Registration of fixed alimony. Litigation on alimony in a fixed amount of money with examples Fixed amount of elements
Alimony can be paid not only as a percentage of salary, but also as a fixed amount.
Such a payment procedure can be beneficial to both parties, but for its appointment, good reasons or a mutual agreement of the former spouses are needed. Consider how to file for child support and determine the amount of payments.
When can I file for child support?
Child support can be collected in two ways. Most often, the calculation takes into account the official income of the payer, from which a percentage is taken, which varies depending on the number of children.
Such payment is provided for:
- the payer has an official place of work with a constant salary;
- other stable income (from renting out real estate, etc.).
In the standard calculation of alimony, only income received officially is taken into account.
Money received under gray schemes is difficult to fix, so they do not participate in determining the amount of alimony. In the absence of a regular income, the court may propose the recovery of a fixed amount. It can be paid in one or more installments, but more often payments are made on a monthly basis.
This payment method is provided for:
- the payer has no official income;
- receiving wages or part thereof in foreign currency;
- fluctuating amount of income (for example, with seasonal earnings, rotational or other payments).
The court always takes into account the interests of the other party and the children. It is believed that the received alimony should guarantee the child the usual standard of living. Naturally, in practice this situation is rarely maintained.
Alimony in hard cash
The amount of alimony can be calculated taking into account:
- basic salary;
- all additional payments, compensations and bonuses received at the main or additional place of work;
- royalties and royalties;
- pensions and scholarships;
- disability benefits;
- income received from subsidiary farms or the lease of personal property;
- interest on securities and bank deposits.
The fixed amount is determined depending on the income of the alimony payer
Persons serving a term in places of deprivation of liberty, who are in corrective labor, and who are undergoing treatment in narcological dispensaries are not exempted from obligations to pay alimony.
When determining the amount of alimony, the following are not taken into account:
- compensation for travel expenses;
- maternal capital;
- maternity allowance;
- alimony for other children and compensation payments received on them;
- burial allowance;
- survivor's pension;
- reimbursement for medical treatment.
The amount of the fixed payment is calculated taking into account the subsistence minimum. This figure is different in different regions of the Russian Federation, if it is not installed in a particular locality, the calculation is carried out taking into account the all-Russian.
Alimony request is filed in a statement of claim
When filing a lawsuit, it must be indicated in it the motives for which you require the transfer of fixed sums of money. If both parties agree, litigation can be avoided. It is enough to draw up a contract and certify it with a notary. The document indicates the amount that the alimony payer is ready to pay.
By agreement with the second party, the payment can be a lump sum, periodic or regular (for example, monthly).
It is also possible to pay a fixed amount by registering real estate, securities or other personal property for the child, the value of which is comparable to alimony.
How to reduce the fixed amount of alimony?
In the absence of a mutual agreement, the court will help decide how much the alimony should pay. However, the amount appointed during the meeting may be changed over time. You can file a second claim indicating that the payer's income has increased and demanding more payments.
At the initiative of the payer, alimony can be reduced
Child support payments may be reduced if:
- the birth of another child by the payer in a new family;
- a sharp decrease in income that can be confirmed;
- serious illness or disability of a citizen paying alimony;
- transfer of a child receiving alimony to the care of the state;
- the payer has disabled dependents (an adult disabled child or elderly parents).
Note!
To reduce the fixed amount, the payer must file a claim, to which copies of documents confirming his rights are attached.
The application may be appealed by the other party. To prevent this from happening, it is recommended to involve an experienced lawyer who understands family law issues to draw up a claim. He will not only help you collect the necessary papers, but also, if necessary, represent your interests in court.
Claim for a fixed amount of child support
An application for the payment of alimony in a fixed amount indicates:
- the name of the judicial authority;
- surname, name and patronymic of the applicant;
- surname, name and patronymic of the defendant (future recipient of alimony);
- a detailed statement of the reasons why the payment of a fixed amount of money is justified;
- the price of the claim (the annual total of expected payments);
- list of attached documents and their copies.
A copy of the marriage and divorce certificates, birth certificates of the child, as well as documents confirming the payer's income must be attached to the claim.
A statement of claim for the recovery of alimony is submitted to the court office along with accompanying documents and is accepted against receipt
If the papers are not properly executed, the claim may be denied. In this case, it is recommended to correct all errors and reapply.
