Court for alimony in a fixed amount. Statement of claim for alimony in a fixed sum of money

Court decisions based on the application of the norm of Article 83 of the Family Code of the Russian Federation.

Art. 83 RF IC. Collection of alimony for minor children in a fixed amount

Judicial practice

Decision No. 2-10246/2018 2-10246/2018~M-9175/2018 M-9175/2018 dated October 30, 2018 in case No. 2-10246/2018

Leninsky District Court of Krasnodar (Krasnodar Territory) - Civil and administrative

They evade fulfilling their parental responsibilities, including malicious evasion of child support payments, and abuse their parental rights. By virtue of paragraphs 1 and 2 of Art. 83 of the RF IC, in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other...

Decision No. 2-288/2018 of October 25, 2018 in case No. 2-288/2018

Ardonsky District Court (Republic of North Ossetia-Alania) - Civil and administrative

Amount: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. According to Article 83 of the RF IC, in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other...

Decision No. 11-165/2018 of October 23, 2018 in case No. 11-165/2018

Sverdlovsk District Court of Krasnoyarsk (Krasnoyarsk Territory) - Civil and administrative

Amount: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. According to Art. 83 of the RF IC in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other...

Decision No. 2-455/2018 2-455/2018~M-446/2018 M-446/2018 dated October 23, 2018 in case No. 2-455/2018

Kizilyurt City Court (Republic of Dagestan) - Civil and administrative

Foreign currency and from which alimony is withheld for minor children in accordance with Article 81 of this Code are determined by the Government of the Russian Federation; according to Art. 83 of the RF IC, in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other...

Decision No. 2-3347/2018 2-3347/2018~M-2388/2018 M-2388/2018 dated October 19, 2018 in case No. 2-3347/2018

Leningradsky District Court of Kaliningrad (Kaliningrad Region) - Civil and administrative

At the same time, when resolving claims, the court has the right to consider the issue of changing the established amount of alimony and collecting alimony in a fixed sum of money, taking into account the provisions of Art. 83 RF IC. In accordance with paragraph 55 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56 “On the application of legislation by courts when considering cases related...

Decision No. 2A-3319/2018 2A-3319/2018~M-2693/2018 M-2693/2018 dated October 18, 2018 in case No. 2A-3319/2018

Industrial District Court of Smolensk (Smolensk region) - Civil and administrative

Article 81 of the RF IC) or may be recovered in a fixed sum of money or simultaneously in shares and in a fixed sum of money in the cases provided for in Article 83 of the RF IC. Collection of alimony for the past period on the basis of an agreement on the payment of alimony or on the basis of a writ of execution is carried out within the three-year period preceding the presentation of the writ of execution...

Decision No. 2-3210/2018 2-3210/2018~M-3151/2018 M-3151/2018 dated October 9, 2018 in case No. 2-3210/2018

Sovetsky District Court of Vladikavkaz (Republic of North Ossetia-Alania) - Civil and administrative

Or the citizen’s lack of constant and sufficient income. The court was not provided with information that Full Name 2 has a permanent job and income. Therefore, guided by the provisions of Art. 83 of the RF IC, the court believes that alimony for the maintenance of young children should be collected from FULL NAME2 in a fixed amount, taking into account the cost of living for children established in...

Decision No. 2-1363/2018 2-1363/2018~M-1398/2018 M-1398/2018 dated September 26, 2018 in case No. 2-1363/2018

Derbent City Court (Republic of Dagestan) - Civil and administrative

Seized> for children for the maintenance of two minor children: FULL NAME3, DD.MM.YYYY year of birth and FULL NAME4,DD.MM.YYYY8 year of birth. According to articles 80,81, 83 of the RF IC, parents are obliged to support their minor children. Child support paid for child support can be recovered as a percentage if the parent obligated to pay child support works and...

According to statistics presented by the RIA Novosti agency, out of 150 single parents, 149 are mothers and only 1 is a father. Dads often don’t know what to do with new responsibilities, so they often don’t pay child support for financial, moral or other reasons (this also applies to mothers). Sometimes it comes to collection in court. Interest payments depend on monthly income, and sometimes it can be different or absent at all. Products are constantly becoming more expensive, prices are rising, and your child needs to live on something. But many fathers simply don't want to pay more. To avoid problems with debts in the future, you can pay alimony in a fixed amount, which will not increase within one year. This, you see, is convenient.

