It often happens that child support payments do not cover the costs of maintaining a child. Especially if . An option to solve this problem may be to collect a fixed amount of alimony.

Alimony in hard form monetary amount - alternative way determining the amount of alimony payments. Unlike the general method (which determines alimony as a share of earnings), this method determines alimony in multiples living wage.

Alimony in a fixed amount may be collected subject to established conditions.

Conditions and grounds for collecting alimony in a fixed amount

Alimony in a fixed amount is collected by the court, provided that no alimony agreement has been concluded between the parents, and the paying parent...

• has inconsistent income;
• has no official income;
• receives full or partial remuneration in kind or foreign currency;

...or in the event that the collection of alimony in the form of a share of earnings violates the rights of the child or the paying parent.

Agreement on alimony in a fixed amount

The parents themselves can agree on the payment of alimony in a fixed amount, without going to court. The written agreement they will draw up will, by mutual agreement, determine the fixed amount of alimony to be paid monthly. The main condition is that this amount should not be less than the one that would be determined by the court when filing a claim.

How to submit alimony in a fixed amount and collect it?

The process of collecting alimony in a fixed amount of money is carried out only through the court.

State duty on alimony

How to calculate alimony in a fixed amount

The court, having considered the plaintiff’s demands and the defendant’s objections, studied the case materials, analyzed the child’s usual standard of living, the financial and marital status of the child’s parents, makes a decision - establishes alimony in a fixed amount.

The amount of alimony is calculated based on the subsistence level (LS) approved by the Government of the Russian Federation in a specific region of residence. In this case, the child’s place of residence is taken into account, not the alimony payer’s place of residence.

If the cost of living has not been established in a particular region, the fixed amount of alimony will be determined based on the cost of living throughout the country.

In some cases, the court may establish a combined method for determining the amount of alimony. For example, if the payer has a main job with a permanent wages and additional, non-permanent income, the court may oblige him to pay a share of permanent earnings and a fixed sum of money (for example, 0.5 of the subsistence minimum) from additional earnings.

The amount of a fixed amount of alimony in 2020

As mentioned above, alimony in a fixed amount of money is determined multiple of the subsistence minimum(at the beginning of 2020 it amounted to 11,012 rubles) - nationwide or established in a specific region of the country.

But multiple does not mean equal. The fixed monetary amount of alimony can be equal to either 2 or 1/10 of the subsistence minimum.

How to challenge alimony in a fixed amount

To challenge a court decision to establish alimony in a fixed sum of money, you must provide the court with evidence that the plaintiff provided false information or presented false documents.

Changing the amount of alimony

The amount of alimony payments may be revised upward or downward at the initiative of the payer or recipient of alimony. The reason for this may be a change in financial or marital status.

An increase or decrease in the fixed amount of alimony is carried out in court. Neither the alimony payer himself, nor the accountant of the enterprise at the payer’s place of work, have the right to independently stop payments or change the amount of payments without an appropriate court decision.

To change the amount of alimony established by the court, there must be compelling reasons– changes in the financial or marital status of the payer or recipient. The financial situation may worsen or improve, and changes in marital status may change due to the appearance of dependents (the birth of children, disability and neediness of parents).

How to reduce alimony in a fixed amount?

For example, the amount of alimony can be reduced in the event of such changes in the financial and marital status of the payer or recipient of alimony...

• disability of the payer (I or II group);
• extremely low earnings of the payer;
• the payer has other dependents (for example, elderly parents);
• the payer has other children to whom alimony is also paid;
• the child reaches 16 years of age and meets his or her material needs from his or her own income;
• the child has his own income-generating property;
• the child being supported by the state.

How to increase the amount of alimony in a fixed amount?

Just as, at the request of one of the parents (usually the alimony payer), the amount of alimony can be reduced by the court, the opposite is also possible (most likely, the alimony recipient). Changes in family and financial circumstances may also serve as grounds for an increase.

It is difficult to imagine such a situation, but theoretically the father could apply for an increase in the amount of child support as his income increases. It is more likely that the mother of the child will demand an increase in child support, for example, due to a decrease in her income.

So, grounds for increasing the amount of alimony may be:

• a significant decrease in the income of the alimony recipient (for example, due to a decrease in wages);
• loss of work by the recipient of alimony (for example, due to staff reduction);
• a significant increase in prices for basic consumer goods, despite the fact that the salary of the alimony recipient remains unchanged;
• illness of the alimony recipient, as a result of which significant funds are required for examination, treatment and rehabilitation, and there are not enough funds to support the child;
• the recipient of alimony has dependents (for example, due to the birth of a child, the need to care for elderly or sick parents);
• death of the person who provided financial assistance to the recipient of alimony (parent, spouse).

How to change the amount of alimony?

Since unauthorized changes in the amount of alimony are not allowed, you can increase or decrease the amount of alimony payments in two ways:

1. If the amount of alimony is determined by agreement, you need to make appropriate changes to this document. Changes to the agreement must be made voluntarily and jointly, with mandatory notarization.
2. If the amount of alimony is determined by the court, only the court can change it. Therefore, you need to go to court with a new statement of claim about revising the amount of alimony. The statement of claim must indicate the grounds for reducing or increasing payments and provide significant evidence of this. Samples can be found in the articles "" or "".

When changing the amount of child support down or up, the needs and capabilities of both parents must be taken into account. Thus, with an increase in the amount of payments, the alimony payer should not be left completely without a livelihood. And if it decreases, the child should not be deprived of the necessary material benefits.

Indexation of alimony

Recipients of alimony often complain that the fixed amount established by the court or agreement is “eaten up by inflation.” To prevent this from happening, the law provides another way to increase the amount of alimony -.

Indexation is an increase in the fixed amount of alimony based on an increase in the cost of living. The cost of living is determined quarterly - at the federal or regional level. Therefore, alimony is also indexed quarterly.

Alimony is indexed (recalculated) by the bailiff or the payer's employer. To index alimony, the following formula is used:

Amount of alimony in a fixed amount

The size of the subsistence minimum at the time of making a court decision and determining the amount of alimony in a fixed amount

Amount of alimony as a result of indexation

An example of alimony indexation in a fixed amount of money

You can understand how alimony indexation is carried out using an example.

Citizen Torsunova applied to the court for alimony for a common minor child from her ex-husband. The court determined the collection of alimony in a fixed amount of money, a multiple of the subsistence minimum - in the amount of 1.5 subsistence minimums.

In this case, indexation of alimony will be carried out according to the following formula:

The amount of alimony in a fixed amount as a result of indexation

The cost of living at the time of indexation

Multiplicity established by the court

Thus, the amount of alimony payments in the first quarter of 2019year was calculated as follows:

10,753 x 1.5 = 16,129 rubles

In the third quarter of 2019 (current at the beginning of 2020) by Order of the Ministry of Labor of Russia No. 738n The cost of living was increased to 11,012 rubles, and therefore alimony was indexed:

11,012 rubles x 1.5 = 16,518 rubles.

Arbitrage practice

Let's look at how this happens in practice.

Example:

Citizen Andrushchenko filed a lawsuit against citizen Ivanov to collect child support in a fixed amount.
In the statement of claim, she indicated that after the divorce, her common son lived with her, since Ivanov often changed his place of work. Previously, he received a salary of 10,000 rubles and voluntarily paid alimony of at least 2,500 rubles. IN this moment Ivanov receives a low salary - only 5,000 rubles, and does not pay alimony. Collection of alimony as a share of this earnings will significantly violate the interests of the child.

The court considered the argument worthy of attention that the collection of alimony in the form of a share of Ivanov’s earnings would significantly violate the interests of the child. According to paragraph 1 of Article 83 of the RF IC, the court has the right to establish monthly alimony payments in a fixed amount of money if another method of collection violates the rights of the child. In addition, the court took into account the recommendations of the Supreme Court of the Russian Federation, according to which, when determining a fixed amount of alimony, the child should, if possible, maintain the same level of financial support. The court took into account the financial and family circumstances of the child’s parents – Andrushchenko and Ivanov.

The court found that collecting alimony as a share of earnings would not only violate the child’s rights, but would also significantly reduce the child’s previous level of financial support. The court determined the amount of alimony in a fixed amount - ¼ of the subsistence level, which at the time of the decision was 2,648 rubles.

Advantages and disadvantages of “fixed” alimony

Advantages collection of a fixed amount of alimony is obvious.

