Amount of alimony based on average earnings in the Russian Federation in 2021

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If the payer of obligations to persons in need has received the status of “unemployed” at the Labor Exchange, or has inconsistent unofficial income, then when determining the amount of alimony, the court in 2021 takes into account the size of the average monthly salary in the Russian Federation. Data on the average income of Russian citizens is taken from the Rosstat website. On what grounds are alimony calculated based on the average monthly salary in the Russian Federation and who is entitled to such payments in 2021, is described in detail below in the article.

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What is alimony based on average wages?

If one of the child’s parents (former spouses) is officially employed, that is, has a regular monthly income, then alimony is calculated in shares of earnings (clause 1 of Article 81 of the RF IC). However, it happens that the alimony worker loses his job. After which the dismissed citizen does not register with the Labor Exchange and, accordingly, does not receive unemployment benefits. In addition, it happens that the alimony worker has unofficial (irregular) income.

In the above cases, alimony is calculated based on the average salary in 2021 (clause “K” of Russian Government Resolution No. 841 of July 18, 1996). Alimony debt is calculated on the basis of clause 4 of Art. 113 RF IC.

Alimony based on the average salary in 2021 is payments calculated based on data on the average Russian monthly income of workers in the Russian Federation .
Such statistical information can be found on the Rosstat website.

When is child support paid from the average salary in 2021?

When calculating alimony debt, in the absence of official information about the debtor’s salary, the judge (bailiff) calculates the amount of alimony based on the average salary of employees. Thus, alimony payments are calculated based on the average monthly earnings in Russia in 2021, only on the following grounds:

• If the payer has a child support debt. Moreover, the debtor’s income for the period of non-payment is not documented (clause 4 of Article 113 of the RF IC).
• When the person obligated for child support, who is the parent of the child, is not officially employed anywhere (Part 3 of Article 102 of Federal Law No. 229 of October 2, 2007).
• If the alimony debtor has not submitted documents on his income to the FSSP (clause 1.2 of the letter of the FSSP of the Russian Federation No. 00011/16/85969-AP dated September 15, 2016).

Attention:
If the alimony recipient went on a well-deserved rest and received a pension for himself, then the calculation of alimony is carried out based on the amount of the pension payment (clause 8 of the resolution of the Plenum of the Armed Forces of the Russian Federation No. dated December 26, 2021).

For what payments is average per capita income important?

The state's social policy provides for a number of support measures for citizens with low earnings.
Most of the financial assistance is aimed at supporting families with children. But some compensations and benefits are paid to single citizens, elderly Russians and other categories. You will need to calculate your family income to receive the following benefits:

In addition to basic benefits for the poor, regional authorities establish additional assistance measures. These are not only monthly payments for children, but also a number of other payments. For example, one-time financial assistance, payments for treatment, subsidies for housing and education.

You should check with your territorial MFC or social welfare department to find out what benefits and allowances are available in your region.

IMPORTANT!

To receive any type of assistance, you must prepare the necessary documents and submit an application to social security, the Pension Fund or the MFC.

Benefits of paying average earnings obligations

For the collector of money, paying alimony calculated based on the average salary in the Russian Federation in 2021 has its advantages and disadvantages. The benefit of calculating alimony payments based on average income, in particular, can be considered that in some situations a financial amount is collected from the payer, more than what would be accrued as a share of his monthly earnings.

IMPORTANT

The disadvantage of calculating the alimony amount based on the average Russian salary in 2021 is the large difference between the monthly incomes of workers from different regions of the Russian Federation. Thus, according to data from the Rosstat website, in January 2021 the average earnings were equal to 46,674 rubles. However, in Chukotka the average salary was higher (105,132.80 rubles), and in the Ivanovo region, on the contrary, lower (26,415.80 rubles). As a result, the difference in wage levels between residents of the above regions amounted to such a significant amount: 78,717 rubles. (RUR 105,132.80 – RUR 26,415.80).

Which calculations are better?

