What are the conditions for fixed child support. How to file a lawsuit for a fixed amount of child support How much is a fixed amount of child support
Many mothers who are forced to support and raise their children alone have faced the dishonesty of their ex-husbands more than once. Most often, former spouses try to hide information about their income. In such a situation, mothers either have to be content with meager payments for the maintenance of their children, or request alimony in a fixed amount of money. Judicial practice shows that fixed payments are assigned not only for the maintenance of children who have not reached 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 data of the children and the legal grounds for the appointment of alimony.
What documents need to be prepared by the plaintiff in court?
In addition to the statement of claim, the plaintiff must bring the following documents to the courtroom:
- Document on the conclusion or termination of marriage.
- A copy of the petitioner's passport along with information about her place of residence.
- Documents on the birth of the child (children). In the event that the plaintiff does not have the original of this document, then she can take its duplicate from the registry office.
- A copy of the claim.
It is worth noting that the plaintiff will not be required to provide a check for support. Usually, the state fee is charged when filing a statement of claim, however, according to the article of the Tax Code of the Russian Federation, the state fee is not charged from the plaintiff when filing an application for payment of alimony.
According to the law, the judge is given 5 working days to issue a ruling on the statement of claim and start court proceedings. In the event that the statement of claim is drawn up incorrectly or is not substantiated, the judge will also within 5 days decide to refuse to proceed or to leave the claim without further movement.
We provide evidence
After accepting the statement of claim, the judge sets a date for the trial. To ensure the appearance of all participants in the trial, the secretary sends court summonses to everyone by mail, and a copy of the statement of claim is also sent to the defendant.
During the court session, both parties to the trial must substantiate their claims or objections. To do this, they need to prove:
- The required amount for the maintenance of the child. For this purpose, it is better for the plaintiff to collect all checks from stores confirming the purchase of food and things for the child, as well as receipts for utility bills.
- 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 - this is what the Family Code says. Alimony collected from the defendant must not exceed 50% of all expenses for the maintenance of the child.
How to determine payments in a fixed amount of money?
The amount of monthly payments for the maintenance of a child, spouse or elderly people directly depends on the subsistence level. The higher the subsistence level in the region of the child's stay, the more the judge will be able to assign payments. In the event that a minimum is not established in the region, the judge has the right to assign payments based on the subsistence minimum in the country. The subsistence minimum allows you to determine only the minimum amount of cash payments. However, in each case, the judge has the right to determine the amount of payments for the maintenance of the child.
It is worth noting that for each minor child from the family, its own amount of alimony is assigned. 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 child support
pros
The appointment of alimony of a certain amount allows the plaintiff to receive payments on a monthly basis, 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 income of the defendant.
disadvantages
The main disadvantage of such payments is that in order to assign them, the plaintiff must prove the solvency of the defendant. In addition, the litigation process can be quite lengthy, because the judge must consider the evidence of both parties 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 to arrive on the settlement account of the plaintiff, the following must be done:
- First you need to come to the courthouse and get a writ of execution in the office.
- By contacting the Federal Bailiff Service, the plaintiff must write an application to initiate enforcement proceedings. Proceedings will be started by bailiffs only on the basis of a writ of execution.
- The bailiffs will collect money in favor of the plaintiff, based on the decision of the court. After completion of the enforcement proceedings, the plaintiff will receive monthly alimony in a fixed amount of money.
Judicial practice shows that bailiffs most often appoint payments from such sources of income as salary, income from the activities of individual entrepreneurs, fees or existing bank accounts.
Payout indexation
It's no secret that every year our lives become more expensive, and money depreciates. The legislation of the Russian Federation tried to protect minor children receiving payments in a fixed amount, and provided for Indexation of payments does not mean an increase in the amount of alimony. The indexation itself only means that with an increase in the subsistence minimum, the amount of alimony will increase in direct proportion. The indexation process should 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 the appointment of alimony, considering this process unreasonable and lengthy. However, the game is worth the candle, because with a positive decision of the judge, the child will be provided for up to 18 years.
Firstly, a fixed amount of payments can be established by an alimony agreement, which is drawn up by the parties voluntarily in a notary's office. That is, the parties can prescribe, for example: the payer is obliged to transfer monthly to the recipient of alimony an amount of 5,000 thousand rubles.
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 restriction established by law. Otherwise, the parties are free to specify 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 fail to agree on the payment, the dispute may be resolved by a justice of the peace.
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.
You will find more information about who and how can apply for alimony in a fixed amount of money, as well as about the various nuances of such payments, in ours.
What factors are taken into account?
Payout indexation
How indexing is carried out is described in Art. 117 RF IC. Conduct it:
- the organization in which the payer works;
- bailiff responsible for a specific enforcement proceeding.
It all depends on who exactly the executive document was sent to. The basis of indexation is the growth of the subsistence minimum in the region. If in the region, in the territory, in the republic the indicator is not defined, then the figures of the federal level are taken.
How is the recalculation done?
It was noted above that the amount of fixed alimony is always tied to the subsistence minimum. If its value has increased, then the amount of payments should also increase.
For example: the court ordered alimony in the amount of 13,500 rubles, which corresponds to 1.5 times the minimum. The minimum has gone up. It used to be 9,000 rubles, now it's 9,300. Accordingly, the amount of payments should also grow: 9,300 * 1.5 = 13,950 rubles.
Thus, the calculation of alimony in a fixed amount 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.
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1. Fixed child support is half the living wage or how much?
3.3. Each case is individual, so you need to understand the situation.
The main documents are a birth certificate of a child, a certificate of divorce (if it is dissolved), a certificate of family composition (if the child is registered with you)
If you need help filing a lawsuit or representing your interests in court, please contact us.
- Fixed amount of child support
- What is the fixed amount of child support
- Apply for a fixed amount of child support
- Fixed child support
- Fixed amount of child support
4. What documents are needed to file a lawsuit for fixed alimony?
4.1. statement of claim certificate of dissolution of marriage birth certificate of a child receipt of payment of state duty and proof that the payer has a non-regular non-fixed income and other evidence in accordance with Article 83 of the RF IC
It often happens that child support payments do not cover the cost of maintaining a child. Especially if . A solution to this problem may be the collection of a fixed amount of alimony.
Alimony in hard cash- an alternative way to determine the amount of maintenance payments. Unlike the general method (which defines alimony as a share of earnings), this method determines alimony in multiples of the subsistence level.
Alimony in a fixed amount can be collected subject to certain conditions.
Conditions and grounds for collecting alimony in a fixed amount
Alimony in a fixed amount is collected by the court, provided that there is no maintenance agreement between the parents, and the paying parent ...
- has a non-permanent income;
- has no official income;
- fully or partially receives remuneration in kind or in foreign currency;
… or if collecting child support as a share of earnings violates the rights of the child or paying parent.
Agreement on alimony in a fixed amount of money
Parents themselves can also agree on the payment of alimony in a fixed amount, without a court. In writing, which they will draw up, by mutual agreement, a fixed amount of alimony, subject to monthly payment, will be determined. The main condition is that this amount should not be less than that which the court would have determined when filing a claim.
How to file alimony in a fixed amount of money and collect?
The process of collecting alimony in a fixed amount of money is carried out only through the court.
State duty on alimony
How to calculate child support in a fixed amount of money
The court, having considered the claims of the plaintiff and the objections of the defendant, having studied the materials of the case, having analyzed the usual standard of living of the child, the financial 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 made on the basis of the subsistence minimum (PP), approved by the Government of the Russian Federation in a particular region of residence. This takes into account the place of residence of the child, and not the payer of alimony.
If there is no living wage in a particular region, the fixed amount of child support will be determined based on the cost of living in the whole 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 regular salary and additional, non-permanent income, the court may oblige him to pay a share of permanent earnings and a fixed amount of money (for example, 0.5 living wage) from additional earnings.
The amount of a fixed amount of alimony in 2020
As mentioned above, alimony in a fixed amount of money is determined multiple of the living wage(at the beginning of 2020 it amounted to 11,012 rubles) - nationwide or installed in a specific region of the country.
But multiple doesn't mean equal. A fixed monetary amount of alimony can be either 2 or 1/10 of the subsistence level.
How to dispute child support in a fixed amount of money
In order to challenge the court's decision to establish alimony in a fixed amount of money, it is necessary in which to provide the court with evidence that the plaintiff provided false information or presented false documents.
Changing the amount of alimony
The amount of maintenance payments may be revised upwards or downwards at the initiative of the payer or recipient of maintenance. The reason for this may be a change in financial or marital status.
An increase or decrease in the fixed amount of alimony is carried out in a judicial proceeding. 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 court decision.
To change the amount of alimony established by the court, there must be good reason- 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 appearance of dependents (birth of children, disability and neediness of parents).
How to reduce alimony in a fixed amount of money?
For example, it is possible to reduce the amount of alimony in the event of such changes in the financial and marital status of the payer or recipient of alimony ...
- disability of the payer (I or II group);
- extremely low earnings of the payer;
- whether the payer has other dependents (for example, elderly parents);
- the payer has other children who are also paid alimony;
- the child reaches the age of 16 and the satisfaction of his material needs from his own income;
- the presence of the child's own property that generates income;
- stay of the child in the state.
How to increase the amount of alimony in a fixed amount?
Just as at the request of one of the parents (usually the alimony payer) the amount of alimony can be reduced by the court, the opposite is also possible - (most likely, the alimony recipient). Changes in family and financial circumstances can also serve as the basis for an increase.
It is difficult to imagine such a situation, but theoretically a 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, due to a decrease in her income.
So, grounds for increasing the amount of alimony may be:
- a significant decrease in the income of the alimony recipient (for example, due to a decrease in wages);
- loss of work by the recipient of alimony (for example, due to staff reduction);
- a noticeable increase in the prices of basic consumer goods, while the wages of the alimony recipient remain unchanged;
- illness of the alimony recipient, as a result of which significant funds are required for examination, treatment and rehabilitation, and there are not enough funds to support the child;
- the appearance of dependents by 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 apply for a change in the amount of alimony?
Since unauthorized changes in the amount of alimony are 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 mandatory notarization.
- If the amount of alimony is determined by the court only the 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, it is necessary to indicate the grounds for reducing or increasing payments, provide weighty evidence of this. Samples can be found in the articles "" or "".
When changing the amount of alimony in the direction of decreasing or increasing, the needs and abilities of both parents must be taken into account. So, with an increase in the amount of payments, the alimony payer should not be left completely without a livelihood. And with a decrease, the child should not be deprived of the necessary material benefits.
Alimony indexation
Alimony recipients often complain that the fixed amount established by the court or agreement is “eaten up by inflation”. To prevent this from happening, the law provides for another way to increase the amount of alimony -.
Indexation is an increase in a fixed amount of alimony based on an increase in the living wage. 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 employer of the payer. The following formula is used to index child support:
The amount of alimony in a fixed amount of money
The amount of the subsistence minimum at the time of the court decision and the determination of the amount of alimony in a fixed amount of money
The amount of alimony as a result of indexation
An example of indexation of alimony in a fixed amount of money
To understand how the indexation of alimony is carried out, you can use an example.
Citizen Torsunova applied to the court for alimony for a common minor child from her ex-husband. The court determined the collection of alimony in a fixed amount of money, a multiple of the subsistence minimum - in the amount of 1.5 subsistence minimums.
In this case, the indexation of alimony will be carried out according to the following formula:
The amount of alimony in a fixed amount of money as a result of indexation
The subsistence minimum at the time of indexation
Multiplicity established by the court
Thus, the amount of maintenance payments in the first quarter of 2019year was calculated as follows:
10,753 x 1.5 = 16,129 rubles
In the third quarter of 2019 (relevant at the beginning of 2020) by Order of the Ministry of Labor of Russia No. 738n the subsistence minimum was increased to 11,012 rubles, in connection with which the indexation of alimony was carried out:
11,012 rubles x 1.5 = 16,518 rubles.
Arbitrage practice
Let's see how this happens in practice.
Example:
Citizen Andrushchenko filed a lawsuit against citizen Ivanov to recover child support 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 jobs. Previously, he received a salary of 10,000 rubles and voluntarily paid alimony of at least 2,500 rubles. At the moment, Ivanov receives low wages - only 5,000 rubles, does not pay alimony. Recovery of alimony in the form of a share of this earnings will significantly violate the interests of the child.
The court considered noteworthy 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 paragraph 1 of Article 83 of the RF IC, the court has the right to establish monthly maintenance payments in a fixed amount of money if another method of collection violates the rights of the child. In addition, the court took into account the recommendations of the Supreme Court of the Russian Federation, according to which, when determining a fixed amount of alimony, the child should, if possible, maintain 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 security. The court determined the amount of alimony in a fixed amount of money - ¼ of the subsistence minimum, which at the time of the decision amounted to 2648 rubles.
Advantages and disadvantages of "hard" alimony
Advantages collection of a fixed amount of alimony is obvious.
- First, the alimony payer often hides his real income, pays alimony on the basis of minimum wage documents or "zero" declarations. A fixed amount of alimony is an opportunity to recover an amount corresponding to the real material capabilities of the payer.
- Secondly, it is convenient in cases where it is impossible to determine the exact amount of wages, and therefore it is impossible to calculate the share of income.
Of course, there are also limitations this way. Firstly, if the percentage of indexation of a fixed amount of alimony is not established by the court, in a few years there will simply not be enough money to support the child. Secondly, there is no guarantee that the fixed amount set by the court will be higher than or higher than the subsistence level. Disadvantages include lengthy and complex litigation.
Let's summarize:
- A flat-rate alimony is an alternative to a share of income.
- Suitable if the payer receives unofficial income, is unemployed, has income in kind or foreign currency.
- The amounts can be collected by agreement of the parents or in court. The first way is voluntary, when the mother and father themselves determine a fixed monthly amount of child support. The second way is forced, when the father evades paying them.
- The calculation of alimony in a fixed amount is based on the cost of living in the region.
- The amount of payments can be reduced or increased (at the request of the father or mother). One option is the indexation of alimony. It is applied in case of a change in the subsistence minimum in the region where the child lives.
- To change the amount of "solid" alimony, you need good reasons.
- The objective difficulty of collecting in this form is low payments, concealment of income, "zero" declarations, etc.
Having chosen alimony in a fixed amount of money, the recipients must remember that the calculations and recalculations fall on their shoulders. The payer will not follow the subsistence level, take into account the indexation, the cost of the child and other factors. It is the mother who monitors all the changes. Often there are difficulties with this. The father can hide income, file counterclaims, statements and appeals. In order not to deprive the child of a decent content, you need to be able to defend your legal rights. If you have any difficulties, ask our lawyers a question. Together we will find a way out of the situation, calculate alimony, take into account inflation and other risks. A free consultation will save you from a long search for information.
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