The disintegration of the family in our time, the phenomenon is frequent. According to statistics of the Russian Federation, each fourth family divorces after seven years of marriage and every third does not pass this line. The marriage process is complex. In particular, if there is a common property and children. And if in the first case everything is divided into equally, the question with the care and paid fixed amount of alimony for children can be solved for a long time and not always satisfy the claimant's request.
The desire to ensure the normal existence of its children is quite explained by the mother, since according to the Family Code, operating in the territory of the Russian Federation, guardianship over the child, as a rule, is fixed precisely behind the mother. But the fathers remain a claim for alimony in a fixed amount.

What should be aware of alimony?

Alimony - This is a certain amount obligatory to pay the father or mother to provide a child under the custody of the second parent. In a broken-water process, the court offers a mutual decision on alimony, pastime with a child and separation of obligations. In practice, everything happens much sad.
According to the Family Code, operating in the territory of the Russian Federation, the time spent with the child should be equal to the number for both parents. BUT the size and type of help on the maintenance of children can only be installed: This is an alimony fixed amount, interest payments or solid form.

Types of aliminal payments

Interest payments - This is a share OT subsistence minimum, established for children of a certain age, acting at the time of the court decision. In 2019, the overall procedure for calculating remained the same: 25% of the income of the payer of alimony per child. For two children, this amount equals 33%, and if on three then, the alimony will be from 50% and higher. IN lately The question of changes in interest percentage alimony is raised, instead of them to establish a fixed amount not exceeding the cost of living, thereby raising the relevance in fixed amounts of alimony.
Solid payments The amounts of alimony are less common and imply money equivalent, expressed in real estate, property, etc.
Fixed alimony amount - This is a clearly installed payment, which katten the magnitude of the subsistence minimum on a child. The fixed amount alimony in 2019 can be obtained in the amount of the subsistence minimum on the child established in this subject of Russia.
No matter how regrettable it sounded, but there are cases when the parent is trying to dodge the payments of his own child, therefore, it is increasingly focused on the fixed amount of alimony.

Submission to fixed alimony: order and documents

Assign such a type of payments in the following cases:

• When the payer of the alimony does not have a stable or equal income. For example, its salary depends on the production, the number of shifts and other;
• When the payer gets a salary, or part of it, in foreign currency;
• If the payer of the alimony is not officially employed;
• There was no mutual decision on the amount of compensation, then the alimony was proposed by the court.

In order to arrange fixed alimony on children need:

1. file a lawsuit in the court in which it is necessary to specify the cause and circumstances of the request;
2. attach a copy of the birth certificate, a copy of the marriage and divorce certificate, and a copy of the plaintiff's passport;
3. those who have already passed this path shall be shared by another secret, to increase the likelihood of a positive court decision in their direction, in the lawsuit, you can specify other types of income, preferably documented, which are not specified in the payer's declaration.

note : All these documents are attached to the application and the plaintiff has the right to decide where the case will be considered: at the place of residence of the defendant (payer) or filing a claim.

Conditions for calculating fixed amount of alimony

The fixed amount of alimony has the right to receive:

• • juvenile children or disabled;
  • parent who raises a child by age up to 3 years;
  • one of the former spouses was scheduled for the court to pay the alimony fixed amount.

Pros and cons of disputes for fixed alimony

Of course, in a similar solution, there are also its drawbacks. Unscrupulous parents do not always want to respond to the existence and maintenance of children: bring certificates about small income, specially dismissed from the place of work and are made to another, worse and other cunning manipulations. Therefore, before applying for a claim for the recovery of fixed alimony, it is necessary to be sure that the ability to prove one hundred percent. In addition, the process of permission to permit the court on a fixed amount of alimony lasts longer than usual, since many facts are taken into account for the definition: the cost of living, the balance of finance for the payer, taking into account its costs and so on.
At the end of the consideration of the submitted claim, the court decides on the size of the alimony recorded in the executive list, the timing of their payment and after sending it to the executive service.

IMPORTANT: The recovery of alimony can occur with Any accounts payer after sending him debt warning.

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Fixed alimony

How to make an application for fixed alimony?

Good day. You must file a claim for the recovery of alimony by the world judge at the place of its registration or at the place of registration of the father of the child - the choice is only for you. A copy of the certificate of marriage certificates is sufficiently attached to the claim (if he was) and the birth of a child. State Duty on such matters is not paid. By general rule Alimony per child is set in the amount of 1/4 of the part of all the income of the Father. However, if the child's father does not work or receives part of the salary "in the envelope", this is the basis for establishing alimony into a solid monetary sum In the amount of the subsistence minimum on the child in the region. The main thing is to properly compile and substantiate such a statement of claim that yourself, without the help of a lawyer, will be difficult for you. Contact a lawyer on our site personally, it will help to draw up such a statement of claim and will give all the necessary explanations.

