Alimony in a solid monetary amount and their recovery. Solid alimony

The court may establish alimony not only as a percentage of all revenue respondents, but also alimony in solid monetary sum. This method of assigning payments to the content of children determines, and to ensure spouses. We will try to investigate all questions related to the establishment of alimony of this type.

Cases of appointment of alimony in a solid monetary amount

All cases are provided by law. These include the following:

appointed to ensure children;
when the parent has no official place of employment;
when the parent receives an unstable income, for example, salary payments in different amounts monthly;
when the profit received by the father or mother is expressed in natural form;
when the defendant has income in foreign currency, in dollars, for example;
when determining the size of the alimony in percentage difficult;
when the establishment of the size of the alimony in percentage significantly violates the interests of the child, i.e. The amount obtained by counting the percentage is insignificant small;
appointed for the content of spouses, as well as former spouses in some cases provided for by law;
appointed on disabled children who have achieved adulthood and need financial assistance.

It should also be noted that when establishing an alimony by making parents of a voluntary agreement, the solid cash amount of payments can be appointed by them without these circumstances.

For the provision of children

For children, alimony in a solid monetary sum is appointed as well as in determining payments as a percentage of income, when confirmed in the court of the fact of the child's need, the presentation of documents on the material situation of the parent-plaintiff's parent and parent parent.

Mandatory conditions for paying alimony in the form of a fixed amount of money:

Only in the presence of all the above conditions, the court has the right to appoint payments to the content of children in the form of a specific monetary amount.

For providing spouses

Article 89 of the Law establishes cases when you can recover alimony to ensure your wife or husband. These include the following:

pregnancy wife;
care wife for a joint child before he has three years old;
disability to husband or wife, as well as the need to carry out the care and provision material assistance;
implementation by the husband or wife of the care of a joint disabled child.

The law does not provide for these situations the recovery of alimony in percentage ratio from income. Payments are always under a number of such circumstances are determined by the court in the form of a fixed amount in the monetary equivalent. The size is determined in each situation individually, taking into account the degree of satisfaction of the recipient's needs.

On former spouses

You can recover alimony not only on the current spouses, but also for the former. This can be done under some cases:

during the pregnancy of ex-wife;
when carrying out the leaving former wife or husband for a joint child before he has three years old;
when carrying out the exercise of a former wife or husband for a joint child-disabled adaptation to him;
with disability former husband or wife, which managed to come during their stay in the marriage union or within one year after the official rupture of family relations;
with the need of a pensioner's spouse, if after termination of the marriage union, it took 5 years.

The list of bases is exhaustive. The law allows you to establish alimony in a solid amount of money on former spouses not only in order to make a claim in court, but also by issuing a mutual agreement.

Pros and cons

The establishment of alimony in the form of a fixed amount of money has both its advantages and disadvantages. Let's start with positive moments.

The advantage is definitely the possibility of recovering alimony, significantly exceeding the amount of payments appointed as a percentage. Establishing a fixed amount of money as an alimony provides a child with a familiar level of life, guarantees complete satisfaction of the needs that were implemented before filing a lawsuit.

The fact that the requirement of payments in the form of a solid amount of money is the only way to recover obligations with unemployed parents. The percentage of income is impossible to calculate in mind the absence of the respondent.

Now about the shortcomings. The recovery of alimony in the form of a fixed summary is a rather long and complex trial. The standard list of documents sent to the court is complemented by the list of monthly expenses for the maintenance of the baby.

The standard of living of people changes annually: prices are growing, changes living wage. To resize the payments established by the Court of Solid Monetary amounts, various services must be made a number of additional manipulations. Thus, the bait must make a decree on this, the employer of the defendant should track constantly changing the level of subsistence minimum and to hold the retention in accordance with the new indicators.

Size - how to calculate?

In family legislation regarding the appointment of the amount of alimony in the form of cash payments, no limits are established. Practice on such cases shows that judges in resolving the issue more often resort to orienteering to the indicators of a children's subsistence minimum in a particular subject. An important rule When determining the amount of material assistance is that the designated size should not be less than that which would be set as a percentage.

food;
pediatric hygiene;
clothes and shoes;
toys and educational games.

In addition to the main costs, there are also expenses additional, as well as arising under a number of circumstances:

purchase of drugs;
payment for sessions of therapy: massage, swimming, warming, violent, etc.;
payment of vouchers in a sanatorium, a rest in which the child is necessary for medical recommendations;
entertainment Costs: Hike to Park, Cinema, Zoo, All sorts of paid attractions, etc.;
purchase of household items: Children's furniture, bedding.

In the list of expenses for a child who in obligatory It is attached to the statement of claim, absolutely all costs produced should be indicated. total amount Monthly expenses and will be the final sum of the alimony required in court.

