a whole in the Russian Federation. At the beginning of 2017, according to Rosstat, the average monthly wage in the country as a whole was RUB 35,900
Thus, in essence, the average monthly wage is a theoretical value, but bailiffs widely use it in practical application, in particular, when calculating alimony arrears .
When is child support calculated from the average wage in Russia?
As you know, there are much more alimony debtors than bona fide payers, and the reasons for the alimony debt can also be very different: from a real absence of a job to concealment of income by the debtor. However, such factors do not relieve the "deviators" from the assigned duty and do not bring any particular difficulty to the bailiff-executor: in relation to the debtor, it forms and grows monthly alimony arrears .
A debt on payments is formed from a person liable for alimony, regardless of what form of collection of funds is not performed by the "evader":
In this case, the amount of debt by the bailiff is determined from:
- method of withholding payments. prescribed in the writ of execution or agreement;
- income at the place of work or other income from which funds can be withheld.
The maintenance debt is determined by the authorized official of the FSSP based on the size of the average salary in the Russian Federation, if during the period of formation of the debt the payer:
- was unemployed;
- did not provide documents confirming earnings or other income;
- was not registered at 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 fulfilled by the debtor, the bailiff is obliged to calculate the accumulated debt for payments for this person. This is done in order to:
- in the event of the subsequent employment of the debtor or revealing his other income, collect the accumulated debt in favor of the recipient of the alimony;
- on the basis of a resolution on the calculation of debt, apply measures to the debtor to bring him to various types of liability (administrative, civil, criminal).
The main value that is used by the bailiff-executor when calculating the debt. is the average monthly wage 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;
- clause 3 of Art. 102 of Law No. 229-FZ "On enforcement proceedings" ;
- "Methodological recommendations on the procedure for fulfilling the requirements of executive documents on the recovery of alimony"(approved by the FSSP of Russia 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.
- Personal income tax (PIT), equal to 13%, when calculating debt not withheld .
- The moment of debt collection is considered date of actual debt repayment .
- The calculation of the alimony debt must be made by an employee of the FSSP quarterly .
The debtor should remember that the alimony debt will be calculated not by region of residence payer or claimant, and according to the indicator of the Russian Federation in order to protect the rights and legitimate interests of minors, in favor of whom maintenance payments are charged.
Since the “statistical” average monthly wage in the country as a whole is often much higher than the real income of a working citizen in most constituent entities of the Federation, then become a debtor in alimony in this case extremely unprofitable, first of all, for the payer himself(and vice versa - this is often more beneficial for the recipient of the alimony).
An example of calculating debt by bailiffs from an average salary
Payer Petrenko N.N. received a monthly salary at the enterprise in the amount of 20,000 rubles. his alimony obligations for 1 child, according to the court order, amounted to 1/4 of all types of income. Since other income Petrenko N.E. did not have, the monthly payment for child support was 5,000 rubles.
Wanting to avoid payment obligations and hide his income, on July 1, 2016, Petrenko quit his job and got a job in a private company unofficially (without an employment contract). In October 2016, he received from the bailiff debt settlement order for alimony for 4 months from the value of the average monthly wage (MW) in Russia in the amount of 35843 rubles. for September 2016:
- July 2016 - 8960.75 rubles. (1/4 of the NWP);
- August 2016 - 8960.75 rubles. (1/4 of the NWP);
- September 2016 - 8960.75 rubles. (1/4 of the NWP).
Total debt gr. Petrenko N.N. from 01.07.2016 to 01.10.2017 amounted to RUB 26,882.25 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 RUB 15,000- which is almost 2 times lower.
Average salary in Russia in 2016 according to Rosstat
The very large spread of the average monthly wage in the regions of the Russian Federation makes it unprofitable for payers to be able to calculate alimony arrears by bailiffs based on the average wage in the country for most regions of Russia.
So, according to the official data of Rosstat:
- the average salary in Russia in 2016 was RUB 36,746 ;
- the maximum average monthly wage was registered in the Chukotka Autonomous Okrug - RUB 85678 ;
- the minimum wage was paid in the Republic of Dagestan - 19953 RUB on average for 2016.
