Alimony in a fixed amount: judicial practice

Alimony to provide the child with everything necessary can be prescribed by the court in two versions: as a share of the earnings of one parent and as a sum of money of a certain size, transferred monthly by the payer.

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Grounds for assigning a fixed amount of alimony

Typically, the court will decide to calculate child support as a percentage of the parent's earnings. Payments in a certain fixed amount are assigned only if the payer:

1. receives income irregularly;
2. receives all or part of the salary in foreign currency or in the form of natural products;
3. officially declared unemployed.

Each of these conditions may become the basis for assigning alimony in the form of a fixed payment. Another reason for such a court decision may be a significant deterioration in the financial situation in the family where the child lives, if payments are assigned as a share of the second parent’s salary .

Calculation procedure

Alimony is calculated in a fixed amount depending on the minimum subsistence level of the minor in the region of his residence . If current data on this indicator is not available, the calculation is made based on the average data for the country.

The amount of alimony may be less or more than the minimum subsistence level. It may differ from the amount the child receives in child support, calculated as a share of earnings.

Collection of alimony

To receive alimony in a fixed amount, you must apply to the court with a corresponding application . When considering the case, the following will be taken into account:

• the amount of payment requested by the plaintiff and its justification;
• all sources of income of the defendant (even unofficial ones, but they must be confirmed by witness testimony or other means);
• marital status of the parties: if the payer has a new family, the amount of alimony will most likely be minimal.

The plaintiff must take care to provide the court with information about all the payer’s income and evidence of their receipt.

Read more about applying for alimony in a fixed amount here. The claim form is available here.

Specific examples from judicial practice

All cases regarding the assignment of alimony are considered by the court individually, the decision is made based on the specific situation in the family.

Partial satisfaction of the claim

Citizen A applied to the court in 2014 with an application to assign alimony for her minor daughter born in 2010 from her ex-husband, citizen B. In the application, citizen A indicated that since 2012

she and her husband live separately, and since 2013 they have been officially divorced. All this time, she did not receive any financial assistance from her ex-husband to support the child and independently provided her daughter with everything she needed.

Citizen A, in her application, demanded the assignment of alimony in a fixed sum of money on the basis that citizen B is an individual entrepreneur and has an unstable income , and also receives part of the income in kind.

The woman asked for alimony in the amount of three subsistence minimums, indicating that this is how much she spends on food, clothing, kindergarten fees, medicines, toys and leisure activities for her daughter . In addition, citizen A asked the court to collect alimony for the past two years, since at that time her husband did not live with her and did not take part in the upbringing and maintenance of the child.

The court listened to the testimony of citizen B, examined the documents provided (in particular, the child’s birth certificate) and to partially satisfy the claim of citizen A.

Alimony was assigned in a fixed amount , since citizen B actually has an irregular income. The payment was assigned in the amount of 1.15 subsistence minimum per minor in the region, since this is the amount the defendant agreed to pay, and citizen A did not provide documentary evidence that she spends more on the child .

The court refused to collect alimony for the past period, since citizen B provided a receipt for the monthly receipt of money from the defendant for child support, written by citizen A in 2013.

Also, based on the plaintiff’s request, the court ordered the state fee for consideration of the case to be paid to the defendant.

Refusal to collect

Citizen E applied to the court to collect alimony in a fixed amount from citizen N, with whom from 2008 to 2013.

was in a registered marriage and has two children born in 2009 and 2011.

Citizen E indicated in her application that the court had previously ordered alimony in the amount of 1/3 of citizen N’s earnings, but this amount was clearly not enough to support two children .

In addition, citizen N has a part-time job (in addition to his official work as a janitor, he installs plastic windows) and has income from which alimony is not collected. Citizen E in her application asked the court to establish alimony in the amount of 50% of the subsistence level for each of the children .

The court reviewed the documents provided, listened to witnesses and decided to dismiss the claim. The reason for the refusal was the presence of a permanent place of work for the defendant, his receipt of regular income, as well as the lack of documentary evidence of his additional earnings .

The magistrate concluded that the plaintiff’s claims were due to the receipt of previously awarded alimony not in full and the attempts of citizen N to evade paying the full amount of alimony (in the amount of 1/3 of all types of his income, as previously decided by the court).

