Calculation of the penalty for alimony: calculator. Complaint for recovery of damages for alimony

If by law or by agreement of one of the parties for breach of obligations to pay a penalty, its recipient, of course, seeks to recover the fine due in his favor in the largest amount.

Just as natural is the desire of the defendant to minimize the payment.

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Grounds for paying interest on debt

Forfeit - a fine that the payer of alimony pays if they are not paid on time.

The penalty differs from the principal debt in that it can be recovered only in case of guilty behavior defendant, which the plaintiff must prove.

The defendant does not have to prove his innocence draw the attention of the court that his guilt has not been proven. But convincing evidence of innocence, of course, will be in his favor. Penalty in any case is calculated only if the defendant is at fault.

The payment of a penalty is provided for in Art. 115 UK, art. 330 GK.

The defendant, obliged to pay alimony in shares of the salary, in their non-payment guilty only in the following cases:

• He directly refused to pay the alimony awarded by the court;
• He deliberately concealed from the recipient of alimony, the bailiff his location, place of work, amount of income, gave false information about them, reasonably put on the wanted list;
• Receiving income other than wages, the defendant concealed the fact of their receipt or distorted the amount, which was subsequently documented;
• He was not listed anywhere in certain periods of his biography as employed or, and did not transfer child support during these days in the amount of the share of the average salary in the Russian Federation established by a court decision;
• He continued to refuse to pay alimony, despite the fact that he was brought to administrative responsibility under Part 1 of Art. 17.14 Art. 17.8, Art. 19.7 h. 1 art. 20.25 KoA;
• More than two times he was reasonably warned by the bailiff about bringing to criminal responsibility;
• Has been in debt for more than four months.

Maliciousness of non-payment of alimony is established by the court.

The defendant has the right to prove his innocence if non-payment occurred due to loss, job search, non-payment of wages, negligence of bailiffs, the employer, through the fault of banks, or other valid reasons.

How to calculate correctly and who should do it?

The amount of the penalty is calculated bailiff on application alimony recipient.

Alimony penalty calculated by drawing up a table, in the columns on the left side of which the dates of due payments and their amounts are indicated, on the right - the actual repayment of debt for each of them.

In the third column, we calculate the number of calendar days that have elapsed between the second and first dates, in the fourth - the amount of payments is multiplied by the difference in dates and by a factor of 0.005. The data of the fourth column are added up, and the total amount for the penalty is obtained.

This table is usually compiled by the bailiff responsible for collecting alimony, at the request of their recipient. This table claimant attached to the application to the court. The court decides with or without the participation of the defendant.

Alimony is accrued from all types of income of the defendant. Alimony from the unemployed, registered in accordance with Federal Law 1032-11, is levied in the same way as alimony from citizens who have income from hired labor.

The plaintiff or the bailiff find out in which particular employment center the defendant is registered, and send a writ of execution there.

Farther responsibility for timely payment alimony for the unemployment benefit paid to the defendant is borne by the chief accountant of the employment center. If he does not list them on time, it is his fault, not the defendant's.

If the defendant gave money for children as a gift, this will not be included in the payment of child support arrears.

Formula

The alimony debtor pays the recipient a penalty 0.5% for each day of delay. If the penalty established by law does not cover the real losses of the plaintiff, he has the right to demand an increase in it.

The amount of the penalty \u003d (debt per month) x 0.005 x (number of days of delay)

Consider example calculation of a penalty for alimony payments.

Alimony debt amounted to:

for May- 20 thousand rubles.

for June- 22 thousand rubles.

for July- 25 thousand rubles.

We believe:

1. 20 tr. (debt for May) x 31 x 0.005 \u003d 3100 rubles. - penalty on June 1, 2016;
2. 42 tr. (debt for June + for May) x 29 x 0.005 \u003d 6090 rubles. - penalty on July 1, 2016;
3. 67 tr. (debt for July + for June + for May) x 31 x 0.005 \u003d 10385 rubles. - penalty on August 1, 2016.

Is sick leave payable? The answer is in the next one.

1. Debt for May - 20 thousand rubles. Days of delay on the first of June 91, a penalty of 9100 rubles. (20000 x 0.005 x 91);
2. for June - 22 thousand rubles. Days on July 1 60, penalty 6600 rubles. (22000 x 0.005 x 60);
3. for July - 25 thousand rubles. Days on August 1, 31, a penalty of 3875 rubles. (25000 x 0.005 x 31).

