Under what conditions can you receive alimony in a fixed amount? Rules and procedure for the collection of alimony in a fixed amount

Firstly, a fixed amount of payments can be established by an alimony agreement, which is drawn up by the parties voluntarily at a notary's office. That is, the parties can prescribe, for example: the payer is obliged to transfer the amount of 5,000 thousand rubles to the recipient of the alimony on a monthly basis.

The amount of alimony paid voluntarily for a minor cannot be less than that established in Art. 81 of the Family Code of the Russian Federation, namely:

for 1 child - 25% of income;
by 2 - 33%;
3 or more - 50%.

This is the only limitation imposed by law. Otherwise, the parties are free to indicate any amount of funds. For example, if a father receives 50 thousand rubles a month, then he cannot pay 10 thousand rubles a month for his only son, but he can: 12.5, 15, 30 or more.

If the parties failed to come to an agreement on the implementation of payments, then the dispute can be resolved by the magistrate.

By the way, alimony in a fixed amount, according to the law, is paid not only for children, in certain cases, but also for:

spouse and ex-wife;
elderly parents;
brothers, sisters and other relatives.

What factors are taken into account?

In Art. 83 of the RF IC, as in some other articles, states that the following is taken into account:

the financial situation of the parties;
family situation;
other circumstances relevant to the case.

All this will be discussed in more detail below.

What is the amount of the fixed alimony payments to indicate in the claim?

Note that the amount of fixed payments should be tied to the minimum subsistence level... Any amount can be indicated in the claim, linking it to the named value. Relatively speaking:

9,000 rubles, that is, 1 living wage;
4500 rubles - 0.5 living wage;
13,500 rubles - 1.5 living wages.

Attention: all figures are given for example, the size of the minimum for life changes once a quarter and is set both for the country as a whole and for individual regions.

How much to ask? It is quite difficult to answer this question unequivocally. Some lawyers give this advice: ask for more - and then the court will cut it at its discretion. Others recall the popular wisdom: if you want a lot, you will get little. Probably the right answer is the golden mean. You need to ask for the maximum, but given financial opportunities the defendant.

How to calculate?

It is worth talking about two aspects of this issue:

how to the plaintiff in the case to calculate the amount of the desired payment;
how the court makes the calculation of the TDS.

If the mother of the child has filed an application with the justice authority to collect alimony from the father in a fixed amount, then the first thing she must do is to justify the amount monthly income on a son or daughter. Few people can do this, as a result, the cases are lost, the court obliges the defendant to pay less funds than the plaintiff wants.

How to prove that a child needs 20 thousand rubles a month, and not 10 thousand? It is necessary to collect checks, which will testify that when the family was complete, the minor “cost” the parents exactly $ 20,000.

First of all, you will need documents confirming:

It is possible to attach, if any, receipts related to expenses for toys and entertainment. But these are already secondary needs, which are not taken into account by the court.

Further, relying on Art. 80, stating: child support is the responsibility of both parents, you need to divide the resulting amount in half... For example, a minor needs 20 thousand rubles a month. This means that dad should give 10 thousand, and mom should give the same amount. The main problem is that no one collects checks in advance. There is no justification for the required level of expenses. The court has to rely on a living wage.

Article 80 of the RF IC. Obligations of Parents to Maintain Minor Children

Parents are obliged to support their minor children. The procedure and form of providing maintenance to minor children are determined by the parents independently. Parents have the right to conclude an agreement on the maintenance of their minor children (an agreement on the payment of alimony) in accordance with Chapter 16 of this Code.
If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in judicial procedure.
In the absence of an agreement between the parents on the payment of alimony, if the minor children are not provided with support and if a claim is not brought to the court, the guardianship and trusteeship body has the right to bring a claim for the recovery of alimony for minor children to their parents (one of them).

Presumably, the subsistence minimum is the amount a person can spend a month, if not live, then somehow exist. Courts often reason like this:

Both parents must support the child.
The living wage is, say, 10 thousand rubles.
This means that dad has to pay 5 thousand rubles a month.

This is provided that the financial situation of the parties is satisfactory, and the family is standard: a woman has a child, a man has no one. If there are any peculiarities, then they must be taken into account. What are we talking about?

