Calculation of the amount of alimony payments

Calculation of the amount of alimony payments

The calculation of alimony is determined by legal norms, however, this issue has several nuances, taking into account which its solution cannot be called easy. During the divorce process, each party reasonably wants to understand what amounts they will have to deal with.

For the man who will remain with the children, this is important, because he will now have to provide for the family alone. And the second one needs to imagine what part of the income will have to be withheld in favor of the children.

Calculation of the amount of alimony with a voluntary agreement

The Family Code gives parents the right to determine for themselves the method of calculating and paying child support for common children in a voluntary agreement. In this case, you need to remember only one limitation – the amounts should not be lower than those that would guarantee a standard court decision:

  • 1/4 of the income per child;
  • 1/3 – for two children;
  • 1/2 – for three or more children.

Payments can be calculated in accordance with one of the following methods:

  • As a share of income (for example, according to the scheme discussed above).
  • A fixed amount of money paid in a lump sum or at specified intervals (once a month, quarter, or other period of time).
  • In the form of transfer of movable or immovable property. This includes both expensive property, such as an apartment, and everyday necessities, such as school supplies or food.
  • Other methods to which the parties have mutually agreed.

Calculation of the amount of alimony payments through the court

If the parties, for one reason or another, do not reach an agreement that suits them, the issue is resolved in court. First of all, the judge must be guided by the interests of the child in order to maintain his usual standard of living. But at the same time it is necessary not to infringe on the interests of the father.

In a standard situation, as mentioned above, alimony is calculated according to the following scheme:

  • 25% of total income – per child;
  • 33% – for two children;
  • 50% – for three or more children.

However, the state of affairs is not always standard. For these cases, it is possible to calculate alimony in a fixed monetary amount. The following facts may be the basis for the corresponding court decision:

  • The payer’s income is unstable; he receives it in foreign currency or in kind (for example, products produced by the enterprise).
  • The person who is obliged to pay alimony has no income at all and is unemployed.

In the event of such circumstances, the court sets the amount of alimony as a multiple of the current average salary. The calculation takes into account the indicator relevant for a specific region of Ukraine.

The amount of payments is calculated by the court in order to maintain the level of financial support for the child that was in a complete family.

Indexation of the amount of alimony payments

The legislation regulates the timely indexation of alimony.

Payments in a fixed monetary amount are tied to the level of the subsistence minimum for a child of the corresponding age, which changes periodically. With each change in the cost of living, the amount of deductions must also be transferred.

This is done either by the accounting department of the enterprise where the payer works/studies, or by the state executor dealing with his business.

If deductions are made over time, then recalculation must be made for each period in which the minimum changed.

Calculation of the amount of alimony through the court

Calculation of deductions can be made as a share of income, a lump sum, or by transfer of real estate. The form is determined by the parties to the transaction. If this does not happen, the issue is resolved by the court.

The court can determine the amount of alimony either as a percentage of the income of the person who must pay it or as a fixed amount of money. It is set as a multiple of the average salary currently relevant for a particular region of Ukraine.

Every time the level of average wages changes, the amount of alimony must be recalculated in accordance with the new adjustments.

Services of a family lawyer

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for calculating and collecting alimony.

We are responsible for the quality of legal services and guarantee a positive result.

With the help of a family lawyer or lawyer, your case regarding the calculation and collection of alimony will be resolved more professionally and quickly.

By contacting us, you are guaranteed to receive professional legal assistance in calculating and collecting alimony.

You deserve our professional legal assistance!

Take the first step towards your victory in a legal case regarding the calculation and collection of alimony, call or write to a lawyer and you will receive answers to all your questions.

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