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Thus, the difference in the level of income between residents of the regions with the highest and lowest average monthly wages according to the data for the last 2016 was 85678 - 19953 = 65725 rubles.
Moreover, out of 85 constituent entities of the Russian Federation:
- Total 17 regions have a salary higher than the national average (in these regions, the calculation of the alimony debt from the average Russian salary of 36,746 rubles may be more profitable for payers and unprofitable for recipients of alimony payments);
- in the rest 68 regions the level of wages is lower than the national average (here, the use of the average wage for calculating alimony is more beneficial to the recipient and unprofitable for most payers).
Full data on the average salary in Russia in 2016 according to Rosstat data are given in the table below.
Name of the subject of the federation
Alimony from a non-working father to 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 collecting alimony from an unemployed parent confuses most of us.
And indeed, where does the alimony come from if there is no earnings? But is it possible that the father is relieved of responsibility for the maintenance of his children only on the basis of lack of work?
Does an unemployed person have to pay child support?
To answer this question, you should turn to family law. Article 80 of the Investigative Committee of the Russian Federation establishes that parents are obliged to support minor children regardless of their labor status, that is, from 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 it follows that the lack of work and earnings does not relieve the obligation to pay alimony!
The minimum amount of alimony payments from a non-employed person in 2017
Sometimes for a non-working child support 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 defines only the procedure for calculating alimony, but does not establish the minimum amount of alimony, lawyers strongly advise that this issue be resolved peacefully - by concluding an agreement. In the agreement, parents can set a minimum amount that will suit both.
If an agreement is not concluded, the court will establish the minimum amount of alimony for the unemployed. In this case, not only abstract average indicators will be taken into account, but the real life circumstances of the parents and the child: the level of earnings, region of residence, marital status, reasons for dismissal, the period of unemployment, and so on.
If the alimony payer agrees to support the child, the court will set the minimum amount of alimony 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 average earnings in Russia.
In some cases, the court may establish a flat alimony amount for a non-working payer. Its size will depend on what was the previous level of child support at the previous level, what is the current financial and marital status of the parents.
The amount of alimony payments from the unemployed
How much child support is paid if the non-working 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 an unemployed
If an unemployed parent goes to an employment center and receives official unemployment status, he or she receives unemployment benefits. The amount of the benefit is set on the basis of the average wage in the last job or the average wage in the region of residence. Alimony is paid from this allowance - in the amount established by the alimony agreement or a court decision.
The only problem is that the amount of unemployment benefits is extremely low and often does not cover alimony obligations.
If the payer does not work and does not contact the employment center
If the payer does not work and does not have earnings, but does not apply to the employment center either, the collection of alimony is carried out in the general manner - in the form of a share of earnings. But since he does not have official earnings, alimony is calculated based on the amount of earnings in 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 benefit) is taken into account. If this income is below the subsistence level in the region of residence, the state will take over the alimony obligations. When determining the amount of alimony, the needs of the child will be taken into account, therefore it is in the interests of the recipient to provide evidence of the maximum "need".
If the payer is not officially employed, but has inconsistent earnings
If the payer has earnings (albeit inconsistent), 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 spending. After a court decision on the recovery of alimony has been made, you should contact the bailiff with a statement to track the income and expenses of the payer. This will allow you to check monetary transactions and establish the amount of earnings, on the basis of which the corresponding amount of alimony can be collected - in a new court proceeding.
- by obtaining evidence of the payer's income. Witnesses who are not interested in the outcome of the trial can testify about the income of the alimony payer known to them.
What is the amount of alimony from the unemployed in 2017
How much should an unemployed person pay alimony? As is clear from the above, to determine the amount of alimony from the unemployed, it is often used indexaverage wages - either by region of residence or across 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 salary in Russia was 30,100 rubles (the average salary in the region may differ!). How is child support calculated? To roughly calculate the amount of alimony for the unemployed, we will start from this indicator.
An example of calculating alimony for a non-working person
- for one child - a quarter of the average wage, 30,100 x 25% = 7,525 rubles;
- for two children - a third, 30,100 x 30% = 9030 rubles;
- for three children - half, 30100 x 50% = 15050.