• Firstly, the alimony payer often hides his real income and pays alimony based on documents on minimum wages or “zero” declarations. A fixed amount of alimony is an opportunity to collect an amount that corresponds to the real financial capabilities of the payer.
• Secondly, this is convenient in cases where it is impossible to determine the exact amount of wages, and therefore it is impossible to calculate the share of income.

Of course, there are also flaws this method. Firstly, if the court does not establish indexation percentages for the fixed amount of alimony, in a few years there will simply not be enough money to support the child. Secondly, there is no guarantee that the fixed amount set by the court will be higher than or higher than the cost of living. Disadvantages include the lengthy and complex legal process.

Let's summarize:

• Alimony in a fixed amount is an alternative to a share of income.
• Suitable if the payer receives unofficial income, is unemployed, or has income in kind or foreign currency.
• The amounts can be recovered by agreement of the parents or in court. The first method is voluntary, when the mother and father themselves determine the fixed monthly amount child support. The second method is forced, when the father evades paying them.
• The calculation of alimony in a fixed amount is based on the cost of living in the region.
• The amount of payments can be reduced or increased (at the request of the father or mother). One option is indexation of alimony. Applies in case of a change in the cost of living in the child’s region of residence.
• To change the amount of “fixed” alimony, compelling reasons are needed.
• The objective difficulty of collection in this form is low payments, concealment of income, “zero” declarations, etc.

Having chosen alimony in a fixed amount of money, recipients must remember that calculations and recalculations fall on their shoulders. The payer will not monitor the cost of living, take into account inflation, child expenses and other factors. It is the mother who monitors all changes. Often there are difficulties with this. The father can hide income, file counterclaims, statements and appeals. In order not to deprive a child of decent maintenance, you need to be able to defend your legal rights. If you have any difficulties, ask our lawyers a question. Together we will find a way out of the situation, calculate alimony, take into account inflation and other risks. Free consultation will save you from a long search for information.

The provisions of the Family Code of the Russian Federation provide that alimony can be assigned in several types - in shares, percentages of earnings and other income, as well as in a fixed sum of money. What are the features of payments in a fixed amount is the topic of today’s article.

Fixed alimony is one of two options by which the amount of support for minor children is determined.

The fixed amount of alimony is calculated as a multiple of the subsistence minimum per child, which is established by the Government of the Russian Federation and its constituent entities quarterly. For example, in the second quarter of 2017, its value in Russia corresponds to the amount of 10,160 rubles (Regulation No. 1119 of September 19, 2017). The minimum approved by the government is considered if it is not established in the region.

The method of calculating a fixed amount differs from assigning alimony as a percentage in that with the first, the cost of living is taken as the base, and with the second, the debtor’s income.

This option is used to assign payments:

• for minor children;
• for children who have reached the age of 18 but are disabled;
• for one of the parents who cares for their common children under three years of age.

To make such payments, a number of conditions must be met.

In what cases is child support awarded in a fixed amount?

As stated in Art. 83 of the Family Code of the Russian Federation, a fixed amount of alimony is assigned in cases where there is no agreement on voluntary payments. In this case, the payer must meet one of the following criteria:

• having unstable or fluctuating income;
• full or partial receipt of earnings not in cash, but in the form of goods or property;
• calculation of wages in foreign currency - in whole or in part;
• lack of income received through official employment.

Another condition is the situation when the calculation of alimony as a percentage or parts of earnings may conflict with the interests of the recipient.

Any of these circumstances is a reason to collect alimony in a fixed amount in court.

Conditions for payments for disabled children and the second parent

For disabled children:

• reaching adulthood;
• recognition of incapacity;
• confirmation of need for care;
• lack of official employment.

For the second parent:

• the spouse - current or former - is pregnant or is raising a common child under three years of age;
• one of the spouses - within or outside of marriage - is in need and is caring for a joint minor disabled child or a disabled person from childhood who has group I.

The listed information must have documentary evidence.

Amount of payments in a fixed amount

When ordering payment of alimony in a fixed amount, the judge proceeds from the fact that:

1. the child’s support must be maintained at the same level;
2. it is necessary to take into account the financial situation of the parties;
3. other circumstances need to be considered that deserve attention. These may include any factors that the judge qualifies as significant.

The law does not establish a strict framework as to exactly what amount will be established.

For example, fixed payments can be high in cases where a child is chronically ill and constantly requires the purchase of expensive medications. Otherwise, the fixed amount of money may be small if the alimony payer took out a loan to buy a home because after the divorce he left the apartment to his ex-wife and children.

