Alimony in a fixed amount minimum. Fixed Alimony Amount
Fulfillment of maintenance obligations is possible in several ways. For the recipient, the main thing is that the debtor timely and in full transfers the monetary content to minor child. Some former spouses conclude that child support is the best option. amount of money. What is this technique? Why is it so widespread? What are the advantages of this method?
To make a payment of alimony in hard cash, you need to collect a package of documents and apply to the magistrate's court. Only this authority has the right to consider such cases. The size is determined based on the current cost of living. In 2020, the minimum wage in Russia is 11280 rubles (). The procedure for the judge’s actions is regulated by the Family Code of the Russian Federation.
Alimony in a fixed amount of money is assigned not only to support children under the age of majority. Such payments are provided for the maintenance of the second parent, who took upon himself the responsibility of raising the baby up to three years. To file an alimony, you should file a lawsuit and apply to the magistrate's court.
Number of common minor children: | 1 2 3 or more |
Second parent salary: |
rub. Error |
Subtract personal income tax from salary: | Yes no |
Other income of the second parent: |
rub. Error |
A feature of alimony in a solid cash amount is that the size of the payment does not depend on the salary and other income of the payer. Cash support is calculated in multiples of the cost of living. In situations where this indicator is not set, the judiciary takes into account the data that are indicated by the Government of Russia.
Hard Payment Terms
The court, having considered the case for the recovery of alimony from the defendant, can appoint payments in a fixed amount only if several conditions are met. The main thing is the absence between former spouses notarized agreement on the provision of cash assistance in favor of the child. In addition to this condition, it is necessary that the person to whom the recovery relates must meet one of the following parameters:
- a citizen has a changing or variable wage;
- a person is paid labor in foreign currency or is given income in kind;
- the defendant does not have a regular income.
In addition to the noted criteria, there is one more. This is a situation when the plaintiff does not like the plaintiff because of violations of the interests of a minor child.
Any of these factors is an occasion to appeal to the court for the appointment of alimony in hard cash. If the current situation does not fall under the marked positions, then payments are assigned in shares to wages.
The parent, in whose care the adult child is, has the right to collect child support from the defendant. If a person is 18 years old, he is declared incapable of work, does not work and needs specialized care, then it will not be difficult to perform such an operation. Please note that such information must be officially confirmed.
Also, fixed alimony can be assigned for an ex-pregnant wife or a woman who is raising a child who has not reached the age of three. Another option for the appointment of child support in solid form - the former spouse is recognized as in need of maintenance.
The amount of accrual of cash payments
Benefits
The key advantage of child support in solid form is the ability to recover funds from the payer that exceed the standard percentage of the salary (one of the provisions of the Family Code). Here the most important rule is the availability of evidence of the real size of the monthly income of the alimony.
Useful video: child support amount in hard cash
disadvantages
Alimony in hard cash is not without flaws. The main difficulty is the complexity and complexity of the process, as a result of which the court establishes a fixed amount of cash payment. In addition, the lawsuit proceeds long enough. If the plaintiff is ready to endure all difficulties and temporary losses, then this option can be used.
Rules for registration
To issue child support in a fixed monetary value, it is necessary to collect and provide a certain set of documents. Documentation along with statement of claim, which is drawn up in accordance with applicable rules, should be referred to a magistrate court. To open a case you will need:
- copy of passport and birth certificate of a child;
- certificate confirming the place of residence of the defendant;
- marriage certificate and termination document (copies);
- calculation of the amount of alimony claimed by the plaintiff;
- substantiation of expenses for the maintenance of a minor.
Only the plaintiff determines where the judge will consider the case (at the place of residence of the claimant of the alimony or at the place of residence of the defendant). When making a statement of claim, you must specify this information. The lawsuit must contain documented evidence of sources of income for the defendant.
Download a sample claim for the recovery of alimony in a fixed amount:
Arbitrage practice
The judicial practice of collecting alimony in a fixed amount of money indicates that in 2020 such payments have the right to receive:
- Minor children.
