There is often a situation where a former husband for some reason does not pay for the child's alimony. In this case, in court, it is possible to recover not only the alimony debt itself, but also the amount of the penalty that can be calculated on its own.
According to Art. 115 of the Family Code of the Russian Federation, the debtor must pay a penalty for alimony in the amount of 0.5% of the amount of debt for each day of delay. In the event that the proceeding did not arise the fault of the debtor (the delay of salaries, the problems with the bank transfer due to the wine of the bank, so on.), It is impossible to impose responsibility for non-payment.
- For May we get this amount of the penalty: 20 000 * 31 * 0.5 / 100 \u003d 3 100 rubles. This is as of 01.06.14.
- For June, the amount of debt is summed in two months: 41 000 * 30 * 0.5 / 100 \u003d 6 150 rubles. This is the amount of the penalty as of 01.07.14.
- For July, the debt is taken for three months: 64,000 * 31 * 0.5 / 100 \u003d 9,920 rubles. This is the amount of the penalty as of August 1, 15.
- The total amount of the penalty is determined by the summation of each indicator: 3 100 + 6 150 + 9 920 \u003d 19,170 rubles.
- Debt for May 20,000 rubles, the total number of days of delay is 92 days (as of 08/01/14). We get a penalty in the amount of 20,000 * 92 * 0.5 / 100 \u003d 9 200 rubles.
- Debt for June 21,000 rubles, the total number of days of delay is 61 days (as of 08/01/14). We get a penalty in the amount of 21,000 * 61 * 0.5 / 100 \u003d 6 405 rubles.
- Duty for July 23,000 rubles, the total number of days of delay is 31 days (as of 08/01/14). We get a penalty in the amount of 23 000 * 31 * 0.5 / 100 \u003d 3,565 rubles.
- The total amount of the penalty is 9,200 + 6 405 + 3 565 \u003d 19,170 rubles.
Remember that alimony arrears and penalties can be recovered exclusively in the last three years, because the penalty imposition is also subject to the rules of the limitation period. In addition, quite often the court makes a decision on the accrual of a penalty from 1 day of the month following the reporting. That is, in the absence of an agreement on the terms of payment of alimony, a penalty for June 2014 can be accrued only from July 1, 2014.
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Hello! The question is how to calculate a penalty for alimony. If the former spouse pays not regularly and not the whole amount. Example: By agreement of 10.07.2012, payment next month for the expired in the amount of 3.25 minimum wages. In January 2013, did not transfer the amount in full, in February 2013, the 12th of the number 7000 rubles, in March 2013, the 5th is 10,000 rubles.
Thank you in advance
Former husband owed me 35 months of alimony, how to calculate the alimony themselves, I counted the amount funny, I counted 150 more, I thought it was a subsistence minimum for children for all periods installed in the region, this is right or the calculation is taken by some other amount It does not work and did not work, well, a maximum of the month later Z.P. In the hands will receive, leaves around, he is expelled and he is again looking for a job, so constantly.