The options are:

One of the parties has other dependents. For example, my father got new family, in the second marriage, another child was born. Or: a woman raising a son has to financially support her elderly mother as well.
On one side low income and the other has a tall one. For example: the mother of the child receives a good salary corresponding to the position general director large company, and the father works as a janitor in kindergarten, receiving a minimum wage.
- Firstly, in this case, it is obvious that the mother herself can perfectly cope with the financial support of the child.
- Secondly, if the father pays half of the living wage every month, then he himself will not have enough to live on.

It takes into account whether the parties have expensive property, especially one that is capable of generating income. For example, if a man has a car, then he may well be engaged in a private driver, earning extra money. If a woman has several apartments, then she can rent one of them.

But the courts are not very willing to take into account a number of expenses.

For example:

payments related to rental housing;
payments for loan obligations.

The logic is this: loans, for example, are voluntary, if there is no sense of proportion, then you can get a lot of them. And the apartment can be rented more modestly. In general, the real payment for one child in a fixed amount is 0.5 of the subsistence level. Hence it is clear how to calculate for two children: simply multiply by 2. Accordingly, for 2 children you can count on TDS in the amount of 1 minimum, for three - 1.5. We emphasize that each case is considered individually.

For example, if a mother brings up three children alone, is on leave to care for one of the minors, rents a house, has proved that before children spent 20-30 thousand rubles a month for each; and the father has good income from entrepreneurial activity, owns an apartment, a house and an expensive car, then the court can satisfy the requirement to pay 3-5 living wages, or even more. The established amount of alimony is subject to indexation in a specific case.

Indexation of payments

How indexing is carried out is stated in Art. 117 of the RF IC. Carry it out:

the organization in which the payer works;
a bailiff responsible for a specific enforcement proceeding.

It all depends on who exactly was sent executive document. The indexation is based on the growth of the living wage in the region. If in the region, in the territory, in the republic the indicator is not determined, then the figures of the federal level are taken.

How is the recalculation carried out?

It was noted above that the amount of fixed alimony is always tied to the subsistence level. If its value has increased, then the amount of payments should also increase.

For example: the court recovered alimony in the amount of 13,500 rubles, which corresponds to 1.5 times the minimum. The minimum wage has grown. It used to be 9000 rubles, now it is 9300. Accordingly, the amount of payments should also grow: 9300 * 1.5 = 13950 rubles.

Thus, the calculation of alimony in a lump sum must, nevertheless, be carried out for each specific case. You can give examples from practice, generalize it, but without taking into account the circumstances of a particular case, it is difficult to predict its outcome.

It often happens that child support payments do not cover child support costs. Especially if . An option for solving this problem may be the collection of a lump sum of alimony.

Alimony in solid sum of money - an alternative way to determine the amount of alimony payments. Unlike general way(defining alimony in the form of a share of earnings), this method determines alimony in multiples of the subsistence minimum.

Lump sum support may be collected subject to specified conditions.

Conditions and Grounds for Collecting Alimony in Fixed Amount

Alimony in a lump sum is recovered by the court, provided that an alimony agreement is not concluded between the parents, and the paying parent ...

has a fickle income;
has no official earnings;
fully or partially receives remuneration in kind, or foreign currency;

... or if collecting maintenance in the form of a share of earnings violates the rights of the child or the paying parent.

Lump Sum Alimony Agreement

Agree on the payment of alimony in fixed amount parents themselves can, without trial. In a written, notarized agreement that they draw up, it will be determined by mutual agreement flat sum alimony payable monthly. The main condition is that this amount should not be less than that which would be determined by the court when filing a claim.

How to file and collect alimony in a fixed amount?

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

State duty for alimony

According to article 333.36. Tax Code of the Russian Federation, plaintiffs filing alimony proceedings are exempt from payment state duty... If the court satisfies the claim of the plaintiff, all amounts will be recovered from the defendant, including the amount of the state duty prescribed by law.

How to calculate flat money alimony

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

The calculation of the amount of alimony is based on the amount of the subsistence minimum approved by the Government of the Russian Federation in a particular region of residence. In this case, the place of residence of the child is taken into account, and not the payer of the alimony.

If the subsistence level is not set in a particular region, a fixed amount of alimony will be determined based on the amount of the subsistence level throughout the country.