- Disabled adults.
- Parent raising a disabled child.
- Pregnant woman.
- Spouse who is engaged in the upbringing and maintenance of the child.
- A parent who, within 1 year after the divorce, became disabled.
Recently, the number of such court cases has increased, since in 2020 the number of unemployed and people hiding their real incomes increased.
Conclusion
Having finished the consideration of the case, the judge determines the amount of the penalty, which is indicated in the relevant decision. Only this document is the basis for execution writ of execution - a document that is subsequently transferred to the bailiff service. On its basis, specialists organize the process of collecting child support from the payer.
Obtaining child support in hard form is beneficial for those parents who are in the care of children under the age of majority who understand that the payer harbors his real monthly income. If it can be obligated to transfer a specific amount money, it’s better to choose this option when applying to the court. Moreover, subsequently, the size can be adjusted in the direction of increase or decrease.
Obviously, this option is not suitable for all recipients of alimony payments. Before going to court, everything should be weighed and analyzed. If possible, it is best to seek the advice of an experienced specialist who is involved in family law. In this case, errors are excluded. The plaintiff must understand that the well-being of a joint child depends on child support and their timely receipt.
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 to collect a solid amount of alimony.
Alimony in hard cash - An alternative way to determine the amount of maintenance payments. In contrast to the general method (which determines alimony as a share of earnings), this method determines alimony in multiples of the cost of living.
A full amount of alimony may be recoverable subject to established conditions.
Conditions and grounds for collecting alimony in a fixed amount
A full amount of alimony is collected by the court, provided that the parents do not have an alimony agreement and the parent-payer ...
- has erratic earnings;
- does not have official earnings;
- fully or partially receives wages in kind or foreign currency;
... or if the collection of alimony in the form of a share of earnings violates the rights of the child or the paying parent.
Cash Alimony Agreement
Parents themselves can agree to pay alimony in a fixed amount, without a court. In the written document they will draw up, by mutual agreement, a fixed amount of alimony to be paid monthly 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 lawsuit.
How to file child support in hard cash and recover?
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 solid cash amount
The court, having examined the requirements of the plaintiff and the defendant's objections, having studied the case materials, having analyzed the usual standard of living of the child, the material and marital status of the child’s parents, makes a decision - establishes child support in a fixed amount.
The calculation of the amount of alimony is based on the size of the subsistence minimum (PP), approved by the Government of the Russian Federation in a specific region of residence. This takes into account the place of residence of the child, and not the payer of alimony.
If a living wage is not established in a particular region, a fixed amount of alimony will be determined based on the size of the living wage throughout the country.
In some cases, the court may establish a combined method for determining the amount of alimony. For example, if the payer has the main job with constant salary and additional, non-constant income, the court may oblige it to pay a share of permanent earnings and a fixed sum of money (for example, 0.5 living wage) from additional earnings.
Amount of cash support paid in 2020
As mentioned above, child support in a fixed cash amount is determined a multiple of the cost of living (at the beginning of 2020, it amounted to 11 012 rubles) - nationwide or installed in a specific region of the country.
But in multiples - this does not mean equal. The firm sum of alimony can be equal to both 2 and 1/10 of the subsistence minimum.
How to challenge a child support in a hard cash
In order to challenge the court decision on the establishment of alimony in a fixed sum of money, it is necessary, in which to provide the court with evidence that the plaintiff provided untruthful information or presented false documents.
Resize child support
The amount of alimony payments may be revised up or down at the initiative of the payer or recipient of alimony. The reason for this may be a change in financial or marital status.
An increase or decrease in the fixed amount of alimony is made in court. Neither the alimony payer, nor the accountant of the company at the payer's place of work, have the right to independently cease payments or change the size of payments without an appropriate 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 need of parents).
How to reduce child support in hard cash?
For example, it is possible to reduce the amount of alimony in the event of such changes in the material and marital status of the payer or recipient of alimony ...