The plaintiff is important to know that the required size of the alimony cannot be higher than the amount of the costs of children's maintenance. Otherwise, the amount is unreasonable, and the court will most likely reduce the required amount of payments.

How to recover?

by entering into a mutual agreement with the defendant;
by sending a claim to court.

If the spouse does not refuse the obligation to keep his child or wife, then an agreement on this can be issued. Such a document implies compulsory assurances in the notary chamber. The agreement contains the following attributes:

date and place of registration;
information about the sides: Full name, date of birth, Passport details, information on registration and actual accommodation;
information about the child, in the interests of which the document is drawn up: Full name, date of birth, the details of the birth document;
the amount of alimony;
regularity of payments;
deadlines;
bank details of the recipient's parent;
circumstances that serve as the basis for the cessation of payment;
fors major circumstances.

The agreement is drawn up in two copies for each of the parties. Failure to fulfill the terms of agreement entails the offensive of responsibility ().

When to agree with the second parent regarding the provision of financial assistance is not possible, nothing remains how to send statement of claim to court. The lawsuit is filed at the place of residence of the respondent's parent in accordance with Article 28 of the Code. If the attachment of the plaintiff is young children and get to the judicial station of the defendant problematic, then you can file a lawsuit at your place of residence.

The claim of the statement reflects the following points:

the name of the judicial area;
application data;
data on the respondent;
descriptive part: the refusal of the defendant is voluntary financially to help, the financial situation of the parties, the child's place of residence, the degree of its need, circumstances that exclude the possibility of appointing alimony as a percentage;
summary: Requirement of payments in a solid monetary amount.

The appendix indicates such documents:

copy of the applicant's passport;
a copy of the child's birth document;
copy of a marriage or divorce document;
certificate of a child's place of residence;
certificate of earnings of the plaintiff;
certificate of earnings of the defendant (in case of employment);
copy labor book the defendant, the last entry in which is an entry on dismissal (in the absence of work);
list of monthly child costs.

The term of consideration of the case is up to one month. The decision was sent to bailiffs to form an executive list. If the defendant is officially employed, the list for execution is sent to his employer. If it does not have work, then the document is awarded to him personally in hand.

Indexing

How to be if the court has a specific amount of payments for the maintenance of children, and the standard of living is constantly changing, the prices for goods and services grow annually? To solve this problem, the legislator has envisaged the possibility of indexing alimony. The procedure is provided for in Article 117 of the Family Code.

The meaning of indexation is to change the size of the alimony on the basis of the growth of the subsistence minimum in a particular region. In order to index the payout, you can only change in the right way. Indicators of the subsistence minimum change quarterly. If the subsistence minimum within the region is not established, then the general level operating in the country is applied.

Indexation can be carried out:

bailiffs, making an appropriate decision about it;
employers of the defendant holding alimony by making an order about it.

We give an example of indexation. Citizal T. Court appointed an alimony for the maintenance of a child in the amount of 1.5 subsistence minimum. At the time of the decision by the court, the figure was 8,000 rubles per child, respectively, the mother paid 12,000 rubles. Three years later, the subsistence minimum rose to 10,000 rubles. Calculate the amount of payments after the indexing on such a formula: DPM / NPM × SPE, where

DPM is a current subsistence minimum;
NPM is the initial subsistence minimum (acting at the time of the award of alimony);
SPE - the amount of paid alimony;
COP - the ultimate amount of alimony after indexation.

We get the following: 10 000/8 000 × 12 000 \u003d 15 000. After indexing, the amount of alimony will be 15,000 rubles.

Is it possible to change the size of the alimony in the form of a solid amount of money?

The size of the appointed alimony by the court can be both increased and reduced. This says. You can do this in two ways:

if the alimony is established by the agreement, then by making changes to the main document;
if the alimony is recovered through the court, you can only change the size through the court.

With the initiative to change the usual amount of payments, any party as a recipient's mother and father payer can perform.

Circumstances in which the payer is possible to reduce the size of the alimony:

severe illness, disability;
decline in earnings;
the birth of new children, which he should also provide;
emancipation of the child and ensuring it by himself.

Circumstances in which the recipient can increase the amount of assistance:

loss of work;
decline in earnings;
severe diseases of the recoverer or child, requiring monthly financial investments;
rising food prices and essentials.

The court takes into account all the documents provided, evaluates the established circumstances, after which it decides: reduce (increase) the amount of payments or leave the same.

Thus, the recovery of alimony in the form of a solid amount of money is quite complex in a legal aspect requiring the process requiring special attention and extra time. Knowing the principles of destination of alimony and nuances in such cases, the plaintiff becomes possible to recover or on the child a specific amount, much more than the percentage of the earnings of the defendant.