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

The amount of the firm monetary amount of alimony in 2019

As mentioned above, alimony in a fixed amount is determined in multiples of the subsistence minimum(in mid-2018 it was 10,594 rubles) - all-Russian or established in a specific region of the country.

But multiple does not mean equal. The flat sum of alimony can be equal to either 2 or 1/10 of the subsistence level.

How to challenge flat money alimony

To challenge the court's decision to establish alimony in a fixed amount, you need to file a counterclaim, 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 can be revised upward or downward at the initiative of the payer or recipient of alimony. The reason for this may be a change in financial or marital status.

An increase or decrease in the fixed amount of alimony is made in court. Neither the alimony payer himself, nor the accountant of the enterprise at the payer's place of work, have the right to independently stop payments or change the amount of payments without a corresponding judgment.

To change the amount of alimony established by the court, there must be weighty grounds - changes in the financial or marital status of the payer or recipient. The financial situation may worsen or improve, and changes in marital status may change due to the emergence of dependents (childbirth, disability and need of parents).

How to reduce the alimony in a flat sum?

For example, it is possible to reduce the amount of alimony in the event of such changes in the material and marital status of the payer or recipient of alimony ...

payer's disability (I or II group);
extremely low payer earnings;
if the payer has other dependents (for example, elderly parents);
the payer has other children who are also paid alimony;
the child reaches 16 years of age and the satisfaction of his material needs from his own income;
the child has his own income-generating property;
the child's stay supported by the state.

How to increase the amount of alimony in the flat amount?

In the same way as, at the request of one of the parents (as a rule, the alimony payer), the amount of alimony can be reduced by the court, the opposite is also possible - an increase in alimony at the request of one of the parents (most likely, the recipient of the alimony). Changes in family and material circumstances can also serve as a reason for the increase.

It is difficult to imagine such a situation, but theoretically the father can apply for an increase in the amount of alimony when his income increases. It is more likely that the mother of the child will demand an increase in alimony, for example, in connection with a decrease in her income.

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

a significant decrease in the income of the child support recipient (for example, due to a decrease wages);
loss of work by the alimony recipient (for example, due to staff reductions);
a tangible rise in prices for basic consumer goods, while the amount of the alimony recipient's wages remains unchanged;
illness of the recipient of alimony, as a result of which significant funds are required for examination, treatment and rehabilitation, and there is not enough money to support the child;
the appearance of dependents in the recipient of alimony (for example, in connection with the birth of a child, the need to care for elderly or sick parents);
death of a person who provided financial assistance to the recipient of alimony (parent, spouse).

How to make a change in the amount of alimony?

Since an unauthorized change in the amount of alimony is not allowed, there are two ways to increase or decrease the amount of alimony payments:

If the amount of alimony is determined by agreement, you need to make the appropriate changes to this document. Changes to the agreement must be made voluntarily and jointly, with obligatory notarization.
If the amount of alimony is determined by the court, only a court can change it. Therefore, you need to go to court with a new statement of claim to review the amount of alimony. In the statement of claim, you must indicate the grounds for reducing or increasing payments, provide strong evidence of this.

When changing the amount of alimony in the direction of decrease or increase, the needs and capabilities of both parents should be taken into account. So, with an increase in the amount of payments, the alimony payer should not be left completely without means of subsistence. And with a decrease, the child should not be deprived of the necessary material benefits.

Alimony indexation

Alimony recipients often complain that the lump sum set by a court or agreement is "being eaten up by inflation." To prevent this from happening, the law provides for another way to increase the amount of alimony - indexation.

Indexation is an increase in the lump sum of alimony based on an increase in the living wage. The size of the subsistence minimum is determined quarterly - at the federal or regional level. Therefore, alimony is also indexed quarterly.

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

Alimony as a fixed amount

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

The amount of alimony as a result of indexation

An example of indexation of alimony in a fixed amount

To understand how alimony indexing is carried out, you can use an example.

Citizen Torsunov went to court for alimony on the general minor child from ex-husband... The court determined the recovery of alimony in a fixed sum of money, a multiple of the subsistence minimum - in the amount of 1.5 subsistence minimum.