A copy of the claim is sent to the defendant, after which both parties receive subpoenas indicating the place, date and time of the meeting. Usually the claim is considered within a month. After the decision is made, it can be appealed within 30 days.
To protect your interests, it is better to involve an experienced lawyer in drawing up a claim. He will help to collect the necessary papers and correctly compose the text. The decision of the court and the amount of alimony that the child will receive depend on how detailed and well-argued your requirements are.
Parents are required to support their children until they reach adulthood. Alimony can be collected both in shares of earnings and in a fixed amount. In the first option, it is enough to file an application for a court order with a justice of the peace and receive a writ of execution in 3 days. In the second case, you will have to go through all the stages of the civil process: from receiving an application to a court decision and issuing a writ of execution. The term of consideration of the case will be 1 month. And the same number of decisions will come into force.
Grounds for collection
The law clearly stipulates the conditions when alimony can be collected in a fixed amount:- the absence of a voluntary agreement on the maintenance of the child (meaning its notarization),
- inconsistent or frequently changing salary,
- availability of income received in foreign currency or in kind (in whole or in part),
- no income
- other cases when it is difficult to recover in shares or it violates the interests of the child and worsens his situation.
Claim preparation
If there are one or more grounds under which it is possible to collect material maintenance in a fixed amount, it is necessary to draw up a statement of claim. As a rule, in each world court there are samples of such claims.The application must comply with the requirements of the Code of Civil Procedure of the Russian Federation and contain:
- address and number of the court site,
- personal information about the parties,
- the essence of the stated requirements, including information about the children, and the reasons for the recovery of alimony,
- in the pleading part - a request to the court to satisfy the claim and the desired amount of monetary support.
Documents must be attached to the claim: marriage or divorce certificate, birth documents of children, information about the place of residence of children (certificate), information about the plaintiff's income. If possible, you can provide evidence confirming the type and amount of the defendant's income.
One of the requirements of the law: the collection of alimony in such an amount that would keep the child a decent standard of living.
But do not despair if such documents are missing. Having accepted the claim for proceedings, the judge will definitely demand them from the opposite side.
The state duty when filing claims for the recovery of alimony is not paid by the plaintiff.
Sometimes a parent receives a salary “in an envelope”, declaring a small official income. Meanwhile, with a small salary, the defendant may own expensive property: a car, a house, an apartment, a land plot. When preparing a claim, it is necessary to keep these factors in mind and report them to the court.
The court will check the arguments of the plaintiff and, if they are confirmed, may conclude that the defendant has additional income, which he does not want to report. The judge will take into account these facts and make a positive decision.
The amount of alimony should be indicated in the number of minimum wages (minimum wages): 2 minimum wages, 4 minimum wages, etc. When the minimum wage rises, alimony is indexed along with it.
Applying
The claim is filed in the number of persons participating in the case. It is necessary to prepare the same number of photocopies of the above documents for it. As a rule, three packages of documents are obtained (to the judge, the plaintiff and the defendant). On the reception day (and they receive it almost daily), you should appear at the required judicial district and file a claim.After 5-6 days, the judge calls for a conversation. During the conversation, you can make petitions to send requests to find out what property the defendant has. Based on the results of the interview, a court hearing is scheduled.
Based on the foregoing, filing a claim is not particularly difficult. The main thing is that there are grounds for their recovery.
What is Fixed Alimony? Let us turn to the 85th article of the Family Code, from which it follows that in the absence of a mutual agreement between the former spouses, the amount of alimony can be determined in a fixed amount of money, which it will be obliged to pay monthly. In this case, the court will take into account the financial, marital status of the parties and their other interests. Let's consider this issue in detail, based on the norms of the current legislation.
In what cases can the court order the payment of alimony in a fixed amount?
- The parent has irregular earnings and/or fluctuating income.
- Receives earnings and / or income partially or completely in kind or in foreign currency.
- The parent has no income and/or earnings at all.
- In cases where the repayment of alimony debt in proportion to any income, earnings is impossible, significantly violates the interests of the parties or is difficult.
In order to accrue fixed, the fixed amount of money will be determined in court. In this case, the main basis for calculating the amount of maintenance payments will be the need to maintain the previous level of material support for the minor. The family, financial situation of all interested parties and other circumstances that deserve attention are also taken into account.
If the income / earnings of the parent is insignificant, but at the same time the payer has significant property, the recovery of alimony can be applied to this property. In this case, alimony will be accrued in two types at the same time:
- from the regular part of the income / earnings of the parent received by him in Russian rubles - in a share ratio;
- from irregular and / or fluctuating earnings / income received in foreign currency or in kind - in a fixed amount of money.
In most cases, the collection of alimony is made before the child reaches the age of majority. However, the law may oblige a parent to support an adult child in case of his disability. The procedure for payment and the amount of maintenance payments for adult disabled children is also determined by the court in a fixed amount, based on the family, financial situation of the parties and other significant circumstances.
Calculation of the amount of alimony
The minimum fixed amount of alimony is not specifically established by law.
The amount of maintenance payments collected from the payer in a fixed amount of money is calculated by indexing, which is carried out in proportion to the growth of the subsistence minimum for a certain socio-demographic group of citizens, established in the subject of the Russian Federation at the place of residence of the person - the recipient of fixed alimony.
If the value of the subsistence minimum is not established in the corresponding subject, then the value for Russia as a whole is taken as it.
Thus, the amount of fixed maintenance payments is set as a multiple of the subsistence minimum or as a share of it.
Where to apply?
If the parents of the child failed to agree on a fixed amount of alimony, they did not conclude a mutual agreement, and there is a dispute over the payment of alimony, the potential recipient of financial assistance has the right to go to court. The lawsuit is filed in the name of a judge at the place of residence of either the plaintiff or the defendant.
If no payments were made by mutual agreement between the parties before going to the judge, then the recipient of alimony has the right to go to court at any time.
When the obligation of a parent to support a child ceases (by a court decision):
- when the child reaches the age of majority;
- when a minor acquires full legal capacity before the 18th birthday;
- when adopting a child;
- upon termination of the need and/or restoration of the ability to work of the recipient of the maintenance;
- after the death of one of the interested parties.
A fixed amount of alimony can be determined by the parents themselves by concluding a mutual agreement. However, the amount of material maintenance cannot be less than that which the court would determine.
Currently, many couples get divorced, and the children stay with one of the parents and most often with the mother.
It is difficult for a woman to provide sufficient material support without the help of the father of the child, so this controversial issue is very relevant in society.
How to collect alimony from the second parent for the upbringing of children in a fixed amount of money? Let's look at the norms of the legislation of the Russian Federation, which may oblige to collect such funds for the maintenance of their children.
What it is
In life circumstances, very often the money recovered 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 life.
In legislation they are called hard money alimony.
The difference between the two types retention is as follows:
- When a parent's funds are withheld in favor of a child, their size is not at all tied to the subsistence minimum established in the subject of the Russian Federation. Collecting a share of finances from the funds he receives in the form of wages can sometimes be problematic. Especially when he or another source of income. There are also cases when he receives a shadow salary "in an envelope", from which it is impossible to officially collect alimony.
- The award of payment in a fixed amount of money does not depend on the defendant's income, but is set as a multiple of the subsistence minimum. Therefore, he will be obliged to monthly transfer the awarded cash payment in favor of the child, regardless of whether he works or not.
The guaranteed receipt of a constant amount of money allows you to better plan the monthly expenses for the child.
Advantages and disadvantages of this type of alimony accrual
Receipt of fixed sum penalties has several benefits:
![](https://i2.wp.com/posobie-help.ru/wp-content/uploads/2016/12/alimenti_v_tverdoj_deneznoj_summe_preimushestva.jpg)
However, there are also limitations for this method of collecting alimony:
- Due to the constant rise in prices and inflation, the constant amount may become too small. After a few years, it will not be enough to meet the needs of the child, especially if the court decision does not indicate the calculation of interest indexation.
- There is no guarantee that the fixed amount awarded will be higher than a share of the salary or more than the subsistence level.
- Very long and complicated legal proceedings.
Conditions and grounds for the appointment of these payments
Receive child support the following persons may:
![](https://i1.wp.com/posobie-help.ru/wp-content/uploads/2016/12/alimenti_v_tverdoj_deneznoj_summe_preimushestva.jpg)
Even if these persons have already sued and receive maintenance money in the form of a certain share of the defendant's income, they can still apply to the court to transfer their amount to a fixed monthly amount.