The question of minimum wage alimony or subsistence minimum is very relevant. After all, the final amount of debt, as well as the rate of its accumulation, depend on the base amount of the calculations.

Therefore, it is more profitable to use a larger value. And this is the average wage level.

After all, the meaning of this value is to determine the average income of a working person. Since you need to work to pay alimony, if employed, the payer would receive a salary close to the specified amount. Of course, linking the payer’s likely salary to the average level is very conditional. But the average value is good because it can be applied to all situations.

Accordingly, when the payer evades payments and does not work, it will be fair to calculate the debt to him based on the income of the working person.

Have you ever experienced delays in child support payments?

Not really

The use of the subsistence minimum is also justified. Its size is based on the minimum average needs of a person. However, there are several categories of this value. It is established separately for working persons, pensioners, and minors.

Who can receive alimony from the average salary in 2021?

Recipients of alimony based on the average salary in 2021 include minor children (Article 83 of the RF IC). When setting the amount of alimony, the court takes into account the current state of health of the payer of the obligations and the need of the child (Article 108 of the RF IC).

For your information

Once the children reach their 18th birthday, the parent's child support obligation ends. However, if the offspring is disabled, then the payment of alimony for children with disabilities from the average salary in 2021 continues on the basis of an agreement between the parents or a corresponding judicial act (clause 1 of Article 85 of the RF IC).

Determining the amount of alimony based on average wages in 2021

When determining the amount of alimony based on the average salary in the Russian Federation in 2021, the FSSP bailiff (judge) first opens the Rosstat website. Next, the official goes to the section “Labor Market, Population and Wages” and clarifies the average monthly income in Russia.

Moreover, according to clause 1.2 of the letter of the FSSP of the Russian Federation No. 00011/16/85969-AP dated September 15, 2021, personal income tax is not charged on the average salary in Russia. After all, such a statistical indicator is not the real income of the alimony worker.

IMPORTANT

According to paragraph 1 of Art. 81 of the RF IC, alimony for the average salary in 2021 is calculated in the following amount: for one child - 1/4 of the average monthly earnings (for two children - 1/3, and for three offspring, four or more children - 1/2 , respectively). Moreover, if a parent paid 1/4 of the alimony from the average income in Russia for the maintenance of a child from his first marriage, and then the obligated person began to have alimony obligations for his son (daughter) from his second marriage, then 1/6 is established for each minor offspring salary share (clause 1.2 of the letter of the FSSP of the Russian Federation No. 00011/16/85969-AP dated September 15, 2021).

Legislative regulation of the issue

Minimum payment of alimony If we assume that the alimony payer receives the minimum salary, that is, equal to the minimum wage, then in 2021 this amount will be equal to: As practice shows, the amounts paid by the alimony payer are hardly enough to support the child. Especially if the basis is a share of the subsistence minimum or the minimum wage. In this case, there is a way to increase the volume of payments.

As a rule, the starting point is the financial situation of the mother and the alimony payer.

How to find out the amount of alimony based on the average salary in Russia as of the current date?

In order to find out the amount of alimony in 2021 based on the average salary in the Russian Federation as of the current date, the claimant needs to follow the following algorithm of actions:

1. Go to the Rosstat website.
2. Go to the “Statistics” section and select “Official Statistics”.
3. Click on the subsection “Labor market, employment and wages”.
4. On the right, select the item on average monthly real and nominal wages.
5. Go to the sub-item on wages in general for the Russian economy for 1991-2021.
6. Multiply the found average monthly salary by ½, 1/3, ¼ or 1/6 (depending on the number of child support recipients in the family).

In the regions of the Far North and nearby territories of the Russian Federation, a northern increasing coefficient is added to the employee’s basic salary. As a result, the average salary in 2021 in this area is high. In the south of Russia, earnings, on the contrary, are several times less.

IMPORTANT

As a result, when determining the amount of alimony based on the average salary in Russia in 2021, the average figure of average monthly earnings in the Russian Federation is established as a result of dividing the regional values ​​of monthly income by 85 (by the number of constituent entities of the Russian Federation).