The alimony claimant has the right to indicate in the statement of claim the amount that he considers necessary, but it is necessary to justify its feasibility. If the judge decides that the amount of payments is justified, he will satisfy the claim, otherwise he will assign maintenance at his own discretion.

As mentioned above, the “reference point” for assigning alimony in a fixed amount is the regional or national subsistence minimum for a child. The court may determine an amount that is greater than this value, equal to it, or less (for example, 0.7 or 1.5 of the subsistence minimum).

How to file and collect child support payments

An application for the collection of alimony in a fixed amount must be submitted to the magistrate's court. In this case, the law gives the plaintiff the opportunity to decide for himself which court to choose - in the place where he lives or where the defendant lives. When filing claims for alimony, no state fee is charged.

The claim must state the essence of the demands, indicate their amount, and justify it. You also need to make a calculation, which can be included in the text, or can be presented as an appendix. It is advisable detailed description circumstances surrounding the filing of the application, and information about the defendant’s earnings. Significant facts may include:

• having children together;
• their place of residence;
• disability of any family member;
• financial situation of the plaintiff and defendant;
• information about the place of work and earnings of the person obligated to make alimony payments.

If the plaintiff does not have the opportunity to obtain information about the defendant’s earnings himself, he can indicate in the application a request for their requisition by the court.

Documents that must be attached to the statement of claim include:

1. Passport.
2. Birth certificates of children.
3. Certificate of marriage or divorce.
4. Certificates from the place of residence of the plaintiff and defendant about family composition.

The documentation specified in the first three paragraphs is submitted in the form of copies. Based on the results of the meeting, the judge makes a decision on the amount of alimony, which is the basis for registration writ of execution. He is sent to the FSSP, where enforcement proceedings are initiated.

Changing the amount of fixed alimony

The amount of alimony assigned in a fixed amount of money may be changed by court decision. To do this, both the payer of alimony and the recipient must apply there with a new statement of claim.

How can a defendant reduce the amount of payments?

The defendant can count on a reduction in the amount of alimony obligations assigned in a fixed amount of money, subject to the following conditions:

1. He was assigned disability group I or II.
2. Income fell below the subsistence level.
3. He supported young children (under 18 years old) and parents who needed financial assistance.
4. He pays alimony in a fixed amount for children born in another marriage.
5. The child receiving maintenance has reached the age of 16 and can support himself independently.
6. The son or daughter has property from which income is derived.
7. The child entered state care.

It will not be possible to reduce the amount of alimony when:

• the ex-wife’s income has decreased significantly;
• the ex-wife was left without work;
• the child is ill and additional funds are required for his treatment;
• prices for goods have increased significantly.

How can a plaintiff achieve an increase in the amount of deduction from the alimony provider?

The reasons for the increase relating to the recipient are:

1. Decrease in income due to salary reduction.
2. Job loss.
3. Rising prices for essential goods without increasing earnings.
4. Deterioration in the health of the person receiving alimony and the need to incur large expenses in connection with this.
5. The emergence of new dependents - newborn children, elderly relatives.
6. The death of a person who provided financial support.

Reasons relating to the payer:

1. Termination of the obligation to support children, spouse or parents to whom the obligated person previously paid alimony - upon the first coming of age, upon divorce from the second, or the death of the third.
2. Increasing income.
3. The presence of other reasons indicating the possibility of paying maintenance in a larger amount.

Rules for indexing alimony in a fixed amount

Due to inflation and changes in the level of income of the population, indexation is provided for alimony in a fixed amount. It is produced either by the accounting department of the enterprise where the alimony payer works, or by a bailiff.

The law does not provide for a specific date for indexation. It should be carried out quarterly, after the Government of the Russian Federation or the leadership of the subject adopts a new living wage.

Recalculation of alimony occurs only when this figure increases. If it is reduced, the amount of payments remains the same.

Changing payments from interest to a fixed amount (+ calculation example)

Sometimes situations arise when the living conditions of a family receiving alimony change greatly. These are the circumstances already mentioned above, such as a change of job, a decrease in wages, and the appearance of dependents. In this regard, payments collected in a fixed amount may not be enough to fully support socially vulnerable people.

In such cases, the legislator provides the opportunity to switch from accruals in a fixed amount to another - in the form of a percentage of earnings.