This is the question if the salary is 15 thousand rubles and the alimony for a fixed amount 12 are the rubles, then in what size alimony will be listed?

If the executive list indicates the amount of alimony of 12 thousand monthly, the debtor must pay the alimony of 12 thousand monthly, regardless of the size of its salary. If his salary is less - he has a debt for alimony. If there is no salary - anyway 12 thousand per month.

Hello! Not wonder, 12,000 rubles.

Does the fixed size of the alimentary change when the other child appears?

This question is solved at the court session (on the claim to reduce the size of the alimony), taking into account all the circumstances of the case. Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 56 "On the application by the courts of legislation when considering cases related to the recovery of alimony" 57. The requirement to change the size of the alimony or the release from their payment (paragraph 1 of Article 119 of the RF IC) may be Submitted as a person who is obliged to pay alimony and the recipient of alimony in the event of a change in the material or marital status of any of the parties. When resolving the demand of the parent, paying alimony on a minor childThe decrease in the size of the alimony should be borne in mind that changes in the material or marital status of this parent is not an unconditional basis To meet his claimSince it is necessary to establish that such changes do not allow it to support the payment of alimony in the same.

I want to file a claim for alimony for two children in a fixed amount, the former spouse is not officially operating. According to the Primorsky Territory, the subsistence minimum is 13699 on a child, for two children 27398, which amount of alimony I can count on how much I have the right to register in the statement of a statement? On the this moment I have in search of work, no money for the maintenance of children I do not have, children often sick, not to leave with anyone, so there are difficulties with access to work.

This amount is in lawsuit and register if you require 33% of the average earnings in your region.

The size of a solid monetary amount is determined by the court on the basis of the maximum possible preservation of the child of its previous level of ensuring, taking into account the material and family situation of the Parties and other circumstances worthy (Art. 83 of the RF IQ).

Good day. You must file a claim for the recovery of alimony by the world judge at the place of its registration or at the place of registration of the father of the child - the choice is only for you. A copy of the certificate of marriage certificates is sufficiently attached to the claim (if he was) and the birth of a child. State Duty on such matters is not paid. As a general rule, alimony per child is set in the amount of 1/4 of the part of all father's income, on two - 1/3. However, if the child's father does not work or receives part of the salary "in envelope", this is the basis for establishing alimony in a solid monetary amount in the amount of the subsistence minimum on the child in the region. The main thing is to properly compile and substantiate such a statement of claim that yourself, without the help of a lawyer, will be difficult for you. Contact a lawyer on our site personally, it will help to draw up such a statement of claim and will give all the necessary explanations.

Alimony in TDS is charged with a multiple subsistence minimum on children in the region of their stay with quarterly indexation. Parents are obliged both to contain children, Article 80 of the RF IC. You can ask and 0.5 and higher from the subsistence.

I want to submit a re-applied for alimony with a fixed sum as the father of the child wants to go to another job with white and black salary. Accordingly, payments will be less. Son went to study in another city and in connection with this I want to move closer to him. Baby minor. I know that in the application you need to indicate the number of the court decision from the existing alimony. What else can you write in a re-statement and what amount to be appreciated? And what is needed for persuasiveness?

Larisa! Think a hundred times before trying to make a conceived. You can lose more than purchasing. Why so, will any competent lawyer explain to you. Full-time or remote. And do not listen to grandmothers at the entrance and pseudoyarists.

My spouse filed to fixed alimony, the first question: at the moment I am in a long business trip and can not get to the preliminary meeting as me to be?

Dmitriy! Write a review and send a court to e-mail, where the case is considered, it is listed on the Site website (specify in it or the case number or the margin of the plaintiff). In the revocation, write down and send as a scan, and then without signature will not accept .. good luck!

After the divorce, the court awarded a fixed amount of alimony in the amount of 7,000 rubles. Alimony is paid without delays. I want to open an individual entrepreneur for myself. The question is whether the former wife makes it on the court once again for alimony by 25%, since my income will grow?

Hello! Maybe, of course, it depends on the taxation system chosen by you.

