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How to get alimony in a fixed amount of money. Alimony in a fixed amount. Regulatory justification for recovery

One of two options determining the amount of child support payments are alimony in a fixed amount of money. The form of payment of alimony in a fixed amount is calculated as a multiple of the value living wage per child (on average in Russia at the beginning of 2015 according to the results of the 2nd quarter of 2014 - 7920 rubles) and requires the adoption of an appropriate court decision. Therefore, the procedure for assigning child support payments in this way is clearly regulated by the norms of the Family Code. Russian Federation.

In cases where the local authorities have not set a living wage for a child, maintenance payments are calculated based on the values ​​of the all-Russian living wage, which is established by the Government of the Russian Federation.

To issue alimony payments in a fixed amount of money, you must apply with a statement of claim for the recovery of alimony directly to the Magistrate's Court. Alimony payments in a fixed amount can be assigned for the maintenance of the second parent who takes care of common children until they reach the age of 3 years, for the maintenance of a disabled child, minor child subject to a number of certain conditions.

Basic conditions for calculating alimony in a fixed amount of money

In order for a judge to appoint alimony payments in a fixed amount of money, a number of statutory conditions must be met. Thus, under Article 83 of the Family Code of the Russian Federation, fixed alimony payments can be established for a minor child only if there is no special agreement between the child's parents on the payment of alimony, and the parent of the child to whom the alimony payment is levied meets one of the following criteria:

  • Has a variable, inconsistent income.
  • Receives income from foreign currency or in kind (in whole or in part).
  • According to official figures, he does not receive income.
  • Determining maintenance payments in shares of the child's parent's earnings can significantly violate the interests of the other parent or the child himself.

Each of the above conditions is a sufficient basis for the court to determine maintenance payments for a minor child in a fixed amount. In other cases, maintenance payments are established in shares of the earnings of the father or mother of a minor child.

In order to obtain the collection of maintenance payments for an adult child in a fixed amount of money, a number of the following conditions must be met:

  • The child has reached the age of 18.
  • The child is recognized as disabled and his need for care is medically confirmed.
  • An adult child is not officially employed.

All these conditions in the trial must be documented.

It must be taken into account that, from the point of view of family alimony legislation, under the terms of termination of obligations to pay alimony, children under the age of 18 are also equated to adult children if they acquire legal capacity in in full under paragraph 2 of Article 120 of the Family Code of the Russian Federation. At the legislative level, the obligation of parents to pay maintenance amounts to their adult child is established only in relation to disabled children (according to Article 85 of the Family Code of the Russian Federation).

Disabled children of groups 1 and 2 can be recognized as completely disabled by the court, and disabled children of group 3 are considered persons with a reduced level of ability to work, therefore, group 3 disability is not an indication for the mandatory assignment of maintenance payments, although adult disabled children of group 3 can file a claim for payment them alimony.

To assign fixed alimony to the second parent, a number of the following conditions must be met:

  • The former spouse or current spouse is recognized as in need of financial support, takes care of a common disabled child under the age of 18 or a child with a disability from childhood of group 1.
  • The former or current wife is raising a common child under the age of 3 or is pregnant.

The amount of alimony in a fixed amount of money

During the consideration of the case on the recovery of maintenance payments, the court must preserve the level of provision for the child as much as possible, for which the judge takes into account the family and financial situation of the child's parents. After studying the case materials and listening to the positions of both parties to the dispute, the court must determine the amount of maintenance payments that will be made by one of the parents on a monthly basis.

In practice, when determining the specific amount of alimony payments, documents that confirm the income of the parent of the child, to whom the claim for alimony is addressed, are of great importance.

When applying to the court, the plaintiff must provide not only a calculation of the amount of alimony payments, but also legally justify the need to assign a specific amount. It is in the interests of the plaintiff to provide the court with as much information as possible regarding the sources of the defendant's income.

Parents who do not want to pay child support often submit certificates to the court with minimum wages or zero reports about sources of income individual entrepreneurs. In such cases, the judge is forced to set the minimum amount of maintenance payments, unless the plaintiff proves documentarily that the defendant has sources of income that he hides from the court.

For the court, all types of the defendant's income are important, not only official, but also unofficial, however, in order to take into account unofficial sources of income when making a decision, strong evidence of their existence, preferably documentary, is required. Also, when assigning a specific amount of maintenance payments, the judge takes into account the marital status of the child's parents, since if the ex-spouse has a new family and other children, then the ex-wife should not count on maintenance payments that actually exceed the amounts legally established by Article 81 of the Family Code of the Russian Federation.

The main advantage of alimony payments in a fixed amount of money is the possibility of recovering from the second parent of the child the amount of alimony in excess of the percentage of income legally established by the rules of the Family Code of the Russian Federation. However, when filing such a statement of claim with the court, the plaintiff must make sure in advance that he can reasonably prove the real size of the defendant's income.

The main disadvantage of alimony payments in a fixed amount of money is the complexity of the legal process, during which a fixed amount of alimony payments in a fixed amount is established. claim court proceedings goes through a series of mandatory stages that delay the process of assigning alimony, and court order in such cases is not published.

The package of documents required for processing child support payments in solid monetary terms includes the following documents:

  • Copy of the child's birth certificate.
  • Copy of the passport.
  • A copy of the marriage or divorce certificate.
  • Certificate from the place of residence of the defendant on the composition of his family.
  • Justification of maintenance costs.
  • Calculation of the amount of alimony payments.

