Publication date: 31.05.2024
lawyer, 23 years of experience in enforcement.
Rules for calculating penalties for unpaid alimony.
A scenario often develops when one of the parents does not fully fulfill his alimony obligations, pays irregularly and at his discretion. Although it is relatively easy to determine the outstanding debt, calculating the appropriate late payment penalty in such circumstances becomes much more difficult. To shed light on this issue, a valuable clarification is contained in the decision of the Supreme Court dated March 8, 2023 in case No. 461/7406/18.
In accordance with this decision, the following guidelines are defined:
- Penalty for late payment of alimony is calculated based on the total amount of unpaid alimony for the corresponding month, with a penalty for each day of delay in payment. It is important to note that this penalty is not limited to the month in which the collection was not made.
To determine the amount of the penalty for the monthly payment, the arrears for the payment of alimony for a certain month (monthly payment) are multiplied by the number of days of delay. These days are counted from the first day of the month following the month in which alimony should have been paid, but remained unpaid, until the day of actual payment (not including the day of execution). Then the received figure is multiplied by one percent. ( alimony lawyer kiev )
The calculation formula is as follows: multiply the arrears for the month by the number of days overdue, and then by 1%. This rule provides for the accrual of interest on each late monthly payment. To determine the total amount of the penalty, add up the separate amounts of the penalty calculated for each monthly payment.
In the case of partial repayment of alimony arrears in the following month, interest for the specified arrears is determined taking into account the unpaid part of alimony for a specific month, starting from the date of payment of part of the monthly payment and until the day preceding the next one. repayment of the debt for this monthly payment. This amount is then multiplied by 1% to calculate the fine. ( cost of alimony lawyer services )
The rule on charging a penalty for late payment of alimony, which is 1% of the amount of unpaid alimony for each day of delay, requires that both the amount of unpaid alimony and the number of days of delay be taken into account when calculating the total amount of the penalty. Since alimony is accrued monthly, the length of time to fulfill this obligation varies, resulting in a different number of days in arrears depending on the length of the month. Therefore, the penalty for late payment of child support must be applied to the entire unpaid amount for each day of delay, not limited to the specific month in which it was not collected. Thus, the calculation of the penalty for overdue alimony covers the entire amount of arrears and is not limited to the month in which the payment was not received. ( legal alimony advice )
At the same time, verification of the correctness of the calculation is entrusted to the court. If any inaccuracies are found, the court must make its own calculation and include it in the final decision. It is worth noting that this resolution shows how to calculate a penalty for incomplete payment of alimony. We highly recommend getting acquainted with it!
In summary, it is clear that the issue of alimony collection is complex and can cause numerous complications both in court and during the enforcement of monthly payments. However, we are optimistic that our paper will help to deal with these challenges, and ideally avoid them altogether. ( alimony lawyer consultation kiev )
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