The Family Code, in force in Russia, takes into account all the nuances of calculating alimony after a divorce. Including parents are obliged to pay alimony after the dissolution of the civil marriage. The bailiffs can revise the amount of alimony upwards in the event of a serious illness of the child, and release from the payment of alimony only under certain circumstances. How are alimony payments formed and what should be the salary for a Russian when calculating alimony?
In general, child support in Russia, according to Article 81 of the Family Code, is calculated in a certain share of the parent's income (and this can be not only a salary, but also any monetary allowance, as well as any type of bonus, remuneration, incentives and bonuses).
All the types of income taken into account can be studied by referring to the Decree of the Government of the country of July 18, 1996 under number 841. And in the case when a person who is obliged to pay alimony (alimony payer) does not have a stable and regular income, or even completely hides his profit and does not officially declare it in any state agency, then alimony payments are assigned to him in a fixed amount of money.
There are situations when, for an unknown reason, the alimony payer does not transfer or does not bring the alimony assigned to him. All non-payments within 3 years that precede the day the bailiffs are required to collect are taken into account. As a rule, this requirement is based on a writ of execution or a notarized alimony agreement. Unpaid amounts for the full term can also be taken into account if the payer is to blame for their non-payment.
Thus, debt is formed, and its value can be determined:
- By the size of the actual salary of the person liable (as well as any other type of recorded income)
- By the size of the average wage in Russia in the current month and year - on the day of the presentation of claims for collection
The second option is used by the bailiffs, who found out that the payer at the time of accumulation of the debt was nowhere and did not work with anyone, and also if the payer refuses or cannot for other reasons provide documents certifying the amount of his earnings for the specified period. And also the second method of calculation will be applied if the debtor during this period did not register with the employment center of the population of Russia.
Where are the official data on average monthly wages published?
The Federal State Statistics Service publishes all calculations for the life and well-being of Russian citizens, including the average monthly salary in the country, on its own official website - gks.ru. There are also other information and sections on the state of the economy in the country.
What is the average salary in Russia
Average salary is the average. It is calculated from the paid wages of the entire officially employed population in all regions of the country. The statistics are calculated by the state agency - Rosstat. The calculation is carried out monthly. But the bailiff has the right to update the calculation of the alimony payments arrears once every three months, that is, on a quarterly basis.
So, according to Rosstat data, updated as of April 2, 2018, the average monthly wage was:
- In 2014 - 32,495 rubles
- In 2015 - 34,030 rubles
- In 2016 - 36709 rubles
- In 2017 - 39,144 rubles
- For 2018, Rosstat has data only for January. The amount indicated on the site is 39,017 rubles.
It is on this amount that bailiffs rely today when calculating the total debt of a defaulter for alimony.
Important! The debtor is obliged to know that all accrued debts by the bailiffs are always considered regardless of the city of his residence (although Rosstat also publishes statistical data in terms of regions). Debts are calculated at the national average. And this amount can be several times higher than even the real income of the debtor (after all, the indicators are different in the regions). Actually, there may not be any benefits for the non-payer in this situation and with such calculations.
If the debtor disagrees
If you do not agree with the decision made in relation to your person, then you have the right to appeal the decision.