- disability payer (I or II group);
- extremely low payer earnings;
- the payer has other dependents (for example, elderly parents);
- the payer has other children who are also paid child support;
- achievement by a child of 16 years and satisfaction of his material needs from his own income;
- the child’s own income-generating property;
- stay of the child on the maintenance of the state.
How to increase the amount of alimony in a fixed amount?
Similar to how, according to the application of one of the parents (usually the payer of alimony), the amount of alimony can be reduced by the court, the opposite is also possible (most likely, the recipient of alimony). The reason for the increase can also serve as changes in family and material circumstances.
It is difficult to imagine such a situation, but theoretically, the father can apply for an increase in the amount of alimony while increasing his income. It is more likely that the mother of the child will demand an increase in child support, for example, in connection with a decrease in her income.
So, grounds for increasing the amount of alimony may be:
- a significant decrease in the income of the recipient of alimony (for example, due to a decrease salary);
- loss of work support by the recipient (for example, due to staff reduction);
- a noticeable increase in prices for basic consumer goods, while the salary of the recipient of alimony remains unchanged;
- illness of the recipient of alimony, as a result of which considerable funds are required for examination, treatment and rehabilitation, and there are not enough funds for the maintenance of the child;
- the appearance of dependents on 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 the person who provided financial assistance the recipient of alimony (parent, spouse).
How to make a change in the size 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 a court can change it. Therefore, it is necessary to apply to the court with a new lawsuit to review the amount of alimony. The statement of claim must indicate the grounds for reducing or increasing payments, provide substantial evidence of this. Samples can be found in the articles “” or ““.
When changing the amount of child support in the direction of decreasing or increasing, the needs and capabilities of both parents should be taken into account. So, with an increase in the size of payments, the alimony payer should not remain completely without means of subsistence. And with a decrease - the child should not be deprived of the necessary material wealth.
Indexing Alimony
Recipients of child support often complain that the fixed amount set by the court or by agreement “eats up inflation.” To prevent this from happening, the law provides another way to increase child support -.
Indexation is an increase in the fixed amount of alimony based on an increase in the cost of living. The cost of living is determined quarterly - at the federal or regional level. Therefore, child support is also indexed quarterly.
Alimony is indexed (recounted) bailiff or payer employer. The following formula is used to index child support:
Amount of support in hard cash
The amount of the subsistence minimum at the time of the court decision and the determination of the amount of alimony in hard cash
Index size of child support
Hard cash support indexation example
To understand how the indexation of alimony is carried out, you can use an example.
Citizen Torsunova appealed to the court for alimony for a common minor child from her ex-husband. The court determined the recovery of alimony in a fixed amount of money that is a multiple of the cost of living - in the amount of 1.5 cost of living.
In this case, the indexation of alimony will be carried out according to the following formula:
Index of child support in hard cash as a result of indexation
Living wage at the time of indexation
Court Multiplicity
Thus, the amount of alimony payments in the first quarter of 2019 years was calculated as follows:
10 753 x 1.5 \u003d 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 \u003d 16 518 rubles.
Arbitrage practice
Consider how this happens in practice.
Example:
Citizen Andrushchenko filed a lawsuit against citizen Ivanov to recover child support in a fixed amount.
In a lawsuit, she indicated that after the divorce, 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 a low salary - only 5,000 rubles, does not pay child support. Collecting child support in the form of a share of a given earnings will substantially violate the interests of the child.
The court found the argument worthy of attention that collecting child support in the form of a share of Ivanov’s earnings would substantially violate the interests of the child. According to paragraph 1 of Article 83 of the IC of the Russian Federation, the court has the right to establish monthly alimony payments in a fixed cash amount if another method of recovery violates the rights of the child. In addition, the court took into account the recommendations Supreme Court RF, according to which, when determining the 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 material support. The court determined the amount of alimony in a fixed sum of money - ¼ of the subsistence minimum, which at the time of the decision was 2648 rubles.
