Judicial practice on alimony in a fixed amount with examples. Alimony in a fixed amount - features of accrual and collection

The court can establish alimony not only as a percentage of all income received by the defendant, but also alimony in solid sum of money... This method of assigning payments for the maintenance of children determines, and for the provision of spouses -. We will try to investigate in detail all the issues related to the establishment of alimony of this type.

Cases of Appointment of Alimony in a Fixed Amount

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

• assigned to provide for children;
• when the parent does not have an official place of employment;
• when a parent receives unstable income, for example, monthly salary payments in different amounts;
• when the income received by the father or mother is expressed in kind;
• when the defendant has income in foreign currency, in dollars, for example;
• when the determination of the amount of alimony in percentage difficult;
• when the establishment of the amount of alimony in percent significantly violates the interests of the child, i.e. the amount received during the calculation is negligible in percentage terms;
• appointed to support spouses, as well as former spouses in a number of cases provided for by law;
• assigned to disabled children who have reached the age of majority and need financial assistance.

It should also be noted that when alimony is established through the formalization of a voluntary agreement by the parents, a firm monetary amount of payments can be appointed by them without these circumstances.

To provide for children

For children, alimony in a fixed amount is assigned in the same way as when determining payments as a percentage of income, when confirming in court the fact that the child is in need, submitting documents on the financial situation of the parent-plaintiff and parent-defendant.

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

Only in the presence of all the conditions set forth, the court has the right to assign payments for the maintenance of children in the form of a specific amount of money.

To provide for the spouses

Article 89 of the Law establishes cases when it is possible to collect alimony for the provision of one's wife or husband. These include the following:

• pregnancy of the wife;
• caring for a joint child by his wife until he is three years old;
• disability of a husband or wife, as well as the need to care for them and provide material assistance;
• Caring for a joint disabled child by a husband or wife.

The law does not provide for the collection of alimony in these situations in percentage from income. In a number of such circumstances, payments are always determined by the court in the form of a fixed amount in monetary terms. The size is determined in each situation individually, taking into account the degree of satisfaction of the needs of the recipient.

For former spouses

It is possible to collect alimony not only for the current spouses, but also for the former. This can be done in a number of cases:

• during the pregnancy of the ex-wife;
• when the ex-wife or husband cares for a joint child before the onset of his three years;
• when the ex-wife or husband cares for a joint disabled child until he comes of age;
• in case of disability ex-husband or a wife who managed to come during her stay in a marriage union or within one year after the official break of family relations;
• if the retired spouse needs it, if 5 years have not passed since the dissolution of the marriage union.

The list of reasons is exhaustive. The law allows the establishment of alimony in a fixed amount of money for the former spouses, not only in the procedure for filing a claim in court, but also through the execution of a mutual agreement.

Pros and cons

Establishing alimony in the form of a fixed amount of money has both advantages and disadvantages. Let's start with the positives.

The advantage, of course, is the possibility of collecting alimony, significantly exceeding the amount of payments assigned in percentage. The establishment of a fixed amount of money as alimony provides the child with the usual level of life, guarantees full satisfaction of the needs that were realized before the lawsuit was filed in court.

It is also positive that demanding payments in the form of a fixed sum of money is the only way to collect obligations from unemployed parents. It is impossible to calculate the percentage of income due to the lack of work for the defendant.

Now about the disadvantages. Collecting alimony in the form of a fixed amount of money is a rather lengthy and complex legal process. The standard list of documents sent with a claim to the court is supplemented by a list of monthly expenses for the maintenance of the baby.

The standard of living of people changes every year: prices rise, change living wage... In order to change the size of the fixed amount of payments established by the court, various services need to perform a number of additional manipulations. So, the bailiff must issue a resolution on this, the defendant's employer must constantly monitor the change in the level of the living wage and make deductions in accordance with the new indicators.

Size - how to calculate?

