In Russia, there are two main forms of alimony collection: regular and fixed. Alimony in solid sum of money act as an exclusive payment option in order to provide for the baby. The collection of alimony in a fixed amount of money is based on the indicators of the children's regional subsistence level. Average at the beginning of last year at the federal level it was 9776 rubles. In general, the entire procedure is determined by the norms of the RF IC.
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When are fixed payments used?
The key feature of fixed payments is that they are assigned only in extreme cases - in the absence of the possibility of making regular payments.
Moreover, they are set in multiples of the regional subsistence minimum. Moreover, the SM indicator is taken into account for a separate social group in the region, namely children. If for some reason there is no such indicator in the subject of the Russian Federation, then federal norms are taken into account.
Fixed alimony are also appointed for the maintenance of adult, but disabled offspring, providing a spouse caring for joint children up to three years old.
Attention! To apply for fixed payments, you need to file a claim for recovery in the world court.
Conditions for calculating fixed alimony
In order for the judge to set a fixed amount of maintenance payments, certain conditions must be met.
It does not require any specific active actions from the applicant. It is enough to prove that the defendant cannot pay money for child support in the usual way.
For minors, according to Art. 83 of the RF IC, establish fixed payments in the absence of a notary agreement, and if the alimony:
- has a dynamic, unstable, intermittent income;
- receives income in kind or payment in foreign currency(fully or partially);
- not officially employed;
- and also when maintenance payments in shares of earnings significantly violate the interests of the child or the 2nd parent.
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Payments for an adult
To issue a fixed alimony for an adult offspring, it is required for the latter:
- the presence of 18 years of age;
- recognition of his disability;
- confirmed need for external assistance;
- lack of formal employment.
All this must be documented in court.
Attention! Any child support is prescribed if there is no notarized agreement on alimony between the parents, and the payer reliably evades his financial obligations.
Alimony to the spouse
Fixed alimony for the 2nd spouse (regardless of his status - married or divorced) is prescribed if:
- the woman is pregnant or is raising a joint child under three years of age;
- such spouse is found to be in need of support and cares for the joint disabled child up to 18 years old or disabled since childhood I gr. for life.
Content design
For Documentation required for alimony support:
- a photocopy of an identity card;
- a photocopy of the child's birth certificate;
- a photocopy of the marriage certificate, the act of annulment of marriage;
- address certificate for the defendant;
- calculation of maintenance amounts;
- documentary evidence of the existence or absence of real permanent income from the defendant;
- supporting documents for maintenance costs.
All this is attached to the claim filed in the Magistrates' Court.
Advice! The plaintiff personally decides in which court he will apply. You can file it where the defendant or plaintiff lives.
At the end of the process, the court issues a ruling that determines the amount of penalties. After the entry into force of the court decision (if it is not appealed, then this happens after 1 month), a writ of execution is issued. The latter is transferred to the FSSP at the place of residence of the defendant.
After the bailiff initiates enforcement proceedings and take appropriate procedural measures within it, the actual collection of funds will begin.
Amount of fixed alimony
There are several options for determining the amount of fixed alimony:
- The volume is set as a multiple of the regional subsistence minimum.
- In the absence of the cost of living - the size of the federal cost of living for children.
- A combination option is possible: a combination of two forms of collection.
The court in any situation should try to keep the previous (preceding divorce, separation of spouses) level of child support to the maximum, therefore, the current marital and financial situation of the parties is taken into account. As well as the living conditions of a child in marriage or in the presence of the family both parents.
The judge determines the amount of monthly payments:
- examining the materials of the case at the disposal of the court;
- after listening to the oral and having studied the written positions of the parties.
In practice, documents confirming the instability or complete absence of the payer's income play an important role.
Important! The plaintiff, applying to the court, is obliged to provide a calculation of the amount of alimony, as well as justify the need to assign just such an amount. It is in the interests of the plaintiff to submit to the court the maximum number of information on the problematic nature of the defendant's income.
Unscrupulous parents often submit false certificates with underestimated or other fictitious income to the court. And in the absence of reliable counterarguments of the plaintiff, the court appoints payments based on the data received. Since the court does not independently collect evidence and draws conclusions based on the information provided by the parties.
Therefore, the plaintiff is directly interested in collecting up-to-date information about all sources and options for obtaining the defendant's income. If he cannot do it on his own, then you can always contact a lawyer or a detective agency.
The lawyer has the right to conduct a lawyer's investigation, in which he can find out the maximum information about the payer. As for the detective agency, they can also get the information you need.
Important! When assigning alimony, the court takes into account the marital status of both parties. And if the alimony has new family with children, then you should not count on an increased amount of payments. Under such circumstances, they will be minimal.