Lawyer of the Board of Legal Protection. Specializes in conducting cases related to broken-proof processes and the payment of alimony. Preparation of documents, incl. Help in compilation marriage contractsclaims for recovery of contest, etc. More than 5 years of legal practice.

The recovery of alimony payments in the solid amount is provided for by family legislation. The size of the alimony determines a number of factors, but the law is not established. After reading the article, you will learn in what cases the payments are carried out in a fixed size, which affects the value of how the calculation is calculated.

Solid payments

Aliminal payments are made in if:

the earnings received are issued by things, products, services;
income in overseas currency;
obtaining alimony in the equity relationship affects the rights and interests of the recoverer or debtor;
an alimate-bound person does not have a job;
non-permanent earnings (creative professions, watches and seasonal work).

Potential payments are:

children under 18 years old;
adults, unable due to the unsatisfactory state of health, to provide themselves;
a woman who is carrying a common child;
mother caring for kid up to 3 years old;
spouse looking after a disabled child;
former spouses, when retirement and in need of material support;
wife or husband who are disabled during the marriage or within one year from the moment of its termination;
other categories of citizens attributed to dependents by law.

It should be borne in mind that when paying payments, one of the decisive factors is the need of money.

Defining factors

For calculation of the size of alimony in a solid monetary amountThe court takes into account:

The level of the subsistence minimum in the dependent region. Each quarter this value is changing. This is due to the increase in prices for consumer basket products. If the indicator is not set at the place of residence of the recipient of payments, then when calculating payments should be guided by the average in Russia.
The state of the health of the parties of an aliminal legal relationship. In determining the amount of alimony, the court takes into account the availability of disabilities. So, if an alimony-payer is disabled, lives only on the benefits received from the state - is the basis for reducing payments or recovery them in a smaller amount than declared in the lawsuit. In the case of discontinuation of disability, the plaintiff has the right to submit a new claim on the revision of payments towards the increase.
The number of dependent persons. This circumstance has an impact only in the case when the income received by an alimony-payer ceases to grab the content of all dependents. Maximum amount of deduction with wages Limited 70%.
When appointing payments, the court strives as much as possible to preserve the previous standard of living of a minor. In confirmation of the calculation of aliminal payments, the claimant is obliged to provide evidence.

Calculation of alimony in a solid monetary amount

The minimum amount for alimony in a solid value is not established. The amount is determined on the basis of the calculation of alimony provided by the applicant.

In decision, the court indicates: "To recover the alimony with FI. Alimepoker in favor of F.O. Recipient in size (sum). "

This amount is tied to the size of the subsistence minimum.

Alimony in a solid monetary amount Sample:

the amount awarded by the court ÷ indicator of the subsistence minimum at the time of the decision \u003d indicator of the ratio of alimony and subsistence minimum.

For example, payments are charged in the amount of 12000 p. The cost of living at that time was 9617 p. 90 to. (3 quarter of 2015 in St. Petersburg).

12000 p. ÷ 9617 p. 90 k. \u003d 1.25 - the coefficient required to calculate indexation.

Calculation of indexing of alimony in a solid monetary amount

Aliminal payments in fixed size are subject to mandatory indexation. This is due to the fact that prices are growing and the amount that was charged before it may simply be lacking for dependent's needs.

For example, the amount of payments for the 2nd quarter of 2016 will be:

1.25 × 9986 r. 20 k. (Summary of the child in St. Petersburg) \u003d 12 483 p. - The amount of alimony is currently.

Thus, the size of the alimony grew by 483 p. For a short period of time.

If, to take into account that payments in minors are carried out 18 years old, and on children with disabilities to death, then the difference will be tangible.

How to get alimony?

By agreement or judicial decision

The payment agreement on the payment of alimony is in writing and is certified by the notary. Payments are installed in a fixed size, as a percentage or other form, not prohibited by law.

The change or termination of the contract is carried out only if there is a joint consent. All conflict situations that are not allowed through negotiations are considered in judicial order.

Schedule with package necessary documents Served at the place of residence of the responsible party.

The absence of a dispute about the amount of payments gives grounds for consideration of the case in order production. The issue is permitted within five days. The defendant is notified by the decision. With no agreement, he has the right to file a complaint within 10 days. Otherwise, the applicant is issued the original judicial order, certified by the seal and signature of the judge.

In the statement of claim for consideration of the case at the court session, parties are called, witnesses, other interested parties. The judge hears the arguments of the plaintiff and the defendant, polls witnesses, studies the proof presented. Based on the collected information, a judicial resolution is made.

The decision steals right away. Executive list can be obtained after court session or in the reception hours of the civil proceedings department.

The judicial order and the executive list are provided in the accounting department of the debtor or in the departure service for further execution.