There are no limits established in family law regarding the appointment of the amount of alimony in the form of cash payments. The practice in such cases shows that judges, when resolving the issue, often resort to focusing on the indicators of the child's subsistence minimum in a particular subject. An important rule when determining the amount of material assistance, it is that the assigned amount should not be less than that which would be established in percentage terms.

• 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 medical therapy sessions: massage, swimming, warming up, physical room, etc .;
• payment for a voucher to a sanatorium, in which the child needs a rest according to medical recommendations;
• entertainment costs: going to the park, cinema, zoo, all kinds of paid rides, etc .;
• purchase of household items: children's furniture, bedding.

In the list of expenses for a child who is mandatory attached to the statement of claim, absolutely all costs incurred on a regular basis must be indicated. total amount monthly expenses and will be the final amount of alimony required in court.

It is important for the plaintiff to know that the required amount of alimony cannot be higher than the amount of expenses incurred for the maintenance of children. Otherwise, the amount recovered will be unreasonable, and the court is likely to reduce the required amount of payments.

How to collect?

• by concluding a mutual agreement with the defendant;
• by sending a statement of claim to the court.

If the spouse does not refuse the obligation to support his child or wife, then an agreement can be made about this. Such a document requires mandatory certification in the notary chamber. The agreement contains the following attributes:

• date and place of registration;
• information about the parties: full name, date of birth, passport data, information on registration and actual residence;
• information about the child in whose interests the document is drawn up: full name, date of birth, details of the birth document;
• the amount of alimony;
• regularity of payments;
• terms;
• bank details of the recipient parent;
• circumstances that serve as the basis for the termination of payment;
• force majeure.

The agreement is drawn up in duplicate for each of the parties. Failure to comply with the terms of the agreement entails the occurrence of liability ().

When it is not possible to agree with the second parent regarding the provision of financial assistance, there is nothing left but to send a statement of claim to the court. The claim is filed at the place of residence of the defendant parent in accordance with Article 28 of the Code of Civil Procedure. If the plaintiff is in charge of young children and it is problematic to get to the defendant's court area, then you can file a lawsuit at your place of residence.

IN statement of claim the following points are reflected:

• the name of the court area;
• information about the applicant;
• data about the defendant;
• descriptive part: the defendant's refusal to voluntarily help financially, the financial situation of the parties, the child's place of residence, the degree of his need, circumstances precluding the possibility of assigning alimony in percentage;
• the requesting part: the demand for payments in a fixed amount.

The appendix contains the following documents:

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

The term for considering a case is up to one month. The rendered decision is sent to the bailiffs to form a writ of execution. If the defendant is officially employed, then the sheet for execution is sent to his employer. If he does not have a job, then the document is handed over to him personally.

Indexing

What if the court establishes a specific amount of payments for the maintenance of children, and the standard of living is constantly changing, the prices of goods and services are growing every year? To solve this problem, the legislator has provided for the possibility of indexing alimony. The procedure is provided for in article 117 of the Family Code.

The meaning of indexing is to change the amount of alimony based on the growth of the subsistence level in a particular region. In the order of indexation, payments can only be changed upwards. The living wage indicators change on a quarterly basis. If the subsistence level is not established within the region, then the general level applicable for the country is applied.

Indexing can be carried out by:

• bailiffs-executors, passing an appropriate resolution on this;
• the defendant's employers withholding alimony by issuing an order to do so.

Let's give an example of indexing. The court ordered the citizen T. child support in the amount of 1.5 living wages. At the time of the court's decision, the figure was 8,000 rubles per child, respectively, the mother was paid 12,000 rubles. Three years later, the cost of living rose to 10,000 rubles. Let us calculate the amount of payments after the indexation was carried out according to the following formula: CDA / NPM × CBA, where

• PDM - current living wage;
• NPM - the initial subsistence minimum (in force at the time of the award of alimony);
• СВА - the amount of alimony paid;
• КС - the final amount of alimony after indexation.

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

Is it possible to change the amount of alimony in the form of a flat sum of money?