How to determine the procedure for paying alimony under the Family Code of the Russian Federation

The family legislation of the Russian Federation obliges some family members to support others due to disability or other reasons. These could be children, elderly parents, or a spouse. However, the most common is child support, which can be paid in two forms:

as a percentage of income;
in a fixed amount.

Most often, as we have already figured out, the child remains with the mother. Most fathers don't know what to do with their new responsibilities. Here, for starters, are the most universal cases considered in the legislation. You will be required to pay alimony even if:

you do not have an official place of work;
you work part-time;
your salary is below the minimum wage. In this case, the smallest amount you will have to pay is 25% of the minimum wage in the region;
you are a disabled person of group I or II (if III, then according to the law you are able to work), alimony will be deducted from disability benefits and pensions;
you are in prison or in another place of confinement - this means that you can work and pay the required amounts.

In all of the above situations, a person’s financial situation cannot be quite stable and interest deductions greatly interfere with normal life. There is a way out, it is alimony in a fixed amount.

Video: how to get child support paid if the father does not officially work

What is alimony in a fixed amount?

Payments in a fixed amount do not depend on wages and other income of the payer. Let's say you were assigned an ordinary percentage alimony of 25%. Then 25% will be deducted from each salary for the child’s needs. If the salary is raised or reduced, the amount will change. Alimony in a fixed amount will remain in the same amount.

The amount of alimony payments and the cost of living

Inflation has a strong impact on the ruble exchange rate, prices regularly rise, and your child simply cannot live on child support. To do this, each region (due to local peculiarities) sets its own subsistence minimum for one minor. For example, in Crimea the average value is 9484, and in Sevastopol - 9084 rubles. Fixed alimony payments must be no less than this figure. If the payer's income allows, a larger amount may be paid.

The cost of living is usually set for a year, taking into account the annual forecast of ruble inflation. It is then revised and, if necessary, indexed. In the first quarter of 2017 in the Russian Federation, one minor should have received an average of 9,770 rubles. For comparison, at the beginning of 2016 the average in Russia was 9,396 rubles.

When paying fixed child support, no less than the subsistence minimum is allocated monthly

What is the benefit of a fixed amount

A benefit, for example, if you have unstable income or are an entrepreneur. Let's consider this situation. The initial capital for the business was, say, a million rubles. Of these, a certain amount of alimony was quietly paid as a percentage. For example, the same 25%. Then your business began to develop rapidly, and now you already have a million rubles in profit, the project has paid off. We get that you have two million in total. Then the same 25% of the new capital will be:

25/100 * 1,000,000 = 250,000 (rubles)

For alimony, you will agree, this is a bit much. If you assign alimony in a fixed amount, then you will pay exactly the same amount as you paid before opening the business, that is, much less than 250,000 rubles.

What are the disadvantages of paying fixed amounts?

There are only a few disadvantages:

Indexation is regularly carried out in accordance with the law (the impact of inflation on the amount paid, or more precisely on the cost of living for one minor);
It is quite difficult to challenge a court decision regarding the financial situation of the spouses. The nuance is that the court will want to maintain the child’s standard of living after the divorce. This means that if, before the breakup of the family, he studied at a prestigious school, went to several separately paid sections, and now your former significant other cannot afford it, then you will be in demand. The court will assess your financial situation and decide whether you are able to pay for the child’s previous standard of living;
alimony in a fixed amount is also provided for material support and maintenance of the second parent who is raising a child up to three years of age;
The amount of alimony in a fixed amount depends on how many children remain in the care of the second parent after the divorce.

When collecting alimony, the court will in any case defend the interests of the child, not the payer.

If the children stay with both parents separately, then the wealthier one pays in favor of the less wealthy one (depending on the specific case).

Table: comparison of calculation of interest and fixed amounts for payments to children

Number of children for whom child support is paid	Alimony in a fixed amount	Interest deductions (as a share of salary/income)
One child	At least one living wage	1/4 (25%)
Two children	At least two living wages	1/3 (33%)
Three children or more	At least three living wages	No more than 1/2 of income (50%), since 50% is the maximum possible amount of alimony

In what cases can alimony be established in a fixed sum of money, the grounds for the appointment

A person has the right to pay alimony in a fixed amount if:

there are no agreements with the second parent on the payment of child support for minors or children incapacitated after adulthood;
the amount of earnings changes frequently;
income is received partially or entirely in kind or foreign currency;
there is no earnings or income as such;
paying child support as a percentage of earnings/income strongly contradicts the aspirations and desires of one of the parents (remember the situation with the businessman). Keep in mind that no one can oblige you to pay more than 50% of your monthly income.

The most reliable way to obtain alimony from an unemployed person is to collect it in a fixed amount.

How to calculate the amount of alimony: a real-life example

The amount of alimony is calculated based on the cost of living, taking into account the lifestyle and needs of the child, as well as the financial capabilities of the payer.

Suppose a citizen of the Russian Federation K. divorced a citizen R. From this marriage there are two children left who are being raised by R. Citizen K. earns 65,000 rubles a month. The children go to school, which R. cannot afford to attend now, because it costs 5,000 per child per month. We get:

5,000 * 2 (school) + 9,668 * 2 (living wage) = 10,000 + 19,336 = 29,336 (rubles) - this is the approximate amount of alimony that citizen K will pay +/- several thousand to support R.

How to arrange alimony in a fixed amount

According to the law, immediately after a divorce, you can make alimony fixed, change payments as a percentage to a fixed amount, or reduce the amount of payments. And if necessary, cancel this method. But first you need to make sure of two things:

that there is no dispute about the children;
that no interested parties are expected to appear in the case who are also in the care of you or the other parent.

After this, two options are possible: a settlement agreement and a trial.

Settlement agreement

If you managed to convince the other parent that the decision was correct, you together change the alimony agreement (or write it again). However, after amendments are made to the contract, it must be notarized.

Explanation of the reasons for concluding an agreement to pay alimony

How to file a claim and collect alimony in court

If you were unable to resolve everything “amicably”, alimony can be sued. You need to write a statement of claim and collect the necessary documents. After this, you should prepare mentally and physically for a long wait and the same trial. The subject of proof when collecting alimony in a fixed sum of money is the plaintiff’s lack of income or its unstable, irregular nature. The court will also take into account other factors that make interest payments impossible or unacceptable.

List of documents for filing a claim for alimony in a fixed amount:

statement of claim (number of copies - according to the number of parties);
passport;
receipt of payment of the state fee for filing a claim;
a copy of the court decision or court order for the collection of alimony (indicating the initial amount of the monthly payment);
a copy of the alimony agreement concluded by the parties (indicating the initial amount of the monthly payment);
certificate of registration or divorce;
birth certificates of minor children;
certificate of family composition.

The statement of claim may contain a demand for the recovery of a fixed minimum and part of earnings

When applying to the judicial authorities, it is customary to pay all state fees to the plaintiff. The case of filing a claim for alimony is an exception. In such a situation, you will not have to pay when going to court. However, this does not mean that the trial will take place without payment. All costs are borne by the defendant, subject to the satisfaction of the claim. If the establishment of alimony is refused, then the plaintiff will have to pay a fee for an unfounded claim.

If you want to convert interest payments to fixed ones, you will need the following documents:

passport;
metric per child;
marriage or divorce certificate;
certificate of income of the defendant;
information about family composition;
calculation of the costs necessary to ensure the previous standard of living of a minor.

Please note that this list of documents is not exhaustive. In specific cases, other certificates/receipts/letters/invoices may be attached to it.

Reducing the amount of alimony

The basis for a claim to reduce the amount of alimony may be a drop in income due to an objective reason. For example, disability of 1 or 2 groups, the appearance of other dependents. Or the child begins to earn his own income.

Sample statement of claim to reduce the amount of alimony

If you need to reduce the amount of alimony payments, it will also be important to obtain documents confirming the importance of the reasons for changing the alimony agreement. For example:

conclusion of MSEC/MSEC - Medical and Social Expert Commission - on the disability (group 1 or 2) of the alimony payer;
documents confirming the labor or entrepreneurial activity of a child who has reached the age of 16 or his receipt of income from other sources;
documentary evidence that the alimony payer has other dependents (minor children or disabled parents) who also need financial support;
documentary evidence (court order, court decision, agreement) of the collection of child support for other children if the total amount of payments exceeds the limit established by law.

Video: judicial practice on collecting alimony in a fixed amount of money

It is often more profitable to pay alimony in hard cash amounts, although this form also has its drawbacks (inflation, raising the cost of living). But there are also situations when this method of calculating payments is the only possible one.

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

Cases of assigning alimony in a fixed amount

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

appointed to provide for children;
when the parent does not have an official place of employment;
when a parent receives an unstable income, for example, monthly salary payments in different amounts;
when the profit received by the father or mother is expressed in kind;
when the defendant has income in foreign currency, in dollars, for example;
when determining the amount of alimony as a percentage is difficult;
when establishing the amount of alimony as a percentage significantly violates the interests of the child, i.e. the amount obtained during the calculation is negligible as a percentage;
appointed for the maintenance of 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 are in need of financial assistance.

It should also be noted that when establishing alimony through the parents’ execution of a voluntary agreement, a fixed monetary amount of payments can be assigned by them even 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 the fact of the child’s need is confirmed in court, and documents are submitted on the financial situation of the plaintiff parent and the defendant parent.

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

Only if all the stated conditions are met, the court has the right to order payments for child support in the form of a specific amount of money.

To provide for spouses

Article 89 of the Law establishes cases when alimony can be recovered to provide for one’s wife or husband. These include the following:

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

The law does not provide for the collection of alimony as a percentage of income in these situations. 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 individually in each situation, taking into account the degree to which the recipient’s needs are met.

For ex-spouses

You can collect alimony not only from current spouses, but also from former spouses. This can be done in a number of cases:

during pregnancy of the ex-wife;
when an ex-wife or husband takes care of a joint child before he is three years old;
when an ex-wife or husband takes care of a disabled child of their family until he or she comes of age;
in case of incapacity for work of the ex-husband or wife, which occurred during their stay in the marriage union or within one year after the official breakup of family relations;
if the pensioner spouse is in need, if 5 years have not passed since the dissolution of the marriage.

The list of reasons is exhaustive. The law allows alimony to be established in a fixed amount of money for former spouses not only by filing a claim in court, but also by drawing up a mutual agreement.

Pros and cons

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

The advantage, of course, is the possibility of collecting alimony that significantly exceeds the amount of payments assigned as a percentage. Establishing a fixed amount of money as alimony provides the child with the usual level of life activity and guarantees full satisfaction of the needs that were realized before filing the claim in court.

It is also positive that demanding payments in the form of a lump sum of money is the only way to collect obligations from unemployed parents. The percentage of income cannot be calculated due to the defendant’s lack of work.

Now about the disadvantages. The collection of alimony in the form of a fixed sum 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 maintaining the baby.

People's standard of living changes every year: prices rise, the cost of living changes. To change the size of the fixed monetary amount of payments established by the court, various services need to perform a number of additional manipulations. So, the bailiff must make a decision about this, the defendant’s employer must constantly monitor changes in the level of the cost of living and make deductions in accordance with the new indicators.

Size - how to calculate?

In family law, no limits are established regarding the amount of alimony in the form of cash payments. Practice in such cases shows that judges, when resolving the issue, more often resort to focusing on the indicators of the children's subsistence level in a particular subject. An important rule when determining the amount of financial assistance is that the assigned amount should not be less than that which would be established as a percentage.

food;
children's hygiene products;
clothing and shoes;
toys and educational games.

In addition to the main costs, there are also additional costs that arise under a number of circumstances:

purchase of medicines;
payment for therapeutic therapy sessions: massage, swimming, warming, physical therapy room, etc.;
payment for a trip to a sanatorium, where the child needs rest according to medical recommendations;
expenses for entertainment: going to the park, cinema, zoo, all kinds of paid attractions, etc.;
purchasing household items: children's furniture, bedding.

The list of expenses for the child, which is necessarily attached to the statement of claim, must indicate absolutely all expenses incurred regularly. The total amount of monthly expenses 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 will most likely 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 waive the obligation to support his child or wife, then an agreement on this can be drawn up. Such a document requires mandatory certification by a notary. The agreement contains the following attributes:

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

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

When it is not possible to agree with the second parent regarding the provision of financial assistance, there is nothing left to do but 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 has minor children in his care and it is difficult to get to the defendant’s court site, then you can file a claim at your place of residence.

The statement of claim reflects the following points:

name of the court site;
information about the applicant;
information 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 that exclude the possibility of assigning alimony as a percentage;
pleading part: request for payment in a fixed amount of money.

The application contains the following documents:

a 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;
certificate of the plaintiff’s earnings;
certificate of the defendant’s earnings (in case of employment);
a copy of the defendant’s work record book, the last entry in which is a record of dismissal (in case of lack of work);
list of monthly expenses for a child.

The period for consideration of the case is up to one month. The rendered decision is sent to the bailiffs for the formation of a writ of execution. If the defendant is officially employed, then the worksheet 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 to do if the court has established a specific amount of payments for child support, and the standard of living is constantly changing, prices for goods and services are rising 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 point of indexation is to change the amount of alimony based on the increase in the cost of living in a particular region. In order of indexation, payments can only be changed upward. Cost of living indicators change quarterly. If the cost of living is not established within the region, then the general level applicable throughout the country is applied.

Indexing can be carried out:

bailiffs, issuing an appropriate resolution on this;
the defendant's employers withholding child support by issuing an order to that effect.

Let's give an example of indexing. Citizen T. was awarded child support in the amount of 1.5 subsistence minimums by the court. At the time the court made its 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's calculate the amount of payments after indexation using the following formula: CSA/NPM×SVA, where

DPM – current subsistence minimum;
NPM – initial subsistence minimum (valid at the time of awarding alimony);
SVA – amount of alimony paid;
KS - 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 fixed amount of money?

The amount of alimony ordered by the court can be either increased or decreased. He talks about this. You can do this in two ways:

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

Any party, both the mother-recipient and the father-payer, can take the initiative to change the usual amount of payments.

Circumstances under which the payer can reduce the amount of alimony:

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

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

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

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

Thus, collecting alimony in the form of a fixed amount of money is a rather complex legal process that requires special attention and additional time. Knowing the principles of assigning alimony and the nuances in such cases, it becomes possible for the plaintiff to recover a specific amount for himself or for the child, much greater than the percentage of the defendant’s earnings.

Lawyer at the Legal Defense Board. Specializes in handling cases related to divorce proceedings and alimony payments. Preparation of documents, incl. assistance in drawing up marriage contracts, claims for penalties, etc. More than 5 years of legal practice.

Many mothers who are forced to support and raise their children alone have more than once encountered the dishonesty of their ex-husbands. Most often, ex-spouses try to hide information about their income. In such a situation, mothers have to either be content with meager payments for the maintenance of their children, or request alimony in a fixed amount. Judicial practice shows that fixed payments are prescribed not only for the maintenance of children under the age of majority, but also for spouses, as well as elderly parents.

What does the law say?

In the statement of claim, the plaintiff must indicate all the circumstances that prompted her to demand a fixed amount of alimony from the defendant. In addition, the application should indicate the details of the children and the legal grounds for alimony.

What documents does the plaintiff need to prepare for the court?

In addition to the statement of claim, the plaintiff must bring the following documents to the courtroom:

A document confirming the conclusion or dissolution of a marriage relationship.
A copy of the plaintiff’s passport along with information about her place of residence.
Documents about the birth of the child (children). If the plaintiff does not have the original of this document, then she can take a duplicate of it from the registry office.
A copy of the statement of claim.

It is worth noting that the plaintiff will not be required to provide a receipt. Usually, a state fee is charged when filing a statement of claim, however, according to an article of the Tax Code of the Russian Federation, a state fee is not charged from the plaintiff when filing an application for alimony payment.

By law, the judge is given 5 working days to make a ruling on the claim and begin legal proceedings. If the statement of claim is drawn up incorrectly or is not substantiated, the judge will also make a decision within 5 days to refuse the proceeding or to leave the claim without further progress.

We provide evidence

After accepting the statement of claim, the judge sets a trial date. To ensure the appearance of all participants in the process at the trial, the secretary sends summonses to everyone by mail, and a copy of the statement of claim is also sent to the defendant.