Alimony to ensure the child with everything they need can be appointed by the court in two versions: as the share of earnings of one parent and as a monetary amount of a certain size, monthly transferred by the payer.

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Specific examples from judicial practice

All cases on the appointment of alimony are considered by the court individually, the decision is made based on a specific situationForesting.

Partial satisfaction of the claim

Citizen and appealed to the court in 2014 with a statement about the appointment of alimony on its minor daughter of 2010 birthday from the former husband, a citizen B. in a statement by a citizen and pointed out that since 2012, with her husband they live separately, and from 2013 officially divorced . All this time, she did not receive any financial assistance from the former spouse for the maintenance of the child and independently provided the daughter with everything necessary.

Citizen and in his statement demanded the appointment of alimony in a solid monetary amount on the basis that citizen B is individual entrepreneur and has unstable incomeAnd also receives part of income in kind.

The woman asked to appoint an alimony in the amount of three subsistence minids, indicating that it was as much as she spends on food, clothes, a kindergarten, medicine, toys and organizing his daughter leisure. In addition, a citizen and asked the court to recover, since at this time the husband did not live with her and did not accept the participation in the education and the content of the child.

The court listened to the testimony of a citizen B, examined the documents provided (in particular, the child's birth certificate) and decided to satisfy the lawsuit of the citizen and partly.

Alimony were prescribed in fixed sizeSince a citizen B really has an irregular income. The payment was appointed in the amount of a 1.15 subsistence minimum on a minor in the region, since this amount the defendant agrees to pay, and the citizen and did not provide documentary evidence that she spends more on the child.

In the recovery of alimony for the past period, the court refused, as a citizen B gave a receipt in a monthly receipt of money from the defendant for the maintenance of a child written by Citizen and in 2013.

Also, on the basis of the claimant's request, the court ruled the state duty for the consideration of the case to pay the defendant.

A citizen e with a statement about the recovery of alimony in a fixed amount with a citizen N, with which from 2008 to 2013 consisted of a registered marriage and has two children of 2009 and 2011. Citizen E pointed out in a statement that the court had previously appointed alimony in the amount of 1/3 of the earnings of a citizen N, but this amount is clearly not enough to keep two children.

In addition, a citizen H is engaged in part-time (except for official work by the janitor he is engaged in installing plastic windows) And has an income from which the alimony is not accumulated. Citizen E in a statement asked the court to establish alimony in the amount of 50% of the subsistence minimum on each of the children.

The court considered the documents provided, listened to the witnesses and decided to refuse. The reason for the refusal was the presence of a permanent place of work at the defendant, receiving them regular income, as well as the lack of documentary evidence of its additional earnings.

The world judge came to the conclusion that the claims of the plaintiff were due to the receipt of previously awarded alimony and attempts to avoid paying from paying the full amount of alimony (in the amount of 1/3 of all types of its income, as previously decided by the court).

That is, the problem is not in the amount of alimony, but in the desire of the defendant to hide income. This issue is engaged in the service bailiffs and prosecutor's office. Previously, the decision of the court remained unchanged, and the defendant has the right to appeal the results of the meeting held during 10 days.

The plaintiff, a citizen D., appealed to the court with a statement on the appointment of alimony for the maintenance of two young children and himself from his former spouse, a citizen of T. Since a citizen of a permanent job did not have and at the same time paid alimony for the maintenance of a child from the previous marriage, the plaintiff He asked to appoint alimony in a solid monetary amount in the amount of 0.5 subsistence minimum on themselves and in the amount of the subsistence minimum on each of the children.

Having considered all the documents provided and interviewing witnesses, the court decided the claimed claim to satisfy completely. The basis for such a decision was: the lack of a permanent job of the defendant, the presence of alimony obligations in relation to the elder child, documenting the cost of the claimant's expenses for children (a citizen of the Citizens of Checks from shops and pharmacies collected within one month).

As the appointment of alimony in the equity would significantly affect the interests of children (The resulting amount would be extremely small and listed irregularly), the defendant did not have a permanent job, the court decided to pay a fixed amount of alimony.

Court rulings and counseling of lawyers

On the Internet there are many sites on which you can read the issued court rulings and even get clarifications from lawyers On the appointment of alimony in a fixed amount of money. You can search for such information on the forums. For example, .

To find materials of cases and advice of specialists It is possible on women's forums and sites dedicated to motherhood.

Sites of companies and private lawyers providing various legal services lay on their pages the materials discussed in court, which can also serve as an example.

Each World Court and Court of General Jurisdiction has its own page on the Internet.. These sites must have information on all considered cases, including alimony issues.

As well as cases of consideration by the court of cases, citizens' questions and comments of lawyers can be viewed on special legal portals, for example, in a social network for lawyers.

In any case, the Court makes a decision that guarantees the greatest degree of compliance with the interests of the child.