Pros and cons of permanent transfers
The main plus of "solid" alimony is the ability to recover money in excess of a percentage of minimum income provided for by the RF IC RF. For example, the average amount of alimony in Russia is 6250 rubles.
But there is also a reverse option. Especially when it comes to earning in foreign currency.
Indeed, under such circumstances real income payer can be very high. But due to the fact that the alimony receives payment not in rubles, but, say, in dollars or euros, the court cannot recover funds in percentages or shares of such earnings.
And assigns security depending on the subsistence level. What could be substantially less than what a child could expect if Russian legislation permitted the collection of foreign funds.
Minus - the complexity of the recovery process. Only litigation is allowed here. It is impossible to get a warrant.
Another significant disadvantage is the lack of uniformity judicial practice on this issue both throughout the country and in individual cities within the same region. But this is not only a problem for such a legal issue. The Russian Federation, in principle, is distinguished by a large variety of interpretations of the rules of law and various variations of law enforcement.
By the way, one of the latest trends is a large number of refusals to assign alimony in a fixed format due to the lack of evidence for the need for this. Most often this is due to the fact that the defendants have side earnings, which can be documented.
Therefore, before going to court with such requirements, you should carefully study the sources of income of the potential payer and make sure that he does not have side or passive income.
Attention! If the payer has unstable or atypical earnings for the Russian Federation, then the recipient does not have a choice of the form for collecting payments. Therefore, it does not really matter whether such a method has a large number of pluses or minuses. Since there are no other options here anyway.
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Alimony for providing the child with everything necessary can be appointed by the court in two versions: as a share of the earnings of one parent and as a sum of money of a certain amount, transferred monthly by the payer.
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Case Studies
All cases on the appointment of alimony are considered by the court individually, the decision is made based on the specific situation established in the family.
Partial satisfaction of the claim
Citizen A applied to the court in 2014 with an application for the appointment of alimony for her minor daughter born in 2010 from ex-husband, citizen B. In the application, citizen A indicated that since 2012 she and her husband have been living separately, and since 2013 they have been officially divorced. All this time, she did not receive any financial assistance from her ex-husband for the maintenance of the child and independently provided her daughter with everything necessary.
Citizen A, in her application, demanded the appointment of alimony in a fixed amount of money on the basis that citizen B is individual entrepreneur and has an unstable income and also receives part of the income in kind.
The woman asked for alimony in the amount of three living wages, indicating that this is how much she spends on food, clothes, kindergarten fees, medicines, toys and organizing her daughter's leisure time. In addition, citizen A asked the court to recover, since at that time her husband did not live with her and did not take part in the upbringing and maintenance of the child.
The court listened to the testimony of citizen B, considered the documents provided (in particular, the birth certificate of the child) and decided to satisfy the claim of citizen A in part.
Alimony was assigned in a fixed amount, since citizen B does have an irregular income. The payment was assigned in the amount of 1.15 subsistence minimum per minor in the region, since the defendant agreed to pay this amount, and citizen A did not provide documentary evidence that she spends more on a child.
The court refused to collect alimony for the past period, since citizen B provided a receipt for the monthly receipt of money from the defendant for the maintenance of the child, written by citizen A in 2013.
Also, on the basis of the plaintiff's request, the court decided to pay the state duty for the consideration of the case to the defendant.
Citizen E applied to the court for the recovery of alimony in a fixed amount from citizen N, with whom she was married from 2008 to 2013 and has two children born in 2009 and 2011. Citizen E indicated in her application that earlier the court ordered alimony in the amount of 1/3 of the salary of citizen H, but this amount is clearly not enough to support two children.
In addition, citizen H is engaged in part-time work (in addition to the official work as a janitor, he is engaged in installing plastic windows) and has income from which alimony is not collected. Citizen E in the application asked the court to establish alimony in the amount of 50% of the subsistence minimum for each of the children.
The court considered the submitted documents, listened to the witnesses and decided to dismiss the claim. The reason for the refusal was the presence of a permanent place of work for the defendant, his receipt of a regular income, as well as the lack of documentary evidence of his additional earnings.
The magistrate concluded that the plaintiff's claims were due to the receipt of previously awarded alimony in full and the attempts of citizen N to evade paying the full amount of alimony (in the amount of 1/3 of all types of his income, as previously decided by the court).
That is, the problem is not in the amount of alimony, but in the defendant's desire to hide income. This issue is dealt with by the bailiffs and the prosecutor's office. The earlier decision of the court remained unchanged, and the defendant has the right to appeal the results of the meeting within 10 days.