The above documents are attached to the statement of claim, which is submitted by the plaintiff directly to the Magistrate's Court.

The plaintiff independently determines whether the case will be considered in court at the place of residence of the defendant or the plaintiff, which must be indicated in the statement of claim.

It is also desirable to indicate in the statement of claim all documented sources of income of the defendant, as well as attach all written evidence of the existence of unofficial sources of income of the parent of the child.

After considering the statement of claim and studying all the materials of the case, the judge issues a decision, which specifically determines the amount of maintenance payments to be recovered from the defendant. On the basis of the adopted resolution, performance list, sent to the service of bailiffs, who organize the process of collecting maintenance payments.

Number of child support cases handled domestic courts in 2014, exceeded 300 thousand. The Supreme Court of the Russian Federation analyzed this judicial practice and summarized it in its review (approved by the Presidium of the Supreme Court of the Russian Federation on May 13, 2015; hereinafter - Review). On International Children's Day, the GARANT.RU portal reviewed the most controversial situations arising in practice in the recovery of child support, and the procedure for their resolution.

The procedure for collecting alimony

The legislation allows filing an application with the court for the recovery of alimony both in the order of writ and in the order of action proceedings at the choice of the applicant. In the first case, the result of the consideration of the case will be a court order - court order issued by a single judge on the basis of an application for the recovery of sums of money or for the recovery of movable property from the debtor (). In the second case, the judge makes a decision ().

Writ proceedings differ from claims in that there is no dispute in it, which means that the parties are not called either. The terms for issuing a court order are six times less than the time for consideration (5 days versus a month), and the state duty for filing an application for issuing a court order is two times less (). The "minus" of writ proceedings for the applicant is that it is carried out only in very limited categories of cases.

So, the judge has the right to issue a court order on the demand for the recovery of alimony for minor children, provided that this requirement is not related to the establishment or contestation of paternity (maternity) or the need to involve other interested persons ().

It is also impossible to collect alimony in a fixed amount of money in the form of a court order. Recall, by general rule alimony is collected in proportion to the salary or other income of the payer, but in some cases they can be set in a fixed amount (). The Supreme Court of the Russian Federation emphasizes: since the solution to this issue involves checking the presence or absence of circumstances with which the law associates the possibility of such a recovery (irregular earnings, receiving wages in kind, etc.), these applications are filed in the order of action proceedings (, resolution of the Presidium of the Chelyabinsk regional court in case No. 44Г-2331/2006).

USEFUL TOOLS

Acquainted with judicial practice on the issue under consideration, you can in the GARANT system. To do this, in (F2) enter a search query, for example, "collection of alimony", click on the link "Court practice" and build a list.

When summarizing judicial practice, the Supreme Court of the Russian Federation noted that judges should not accept an application for a court order if there is information about the payment of alimony by the debtor for another child. In this case, the court order cannot be issued, and the case is subject to consideration in the order of action proceedings. This is due to the need to involve in the case a person in whose favor the debtor is already paying alimony, since a new court decision may affect his interests (decision of the Presidium of the Ivanovo Regional Court dated December 6, 2013 in case No. 44g-15 / 2013; decision of the Presidium Chelyabinsk Regional Court in case No. 44G-1724/2006).

In a number of cases, justices of the peace refused to accept an application for issuing a court order for the recovery of alimony, since the applicant independently changed the amount of the penalty in comparison with the established Family Code of the Russian Federation (). The Supreme Court of the Russian Federation agreed that an application for the recovery of alimony in an amount other than the legally established amount is subject to consideration in the order of action proceedings (decision of the Presidium of the Saratov Regional Court dated December 23, 2013 in case No. 4G-2035 / 2013, decision of the Presidium of the Ryazan Regional court dated April 17, 2012 in case No. 44-g-6/12).

The judge must refuse to accept the statement of claim if there is a valid court decision on a dispute between the same parties, on the same subject and on the same grounds (). The Supreme Court of the Russian Federation reminds that the application of this rule should not be formal. Since legal relations for the upbringing of children, like other family legal relations, are ongoing, the use of the rule on the identity of claims and the refusal to accept the application in connection with this is not permissible in all cases. So, if the financial or marital status of one of the parties changes (the need for expensive treatment, the loss of a job, the appearance of another child), the court has the right to change the previously established amount of alimony (,).

As a general rule, all claims are brought to the court at the place of residence of the defendant (). However, claims for the recovery of alimony can be brought by the plaintiff (at his choice) also to the court at his place of residence (). In the opinion of the Supreme Court of the Russian Federation, this provision is also applicable to cases where plaintiffs make demands for a change in the amount of alimony or for the recovery of a penalty in connection with late payment alimony. Thus, the alimony collector can choose jurisdiction at his own discretion, and the debtor has the right to file a lawsuit in court only at the place of residence of the collector ().

Amount of alimony

In the absence of an agreement on the payment of alimony, they are collected by the court in the amount of 1/4 of the earnings and (or) other income of the parent for one child, 1/3 for two children, 1/2 for three or more children (). The Supreme Court of the Russian Federation emphasized that it was determined by law or increased by the court only taking into account the financial or marital status of the parties and other noteworthy circumstances. At the same time, these circumstances are subject to proof (decision of the magistrate of the court district No. 4 of the city of Syzran of October 12, 2007).