For 2 children

In what cases is the minimum wage used when calculating alimony? The current legislation does not establish the exact amount of the minimum amount of alimony payments. How much a citizen will pay to his family each month is determined individually in each case, depending on his financial situation and family composition. Does the current minimum wage in the region matter for alimony and how does it participate in calculating the amount of payments?

• the payer is not officially employed;
• The payer’s income is not constant (seasonal work, receiving a percentage of production, etc.).

An example of calculating average earnings in 2021

The amount of average monthly earnings for calculating alimony in 2021 is determined based on how many children the payer has. In addition, when establishing the alimony amount, the following period of time is taken into account: from the date a citizen receives the “unemployed” status at the Labor Exchange or is hired for an unofficial job, until the day the FSSP resolution is issued (clauses 2, 4 of Article 113 of the RF IC). For a complete understanding, you can refer to the example of calculating the average salary for alimony in 2021, presented below.

Example

In August 2021, Sidorov divorced his wife. On October 1, 2020, the man left his job and started working for the company unofficially (without formalizing an employment contract). Sidorov left behind a son aged 8 years.

On January 11, 2021, Sidorov received a resolution from the FSSP bailiff to calculate alimony arrears for the last 3 months (December, November and October 2021).

In December 2021, the average monthly earnings in the Russian Federation amounted to 62,239 rubles. As a result, the FSSP bailiff’s resolution indicated the following alimony amounts:

• October 2021 - RUB 15,559.75 (25% of RUR 62,239);
• November 2021 - RUB 15,559.75;
• December 2021 - RUB 15,559.75

When calculating alimony for Sidorov, the indicator “average monthly salary in the Russian Federation” was divided by ¼, which is 25%. After all, the divorced spouses have 1 common minor child.

-Statistics

Indexation of alimony to a minimum wage of 100 rubles For example, in the information letter of the Arkhangelsk Regional Court dated May 14, 2007 No. 33-20 (by the way, it is available on the Internet) the following example of indexation of alimony is given: But gentlemen, lawyers! I would like to know why our authorities are so ignorant and what should I do now with this 1 minimum wage?

As of September 1, 2005, the minimum wage was 800 rubles. Since May 2006, the minimum wage has been increased to 1,100 rubles, i.e. 1,375 times (1,100 rubles:800 rubles = 1,375).

• if the child is alone, he has the right to count on alimony in the amount of 25% of the total income of the parent living separately;
• if there are two children, they have the right to count on amounts exceeding 1/3 of the total income of the parent living separately;
• if there are three or more children, then they have the right to count on an amount exceeding half of the total income of the parent who lives separately.

Collection of alimony obligations based on the average salary of the payer

The procedure for collecting alimony accrued based on the average salary in 2021 is as follows (Article 122 of the Code of Civil Procedure of the Russian Federation):

1. The alimony recipient’s appeal to the magistrate’s court (clause 1 of the resolution of the Plenum of the Armed Forces of the Russian Federation No. dated December 26, 2021).
2. Filing a claim. The rest of the necessary certificates are attached to the statement of claim.
3. Court appearance.
4. Receive a writ of execution and an extract from the court order (decision).
5. Contact the territorial branch of the FSSP and submit an application to initiate new enforcement proceedings.

The following information is indicated in the lawsuit (Article 131 of the Code of Civil Procedure of the Russian Federation):

• name of the court;
• information about the claimant and the alimony payer (full name, registration, contacts);
• the amount of alimony and the requirement for its collection;
• Date of preparation;
• personal signature.

If a lawsuit is filed to recover alimony, the plaintiff does not pay the state duty (Part 2, Clause 1, Article 333.36 of the Tax Code of the Russian Federation).

The following documents are attached to the claim for the recovery of alimony based on the average salary in 2021:

• certificate of marriage (annulment);
• birth certificate of one child or several children;
• documents on the plaintiff’s work or lack thereof (from the Labor Exchange), as well as on the need to bear expenses for the maintenance of children (child);
• photocopies of the claim and documentation attached to the petition (according to the number of parties involved in the case).