Parents based on existing examples of court decisions can prepare for the court session to provide complete information and avoid misunderstanding.

Hello! Appeal as follows: According to Article 83 of the RF IC when the spouse's income is constantly changing and is actually it is very difficult to understand what an income of the spouse alimony is recommended to collect in a solid monetary amount.

1. In the absence of a parental agreement on the payment of alimony on minor children and in cases, if the parent, obliged to pay alimony, has an irregular, changing earnings and (or) other income, or if this parent gets earnings and (or) other income in whole or in part In kind or in foreign currency, or if it does not have earnings and (or) other income, as well as in other cases, if the recovery of alimony in the share of parental and (or) parental income is impossible, difficult or significantly violates the interests of one of Parties, the court is entitled to determine the size of the alimony accounted for monthly, in a solid monetary amount or simultaneously in shares (in accordance with Article 81 of this Code) and in a solid monetary amount.

2. The size of a solid summary is determined by the court on the basis of the maximum possible preservation of the child of its previous level, taking into account the material and family situation of the Parties and other circumstances.

3. If children remain with each of the parents, the size of the alimony from one of the parents in favor of another, less secured, is determined in a solid monetary amount paid monthly and determined by the court in accordance with paragraph 2 of this article.

I wish you success in solving your problem!

Alimony in solid monetary sum 2017 - judicial practice, indexation, how to calculate, sample application, size

The alimony appointed in a solid monetary amount is paid in the periodicity appointed by the court, are listed in the order that the parties agreed or appointed the court.

Concept and purpose

The concept of a solid monetary amount for aliminal payments is legal and regulated by Russian legislation, in particular, the RF IQ. It meets the requirements:

does not depend on the size of the payer's salary of the alimony;
does not change before established period payments or until the next judicial trial.

A fixed payment may be the result of a trial or mutual agreement between the parties, which lies in the agreement between parents.

If they do not consist in the contract on the indexation of a solid amount, it will remain unchanged until the child achievement is 18 years old.

Who are intended

Alimony in a solid monetary amount in 2017 is assigned:

adult children who do not have the ability to provide themselves due to the disease;
parent who carries for a child up to 3 years old, a disabled child;
a pregnant wife, regardless of whether it consists of a defendant in marriage or divorced.

Each situation regarding the solution of the issue of the payment of alimony in a fixed amount is individual, has its own characteristics: the financial position of both parties, the availability of sources of income, the size of the income of the alimenter, family circumstances.

In this regard, when appointing alimony, the court is guided by them, relying on legislative normsAccording to which the solid amount is based on a non-permanent, unofficial or unconfirmed source of income. This may include situations when the defendant receives income in foreign currency or in the form of a natural product.

Required criteria

Payments for the maintenance of children by one of the parents are appointed by the court if the spouses could not come to mutual agreement and draw up an agreement. If the parent has a permanent income, the court decides to collect alimony from its salary in percentage.

Often the situation when the defendant does not have a permanent income or official employment, has the status of the PI and receives a profit in the form of natural products.

In this case, the alimony is prescribed in a solid size.

Methods

The payment of alimony in a fixed summary of this year is made on the basis of the claim of the spouse, with whom children live after the divorce.

This is explained by the fact that the Court must have an idea of \u200b\u200bthe circumstances that are in the family. They will have an impact on the size of the alimony. The procedure for the purpose of payments is no different from the general, in which the funds are charged voluntarily and in court.

Voluntary

The agreement that the child's parents conclude among themselves is considered the most acceptable option for the appointment of alimony, but in practice this method is an exception.

The terms of the contract must arrange both sides that it rarely happens during the divorces of spouses. To achieve this, there should be friendly relations between them and the understanding that in this situation it is worth taking care of the observance of the rights of children.

The amount of payments for the maintenance of children should not be lower than the amount of the subsistence minimum adopted in the region. The agreement is an agreement in which all parts of aliminal payments must be stipulated, including frequency, amount, transfer methods. The document is certified by a notary, which verifies compliance with its legislation.

Judicial

If the spouses fail to reach agreement on the issue of alimony payments for the maintenance of children, the party with which children live, appeals to the court.

The specifics of the consideration of the claim by the court is that the payment will be appointed in any case, regardless of whether the respondent has a permanent income. The only condition in the appointment of a fixed amount is to account for the size of the subsistence minimum at the time of the appointment of alimony.

Jurisdiction

In determining the jurisdiction of alimony disputes, it is necessary to be guided by the provisions of the Code of Civil Procedure of the Russian Federation.

According to the Code, it establishes the fact that cases associated with the recovery of funds for the maintenance of children are subject to world court. Relevant cases are considered at the place of actual residence of the defendant.