The amount of alimony ordered by the court can be either increased or decreased. He talks about it. This can be done in two ways:

• if alimony is established by agreement, then by making changes to the main document;
• if the alimony is recovered through the court, then the amount can be changed only through the court.

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.

Circumstances in which it is possible for the recipient to increase the amount of assistance:

• job loss;
• decrease in earnings;
• a serious illness of a claimant or a child, requiring monthly financial investments;
• rising prices for food and basic necessities.

The court takes into account all the documents provided, assesses the current circumstances, and then makes a decision: reduce (increase) the amount of payments or leave the same.

Thus, the recovery of alimony in the form of a fixed amount of money is a rather complicated process in the legal aspect, requiring special attention and extra time. Knowing the principles of the appointment of alimony and the nuances in such cases, it becomes possible for the plaintiff to recover a specific amount on himself or on the child, much more than a percentage of the defendant's earnings.

Lawyer of the collegium of legal protection. He specializes in the management of cases related to divorce proceedings and the payment of alimony. Preparation of documents, incl. assistance in drafting marriage contracts, claims for the collection of penalties, etc. More than 5 years of legal practice.

Alimony in lump sum is one of the ways to determine the amount allocated for maintenance minor child funds. The peculiarity of this method is to establish the amount of payments, a multiple of the subsistence minimum per child in the region of his residence. If the value of the subsistence minimum in the region is not determined, then the calculation is made based on the general subsistence minimum in the country.

A fixed amount of alimony is assigned:

• under the age of 18;
• For an adult disabled child. To do this, you must provide the court with documents confirming that the child needs constant care, as well as confirm that he does not have an official job;
• On caring for a child under 3 years of age, or for.

This view alimony is established if the respondent:

• Has no permanent income;
• Receives income in whole or in part in foreign currency or in kind (for example, in goods);
• Has no official income.

In addition, alimony in a fixed amount is imposed if another method of determining the amount of payments violates the rights of a child or a needy spouse.

The advantage of collecting alimony in a fixed amount is the ability to receive a larger amount of funds, in contrast to those that would have been.

However, this type of recovery also has a significant drawback, which is the length and complexity of the proceedings, which are caused by the need to establish a fixed amount of alimony. In addition, when filing an application for the recovery of alimony in a lump sum, the plaintiff must be sure that he will be able to prove the true amount of the defendant's income.

Circumstances Affecting the Amount of Alimony in a Fixed Monetary Amount

The sums of money intended for the maintenance of minor children are collected from:

• Salary;
• Profits from business activities;
• Salary supplements;
• Prizes and awards of a regular nature;
• Payments that are accrued to state and municipal employees;
• Copyright and other types of royalties;
• Scholarships;
• Benefits (for temporary disability);
• Income from renting out property;
• Profits on securities;
• Income of persons serving sentences in correctional colonies, sentenced to correctional labor, as well as persons placed in narcological and psychiatric dispensaries.

Lump sum support is not deducted from the following types of income:

• Nutritional therapy compensation;
• Travel payments;
• Compensations made in connection with the transfer to another locality;
• Compensation in connection with the replacement of the tool used by the employee;
• Maternity benefits;
• Benefits to persons with dependent children;
• Social benefits for burial;
• Maternity capital;
• Survivor's death pensions;
• Alimony received by the payer;
• Compensation for vouchers to health resort organizations.

When establishing a fixed monthly amount alimony, the court first of all takes into account the child's usual standard of living and the material well-being of the parties. The information contained in the documents confirming the defendant's income is of great importance.

The material and marital status of both parents is also taken into account. If the defendant has both an official job and an additional source of income, the court has the right to appoint alimony in the following form: a percentage of the basic income and a certain amount of the minimum subsistence level from the additional profit.