The application to the FSSP to initiate new alimony enforcement proceedings shall include the following information:

• initials of the head of the Federal Bailiff Service of Russia for the region and his current position (“senior bailiff”);
• FULL NAME. claimant;
• personal information of the applicant (date of birth, registration, mobile phone);
• title (“Application”);
• the petition itself - “I ask you to accept for execution the writ of execution (No., date) in relation to the debtor (full full name). I ask you to transfer funds to: (bank account details)”;
• date of registration;
• personal signature.

A sample application to initiate enforcement proceedings is available.

A certificate of the alimony recipient’s personal bank account must be attached to the application to the FSSP to initiate new enforcement proceedings.

What do the lawyers say?

The Ministry of Justice promised to fix alimony in the amount of the minimum wage. It is possible (and necessary!) to inflate the amount of alimony after a real collection mechanism is in place. In most cases, the debtor simply has nothing to take - he does not work, has only one home and no other property. But in other situations, bailiffs should work more actively. It was proposed that the parent receiving alimony unconditionally have the right to apply to the court to change the method of collecting the minimum wage or initially demand the assignment of alimony in that amount. If alimony is required in a larger amount, it was necessary to prove the need for additional payments.

And how many such debtors are there? And how many do not have the opportunity or desire to work? Yes, they can be given 100 thousand in alimony - where will they get the money and who will collect it?

Calculation of alimony debt based on average earnings in 2021

In addition to the basic amount of the debt, the alimony debt for the average salary in the Russian Federation in 2021 also includes a penalty. The penalty is equal to 0.1% of the unpaid amount for each overdue day (Article 115 of the RF IC). Below is an example of calculating alimony debt based on average earnings in 2021.

Example

The former Reshetnikov spouses have been married since 2021. In 2016, a son was born into the family. In June 2021, the Reshetnikov couple divorced.

In June 2021, the mother of Reshetnikova’s child went to court. The defendant in the Reshetnikov case was unable to document his monthly income. As a result, alimony was calculated based on the average monthly earnings in the Russian Federation.

In June 2021, the average monthly salary in the Russian Federation was 49,348 rubles. The Reshetnikovs have one child together. Then the amount of alimony is 12,337 rubles. per month (RUB 49,348 × 0.25 (25%).

From July to October 2021, Reshetnikov allowed the formation of alimony debt. Moreover, the period of non-payment was 110 days.

The calculation of the alimony debt with penalties was made as follows:

1. 12,337 rub./30 days = 411.23 rub. — alimony amount for child support (for 1 day).
2. RUB 411.23 × 110 days of non-payment = 45,235.3 rubles. - the amount of the main alimony debt.
3. RUB 45,235.3 × 0.001 (0.1%) = 45.24 rub. — late fee (for 1 day of delay).
4. 45.24 rub. × 110 days of non-payment = 4,976.4 rubles. - penalty for the entire period of non-payment.
5. 45,235.3 + 4,976.4 = 50,211.7 rub. - total to be paid by the alimony provider.

The FSSP bailiff must take into account that no more than 50% of the monthly income can be recovered from the alimony provider. This rule is established in Art. 138 Labor Code of the Russian Federation. In addition, in the event of collection of obligations to provide for minor children, no more than 70% of alimony can be withheld from the salary (the payer’s monthly income) (clause 3 of Article 99 of Federal Law No. 229 of October 2, 2007).

Resolution on the calculation of alimony debt

The amount of alimony debt is indicated in the relevant decree of the bailiff (Article 102 of the Federal Law No. 229 of October 2, 2007). The document is drawn up within 3 calendar days from the date the FSSP employee receives the claimant’s application and the judicial act (clauses 7, 8 of Article 30 of the Federal Law No. 229 of October 2, 2007).