That is, the problem is not the amount of alimony, but the defendant’s desire to hide income. This issue is being dealt with by the bailiff service and the prosecutor's office. The earlier court decision remained unchanged, and the defendant has the right to appeal the results of the meeting within 10 days.

Full satisfaction of the claim

The plaintiff, citizen D., applied to the court for the assignment of alimony for the maintenance of two young children and herself from her ex-husband, citizen T. Since citizen T did not have a permanent job and at the same time paid alimony for the maintenance of a child from a previous marriage, the plaintiff asked to assign alimony in a fixed amount in the amount of 0.5 subsistence minimum for herself and in the subsistence minimum for each of the children.

Having considered all the documents provided and interviewed witnesses, the court decided to satisfy the stated claim in full .

The basis for this decision was: the defendant’s lack of a permanent place of work, his child support obligations towards his eldest child, and documentary evidence of the plaintiff’s expenses for children (citizen D provided the court with receipts from stores and pharmacies collected within one month).

Since the assignment of alimony in a shared amount would significantly affect the interests of the children (the amount received would be extremely small and would be transferred irregularly), the defendant did not have a permanent place of work, the court decided to pay a fixed amount of alimony.

If you are just planning to file for alimony, we recommend that you read the general procedure for filing and where to file a claim.

Court decisions and legal advice

There are many sites on the Internet where you can read court decisions and even get clarification from lawyers on the issue of alimony in a fixed amount. You can search for such information on forums. For example, here.

find case materials and expert advice on women's forums and websites dedicated to motherhood.

The websites of companies and private lawyers providing various legal services post on their pages materials of cases considered in court, which can also serve as an example.

Each magistrate's court and court of general jurisdiction has its own website on the Internet . These sites must contain information on all cases considered, including alimony issues.

• As well as options for consideration of cases by the court, questions from citizens and comments from lawyers, you can view them on special legal portals, for example, on a social network for lawyers.
• In any case, the court makes a decision that guarantees the greatest degree of respect for the interests of the child.
• Parents can use available examples of court orders to prepare for court hearings to provide complete information and avoid misunderstandings.

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Author of the article - Stepanov Roman Andreevich

Source: https://2supruga.ru/alimenty/oformlenie/v-tverdoj-denezhnoj-summe-sudebnaya-praktika.html

Alimony in a fixed amount of money 2019: Judicial practice on collection

Unfortunately, the practice of understating the amount of official income in order not to pay alimony to one’s own child left with his ex-wife has become widespread. However, the Family Code still makes it possible to protect the rights of the children of such irresponsible fathers. In such situations, it is not only possible, but also necessary to demand the collection of alimony in a fixed amount of money.

To do this, you will need to go to court. And the application not only expresses the desire to calculate and collect alimony in this form, but also gives such a request a legal basis.

This will require knowledge of some nuances of the law. Get the information you need in several ways:

1. Study on your own the Family Code and some other laws, PVS Resolutions relating to the consideration of family disputes and materials summarizing judicial practice. The knowledge gained as a result will allow you to defend your position in court. But the process of obtaining them will take quite a long time.
2. Contact a professional lawyer and enter into an agreement with him on representation of interests. This path will take a minimum of time, but will require significant financial costs. Such services are expensive.
3. Get free legal advice on our website. To do this, simply enter your question in the special form and click the submit button. After a short time, one of the specialists in the field of family law will give a detailed answer with an algorithm for further independent actions. This method will significantly save time and money.

In the meantime, let’s consider such issues as alimony in a fixed amount in 2019 and judicial practice during the same period.

Grounds for receiving alimony in the form of a fixed amount

As a general rule, maintenance in a certain amount is calculated in relation to adult, adult family members. This could be elderly parents, a disabled spouse, or a disabled adult child. But even in the case of assigning payments for the maintenance of common children until they reach adulthood, this method of determining their size can be used.

Read also: Medical examination for kindergarten and school: list of doctors for 1st grade

Child support is awarded in a fixed amount if the parent:

• does not have official employment;
• receives income depending on the season;
• at least part of the earnings is received in foreign currency or in kind (goods).

Another reason may be that the amount of earnings is such that paying a share of it according to the law will cause a sharp deterioration in the child’s situation. It is precisely this fact that the judge should focus on when filing an application for the collection of alimony in a fixed amount.