In the future, the amount of alimony payments may be revised in connection with a change in the financial or marital status of the parties. is made by the judge and possibly in the following cases:

• If the paying parent belongs to the category of persons recognized as invalids of group I or II;
• When a child for whom child support is paid reaches the age of 16 and receives own income, completely or in to a greater extent satisfying his material needs;
• If the child has income-generating property;
• If the payer is dependent on other persons (for example, elderly parents);
• When a child receiving alimony is supported by the state;
• If the payer simultaneously supports children from other mothers;
• In case the payer's income is extremely low.

In the event of a change in the value of the subsistence minimum, the amount of payments in a fixed amount. Indexing is done bailiff- the executor or the employer of the payer. If the size of the subsistence minimum has increased, and the payer's income has remained unchanged, he has the right to petition the court to reduce the amount of payments to the previous level.

Collection procedure

The recovery of alimony in a fixed sum of money is made only, which is explained by the need to establish the circumstances that serve as the basis for this type of recovery. The application can be filed at the place of registration of both the defendant and the plaintiff, while the applicant does not have to pay a state fee.

The claim is made in the name of the judge and contains the following information:

• The name of the court site for which it is submitted;
• Information about the plaintiff (full name, date and place of birth, address of permanent or temporary registration, name and address of the employing organization);
• Information about the defendant (full name, date and place of birth, address of permanent or temporary registration, name and address of the employing organization (if known);
• Claimant's claims. The applicant must explain his intention to collect alimony in a fixed amount, as well as substantiate the amount that, in his opinion, is necessary to support the child;
• Documents confirming the validity of the stated requirements;
• List of attached documents.

The application is signed by the plaintiff or his representative. If a representative participates in the case, a notarized power of attorney must be drawn up. Drawn up in triplicate (two are sent to the court, and one remains with the claimant).

The plaintiff has the right to apply to the court, regardless of the period that has passed since the date the right to alimony arose. At the same time, it is possible to collect alimony only for the past 3 years. Calculation of alimony begins from the moment the plaintiff applies to the site of the magistrate.

The following documents must be attached to the application:

• A copy of the plaintiff's passport;
• Child's birth certificate;
• Certificate of marriage or divorce;
• A certificate from the housing organization confirming that the child lives with the plaintiff;
• Calculation of the declared amount of alimony with the attachment of receipts for the purchase of food, clothing, shoes, receipts for payment of paid classes, courses, tutoring services, a copy of the child's medical card (if he has a disease), prescriptions, receipts for the purchase of medicines;
• Justification of the cost of maintaining the child.

The plaintiff has the right, until the end of the trial, to file a petition for the temporary collection of alimony.

This is done in order to avoid a situation where, in the event of a delay in the proceedings, the claimant and his minor child find themselves without a livelihood.

The court decision is handed over to the parties who, within 10 days from the date of receipt of the document, have the right to appeal it to the district court. If in set time the persons concerned did not appeal against the decision, then it is sent to the bailiff for execution.

The payer has the right to terminate the payment of alimony for a minor child:

• If the child has reached the age of 18, or acquired full legal capacity before reaching the age of majority;
• If the child is adopted;
• Death of a child or payer.

Almost every claimant seeks to receive alimony payments in a fixed sum of money. This is understandable.

1. First, it is a guarantee that a certain amount will be credited to the claimant's account in any case, even if the payer's income suddenly decreases.
2. Secondly, the recipient always knows how much he can count on in the form of alimony per month for the child.
3. Thirdly, this amount is assigned in proportion to the subsistence minimum, and therefore increases automatically with its growth.

Who Can Get Lump Sum Alimony

Not every recipient can count on “hard” alimony. Their circle is limited by the legislator:

• children under the age of eighteen;
• adult children, but disabled or disabled (most often they are disabled children);
• a mother or father who does not work because they are caring for a disabled child or a minor under the age of three.

But even these people cannot count on fixed payments with absolute certainty. Only the presence of certain conditions can give them such an opportunity.

Recovery of alimony in a fixed amount

The conditions for collecting alimony in a fixed amount are not taken "from the ceiling", but in the disposition of the 83rd article of the Family Code of the Russian Federation.