Total as of 01 August for alimony, the debt is 67 thousand rubles, the penalty is 19575 rubles. (the sum of three numbers).

Collection procedure

Where to apply?

With the accumulation of debt on alimony, the recoverer must take urgent measures to collect them. If the amount of the claim is up to 50 thousand rubles, it is necessary to apply to the world court, if it exceeds this amount - to the district (city) court.

Required documents:

• Identification;
• Birth certificate of the child;
• Personal statement;
• The court's decision;
• Calculation of the penalty signed by the bailiff;
• Evidence of the defendant's guilt.

The amount of the state duty

State duty when considering cases related to alimony, not paid(clause 15 clause 1 article 333.36 of the Tax Code).

Limitation period

With no guilt the defendant's debt is calculated for a period of three years prior to the filing date of the claim, if available- no time limit.

At the same time, it should be taken into account that after the children reach the age of 18, it will be very problematic to collect debts and penalties.

Here there may be, especially with long-term debt, questions about why the mother did not take measures to collect it earlier, when the children themselves needed it, who, after reaching the age of majority, can live separately and do not need support; for what purposes the collected debt will now be spent.

The word "alimony" in translation - "money for food." That is, funds paid after the age of majority of children will obviously go past the goal. In addition, adult children do not need a representative and can themselves claim arrears in alimony for their maintenance at the age of 18 years.

Compiling a claim

In the statement of claim plaintiff indicates the name of the court, its data, the data of the defendant, sets out the essence of the requirement, a list of attached documents.

Sample claim for the recovery of a forfeit on alimony payments: Download the form.

The court's decision

positive

Judicial sitting carried out in the presence both parties, or in the absence of one or both of them.

The court makes a decision on the basis of which enforcement proceedings are initiated, which is issued, which is sent to the bailiff of the SSP.

The bailiff recovers the amount indicated in the writ of execution in accordance with its powers established by No. 229-FZ.

In order to secure her payment, he has the right to oblige the employer the defendant to deduct the funds necessary for its repayment from the salary of the defendant, to seize his property. The plaintiff has the right to control the actions of the bailiff, to achieve their effectiveness in the instances.

According to Article 195 of the Civil Code, the court decision must be justified and legal, Article 198 - it must be motivated.

Refusal

By skillful selection of documents and arguments, the defendant can reduce the penalty due to him or even reduce it to zero.

Main reason for refusal in the calculation or reduction of the amount of the penalty is contained in the second paragraph 330 of the article of the Civil Code, which defines the very concept of the penalty.

It says that if the debtor does not bear responsibility for the complete or partial failure to fulfill his obligations, the creditor is not entitled to demand a penalty from him.

We analyze the question: is it possible to apply for alimony payments while being legally married? The answer is in this one.

Changing the amount for late payments

Applicant's lack of evidence the defendant's guilt for failure to fulfill certain obligations is already grounds for their exclusion from the taxable base.

More stronger arguments for such a decision are evidence that the defendant is not guilty of non-fulfillment of obligations, that the plaintiff is guilty of this. Reducing the penalty is made in accordance with Art. 404 GK.

Such evidence can be:

• personal letters;
• audio-video recordings;
• joint photos;
• printouts of communication in social networks, on websites, by e-mail;
• accounting data of the defendant's employer, etc.

For non-payment of the penalty within the period provided for by the Code of Administrative Offenses, the defendant is liable under Part 1 of Art. 20.25 Administrative Code.

Examples from judicial practice

Example 1

Plaintiff A. sued defendant B. for a penalty of 440,884 rubles for late payment of alimony in the amount of 263,213 rubles, based on 0.5% of the debt per day of delay.

The magistrate reduced up to 5,000 rubles, based on the fact that the defendant's salary of 4,500 rubles a month does not allow him to pay a penalty in this amount.

The city court agreed with this decision on appeal.

The regional court, having considered the case on appeal, noted that the debt arose through the fault of the employer, who, having received a writ of execution, unreasonably did not transfer alimony to the plaintiff at the request of the defendant, although he had no legal grounds for this.

In addition, the court the plaintiff's daughter was not summoned who had reached the age of majority by the time of the trial. The court sent the case back for retrial by a justice of the peace.

Example 2

Citizen M. filed a lawsuit against Y. for the recovery of a penalty of 15635 rubles. in connection with the existing debt of 42,036 rubles. Y. - deprived of parental rights. M. is the grandmother of the minor V., appointed guardian.