V in this case alimony indexing will be carried out according to the following formula:

Alimony as a fixed amount as a result of indexation

The size of the subsistence minimum at the time of indexation

Multiplicity established by the court

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

10 181 rubles x 1.5 = 15 271 rubles

In the first quarter of 2018, by a government decree, the size of the subsistence minimum was increased to 10,594 rubles, in connection with which the alimony was indexed:

10 594 rubles x 1.5 = 15 891 rubles

Arbitrage practice

Citizen Andrushchenko went to court with a lawsuit against citizen Ivanov to recover alimony for the child in a fixed sum of money.
In the statement of claim, she indicated that after the dissolution of the marriage, the common son lives with her, since Ivanov often changes his place of work. Previously, he received a salary of 10,000 rubles and voluntarily paid alimony of at least 2,500 rubles. At the moment, Ivanov receives a low salary - only 5,000 rubles, he does not pay alimony. The collection of alimony in the form of a share of this earnings will significantly violate the interests of the child.

The court considered it worthy of attention to the argument that the recovery of alimony in the form of a share of Ivanov's earnings would significantly violate the interests of the child. According to part 1 of article 83 of the RF IC, the court has the right to establish monthly alimony payments in a fixed amount if another method of collection violates the rights of the child. In addition, the court took into account the provision of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 25, 1996, according to which, when determining the fixed amount of alimony, the child should, if possible, keep the previous level of material support. The court took into account the material and family circumstances of the child's parents - Andrushchenko and Ivanov.

The court found that the recovery of alimony in the form of a share of earnings would not only violate the rights of the child, but also significantly reduce the previous level of his material support. The court determined the amount of the alimony in a fixed sum of money - ¼ of the living wage, which at the time of the decision was 2648 rubles.

Advantages and disadvantages of "solid" alimony

Advantages recoveries of a lump sum of alimony are obvious.

First, the alimony payer often hides his real income, pays alimony based on minimum wage documents or "zero" declarations. A firm amount of alimony is an opportunity to collect an amount corresponding to the real financial capabilities of the payer.
Secondly, it is convenient in cases where the exact amount of wages cannot be established, which means that it is impossible to calculate the share of income.

Of course, there are limitations this way. Firstly, if the court does not establish the percentage of indexation of the fixed amount of alimony, in a few years there will simply not be enough money to support the child. Secondly, there is no guarantee that the fixed amount established by the court will be higher than the share of the alimony payer's earnings or higher than the subsistence level. The disadvantages include a lengthy and complex legal process.

But multiple does not mean equal. The flat sum of alimony can be equal to either 2 or 1/10 of the subsistence level. How to challenge alimony in a firm sum of money To challenge the court's decision to establish alimony in a lump sum, 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. Change in the amount of alimony The amount of alimony payments can be revised upward or downward on the initiative of the payer or recipient of alimony. The reason for this may be a change in financial or marital status. An increase or decrease in the fixed amount of alimony is made in court.

Lump sum alimony

The defendant is the mother (father). Children (child) live with me at the address and are (are) in my full material support. The defendant is not involved in providing for the 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 (his) children (child) in my favor in a fixed amount, because (the circumstances that are provided for in Art.

Info

SK, allowing to determine fixed maintenance payments). The establishment of such deductions will ensure the stability of the maintenance of children (child), eliminate difficulties in establishing the amount of subsequent payments, compliance with the proportionality received by children (child) material assistance and the capabilities of the payer.

At cohabitation with the defendant on children (child), we spent on average p.

What is lump sum alimony

In order for the solid amount of alimony to correspond to the real financial capabilities of the payer, in addition to official certificates, any evidence of his solvency is needed.

Justification of the cost of maintaining the child;
Calculation of the required fixed amount of alimony with the attachment of evidence: receipts for the purchase of food, clothing and shoes, receipts for payment of basic and additional education, tutoring services, a medical card with the conclusions and prescriptions of a doctor, receipts for the purchase of medicines.

In the statement of claim, it is worth making a petition for the collection of alimony before the end of the trial. This is necessary in order not to leave the child completely without a livelihood, if trial will drag on.

Calculation of alimony starts from the moment of filing a statement of claim. In some cases, it is possible to collect alimony for the past 3 years.

Child support in firm cash for 2018

Important

Pros and cons of constant transfers The main plus of "solid" alimony is the ability to collect money in excess of a percentage of minimum income stipulated by the RF IC of the RF. For example, the average amount of alimony in Russia is 6250 rubles.