1. checks from stores where food, clothing and necessary household items are purchased for the child;
2. receipts from educational institutions the child attends (kindergarten, sections, circles, courses, etc.);
3. certificates from medical institutions, pharmacies, if the child needs constant care, treatment and medicines;
4. others.

It is good if the applicant reliably knows all the income of the defendant and he can not only name them, but also document it:

• information from his permanent job,
• extracts from banking institutions,
• help from pension fund(if the payer is a pensioner)
• etc..

A permanent list of documents confirming the presence of the parties common child, their marital status, personal passports, certificates from the place of residence must also be attached to the claim.

The plaintiff and the defendant need to be prepared for calls on court hearings... Only after a thorough study of the financial situation of both, hearing their arguments and proposals, the judge will be able to issue a decision on the appointment of fixed alimony. It will be performance list, which is subsequently sent in order to control alimony payments to the territorial bailiff service. And for the deduction of alimony from the payer's income: for his work (or other organizations that transfer cash) or to him for execution personally.

The court can even combine "solid" and "share" alimony from one payer. This is done more often if the latter has more than one source of income: fixed alimony will be withheld from one, and interest on income from the other.

Payment of alimony in a fixed amount by agreement

Family law does not prohibit the payment of "firm" alimony under a voluntary agreement between spouses.

When drawing up such an alimony agreement, the spouses can independently agree on a specific fixed amount of monthly payments to support their child.

In doing so, it is important to observe three basic conditions. The fixed amount of alimony must:

1. meet the needs of the child and not violate his interests;
2. not significantly worsen the financial situation of the payer and his other children (if any);
3. be less than the amount that would be due to a child or children in the appointment of alimony in shares of the income of the alimony payer (that is, less than one quarter for one child, one third for two, etc.).

Parents have the right to stipulate in their agreement another type of "firm" payment: not monthly, but one-time. That is, the paying parent can once make a large cash payment for the maintenance of the child, which can cover his financial needs until the age of majority. It is possible that this amount will be left on an account specially opened for the child. Or firmly established alimony will be expressed at all in the form of property - real estate or other expensive property. The law does not prohibit such material assistance to your child, but this should not violate his interests or run counter to the wishes of the recipient of alimony.

Video: Child support

Is it possible to change the fixed amount of payments

The firmly expressed alimony increases in proportion to the increase in the subsistence minimum amount, in accordance with which they are calculated: the PM grows - the alimony grows. But with a decrease in the PM, the alimony amount will not change. In the legislation, this process is called indexation.

But the amount of fixed alimony can also be changed privately, subject to the conditions set out below.

The amount of "solid" alimony can be increased if:

• the payer's income has increased and this can be confirmed;
• Alimony is needed not only for the maintenance of a young child, but also for his parent, who does not work, because located in maternity leave with him;
• as a result of inflation, the funds that were assigned earlier are not enough for the needs of the child.

"Solid" alimony can be reduced if:

• the payer's income is reduced due to compelling reasons (reduction in the workplace, loss of health, etc.);
• in new family the payer's child was born.

If the indexation of fixed payments occurs automatically, then the change in the amount of alimony for the above reasons is possible only by going to court and receiving an affirmative decision of the court.

When drawing up a voluntary agreement on firmly established alimony, the parties themselves must provide for the conditions for indexing the payment. Or, by mutual agreement, they can change this document in the direction of increasing or decreasing the amount of payment.

Pros and cons of a fixed payment method

The positive aspect of alimony payments in hard sum- this is the confidence that the receipt of funds on a monthly basis is guaranteed to the recipient, regardless of the size of the payer's income from month to month. And this payment automatically increases in parallel with the growth of the subsistence minimum, and does not depend on the change in the payer's earnings in the direction of increase or decrease.

The negative side of the appointment of fixed alimony can be considered a lengthy judicial procedure for their collection (if they are not established by the parents in the agreement), as well as the difficulty of establishing the real income of the payer.