If the payer of alimony is unemployed, but registered at the employment center, a different indicator is used to calculate alimony - the unemployment benefit minimum wage. In 2017, its amount was 5965 rubles. So, how to calculate alimony from a non-working person ...
- for one child - a quarter of unemployment benefits, 5965 x 25% = 1491.25 rubles;
- for two children - a third of the allowance, 5965 x 30% = 1,789.50 rubles;
- for three children - half of the allowance, 5965 x 50% = 2982.50 rubles.
How to collect and receive alimony from an unemployed 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 will happen in the event of a divorce if an apartment is bought on a mortgage before marriage
Let's consider the advantages of each method of collecting alimony in circumstances of lack of work and earnings.
Recovery of alimony from the unemployed in the form of a share of earnings
Since the unemployed payer does not have 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 appear one day, the amount of debt will be recovered 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 person can register with the employment center. And then alimony will be calculated from unemployment benefits, the amount of which is usually low.
Recovery of alimony from an unemployed person in a fixed (fixed) sum of money
The advantage of this option is its stability and predictability - regardless of the availability of work and earnings, an unemployed alimony payer transfers a fixed amount on a monthly basis.
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 set by the court will remain the same. In addition, one should not hope that the court will establish a fixed amount of alimony equal to the subsistence level. After examining the financial and marital status of the payer, the court can order alimony, for example, in the amount of 0.1 of the minimum subsistence level. The minimum threshold for alimony payments is not established by law.
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What is the average salary for calculating alimony 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 current calculation of alimony. The average salary is also taken into account when calculating the amount owed by the alimony payer. At the same time, the calculation of the average amount takes into account the lowest and highest rates, since the average rates are beneficial for alimony payers who live and work in “rich” regions, and are not so beneficial for residents of “poor” cities and regions.
Since 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 indicator throughout Russia. In each region, the average salary is different. In the Moscow region it is 30,986 rubles. in Pskov - 17,967 rubles. in Tula - 20 929 rubles. in Kaluga - 23 781 rubles.
However, when calculating alimony, 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 has a debt, the court may demand to make all payments for the last three years. If the established amount was not paid through the fault of the payer, then the collection of alimony is made for the entire period of the expected payments.
When the average salary is taken into account for calculating alimony
According to 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 a monthly income.
Accounting is based on the following regulatory legal acts:
- Law No. 223-FZ of the Family Code of Russia (Article 113).
- Federal Law "On Enforcement Proceedings" (Article 102).
The second law spelled out the procedure for collecting debt if the payer refuses to pay alimony.
The court has the right to collect monetary obligations even from an unemployed parent if the claim is filed before the child reaches 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 agreement must indicate how the payer should make payments (cash or bank transfer), 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 does not work, he will be charged amounts that are calculated based on the average monthly income of working citizens in Russia.
Fractional ratio
If the parents did not enter into an agreement on the payment of alimony, then the calculation of the amount is made in accordance with the current legislation. 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 be 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 claim in court for the recovery of alimony must indicate the amount that the father of the child must pay each month, as well as provide the judicial authorities with information on the financial status of the father of the child and the family before the dissolution of the marriage. It is imperative to mention all the facts that can affect the court's decision regarding the determination of the amount of payments. This may be, for example, the lack of earnings from the father of his own free will, the need to pay for the child's education or his treatment, and so on.
When applying to the court, it is necessary, in addition to the statement of claim, to submit documents:
- copy of the plaintiff's passport;
- a copy of a birth certificate or a document confirming the fact of paternity;
- a copy of the divorce document;
- a 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 declared amount is not exaggerated, it is necessary to draw up a calculation of the costs for the child, attaching to the list confirming sales and cash receipts. You can also involve witnesses and expert evaluators in the case.
A responsibility
Lack of formal employment is not yet a reason for releasing a parent from responsibility for maintaining their child. Thanks to such an indicator as the average salary in Russia, the judicial authorities determine the amount of alimony even for non-working citizens. In the absence of funds, payments can be made by property that was acquired in marriage or is the property of the debtor.