But there is also the opposite option. Especially when it comes to earning in foreign currency. Indeed, 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 collect funds in percentage or shares of such earnings. And he appoints provision depending on the living wage.

Attention

Rules and procedure for the collection of alimony in a fixed amount

The main expenditure items for child support include:

Food;
children's hygiene products;
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 therapeutic therapy sessions: massage, swimming, warming up, physical room, etc .;
payment for a voucher to a sanatorium, in which the child needs to 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.

On the list of expenses for a child who is mandatory attached to statement of claim, absolutely all costs incurred on a regular basis must be indicated.

Calculation of alimony in a fixed amount

At the same time, no specific active actions are required from the applicant. It is enough to prove that the defendant cannot pay the 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 notarial agreement, and if the alimony:

has a dynamic, fickle, intermittent earnings;
receives income in kind or payment in foreign currency (in whole or in part);
not officially employed;
and also when alimony payments in shares of earnings significantly violate the interests of the child or the 2nd parent.

Important! Any of the above can serve as a basis for the court's appointment of fixed alimony for a minor. Otherwise, they are assigned in shares to the payer's earnings.

Alimony in firm cash

Main features Determination of the amount of alimony in a fixed amount is carried out not in accordance with the amount of income or earnings of the parent, but in multiples of the subsistence minimum. For each region, as a rule, its own indicator is established.

If a fixed amount is not indicated, then the calculation of alimony in a fixed amount is carried out in accordance with 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 hard cash amounted to about 7920 rubles.

When is payment in this form assigned? There is a certain procedure according to which it is possible to demand a lump sum alimony. The conditions for the application of this right for a minor child provide for the existence of a corresponding agreement between the parents.

Alimony in a fixed amount - features of accrual and collection

Any party, both the receiving mother and the paying father, can take the initiative to change the usual amount of payments. Circumstances in which it is possible for the payer to reduce the amount of alimony:

serious illness, disability;
decrease in earnings;
the birth of new children, which he must also provide;
emancipation of the child and providing him with himself.

Regardless of how the former spouses agreed to pay alimony - voluntarily or compulsorily - the amount must not be less than what is required by law. Failure to comply with payment norms is fraught with the accumulation of debt and administrative penalties. In addition, it is important for a mother to understand what kind of financial assistance she is entitled to claim with her children, and for this she needs to be able to correctly calculate alimony 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. The only child will receive 25% of the father's salary until the birth of a half-brother or sister in a subsequent marriage, after which his share will be reduced to 16.67%. The recalculation is possible only after the father appeals to the court with a corresponding statement.

Sources of income from which alimony is withheld:

salary, including all bonuses and allowances;
dividends and shares;
income from business activities;
rental income from premises;
pensions and scholarships;
royalties;
temporary disability benefits;
unemployment benefits;
monetary allowances for military and civil servants;
incomes of convicts and persons undergoing treatment in psychiatric and narcological clinics.

Alimony is withheld from net amount income, i.e. after deducting personal income tax. If the employee's salary, taking into account bonuses, was 60,000 rubles, then the accountant first deducts 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 purchase of housing. The easiest way is if the deduction is provided by the organization: then personal income tax is not withheld from the employee's salary, and alimony is calculated from the full amount. If the money is transferred by the tax authorities on the basis of the annual declaration, then it is very problematic to oblige the ex-spouse to pay the alimony share, because the mother of the child may not even guess that he is receiving them.

Examples:

Petrov A.A. pays child support for two minors. An employee's salary - 36,000 rubles. After deducting personal income tax (36,000 - 13%), net income is 31,320 rubles. For two children, 33.33% is retained, 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 for the child. per month.

Alimony in firm cash

This method of calculating alimony is used in cases where a citizen:

has no official or regular source of income;
receives wages in foreign currency or in kind;
fulfills obligations to support ex-spouse or disabled relatives.

The size depends on the size of the subsistence minimum in the region, the parent's ability to pay and other factors. There is no exact formula, and it is very difficult to predict in advance how much the court will eventually appoint.

Alimony in hard cash is subject to indexation for each quarterly increase in the cost of living. Alimony up to 25,000 rubles. indexed by the payer's place of work, higher - by the employees of the FSSP.

Example: Ivanov A.A., living in St. Petersburg, pays alimony in the amount of 1.5 times the subsistence level. How is the amount of payments indexed?