To do this, you must apply to the Magistrates' Court. It will differ from a regular claim in that it is necessary to substantiate the requirement to change the form of alimony payment.

For example, the decision on previously awarded fixed payments was based on the fact that the payer did not have a permanent place of duty and earned money “from time to time.” At the same time, the amount of child support for one child for the last quarter was:

9700 x 0.7 = 6790 rub.

The child was injured, which required additional funds for his treatment. At the same time, the father, who pays the maintenance, got an official job and receives a salary of 45 thousand rubles. Alimony as a percentage will be (45,000 - 13%) x 25% = 9,788 rubles.

In addition to the above documents, the claim must be accompanied by:

• a copy of the court decision on the calculation of alimony in a fixed amount;
• documentation indicating the amounts received Money and the dates on which they were received: a certificate from the bailiffs or from the payer’s place of work, postal transfers, bank statements or receipts.

Arbitrage practice

As for judicial practice in cases of alimony in a fixed amount, as a rule, the court takes into account the interests of both parties to the dispute. Indicative in this regard is case No. 2-2634/15-33-2556/15, considered by the Novgorod District Court, and the appeal decision 33-2094/2017 adopted by the Novgorod Regional Court.

The essence of the issue and the initial consideration of the case

T.A wrote a statement to the magistrate’s court demanding a change in the amount of alimony payments collected for two children under 18 years of age, in shares of their father’s income. She asked to establish obligations in a fixed amount, to award the defendant O.R. payment for moral damages and debts for past periods.

As grounds T.A. indicated the following.

1. Since May 2013, the defendant has been awarded alimony in the form of 1/3 of the income once a month.
2. O.R, working as the head of the enterprise, deliberately understates the amount of real income. He periodically changes his place of residence, is engaged in home improvement and goes on vacation abroad.
3. The plaintiff does not have the opportunity to adequately support her children and take care of their proper development. Her only income is an income of 7,000 rubles.

Based on the facts presented, T.A. asked for maintenance for the children in the amount of 15,210 rubles, which was equal to two subsistence minimums per child in the third quarter. 2014 in Novgorod region, to collect debt and moral damages of 100,000 rubles.

The magistrate referred the case to the district court. A bailiff was involved in the proceedings. The court satisfied only part of the demands. The amount of alimony was changed to a fixed amount of 10,000 rubles, which was 1.06 of the subsistence level for the first quarter. 2015, with its subsequent indexing. The remaining demands were not satisfied. A state fee of 150 rubles was collected from the defendant.

Defendant's appeal

The appeal was filed by the defendant. He did not agree with the appointment of alimony in a fixed amount due to the fact that the court, in his opinion, did not fully study his financial situation. O.R. focused on the fact that he has a stable income, from which he is required to pay alimony in shares.

The Court of Appeal, having reviewed the case, came to the following conclusions. Evidence that O.R. has an unstable income, earnings in in kind or in foreign currency, not available on file. But at the same time, during the hearing, from the explanations given by T.A., it was established that before filing the application for alimony, the defendant paid money for the children every month - 10,000 rubles. From the information provided by the bailiff, it became known that O.R. paid funds for the maintenance of his son and daughter, which are calculated in amounts from 5,000 to 21,000 rubles.

The ex-husband did not refute this information. At the same time, O.R. no proof of earnings or other income was provided. Consequently, the court made a lawful decision based on the fact that the father receives additional amounts that cannot be determined, and also on the fact that as a result of the assignment of alimony in the amount of 10,000 rubles. the standard of living of children remained the same.

According to the laws in Russian Federation There are two options for calculating alimony: shared - from the defendant’s total income and fixed. The amount of alimony in the second case directly depends on the cost of living.

The establishment of a living wage occurs in each region separately and depends on the economic state of the region, territory, etc.

The following categories of citizens can receive alimony in a fixed amount:

• an adult child who is unable to work due to health reasons;
• one of the parents caring for a child under 3 years of age or an adult disabled child or a disabled child;
• pregnant ex or current spouse;
• adult children in some situations.

Cases when fixed alimony is issued for a child include unstable, unofficial or unconfirmed earnings of the defendant, as well as situations where he receives income in dollars, euros and other foreign currencies or in kind.

How to arrange fixed alimony

To receive alimony in a fixed amount of money, you must file a claim in the magistrate’s court at the place of residence of the plaintiff or defendant. The magistrate considers such a matter in the usual manner and in the presence of both parties. You should immediately be prepared for a fairly lengthy trial.

