You will need
- - writ of execution;
- - court order;
- - notarially certified agreement on the payment of alimony.
Calculation of arrears of alimony for the past period on the basis of a writ of execution, usually performed within the past three years. However, the amount of debtand have to calculate as long as the entire amount is repaid. In this case you cannot apply the Statute of limitations.
Repayment of debt is calculated on the basis of what the equivalent was awarded payment of the debtand alimony. This can be a fixed amount or a percentage of income.
In that case, if the alimony awarded in a fixed amount, then this figure must be multiplied by the number of elapsed months, during which there was a debt and added to the amount of current child support. However, the total amount should not exceed 70% of the income of the debtor.
When payment of the debt as a percentage of income, it is necessary to sum all the debtor's income for the past period and divide the sum by the number of months in the billing period. Thus the percentage amount of child support per month, which must be multiplied by the number of elapsed months. However, the sum must also not exceed 70% of revenues.
If in the intervening period of education debt on alimony, the debtor officially anywhere did not work and received no income, in which case the amount owed is calculated based on the minimum wage. In that case, if the debtor has several children and arrears of alimony was common - maximum deduction percentage of income should be distributed equally among all the children.
To cancel financial debts for alimony can only in two cases: in connection with the death of a child or the debtor. If the calculations or direct repayment violated the interests of one party process, the party whose interests have been violated has the right to go to court.
Advice 2: How to calculate child support arrears
Parents are obliged to support their minor children regardless of whether they have income or not. Even if the parents or one of parents deprived of parental rights, it does not exempt their minor children. If the agreement on payment of alimony or court decision, child support is not paid, in accordance with article No. 113 of the RF IC, formed the debtyou want to pay.
Arrears will be calculated up until the full amount is not repaid regardless of the children have reached the age of majority or not. The Statute of limitations on deduction of debt shall not apply if the debtor evaded from payment of the alimony.
Arrears of child support is calculated on the basis of which the equivalent was awarded alimony payments in fixed amounts or percentage of revenues.
If alimony is awarded in fixed amounts, then this figure is multiplied by the number of months for which arose the indebtedness plus the amount of current child support. The payment of these funds is calculated in such a ratio that the amount deducted does not exceed 70% of the income of the debtor, because a large sum to keep the law.
When education debt as a percentage of revenues summarizes all revenue for the past period and divided by the number of months in the billing period. Calculate the percentage of child support per month and multiplied by the number of months for which originated the debt. Calculated current child support and arrears, but not more than 70% of the income of the debtor.
If during the period of the debt by the alimony the debtor was not working and had no official income, the amount owed is calculated with the minimum wage.
When the debtor has several children and a debt for alimony was formed for payments to all children, the maximum percentage of deductions from revenues – 70% divided equally among all the children of the debtor.
If after the decision on the payment of arrears and ongoing child support, the debtor refuses to pay, it can force to work or condemned for the term up to 1 year that will not relieve him of liability for repayment of the debt and alimony.
Alimony can be removed at the coming of age of the child at adoption, if the child has acquired the capacity to adulthood.
Arrears of maintenance can be removed only in two cases – if the child died or died a debtor.