II quarter 2016: 9 986.20 * 1.5 = 14 979.30
III quarter 2016: 10 072, 10 * 1, 5 = 15 108.15

Alimony for an incomplete month: how to calculate

Withholding of alimony starts from the date specified in writ of execution- it can be anything, so in accounting practice the question often arises of 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 benefits for temporary disability. Actual wages divided by the total 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... The salary for November was 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 = 18 800 rubles.
The amount of alimony withheld: 25% of 18 800 rubles. = RUB 4,700

Alimony in a fixed amount for an incomplete month is even easier to calculate: you just need to divide it by the number of days in the current month and multiply by the number of calendar dates from the specified date.

Example: The aforementioned employee A.A. Kuznetsov must, from November 16, 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 withholding: 316.67 * 15 = 4,750 rubles.

Calculation of the alimony debt

The alimony debt can be formed both by accident, due to an accountant's error, and as a result of the parent's deliberate refusal to transfer Money... The latter is fraught with strict penalties: last year the government tightened control over the fulfillment of alimony obligations a long time ago, and, in addition to administrative liability, the defaulter is threatened with deprivation of a driver's license and restrictions on traveling abroad.

Bailiffs are involved in the calculation of 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 of income from the place of work for the past period from the debtor. On the basis of 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 value 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 hard cash 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 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 deducting personal income tax... Monthly deductions in favor of minors are 1/3 of income = 9,000 rubles. total amount debt for 7 months - 63,000 rubles.

b) Petrov was unable to present a certificate from the place of work, and the calculation was carried out on the basis of the average salary in the Russian Federation of 36,000 rubles. The total amount of debt: 12,000 * 7 = 84,000 rubles.

Penalty for violation of payment deadlines or non-payment of alimony - 0.5% of monthly amount for every day of delay. You can collect a forfeit through the court by filing a statement of claim.

The penalty is not charged in cases where the delay in payment was not due to the fault of the payer:

delay in wages;
error 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.

The mother does not have to independently calculate the child support debt. Much easier to refer to 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 an amount.

Lump sum support is one of two legitimate payment options for certain categories of individuals. This tool has a number of features. Let's consider them further.

General information

Not everyone clearly understands what alimony in a fixed amount of money is. The size and procedure for their accrual is established by law. Payments in this form can be assigned to secure:

Disabled adult child.
A second parent caring for children under 3 years of age.
A minor child subject to a number of conditions.

To receive payment in this form, you must file a claim. Alimony in a fixed sum of money is appointed by the magistrate's court.

Key Features

The determination of the amount of alimony in a fixed amount is carried out not in accordance with the amount of income or earnings of the parent, but in multiples of the subsistence minimum. For each region, as a rule, its own indicator is established. If a fixed amount is not indicated, then the calculation of alimony in a fixed amount is carried out in accordance with 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 hard cash amounted to about 7920 rubles.

When is payment in this form assigned?

There is a certain procedure according to which it is possible to demand a lump sum alimony. The conditions for the application of this right for a minor child provide for the existence of a corresponding agreement between the parents. Moreover, one of them can:

Receive income in foreign currency (including in part) or in kind.
Have a variable or inconsistent income.
Have no official confirmation of their income.

Also, alimony in a fixed amount in this case is assigned if the determination of payment in proportion to the earnings of one of the parents will significantly infringe on the interests of the child.

Fixed payment to an adult

Alimony in a fixed amount of money is assigned to a child in cases where:

All these conditions must be confirmed by documents. They are attached to the application to the court.

Second parent payout

A fixed amount is due if:

Alimony in a lump sum is also due if there is no agreement between the parents or one or both of them evade their duties.

Features of calculus

The procedure in accordance with which the appointment of the amount of alimony is carried out is defined in and 83 of the SK. As mentioned above, the payment is made in multiples of the subsistence minimum for a constituent entity of the Russian Federation or according to the all-Russian indicator. At the same time, when considering the case, the court must ensure the maximum preservation of the level of provision for the needy. In this regard, the official examining the claim takes into account not only the property, but also the family status of the obligated parties. After studying the case materials and familiarizing themselves with the positions of the participants in the hearing, the court determines the amount of the payment that will be made every month.