Advantages and disadvantages of “solid” child support
Benefits collection of a fixed amount of alimony is obvious.
- Firstly, 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 the ability to recover the amount corresponding to the real material capabilities of the payer.
- Secondly, it is convenient in cases where the exact amount of wages is impossible to establish, and therefore it is impossible to calculate the share of income.
Of course there are limitations of this method. Firstly, if the court does not establish the percentage indexation of a fixed amount of alimony, in a few years there will simply not be enough money to support a child. Secondly, there is no guarantee that the fixed amount established by the court will be higher than or higher than the cost of living. The shortcomings include a lengthy and complex litigation.
To summarize:
- A full amount of child support is an alternative to the share of income.
- Suitable if the payer receives unofficial income, is unemployed, has income in kind or in foreign currency.
- Amounts can be collected by parental agreement or in court. The first method is voluntary, when the mother and father themselves determine the fixed monthly amount child support. The second way is forced when the father evades paying them.
- Calculation of alimony in a solid amount is carried out from the subsistence minimum in the region.
- Payments can be reduced or increased (at the request of the father or mother). One option is indexing child support. It is applied in case of a change in the living wage in the region where the child lives.
- To change the size of a “solid” child support you need good reason.
- The objective complexity of collecting in this form is low payments, concealment of income, “zero” declarations, etc.
When choosing alimony in a fixed amount of money, recipients should remember that the calculations and calculations rest on their shoulders. The payer will not monitor the cost of living, take into account the indexation, expenses for the child and other factors. It is the mother who follows all the changes. Often there are difficulties with this. A father can conceal income, file counterclaims, statements, and appeals. In order not to deprive a child of 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 child support, take into account inflation and other risks. A free consultation will save you from a long search for information.
Including financially prescribed in the legislation of the Russian Federation and cannot be violated to the detriment of the interests of the minor.
That is why there are fixed alimony payments for a child, which make it possible to provide a minor with funds for maintenance, regardless of whether the payer has earnings.
In what cases are fixed child support payments established?
The legislation of the Russian Federation provides for several methods of accruing alimony:
- in fractions of the total income of the payer. This option is used if the obligated person has a documented and regular income;
- in a fixed amount, if there is no confirmed earnings or it is of an unstable nature.
In the second case, the court makes a decision on the accrual of alimony in a fixed amount in order to comply with the interests of a minor child. This is possible if the payer's income is seasonal or completely absent.
How to apply for child support with a fixed amount of payment?
It is possible to agree peacefully on the receipt of alimony in hard terms. To do this, the parties need to come to a general agreement on the timing of transfers.
However, if such an option is unacceptable in a particular situation, then it will follow. How to do this so that the meeting ends with a positive decision?
The applicant performs the standard sequence of actions:
- collection and preparation of documents;
- filing a lawsuit and documents in court;
- attendance at the meeting;
- receipt of a court decision;
- transfer of decision to bailiffs.
Each of these steps has its own characteristics and nuances. If the interested person is not confident in their own abilities regarding the preparation of the claim, they will need to turn to lawyers for help.
How to draw up a statement: sample drafting
When preparing a statement of claim, it is important to comply with all the rules and requirements of the law. If you neglect this, then mistakes made when filling out a statement of claim may cause it to be rejected.
List of required documents
When applying to the court with a claim for the recovery of alimony in hard terms, it is necessary to prepare a set of documents to confirm the validity of the plaintiff's claims.
The following papers may be included in the claimed package:
- claimant's passport;
- documents confirming availability (treatment, education, development);
- or ;
- testimony of witnesses if necessary.
Nothing is presented as evidence of the existence of income, since child support is accrued in hard terms.
If the size of the alimony does not suit the payer, then the proof low level income or the presence of additional costs - its problem.
Application processing terms and payment procedure
After filing a lawsuit, a certain period of time elapses, which consists of several segments:
- up to 5 days - to accept the claim for consideration;
- if everything is in order with the application, the court will schedule a meeting to be held within 30 days;
- the decision takes effect within 10 days.