Sometimes there are cases in which the recovery of alimony in proportion to the parent's earnings is impossible, difficult or significantly violates the interests of one of the parties. Then the court has the right to determine the amount of alimony in a fixed amount of money or simultaneously in shares and in a fixed amount of money (). This happens when the alimony payer has no income, with periodic earnings, or when he receives a salary in kind or in foreign currency (). Another reason, according to the Supreme Court of the Russian Federation, is if, after the decision to collect alimony in proportion to earnings, the defendant changed his place of work and hides his real income.

Most often, alimony in a fixed amount of money is collected from entrepreneurs, since their income is unstable, and it is difficult to establish its exact amount. The Review states that when determining the amount of alimony for minor children in a fixed amount of money or simultaneously in shares and a fixed amount of money, the court should try to preserve the child's previous level of support as much as possible. In this case, the level of provision that existed before the parents' divorce is usually taken as a basis. So, the courts should examine, for example, whether the child attended preschool or other institutions of additional development, sections and circles. If such classes require additional payment, alimony must be collected from the parent in such an amount that the child can maintain the previous standard of living and continue education (decision of the Presidium of the Chelyabinsk Regional Court in case No. 44G-0066 / 2007).

The Supreme Court of the Russian Federation also emphasized: even if the defendant has Full time job, this fact cannot be an obstacle to the establishment of alimony in a fixed amount. For example, the establishment of the exact amount of maintenance payments by the court is possible if the information provided by the parent about his monthly income does not correspond to his actual expenses. This happens, for example, when the defendant punctually fulfills obligations under loan agreement, much larger than its wages.

The amount of alimony can be indexed due to the increase in the living wage (). However, this applies only to cases of collecting alimony in a fixed amount of money, and not in a share of earnings.

And if the court establishes the fact of improper spending of alimony, it may decide to transfer part of the money to the bank account of the minor (Review of the judicial practice of the RF Armed Forces for the first quarter of 2012, approved by the Presidium of the RF Armed Forces on June 20, 2012). In this case, the debtor can transfer to the bank no more than 50% of the amount of alimony. Family law does not fix the procedure for spending money from such an account, so it depends on the type of contribution and the relationship between the child's parents. For example, if the alimony payer does not want the other parent to have access to this money, he can open a deposit for the child, but take the deposit book for himself. Since the issuance of a deposit, the payment of interest on it and the transfer of money from the deposit account to other persons are carried out by the bank only upon presentation savings book, the second parent will not be able to perform these operations ().

Period for collecting alimony

Alimony is awarded from the moment you go to court (), but there are exceptions. If the applicant has previously taken measures to obtain funds for the maintenance of the child, but they have not yielded results, the court may collect alimony for the previous three years (). Thus, the claim for the recovery of alimony for the past period cannot be considered in the order of writ proceedings, since it requires calling the parties and proving the facts of taking measures to obtain alimony.

Note that often courts and magistrates refuse to collect alimony for the period before going to court. They make such a decision when the applicant cannot prove the unwillingness of the second parent to provide financial assistance for the maintenance of the child. At the same time, as such evidence, the courts usually take into account the sending of registered and electronic letters demanding the payment of alimony, the plaintiff's application for a court order (if the court order was subsequently canceled due to objections received from the debtor regarding its execution), recognition of the claim by the defendant , appeal to law enforcement agencies with a statement on the search for the debtor and other circumstances. The RF Armed Forces recognized this approach as legitimate.

Another reason for refusing to award alimony for past period- the request of the mother not only for the recovery of alimony, but also for the establishment of paternity in relation to her minor child. This is due to the fact that before the claim for establishing paternity was satisfied, the defendant was not recognized as the father of the child in the prescribed manner, and therefore did not have the obligation to pay alimony ().

In most cases, alimony is collected in shares of the payer's income, when the person liable to alimony has a stable income (income), and it is not difficult to deduct interest from him for alimony. If the collection of payments in shares for any reason is difficult, alimony may be assigned in hard cash(TDS).

When can alimony be collected in a fixed amount of money?

The conditions for collecting alimony in the TDS for minor children are listed in Art. 83 RF IC:

  1. If the abstaining parent is unemployed and has no other recurring income to collect.
  2. If the income of the future payer is unstable and changeable, and it is difficult (impossible) to recover from it.
  3. When the payer receives wages in foreign currency or in kind (in products).
  4. When the deduction as a share of income is significantly contrary to the interests of one of the parties, it can be both the claimant and the payer.

In addition, alimony always appointed by the court in a fixed amount for the content:

  • disabled adult children - details can be found in the article "";
  • (spouse), including the former;
  • who need support;
  • (grandparents, brothers, sisters, etc.).

The amount of alimony in TDS

Amount of fixed payments multiple of the subsistence minimum(PM) per child in the region of residence. If it is not set in the subject, then the PM for Russia is taken. How much of the PM will need to be paid as alimony depends on such factors:

  1. The degree of need of a minor: additional education, the presence of a disease, the treatment of which requires significant costs, and so on.
  2. Family and financial position parents of the child: both the future payer and the recipient of funds: health status, the presence of other dependents, income level, and so on.

Most often, the value of PM is divided equally between parents, since they should equally participate in the material support of a common child. However, if necessary and if there are grounds, it is determined in other proportions from the PM.

Arbitrage practice

As a rule, when deciding on the amount of payments, the courts take into account the financial situation of the child until the family breaks up (beginning of separation of the parents). The main principle that judges are guided by is maintaining the previous level of security child. This takes into account whether the child attends additional circles and sections for which you need to pay.

This takes into account the financial situation of the future payer: whether he has regular earnings or other income, what movable and real estate does he own, does he have bank deposits or loans.

Sometimes plaintiffs insist on paying a fixed amount of payments even if the future payer has a stable source of income. In such a situation, it takes into account defendant's salary: if the payment in shares does not violate the interests of the child and allows you to satisfy his basic needs, then the courts refuse the claim and appoint alimony as a percentage of income.

If the court considers that the official income of the defendant is underestimated, and the share of such income does not allow to fully provide for the child, then a fixed amount may be assigned:

Example. Svetlana R. filed a lawsuit to recover child support from ex-husband Alexey R. in TDS in the amount of 7,000 rubles. Aleksey has a permanent job, but according to the income statement, his earnings are 12,130 rubles per month, which corresponds to minimum size wages in 2020. Consequently, the amount of alimony in shares will be only 3032.5 rubles. However, Svetlana knows that her ex-husband has new car, and recently he bought an apartment in a building under construction in one of the elite districts of the city. These arguments were supported by the testimony of witnesses. Considering these circumstances, the court satisfied the plaintiff's demands and appointed a fixed amount of alimony equal to 7,000 rubles per month.

If the defendant has a large salary, then the court can also collect funds for the maintenance of the child in a fixed amount:

Example. The salary of Igor D. is 120,000 rubles. monthly. Igor is married twice, in his last marriage he has three children. Former spouse Igorya filed for alimony in favor of their joint child as a share of her father's income - 120,000 / 4 = 30,000 rubles. Igor at the hearing did not agree with the plaintiff's claims, stated counterclaims about the readiness to pay alimony in a fixed sum of money in the amount of 12,000 rubles. monthly: he considers this amount sufficient for his son, covering the entire subsistence level for the child and satisfying his basic needs. At the same time, Igor considers the payment of alimony as a percentage of 1/4 of earnings (that is, 30,000 rubles per month) to be an overstated requirement, since alimony should be paid not for unjust enrichment, but only to meet the primary needs of the child. The defendant also substantiated his arguments by the fact that in his second marriage he has three dependent children and a non-working housewife. Taking into account the balance of interests of the parties, the subsistence minimum per child in the region where the case is being considered and the age of the needy child, the court satisfied the plaintiff's claims and the defendant's counterclaims, appointing alimony in a fixed amount of 12,000 rubles.

How to apply for alimony in a fixed amount of money?

Funds for the maintenance of a child in a fixed amount can be assigned for payment in two ways:

  • on a voluntary basis - by concluding a maintenance agreement with a notary public;
  • in a compulsory legal action - by applying to magistrate's Court With .

Going to court is inevitable if the other parent refuses the material maintenance of the child or does not agree to the conclusion of a notarial maintenance agreement. At the same time, it does not matter whether the parent has an income, is unemployed or has a disability group - the funds for the maintenance of the child will be assigned by the court, and their size will depend, among other things, on the income level of the future payer.

The first way for parents is paid, since the agreement document must be certified by a notary. The approximate cost of the service is 5000 - 6000 rubles (father or mother can pay for it, or in half - as agreed by the parties). The second method (filing a lawsuit in court) is free for the applicant (since it is not subject to state duty), the defendant, if the claim is satisfied, will need to pay 150 rubles - clause 14, part 1, art. 333.19 of the Tax Code of the Russian Federation.

Drawing up an agreement on the payment of alimony

Conditions for concluding a voluntary notarial agreement:

  • There must be full agreement between father and mother in all aspects maintenance payments:

    • by the size of the fixed amount;
    • the timing of its payment;
    • the method of crediting (transferring) funds;
    • the order of indexation of payments;
    • the responsibility of the parties.
  • must be no less than it would be in the case of going to court - Part 2 of Art. 103 RF IC.

The procedure for concluding an agreement:

  • the mother and father of the child visit the notary together;

  • The following documents are required to complete the procedure:

    • parties' passports;
    • birth certificate of a child (if a child is born out of wedlock - a document confirming paternity);
    • certificate of salary of the future payer.

If the child has reached the age of 14, it must be personal presence at the notary. If one of the parents does not have the opportunity to be present at the specialist, his authority may be represented by another person by notarized power of attorney.

The notarial agreement is issued on a special form on the day of its conclusion, endowed with legal force writ of execution(part 2 of article 100 of the RF IC), and as a result of non-fulfillment of its conditions, the original can be transferred to the debtor's workplace or to the bailiff service for enforcement.

Statement of claim for the recovery of alimony in a fixed amount of money

It is impossible to collect alimony in a fixed amount with the help, since a meeting is necessary to accurately determine the amount payable. That is why it is necessary to go to court in this case with a statement of claim.

Claim for alimony in TDS filed in the world court at the place of residence of either the plaintiff or the defendant (as convenient for the applicant) and contains:

  1. The introductory part (or "header" of the claim), which indicates:
    • the name of the court and the address of its location;
    • claimant, his full name, address, contact phone number;
    • the defendant and the same data about him.
  2. Name: " Statement of claim for the appointment of alimony in a fixed amount of money in accordance with Art. 83 RF IC".
  3. The main part, which reflects:
    • brief information about the situation (information about the family, divorce, separation);
    • the absence from the legal parent of material participation in the life of the child;
    • a description of the child's need for alimony in a fixed amount, indicating the choice of such a method of collecting funds, that is, one of the grounds for Art. 83 RF IC;
    • substantiation of the required amount of TDS, that is, providing the court with information on the monthly expenses for the child with checks, receipts, and other evidence attached.
  4. The requirements of the claim are the recovery from the defendant of alimony in the TDS (indicate the amount) on the basis of Art. 80,, RF IC.
  5. List of attached documents (submitted according to the number of persons participating in the case. In this case, in duplicate - for the court and the defendant):
    • a copy of the claimant's passport;
    • a copy of the child's birth certificate;
    • information about the composition of the family;
    • certificate from the plaintiff's place of work (if any);
    • certificate of employment of the child (in the presence of employment - school, kindergarten);
    • documents confirming additional expenses for a child (certificates of attendance at institutions of additional education, checks, receipts, contracts, etc.);
    • other documents (which, in the opinion of the plaintiff, are important for the case).

The applicant can independently take the application with the attached documents to the court office or send it by mail by registered mail with notice. The parties shall be notified of the appointment of a court session by a court summons or an SMS message.

The order of deduction under the writ of execution

The outcome of the trial is the court's decision on the recovery of alimony in a fixed amount and additional document – .

In the writ of execution, exactly with the decision of the court, the following is written:

  • FULL NAME. future payer;
  • the amount of alimony to be paid;
  • the term of payment of funds - until the age of majority of the child.

After the court decision comes into force, the plaintiff can take the writ of execution from the judicial assistant and present it to the territorial administration of the bailiff service to initiate alimony enforcement proceedings (IP).

After the initiation of the IP, the bailiff begins to work with the payer: he notifies the parent of the presence monetary obligation and supervise its implementation.

If the payer is not employed or is engaged in entrepreneurial activity and it is impossible to send a writ of execution to the workplace of the alimony (since it is absent), then the bailiff and the exactor himself are obliged to control the transfer of funds. If there are delays in payments, the recipient is obliged to notify bailiff to track maintenance debt and apply the full range of possible measures to the debtor to motivate its repayment.

Indexation of alimony in a fixed amount

The concept of "indexation" means a kind of protection of a fixed amount of alimony from growth consumer prices for goods and services. Since alimony is a long-term payment and prices are constantly rising, a fixed fixed amount would periodically lag behind price increases and eventually become negligible.

Art. 117 of the RF IC provides for the indexation of alimony collected in the TDS, in proportion to the growth of the subsistence minimum (PM) per child in the region of his residence, and if one is not established for the region, in proportion to the increase in the value of the PM in the whole of the Russian Federation.

It must be taken into account that with a decrease in the PM, the amount of alimony remains unchanged(clause 5.2 " methodological recommendations in order of fulfillment of requirements executive documents on the recovery of alimony dated 06/19/2012 No. 01-16, hereinafter "Methodological recommendations ...").

Indexation for alimony collected as a share of the payer's income is not provided because wages in accordance with Art. 134 Labor Code The Russian Federation should be indexed by the employer, and the amount of payments, therefore, will increase with its increase.

Formula for indexation of alimony in a fixed amount of money

The calculation of the indexation of alimony is quite simple, its procedure is presented in clause 5.2 of the "Methodological recommendations ...":

(Locked Amount of Support / Current MA) × Amended MA = Support After Indexing

Example. Alimony was collected from Ivan M. in the TDS in the amount of 5,000 rubles. The subsistence minimum when assigning funds to a child was 9,500 rubles in the region. After some time, the PM per child increased to 10,000 rubles, therefore, the indexation of alimony from Ivan should be calculated as follows:

(5000 / 9500) × 10000 = 5263 rubles,

  • 5000 - TDS established by the court;
  • 9500 - former PM per child;
  • 10000 - new established PM for a child;
  • 5263 - the amount of alimony in the TDS after indexation.

The payer must transfer the indexed amount of funds before a new increase in the PM. (from a fixed amount to shares);

  • the size of the amount (both up and down).

    • All changes in alimony legal relations can only be settled in judicial order if the alimony is collected through the court. If payments are assigned by agreement, changes can be made to it only by agreement of both parties, and if this is not possible, in a lawsuit.

    The grounds for changing the amount of alimony in the TDS are:

    1. For the recipient - the inconsistency of the established amount with the provision of the primary needs of the child (due to various reasons for this - growing up, the emergence of new needs in education, development, treatment, etc.);
    2. For the payer - strictly good reasons:
      • a serious illness of a person or his close relatives (wife, children, parents) associated with large material investments, disability, dependency;
      • the presence of new needy persons (dependants) - the appearance of children, the incapacity of parents or a new spouse.

    Application for a change in the amount of alimony in the TDS:

    • filed by the claimant with the magistrate's court under the rule of alternative jurisdiction (i.e., at the place of residence of the plaintiff or defendant). If the plaintiff is the payer, then he can file a claim only at the place of residence of the recipient of alimony;
    • the attached documents must contain a justification for changing the amount of payments - a certificate of disability, a court decision on the appointment of new maintenance payments, and so on;
    • has a peculiarity in terms of payment of the state fee.

    If the alimony collector changes the amount of funds in favor of a minor child, he does not pay the state fee (clauses 2 and 15, part 1, article 333.36 of the Tax Code of the Russian Federation). If the payer of funds claims to change the fixed amount, they are paid National tax in the general order in the amount of 300 rubles.

    Sample request for reduction of child support:

    Sample letter of claim for increase in alimony.

    According to statistics provided by the RIA Novosti agency, out of 150 single parents, 149 are mothers and only 1 is a father. Dads often do not know what to do with new responsibilities, so they often do not pay child support for financial, moral or other reasons (this also applies to mothers). Sometimes it comes to recovery in court. Interest payments depend on monthly income, and sometimes it may be different or absent altogether. Products are constantly rising in price, prices are rising, and your child needs to live on something. But many fathers are simply not willing to pay more. To avoid problems with debts in the future, you can pay alimony in a fixed amount of money, which will not increase within one year. This, you see, is convenient.

    How to determine the procedure for paying alimony under the Family Code of the Russian Federation

    The family legislation of the Russian Federation obliges some family members to support others due to disability or for other reasons. These can be children, elderly parents, spouse. However, the most common is child support, which can be paid in two forms:

    • as a percentage of income;
    • in a fixed amount.

    Most often, as we have already figured out, the child remains with the mother. Most fathers don't know what to do with their new responsibilities. For starters, here are the most universal cases considered in the legislation. You will be required to pay child support even if:

    • you do not have an official place of work;
    • you work part-time;
    • your salary is below the minimum wage. In this case, the smallest amount that you have to pay is 25% of the minimum wage in the region;
    • you are a disabled person of group I or II (if III, then according to the law you are able-bodied), alimony will be deducted from disability benefits and pensions;
    • you are in prison or in another place of deprivation of liberty - this means that you can work and pay the required amounts.

    In all of the above situations, the financial situation of a person cannot be quite stable and interest deductions greatly interfere with a normal life. There is a way out, they are alimony in a fixed amount of money.

    Video: how to get alimony if the father does not work officially

    What is alimony in a fixed amount of money

    Payments in a fixed amount of money do not depend on wages and other incomes of the payer. Let's say you've been given a standard 25% interest rate alimony. Then 25% will be deducted from each salary for the needs of the child. If the salary is increased or decreased, the amount will change. Alimony in a fixed amount of money will remain the same.

    The amount of maintenance payments and the cost of living

    Inflation has a strong effect on the ruble exchange rate, prices are constantly rising, and your child simply cannot live on alimony. To do this, each region (due to local characteristics) sets its own subsistence minimum for one minor. For example, in the Crimea, the average value is 9484, and in Sevastopol - 9084 rubles. Fixed alimony must not be less than this indicator. If the income of the payer allows, a larger amount may be paid.

    The subsistence minimum is usually set for a year, taking into account the annual forecast for ruble inflation. Then it is reviewed and, if necessary, indexed. In the first quarter of 2017 in the Russian Federation, one minor should have accounted for an average of 9770 rubles. For comparison, at the beginning of 2016 average value in Russia was 9396 rubles.

    When paying fixed alimony for a child, at least the subsistence minimum is allocated monthly

    What is the benefit of a fixed amount

    Benefit, for example, if you have an unstable income or you are an entrepreneur. Let's consider such a situation. The initial capital for the business was, say, a million rubles. Of these, a certain amount of alimony was calmly paid in percentage terms. For example, the same 25%. Then your business began to develop rapidly, and now you already have a million rubles in profit, the project paid off. We get that in total you have two million. Then the same 25% of the new capital - it will be:

    25/100 * 1,000,000 = 250,000 (rubles)

    For alimony, this, you see, is a bit much. If you assign alimony in a fixed amount of money, then you will pay exactly the same amount as you paid before opening a business, that is, much less than 250,000 rubles.

    What are the disadvantages of paying fixed amounts

    There are only a few disadvantages:

    • indexation is regularly carried out according to the law (the effect of inflation on the amount paid, or rather on the subsistence minimum for one minor);
    • it is quite difficult to challenge the decision of the court regarding financial situation spouses. The nuance is that the court will want to preserve the standard of living of the child after the divorce. This means that if before the breakup of the family he studied at a prestigious school, went to several separately paid sections, and now your former soulmate cannot afford this, then the demand will be from you. The court will assess your financial situation and decide whether you are also able to pay for the past standard of living of the child;
    • alimony in a fixed amount of money is also provided for material support and maintenance of the second parent who is raising a baby up to three years;
    • the amount of alimony in a fixed amount of money depends on how many children are left in the care of the second parent after the dissolution of the marriage.

    When collecting alimony, the court in any case will defend the interests of the child, and not the payer

    If the children stay with both parents separately, then the more affluent pays in favor of the less affluent (depending on the specific case).