First of all, you need to competently prepare a claim for the recovery of alimony in a fixed amount of money. The application must indicate all the details of the plaintiff and defendant, length of marriage, number of children together, etc. To receive a decent amount, you must provide information about the defendant’s income.

Often an irresponsible parent who is trying to evade paying child support deliberately understates his real income by providing certificates from the employer indicating the minimum wage. Some parents - individual entrepreneurs show the court their zero income in order to pay small amounts children. In this case, it is necessary to collect evidence confirming that in fact the defendant is in a more worthy financial position.

An application for alimony in a fixed amount must be supported by the following package of documentation:

• copies of documents confirming the relationship of the children;
• certificate of marriage or divorce;
• certificate of income of the defendant;
• confirmation that the children are dependent on the applicant;
• calculation of the desired amount of alimony;
• receipts from kindergarten, school canteen, sections and clubs, as well as receipts confirming the purchase of food and clothing for children.

The court will consider all the data provided on this issue and make its decision regarding the amount of fixed alimony payments.

Amount of fixed alimony

Based on the above, fixed alimony cannot be less than the minimum subsistence level established by the leadership of the region or region. This is regulated by articles of the RF IC numbered 83 and 117.

To achieve a larger amount of alimony, you need to prove the sources additional income, as well as facts of concealment of the defendant’s real financial situation. The court always pursues the rights of the child, so in such a situation it is on his side. The more the plaintiff provides documentary evidence The fact that this amount is needed to support the child is all the better for him.

To calculate the amount of alimony, the court considers all sources of income of the defendant. But if its real financial position which, in the plaintiff’s opinion, is more satisfactory, cannot be proven, then the court will set the minimum possible amount monthly payments for the maintenance of children.

The magistrate also takes into account the defendant’s family circumstances and his state of health. Therefore, if a parent from whom alimony payments are required to be collected has children in a new family, then the court will assign the minimum fixed amount of alimony provided for in Article 81 of the Family Code of the Russian Federation.

Features of fixed alimony

Fixed alimony has its advantages and disadvantages. Thus, for the plaintiff, the advantage is the possibility of collecting from the parent who left the family monetary payments that exceed the amount of alimony in a shared ratio. After all, if you prove the urgent need for the child to receive these funds, as well as the presence of a good income from the defendant, then you can count on decent monthly financial support for the child.

The disadvantages include long term proceedings and the court making a certain decision, as well as some troubles that arise when collecting information about the defendant’s income. Also, many plaintiffs do not know how to apply for fixed alimony, so they often abandon this idea. But you shouldn’t do this, because now there are sites that will provide all the necessary information.

Currently, many married couples get divorced, and children remain to live with one of the parents and, most often, with their mother.

It is difficult for a woman to provide sufficient financial support without the help of the child’s father, so this controversial issue is very relevant in society.

How to collect alimony in a fixed amount from the second parent for raising children? Let's look at the norms of Russian legislation that may oblige you to collect such funds for the maintenance of your children.

What it is

In life circumstances, very often the money collected from the defendant’s income as a percentage does not satisfy all the needs of the child. They are significantly lower. Therefore, the Russian Federation provides an alternative way to solve this problem, which allows you to withhold monthly fixed payment amount for his decent living.

IN legislative acts they are called alimony in a fixed amount.

The difference between the two types deductions are as follows:

• When a parent’s funds are withheld in favor of a child, their amount is not at all tied to the minimum subsistence level established in the constituent entity of the Russian Federation. Collecting a share of finances from the funds he receives in the form of wages can sometimes be problematic. Especially when he or another source of income. There are also cases when he receives a shadow salary “in an envelope”, from which it is impossible to officially collect alimony.
• The award of payment in a fixed sum of money does not depend on the defendant’s income received, but is set as a multiple of the minimum subsistence level. Therefore, he will be obliged to transfer the awarded amount monthly cash payment in favor of the child, regardless of whether he works or not.

A guaranteed receipt of a constant amount of money allows you to better plan your monthly expenses for your child.