Collection methods
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's take a closer look at both of these options.
Voluntary consent
If there was a break between the spouses, but they retained respect for each other, then they can come to a mutual agreement on the transfer of material assistance to the child.
To do this, they need to sign in the presence of a notary.
It also happens that the father is happy to provide financial assistance himself. In this case, the spouse is not required to apply. A man can independently initiate permanent payments by sending his application to the administration of the enterprise.
To keep alimony in a fixed amount of money, the following data must be indicated in the document:
![](https://i2.wp.com/posobie-help.ru/wp-content/uploads/2016/12/alimenti_v_tverdoj_deneznoj_summe_vziskanije.jpg)
Collection of funds by force
If the payer disagrees with the arguments of the recipient, it is necessary to draw up and file a lawsuit in court.
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, it is established by the regional authorities independently.
For this, you can contact experienced lawyers.
The amount of the fixed payment can be review periodically. 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. You need to focus and do everything right so as not to waste precious time.
The procedure for issuing and collecting payments
The fundamental rights of recipients of maintenance payments are set out in Section 13 of the Family Code of the Russian Federation.
According to the current legislation, such cases on the recovery of a fixed amount from the defendant cannot be executed in the form of a court order. Proceedings are held only after the filing of a statement of claim with the involvement of both parties in the process. Moreover, the court will open proceedings on this issue if there is no mutual agreement between the parties.
Reasons for arousal Court proceedings for the purpose of awarding a fixed amount of alimony may serve as such circumstances:
![](https://i0.wp.com/posobie-help.ru/wp-content/uploads/2016/12/alimenti_v_tverdoj_deneznoj_summe_oformlenije.jpg)
The plaintiff has the right to address his application to the court, both at the place of residence of the debtor, and to his district branch. The justice of the peace examines the circumstances of such cases. The application is accepted without payment of state duty.
Calculation procedure
The fixed amount awarded by the magistrate's court is primarily depends on the cost of living, which is established by local authorities in the subject of the Russian Federation. If it was not accepted by the local government, then when imposing penalties, they take into account the level that was assigned for the whole country. To make a decision, these parameters are the main ones for assigning deductions in the minimum amount.
In each specific situation, maintenance deductions in a fixed amount of money 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 alimony payer.
The decision taken should not lead to a significant deterioration in the living conditions of children.
Rules for changing the amount of payments
Earlier decisions of justices of the peace can be reviewed. Changes can either increase or decrease the amount assigned to withholding.
It all depends on the reason why one of the parties applies to the judicial authority on this issue. However, neither the alimony nor the accountant of the company where he works have the right to independently decide how much will be deducted in favor of the recipient.
Often reasons for going to court to change the fixed amount of alimony are the following circumstances:
![](https://i1.wp.com/posobie-help.ru/wp-content/uploads/2016/12/alimenti_v_tverdoj_deneznoj_summe_izmenenije.jpg)
In the presence of such weighty reasons, there may be a decrease or increase in the approved amount of child support. It is re-appointed only by judicial procedure. When drawing up a claim, it is necessary to indicate what grounds have appeared for changing the fixed amount in the direction of increase or decrease. They need to be backed up with solid evidence.
If between the parties an agreement, then in order to make changes, you must enter the appropriate data in this document. New changes in this case should be performed on a voluntary basis jointly by both parties and notarized.
The change in the fixed increase must cover the needs of both parents or the child, but the payer cannot be left 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.
Reducing the amount of payments
There is a number of good reasons when the court revise the fixed amount of alimony and assign them to a smaller amount:
- A reduction in payments can be established if the payer's financial situation has worsened. He can be fired when the company's staff is reduced or become seriously ill, get disabled, etc. Such circumstances sharply reduce income, so he can go to court to reduce the amount of alimony.
- If the defendant's family has changed 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 maintenance for them too. By law, he must support 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 decrease in payments may be the fact that the child has his own property, which brings him a good income. Or if it is on the maintenance of the state.
Increasing the amount
The grounds for increasing the amount of penalties in favor of the recipient of alimony may be the circumstances that influenced the improvement of the financial situation of the defendant. As a rule, the application is submitted by someone who is interested in receiving large sums. At the same time, in court, you need to confirm the motivation of your claim with evidence.
Main reasons to which the applicant may refer are:
![](https://i0.wp.com/posobie-help.ru/wp-content/uploads/2016/12/alimenti_v_tverdoj_deneznoj_summe_yvelichenije.jpg)
Either party may file a claim with the court to influence the amount of penalties. The main thing is that there should be evidence confirming the occurrence of compelling circumstances that affected the financial situation of the payer or recipient.
Payout indexation
Inflation has a significant impact on the financial position of the recipient of funds, because. a fixed amount of payments reduces purchasing power over time with a significant increase in prices.
Therefore, the law provides for conditions for increasing the amount of alimony - indexation. This parameter allows you to increase the amount in accordance with the growth of the subsistence minimum, which is determined quarterly 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 a fixed amount of money is described in the following video:
The maintenance of minor children is a sacred duty of parents (SC Art. 80), from which they can be released only upon the adoption of a baby or the death of one of the parties.
What is alimony paid in a fixed amount?
The standard form of alimony is calculated as a percentage of the parent's official earnings: 25% - 33.33% - 50% for 1 - 2 - 3 children, respectively (SC Art. 81).
Such alimony will be requested by a court order (CPC Article 122), if the situation is not complicated by the establishment of paternity, numerous writ of execution by the plaintiff and other circumstances requiring a thorough trial.
Important! Going to court on a maintenance issue is permissible only if the parents cannot independently agree, that is, there is no valid notarized maintenance agreement (SC Art. 83, paragraph 1, 100, paragraph 2).
Article 100. Form of an agreement on the payment of alimony
- An agreement on the payment of alimony is concluded in writing and is subject to notarization.
Failure to comply with the statutory form of an agreement on the payment of alimony entails the consequences provided for in paragraph 3 of Article 163 of the Civil Code of the Russian Federation.
- A notarized agreement on the payment of alimony has the force of a writ of execution.
The grounds for requesting fixed alimony (SC Art. 83) are:
- inconsistency of shared alimony with the real expenses for the child;
- infringement of the interests of the baby and the inability to maintain his usual conditions;
- the inconsistency of the parent's earnings;
- earnings in currency or in kind, as well as the combined remuneration of his work;
- problems with formal employment or lack of work;
- receiving income outside of Russia.
Article 83. Collection of maintenance for minor children in a fixed amount of money
- In the absence of an agreement between the parents on the payment of maintenance for minor children and in cases where the parent obliged to pay maintenance has irregular, changing earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the recovery of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected on a monthly basis, in a fixed amount of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed amount of money.
- The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child's previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.
- If children remain with each of the parents, the amount of alimony from one of the parents in favor of the other, less well-off, is determined in a fixed sum of money collected monthly and determined by the court in accordance with paragraph 2 of this article.
Child support is levied on almost all of the parent's income that can be found (PP No. 841 07/16/1996 edition 04/09/2015).
The exception is targeted benefits and compensation payments aimed at maintaining the life and / or health of a needy citizen (Federal Law No. 229 on IP 02/10/2007 edition 28/12/2016 Art. 101).
Fixed child support does not depend on the official earnings of the separated parent, but is directly linked to the volume of the child's consumer basket in the region of residence.
When assigning fixed alimony, the court takes into account all types of the defendant's income that the plaintiff can detect, reasonably prove their existence and size.
How to determine their size for two children?
In this section, we will share the principles by which you can calculate the amount of maintenance payments in a fixed form. Fixed alimony in the general case cannot be lower than the percentage of recovery introduced by Article 81 of the UK.
Article 81
- In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: 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.
- The amount of these shares may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances.
The mother may request such an amount at if:
- be able to prove the father's income.
- The father is not burdened with other maintenance obligations.
- It doesn't work for obvious reasons.
- Can prove that such an amount is required for the maintenance of children.
If the mother works, then the amount of alimony will be set taking into account her earnings (SC Art. 61). When assigning child benefits, the court takes into account the life situation, the actual financial situation and the state of health of both parties.
Article 61. Equality of rights and obligations of parents
- Parents have equal rights and bear equal responsibilities towards their children (parental rights).