The plaintiff, citizen D., applied to the court for the appointment of alimony for the maintenance of two young children and herself from her former spouse, citizen T. Since citizen T did not have a permanent job and at the same time paid alimony for the maintenance of a child from a previous marriage, the plaintiff asked to appoint alimony in a fixed sum of money in the amount of 0.5 of the subsistence minimum for herself and in the amount of the subsistence minimum for each of the children.
After reviewing all the submitted documents and interviewing witnesses, The court ruled that the claim should be satisfied in full.. The basis for this decision was: the lack of a permanent place of work for the defendant, the presence of maintenance obligations in relation to the older child, documentary evidence of the plaintiff's expenses for children (citizen D provided the court with checks from shops and pharmacies collected within one month).
Because the appointment of alimony in a shared amount would significantly affect the interests of children(the amount received would be extremely small and would be transferred irregularly), the defendant did not have a permanent place of work, the court ruled to pay fixed amount alimony.
Court rulings and legal advice
There are many websites on the Internet that you can read court rulings and even get clarifications from lawyers regarding the appointment of alimony in a fixed amount of money. You can search for such information on the forums. For instance, .
Find case files and expert advice You can on women's forums and sites dedicated to motherhood.
Websites of companies and private lawyers providing various legal services post on their pages materials of cases considered 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 necessarily have information on all cases considered, including alimony issues.
As well as options for the court to consider cases, questions from citizens and comments from lawyers can be viewed on special legal portals, for example, on a social network for lawyers.
In any case, the court makes a decision that guarantees the best interests of the child.
Parents can use examples of court orders to prepare for court session to provide complete information and avoid misunderstandings.
But multiple doesn't mean equal. A fixed monetary amount of alimony can be either 2 or 1/10 of the subsistence level. How to challenge alimony in a fixed amount of money To challenge the court's decision to establish alimony in a fixed amount of money, you need to file a counterclaim with the court, in which you provide the court with evidence that the plaintiff provided false information or presented false documents. Changing the amount of alimony The amount of alimony payments may be revised upwards or downwards at the initiative of the payer or recipient of the alimony. The reason for this may be a change in financial or marital status. An increase or decrease in the fixed amount of alimony is made in judicial order.
Alimony in a fixed amount
The defendant is the mother (father). Children (child) live with me at the address and are (-its) on my full material support. The defendant is not involved in the provision of children (child).
It was not possible to make a general decision on the payment of alimony, an agreement on them was not concluded. I believe that the defendant is obliged to pay alimony for the provision of minor (s) children (child) in my favor in a fixed amount, because (the circumstances that are provided for in Art.
Info
SC, allowing to determine fixed payments for maintenance). The establishment of such a deduction will ensure the stability of the maintenance of children (children), eliminate difficulties in establishing the amount of subsequent payments, compliance with the proportionality received by children (children) financial assistance and payer options.
At cohabitation with the respondent for children (child) we spent an average of p.
What is alimony in a fixed amount of money
To lump sum alimony corresponded to the real financial capabilities of the payer, in addition to official certificates, any evidence of his solvency is needed.
- Justification of expenses for the maintenance of the child;
- Calculation of the required fixed amount of alimony with evidence attached: receipts for the purchase of food, clothes and shoes, receipts for payment for basic and additional education, tutoring services, medical card with medical reports and prescriptions, receipts for the purchase of medicines.
In a statement of claim, it is worth filing a petition for the collection of alimony before the completion of the trial. This is necessary in order not to leave the child completely without a livelihood, if trial will drag on.
The accrual of alimony begins from the moment the claim is filed. In some cases, it is possible to collect alimony for the past 3 years.
Child support in a fixed amount of money for 2018
Important
Pros and cons of permanent transfers The main plus of "solid" alimony is the ability to collect money in excess of a percentage of the minimum income provided for by the RF IC. For example, the average amount of alimony in Russia is 6250 rubles.
But there is also a reverse option. Especially when it comes to earning in foreign currency. After all, under such circumstances, the real income of the payer can be very high.
But due to the fact that the alimony receives payment not in rubles, but, say, in dollars or euros, the court cannot recover funds in percentages or shares of such earnings. And assigns security depending on the subsistence level.
Attention
Rules and procedure for collecting alimony in a fixed amount of money
The main expenses for providing for children include:
- Food;
- means of children's hygiene;
- clothing and footwear;
- toys and educational games.
In addition to the main costs, there are also additional costs, as well as those arising under a number of circumstances:
- purchase of medicines;
- payment for sessions of medical therapy: massage, swimming, warming up, physical therapy, etc.;
- payment for a voucher to a sanatorium, in which the child needs rest according to medical recommendations;
- entertainment costs: going to the park, cinema, zoo, all kinds of paid attractions, etc.;
- purchase of household items: children's furniture, bedding.