World the judge granted the plaintiff's demands. Considering the appeal, the district court found errors in the calculation of the amount of the penalty by the bailiff.

Besides, was taken into account the property status of the defendant, who has dependent two minor children before another marriage. The court ruled to recover from the defendant a penalty in the amount of 13,656 rubles.

Parents who have to raise children alone often face insufficient material support. Despite the fact that they are entitled to a monthly amount of money from the second parent - alimony. The problem is that alimony is often not paid on time and in full, and sometimes not paid at all.

Parents who do not receive child support should know that the law is on their side. Family, civil, administrative and even criminal legislation provides for very strict measures of responsibility, to which an irresponsible parent is involved.

So, liability implies that in addition to the full payment of alimony, parents pay a penalty on the resulting debt.

In this article we will consider how to apply this measure of liability to the debtor.

What is a penalty for late payment of alimony

Forfeit on alimony is a measure of liability. Simply put, this is a sum of money, which is calculated according to a special formula and depends on ...

• the amount of debt on alimony payments;
• delay period.

A feature of the alimony penalty is that it is paid not to the state treasury, but to your own child. Thus, two goals are achieved at once - the irresponsible parent is disciplined and the material needs of the child are compensated.

The process of calculating, collecting and withholding a penalty is provided for by the Family Code of the Russian Federation (Article 115), the Civil Code of the Russian Federation, as well as the Federal Law "On Enforcement Proceedings".

On August 10, 2018, the Federal Law No. 224 of July 29, 2018 “On Amendments to Art. 114 and 115 of the Family Code of the Russian Federation” (hereinafter referred to as Law No. 224-FZ). The essence of the law is that it introduced a new procedure for calculating and collecting penalties for maintenance debts, which takes into account the rights of not only recipients, but also payers of alimony.

Principles for calculating the penalty

Russian legislation defines several principles for calculating and collecting penalties:

1. From the first day of the delay in the maintenance payment, the penalty begins to accrue. Therefore, if the father pays the due amount late, the mother has the right to apply to the court for a penalty. Another thing is that no one intends to sue for several hundred rubles, and the court will consider such a claim without much enthusiasm.
2. There are several conditions, without which the collection of a penalty is impossible:

• First condition- the existence of a maintenance agreement or a court decision on alimony.
• Second condition- non-compliance with an agreement or a court decision, which led to the formation of alimony arrears.

Amount of late payment penalty

Prior to the adoption and entry into force of Federal Law No. 224, the alimony payer, through whose fault the debt was formed, had to pay the debt and a penalty, the amount of which was 0.5% of the total amount of unpaid alimony for each day of delay.

Such harsh conditions were aimed at increasing the responsibility of parents and protecting the rights of minor children. But more and more often, lawsuits began to come to the courts to reduce the amount of fines that bailiffs calculated on alimony debts. At a rate of 0.5% of the debt, the annual amount of the penalty reached 182% and significantly exceeded the amount of the debt, reaching millions of rubles in some cases. The debtors were not able to pay such amounts, as a result ...

• They stopped paying alimony (paying off debts and penalties);
• They were in a difficult financial situation.

At the same time, the courts did not have legislative grounds and a mechanism for reducing the amount of the penalty. The method of reducing the penalty disproportionate to the debt, provided for by the Civil Code of the Russian Federation (clause 1 of article 333 of the Civil Code), could not be applied in family legal relations.

Law No. 224-FZ amended Articles 114 and 115 of the RF IC:

• Firstly, the penalty rate for maintenance debt has been reduced from 0.5% to 0.1% of the amount owed for each day of delay.
• Secondly, it provides for the possibility in court to achieve a reduction in the amount of the penalty, depending on the financial or marital status of the alimony payer.

How to correctly calculate the amount of the penalty?

A parent who intends to recover a penalty from the payer needs to contact the bailiff in whose enforcement proceedings the case is located.

The bailiff is authorized to make a decision on determining the amount of debt for alimony and issue a certificate on the amount of debt. These documents are enough for ...

• correct calculation of the penalty for alimony.
• filing a lawsuit to recover damages.

The procedure for collecting a penalty

So, the parent evades the timely and full payment due to the child. Money.

The algorithm of actions depends on whether a maintenance agreement was concluded or a court decision was made. If yes, is the enforcement document in the bailiff service?

• If the writ of execution is with the bailiff, you must contact him directly - submit an application for the calculation of the penalty.
• If the parent still has the writ of execution, you should apply to the bailiff with an application to open enforcement proceedings, attaching a court decision or alimony agreement to the application. When the production is open, you can apply for the calculation of the penalty.

The calculation of the penalty is carried out exclusively by the bailiff according to a special formula.

Having received a calculation from the bailiff service, you can prepare and file a claim for the recovery of a penalty with the Magistrate's Court.

Statement of claim for the recovery of a penalty for alimony (sample)

Competently and convincingly drawn up statement of claim, supported by documentary evidence - the key to a successful resolution of the case.

The statement of claim is drawn up according to the rules provided for by the civil procedural legislation. It includes the following information:

• Name of the magistrate's court;
• Full name, address, contact details, place of work - the plaintiff and the defendant;
• Data on the place and time of marriage and divorce;
• Data on minor children born in marriage;
• Data on the alimony agreement concluded or the court decision on the recovery of alimony;
• The amount of overdue and unpaid alimony;
• Calculation of the penalty;
• Requirement to the court for the recovery of a penalty;
• List of attachments to the claim;
• Plaintiff's signature;
• The date the claim was filed.

The documents

The following documents must be attached to the claim:

• Alimony agreement or court order, court decision, writ of execution for the recovery of alimony;
• Calculation of the penalty, performed by the bailiff;
• Receipt of payment of state duty.

State duty

The amount of the state fee for filing a property claim is 4% of the claims (according to Article 333.19 of the Tax Code of the Russian Federation).

However, some lawyers believe that the claim for the recovery of a penalty for alimony is a logical continuation of the case for the recovery of alimony, therefore, they recommend paying a state duty in the amount of 150 rubles (according to subparagraph 14 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation). If the court leaves the claim without movement due to incomplete payment of the state duty, it will be possible to make an additional payment.

Jurisdiction

According to the rule on alternative jurisdiction, the plaintiff can file a claim for the recovery of a penalty on alimony debt with the Magistrate's Court at his own place of residence (according to Article 29 of the Code of Civil Procedure of the Russian Federation).

Limitation period for recovery of damages

Previously, the accrual and deduction of a penalty for alimony was carried out without a statute of limitations. A parent who did not receive the due amounts of money could claim them together with a penalty at any time - both immediately and after several years.

But after the adoption by the Supreme Court of the Russian Federation of Decree No. 56 of December 26, 2017, the situation has changed somewhat. According to paragraph 65 of the above Resolution of the Supreme Court of the Russian Federation, in a dispute on the recovery of a penalty for unpaid alimony, at the request of an interested party (according to paragraph 2 of Article 199 of the Civil Code of the Russian Federation), the court may apply the 3-year statute of limitations(according to Article 196 of the Civil Code of the Russian Federation) to each overdue payment and refuse to satisfy the claim for the recovery of a penalty (in whole or in part).

This does not contradict Article 4 of the IC of the Russian Federation and Article 208 of the Civil Code of the Russian Federation - on the application of limitation periods to family and property legal relations.

Consequently, There is no statute of limitations for the collection of child support arrears. Unpaid amounts of alimony can be demanded in full at any time - even after the child reaches the age of majority. Some parents think that after the child turns 18, the debts to him will simply be written off. But it is not.

As for the penalty for alimony debt, it recovery may be limited to a three-year statute of limitations. Penalties on debts will be charged from the first day of delay, but their collection is possible only for the last three years.

Therefore, do not postpone the trial indefinitely! Timely demand and achieve what is due to your child by law.

Is it possible and how to cancel the penalty for alimony?

Practicing lawyers know many cases when the size of the debt and the fines accrued on it became so impressive that the alimony payer was unable to repay the debt.

But now, thanks to Law No. 224-FZ, the possibility of going to court and reducing or completely exempting from the payment of alimony debt and / or the penalty accrued on it is allowed.

But there must be sufficient grounds for this - The court will not grant every claim. According to paragraph 2 of Art. 114 of the RF IC, the court may release the alimony payer from the payment of alimony debt and penalties accrued on it (in whole or in part) if it establishes that ...

1. delay in payments arose for good reasons,
2. debt repayment is impossible due to financial and marital status.

• Disease;
• Loss of work (in this case, the court will necessarily take into account the reason for dismissal) or additional sources of income;
• Third party fault. If the debt was formed not through the fault of the alimony payer, but through the fault of third parties (for example, late payment of wages, incorrect calculation and errors in the transfer of maintenance payments).

The court will also take into account the conscientiousness of the alimony payer (registration with the central lock, finding a job or trying to improve the financial situation, providing all possible material assistance to children, non-concealment of additional income).

Procedure

1. Preparation of an evidence base - documents that confirm the good reasons for the formation of debt;
2. Preparation of a statement of claim (or a counterclaim) for exemption from payment (or reduction) of alimony debt and / or penalties accrued on the amount of the debt;
3. Filing a lawsuit;
4. Participation in court proceedings, if necessary - appealing the court decision in a higher court;
5. Obtaining and transferring a court decision to the SSP, where enforcement proceedings are being conducted - to recalculate the amount of debt.

Procedure

Since the changes in the legislation (in Articles 114 and 115 of the RF IC) have entered into force quite recently, and there are not so many examples of successful application of new legal norms, the procedure for litigation can be difficult for a legally inexperienced citizen.

He will need…

• prepare and file a claim(or a counterclaim), which will set out the good reasons for the occurrence of the debt and the impossibility of paying it off;
• prove to the court that the alimony debt was formed for a good reason, the accrued penalty is disproportionate to the debt (clause 2 of article 115 of the RF IC) and its full payment is impossible due to the financial or marital status of the payer.

Your exemption (full or partial) from unbearable debt obligations depends on how convincing the arguments will be. In the future, when the debt is reduced or written off, you will be able to pay a reasonable amount of alimony to the child without going broke on huge fines and penalties that are disproportionate to the debt.

To correctly file a claim, collect documents, prepare for a lawsuit, you will need legal support. Take the opportunity to get free advice and legal assistance in resolving a complex issue from a lawyer of our portal.

The documents

Evidence that the alimony debt was formed for good reasons may be the following documents:

• Employment book, contract;
• income statement;
• Bank statements, deposit and loan agreements, letters from banks and collection companies (if, in addition to maintenance debt, the parent also has other debt obligations);
• Medical certificates, extracts from the medical history;
• Birth certificate of children (if the alimony payer has children in a new marriage);
• Receipts and payment documents confirming the transfer of monetary amounts;
• Other documentary evidence.

Expenses

The exemption from payment of state duty applies only to claims filed in the interests of minor children.

And for filing a claim for the release or reduction of the amount of maintenance debt and accrued interest, you need to pay a state duty, since it is filed in the interests of the alimony payer himself. The amount of the state duty for filing a property claim depends on the value of the claim. It is calculated using a special formula consisting of a fixed rate and a percentage. Depending on how much debt is assigned to the payer, the amount of the state duty depends - from 400 to 60 thousand rubles.

To understand the rules for calculating the state duty - read and ask our lawyer a question for free - in a chat or by phone.

Arbitrage practice

Even the most, at first glance, indisputable cases involving large amounts of debt and penalties are subject to close consideration by the courts.

Recent changes in legislation contribute to the mitigation of harsh measures aimed at alimony payers - firstly, the percentage of penalties has been reduced from 0.5 to 0.1%, Secondly, if there are good reasons it is possible to achieve a reduction or cancellation of the debt for alimony along with the penalties accrued on it. Defendants, whose rights are represented by competent lawyers, file counterclaims and challenge court decisions in favor of the plaintiffs in higher instances. And often achieve, if not complete, then partial cancellation of debt.

Example 1

The alimony payer Tomashevsky filed a counterclaim to reduce the incorrectly calculated debt on alimony and fines. In the counterclaim, he pointed out that the bailiff, when calculating the debt, did not take into account the payment of alimony in cash, which he handed over to the recipient of the alimony, the mother of the children, Tomashevskaya. The parents of the children agreed verbally on the admissibility of this method of payment, but did not make changes to the written maintenance agreement. Receipts for the transfer of funds were issued by Tomashevskaya in violation of the rules (without indicating the date of receipt of the funds). The court took into account statements from the defendant's bank accounts, as well as receipts and checks confirming additional material assistance to children: the purchase of school uniforms and stationery. Having considered the case, the court ruled to cancel the alimony arrears in the amount of 25,500 rubles and the fine in the amount of 12,250 rubles.

However, this does not mean that every irresponsible and dishonest father will be able to relieve himself of financial obligations to the child with the help of the court. The court is still guided by the interests of minor children.

Example 2

Alimony payer Chernov filed a lawsuit to cancel the debt and penalties in the amount of 54,450 rubles. He explained to the court that the alimony arrears were formed as a result of the loss of work, at the place of which the payments were previously calculated and transferred. Chernov quit 4 months ago, but did not go to court with a claim to change the procedure for paying alimony and assign a fixed amount. He also did not apply to the Employment Center. The court dismissed Chernov's claim.

Questions and answers

To properly protect the rights of children, use legal assistance. On our website you can get a free consultation from a lawyer specializing in family matters.

Is it possible to collect a penalty if the maintenance debt has already been paid off?

Yes, if there have been delays in maintenance payments for a long time, a penalty may be charged on them. Even if the debt is paid off by the time the claim is filed, this is not an obstacle to collecting a penalty.

As you know, children are considered the most vulnerable persons. 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 end the marriage. Is it bad or good? There is no need to judge. However, one thing is clear - the child must continue to be provided financially. That is why the concept of "alimony" works.

Unfortunately, in our country there are cases when one of the spouses refuses to pay alimony. This mainly applies to men. Gradually, over the years, debt accumulates. Therefore, you need to know how to correctly calculate the penalty for alimony.

Definition of concepts

Alimony is a monthly payment for the maintenance of a child. This type of payment is addressed by one of the parents in favor of the other, who stayed with the minor.

The need to pay alimony is approved at the legislative level. Former spouses can conclude an agreement with a notary or take the issue to court. The court order is sent to the bailiff service, who are already involved in the recovery. Most often, a writ of execution is redirected to the organization in which the alimony payer works.

The amount of alimony is set as follows:

• 25% of salary for 1 child;
• 33% of salary for 2 children;
• 50% of 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 if the child support payer is not employed?

In this case, the payment will still be charged. However, it will be at a minimum.

Unfortunately, some spouses, after parting, are negligent and irresponsible in their parental responsibility to provide for the child. Gradually, the “snowball” builds up debts. Such irresponsibility is punishable by law.

Deviators or debtors are liable under the law. In special situations, even a criminal one arises.

The most common punishment is the application of a penalty.

Of course, you can contact a professional lawyer to assist in the calculation. However, it is worth knowing for yourself how to calculate the amount of the penalty for alimony.

Actions before calculating the penalty

• the amount of the debt;
• number of days overdue.

Of course, the penalty will significantly "hit" the wallet. That is why in subsequent times the payment will come on time.

The full procedure for collecting a penalty is prescribed in the Family Code of the Russian Federation. The calculation is also affected by how the parents resolved the issue of alimony:

• voluntarily agreed among themselves and concluded a notarial agreement;
• Juvenile detention was ordered by a court decision.

If a voluntary agreement was concluded, then the law prescribes the payment of a penalty in the amount specified in this document. If the issue was resolved through the court, then the rules of the Family Code apply.

What are the grounds for charging?

In order for the child to have a proper standard of living, the parent receiving alimony is endowed with the full right to independently take specific measures to collect both alimony and a penalty. One of the main steps is filing a lawsuit.

The penalty to the non-payer is charged in such cases:

• if the writ of execution was handed over to bailiffs;
• by a court decision on the need to pay alimony;
• if a voluntary agreement was concluded between the parties (both spouses);
• if there is a debt in the payment of alimony due to the fault of the payer;
• by a court decision to add a penalty to an existing debt.

The penalty is not charged under the following circumstances:

• the debt was formed as a result of non-payment of wages to the alimony payer;
• if the payer is temporarily unable to work or has a certain illness;
• if the writ of execution has not yet entered the bailiff service;
• upon recognition of guilt by the accounting department of the enterprise where the alimony payer works, or the bank that transferred funds to the recipient's account.

How to calculate the 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. The calculation for late payment must be made by the Federal Bailiff Service. Even if there is an official agreement between the spouses, and the recipient knows how to calculate the forfeit of alimony arrears, before filing a lawsuit, you need to take an official paper from the above regulatory authority, which recalculates this figure without fail in order to avoid errors and bias.

The bailiff must have at his disposal all the necessary personal information about the alimony payer, namely:

• place of work and salary;
• the amount of the monthly payment;
• the size of the debt;
• details of the maintenance agreement or court decision.

Basic formulas for calculation

1. The amount of debt for the last and previous months * the number of days in a particular month *% of the penalty.
2. The amount of the debt for a certain month * the number of days overdue * the percentage of the penalty.

How to calculate the penalty for alimony: 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 appointed 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 of debt:

• 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 up all the values, it turns out 21,002 rubles.

We count according to 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 alimony, if the spouses managed to agree? Subject to a written agreement between the parents, in which the conditions for calculating the penalty were clearly stated, the accrual technology will look different. For example, the spouses agreed that alimony would come on the 20th of every month. Then for each overdue month, the amount will be multiplied by the percentage specified in this agreement. Let's say it is 0.3% per day for one month, for two months overdue - 0.6%, for three months - 0.9%, etc.

The calculation for the debt from the previous example would 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 up all the values, it turns out 38,250.3 rubles.

How to get compensation?

Undoubtedly, it will take a huge amount of patience and perseverance to “knock out” the penalty from a spouse who is irresponsible in paying alimony.

Often, the decision to collect compensation comes to mind when the debt is already fabulous. 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 submit a claim for recovery. Bailiffs sometimes calculate a penalty on the entire amount, but more often for each overdue month.

Plaintiff's actions

You will need to collect the following package of documents:

• a court decision on the recovery of alimony from the defendant;
• document (certificate) of the birth of a 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 alimony arrears (it must be issued by the bailiff conducting enforcement proceedings);
• evidence that the plaintiff does not have sufficient financial resources to properly provide for the child;
• proof 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 to act as follows. Based on judicial practice, the judge is quite skeptical about the recovery of a large amount of penalty from the debtor. That is why it is better to file a series of claims for payments in installments. For example, file an application to calculate the debt for the first years of non-payment, and in the process of considering the case in court, ask to pay the penalty in full.

Of course, it is better to make alimony payments on time, otherwise the penalty can significantly "hit the debtor's wallet".

In order to make it convenient to pay child support under a voluntary agreement, you can ask your employer to immediately transfer the amount from each salary to the account of your ex-wife every month. Then there will be no problems with the accrual of funds, troubles can be practically avoided, and from the point of view of the law, everyone will be clean.

Family law provides for the obligation to support children under 18 years of age and disabled relatives. Payments must be made regularly, in case of violation of the deadlines, citizens are held liable - payment of a penalty. In what amounts the sanction is collected, in what cases it is subject to accrual and how to calculate its size, is indicated in this publication.

How is the penalty for unpaid alimony calculated?

The penalty is a type of penalties imposed in case of non-payment of funds for dependents and disabled relatives. This measure of influence in practice is used to stimulate the debtor to cover the debt and discipline the fulfillment of obligations established by law. Also, the goal is the implementation of judicial acts and writs of execution issued on their basis, or agreements concluded voluntarily by the parties.

According to the method of accrual, the penalty is divided into:

• legal - in accordance with family law;
• on a contractual basis - by mutual will of the parties.

The state duty when filing a claim is calculated taking into account Article 333.19 of the Tax Code of the Russian Federation, its amount is determined by the amount of debt.

In the case of world-class courts, the outcome of the case will be an order. In this case, hearings are not held, and the parties are not called to give explanations. The defendant has the right to express disagreement with the adopted act by sending objections according to the jurisdiction. The document is drawn up within at least 10 days from the moment the decision is made or it is received in hand. The court order has the character of a writ of execution, it can be presented ready-made to the bailiff service (SSP RF).

An example of calculating the penalty for alimony

If the debt was formed over several months, sanctions for each period are considered separately.

• As of March 2016, the payer owed 15,000 rubles.
• In April, the debt amounted to 14,000 rubles.
• In May, 16,000 rubles were to be paid.

The formula for calculating the penalty for alimony: the debt per month is multiplied by the number of days of delay and 0.5% for a legal penalty.

So, it will work:

The total debt amounted to:

4425 r. (2325+2100) * 0.5 / 100 * 30 = 663.75 p. turned out for March and April as of May 1;

6980 (2325+2100+2480) * 0.5 / 100 * 31 = 1067.95 rubles arrears of interest on June 1.

The total amount owed is:

14000+15000+16000= 45,000 rubles - principal debt for 3 months.

6980 + 663.75 + 1067.95 \u003d 8711.70 rubles. - penalty for the entire period of delay.

Total debt payable: 53711.70 rubles.

There is also another way to calculate penalties. Example:

14000 (debt for March) * 0.5 / 100 * 91 (total period of delay until June 1) = 6825 rubles.
15000 (overdue payment for April) * 0.5 / 100 * 61 (days of debt from April to June 1) = 4500 rubles.

The total amount of the penalty amounted to: 13805 rubles.

For convenience, a table is used when calculating the penalty for alimony. It should highlight several fields:

• months, indicating unpaid amounts;
• days of delay
• calculation of the penalty with the result in rubles for each period.

At the end, a summary of the main debt and the total amount of penalties to be transferred is summed up. Detailed information is recommended to be reflected in or annex to it.

When calculating the funds, it must be taken into account that the personal income tax in the amount of 13% in favor of the state from the amounts paid is not deductible. Funds paid for the maintenance of dependents are not their income. The specified provision is enshrined in Article 113 of the RF IC.

It is convenient to use the online alimony penalty calculator if you have an Internet connection. You can use, for example, this resource to calculate the amount to be paid against sanctions. Among the positive aspects of using such services is getting accurate and fast results. It can be printed out and handed over as a sample for calculating a penalty fee, as an attachment to a statement of claim.

Calculation of the penalty for alimony calculator can be downloaded from this link.

If a writ of execution, a court order or a notarial agreement are being processed by the SSP of the Russian Federation, then the calculator for calculating the penalty for alimony online in printed or electronic form should be provided to the bailiff in charge of the case. Based on the information provided and available in it, a decision will be made to collect a penalty. A copy of the document is handed over to the applicant and the defendant at the reception at the branch of the SSP of the Russian Federation or, in case of non-appearance of persons on subpoenas, the papers are sent to the last known registration address by the Russian Post.

Calculation of the penalty for alimony: judicial practice

If the funds were not paid intentionally, the court confirms the correctness of the calculation of the penalty, and the debtor continues to evade payments, there is a basis for bringing the citizen to civil and criminal liability. Among the possible consequences is the deprivation of parental rights, which means full participation in the upbringing of the child, as well as receiving maintenance from him upon retirement.

Article 157 of the Criminal Code of the Russian Federation spells out the grounds for bringing the debtor to arrest or corrective labor in the case of "malicious" concealment of earnings, employment enterprises, the absence of payments in the presence of regular receipts of funds for a period of 1 year.

Often there is a situation when the ex-husband for some reason does not pay child support. In this case, in court, it is possible to recover not only the alimony debt itself, but also the amount of the penalty, which can be calculated independently.

According to Art. 115 of the Family Code of the Russian Federation, the debtor must pay a penalty for alimony in the amount of 0.5% of the debt for each day of delay. In the event that the delay arose through no fault of the debtor (delay in salary, problems with a bank transfer due to the fault of the bank, etc.), he cannot be held liable for non-payment. There are two ways to calculate the penalty for alimony. Let's say alimony amounted to: in May 2014 - 20,000 rubles; in June 2014 - 21,000 rubles (together 41,000 rubles); in July 2014 - 23,000 rubles (together 64,000 rubles). Then, according to the first method, the penalty is calculated as follows: debt per month * number of days of delay in this month * 0.5%:

• For May we get the following amount of penalty: 20,000 * 31 * 0.5 / 100 = 3,100 rubles. This is as of 06/01/14.
• For June, the amount of debt is summed up for two months: 41,000 * 30 * 0.5 / 100 = 6,150 rubles. This is the amount of the penalty as of 07/01/14.
• For July, the debt is already taken for three months: 64,000 * 31 * 0.5 / 100 = 9,920 rubles. This is the amount of the penalty as of 08/01/14.
• The total amount of the penalty is determined by summing up each indicator: 3,100 + 6,150 + 9,920 = 19,170 rubles.

If you use the second method, calculations are made according to the formula: debt per month * total number of days of delay for this amount * 0.5%. Based on our initial data, we get:

• The debt for May is 20,000 rubles, the total number of days of delay is 92 days (as of 08/01/14). We receive a penalty in the amount of 20,000 * 92 * 0.5 / 100 = 9,200 rubles.
• The debt for June is 21,000 rubles, the total number of days of delay is 61 days (as of 08/01/14). We receive a penalty in the amount of 21,000 * 61 * 0.5 / 100 = 6,405 rubles.
• The debt for July is 23,000 rubles, the total number of days of delay is 31 days (as of 08/01/14). We receive a penalty in the amount of 23,000 * 31 * 0.5 / 100 = 3,565 rubles.
• The total amount of the penalty is 9,200 + 6,405 + 3,565 = 19,170 rubles.

Remember that alimony arrears and penalties can be collected from the debtor only for the last three years, because the collection of penalties is also subject to the rules of the limitation period. In addition, quite often the court decides to charge a penalty from the 1st day of the month following the reporting one. That is, in the absence of an agreement on the timing of the payment of alimony, the penalty for June 2014 can only be accrued from July 01, 2014.