The decision of the magistrate's judge has the right to challenge both the defendant and the plaintiff. In this case, the statement of claim is submitted to the superior court - the District Court.

Where to contact

When submitting an application to the court, the claimant must have an idea of \u200b\u200bwhat the amount of payer wage is whether the income is permanent, in what currency the defendant receives a salary. Based on this, it is necessary to determine the required amount, but it should not exceed the amount of the subsistence minimum in the regions of the applicant's residence.

The plaintiff should justify in a lawsuit in the world court why he claims to receive alimony in a similar way and confirm its documents.

The application is submitted to the office of the World Court, where it register and within 10 days the court decides on the reception of documents for production or refusal to be considered.

The process of registration of fixed alimony

The appointment of alimony in a fixed amount is a legitimate form of recovery of funds for the maintenance of children.

Making an alimony pay in solid sum It is produced in stages:

Submission of applications.
Collection of documentation.
Consideration of the case on the claim.
Submission of a court order.
Submitting an executive list to the attachment service.

Submission of applications

The statement of the claimant on the appointment of alimony in a solid amount begins with submitting an application and package of documents to the judicial office.

The statement should contain information about the reasons for the requirements of payments in a fixed amount.

As a rule, this is the absence of a permanent job.

Alive, an alimony can, having a permanent job, receive wages in foreign currency or, being a farmer, to have income in the form of a natural product. The applicant, pointing out the required amount of payments in the claim, should substantiate its requirement.

Download a sample application for alimony in a solid monetary amount

Package of documents

The statement of claim for the appointment of alimony in a solid amount must be accompanied by a package of documents that should be a confirmation of all claimant requirements.

Their list cannot be strictly standard, since in each particular case there will be special references, but the law determines the generally accepted list of documents that must be submitted to the court necessarily:

Passports of both sides.
Marriage certificates, divorce about the birth of children.
Income certificates.

Additional documents: certificate of family composition, health status, confirmation of children's costs (checks, receipts, other payment documents).

The procedure for consideration and results

After the court takes a case on the appointment of alimony to consideration, the date of the court session is appointed. Both sides should appear on it. If the defendant is not twice, the decision is made in its absence according to the claimant.

Consideration of the case begins with the announcement of the claims of the plaintiff. If the defendant supports them, the court makes a decree on the appointment of alimony in a solid amount. If he has claims to demand, then the consideration of the case will continue.

In the course of the proceedings, the court listens to both parties, voicates supporting documents, testifying to the legality of the requirements of the Parties, causes witnesses, looks at video recording, listening to audio recordings if such a need arises.

At the end of the meeting, a decision is made to meet the claims or a refusal to satisfy them. The parties receive a document 5 days after the end of the court. At the side that disagree with the resolution, there are 30 days to challenge the decision in a higher court.

Advantages and disadvantages

The advantages of appointing fixed alimony are obvious to the plaintiff, if the defendant is not employed, hides the size of its real income, presents fictitious documents on a small amount of wages, without paying a report that the alimony will be appointed in any case in accordance with the subsistence minimum in the region .

The main disadvantage of this type of aliminal payments is that after time the amount will be insufficient to ensure the child due to growing inflation.

Indexing

Alimony in a fixed size "Eat" inflation, if prudently not take care of its indexation. In the case of agreement, the parties stipulate in one of the points of indexing in percentage or monetary terms. When considering the case in court, the decision to regulate the size of the alimony in order to avoid its depreciation accepts the court.

As the subsistence minimum increases, once a quarter, fixed alimony should be indexed in similar time. The calculation is made by the bailiff service.

What Practice shows

When deciding on the appointment of payments in a solid amount, the Court proceeds from the principle of maintaining the balance of the material interests of both parties.

At the same time, the circumstances are found:

financial situation;
whether the child is studying whether Dow, sports sections, circles, other additional classes are visited;
availability at the defendant real Estate, Vehicle.

The court makes requests to state bodies For information on the status of the defendant. Additionally, the status information may be requested. bank accounts and the availability of loans.

The legislative framework

The fundamental document in which questions are governed on the appointment of alimony - the RF IC, in particular, Articles 83, 85, 117 are devoted to alimony in a solid amount. Resolutions of the Supreme Court clarify legislation. They are not mandatory for execution, but contain recommendations on the solution of controversial issues.

Recovery of alimony in a solid sum

Russian legislation impresses parents the obligation to provide financial support Children (Art. 80 of the RF IC). Two options for payments are enshrined: voluntarily and by a court decision. The size of the monetary content for the child is calculated either as a percentage of income or in a solid monetary amount (TDS).

Percentage or TDS: pros and cons

By general principle The percentage calculation of the alimony is applied. But in certain situations, fixed payments are relevant. Positive sides In obtaining alimony in TDS:

the ability to recover from irregular income;
the right to get a longer amount;
maximum protection financial rights child;
material stability.