In the list of expenses for a child who without fail attached to statement of claim, absolutely all regularly incurred costs must be indicated.
Calculation of alimony in a fixed amount of money
It does not require any specific active actions from the applicant. It is enough to prove that the defendant cannot pay money for child support in the usual way.
Maintenance of minors For minors, according to Art. 83 of the RF IC, establish fixed payments in the absence of a notary agreement, and if the alimony:
- has a dynamic, unstable, intermittent income;
- receives income in kind or payment in foreign currency (in whole or in part);
- not officially employed;
- and also when maintenance payments in shares of earnings significantly violate the interests of the child or the 2nd parent.
Important! Any of the above may serve as a basis for the court to order fixed alimony for a minor. Otherwise, they are appointed in shares of the payer's earnings.
Alimony in hard cash
Main features Determining the amount of alimony in a fixed amount of money is not carried out in accordance with the amount of income or earnings of the parent, but a multiple of the subsistence minimum. For each region, as a rule, its own indicator is set.
If a fixed amount is not indicated, then the calculation of alimony in a fixed amount is carried out according to the all-Russian subsistence minimum. This indicator is set by the Government of the country. On average in Russia at the beginning of 2015, alimony in a fixed amount of money amounted to about 7920 rubles.
When is this payment due? There is a certain procedure in accordance with which you can demand alimony in a fixed amount of money. Conditions for the application of this right for minor child provide for an agreement between the parents.
Alimony in a fixed amount of money - features of accrual and collection
The initiative to change the usual amount of payments can be made by any party, both the mother-recipient and the father-payer. Circumstances under which the payer may reduce the amount of alimony:
- serious illness, disability;
- decrease in earnings;
- the birth of new children, whom he must also provide;
- the emancipation of the child and his provision for himself.
Regardless of how the former spouses agreed on the payment of alimony - voluntarily or involuntarily - the amount must not be less than that required by law. Failure to comply with payment standards is fraught with debt accumulation and administrative penalties. In addition, it is important for a mother to understand what kind of financial assistance she is entitled to apply for with her children, and for this you need to be able to correctly calculate maintenance payments.
Alimony as a percentage of salary
The procedure for calculating alimony depends on the type of employment: with constant earnings, deductions are made in a share equivalent. One child is entitled to 1/4 of the father's income, two - 1/3, three or more - up to half.
The share is determined based on the total number of minor children, regardless of whether they were born in the same family or in different ones. An only child will receive 25% of the father's salary until the birth of a stepbrother or sister in a subsequent marriage, after which his share will be reduced to 16.67%. Recalculation is possible only after the father applies to the court with an appropriate application.
Sources of income from which alimony is withheld:
- salary, including all bonuses and allowances;
- dividends and shares;
- business income;
- rental income from premises;
- pensions and scholarships;
- royalties;
- temporary disability benefits;
- unemployment benefits;
- monetary allowance of military and civil servants;
- income of convicts and persons undergoing treatment in psychiatric and narcological clinics.
Alimony is withheld from net amount income, i.e. after tax deduction. If the employee's salary, taking into account bonuses, was 60,000 rubles, then the accountant first subtracts 13% income tax, and only then - from the remaining 52,200 rubles. - Alimony part.
Also recognized as income property deduction, which is returned from the state treasury after the acquisition of housing. The easiest way is if the deduction is provided by the organization: then from wages employee is not withheld by personal income tax, and alimony is calculated from the full amount. If the money is transferred by the tax authority on the basis of the annual declaration, then it is very problematic to oblige the former spouse to pay the maintenance share, because. the mother of the child may not even guess that he receives them.
Examples:
- Petrov A.A. pays child support for two minors. The salary of an employee is 36,000 rubles. After deducting personal income tax (36,000 - 13%) net income equal to 31,320 rubles. For two children, 33.33% is kept, which is 10,440 rubles. If the children were born in the same marriage, then the amount is transferred in full, if in different ones, then each is due 5220 rubles.
- With the same salary Sidorov I.I. pays alimony to his only son - he receives 25% of his father's income, which is 7830 rubles.
- Their colleague Ivanov V.V. receives a property deduction at the place of work, and personal income tax is not withheld from him. With an income of 36,000 rubles. he pays 9,000 rubles per child. per month.
Alimony in hard cash
This method of calculating alimony is used in cases where a citizen:
- does not have an official or regular source of income;
- receives wages in foreign currency or in kind;
- fulfills the obligation to support the former spouse or disabled relatives.