The resolution of the FSSP bailiff on the calculation of alimony debt specifies the following details:

• name of the FSSP of the Russian Federation (for example, Leninsky ROSP of the Russian Federation);
• address of the division of the FSSP of the Russian Federation;
• FULL NAME. bailiff;
• document details;
• FULL NAME. and registration of the alimony worker;
• FULL NAME. and registration of the claimant;
• subject of execution;
• amount of debt (As of “__”);
• period of non-payment;
• link to article 14, 102 Federal Law No. 229 of October 2, 2007 and Art. 113 RF IC;
• FULL NAME. and the address of the alimony payer and the claimant;
• surname and initials of the bailiff;
• FSSP seal.

The decision on the calculation of alimony debt can be appealed in court or to a higher authority of the FSSP. According to Art. 122 Federal Law No. 229 of October 2, 2007, the document can be appealed within 10 days from the date of registration.

How is the calculation done?

It is a mathematically simple operation. After all, you need to add the same value to the total amount every month. But it is not so. After all, there are periods when the payer pays off the debt.

Or, on the contrary, he submits documents stating that he could not make deductions for objective reasons. This means that the period of debt formation is interrupted.

Therefore, you need to calculate the debt very carefully and take into account all significant circumstances . For this reason, the calculations are made by bailiffs. They do this independently and regularly without any participation from the creditor. The final settlement is formalized in an official document - a resolution.

Calculation of alimony based on average wages according to Rosstat

To calculate alimony from the average salary in 2021 according to Rosstat, the claimant needs to follow the following procedure:

1. Go to the Rosstat website.
2. Go to the “Statistics” section and click on the “Official Statistics” sub-item.

3. Open the “Labor market, employment and wages” tab.

4. On the right, open the sub-item “Average monthly accrued nominal and real wages of the organization’s employees.”

Below, for reference, is a table with the average salary in Russia over the last 5 years, that is, in the period 2015-2019. Data taken from the Rosstat website.

For an example of calculating alimony from the average salary according to Rosstat, we can consider the following situation:

Example

The Ivanovs married in 2015. The following year their son was born.

In February 2021, the Ivanovs divorced. After the divorce, the ex-wife went to court. The child's father, Ivanov, did not provide any documentation confirming his monthly income.

The court decision to collect alimony was issued on February 11, 2021. In January 2021, the average Russian salary was 46,674 rubles.

The divorced Ivanov spouses have 1 common child (son). As a result, in the court decision dated February 14, 2021, the amount of alimony was established - 46,674 × 0.25 (25%) = 11,661.75 rubles.

Arbitrage practice

As judicial practice shows, courts generally reject claims challenging the decision of the FSSP bailiff to collect alimony debt accrued based on the average salary in the Russian Federation.

An example from judicial practice

The Moscow City Court, in its appeal ruling No. 33-29006/2015 dated August 14, 2015, upheld the decision of the Zyuzinsky District Court of Moscow dated December 15, 2014. According to the verdict of the first court of December 15, 2014, the applicant was denied the claim to invalidate the decision of the FSSP bailiff on the basis of Art. 102 Federal Law No. 229 of October 2, 2007 and clause 5 of Art. 113 RF IC. During the court hearing, the Moscow City Court made sure that the calculation of alimony debt was carried out according to the law. After all, the alimony provider did not submit a 2-NDFL certificate to the FSSP for the period from May 5, 2005 to March 30, 2009, from July 1, 2010 to October 26, 2010. As a result, alimony was calculated based on average monthly earnings in the Russian Federation.

Similar cases from judicial practice are given in the appeal rulings of the Sverdlovsk Regional Court No. 33-6748/2015 dated May 20, 2015 and the Moscow City Court No. 33-25553 dated July 20, 2015.

Regulations

Family legal relations, including the procedure for deducting alimony, determining debts, and methods of payment are regulated by several basic regulatory legal acts. So, the Family Code of the Russian Federation is called the main one. When carrying out any calculations of alimony, Article 113 is applied predominantly.

Carrying out the debt collection procedure, its norms, rules, the procedure for the final calculation of alimony by executive authorities implies the use of the Federal Law “On Executive Power”.

Useful video: what is the amount of child support established by law?

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