During the court hearing, both parties to the lawsuit must substantiate their claims or objections. To do this they need to prove:

The required amount for child support. For this purpose, it is better for the plaintiff to collect all receipts from stores confirming the purchase of food and things for the child, as well as receipts for utility bills.
The defendant's average monthly income. Many defendants hide their official income, so it is better for the plaintiff to take care of the evidence herself.

Both parents must provide for their child equally - the Family Code says this. Alimony collected from the defendant should not exceed 50% of all child support expenses.

How to determine payments in a fixed amount of money?

The amount of monthly payments for the maintenance of a child, spouse or elderly persons directly depends on the cost of living. The higher the cost of living in the region where the child is located, the more the judge will be able to award payments. In the case where a minimum has not been established in the region, the judge has the right to prescribe payments based on the cost of living in the country. The cost of living allows us to determine only the minimum amount of cash payments. However, in each case, the judge has the right to set the amount of child support payments.

It is worth noting that each minor child in the family is assigned its own amount of alimony. The established amount of alimony should not lead to a significant deterioration in the living conditions of children, because the court must first of all take into account the interests of minors.

Pros and cons of fixed alimony

Pros

The assignment of alimony of a certain amount allows the plaintiff to receive payments monthly, regardless of the income and credit obligations of the defendant. In addition, the defendant may have several unofficial sources of income, and alimony payments in the share ratio apply only to the official profit of the defendant.

Flaws

The main disadvantage of such payments is that in order to assign them, the plaintiff must prove the defendant’s solvency. In addition, the legal process can be quite lengthy, because the judge must consider evidence from both sides to make a final decision on payments.

How will we recover from the defendant?

In order for the payments ordered by the court to begin arriving in the plaintiff’s bank account, the following must be done:

First, you need to come to the courthouse and receive a writ of execution from the office.
By contacting the Federal Bailiff Service, the plaintiff must write an application to initiate enforcement proceedings. The proceedings will be started by the bailiffs only on the basis of the writ of execution.
Bailiffs will collect funds in favor of the plaintiff, based on the court decision. After completion of the enforcement proceedings, the plaintiff will receive monthly alimony in a fixed amount.

Judicial practice shows that bailiffs most often order payments from sources of income such as wages, income from the activities of individual entrepreneurs, fees or existing bank accounts.

Indexation of payments

It is no secret that from year to year our lives become more expensive, and money depreciates. The legislation of the Russian Federation has tried to protect minor children receiving payments in a fixed amount, and has provided for Indexation of payments does not mean an increase in the amount of alimony. Indexation itself only means that with an increase in the cost of living, the amount of alimony will increase in direct proportion. The indexation process must be monitored by both the bailiff and the accountant of the organization in which the defendant works.

As practice shows, the process of assigning alimony in a strictly fixed amount is not uncommon. Many are afraid to file a lawsuit and demand alimony, considering this process to be unreasonable and lengthy. However, the game is worth the candle, because if the judge’s decision is positive, the child will be provided for until he is 18 years old.

The law obliges parents to take care of their minor children, and in cases of evasion of duties, child support is collected by court decision or order. According to the standard procedure, alimony is ordered by order in the form of a certain share of the parent’s earnings. However, in some cases it is possible to collect alimony in a fixed amount.

The process of obtaining a fixed amount of payment is quite lengthy and will require efforts from the plaintiff to prove to the court the actual needs of the child and the possibility of applying a fixed amount of alimony.

Features of determining a fixed amount

There are two ways to achieve stable, minimum transfers in favor of a child:

A settlement agreement, certified by a notary, defining the procedure for providing financial support to a minor, provided that both parents have reached a consensus on this issue. The amount of alimony in this case cannot be less than the amount that is determined based on the share of the alimony payer’s earnings.
Appointment of a stable amount in the course of legal proceedings. According to Art. 83 of the RF IC, in order to receive fixed alimony, it is necessary for the court to establish the fact when shared recovery is not possible, or when standard deductions of shares from income suffer the financial interests of the child.

The second method is justified in the following situations:

the parent obligated to support the child has no official income;
earnings are received in kind, goods or products;
the seasonal nature of the work has been established;
income does not arrive regularly, as happens with people in creative professions or entrepreneurs;
wages are paid in the currencies of other countries.

The possibility of receiving stable deductions for maintenance has many advantages compared to payments in shares: the parent in whose care the child remains can plan his expenses for the child taking into account the established amount, and in addition, in some cases, the fixed amount exceeds the amount of alimony, based on share ratio.

However, there is an important nuance that significantly complicates the process of assigning such payments - in court it will be necessary to prove the real amount of the parent’s income, as well as justify the applicability of one of the conditions permitted for the use of a fixed sum of money by law.

When considering a claim, the court, as a rule, takes into account the interests of both parties, and determines the amount of child support as a multiple of the subsistence minimum established at the regional level. If the PM is not defined by regional legislation, the level of PM determined throughout Russia will be applied. the minimum established for a minor child in a particular region.

However, as practice shows, when counting on receiving an amount tied to the PM, you should be prepared that the judge, taking into account the difficult situation of the defendant, may award alimony in the amount of 0.1 of the PM. Thus, the minimum fixed amount of alimony is not established by law.

Conditions for assigning a fixed amount

If, as a rule, no disagreements arise when determining a fixed payment on a voluntary basis through a settlement agreement, then a lot of difficulties arise in the judicial process of claim.

First of all, parents have the right to assign a fixed amount of alimony if any of the following circumstances exist:

the payer’s income is inconsistent, which makes it difficult to resolve financial issues related to the daily provision of the child and the creation of normal conditions for his life and development;
the income received by the defendant is fully or partially issued in foreign currency or in kind;
the payer has no officially confirmed sources of income;
the interests of minors will be significantly harmed when alimony is assigned in the amount of the share of earnings established by law.

Any of these circumstances requires clear justification during the trial, otherwise, alimony will be awarded in the amount of a share - ¼, 1/3 or ½, depending on the number of children the payer has.

Procedure for claiming alimony

To assign a fixed amount of financial support, the child’s legal representative files a claim in the magistrate’s court. The place of filing can be determined both at the defendant’s residence address and at the plaintiff’s place of residence if the parents live separately.

Drawing up an application

Successful consideration of the issue will largely depend on how competently the application is drawn up and supporting documents are presented.

The text of the application must contain a request for recovery with the wording “in a fixed amount of money” and have justifications why this procedure for determining alimony may be applicable.

Since the issue of determining the amount of the defendant’s income is often particularly difficult, it is recommended that the text of the application indicate the maximum possible level of transfers, which would be guaranteed to provide the child with everything necessary, reflecting all the details of his financial situation and the current situation in the family.

In addition, in the text of the application it is necessary to mention the possibility of indexing the amount within the framework of changes in the value of the PM, because its value is revised every quarter. If the established official subsistence level changes in the future, the responsibility for adjusting the amount of actual payments is carried out by bailiffs or the accounting department of the alimony payer, in which the enforcement order will be located.

The required details of the claim include the following:

exact name of the judicial authority, district, judge;
information about the plaintiff’s party (full name, contact information, registration address);
similar information about the defendant;
a correctly formulated requirement to assign payments per child in a fixed amount, linked to the subsistence level and the possibility of indexation;
indication of the grounds for assigning a fixed amount;
a list of attached documents confirming what was said in the application;
date and signature of the applicant.

Document requirements

The exact list of documentation attached to the application is specified depending on the specific situation, but there is a mandatory set required for trial in any case:

Identity documents of the plaintiff, documents for children.
Certificates confirming the defendant’s income.
A certificate indicating that the child lives with the plaintiff.
Documents confirming the marital status of the parties (whether the marriage is dissolved).

The greatest difficulty is obtaining a certificate of income of the defendant if the plaintiff does not have any information about it. In this case, it will not be possible to document your right to assign a fixed amount. In addition, many defendants who do not want to pay child support deliberately provide documents indicating understated amounts of earnings (inaccurate salary information, zero declaration, etc.)

To substantiate its position, the plaintiff will also need to provide evidence:

The child's real needs are in costs.
Calculation of the amount based on the actual costs of the child - food, clothing, shoes, medicines, medical and educational services.

Video about collecting alimony

Since this option for assigning alimony is a rather lengthy process, it is recommended to simultaneously submit an application for assignment of alimony during the period of consideration of the case in court in order to receive funds to support the child during this period. The starting point for claiming alimony is the moment of filing the application.