Hello, dear Alexander! Firstly, with you the mother of your child recovered alimony in judicial order Based on (briefly - the RF RF) in the firm amount of 7000 rubles. This amount may, on the basis of Article 117 of the RF IQ, can be indexed. Article 117. Indexation of alimony (as amended. Federal Law from 30.11.2011 N 363-FZ) 1. Indexing the alimony accounted for by the court decision in a solid monetary amount, produces an organization or other person who sent an executive document (a copy of the executive document) in cases established by Part 1 of Article 9 and paragraph 8 of Part 8 1 of Article 47 of the Federal Law of October 2, 2007 N 229-FZ "On executive work", or the bailiff within the framework of the enforcement proceedings in proportion to the increase in the subsistence minimum for the relevant social and demographic group of the population established in the relevant entity Russian Federation At the place of residence of the person who receives the alimony, and in the absence of a specified value in the relevant subject of the Russian Federation in proportion to the increase in the subsistence minimum for the relevant socio-demographic group of the population established as a whole in the Russian Federation. (paragraph 1 as amended by the Federal Law of November 14, 2017 N 321-FZ) 2. The size of the alimony accounted for by the court decision in a solid monetary amount, in order to index them, is established by the court of a multiple of the subsistence minimum defined in accordance with the rules of paragraph 1 This article, including the size of the alimony, can be established in the form of a share of the subsistence minimum. Secondlyif you got to work on the employment contract with an earnings of at least 40,000 rubles, then your ex-spouse would be more profitable to apply to court with a claim on the basis of articles 81, 119 of the SC of the Russian Federation on changing the procedure for recovery from you by alimony, i.e. . To recover with you alimony on the basis of Article 81 of the RF IC in the amount of 1/4 (25%) per child from wages and (or) other income. In this situation, when you want to register as an individual entrepreneur (briefly - IP) on the basis of Federal Law No. 129-FZ No. 129-FZ dated 08.08.2011 "On state registration legal entities and individual entrepreneurs"She doesn't make sense to contact the world judge on the basis of Articles 81, 119 of the RF IC, as it is not known how much you will earn as an IP. So let it calmly receive an alimony from you in the amount of 7,000 rubles per month, and you about your plans about Registration as an IP does not open it. Good luck to you.

What you need to establish a fixed amount of alimony. Is it possible to make it married?

Good day. You must file a claim for the recovery of alimony by the world judge at the place of its registration or at the place of registration of the father of the child - the choice is only for you. The claim is enough to make a copy of the certificate of marriage and the birth of a child. State Duty on such matters is not paid. And in some cases, you can install alimony and on yourself! Alimony on the spouse is always installed in a solid monetary amount, usually in the amount of the subsistence minimum in the region. As for alimony to a child, according to the general rule, alimony for one child is set in the amount of 1/4 of the part of all the income of the Father. However, if the child's father does not work or receives part of the salary "in envelope", this is the basis for establishing alimony in a solid monetary amount in the amount of the subsistence minimum on the child in the region. The main thing is to properly compile and substantiate such a statement of claim that yourself, without the help of a lawyer, will be difficult for you. Contact a lawyer on our site personally, it will help to draw up such a statement of claim and will give all the necessary explanations.

Can I request fixed alimony from a former husband?

Hello Olga! You can, provided that he has an unstable changing earnings.

From the moment of appeal to the court. In executive sheet fixed amount Maybe only for the reason that such a judicial act.

Please accurate a list of documents for the recovery of alimony in court with a fixed amount. Is it necessary to collect checks and other expenses for the child (eating one by 10 pieces pulls the same, but it apparently not rolls up ...) or the amount will be offered on a minimum speed of the subsistence (about 9 to MSK like)? And how to be with my income, if I do not work for a year, but so far the pyaterochka has not returned the work (by mail, I am going to solving this situation now), whether the employment center will give a certificate (has not yet appealed to them). Thanks in advance!

Good evening. If the Pyaterochka does not return the work, then recover from the employer salary for the year. This is what no, and income. Your income certificates are not needed. The list of documents in the global court is listed on each wall. Regarding the minimal - you are wrong. If in a solid monetary amount, then accumulate on the basis of the minimum subsistence minimum on the child. This is not 9, as far as I remember, there are about 12,000. The list is simple enough. Statement of claimor a statement on the issuance of the joint venture (in the required quantity), state duty (for some), information on the income of the future of the payer of alimony (if any), documents confirming paternity, information on registration of the parties. This is quite enough. Regarding 9,000 - very biased. In the extreme process in Moscow recovered 27.

For this you do not need any documents. It all is being constructed by the court on your petition. Article 83 of the RF IC in the absence of a parental agreement on the payment of alimony into minors 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 Fully or partially 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 equity to earnings and (or) in foreign parent income is impossible, difficult or significantly violates Interests of one of the parties, the court has the right 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.

Claim. On fixed alimony.
The debtor pays alimony not in full and with delay, the last three months stopped paying at all. In 2010, the court awarded 25% of Z.P, and this is about 2500 tons. R, the case of Bully passed apartments. Until the end of 2011, the payment was transferred to the accounting department, then he quit and began to pay the transfer to the card without instructions, which is for money. Separately, the child does not help, for study, sections, for personal expenses, for medicines, for food and clothing does not give money. With the child does not communicate. Once a year changes work. But over the past two years I purchased cars, and for last year He took a mortgage. She filed a statement about the delay to bailiffs, where the debtor presented the SPR.2 of the NDFL about s / n 7000 t. R from the IP, but on the site from this IP, there are completely different salaries from 22 tons. She told the attires for the car and the apartment that a person for such an amount would not take a loan and how to live him. I asked to track the movement of cash on the accounts. What the baptized said that I should prove about the apartment and the car, what they are, about tracing. The movement of funds they do not do, there is no such right. I want to get money for a child for overdue months. And I want the alimony to be fixed and not met with 5 tr. Where to contact a disk statement. How to make it competent. And how to prove that this is not one of its income or the second part of the s / n in the envelope. And what rights to the bailiff, why I have to prove that he has an apartment and a car.

To assist in drawing up the claim, you can contact any lawyer in private messages. The size of the alimony should be justified.

You can file a lawsuit on revising the court decision on the recovery of alimony in a solid monetary amount. Black is unlikely to prove.

I need to conclude an agreement on the payment of alimony for two children with a former wife for a fixed amount. But I live in another city. Is it possible to arrange this agreement so as not to go to another city? Or are there other options?

No, no options, the agreement should be notarized, and the notary requires the presence of both sides. The conclusions of the proxy agreement is not provided.

There was a court of alimony, I filed a fixed size equal to 1 minimum wage. The court ultimately awarded 1 \\ 4 from income, which socially reduces the former content of the child. I want to succeed, but the defendant requires details from me now. Do you need to provide them now or after submitting documents?

You can provide now, it does not prevent the appeal procedure. And even if it lists you the amount before the appeal, it will not affect the result of the consideration of your complaint.

My father's father (former civilian husband) does not pay alimony. The court defined the fixed amount of Sughdle. Mroths each of twins. From the first marriage he has three children. Also waiting for alimony. Court. The baits would explain to me that once there was a legitimate wife and alimony were awarded in shares, then those children in priority. And I had a lover, the size of the alimony was awarded not in fractions, therefore, those children get 50 "/, but what will remain. Is such a statement of the bailiff?

No priorities exist - the alimony is accumulated according to the court decision ...

Required an alimony on a child in a fixed amount of money supply 7600 p Can it reduce this amount up to 1000-3000 r? Naturally relying on the possibility of the defendant. He will bring certificates about expenses. Or the initial amount of 7600 r plays some role in reducing the amount? I also wrote in the claim in the art that and where I spend and for what I was this amount. If the settlement agreement is to write to a smaller amount, then neither how to increase the size of the alimony? And in general, is there a world in terms of alimony?

By alimony, you can conclude a simple agreement, but to assure it with a notary. When making a decision on recovery of alimony in a solid monetary sum, it is better not to ask for a specific amount, but a certain percentage of the officially established subsistence minimum on the child. For example, 60-70 percent. Help from the hospital will help that, for example, a child needs a periodic treatment that the acquisition of drugs is required. Certificates of visiting paid sections and circles.

Anna, the recovery of alimony in a solid monetary amount does not depend on the salary and other income of the payer, as well as from its expenses! The cash amount of the alimony is calculated in a multiple of the subsistence minimum in the region (you have 11022 rubles per child), although you can request and your sum as you did. Up to 1000 or 3000 definitely will not reduce the court. Therefore, it makes no sense to conclude a settlement agreement in court.

My husband pays alimony to a child in a fixed amount and more interest. This is all one. He has a pension and when there is no work, the interest is removed from pension, and the fixed amount is written into debts. How can this be that a double alimony is obtained on one child?

Because it is written in Article 83 of the Family Code of the Russian Federation. According to paragraph 1 of Article 83 of the Family Code of the Russian Federation in the absence of a parental agreement on the payment of alimony in minors and in cases where the parent, obliged to pay alimony, has an irregular, changing earnings and (or) other income, or if this parent receives earnings and (or ) other income is completely or partially 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 equity to earnings and (or) in foreign parent income is impossible, difficult Or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony accounted for monthly, in a solid monetary amount or simultaneously in shares (in accordance with Article 81 of the Family Code of the Russian Federation) and in a solid monetary amount. These are not double alimony. Simply accumulate in a solid monetary amount (Article 83 of the Family Code of the Russian Federation) and as a percentage of earnings (Article 81 of the Family Code of the Russian Federation). The statement of claim in the manner prescribed by Articles 131-132 of the Code of Civil Procedure of the Russian Federation, to reduce the alimony in accordance with Article 119 of the Family Code of the Russian Federation in the presence of reason on the basis of the grounds.

Elena probably not interest, and part of the debt is repaid!? It is good that he pays a fixed amount, because if the alimony pay in percentage ratio From s / n, in the absence of work, the alimony is calculated on average s / n in Russia!

Elena, if alimony in a solid monetary amount, with non-payment of alimony to form debt equal to the size of this amount. As a result, retaining from income sources. . Types of earnings and (or) other income, of which the deduction of alimony on minor children is held.

Everything legally. In accordance with Art. 83 of the Family Code of the Russian Federation in the absence of a parental agreement on the payment of alimony on minors and in cases where 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 is fully or partially 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 equity to earnings and (or) other parent income is impossible, difficult or significantly violates interests One of the parties 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.

Can I submit to the alimony for a fixed amount of the subsistence minimum at the place of registration of the child? Baby is registered in Moscow.

A child is registered as a rule with one of the parents or with the painting of parents from others, but it depends on whether the parent is registered, the one who takes on Alimegta in Moscow.

I cry alimony fixed floor of the subsistence minimum on a child on the son of 13 years. A year ago married a girl. She disabled 1 group (does not go). I issued a guide to care for her in the amount of 1200 rubles per month.

Recently we had a daughter born. Tell me please, can I submit to the court to reduce the size of the alimony of the former wife on the Son? What is law enforcement practice in such affairs?

Thank you.

I want to sue the former husband, who in every way evades the payment of alimony into a fixed amount. Can the court satisfy my statement given that a former husband, allegedly arranged for a half-bet driver in an IP and lists me an alimony in the amount of 3800 r?

Natalia, you can ask about the payment of alimony in a solid monetary amount.

The court can take into account your wish, regardless of official salary Your former spouse and assign a fixed amount to accrual alimony.

Good day! I can help prepare documents and submit your interests in court. Thus, increase the size of the alimony in the range from 5000-10,000 rubles every month. If necessary, contact.

I get alimony to a child in a fixed amount as the unemployed (4500 rubles is half a subsistence minimum in the region). Ex-husband settled on new job With a salary of 120 thousand rubles. In another city at the other end of the country. Employment information is on the Internet, hanging on the site as an employee, goes to work. Where and how to spend the recalculation of alimony to obtain legal 25% of the salary? How to prove that it works officially? And should I prove it at all?

Arina, this prext must redirect the executive production at the location of the debtor, and already there the attract should deal with official work.

Hello. If you have a court decision on the recovery of alimony in a solid monetary amount, it is necessary to file a claim for the recovery of alimony into percentage To earnings. In court, you can declare a petition about celebration of documents-about sending a request to the FNS (on the presence of tax deductions for the employee), in Pension Fund (On the premium payment).

The court awarded a fixed amount of alimony 15,000 (instead of 25 percent), the former did not work for a year, a debt has accumulated more than 100 thousand. Now he settled and pays 7-8 thousand, the debt grows. What to do in my case so that it pays 15000+ any amount of debt.

Hello Anna, consult my own bailiff.

Hello Anna! You need to write a bailiff statement to give up a decree on the amount of debt at the moment. With this statement, refer to court to make a decision on the debt in your favor. Then submit new judicial decision In FSSP, then during the execution on a new executive list, the bailiff will be able to arrest on the property of the debtor and put it on the implementation to repay existing debt. Performance list According to alimony, it will continue to work. But you collect the bulk of the debt on a new executive production. In practice, it is so faster to recover the debt by alimony. The main thing is close to cooperate with bailiffs. Wish you luck!

The court appointed an alimony in a fixed amount from November 19. The amount is divided by the number of days remaining this month or the amount must be listed.

Hello. The listing must be exactly in the amount specified in the court decision.

Can I submit to alimony in a fixed amount if the child's father works officially, but it has an additional income that exceeds its salary.

Sure you can. But at the same time, you need evidence that your father has additional earnings. Certific testimony can be seen.

First, you must submit an alimony in percentage, which are accumulated from all types of income. Now, if you do not pay, or will not have a constant income, then it will be possible to apply for a change in the procedure for payment of alimony from percent on a solid summary.

If there is a voluntary agreement on the payment of alimony in a fixed amount, but the amount ceased to arrange me, since the income of the father increased whether the size of the alimony can be challenged and recalculated them over the past periods.

It is possible to revise the amount of alimony as an additional agreement and on the court order and the court decision. On the issue of recovery from the debtor of alimony, more than indicated in the agreement depends on the text of the agreement and the size of the debtor's earnings, in accordance with the requirement of the RF IC.

In addition, the duty to maintain minors prescribed in the Family Code is unconditional and does not depend on the presence of parents necessary for this income. So such alimony can be appointed, even if you pay them nothing. Someone such a rule will seem unfair, but it makes the negligent fathers and mothers to look for ways to make money so as not to be in the end under criminal responsibility for non-fulfillment of their responsibilities to ensure minor.

Fixed alimony

But what about indexation?

The appointment of fixed alimony faces some difficulties, since the value of money is constantly changing, and that amount that has been appointed to a child in 5-10 years old by the time its majority may be too small. Regularly reviewing its size at court sessions is not the best decision, so its size can be indexed.

According to Art. 117 SC RF, clause 2The size of the alimony is set in fractions from the subsistence minimum and indexed in accordance with its growth.

Application for indexation

Usually, the application for indexing alimony for the past period is filed in one claim with the requirement to appoint them. In this case, it is enough to write a link in the claim not only to 83, but also by 117 an article, and the requirements for the list themselves in the form of a list. In the first paragraph, you ask to appoint alimony, in the second - the procedure for indexing.

Download a sample application.

Conclusion

Although parents often try to evade the payment of alimony and give the content of children at all of the wrong amounts that could, the legislation of the Russian Federation raises the interests of minor priority. The appointment of alimony in a solid monetary amount is one of those tools that helps to preserve the children's sufficient level of material support, regardless of the conflicts of parents and their unwillingness to pay. Alimony to one and a half or two thousand rubles are paid solely on the legal illiteracy of mothers and fathers who cannot defend the interests of their children.

What is alimony in a solid monetary amount

Alimony in a solid monetary amount is an alternative way to recovering alimony, unlike share order It is determined in a specific monetary amount, which should be more than the subsistence minimum.

In general, the alimony accumulates in shares to earn the debtor. To recover alimony in a solid amount, compliance with the Special Conditions listed in Article 83 of the Family Code of the Russian Federation:

• in cases where recovery in shares is impossible, it is difficult or significantly violating someone's interests;
• if the payer has no income;
• if the payer of the alimony receives revenues with products or goods, other in kind;
• if the payer of the alimony is seasonal or changing income, which is typical for seasonal workers, creative workers, entrepreneurs; If the resulting income is paid by foreign currency.

Another case of recovery of alimony in a solid amount will be the situation when children are divided between parents. In such a situation, alimony accumulates only with a more secured parent.

It should be noted that the recovery of alimony in a solid amount is an exception to the rules. In general, recovery takes place in the share of the court order.

How to determine the size of solid alimony

The plaintiff must indicate such an alimony in accordance with such an alimony, which in his opinion will be able to provide the child the necessary level of content.

Such conditions should be taken into account so that money is enough for food, clothing, casual things, toys, tutorials and accessories for a child. If the child is engaged in circles and sections, receives additional education in a music or art school, additional education costs should also be taken into account when determining the level of content. If a child has diseases. requiring costs for treatment and maintaining health is worth considering such expenses. However, it is not necessary to make assumptions about the possibility of future costs that may appear upon the occurrence of any additional circumstances, the court will not accept such arguments.

The plaintiff should be taken into account its income level, since it should be involved in the content of common children with the defendant. However, with a significant difference in income, it is possible and necessary to place the main costs of a more secured parent.

The easiest way to determine the size of the alimony in a solid amount in cases where earlier the parents of the child lived with one family and fully carried all the costs of the child. In this case, the principle is valid according to which, when determining the size of the alimony in a solid monetary amount, the Court tries to maximize it possible to preserve the child's previous level of its collateral.

After the calculation of all monthly expenses for the child is made, it is necessary to evaluate the current marital status and the income level of the future payer and the recipient. For example, in such a situation when children from a new marriage appeared after the divorce of the child, and the income fell significantly, it is obvious that he cannot provide the child to the previous level of its collateral, in such a situation the court will look for the balance in the possibilities of the father and the needs of the child .

The court determines the amount of alimony in a solid monetary amount to a multiple of the subsistence minimum for children established in the relevant entity of the Russian Federation at the place of residence of the person who receives alimony. If the subsistence minimum in the subject of the Russian Federation is not established, then the cost of living for children in Russia is applied.

The subsistence minimum is set quarterly, with some delay. To determine the size of the alimony in a solid amount on children living in Moscow, the courts use the following values: http://base.garant.ru/998975. For other regions, you need to look at the search for appropriate decrees. In general, in Russia, the size of the subsistence minimum can be viewed here: http://base.garant.ru/3921257. Courts apply the last installed digit, even if the solid alimony is set later.

With a change in the subsistence minimum, the size of the alimony accounted for in a solid monetary amount is subject to indexation, which on its own, by virtue of the law, is carried out by a bailiff or an organization at the place of work of the debtor.

How to make a statement of claim for alimony in a solid monetary amount

When drawing up a claim for alimony in a solid monetary amount should be guided general conditions drawing up claims for the recovery of alimony and rules for determining their jurisdiction.

In the text of the claim for recovery of alimony in a solid monetary amount, it is necessary to justify why the alimony needs to be recovered in the firm sum, and not in shares.

The claim for the birth of children's birth is attached to the claim, a certificate confirming the registration of a child together with the plaintiff, the revenues of the plaintiff and the defendant (on the respondent - with such an opportunity), documents on the presence (absence) of marriage between the parties.

The most difficult moment will substantiate the conditions for obtaining alimony and determine the amount of the amount imposed. To justify the amount, specify the maximum possible conservation of the child for the previous level of its provision, taking into account the material and family status of the Parties and other circumstances that take attention. It will be correct to make an arithmetic amount of the amount by attaching it to the claim.

Submission and consideration of the claim for alimony in a solid monetary amount

The statement of claim for solid amount alimony is filed by the magistrate. The plaintiff has the right to choose a global judge at its place of residence or at the place of residence of the defendant (payer of alimony).

Requirements for the recovery of alimony in the solid sumsage of the world judge. The choice of the magistrate, at the place of residence of the plaintiff or the defendant, is the right of claim. The plaintiff was exempted from the payment of state duty when a claim for the recovery of alimony in a solid monetary amount.

After making a claim for the production of the global judge, the court session will appoint a court hearing, which will establish the validity of the requirements of the formation of alimony in the firm sum. In the absence of grounds for this, the judge will decide on the recovery of alimony in fraction of earnings.

Consideration of the claim for alimony in a solid monetary amount occurs at the court hearing, where the world judge will invite the plaintiff and the defendant. The plaintiff will be asked to substantiate the requirements for the recovery of alimony in the firm amount, to provide evidence of the necessary spending on the child, show their income. The defendant will be invited to explain to evade the child's content and submit evidence of its material and marital status. According to the results of the consideration of the case, the court decision is made. The parties have the right to appeal the decision within 1 month on appeal. After the expiration of the appeal, the decision enters legal force and shall be executed.

Decision of alimony in a solid amount

The recovery of alimony in a solid monetary amount is possible only when applying for a statement of claim. There is no order in this case in this case, which means that the judicial order for alimony in the firm sum of the world judge will not lead.

The decision on the recovery of alimony in a solid amount will be indicated from what reason the alimony is charged (usually from the date of filing a claim on the day of the child's majority). A specific amount will be determined in rubles, indicated, as this amount is more than the subsistence minimum. The frequency of recovery of alimony is determined. At the same time, monthly payments are usually indicated, however, in cases where the response has no income and prospects for their receipt, but there is a way of meeting the requirements for which you can pay for the recovery.

Transition to solid alimony

In life, there are often situations when citizens change material or marital status and recovered alimony in fractions to make earnings can no longer ensure a decent existence of a child. How to go from one type of alimony to another and recover alimony in a solid monetary amount?

There is nothing complicated here. This is an ordinary question. which is often considered in court. It is enough to make a new claim for alimony in a solid monetary amount and submit it to court in common order. Additionally, the statement indicates the previous recovery of alimony and changing the life situation by applying a copy of the court decision as an annex to the claim. In all other respects, the procedure for the preparation, filing and consideration of the claim will be similar to the considered.

Sample of the claim for solid alimony

When preparing a claim, you can use the submitted sample application for alimony in a solid amount by filling out it in writing or in print. Specify your data. Describe the whole situation in detail. If you have questions about filling the sample

Download Sample Application:

Regulatory framework for solid sum alimony

Family Code of the Russian Federation Revision 2018:

Article 83. Recovery of alimony on minor children 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.

1. The bailiff, as well as an organization or other person who sent an executive document in the case of the established part 1 of Article 9 of the Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings", produce indexation of alimony, divided by decision The courts in a solid monetary amount proportional to the increase in the subsistence minimum for the relevant social demographic group of the population established in the relevant subject of the Russian Federation at the place of residence of the person who receives the alimony, in the absence of this indexation in the relevant entity of the Russian Federation in proportion to the increase in the subsistence minimum For the relevant socio-demographic group of the population as a whole in the Russian Federation.

2. The size of the alimony accounted for by the court decision in a solid monetary amount, in order to index them, is established by the court of a multiple of the subsistence minimum, determined in accordance with the rules of paragraph 1 of this article, including the size of the alimony can be established in the form of a share of the subsistence minimum.

Questions about the claim for alimony in a solid monetary amount

How can I write a claim for the payment of alimony in a solid monetary amount? My son is 11 years old, father pays 1/6 of the salary. There is not enough money.

Describe your financial situation in detail, the composition of the maintenance costs of the child, attach documents about the size of the alimony in the last year. I think that the court will be on your side.

I have 2 children from the first marriage, divorced. The former husband is constantly in search of work at the employment center, from there are meager alimony. Can I submit to alimony in a solid summary, and what is the likelihood of winning a matter?

When recovering alimony in a solid monetary amount, the court will take into account the material situation of the payer and the recipient of the alimony. If we prove that the defendant can pay more than now that he has money or property, then there are more chances to recover. Although, judging by your description, getting from it large sums Unlikely. But in general, you should have the whole situation more clearly. There are always chances to get more.

I would like to ask if we have a minimum fixed amount of alimony, such as the minimum cost of living?

All information on solid monetary amounts is provided in this article. If the husband is officially employed, then you can collect alimony in a solid amount when proof that its income is higher than those of which alimony is paid. There is no lower limit of alimony, they are tied to the subsistence minimum, but may be lower.

Good day, please tell me if there is a judicial order about the alimony and it is in the executive production at the bailiffs at the place of residence of the defendant, I live with the child, and I would like to file a statement of claim for the establishment of a solid monetary amount of alimony, but in my place of residence , What do I need to do for that?

Write the statement of claim for alimony in a solid monetary amount for this sample. In the text of the statement, indicate that the alimony is charged on the court order, why you consider it necessary to change the penalty from the equity attitude to the firm summary.