You can delay the time in several ways:
- not to attend the meeting for a good reason - it will be rescheduled;
If the court makes a positive decision, then child support payments are usually assigned on a monthly basis.
The method of transferring funds may be different:
- in cash;
- to a bank account, etc.
In the first case, a receipt is required as evidence of receipt of money. In the second, no additional confirmation will be required, since in a controversial situation, you can request an extract from the bank.
How is the payout calculated in a fixed amount?
The final calculation of the amount is carried out by the court or the bailiff, depending on the situation.
Currently, many couples are getting divorced, and children remain living with one of the parents and most often with their mother.
It is difficult for a woman to provide sufficient material support without the help of the father of the child, therefore this controversial issue is very relevant in society.
How to recover child support from a second parent for raising children in hard cash? Let's look at the norms of the legislation of the Russian Federation, which may oblige to recover such funds for the maintenance of their children.
What it is
In life circumstances, very often the money collected from the defendant’s income as a percentage does not satisfy all the needs of the child. They are much lower. Therefore, the Russian Federation provides an alternative way to solve this problem, which allows you to keep monthly fixed payout for his decent living.
In the legislative acts they are called cash support.
The difference between the two types deductions is as follows:
- When deducting the funds of the parent in favor of the child, their size is not at all tied to the subsistence minimum established in the subject of the Russian Federation. Recovery of a share of finances from funds received by him in the form of wages can sometimes be problematic. Especially when he or another source of income. There are times when he receives a shadow salary "in an envelope", with which it is impossible to officially collect child support.
- The award of payment in hard cash does not depend on the defendant's income received, but is established as a multiple of the cost of living. Therefore, he will be required to monthly transfer the awarded cash payment in favor of the child, regardless of whether he works or not.
Guaranteed receipt of a constant amount of money allows you to better plan monthly expenses for a child.
Advantages and disadvantages of this type of accrual of alimony
Collecting penalties in a fixed amount has several the benefits:
However, there are limitations this method of collecting child support:
- Due to the constant rise in prices and inflation, a constant amount may become too small. After several years, it will not be enough to meet the needs of the child, especially if in judgment no interest on indexation will be indicated.
- There is no guarantee that the fixed amount awarded will be higher than the share of the salary or more than the subsistence level.
- A very long and complicated trial.
Terms and conditions for the purpose of these payments
Receive alimony The following persons may:
Even if these persons have already tried and have received alimony money in the form of a certain share of the defendant’s income, they can still file a lawsuit with the court to transfer their amount to a fixed monthly amount.
Collection methods
The receipt of funds is possible both by mutual agreement, and through the court in the event that the defendant evades the performance of his duties on a voluntary basis.
Let us consider in more detail both of these options.
Voluntary consent
If there was a gap between the spouses, but they retained respect for each other, then they can come to a mutual agreement on the issue of transferring material assistance to the child.
To do this, they need to sign in the presence of a notary.
It also happens that the father himself is happy to provide financial assistance. In this case, the spouse is not required to submit an application. A man can independently initiate constant payments by sending his application to the administration of the enterprise.
To keep child support in hard cash, the following data must be indicated in the document:
Forced collection of funds
If the payer disagrees with the arguments of the recipient, it is necessary to draw up and file a lawsuit.
Then the judge will determine the fixed amount of monthly deductions based on the living wage approved by law. For each subject of the Federation, regional authorities establish it independently.
For you can turn to experienced lawyers.
The size of a fixed payment can be periodically review. However, this should be done only in cases where there has been a significant change in the financial situation of the payer.
For the applicant, an important point is the procedure for filing and filing claims to withhold funds from the defendant. It is necessary to focus and do everything correctly so as not to lose precious time.
The procedure for registration and collection of payments
The fundamental rights of maintenance recipients are set out in section 13 of the Family Code of the Russian Federation.