Attachments to the requirement

When determining the amount of a fixed payment in practice, documents confirming the income of the parent in relation to whom this form of collection is being applied are of great importance. When applying to the court, the plaintiff must not only provide a calculation of the amount of alimony. He must also substantiate the need for the appointment of exactly this amount of payment. At the same time, it is in the applicant's interests to provide Judicial authority the maximum amount of information on the sources of income of the defendant. For official examining the case, all data concerning the salary or other income of the obliged parent are relevant.

Probable difficulties

Negligent parents who do not express a special desire to support their children and pay them benefits provide the judicial authority with a variety of certificates indicating minimum wages or zero reports on income from commercial activities... In these cases, it is in the interests of the plaintiff to have as much evidence as possible that there is still income, and it is more than indicated in these papers. If he is unable to substantiate his claims, the court will be forced to set a minimum amount of payment. Also, when considering a case, the marital status of the parties is also taken into account. If the defendant has a new family, then you should not expect to receive a fixed amount, more than that established in the UK, Article 81.

Advantages and disadvantages

Among the advantages of a fixed payment, it should be mentioned that in this case the plaintiff has the opportunity to receive from the other parent an amount that exceeds the percentage of salary or income established in the UK. However, at the same time, one must be confident that the arguments that are available will be sufficient to prove the need to fulfill the obligation in this particular form. Among the disadvantages of this process, experts highlight the comparative complexity of the order in which alimony is established. The proceedings on the case involve several stages. Each of them takes a certain amount of time. In general, the proceedings can take quite a long time. Wherein court order not issued.

There is a list required documents that must be provided in order to receive a fixed payment. It includes:

These papers are attached to the statement of claim. The person submitting the claim has the right to independently determine where the court will be located in which the proceedings will be conducted - at the place of his residence or where the defendant is. This moment must be reflected in the claim.

Sample appeal

"To the magistrate's court ______

Plaintiff _____ (full name and address)

Defendant _____ (full name and address)

Statement of claim

on the recovery of alimony in a fixed amount

I am the father (mother) of minors _____ (full name of children / child) ______ year of birth. The defendant is the mother (father). Children (child) live with me at ____ and are (are) in my full financial support.

The defendant is not involved in providing for the 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 (his) children (child) _____ in my favor in a lump sum, because _____ (the circumstances are indicated that are provided for in Article 83 of the SK, which make it possible to determine fixed maintenance payments). The establishment of such deductions will ensure the stability of the maintenance of children (child), eliminate difficulties in establishing the amount of subsequent payments, compliance with the proportionality of the material assistance received by the children (child) and the payer's capabilities.

When living together with the respondent for children (child), we spent on average ____ p. After the dissolution of the marriage, the material security of the children (child) is ___ p. in accordance with my average monthly income in ___ p. I ask the court to take into account the marital status of the defendant and the plaintiff when deciding on the appointment of alimony in a flat amount of ____ (the marital status, the presence of obligations regarding the maintenance of other persons are indicated).

The value of the subsistence minimum in the territory of ____ (name of the subject of the Russian Federation) for children is, on average, ____ p. for the quarter ____ of the year. This value is set by ____ (give the name normative act, in accordance with which the subsistence minimum for the region is determined, if it is not established, refer to the corresponding Government decree on the amount of payment in Russia).

Taking into account the need to provide children (child) with an adequate level of maintenance no less than previously, the amount of alimony in a lump sum should be ___ (indicated in shares relative to the subsistence minimum, for example 1/2, 2, 1.5, etc.), since ____ (the grounds for collection are indicated). Taking into account the likely fluctuations in prices during the collection of alimony by a court decision, a mechanism should be established by which the alimony will be indexed in a fixed amount, in accordance with changes in the subsistence minimum.

Based on the above, according to Art. 117, 83 of the RF IC, art. 132, 131 Code of Civil Procedure of the Russian Federation, please:

To collect from ____ (full name of the defendant) in favor of ____ (full name of the applicant) monthly alimony payment in a fixed amount ___ (amount in shares relative to the subsistence minimum) for the maintenance of minors ____ (F .Name of children (child, date of birth and place) from _____ (insert number) to their (his) majority.
Establish the procedure for recalculating the funds recovered by the court in accordance with the change in the subsistence minimum in ___ (indicate the region or the Russian Federation as a whole).

List of attached documents: