How to calculate alimony: shares or a fixed sum of money

The question of how to calculate alimony usually comes up once it has become clear that payments will have to be made or received, but how to work out their amount is not. Some people go by percentages of salary, others have heard of a fixed sum and do not understand when each option applies. Confusion also arises where there are children from different marriages, and where the payer has no official income.

This article explains how to calculate alimony for one, two, three or more children, what to base it on where there is no employment, and what limits are set for the minimum and maximum. It also shows separately in which cases a fixed sum of money is advantageous and how the amount is calculated when a second child is born.

How to calculate alimony for one child: the basic logic and what is taken into account

The calculation of alimony for one child is based on two lawful models: a share of the payer's income and a fixed sum of money. The first applies where there is regular official earnings or other accountable income. The second applies where income is irregular, varies from month to month, is paid in foreign currency, or part of it is hidden.

Before calculating alimony, two key figures need to be established: the payer's income and the number of recipients. Income is taken net of mandatory taxes and levies, and with account for all sources — wages, business income, rental receipts, dividends. The number of recipients affects the share that will fall to one child: the more children or other claimants, the smaller each one's portion.

• The source and regularity of the payer's income: wages, business income, rent, dividends
• The number of children and other alimony recipients of the same payer
• The existence of a voluntary agreement on the payment of alimony or a court decision
• The financial and family situation of both parties, including dependants
• The period for which the calculation is made: current payments, arrears or indexation
• Documents confirming income: certificates, tax information, account statements

How to calculate alimony in shares: percentages of income for one, two or more children

Under the Code on Marriage (Matrimony) and Family, alimony for minor children is recovered in shares of the parent's earnings and other income. The size of the share is tied to the number of children: the more children, the higher the total percentage withheld, but the less falls to each one.

To calculate alimony for one child as a percentage, the statutory share is applied to confirmed income. If a parent has one minor child, a quarter of income is recovered. Where there are grounds, the court may reduce or increase this share taking into account the financial and family situation of the parties.

Where the payer supports two children, the combined amount is one third of income. If alimony is recovered for both in a single proceeding, one third of the income base is divided between the children, that is, each is entitled to one sixth of the parent's earnings.

• Determine the payer's official income: wages, allowances, bonuses and other payments subject to mandatory pension contributions.
• Establish the number of minor children whom the payer is obliged to support.
• Determine the lawful share under the Code on Marriage (Matrimony) and Family: 1/4 for one child, 1/3 for two, 1/2 for three or more.
• Divide the total share among all recipients where maintenance is recovered under several enforcement documents.
• Bear in mind that if the number of children or their financial position changes, the court reviews the previously established share.

How to calculate maintenance for two children: percentages, minimum and maximum limits

Under the Code on Marriage (Matrimony) and Family, one third of the payer's income is recovered for two children. The court or the parties take confirmed earnings less mandatory payments: taxes and pension contributions. The total amount of deductions may not exceed half of the income, and the payer must be left with no less than the subsistence minimum.

Where income is irregular, a share-based calculation is unsuitable: the court sets a fixed sum in monthly subsistence minimum indicators for each child, based on the family's standard of living before the divorce and the financial position of the parties. The minimum threshold is a share of the subsistence minimum sufficient for maintenance; the maximum is not expressly limited by law, but the payment must not be unaffordable.

• Confirmed and regular income — a share of earnings.
• Irregular or mixed income — a fixed sum or a combination.
• Minimum and maximum deduction — half of income and the subsistence minimum.
• Verifying the calculation — statements, extracts, average monthly wage in the region.

How to calculate maintenance for three or more children

Where three or more children are supported, the rule applies: a ½ share for all of them, that is, maintenance for three children is 50 per cent of the payer's income. This procedure applies where the children have the same parent and live with one claimant.

Where the children are from different marriages, the court proceeds from the total number of children: with three children from two mothers, each is entitled to 1/6 of the income, and the total deductions stay within 50 per cent. For four children — ¼ of income each, for five — 1/5, but the total deductions are no more than half of earnings. If the income does not allow the required amount to be deducted, the court may set a fixed sum of money.

The financial and family position of the parties and other circumstances deserving attention are taken into account. Maintenance for 3 children is calculated from all types of income subject to accounting, after mandatory payments are deducted.

• Three children — ½ of income for all, 1/6 each.
• Four children — ¼ of income each, with an overall limit of half of earnings.
• Five or more — 1/5 or less each, within 50 per cent of income.
• Children from different marriages — shares are calculated from the total number of children.
• Exceeding the maximum share — grounds for a fixed sum.
• All types of the payer's income are taken into account, except those excluded by law.

How to calculate maintenance from an unemployed person: what to base it on

Where the payer has no official income, maintenance cannot be tied to a share of earnings: there is nothing to deduct from. The Code on Marriage and Family provides that where there is no income, or where income is in foreign currency or in kind, recovery proceeds in two ways. The first is calculation based on the average wage in the region where the payer lives or works. The second is a fixed sum of money based on the financial and family position of the parties.

Calculation based on the average wage applies where the payer is able to work but conceals income or works informally. The figure is taken from the data of the authorised statistics body at the time of applying to the court. Share-based recovery is preserved: one quarter for one child, one third for two, half of the base for three or more.

• A statement of income or its absence — it confirms what there is to work from.
• Information about the payer's place of work and earnings — it substantiates a calculation based on average salary.
• The court enforcement officer's calculation of arrears — it shows how deductions were made previously.
• Documents on expenses for the child — they support a claim for a fixed sum.
• The enforcement order stating the method of recovery — it sets the procedure for further deductions.

Calculating alimony starts not with a calculator, but with determining the method of recovery: until a choice is made between shares and a fixed sum, any figures will remain approximate.

Minimum and maximum amounts of alimony: what matters when calculating

The minimum and maximum amounts of alimony are the two boundaries between which the court determines the final sum. The minimum is tied to the subsistence minimum: if the awarded share or fixed sum is below that level, the court may increase the maintenance. The maximum is limited by the payer's share of income — as a general rule, for one child it does not exceed a quarter of earnings and other income.

In practice, the minimum amount per child depends on the number of children and the parent's confirmed income. The minimum amount for one child is calculated as a share of earnings, but not below the subsistence minimum for the relevant category. Where income is irregular or fluctuating, the court sets a fixed sum, also guided by the subsistence minimum.

• The payer's confirmed income: the higher the earnings, the larger the share, but not above the established maximum.
• Subsistence minimum: it serves as the lower boundary for a fixed sum and for a share.
• The number of children and other recipients: it increases the total percentage of deductions up to the permitted limit.
• Regularity of income: where earnings are unstable, the court more often awards a fixed sum.
• Dependants of the payer: they may limit the share recoverable.
• Indexation: the fixed sum is recalculated as the subsistence minimum changes.

Table: how to calculate alimony for a different number of children

The calculation of alimony depends on the number of children and the method of recovery. Share-based order: for one child — one quarter of income, for two — one third, for three or more — one half. These shares apply to earnings and other income; the court may reduce or increase them.

If income is irregular, fluctuating or absent, the court may award alimony in a fixed monetary sum. It is tied to the subsistence minimum per child in the region and is indexed. The fixed sum is determined separately for each child, not as a share of total income.

Where there are other children or dependants, the share may be revised. The court takes into account the financial and family situation of the parties, the health of the children and other circumstances, so the final amount is individual.

• The share-based method is used where income is stable and confirmed by documents.
• A fixed sum is used where income is irregular, paid in foreign currency or in kind.
• Where recovery is for one child, the share is one quarter of the payer's income.
• Where recovery is for two children, the share is one third of the payer's income.
• Where recovery is for three or more children, the share is one half of the payer's income.
• The amount of the fixed sum is determined by the court as a multiple of the subsistence minimum per child in the region.

The shares are set in accordance with the law; the fixed sum is established by the court taking into account the subsistence minimum per child in the region.

When it is more advantageous to calculate alimony as a fixed sum of money

The court establishes alimony as a fixed sum of money where recovery as a share of earnings is impossible or does not reflect the actual maintenance of the child. Grounds: irregular, fluctuating income of the payer, income in foreign currency, absence of official earnings, payment of income in kind or in property. In that case shares are not applicable, and the court fixes a specific sum.

The claimant substantiates the necessary level of maintenance of the child: expenses for food, treatment, education, clothing, housing. The court compares it with the financial position and family status of the payer, and takes into account other children and dependants. The amount of alimony is determined in a multiple of the monthly calculation index and is indexed in proportion to its change.

• Determine the confirmed monthly expenses for the child based on receipts, contracts and statements.
• Establish the average monthly income of the payer for the period when there was income, or its absence.
• Compare the expenses with the income and determine the share that the payer is able to cover.
• Convert the sum into a multiple of the monthly calculation index for subsequent indexation.
• Check that the fixed amount does not exceed the child's reasonable needs and the payer's means.

Table: shares or a fixed amount — how to calculate alimony and what to choose

The choice of how to calculate alimony depends on the stability and nature of the payer's income and the needs of the recipient. Under the Code on Marriage (Matrimony) and Family, alimony is recovered as a share of earnings or as a fixed sum of money. The court assesses the financial position of the parties and other circumstances deserving attention.

The share-based method is convenient where there is a regular official income: the accounts department withholds a portion of earnings each month. A fixed amount is used where income is irregular, changes, or is paid in kind or in foreign currency. If the payer conceals receipts, the court may set a fixed amount.

A fixed amount is indexed in proportion to the growth of the monthly calculation index. The share-based method does not require recalculation, but depends on actual payments. Where there are several children or other dependants, the size of the share may be reduced by the court.

• Stable official income — the share-based method.
• Irregular or seasonal earnings — a fixed amount.
• Income in foreign currency or in kind — a fixed amount.
• Several children from different marriages — the share may be adjusted.
• Concealed income of the payer — a fixed amount.
• Need for indexation — a fixed amount.

The choice of method remains with the court, taking into account the interests of the child and the position of the parties.

How to calculate maintenance where the children are from different marriages

Under the Code on Marriage (Matrimony) and Family, maintenance for minor children is recovered as shares of income: one quarter for one child, one third for two, and one half for three or more. Where the children were born in different marriages, each parent may apply to the court separately, and in each case the court sets its own share.

Where there are several enforcement proceedings, the shares are added together and the total amount of deductions may exceed half of the payer's income. The law does not permit this: deductions under all maintenance obligations combined may not exceed half of earnings and other income. Accordingly, when a new court decision appears, previously established shares need to be reviewed.

• the shares are determined by the court separately for each child
• the total amount of deductions is limited to half of the payer's income
• where the limit is exceeded, the shares must be reviewed through the court
• for the review, birth certificates for all the children and court acts are submitted
• the enforcement documents in all the cases are sent to the court enforcement officer
• deductions are made taking into account all decisions in force

The procedure for calculating and recalculating maintenance on the birth of a second child

On the birth of a second child, the amount of maintenance for the first is not reduced automatically. If maintenance has already been recovered by the court as shares of income, the payer may bring a claim to vary the amount, and the court determines the shares taking into account all the children whom he is obliged to support. Recalculation is also permitted where the second child was born in another marriage: the law does not tie the obligation of support to the family in which the child is raised.

The procedure for calculating maintenance as shares where there are several children is determined by the Code on Marriage (Matrimony) and Family: one quarter for one child, one third for two, and one half of the earnings and other income of the parent for three or more. If the court has already recovered maintenance for the first child at one quarter, after the birth of the second the question arises of reviewing the shares so that each child receives an equal part.

• Establish in what manner maintenance for the first child was recovered — by the court or by agreement.
• Obtain birth certificates for both children and documents on the payer's income.
• Prepare a claim to vary the amount of maintenance and file it in accordance with the rules of jurisdiction.
• Bring in the second recipient of maintenance as a participant if the child was born in another marriage.
• Wait for the court decision to enter into legal force and send the enforcement order.
• After the recalculation, the accounting department deducts maintenance in the new shares of income.