A prerequisite for requesting alimony through the court is the absence of a valid alimony agreement between the parents. This document, signed by a notary, has the same force as a judicial act. Therefore, if it exists, the claim on the same basis is not considered.

Calculation and indexation procedure

Alimony prescribed in a fixed amount is tied to a value called the subsistence minimum. And they are calculated in multiples of it. This indicator is established at two levels: the entire country and in the regions.

As a rule, the second indicator is slightly higher. The government of the Russian Federation and its constituent entities annually publish data on this value. In 2019 it amounted to approximately 9,400 rubles. This is the Russian average.

In a number of regions, for example, in Moscow, it turned out to be higher, more than 10,000 rubles.

To ensure that the money intended for the child is not “eaten up” by inflationary processes, the amount of support is indexed. The basis is an increase in the official cost of living.

Subsequently, the size of the tied payments increases proportionally. There is no need to file an additional claim to perform a recalculation. It will be done by bailiffs.

Accordingly, the amount collected from the parent will increase.

Arbitrage practice

Judicial practice does not indicate that recently alimony payments in a fixed amount have become more common. In contrast to the simplified procedure for resolving an issue through a court order, each claim is considered individually.

Both parties are invited to the room and can present their arguments for and against the appointment of payments in a fixed amount. And also insist on reducing or increasing it.

All alimony cases considered by the courts can be divided into three large groups according to the degree of satisfaction of the requirements set out in the statements of claim:

• fully;
• partially;
• unsatisfied.

Let us give examples of specific cases and court decisions on them, illustrating each group.

Full satisfaction of requirements

In August 2019, citizen N applied to one of the district courts of the Republic of Crimea. In her claim against her ex-husband, she demanded alimony from him for their common minor son.

It followed from the statement that the marital relationship was dissolved even before the birth of the child. Over the past time, the father has not taken any moral or material part in raising his son. Your request for alimony in the fixed amount of 8,000 rubles.

N explained that her ex-husband does not have a permanent job.

The defendant, citizen M, partially admitted the demands, explaining that he does not give up the child, but cannot pay the requested amount, because he is currently unemployed. But he is ready to transfer 4,000 rubles to his ex-wife every month, since he considers this amount sufficient to cover his son’s needs.

The court, in deciding the issue, took into account factors such as:

• the cost of living in this region is 10,204 rubles;
• citizen M’s young age and absence of other dependents;
• his lack of a permanent job and stable income;
• the defendant’s opinion about his non-recognition of the amount of alimony.

Having considered all the circumstances and arguments of the parties, the court decided to satisfy the claim in full.

Partial satisfaction of requirements

In July 2019, Citizen A filed a claim with the Nizhny Novgorod District Court to increase the amount of alimony. According to her, her ex-husband currently does not provide alimony for half of the subsistence level established in the region in 2019, and therefore she asks to protect the rights of their common child and increase the amount of payments to 0.5 of the subsistence level.

The defendant, citizen B, agreed with a partial increase in the amount of alimony. He explained his position by saying that his marital status changed after the divorce, he got married again and has two children. Increasing alimony for the first child to the amount required by the ex-wife will worsen the financial situation of the other two.

The court took into account that the defendant fulfilled his obligation to support the child from citizen A in good faith and has no alimony arrears.

In addition, having examined the documents confirming the amount of income at the time of filing the claim, the court found that the defendant’s arguments about the impossibility of paying more alimony were untenable. Based on this information, the court decided to partially satisfy the plaintiff’s demands.

And increase the amount of payments not to 0.5 of the subsistence minimum, but to 0.3 of its value. Thus protecting the rights of children from both their first and second marriages to receive equal shares of the subsistence minimum.

Refusal to collect alimony in a fixed amount

Citizen M. applied to the Soviet district court of Krasnodar with a claim for divorce and awarding her ex-husband alimony in the flat amount of 25,000 rubles. for the maintenance of their common minor daughter. The plaintiff explained her demand by the need for large expenses for the education and development of the child. However, she did not provide any documentary justification for such expenses.

The defendant, citizen M., did not object to the fact that alimony would be collected from him, but insisted on determining their amount in accordance with Art. 81 of the RF IC, since for the last three years he has had a permanent place of work and stable income. He can confirm its size with a 2-NDFL certificate, which is presented to the court.

The court motivated its refusal to satisfy the claims by the fact that there were no grounds for assigning alimony in a fixed amount. The defendant is able to work and has a permanent job with a stable income. Therefore, instead of the 25,000 rubles declared by the mother. the child will receive child support in the amount of 25% of the father's earnings.

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Source: https://sud.guru/semya/alimenty/v-tverdoj-denezhnoj-summe-sudebnaja-praktika.html

Alimony in a fixed amount

Fulfillment of alimony obligations is possible in several ways. The main thing for the recipient is that the debtor transfers the allowance to the minor child in a timely manner and in full.

Some ex-spouses come to the conclusion that alimony in a fixed amount is the best option.

What kind of technique is this? Why has it become so widespread? What are the advantages of this method?

General concept

To formalize the payment of alimony in a fixed amount of money, 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 subsistence level. In 2020, the minimum wage in Russia is 11,280 rubles (source). The procedure for a judge's actions is regulated by the Family Code of the Russian Federation.

Alimony in a fixed amount is assigned not only to support children under the age of majority. Such payments are provided for the maintenance of the second parent, who has taken on the responsibility of raising a child up to three years of age. To obtain alimony, you must file a claim and go to the magistrate’s court.

We also recommend using our online calculator:

The peculiarity of alimony in a fixed amount is that the amount of payment does not depend on the salary and other income of the payer. Monetary support is calculated as a multiple of the minimum subsistence level. In situations where this indicator has not been established, the judicial authorities take into account the data provided by the Russian Government.

Conditions for calculating payments in hard form

The court, having considered the case of collecting alimony from the defendant, can order payments in a fixed amount only if several conditions are met.

The main thing is the absence of a notarized agreement between the former spouses on the provision of monetary assistance in favor of the child.

In addition to this condition, it is necessary that the person to whom the penalty applies meets one of the following parameters:

• the citizen has a changing or inconsistent salary;
• the person is paid for work in foreign currency or given income in kind;
• The defendant has no regular income.

In addition to the noted criteria, there is one more. This is a situation where the alimony provider’s share of payments to wages does not suit the plaintiff due to violations of the interests of a minor child.

Any of these factors is a reason to go to court to assign alimony in a fixed amount. If the current situation does not fall under the noted positions, then payments are assigned as a share of the salary.

The parent who has custody of an adult child has the right to recover child support from the defendant. If a person is over 18 years old, recognized as disabled, does not work and needs specialized care, then performing such an operation will not be difficult. Please note that such information must be officially confirmed.

Also, fixed alimony can be assigned to a former pregnant wife or a woman who is raising a child under three years of age. Another option for assigning alimony in a fixed form is if the former spouse is recognized as in need of maintenance.

Amount of cash payments

Article 83 and Article 117 of the Family Code of the Russian Federation indicate the amount of alimony in a fixed amount. Some regions of Russia independently set this value. If there is no specific indicator on the territory of the subject, then the data accepted by the Government of the country are used.

Video

The court hearing a child support case must maintain a comfortable level of financial support for the minor. The judge must take into account the financial and marital status of both parties (claimor and defendant), listen to their arguments, and study the submitted documents on income. Only after this does he determine the amount of monthly monetary support.

When applying to the court, the plaintiff is obliged to provide a calculation of alimony. Moreover, the value of financial assistance must be justified and proven. Documents that confirm information about the defendant’s income help to complete this procedure.

One more nuance. A parent who does not want to pay large amounts of alimony should strive to provide the court with income certificates, which indicate the minimum possible amount of official earnings.

If the unscrupulous alimony provider is an individual entrepreneur, then he prepares documents that reflect an insignificant profit from commercial activities or a loss. It is clear that the alimony collector is not satisfied with this situation.

Read also: Payments and benefits for orphans: university, housing and communal services, housing

To achieve a fair court decision, it is necessary to present reasonable arguments proving that the payer has income that he is trying to hide.

The court orders payments depending on the documents provided. For the court, the official and unofficial income of the alimony worker is important. If everything is clear with the first group, then the hidden profit must be proven.

In addition, when assigning financial assistance, the judge also takes into account the marital status of the payer. A new family also requires maintenance.

Therefore, the plaintiff cannot count on monetary support, which exceeds the indicators specified in Article 81 of the RF IC.

Advantages

The key advantage of alimony in a fixed form is the ability to recover from the payer funds that exceed the standard percentage of the salary (one of the provisions of the Family Code). The most important rule here is the presence of evidence of the real size of the monthly profit of the alimony provider.

Source: https://YurPortal.info/alimenty/vzyskanie-alimentov-v-tverdoj-denezhnoj-summe-2020/

Alimony in a fixed amount: judicial practice

After
a breakup, spouses may develop bad relationships.
This often leads to a parent (usually a man) failing to fulfill his obligations
to raise and provide financially for his offspring.
In such a situation, the mother must defend the rights and legitimate interests of the baby by all means.

In order to
recover alimony from a negligent father, a woman needs to file a claim in
court.
In this case, payments can be assigned in two forms: a percentage of the defendant’s income or in a fixed
sum of money .
If the father of a minor has a small official income, then it is better to demand the collection of alimony from the TDS.
This must be indicated in the claim.

When the request is satisfied in full, in part, or if
a refusal follows, it will be described in the article.

Grounds for collecting funds in fixed terms

Most often, child support is assigned as a share of the citizen’s income. A fixed amount applies to the elderly or other groups of adult family members.

However, sometimes the mother of a minor can rely on the collection of financial assets from the father in the TDS.

This happens if the father of a minor:

• does not have an official place of employment;
• is employed in a seasonal job;
• receives a salary in kind or foreign currency (even partially).

As for the amount of income received by the negligent parent, it also affects the decision of the court.

So, if a person’s earnings are low, and the share allocated for the maintenance of the offspring worsens the latter’s situation, then the authority makes a decision on calculating alimony in fixed terms.

To demand payments for a minor, the plaintiff must not have an agreement concluded with the partner. A document certified by a notary office has the force of a court order. Therefore, if there is an act, the claim is rejected.

Agreement on children in case of divorce.

The amount of alimony in a fixed amount and its indexation

Alimony approved in the TDS (fixed sum) is tied to the PM (subsistence level). They are calculated as a multiple of the specified value. The basic indicator is set at the federal and regional levels.

The second value, as a rule, is larger and depends on the socio-economic characteristics of the region of the Russian Federation and its location.

In 2019, the Russian average is almost 9.5 thousand rubles. In Moscow, in turn, this figure exceeds 10 thousand rubles.

To ensure that funds do not depend on inflation processes, fees from the parent are indexed along with the increase in the monthly minimum. This practice applies to any payments in which the specified indicator is calculated.

To receive an increased amount of deductions, you do not need to submit a claim again. The amount is recalculated automatically by bailiffs.

How to file
a claim for alimony in a fixed
amount?

To deduct fixed payments from the child's father, you need to file a claim.

The instance is chosen at the discretion of the plaintiff: the district court at the place of registration of the petitioner or at the place of residence of the second party to the case.

Application for alimony in a fixed amount. Sample claim. [38.00 KB]

The petition must contain information about the personal data of all persons interested in the outcome of the case, as well as documented information about the defendant’s earnings.

To start production, you need to collect the following acts:

• passport and certificate issued at the birth of the baby;
• registration extract confirming the defendant’s place of residence;
• certificate of registration of relationship (divorce);
• calculation of the amount of alimony payments in favor of a minor;
• justification of expenses for the upbringing and development of the child.

Arbitrage practice

• Before filing a claim for alimony in a fixed amount , you need to familiarize yourself with the judicial practice in such cases.
• It is worth noting that it is extensive and covers almost all possible scenarios for the development of relations between the plaintiff and the defendant.
• Based on the degree of satisfaction of the applicant’s request, cases are divided into three groups:

• complete;
• partial;
• unsatisfied.

Full satisfaction of the claim

This outcome is quite likely in the absence of income from an able-bodied father. Naturally, a negligent parent will defend himself using the counterargument that there are insufficient funds to cover the child’s needs.

For example, a woman decided to file a lawsuit demanding that alimony payments be established for a minor in the amount of 7,000 rubles.

Her ex-husband (the divorce was finalized before the birth of the offspring) partially acknowledges the demands, but does not want to pay the entire amount specified in the petition.

According to him, 3 thousand rubles is enough for a child.

The authority, guided by the established minimum subsistence level and the lack of dependents of the defendant, decides to fully satisfy the requirements.

When is a claim partially satisfied?

The court makes a reasoned decision, taking into account the situation of the applicant and the defendant. So, the latter may have life problems or other dependent children.

An example would be a situation where, after the separation of the spouses, the father re-registered the marriage in which two children were born.

A woman raising her offspring alone submits an application demanding an increase in child support payments. The requirement is justified by the fact that the baby’s father pays less than half of the cost of living.

The court will partially satisfy the requirements and increase deductions by a small amount, since the rights of children in an existing marriage also cannot be violated.

Refusal

This
decision is made by authorities for several reasons, for example:

• inflated demands of the plaintiff in the absence of strong
  evidence in the form of expenses for the child;
• the defendant's stable income.
  In this case, the court is guided by the requirements of Art.
  81 of the RF IC and establishes deductions in fractional terms from a citizen’s income.

Conclusion

Thus, alimony payments in TDS are strictly tied to the subsistence level. The amount charged is constantly increasing due to indexation.

A fixed expression of payment is used only if a person does not have work, its seasonal nature, as well as with mixed remuneration.

Alimony in a fixed amount.

Source: https://pravasemei.ru/alimenty/alimenty-v-tvyerdoy-denezhnoy-summe/

Alimony in a fixed amount of money, judicial practice in 2020 - examples of how to collect, in cases

Main menu » Alimony » Judicial practice on alimony in a fixed amount

Child support payments are a mandatory component of the relationship between former spouses. Funds are needed for maintenance, provision of food and clothing, and other needs of children. If the shared payment method does not cover all of the listed expenses, the court may choose a fixed method of financial assistance.

In what cases are they awarded?

Alimony in a fixed amount is assigned in the following situations:

• the amount of monetary allowance with other payment methods is lower than the amount necessary for life;
• the alimony payer permanently resides outside the territory of the Russian Federation;
• the responsible person has income in a currency other than the ruble.

Sometimes a fixed amount of alimony can be assigned when the payer deliberately conceals income.

Required Criteria

In order for the court to establish such a collection procedure, a number of conditions must be met:

• the alimony payer does not have a stable level of income;
• the funds received are calculated not from wages, but from other types of profit (rent, individual entrepreneurship, etc.);
• the person in charge is not officially employed anywhere;
• the second parent has income in kind.
• general parameters (officially confirmed paternity, living separately from the child).

Such a decision can also be made if the rights of a child are violated for any reason.

Parents have the right to independently fix the amount of alimony in a fixed amount by concluding a peace agreement. In this case, the calculation of financial assistance is carried out in the same way as in court. That is, both quantities should not be different.

How is the amount calculated?

When considering a case for assigning a fixed amount of alimony, many factors are taken into account:

• material needs of the child;
• social status of mother and father;
• the financial situation of both parties;
• one of the parents has other dependents;
• the health status of the child and the person caring for him.

The method for calculating a fixed sum of money depends on the reason why this particular method of collecting funds is assigned.

If the alimony payer receives income in foreign currency:

• a fixed exchange rate is established at the rate of the Central Bank of the Russian Federation;
• it is multiplied by the amount of profit;
• standard calculation is performed.

If the second parent has income in kind:

• the value of goods (food, household items, etc.) is assessed in monetary terms;
• the average value is found;
• a calculation is made of 25, 33 or 50% of this value.

If the payer is not employed anywhere or his income is unstable:

• the basis is the cost of living at the place of residence at the time of collection (the place of residence of the children is taken into account);
• if such a value is not established by the Government of the Russian Federation, the initial amount is equal to the cost of living in the country;
• the share due to the child is calculated.

If the parent has profit from the activities of an individual entrepreneur or any other type of it:

• the court may appoint a combined method of paying alimony;
• share payments from income are retained;
• the fixed part is installed;
• both values ​​are summed up monthly.

In 2020, the cost of living in Russia for the second quarter was 11,163 rubles.

Increasing the amount of alimony

There are good reasons for this:

• deterioration of the child’s health, acquisition of a disability group as a result of injury or accident;
• reduction in the level of material security of the recipient of payments;
• loss of stable work by a person living with the child;
• the appearance of a dependent in the family;
• inability to find a job due to medical conditions;
• rising prices for necessary food products, clothing, shoes, etc.

An increase in the amount of alimony is carried out in court by filing a statement of claim.

Download a sample statement of claim for an increase in alimony payments

Documents that will need to be provided:

• standard package (passport, birth certificate and divorce certificate);
• a court decision to assign alimony payments in a fixed amount;
• certificates and papers confirming the need for an increase in salary.

Read also: What documents need to be completed after the birth of a child in 2020?

All this is supported by the statement of claim as appendices.

Reducing the amount

Possible in the following cases:

• the alimony payer lost his job;
• the responsible person is no longer able to work due to health conditions;
• change in the marital status of one of the parents;
• the appearance of another child in the payer’s family;
• providing a minor with a government institution (for example, the Cadet Corps);
• receipt of inheritance by the receiving party.

The payer usually applies for a reduction in the amount of alimony. All these circumstances are considered by the court only in their entirety.

A decision is made only if it does not conflict with the rights of the child.

Pros and cons of the method

The obvious advantages of calculating alimony in a fixed amount include:

• the recipient has at least some opportunity to recover funds from the defendant;
• draft dodgers cannot refer to lack of income or its deliberate reduction;
• convenience if it is impossible to determine the share of payments.

This method also has disadvantages:

• the judicial process in these cases lasts quite a long time;
• judicial authorities reserve the right to charge a fixed amount not in full of the subsistence minimum, but only in part;
• it is necessary to constantly monitor the level of inflation in the country to carry out regular indexation.

At least, alimony in a fixed amount gives the right to count on financial assistance to all children.

Alimony in a fixed amount and judicial practice

Citizen Svetlakova filed a claim to establish a fixed amount of alimony. The following reasons were given as justification:

• the father of a minor child, citizen Svetlakov, pays money in shares of income;
• the alimony payer is an individual entrepreneur;
• as a result, his income is unstable, and the amount received is often less than necessary;
• Recently, citizen Svetlakov has been suffering losses, so he does not pay alimony.

When considering the case, the court took into account the provisions of the law:

• part 1 art. 83 of the Family Code of the Russian Federation gives the right to collect alimony in a fixed amount (if the child’s right to receive financial assistance in the required amount is violated);
• Part 2 of Article 83 of the RF IC provides for the preservation of the previous level of payments for the child, which does not worsen his situation.

During the investigation it was established:

• the amount of material wealth of citizen Svetlakova remained at the same level;
• payments to the child have decreased significantly;
• the funds received cannot satisfy basic life needs;
• the shared method of paying alimony significantly reduces the level of well-being of the child;
• the legal right of the minor to the same financial support was violated.

Court sentenced:

• assign alimony payment in a fixed amount equal to half the amount necessary for life in Russia;
• maintain the child's right to receive a share of the defendant's income.

Thus, a combined method of financial assistance was chosen: shared payments and alimony in a fixed amount.

Judicial practice shows that this method is prescribed quite often due to a decrease in the welfare of the alimony payer.

Indexing order

Since a fixed amount of alimony payments assumes a certain stable value, it cannot remain unchanged.

Annually, in some cases quarterly, the amount of payments must be indexed.

It depends on:

• inflation rate;
• the size of the living wage.

Indexation must be carried out by:

• bailiff;
• employer of the alimony payer.

In some cases, you will have to go to court to increase the amount of payments.

Visual example (calculations)

To determine the new amount of alimony as a result of indexation, you must:

• divide the amount of monetary payments ordered by the court by the cost of living at the time of the decision;
• multiply the resulting value by the new subsistence level.

Or:

• multiply the size of the living wage at a given time by a certain multiple;
• the multiplicity is part of the subsistence minimum established by the court (for example, 0.5 or 1.5).

For example, at the time of the appointment of alimony in a fixed amount, the subsistence minimum was 10 thousand rubles. The multiplicity was set to double. Currently, the cost of living is defined as 11 thousand rubles. So:

• 10 thousand rubles. * 2=20 thousand rubles. – declared alimony payments;
• 11 thousand rubles. * 2 = 22 thousand rubles. – amount taking into account indexation.

Indexation is provided for at the legislative level.

Thus, the judicial practice of fixed alimony speaks of the appointment of such if the rights of the child are violated. This is possible if there are circumstances that reduce financial assistance as a share of the payer’s earnings. The fixed amount is set based on the cost of living in the region or country.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Source: http://sudguru.ru/alimenty/alimenty-v-tverdoj-denezhnoj-summe-sudebnaja-praktika/

Alimony in a fixed amount: judicial practice

The modern dynamics of the economy and market relations create conditions under which the property indicators of citizens become unstable. This creates a situation where the collection of child support, determined by a share of earnings, cannot guarantee its proper provision.