    Table: comparison of interest calculation and fixed amounts for child benefits

    Number of children for whom child support is paid Alimony in hard cash Interest deductions (as a share of salary/income)
    One childAt least one living wage1/4 (25%)
    Two childrenAt least two living wages1/3 (33%)
    Three children or moreAt least three living wagesNo more than 1/2 of income (50%), since 50% is the maximum possible amount of alimony

    In what cases can alimony be established in a fixed amount of money, grounds for appointment

    A person has the right to pay alimony in a fixed amount if:

    • there are no agreements with the second parent on the payment of alimony for minors or for children incapacitated after the age of majority;
    • the amount of earnings often changes;
    • income is received partially or entirely in kind or in foreign currency;
    • there is no earnings or income as such;
    • paying child support as a percentage of earnings / income is very contrary to the aspirations and desires of one of the parents (remember the situation with a businessman). Keep in mind that no one can oblige you to pay more than 50% of your monthly income.

    The most reliable way to get alimony from an unemployed person is to collect them in a fixed amount of money

    How to calculate the amount of alimony: a real life example

    The amount of alimony is calculated on the basis of the subsistence level, taking into account the lifestyle and needs of the child, as well as financial opportunities payer.

    Suppose a citizen of the Russian Federation K. divorced a citizen R. From this marriage there are two children left, who are brought up by R. Citizen K. earns 65,000 rubles a month. The children go to a school where R. cannot currently afford to attend, as it costs 5,000 per child per month. We get:

    5,000 * 2 (school) + 9,668 * 2 (living wage) = 10,000 + 19,336 = 29,336 (rubles) - this is the approximate amount of alimony that citizen K will pay. +/- several thousand to support R.

    How to issue alimony in a fixed amount of money

    According to the law, immediately after a divorce, you can make alimony fixed, change percentage payments to a fixed amount, and reduce the amount of payments. And if necessary, cancel this method. But first you need to make sure of two things:

    • that there is no dispute over children;
    • that the case does not expect the appearance of interested persons who are also in the upbringing of you or the other parent.

    After that, two options are possible: amicable agreement and litigation.

    settlement agreement

    If you managed to convince the other parent that the decision is correct, you change the maintenance contract together (or write again). However, after making amendments to the contract, it must be notarized.

    Explanation of the reasons for concluding an agreement on the payment of alimony

    How to file a claim and collect alimony in court

    If you didn’t manage to solve everything “by the way of the world”, you can sue alimony. Need to write statement of claim and collect the necessary documents. After that, it is worth preparing mentally and physically for a long wait and the same trial. The subject of proof when collecting alimony in a fixed amount of money is the lack of income from the plaintiff or their unstable, irregular nature. The court will take into account other factors that make interest payments impossible or unacceptable.

    List of documents for filing a claim for the appointment of alimony in a fixed amount of money:

    • statement of claim (number of copies - according to the number of parties);
    • passport;
    • receipt of payment of the state duty for filing a claim;
    • a copy of the court decision or court order on the recovery of alimony (indicating the initial amount of the monthly payment);
    • a copy of the alimentary agreement concluded by the parties (indicating the initial amount of the monthly payment);
    • certificate of registration or divorce;
    • birth certificates of minor children;
    • information about the composition of the family.

    The statement of claim may contain a requirement to recover a fixed minimum and part of earnings

    When applying to the judicial authorities, it is customary to pay all state fees to the plaintiff. The case of filing a claim for the payment of alimony is an exception. In such a situation, you will not have to pay when applying to the court. However, this does not mean that the trial will take place without payment. All costs are borne by the defendant provided that the claim is satisfied. If the establishment of alimony is refused, then the plaintiff will have to pay a fee for an unfounded claim.

    If you want to convert interest payments to fixed payments, you will need the following documents:

    • passport;
    • metric per child;
    • marriage or divorce certificate;
    • the defendant's income statement;
    • information about the composition of the family;
    • calculation of the costs necessary to ensure the former standard of living of a minor.

    Please note that this list of documents is not exhaustive. In specific cases, other certificates / receipts / letters / invoices may be attached to it.

    Child support reduction

    The basis for a claim to reduce the amount of alimony may be a drop in income associated with an objective reason. For example, disability of 1 or 2 groups, the appearance of other dependents. Or the child begins to receive his own income.

    Sample letter of claim for reduction of alimony

    If you need to reduce the amount of maintenance payments, then it will also be important to obtain documents confirming the importance of the reasons for changing the maintenance agreement. For example:

    • the conclusion of MSEK / MSEK - Medical and Social Expert Commission - on disability (1 or 2 groups) of the alimony payer;
    • documents confirming employment or entrepreneurial activity a child who has reached the age of 16 or receives income from other sources;
    • documentary evidence that the alimony payer has other dependents (minor children or disabled parents) who also need material support;
    • documentary evidence (court order, court decision, agreement) of the recovery of alimony for other children, if total amount payments exceed statutory limit.

    Video: judicial practice for the recovery of alimony in a fixed amount of money

    It is often more profitable to pay alimony in hard cash, although this form also has its drawbacks (inflation, raising the living wage). But there are situations when this method of calculating payments is the only possible one.

    The issues of material support for relatives and other persons, the list of which is provided by the legislator, are very relevant in modern conditions. This refers to alimony, and in contrast to the common idea based on the most typical examples, the addressees of alimony payments are not only minor children, but also other categories of persons in need of subsistence funds.

    However, the topic of this article does not imply a detailed study in this direction, so the issue will be considered without a detailed definition of the subject composition. We will talk about one of the types of alimony payments - the one that is collected from the payer in a fixed amount of money.