By current legislation similar cases on the collection of a fixed amount from the defendant cannot be executed in the form of a court order. The trial is conducted only after the filing of the claim with the involvement of both parties. Moreover, the court will open proceedings on this issue in the event that there is no mutual agreement between the parties.
Reasons for arousal court proceedings in order to award a fixed amount of alimony may serve the following circumstances:
The plaintiff has the right to address his application to the court, both at the place of residence of the debtor and to his regional branch. The magistrate examines the circumstances of such cases. The application is accepted without payment of state duty.
Calculation Procedure
A fixed amount awarded by a magistrate court is primarily depends on the level of a living wage, which is established by local authorities in the subject of the Russian Federation. If it was not adopted by the local government, then when imposing penalties, they take into account the level that was assigned for the whole country. For decision-making, these parameters are basic for assigning deductions in a minimum amount.
In each specific situation, maintenance payments in a fixed cash amount are assigned differently, based on the income of the defendant and the needs of the child. When determining the amount of payment, the judge, first of all, considers the interests of children or other recipients, and then the payer of alimony.
The decision should not lead to a significant deterioration in the living conditions of children.
Rules for changing the amount of payments
Early decisions of justices of the peace can be reviewed. Changes can both increase and decrease the amount assigned to withholding.
It all depends on the reason why one of the parties addresses this issue in judicial authority. However, neither the alimony nor the accountant of the company where he works has the right to decide how much will be deducted in favor of the recipient.
Most often the reasons for applying to the court regarding changes in the fixed amount of alimony The following circumstances are:
If there are such good reasons, a decrease or increase in the approved amount of alimony can occur. She is reappointed only in court. When drawing up a claim, it is necessary to indicate what grounds appeared for changing the fixed amount in the direction of increase or decrease. They need to be supported by strong evidence.
If between the parties agreement is made, then to make changes it is necessary to make the relevant data in this document. In this case, new changes should be carried out voluntarily jointly by both parties and notarized.
The change in fixed increase should relate to the needs of both parents or the child, but the payer cannot remain completely without a livelihood. If the defendant wants to reduce the amount of deductions, then this should not deprive the child of the necessary material benefits.
Payout reduction
there is a number of good reasonswhen the court review the fixed amount of alimony and appoint them in a smaller amount:
- A reduction in payments can be established if the payer has gotten worse off. He can be dismissed during the reduction of the staff of the enterprise or seriously ill, get disability, etc. Such circumstances sharply reduce income, so he can go to court to reduce the amount of alimony.
- If changes have occurred in the composition of the respondent’s family and the number of dependents has increased, the court may also reduce the amount of penalties. For example, when a baby is born and the wife is in, then the defendant must provide decent content to them too. According to the law, he must contain elderly parents who have lost their ability to work. All these are good reasons that can affect the reduction of deductions from his income.
- The reason for the reduction in payments may be the presence of a child’s own property, bringing him good income. Or if he is on the content of the state.
Amount increase
The grounds for increasing the amount of penalties in favor of the recipient of the alimony may be circumstances that influenced the improvement of the financial position of the defendant. As a rule, an application is submitted by someone who is interested in receiving large amounts. At the same time, the court must confirm the motivation of their claim with evidence.
Main reasonswhich the applicant may refer to are:
Any of the parties may appeal to the court in order to influence the amount of penalties. The main thing is that there is evidence confirming the occurrence of compelling circumstances that have affected the financial situation of the payer or recipient.
Payout Indexing
Inflation has a significant impact on the financial situation of the recipient of funds, because a fixed amount of payments over time reduces purchasing power with a significant increase in prices.
Therefore, the law provides conditions for increasing the amount of alimony - indexation. This parameter allows you to increase the amount in accordance with the growth of the subsistence level, which is determined on a quarterly basis at the federal or regional level. Thus, the indexation of fixed penalties is carried out quarterly by the bailiff or the employer of the payer.
The collection of alimony payments in hard cash is described in the following video: