Calculation of alimony

Calculation of child support

The calculation of alimony depends on many factors: the number of children, characteristics of the payer’s income, and other things. In this case, the court (if there is no agreement) must first of all be guided by the interests of the child and try to maintain the same level of provision for his needs.

How is alimony calculated by agreement?

Methods for determining how alimony will be calculated can be divided into types:

  • through a transaction;
  • by court decision.

In the first case, the parties determine the form of accrual independently. In the second, this is done by the court, guided by the provisions of the Family Code and other regulations.

Next, we will consider all possible aspects that determine certain features of the calculation of alimony.

Calculation of child support through the court

Both through a transaction and a court decision, a partial method of calculating payments can be determined, that is, in certain parts of the parents’ income.

The minimum values for one child are 1/4, for two children – 1/3, for three or more – 1/2 of the payer’s earnings.

In this case, the total amount of maintenance in favor of minor children cannot be more than 50% of the payer’s net income.

Calculation of alimony from income

Depending on the size and regularity of the payer’s income, alimony can be assigned in shares, as we said earlier, or in a fixed amount of money.

The latter option is practiced by the court when:

  • the parent does not have a permanent job;
  • his income is of an unstable nature, in foreign currency or in kind.

In these cases, the judge assigns a certain amount that is a multiple of the subsistence level determined for a specific region of Ukraine (or general for the country). In practice, this is expressed in the assignment of an amount, for example, the subsistence minimum.

This method of calculating alimony determines another important condition that must be met when withholding payments.

The cost of living changes regularly, and therefore alimony is subject to recalculation (indexation). This is done by the accountant of the organization in which the father or the government executive assigned to him works.

Income from which alimony is calculated

Child support is calculated for all forms of wages and most categories of income of citizens. Here is a detailed list.

Salary, allowances, bonuses and remuneration for labor:

  • all types of wages;
  • salary increases;
  • bonuses, additional payments and wage coefficients;
  • bonuses on a regular basis;
  • payments related to specific working conditions (for example, overtime);
  • fees for cultural figures and creative workers;
  • remuneration for teaching staff (for example, bonus for classroom management);
  • medical industry personnel benefits

Income from personal activities, pensions, scholarships, benefits:

  • all types of pensions and scholarships;
  • benefits paid to citizens due to temporary disability, lack of a job, those dismissed due to the liquidation of an enterprise, due to layoffs;
  • income from artisanal and entrepreneurial activities;
  • income from real and movable property, leased out in one way or another;
  • income from securities;
  • income from the implementation of civil contracts.

Income of special categories of citizens:

  • salary, allowances and additional payments for military personnel;
  • wages, allowances and additional payments for employees of internal affairs bodies;
  • benefits for the dismissal of military personnel and police officers;
  • income of persons serving prison sentences.

Income from which alimony is not calculated

This category includes:

  • 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.

Payment order for alimony payment

Payment of alimony is made through a payment order. It is according to this document that funds are transferred to the payee’s account.

In order to fill it out correctly, you must have data from other documents on the basis of which payments are made. The power of attorney must indicate:

  • surname, name and patronymic of the payer in full;
  • number assigned by writ of execution or by order on the basis of which alimony is provided;
  • the period for which the current payment is made;
  • sum;
  • when the transfer is made to a bank account, the following must be indicated: the total amount of wages from parents, taxes, percentage of deductions, the number of days worked per month, TIN number and the amount of debt, if any;
  • details of the recipient (for example, his current account number).

Payment orders for alimony payments are assigned first priority so that the bank considers them as a priority. This also needs to be specified.

Types of child support calculations

Child support is calculated according to voluntary consent or court decision

The size and form of withholding payments depends on the existing circumstances: the number of children, the availability and stability of income of the payer, etc.

The income that is subject to the calculation of alimony includes wages, allowances and additional payments to it, income from various types of business activities, scholarships, pensions, benefits, and military benefits.

At the same time, maintenance is not made from income related to compensation payments, birth and death benefits, humanitarian aid and others.

The transfer of funds is carried out through a payment order, which must contain information about the payer and accrued alimony.

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