The amount depends on the subsistence minimum in the region, the parent's solvency and other factors. There is no exact formula, and it is very difficult to predict in advance how much the court will eventually assign.
Alimony in a fixed amount of money is subject to indexation at each quarterly increase in the cost of living. Alimony up to 25,000 rubles. indexed at the place of work of the payer, above - by the employees of the FSSP.
Example: Ivanov A.A., who lives in St. Petersburg, pays alimony in the amount of 1.5 times the subsistence level. How is the amount of payments indexed?
- Q2 2016: 9,986.20*1.5 = 14,979.30
- Q3 2016: 10,072.10*1.5 = 15,108.15
Alimony for an incomplete month: how to calculate
Withholding alimony begins from the date indicated in the writ of execution - it can be any, therefore, in accounting practice a common question is how to correctly calculate the amount for an incomplete month.
The method of calculation is not specified by law: it can be calculated both on working days and on calendar days. However, the second option is more often used, since alimony is withheld not only from wages, but also from vacation pay, as well as temporary disability benefits. The actual wage is divided by the total number calendar days months and multiplied by the number of calendar days from the date specified in the writ of execution.
Example: Employee Kuznetsov A.A. ordered to pay alimony from November 16 in favor of minor son. Wages for November amounted to 43,300 rubles. The calculation for an incomplete month looks like this:
- Net income: 43,218 rubles. - 13% personal income tax = 37,600 rubles.
- Income per calendar day: 37,600/30 (number of days in November) = 1253.33 rubles.
- Income for an incomplete month: 1253.33 * 15 \u003d 18,800 rubles.
- The amount of alimony to be withheld: 25% of 18,800 rubles. = 4,700 rubles.
Alimony in a fixed amount of money for an incomplete month is even easier to calculate: just divide it by the number of days in the current month and multiply by the number of calendar days from the specified date.
Example: The above-mentioned employee Kuznetsov A.A. from November 16, he must pay monthly alimony in favor of his ex-wife in the amount of 9,500 rubles. Calculation for an incomplete month:
- Alimony for a calendar day: 9500/30 (number of days in November) = 316.67 rubles.
- Number of days in incomplete month: from 16 to 30 November = 15
- The amount of alimony to be withheld: 316.67 * 15 \u003d 4,750 rubles.
Calculation of maintenance debt
Alimony debt can be formed either by accident, due to an accountant's mistake, or as a result of a parent's intentional refusal to transfer Money. The latter is fraught with strict penalties: last year the government tightened control over the fulfillment of alimony obligations, and, in addition to administrative responsibility, the non-payer is threatened with deprivation of a driver's license and restriction on traveling abroad.
Bailiffs are responsible for calculating debts, including debts under voluntary alimony agreements. The method depends on how the payments were calculated.
- If the parent pays alimony in shares of wages, the FSSP employee requires a certificate from the debtor of income from the place of work for the past period. Based on income data, the bailiff determines the amount of debt, taking into account penalties and fines. If necessary, he himself can make a request to the organization where the employee is employed.
- In the absence of data on the amount of wages, the average wage for the Russian Federation is used to calculate the debt - in 2017 it is higher than 36,000 rubles. It is much more profitable for a debtor with a lower income to provide the bailiff with documents from the place of work.
- Alimony in a fixed amount of money is subject to indexation in proportion to the increase in the subsistence minimum in the region during the entire period of non-payment.
Example: Citizen Petrov V.V. in the period from July to December 2016, he did not pay child support for two children.
a) at the request of the bailiff, Petrov provided a certificate of income in the amount of 27,000 rubles. per deduction of personal income tax. Monthly deductions in favor of minors amount to 1/3 of income = 9,000 rubles. total amount debt for 7 months - 63,000 rubles.
b) Petrov was unable to present a certificate of employment, and the calculation was based on the average salary in the Russian Federation of 36,000 rubles. Total debt: 12,000 * 7 = 84,000 rubles.
Penalty for violation of payment terms or non-payment of alimony - 0.5% of monthly amount for each day of delay. You can recover the penalty through the court by filing a claim.
The penalty is not charged in cases where the delay in payment occurred through no fault of the payer:
- delayed wages;
- mistake of an accountant or bank teller;
- lack of income due to disability;
- the recipient did not notify about the change of details or provided incorrect ones.
Mothers do not have to independently calculate the maintenance debt. Much easier to contact bailiff or find information about the current debt on the website of the FSSP or "Gosuslugi". If we are talking about the amount of alimony to be withheld, then the calculation rules are simple, and for the lazy there are online calculators where you can substitute the desired values and get the finished result in the form of a sum.