    The main source of law is the Family Code, article 83 of which prescribes this institution in detail.

    Concept, main characteristics

    The legislator does not give its exact definition, naming only the conditions under which it can be applied (that is, in which cases alimony in a fixed amount can be established). This, in particular, the following criteria applicable to the payer:

    • the presence of unstable or changing earnings;
    • full or partial receipt of remuneration for work in foreign currency;
    • no official income.

    In addition, the court has the right to appoint a similar type of maintenance payments if the shared deduction significantly infringes on the interests of the child or the second parent involved in his upbringing and maintenance (the total amount will be too insignificant and will not allow the child to be provided with decent maintenance).

    A prerequisite for the appointment of alimony payments in a fixed amount (hereinafter, the wording “firm alimony” will be used) is the absence of an agreement between the parents on the payment of alimony. In such a document, which has the status of a title, the procedure, form and amounts are prescribed in detail, and the signatures of the parties indicate that agreement has been reached with all the listed conditions - the intervention of the judiciary is not required (according to at least until the terms of the agreement are violated).

    Alimony in a fixed amount of money in 2020

    Since solid alimony is firmly “tied” to the concept of “living wage”, their size directly depends on this indicator. And the subsistence minimum should be established (and is being established) at the federal and regional levels - the latter cannot be less than the first. In practice, this means that the amount of payments can vary quite widely.

    For example, in 2016 there was a significant increase in the subsistence minimum in the Krasnodar Territory - by almost 20%. Accordingly, the amount of payments has also been increased.

    The body responsible for determining the subsistence minimum is the Government of Russia and the Governments of the constituent entities of the Federation. The results are published quarterly in the media mass media. For example, the minimum living wage at the beginning of 2020 was 12,130 rubles ( average), while the figures for the regions differ quite significantly: in Moscow, for children, it amounted to more than 20,000 rubles, and in Leningrad region- only 12 800 rubles.

    Interested parties - in order to have an idea about possible payments, it makes sense to obtain such information in advance.

    The trend towards an increase in the subsistence minimum will undoubtedly continue in the new year, so alimony payments in a fixed amount will also be multiplied.

    Arbitrage practice

    Analysis of court cases regarding the recovery of alimony payments in a fixed amount of money, considered in 2020, does not indicate uniformity judgments: it cannot be said that the courts unconditionally take the side of the plaintiffs, satisfying their claims against the defendants. At the same time in judicial practice there is also no tendency to refuse claims for the transfer of alimony accrual into a fixed sum of money.

    This is an absolutely normal phenomenon, because. this category of cases is considered on a strictly individual basis, taking into account both the specific established circumstances and the fact that certain arguments put forward by the plaintiffs do not find documentary evidence.

    Let us illustrate what has been said with examples from the courtrooms.

    Plaintiff's claims for appointment solid alimony were rejected by the court (the claim was denied), t.to. it was found that the defendant, who, in addition to the main income, also has a secondary one (and the latter exceeds the main one), cannot be classified as persons who do not have a permanent fixed income. And this requirement is decisive for the application of the institute of solid alimony.

    In another case, the court took the opposite decision - it fully satisfied the claims. It was found that the defendant fully falls under the criteria established by the legislator in the disposition of Article 83 of the UK - does not have a permanent income. In addition, the evidence presented irrefutably testified that he deliberately chose a similar method of obtaining income - in order to evade the payment of alimony. The court made the only fair decision in this situation and appointed a certain fixed amount of payments in favor of the child.

    The presentation of examples can be continued, but the essence is already clear: the statement of claim and the attached materials must contain an exhaustive evidence base, fall under the above conditions defined in the legislation. This issue should be taken very seriously.

    Here is another typical example from practice, this time in video format:

    collection

    The algorithm for collecting alimony in a fixed amount of money is as follows:

    1. the person concerned decides to apply to the court,
    2. analyzes the grounds for such a step, draws up a statement of claim,
    3. is determined with applications (these may be, in addition to mandatory documents, and others that confirm the argumentation).
    4. Strong advice: It makes sense to consult with an experienced lawyer who will help you comply with all procedural requirements, and, if necessary, will take over the representation. The chances of success in this case are greatly increased.

    Calculation of the amount of alimony in a fixed amount, indexation

    Calculation

    The final amount of payments in a fixed amount of money is calculated according to the following algorithm:

    the court establishes the coefficient to be applied in this particular case, which is multiplied by the subsistence minimum (in force in a certain time period, in a certain region).

    The total amount is the monthly maintenance withheld from the payer as alimony payment.

    Indexing

    The process of indexing alimony in a fixed amount is as follows:

    • the subsistence minimum is set;
    • the number of subsistence minimum values, which is a multiple of the amount of alimony, is determined;
    • the final multiple is multiplied by the cost of living.

    The result obtained will be the indexed amount to be withheld from the defendant - in a specific region, in a specific time period.

    Summarizing what has been said, we note that the receipt of solid alimony often provides interested persons (in particular, the child and the parent who guards him) with greater benefits than those that follow from other types of maintenance payments. Accordingly, it is necessary to make certain efforts to achieve the goal - to competently draw up a statement of claim in court, to provide it with indisputable evidence.

    The result is worth the effort - in the positive case, a person in need of funds for normal life will receive them.

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