Based on the unstable financial situation in Russia, many women prefer to receive fixed alimony, and not as a percentage of the income of the child's father. But it is worth understanding that to appoint alimony to TDS by the court, if the alimony agreement is not signed, it is necessary to substantiate the amount that is requested. In many respects, the obligation to prove the availability of income and the possibility of paying the desired amount is imposed on the plaintiff.

Pre-trial settlement

Parents can independently determine and coordinate the amount of funds transferred to the child's content. Alimony for children by agreement of the parties is made up by the contract, certified notarized. In the contract, all the terms of the listing are prescribed: amount, term, indexation, money transfer rules and responsibility for failure to comply. Penalties on the unscrupulous execution of the Agreement of the Parties are determined independently, but in the amount no less than marked by law.

The pre-trial path of solving an alimony issue helps to avoid a long trial, expenses for attracting lawyers. If you have the opportunity to negotiate, parents are recommended to settle the payment of alimony on their own. In the case of evasion of one party from the fulfillment of duties on the already signed agreement, the second party has the right to apply to the court.

Forced payments

Unfortunately, it is not necessary to negotiate everything. For such cases, the mother's right is provided for the purpose of protecting the interests of the child. You can submit an application for Alimony in TDS if the payer has an income:

unstable and irregular;
in foreign currency;
informal;
paid in kind.

There is also an option for assigning payments in TDS if available special conditionsFor example, a child disabled and additional funding is required (treatment, rest, rehabilitation). Fixed amount It is often appointed in situations where the alimony and mother pay.

Preparation of documents

The preparatory stage before turning to court includes a collection, analysis and preparation of a package of claims.

The state duty for filing a claim for the recovery of alimony does not apply (Art. 333.36 of the Tax Code of the Russian Federation). You can contact the claim when payments are already carried out, for example, by a court decision or a percentage of income.

Required documents forced:

claim (sample);
justifying paper income;
passport;
certificate of the birth of a child;
certificate of concluding and termination of marriage.

The statement is prepared in three copies (1 original and 2 copies), applications to it and additional documents in two copies or original and copies for the defendant. If you give up a blank in copies, then it is subject to assurance. At one of the copies of the application, the details of the document will be affiliated (the date of adoption and number), confirming that the Office of the Court registered a statement. The claim is clearly demonstrating the document plan. In the cap prescribe the props of the court and the parties. The first part of the application describes the story: when marriage is concluded, the child's birthday, the situation in the family is prescribed on whose security is the baby and so on. In the second part, it is necessary to set out the rationale for the requested amount and the need for recovery in TDS. All theses need to be argued to confirm the documents. In the third, motivational part, it is necessary to ask the court, referring to legal norms, assign the recovery of alimony into TDS (specifying the amount of payments).

Appeal to the Court

The plaintiff's actions algorithm for submitting an application (Claim) Such:

Preparation of documents.
Select court. The jurisdiction is determined by the territory of the residence of the defendant.
Alimony on a child in a solid monetary amount

If there are reasonable reasons, you can also contact at the place of residence of the applicant.
Delivery of papers.
Participation in meetings. Attending hearings must be necessary. If there is no possibility, you can use the services of the representative (lawyer). Embed on his name is the power of attorney necessarily.
Obtaining a court decision.
Transferring papers for execution.

Determination of the sum

Those who do not know how to get an amount of alimony to suit, it is necessary to understand what income is paid by alimony and in what size. To calculate such types of income are taken:

the salary;
scholarship;
pension;
entrepreneur's profit;
regular premiums and surcharges;
payments of civil servants;
copyrighted fees;
regular public benefits;
profit from the sale of securities;
revenue from rental;
earnings condemned.

It is impossible to take into account such income as:

payments for burial;
"Decal" payments;
monetary compensation of employees (for food, for uniforms and tools);
travel money;
soc. Pension on the loss of the breadwinner;
compensation of sanatorium-resort treatment;
maternal capital;
received alimony.

In determining the summary amount, it is necessary to take into account the ratio of life and the material well-being of the child before the divorce and after.

Included is the material condition and the second parent. In the absence of a payer, permanent income payments can be assigned in the amount of the percentage of the subsistence minimum in the region. The minimum bar is 0.1%, the maximum is not limited.

Change sum

In the future, you can change the amount of funds transferred to the maintenance of the child. An increase in alimony occurs when the payer's income changes. Basins in order to reduce payments:

disability of the payer (1 and 2 group);
child employment;
increased dependents of the payer;
critical reduction in the income of the payer;
obtaining a child of state subsidies or payments;
the emergence of personal income in a child, for example, from the existing property.