- Parental rights provided for by this Chapter shall terminate when the children reach the age of eighteen (the age of majority), as well as when minor children enter into marriage and in other cases established by law that children acquire full legal capacity before they reach the age of majority.
What is the amount to indicate for fixed payments?
What amount should be indicated in the application for the collection of child support payments? The estimated amount of alimony indicated in must be justified and documented. In addition, the lawsuit affixes its multiplicity to the officially established territorial indicator of the subsistence minimum.
For example, 10,000 rubles correspond to 1.06 PM in the federal calculation, or 0.99 PM in Sevastopol, or 1.27 PM in the Belgorod region.
One of the disadvantages of requesting fixed alimony is the lengthy collection of evidence of the actual need of the child. To do this, you will have to collect checks (food, clothes, medicines) and receipts (kindergarten, study, medical care, mugs, procedures, etc.) for at least 2 months, and then calculate the required monthly amount.
The obligations of parents for the maintenance of children are equivalent (SC Art. 61), that is, the participation of both parents (income) is taken into account.
If one of them does not work for valid reasons (leave for BiR, caring for a child and another family member, severe health condition or disability, etc.), then the obligation to support the baby rests with the second parent.
Important! The expenses for the maintenance of minor children are distributed between both parents, taking into account their financial situation.
How to calculate payments?
It should be remembered that you should not operate with amounts "taken from the ceiling." The court will not take into account the unfounded claims of the plaintiff - the receipts and checks on the basis of which the calculation was made must be attached to the application (find out how the samples of statements of claim for alimony in a fixed amount look like).
Example. After the divorce, the mother was left with 2 children (4 and 10 years old), who from birth lived in abundance. The official salary of the father is 12 thousand. He has a solid bank account in a foreign bank, which is known to his ex-wife.
Not wanting to be content with alimony of 4 thousand (1/3 for two children, Article 81 of the UK), she collected checks and receipts for 3 months, after which she made simple calculations: 32.5 thousand rubles were required for monthly children's needs.
The father refused to pay any amount over 4,000, being sure that the court would not take into account the fact that he had a bank account abroad.
Having considered all the details and received confirmation of the evidence cited by the woman, given the extremely low earnings of the plaintiff, the intractable nature and dishonesty of the defendant, the court appointed alimony to the father: 1/3 of the official earnings plus 11,000 for each child, paid monthly.
Indexation of alimony in a fixed amount of money
Fixed alimony is not a frozen amount. They are tied to the size of the child's subsistence minimum in the region where the child lives and are indexed 4 times a year (SC Art. 117; Federal Law No. 134 on the subsistence minimum 24/10/1997 edition 3/12/2012 Art. 7) together with the PM indicator.
- The bailiff, as well as the organization or other person to whom the enforcement document was sent in the case established by part 1 of article 9 of the Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings", index the alimony collected by court decision in a fixed sum of money, in proportion to the growth of the subsistence minimum for the corresponding socio-demographic group of the population, established in the corresponding subject of the Russian Federation at the place of residence of the person receiving alimony, in the absence of this value in the corresponding subject of the Russian Federation, this indexation is carried out in proportion to the increase in the subsistence minimum for the corresponding socio-demographic group of the population as a whole in the Russian Federation.
- The amount of alimony exacted by a court decision in a fixed amount of money, for the purpose of their indexation, is established by the court as a multiple of the subsistence minimum, determined in accordance with the rules of paragraph 1 of this article, including the amount of alimony may be established as a fraction of the subsistence minimum.
The size of the consumer basket is established by the Decree of the Government of the Russian Federation, Decrees of the Governments of the regions, Decrees and other local legislative acts (FZ No. 134, article 4). For this reason, the multiplicity of fixed alimony is stipulated for the territorial or federal indicator of PM.
Example. Alimony for a child living in Volgograd was established by the court in the amount of 1.2 PM. In September 2016, the amount of alimony received was: 8802 x 1.2 = 10562.4 rubles. (). In May 2017, the child was supposed to: 9283 x 1.2 = 11139.6 (Resolution of the Administration No. 233-p 10/05/2017).
The request for fixed alimony is quite legal and in some cases is the only possible option. It should be remembered that the court will take the side of the plaintiff and make a decision in his favor if the demands made are reasonable and well-reasoned.
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