Alimony as a percentage of salary

Alimony as a percentage of salary

Alimony – monthly funds for the maintenance of a child – is mainly assigned by the courts from the obligated father to pay as a percentage of wages (or other type of source of income). This method of collection is also referred to as “share”, since it is withheld from the payer in a certain share of earnings.

The amount of alimony share is determined in accordance with the requirements of the Family Code of Ukraine and is determined by the number of children:

  • payment of alimony in the amount of 25% of income (or 1/4 share) for the maintenance of one child;
  • withholding alimony for two children – 33% of the salary (or 1/3 of the share);
  • For the maintenance of three or more children, the alimony payer will deduct at least 50% of the salary.

In some cases, child support deductions in favor of minor children can reach 50 percent of the payer’s income, provided that the court deems it necessary.

For example, in case of child support obligations for several children from poor families, one of whom is disabled, or in the case of child support debt.

Withholding of alimony as a percentage is carried out from the taxpayer’s salary after deduction of income tax.

Alimony as a share of earnings

The amount of alimony may depend on a number of related factors, namely:

  • The number of children requiring payment (the difference in the amount will also depend on the circumstances, whether the children are from the same woman, or are growing up in different families).
  • The taxpayer’s salary.
  • The amount of income of the defendant – if there are several officially established incomes, an alimony percentage will be deducted from all of them in favor of the claimant (for example, if the payer has a salary and an official part-time job, or is an employed pensioner receiving a salary and a pension).
  • The special social status of the parties to alimony proceedings – whether the payer or recipient is disabled, dependent, or has other family members as dependents, etc.

Calculation of alimony as a share of income

Resolution of the Cabinet of Ministers of Ukraine dated February 26, 1993 No. 146 approved the List of types of income taken into account when determining the amount of alimony. In accordance with this Resolution, alimony payments from employees are made from all types of earnings and additional remuneration both for the main job and for part-time work.

The main types of income of the defendant for which monthly alimony is required are:

  • any salary, both at the main place of employment and part-time work (part-time work), as well as related
    salary payments:
  • bonuses;
  • additional pay for work on weekends and holidays, tension, overtime, complexity;
  • vacation pay;
  • all types of salary bonuses;
  • cash support;
  • remuneration;
  • fees;
  • special payments to teachers and doctors;
  • income of a regular nature, generating profit:
  • engaging in entrepreneurial activity;
  • rental of property;
  • income from civil contracts;
  • monetary allowances for military personnel and employees of the Ministry of Internal Affairs, customs authorities, fire service and drug control employees;
  • pension;
  • scholarship;
  • disability benefits (sick leave);
  • unemployment payments;
  • doctoral payments;
  • wages of convicts;
  • compensation payments from local and Russian budgets.

Collection of alimony as a percentage of salary

What types of income are not eligible for alimony?

  • temporary disability benefits for caring for a sick child under 14 years of age;
  • severance assistance upon dismissal;
  • amounts of tax-free financial assistance;
  • compensation to the employee for unused vacation, except when a person upon dismissal receives compensation for vacation not used for several years;
  • medical benefits;
  • maternity benefits;
  • compensation payments for business trips and transfer to work in another area;
  • the cost of vouchers to sanatoriums and holiday homes provided at the expense of the enterprise;
  • subsidies for lunches;
  • compensation amounts paid for depreciation of tools and wear and tear of clothing.

Alimony funds collected as a percentage are not subject to indexation, since it implies indexation of the employee’s salary itself, from which their maintenance is made.

Who pays salary support and when?

After the claimant receives a letter of execution (court order) on the assignment of alimony from the future payer, he has the right to do the following:

  • Take the original of this document to the territorial branch of the state executive service to open enforcement proceedings. In this case, the state executive will be responsible for sending the writ of execution to the payer’s workplace.
  • Independently transfer the writ of execution to the payer’s workplace without opening enforcement proceedings. In this case, the employer, on the basis of the received writ of execution, is obliged to monthly monitor the accrual of alimony to the claimant no later than three days from the date of payment of wages.

However, the first option for the recipient of alimony, associated with violation of enforcement proceedings and cooperation with the state executor, is safer and more effective, although slightly longer in time.

The fact is that only state executors are vested with the necessary powers in the event of:

  • restoration of a lost or damaged writ of execution;
  • conducting an accounting audit in case of incorrect calculation of alimony;
  • Carrying out the necessary work to collect alimony debt that may arise as a result of the payer losing his job.

What documents are needed to collect alimony as a percentage of income?

In order for the funds assigned for payment to begin to flow to the claimant, the state executive service must present:

  • The original writ of execution that establishes the purpose of alimony and where the percentage of their calculation is stated is a writ of execution or a court order.
  • Application for the calculation of alimony in favor of the claimant.
  • A copy of the child’s birth certificate.
  • Details of the bank account (card) of the claimant (taken either from the bank or printed at the ATM of the bank used) for subsequent transfer of amounts to the current account.
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