In addition, you can reduce aliminal payments if, with an increase in the subsistence minimum, the payments increased by indexing, and the payer's income remained the same. Arbitrage practice Indicates the availability of the transition from payments to TDS to the percentage of income and the sharing of two systems.

Performing a solution

After the process is completed and the decision of the decision, the court issues an executive list. The recipient of the alimony should be counted for the attacks to open executive proceedings. Next, depending on the behavior of the payer, there will be a voluntary fulfillment by the defendant with the court financial obligations, or forced recovery. As part of the forced enforcement proceedings, the debtor's search is possible, the appeal of recovery on his property. Russian legislation Prosecurate, up to criminal, for evading the payment of alimony.

Termination of payments

The obligation to pay alimony stops when:

child death;
with adoption;
upon the occurrence of complete legal capacity.

Accuracy may come when marriage is marriage, the court or emancipation is issued in the employment of a minor.

The recovery of alimony payments in the solid amount is provided for by family legislation. The size of the alimony determines a number of factors, but the minimum amount is not established by law. After reading the article, you will learn in what cases the payments are carried out in a fixed size, which affects the value of how the calculation is calculated.

Solid payments

Aliminal payments are made in a solid value if:

the earnings received are issued by things, products, services;
income in overseas currency;
obtaining alimony in the equity relationship affects the rights and interests of the recoverer or debtor;
an alimate-bound person does not have a job;
non-permanent earnings (creative professions, watches and seasonal work).

Potential payments are:

children under 18 years old;
adults, unable due to the unsatisfactory state of health, to provide themselves;
a woman who is carrying a common child;
mother caring for kid up to 3 years old;
spouse looking after a disabled child;
former spouses, when retirement and in need of material support;
wife or husband who are disabled during the marriage or within one year from the moment of its termination;
other categories of citizens attributed to dependents by law.

It should be borne in mind that when paying payments, one of the decisive factors is the need of money.

Defining factors

For calculation of the size of alimony in a solid monetary amountThe court takes into account:

The level of the subsistence minimum in the dependent region. Each quarter this value is changing. This is due to the increase in prices for consumer basket products. If the indicator is not set at the place of residence of the recipient of payments, then when calculating payments should be guided by the average in Russia.
The state of the health of the parties of an aliminal legal relationship. In determining the amount of alimony, the court takes into account the availability of disabilities. So, if an alimony-payer is disabled, lives only on the benefits received from the state - is the basis for reducing payments or recovery them in a smaller amount than declared in the lawsuit. In the case of discontinuation of disability, the plaintiff has the right to submit a new claim on the revision of payments towards the increase.
The number of dependent persons. This circumstance has an impact only in the case when the income received by an alimony-payer ceases to grab the content of all dependents. The maximum amount of retirement with wages is limited to 70%.
When appointing payments, the court strives as much as possible to preserve the previous standard of living of a minor. In confirmation of the calculation of aliminal payments, the claimant is obliged to provide evidence.

Calculation of alimony in a solid monetary amount

The minimum amount for alimony in a solid value is not established. The amount is determined on the basis of the calculation of alimony provided by the applicant.

In decision, the court indicates: "To recover the alimony with FI. Alimepoker in favor of F.O. Recipient in size (sum). "

This amount is tied to the size of the subsistence minimum.

Calculation of alimony in a solid monetary amount Sample:

the amount awarded by the court ÷ indicator of the subsistence minimum at the time of the decision \u003d indicator of the ratio of alimony and subsistence minimum.

For example, payments are charged in the amount of 12000 p. The cost of living at that time was 9617 p. 90 k. (3 quarter of 2015

Under what conditions can you get alimony in a solid monetary amount?

12000 r. ÷ 9617 p. 90 K. \u003d 1.25 The coefficient required to calculate indexing.

Calculation of indexing of alimony in a solid monetary amount

For example, the amount of payments for the 2nd quarter of 2016 will be:

1.25 × 9986 r. 20 k. (Summary of the child in St. Petersburg) \u003d 12 483 p. The amount of alimony is currently.

Thus, the size of the alimony grew by 483 p. For a short period of time.

If, to take into account that payments in minors are carried out 18 years old, and on children with disabilities to death, then the difference will be tangible.

How to get alimony?

Aliminal payments can be obtained by agreement or judicial decision.

The payment agreement on the payment of alimony is in writing and is certified by the notary. Payments are installed in a fixed size, as a percentage or other form, not prohibited by law.

The change or termination of the contract is carried out only if there is a joint consent. All conflict situations that are not allowed by negotiation are considered in court.

The claim with the package of necessary documents is submitted at the place of residence of the responsible party.

The decision steals right away. The executive list can be obtained after the court session or in the reception hours of the civil proceedings department.

The judicial order and the executive list are provided in the accounting department of the debtor or in the departure service for further execution.