Everyone heard that such a type of payments were provided as alimony in a fixed amount. Some individuals who are going to submit documents to courts in order to hold the necessary either to ensure that they personally, or on the content of some close relatives, are lost in doubts about whether funds will be charged with the help of a solid monetary amount or percentages from income.

In this regard, we propose in detail to dwell on and 117 of the Family Code, which exhaustively describe the procedure for the provision of alimony appointed as a fixed amount.

If an individual, which is currently a representative or a parent of a minor child, is trying to achieve accruals for him by alimony compensation, but doubts that in a fixed amount or not they will be provided, we advise you to dispel the guesses of such a kind with the help of Article 83 of the SC of Russia. It is this law that is enacted for the regulation of such a procedure as deduction.

Attention! In addition to the alimony laid for children in a fixed amount of payer income, payments of this kind can be held for other relatives (mothers, fathers, wives, husbands, grandparents and so on). The accrual of payments of this kind should occur in a solid monetary amount.

Procedure for recovery

If the parents of children are engaged in the design of alimony without the intervention of the judge, namely, enter into a notarial agreement, then choose the form of granting payments they have the right to independently. If we cannot do without applying to court instances, then the employees of the executive bodies prescribe a particular form of benefits. The fixed amount of alimony is used in such situations:

• If the income of the payer is non-permanent.Sometimes individuals due to diverse circumstances may not have regular earnings, but changing. Then, if with a parent who has income of this kind, to start collecting alimony as a percentage, then every month the child will receive different amounts, and sometimes remain without cash.
• If a wages The payer is issued not in rubles. Some parents either work in organizations outside the Russian Federation or just get material resources in foreign currency. Since the currency rate is inclined to regular changes, then in shares from profits in this situation will be incorrect.
• If the payer enters the circle of unemployed individuals. If the parent, who is obliged to provide an aliminal support to his children, is unemployed, but, for example, has additional informal sources of income, then calculate it cash It will be quite problematic. Therefore, in such a situation with a potential payer, they are not removed, but simply assigns the recovery of compensation in a fixed size.

Additional nuances

Sometimes, if the award of such an alimony form, as percentages of income, greatly violates the interests of some individual, and without the difference the defendant is, the plaintiff or the child itself, then another type of recovery is applied - a solid amount of money. In addition, in special cases a mixed form of alimony can be installed, namely the percentage of profits plus some fixed size of the material tools.

Also in Article 83 of the RF IC reflected several more important momentsWith a direct attitude to a fixed size of aliminal payments. We are talking about the following aspects:

• The amount of payments.What amount will be listed to the child cash compensation, solves an exclusively judge. The factors affecting his decision are material, as well as the marital status of each parent. In any case, the judge will try to appoint such an alimony amount that will mostly satisfy the needs of the child.
• Special situation. In some rare cases, married couples that have two common minor children, with a divorce, make a decision to leave for a child. Then the question automatically arises on the topic of what child you can recover alimony benefits in the form of a solid sum. The answer is quite simple - for the child who remained on the care of a parent who has a smaller size of earnings.

Article 117 of the Family Code

Since the validity period judicial orders, or alimony agreements are quite long and, as a rule, it is counted from the date of issuing a document and until the child achievement of eighteen years, then over time, the previously established fixed size of the alimony will cease even to meet the most basic vital needs. In connection with this current legislation, such a process was envisaged as indexing legislative act SC of the Russian Federation under No. 117.

Rules for conducting indexation

In the first part 117, the articles of the Family Code said that if, according to the standards 47, the article of the Federal Law under the number 229, which came into effect on the second October 2007, can be carried out, then the executive officers are responsible for its implementation, or other organizations or Individuals who received this executive list.

The indexation is made in the following way - to begin with, in which part of the Russian Federation, an individual who receives alimony also has, and then establishes how the size of the subsistence minimum for citizens belonging to this social category has increased. The magnitude of the alimony is adjusted directly in proportion to the figure that the cost of living has increased.

It should be noted that it may be that for a subject of the Russian Federation, a specific amount of the subsistence minimum may not be adopted. In such cases, this indicator is taken by such that acts in general in Russia.

Initially, the amount of alimony, which in the future will be held in the form of a solid sum of money, is determined in the amount of a multiple of the subsistence minimum. This happens according to the rules of the first paragraph of Article 117 of the SC of the Russian Federation with the goal so that further alimony could be indexed. However, the fixed amount of alimony benefits in some situations can be determined and in the form of some part of the overall size of the subsistence minimum.

If a individualsStarted by alimony obligations through the agreement, it is necessary to index payments, this process will be implemented only with the participation of the notary. The same applies to cases where the recipient and / or payer is required to adjust some provisions of the contract or cancel. Moreover, it is possible to make one of the listed actions only if there is consent to both parties.