Advantages and disadvantages of this type of alimony calculation

Receiving penalties in a fixed amount has several benefits:

However, there are also flaws at this method collection of alimony:

• Due to the constant rise in prices and inflation, the constant amount may become too small. After several years, it will not be enough to meet the child’s needs, especially if court decision Indexation interest will not be indicated.
• There is no guarantee that the fixed amount awarded will be higher than a share of salary or more than the cost of living.
• A very long and complex trial.

Conditions and grounds for assigning these payments

Receive alimony The following persons can:

Even if these persons have already been awarded and receive alimony money in the form of a certain share of the defendant’s income, they can still apply to the court to transfer their amount to a fixed monthly amount.

Collection methods

Receiving funds is possible both by mutual agreement and through the court in the event that the defendant evades fulfilling his duties in voluntarily.

Let's take a closer look at both of these options.

Voluntary consent

If there is a break between the spouses, but they maintain respect for each other, then they can come to mutual agreement on the issue of transfer financial assistance per child.

To do this, they need to sign in the presence of a notary.

It also happens that the father is happy to provide financial assistance himself. In this case, the spouse is not required to submit an application. A man can independently initiate permanent payments by sending his application to the administration of the enterprise.

To withhold alimony in a fixed amount of money, the following data must be indicated in the document:

Collection of funds forcibly

If the payer disagrees with the recipient’s arguments, it is necessary to draw up and file a claim in court.

Then the judge will determine the fixed amount of monthly deductions, based on the minimum subsistence level approved by law. For each subject of the Federation it is established by regional authorities independently.

For this, you can contact experienced lawyers.

The fixed payment amount can be review periodically. However, this should be done only in cases where there has been a significant change in the financial situation of the payer.

For the applicant important point is the procedure for registering and filing claims to withhold funds from the defendant. You need to concentrate and do everything correctly so as not to waste precious time.

Procedure for registration and collection of payments

The fundamental rights of recipients of alimony payments are set out in section 13 of the Family Code of the Russian Federation.

According to the current legislation, cases of this kind on the recovery of a fixed amount from the defendant cannot be issued in the form of a court order. The proceedings are carried out only after filing a statement of claim with the involvement of both parties in the process. Moreover, the court will open proceedings on this issue if there is no mutual agreement between the parties.

Reasons for excitement The following circumstances may serve as a basis for court proceedings to award a fixed amount of alimony:

The plaintiff has the right to address his application to the court, both at the debtor’s place of residence and at his district branch. The magistrate examines the circumstances of such cases. The application is accepted without paying a state fee.

Calculation procedure

The fixed amount awarded by the magistrate's court is primarily depends on the cost of living, which is established by local authorities in the constituent entity of the Russian Federation. If it was not accepted local government, then when assigning penalties, they take into account the level that was assigned for the entire country. To make a decision, these parameters are the main ones for assigning deductions in the minimum amount.

In each specific situation, alimony deductions in a fixed amount of money are assigned differently, based on the defendant’s income and the child’s needs. When determining the amount of payment, the judge first of all considers the interests of the children or other recipients, and then the alimony payer.

The decision taken should not lead to a significant deterioration in the living conditions of children.

Rules for changing the payment amount

Early decisions of magistrates can be reviewed. Changes may either increase or decrease the amount assigned to withholding.

It all depends on the reason why one of the parties addresses this issue to Judicial authority. However, neither the alimony payer nor the accountant of the company where he works has the right to independently decide how much will be deducted in favor of the recipient.

More often reasons for going to court to change the fixed amount of alimony are the following circumstances:

If there are such compelling reasons, the approved amount of alimony may be reduced or increased. It can only be reappointed in court. When drawing up a claim, you must indicate what grounds there are for changing the fixed amount upward or downward. They need to be supported by strong evidence.

If between the parties agreement concluded, then to formalize the changes you must enter the relevant data into this document. In this case, new changes should be made voluntarily jointly by both parties and notarized.

The change in the increase in the fixed amount must concern the needs of both parents or the child, but the payer cannot be left completely without means of subsistence. If the defendant wants to reduce the amount of deductions, then this should not deprive the child of necessary material benefits.