Possibility of changing the form of alimony

Taking into account the need for legal regulation of such situations, the legislator established the provisions of Art. 83 of the IC of Russia the possibility of collecting alimony from parents in a fixed amount. Such a demand can be presented in court by the parties to legal proceedings; the initiative to determine a fixed amount of money can also come from the court.

The basis for such a requirement for the parent who is obligated to pay child support may be his unstable or changing income or salary. Collecting a share of such unstable income would result in irregular child support payments each month.

If the parent receives a salary or income in foreign currency, it would also be advisable to collect alimony from him in a fixed amount.

Facts influencing the determination of the amount of alimony

The amount of obligations necessary to provide for the child is determined in court, based on the needs of the child and the possibility of maintaining his previous standard of living. At the same time, other circumstances that deserve attention are taken into account.

Here we may be talking about the need to take into account the amount of income of the parent obligated to pay child support, the presence of another family and obligations to support dependents. It is important to take into account the income of the child himself or any property that brings him income.

As practice shows, one of the main principles of protecting the rights of a child is ensuring the child’s previous standard of living, which is the responsibility of the state and parents.

When considering the possibility of establishing a fixed monetary amount of alimony in court, the size of the monetary obligation of one of the parents, which would come from collecting a share of his earnings or income, should not be taken into account.

Previous Russian legislation determined the need to calculate a fixed amount of money for the maintenance of children based on the share of wages or income of the parents. The new legislation in this regard gives broader powers to the court and the possibility of more effective application of the legal mechanism for withholding alimony from parents.

When studying in court the financial situation of a child and some significant points for consideration of the case, his marital status is not taken into account. When determining the amount of alimony in a fixed monetary amount, the possibility or need for a minor to study in a paid educational institution, play sports and other developmental activities must be taken into account, and the need to carry out all the above activities both in Russia and abroad is also considered.

In this case, the court must examine the needs of the child for whose benefit alimony is being sought, which must be consistent with the principles of reasonableness and fairness. In the case when minor children remain with each of the parents, the calculation of alimony is distributed so that its payment is made by the more affluent parent to the parent who is less affluent.

Determining the amount of alimony

The calculation of a fixed monetary amount is made as a multiple of the currently determined minimum subsistence level for minor children for each specific region of Russia.

In cases where executive authorities have not established the size of this minimum, the amount of the fixed amount of alimony is calculated depending on the size of the national subsistence minimum established by the Russian government.

Burden of proof

A change (worsening or improvement) in the financial situation of the alimony payer (Article 119 of the RF IC) can be the basis for filing a claim for the collection of alimony in court in a fixed sum of money.

In accordance with the law, the burden of proving facts that are important for resolving the dispute lies with the parties.

In this case, the party making the claim must present evidence that can confirm a change in the financial situation of the defendant, facts of evasion of the obligated person from paying money for child support, the fact of failure to provide information about a change of job (evidence can be witness testimony, as well as documents) .
The court is provided with documents confirming the need to collect a specific amount for child support. Such documents may be: receipts for payment for sports, educational, medical institutions, etc. As a rule, this subject of proof can cause some difficulties for citizens who are not specialists in the field of law. Categories of disputes arising from legal relations that have developed in a civil marriage, division of property during divorce, and collection of alimony are some of the complex types of litigation.

The need for dispute resolution

The complexity of these types of disputes is not associated with the problem of the practice of applying legal mechanisms, but with significant financial costs and the negative emotional burden experienced by the conflicting parties, which, as a rule, directly or indirectly affects the mental and psychological state of children and their further development.

Advice: Make every effort to avoid such disputes and find an opportunity to resolve the conflict peacefully. One of these possibilities is the conclusion of an alimony agreement.

If the conflicting parties cannot reach an agreement, then in order to receive qualified assistance and competent legal support for the legal process, it is necessary to involve legal specialists who practice in this area of ​​legal relations (family and civil law).

Judicial practice in family cases indicates an increase in the number of court decisions that recognize the need to collect alimony in a fixed amount.

Source: https://SudebnayaPraktika.ru/semejnye-voprosy/alimenty-v-tverdoj-denezhnoj-summe.html