Reducing the amount of payments

Eat a number of good reasons when the court revises the fixed amount of alimony and assigns it in a smaller amount:

1. A reduction in payments may be established if the payer’s financial situation has worsened. He may be fired when the company's workforce is reduced, or he may become seriously ill, become disabled, etc. Such circumstances sharply reduce income, so he can go to court to reduce the amount of alimony.
2. If there have been changes in the composition of the defendant’s family and the number of dependents has increased, then the court may also reduce the amount of penalties. For example, when a baby is born and the wife is in prison, the defendant must provide decent maintenance for them too. By law, he must also support elderly parents who have lost their ability to work. All these are good reasons that may affect the reduction of deductions from his income.
3. The reason for the reduction in payments may be the child’s own property, which brings him a good income. Or if he is supported by the state.

Increase in amount

The grounds for increasing the amount of penalties in favor of the alimony recipient may be circumstances that have influenced the improvement of the defendant’s financial situation. As a rule, the application is submitted by someone who is interested in receiving large sums. At the same time, in court you need to confirm the motivation of your claim with evidence.

Main reasons which the applicant may refer to are:

Either party can file a claim in court to influence the amount of penalties. The main thing is that there is evidence confirming the occurrence of compelling circumstances that influenced the financial situation of the payer or recipient.

Indexation of payments

Inflation has a significant impact on the financial situation of the recipient of funds, because fixed payment amount reduces over time purchasing power with a significant increase in prices.

Therefore, the law provides conditions for increasing the amount of alimony - indexation. This parameter allows you to increase the amount in accordance with the increase in the cost of living, which is determined quarterly at the federal or regional level. Thus, indexation of fixed penalties is carried out quarterly by the bailiff or the payer’s employer.

The collection of alimony payments in a fixed amount of money is described in the following video:

What is fixed alimony? Let us turn to Article 85 of the Family Code, from which it follows that in the absence of a mutual agreement between ex-spouses, the amount of alimony can be determined in a fixed amount of money, which will be required to be paid monthly. In this case, the court will take into account the financial and marital status of the parties and their other interests. Let us consider this issue in detail, based on the norms of current legislation.

In what cases can the court order alimony to be paid in a fixed amount?

• The parent has irregular earnings and/or variable income.
• Receives earnings and/or income partially or completely in kind or in foreign currency.
• The parent has no income and/or earnings at all.
• In cases where repayment of alimony debt in proportion to any income or earnings is impossible, significantly violates the interests of the parties or is difficult.

To accrue fixed amounts, the fixed monetary amount will be determined in court. In this case, the main basis for calculating the amount of alimony payments will be the need to maintain the previous level of material support for the minor. The family and financial situation of all interested parties and other circumstances worthy of attention are also taken into account.

If the parent’s income/earnings are insignificant, but the payer has significant property, the collection of alimony can be applied to this property. In this case, alimony will be calculated in two types simultaneously:

• from the regular part of the parent’s income/earnings received by him in Russian rubles, - in share terms;
• from irregular and/or changing earnings/income received in foreign currency or in kind - in a fixed amount of money.

In most cases, alimony is collected until the child reaches adulthood. However, the law may oblige a parent to support an adult child if he is incapacitated. The procedure for payment and the amount of alimony payments for adult disabled children is also determined by the court in a fixed amount, based on the family, financial situation of the parties and other significant circumstances.

Calculation of the amount of alimony

The minimum fixed amount of alimony is not specifically established by law.

The amount of alimony payments collected from the payer in a fixed sum of money is calculated by indexation, which is carried out in proportion to the increase in the cost of living for a certain socio-demographic group of citizens established in the constituent entity of the Russian Federation at the place of residence of the person receiving fixed alimony.

If the corresponding subsistence level has not been established, then the value for Russia as a whole is taken as it.

Thus, the amount of fixed alimony payments is set as a multiple of the subsistence minimum or as a share thereof.

Where to go?

If the child’s parents were unable to agree on a fixed amount of alimony, they did not enter into a mutual agreement, and there is a dispute regarding the payment of alimony, the potential recipient of financial assistance has the right to go to court. The claim is filed in the name of the judge at the place of residence of either the plaintiff or the defendant.

If before applying to the judge, no payments were made between the parties by mutual agreement, then the recipient of alimony has the right to go to court at any time.

When a parent’s obligation to support a child ends (by court decision):

• if the child reaches adulthood;
• when a minor acquires full legal capacity before their 18th birthday;
• when adopting a child;
• upon cessation of need and/or restoration of the recipient's ability to work;
• after the death of one of the interested parties.

The parents themselves can determine the fixed amount of alimony by concluding a mutual agreement. However, the amount of financial support cannot be less than what the court would determine.