Recalculation of alimony: for the past period, by bailiffs, taking into account the amount paid

If competent persons are in no hurry to recalculate, you can submit an application for indexation of alimony, drawn up according to the following model:

Download a sample application

As a rule, there is no need to submit such an application if those responsible for compliance with the requirements of the writ of execution do not neglect their duties. If the amount is not recalculated at the enterprise, a similar version of the document is sent to the administration, only instead of data about the FSSP and its employee, the details of the organization where the payer works and the full name of the manager are entered.

Arbitrage practice

1. On April 12, Citizen S. filed a lawsuit to recalculate the amount of alimony for the 1st quarter of 2020. Since the beginning of the year, the alimony provider was not employed, so the calculation of penalties was made in a fixed amount as 1/2 of the subsistence level, equal to RUB 10,111 per child in the recipient’s region of residence. WITH.

   I found out that in February my husband got a job, which he did not tell anyone about, and his salary minus taxes is 30,500 rubles. As a result, the court decided to satisfy the claim of citizen S., and ordered the ex-husband to pay alimony in the amount of ¼ of the salary from February 2020.

   Based on the court decision, the bailiff made a recalculation.

2. Citizen M. filed a claim for recalculation of alimony debt for the previous 3 months. According to the bailiff, M. had to pay ¼ of the minimum wage in the country, since there was no information about M.’s real income.

   The plaintiff provided a certificate from his place of employment indicating a salary that was 30% less than the amount from which alimony was calculated. The court satisfied M.'s request and ordered the bailiff to recalculate the debt downward, taking into account the amount of the plaintiff's actual salary.

Changes in the amount of alimony for the previous period can be made automatically or at the initiative of one of the parties. Without third-party interference, according to Art. 117 of the RF IC, alimony is indexed, determined in a fixed monetary amount.

In some cases, it is necessary to initiate a recalculation, and the reasons for this are the untimely reaction of bailiffs to a change in the cost of living, an incorrect determination of the amount of debt, a change in the terms of collections specified in the writ of execution.

Recalculation of alimony for the previous period may be refused if there is insufficient justification for the need for the procedure, if the application was made to the “wrong address” or if errors were made when drawing up the claim. To ensure legal protection, you will need the help of a lawyer from the website ros-nasledstvo.ru, who is able to adjust actions to achieve a positive result.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call +7(499)369-98-20 - Moscow and Moscow region
• call +7(812)926-06-15 - St. Petersburg and region

Source: https://ros-nasledstvo.ru/pereraschet-alimentov-za-proshedshij-period/

Recalculation of alimony for the past period, application for recalculation of alimony to bailiffs (sample) 2020

Home / Alimony / Recalculation of alimony for the past period

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Disputes regarding alimony arise quite often and are one of the most common grounds for applying to the court and the bailiff service. Therefore, the law strictly regulates the issue of alimony payment, and in case of non-payment for some time, the issue of recalculation, indexation and collection of debt during this time.

Is it possible to recalculate alimony?

Alimony for the past period can be recalculated in two cases:

1. In enforcement proceedings - if enforcement proceedings have already been opened (based on a court order, court decision or settlement agreement), and the payer for one reason or another did not fulfill alimony obligations, as a result of which a debt arose, it must be calculated by the bailiff and paid by the payer.
2. In a lawsuit , if a dispute arises between the parties about the amount of alimony debt, you can file a claim with the court to recalculate the debt.

How to apply for recalculation of alimony?

Let's take a closer look at both methods of recalculating alimony for the past period.

In enforcement proceedings

So, let's consider the case when enforcement proceedings are opened on the basis of a court order, court decision or voluntary agreement between the payer and the recipient of alimony.

These documents have the legal force of a writ of execution and serve as the basis for opening enforcement proceedings, voluntary or forced collection of alimony with the help of bailiffs.

As a general rule, alimony payments begin to be paid from the moment specified in the court order or court decision, in a written agreement concluded between the parties. But in some cases - by court decision - collection can be carried out for the past period of time (no more than 3 years before filing a claim in court for the collection of alimony) and the calculation of the amount to be paid for the past period is also calculated by the bailiffs.

If, after the opening of enforcement proceedings, alimony is not paid for one reason or another, a debt accumulates , which must be periodically recalculated and forcibly collected from the payer.

No need to go to court again! Calculation and collection of debt occurs within the framework of enforcement proceedings - this is the work of the bailiff who conducts the case.

Among the duties of the bailiff are to send notices to the debtor, withhold funds from the debtor’s official income, identify additional sources of income (including unofficial ones), seize property and cash savings in bank accounts, impose a fine, bring the debtor to administrative and criminal liability for failure to comply alimony obligations.

In addition, as part of enforcement proceedings, the bailiff is obliged to recalculate alimony debt at least once a quarter, which is formalized by the relevant resolution.

Unfortunately, due to their workload, bailiffs do not always effectively fulfill their duties to collect alimony and debts. It is possible that errors may occur in debt calculations.

The payer or recipient of alimony payments has the right to contact the bailiff with an application to recalculate the debt for the past time.

Application for recalculation of alimony to bailiffs (sample)

So, the recipient or payer of alimony has the right to submit an application to the bailiff for recalculation of alimony debt.

We invite you to familiarize yourself with a sample application:

If you have any difficulties in the process of drawing up an application, preparing supporting documents, or interacting with bailiffs, contact the lawyers of our portal for a free consultation! We will help you understand all the legal aspects of enforcement proceedings.

In litigation

According to paragraph 4 of Article 102 of the Federal Law of the Russian Federation “On Enforcement Proceedings,” if the amount of alimony debt calculated by the bailiff violates the interests of the payer or recipient of alimony payments, the interested party has the right to file a claim with the court to determine the amount of the debt (to recalculate the debt) .

In addition, on the basis of paragraph 5 of Article 113 of the RF IC, a party to enforcement proceedings (payer or recipient of alimony payments) who does not agree with the actions of the bailiff (for example, regarding the correctness of the calculation) has the right to appeal these actions in court, provided for by civil law. procedural legislation.

According to paragraph 2 of Art. 441 of the Code of Civil Procedure of the Russian Federation, a party has the right to file an application with the court to challenge the actions or inactions of an official of the SSP (in the context of the topic of this article - to challenge the decision made on the calculation of alimony debt).

For this purpose, a 10-day period from the day when the interested party became aware of the violation of his interests. The application is submitted to the court at the place of enforcement proceedings.

• Below you can see its form and content:
• The term and procedure for challenging decisions made, including the calculation of alimony debt, must be explained to the parties to enforcement proceedings by the bailiff in accordance with Article 12 of the Federal Law “On Bailiffs”.

Applying to the court with a statement of claim is possible not only regarding alimony debt that arose during the period of failure to comply with a previously issued court order or court decision, but also regarding the initial collection of alimony for the past period.

As a general rule, alimony is paid from the moment the claim is filed in court, but in some cases, provided for in Article 107 of the Family Code of the Russian Federation, it is possible to receive alimony payments for the past time (within 3 years) subject to compliance with the conditions provided by law.

You can read more about this in the article “Is it possible to apply for alimony retroactively?”

The calculation of alimony for the past period by court decision is entrusted to the bailiffs in enforcement proceedings.

How is child support recalculated for the past period?

Recalculation of alimony payments over the past period of time can be carried out in two ways:

• as a percentage of the alimony payer’s earnings;
• in a fixed amount of money.

The preferred method of recalculation should be indicated in the application. Let's take a closer look at how alimony is recalculated in each case.

In a fixed amount of money

Recalculation (regular or extraordinary - at the request of one of the parties) of alimony, which is paid in a fixed amount of money, is called indexation.

A change in the size of the subsistence minimum (subsistence level) automatically leads to a change in the amount of alimony or alimony debt to be paid.

Indexation is carried out so that inflationary depreciation of the national currency does not affect the level of material security of the recipient of alimony payments.

To carry out the recalculation, the PM indicator established by the government in the region of residence of the payment recipient is taken as a basis. If a regional indicator is not established, the cost of living indicator for the country is taken as a basis.

To learn how to correctly draw up an application, read our article “Application for indexation of alimony (sample).”

As a percentage of earnings

Recalculation of alimony or alimony debt can be carried out as a percentage of the alimony payer’s earnings.

According to Article 113 of the RF IC, to do this, you should submit to the SSP (or to the accounting department of the organization that carries out the recalculation) certificates of wages for the past period.

If during the period subject to recalculation, the salary of the alimony payer has not increased, although the level of the minimum wage and the average salary in the country has increased, organizations at the place of work are obliged to recalculate earnings, as a result of which the amount of penalties will also increase.

If during the period subject to recalculation the alimony payer did not work, or if he did not provide a certificate of salary, the recalculation is carried out on the basis of the average salary in the country. Information on average wages is regularly requested by SSP branches in RosStat (Federal body of state statistics).

Arbitrage practice. Examples

Example 1

Volkov applied to the court to challenge the decision of the SSP employee on the calculation of alimony for the past period.

In the statement, he indicated that, in violation of the requirements of Article 113 of the RF IC, the bailiff calculated the amount of the debt based on the average wage in the country, although they were presented with certificates from the place of work about wages, which were slightly lower than the Russian average.

At the court hearing, an employee of the SSP said that the certificates were presented by Volkov after the recalculation. By a court decision, the bailiff's order to recalculate alimony for the past period was canceled; the court ordered the bailiff to recalculate the amount again based on the information contained in the certificates submitted by Volkov.

Example 2

For six months, alimony payer Dmitrov was on unpaid leave and did not make alimony payments.

As a result, a debt arose, which was calculated by the bailiff based on the average wage in the country due to the lack of information about the income of the alimony payer.

Dmitrov filed a claim in court to determine the amount of debt and asked to recalculate the amount of debt in a fixed amount of money, taking into account his financial situation, since he lives in a remote region of the country, where the level of wages is much lower than the national average, therefore the debt calculated by the bailiff exceeds the capabilities of the alimony payer . The court upheld Dmitov's claim and ordered the bailiff to recalculate the debt for the past period of forced unemployment in a fixed amount.

Legal assistance

Recalculation of alimony is considered an important task. The main goal is to prevent the child’s life from deteriorating. However, many do not know how to approach this task? The situation can become very complicated. For example, if the father does not work, pays meager amounts, is registered with the Employment Center, and is hiding from the bailiffs.

A difficult task falls on the fragile shoulders of a single mother. To prevent the situation from worsening, contact the lawyers of our portal. They will help with calculations and recalculation in different ways - solid, mixed form or share of earnings. Lawyers will draw up claims, statements and complaints about the inaction of bailiffs - in order to speed up the recalculation of alimony.

Timely help guarantees the best outcome for the child.

Source: http://law-divorce.ru/pereraschet-alimentov-za-proshedshij-period/

Recalculation of alimony for the past period - grounds and procedure for recalculation

Obligations for alimony have been and remain one of the most problematic areas for bailiffs. Therefore, at the time of their determination and calculation, judges especially carefully explain aspects of the collection of alimony, the termination of their payment, as well as the possible recalculation of their amount.

Is it possible to recalculate alimony?

The obligation to support disabled family members is determined by law. In a case where a negligent parent does not want to voluntarily support his children, the other parent can file a claim for alimony.

There are two possible options for such collection:

• Voluntarily, that is, by agreement of the parties;
• Judicially.

If both spouses have signed an alimony agreement, then payments must be made voluntarily. If this does not happen, then the second spouse can apply to the FSPP for forced withdrawal of alimony.

Recalculation of the amount of alimony occurs only if forced collection of alimony has begun. Recalculation can be done by:

There are several reasons for recalculating child support. One of them is the assignment of alimony as a percentage of the official profit of the payer. For example, several years after the assignment of obligations (maximum three years, since the statute of limitations applies for that long), the recipient of the money learned that the payer deliberately hid the amount of his income in order to reduce the amount of obligations. The purpose of the recalculation is to compensate the child for the underpaid amount of assistance.

How to apply for recalculation of alimony?

According to the law, alimony payments cannot be recalculated automatically. This requires a statement from one of the parties.

Such an application for recalculation of alimony to bailiffs or to the court starts the process of verifying the payment of alimony by the obligor and calculating the amount of his debt.

In enforcement proceedings

Bailiffs begin enforcement proceedings on the basis of a court decision or a notarial agreement.

In a notarial agreement, the signatories themselves set the day the payments begin, and in a court decision, this day is considered the date of filing the claim in court.

But it is also possible to demand retroactive payments. If the court considers the grounds to be compelling, it may order the defendant to pay alimony three years before the date of filing the claim.

The FSSP calculates the amount of payments for the entire period. The payer must repay the entire amount in one lump sum. If he cannot do this, he becomes a debtor.

In this case, the debt will be recalculated every quarter and collected forcibly. For this purpose the bailiff:

• May seize 70% of the debtor's salary. Part of this amount will be used to pay current alimony, and only the rest will be used to pay off the debt;
• Seize property. The debtor will receive a month to pay off the debt, after which the property will be seized and sold to pay off the debt;
• Seizure of bank accounts. If they have enough funds to pay off the debt, they will be written off immediately. Otherwise, all receipts will be debited to the account.

Thus, it is the bailiff who is obliged to recalculate alimony. And the applicant must submit an application for recalculation of alimony to the bailiff.

After recalculation, the applicant will be given a decision on the amount of debt. At his request, they may additionally issue a certificate of the amount of debt, on the basis of which a penalty can be demanded.

You can also request an extraordinary recalculation of the debt. But for this you need to go to court. A claim for recalculation of alimony debt must be based on up-to-date information.

Application for recalculation of alimony to bailiffs: sample

Such an application can be submitted by both the recipient of child support and the debtor. If the goal of the first is to increase payments, then the second, on the contrary, under certain circumstances may require their reduction.

Another reason for requiring recalculation may be a mistake by the bailiff when initially calculating the amount of payments.

A sample application for recalculation of alimony debt should:

• Be drawn up in the name of the bailiff who is handling the paperwork in this alimony case;
• It is necessary to indicate the applicant’s full name, passport details and residential address;
• Must contain information about the writ of execution for alimony, its details;
• Contain information about the amount of alimony collection (what percentage of the defendant’s salary) and the existence of a debt;
• Reasons for recalculation;
• Information about payments that have already been made, but may have been unknown to the bailiff, and were not taken into account in calculating the amount of the debt;
• Data that it is impossible to collect funds again;
• Requirements for a bailiff;
• List of additional documents attached to the application;
• Signature and date.

Naturally, depending on the purpose of the application (revision of the amount of alimony up or down), the information contained in this document will differ.

It is important to know that a specific sample cannot be taken from the FSSP, so you will need to fill out the application yourself or with the help of a lawyer.

It must be compiled in two copies. The bailiff will take one, and on the other he will put a stamp, date of receipt and signature.

The period for consideration of an application for recalculation of alimony is 1 month.

In litigation

Statement of claim for recalculation of alimony:

• Submitted to the magistrate, indicating the specific court site;
• It is necessary to indicate the applicant’s data from the passport, his address and telephone number;
• The same information should be about the debtor;
• The cost of the claim, which is calculated based on the estimated amount of unaccounted debt;
• Title of the application;
• Documentary grounds for collecting alimony;
• The size and duration of the debt, and the reasons why it arose;
• The amount calculated by the bailiff (indicating the details of his decision);
• The reasons for the plaintiff’s disagreement with this amount;
• Your own version of debt calculation;
• Requirements for a claim to change the amount of alimony;
• List of attached documents;
• Date and signature.

It is important that all information is supported by documents. Among them:

• Copies of the applicant’s application and passport;
• A copy of the court decision on the collection of alimony;
• A copy of the resolution on debt calculation;
• Certificate of income of the payer;
• All available checks and receipts that may be the basis for recalculation.

You have 10 days to challenge the bailiff's decision in court. A claim must be filed within this period.

In case of errors on the part of the bailiff, he can be held accountable for improper performance of official duties. An application for this is submitted to the head of the district department of the FSSP.

How is child support recalculated for the past period?

When submitting an application, you must decide on the procedure for calculating the debt. There are two options:

• As a percentage of the payer’s income;
• In the form of a fixed amount.

If the applicant himself has not established the order, it will be established by the court.

In hard cash

The specifics of calculating the amount are determined by the Family Code. If alimony is set to a fixed amount, then it must be indexed regularly. Indexation is tied to the cost of living for minors in the region of their residence. If a subsistence level has not been established in the region, then the bailiff must carry out indexation based on the average subsistence level in the Russian Federation.

If indexation is not carried out regularly, then this is considered a violation of the child’s interests, since in reality his income will decrease.

As a percentage of earnings

You can also calculate alimony as a percentage of the payer’s salary. This option is provided for in Article 113 of the Family Code.

The basis for such a recalculation may be the lack of indexation of the payer’s salary. To do this, the applicant must provide the FSSP with a certificate of the defendant’s salary. You can submit such a certificate to the accounting department of the enterprise where the alimony payer works.

In the event that the cost of living has increased, but the defendant’s salary has not increased, there are grounds for recalculation. That is, they will take a larger percentage of the salary to cover the child’s subsistence level.

If the defendant was unemployed for some time, the amount of payments for this period will be calculated based on the average salary in the Russian Federation.

The main task of all these recalculations is to protect the material interests of the child. Therefore, the law defines requirements for the recalculation of alimony depending on changes in the cost of living or the income of the payer.

Source: https://rualimenty.ru/pereraschyot-alimentov-za-proshedshij-period/

Recalculation of alimony payments for the past period

Alimony payments, as a rule, are made over many years, because they are paid until the child reaches the age of majority. And if they were determined by the court in the form of a fixed amount, and not a percentage of wages, then their size remains unchanged from year to year.

And this despite the fact that inflation makes the ruble cheaper every year. And this leads to the fact that the amount that was quite enough for everything yesterday is no longer enough to adequately provide for a child. In this case, the law provides for recalculation of alimony. How to achieve it? This will be discussed in the article presented to your attention.

Even a court decision or the signing of an “amicable” agreement is not always a guarantee that the money will go as intended. Sometimes the braider, for one reason or another, violates the schedule of transactions, or they arrive in incomplete quantities, or even stop altogether.

Recalculation of alimony

The consequence of all of the above is the appearance of debt. To prevent this, the legislation provides a mechanism to protect the recipient and force an unscrupulous payer to pay the money due for child support. Moreover, the measures can be quite severe - up to and including criminal liability.

The most common causes of debt are:

• Debtor's evasion of payments.
• The financial situation of the alimony worker has deteriorated so much that he is simply unable to pay the money. The reason for this may be the loss of a job, a sharp deterioration in health, or a difficult financial situation in the new family.
• Accounting employees at the payer's place of work made a mistake when calculating the amount of deductions, and it became necessary to recalculate alimony.
• The recipient does not want to accept the money.

Resolution of the FSSP employee

The execution of the resolution should be carried out by the bailiff, who was appointed responsible for a specific case. The execution of the resolution can be carried out either on his own initiative or after filing a petition by the claimant or other interested person.

The application form is optional. In the case where the submission of the document is not carried out by the applicant himself, but by his representative, he must have a power of attorney allowing him to carry out this operation. A copy of it must be attached to the application.

The representative of the FSSP issues a corresponding resolution, which he himself signs and stamps. To carry out this action, at least one of the reasons given in the list must be present:

• If the collection carried out on the basis of a notarized agreement was carried out according to a court verdict.
• If malicious evasion of child support payments forced the plaintiff to apply to the court with a request to deprive the defendant of parental rights or bring him to criminal liability.
• If an application for recalculation of alimony submitted to the bailiffs is being considered.
• If there is a need to index alimony payments.

How is alimony recalculated?

Recalculation of alimony for the past period can be done with the help of bailiffs, or through the court. The FSSP is contacted if the proceedings were opened, but payments did not begin to arrive, which led to the formation of a debt. The second option is resorted to when the parties fail to reach a common opinion on the amount of debt.

So, the proceedings on the writ of execution are open. In accordance with the current rule, payments are made from the date specified in the document. But sometimes penalties are carried out for the past period, which should not exceed three years. Then alimony is recalculated to determine the underpaid amount.

Application to the FSSP

The application must contain the following information:

• Full official name of the authority chosen to submit the application.
• The maximum possible set of information about both the plaintiff and the defendant.
• Information about the court decision:
• when it was adopted;
• what number was assigned to it;
• why, in the plaintiff’s opinion, alimony should be recalculated;
• what documents are attached?

List of required documents:

• Verdict awarding payment.
• Documents indicating a change in financial situation.
• A financial document confirming payment of the state fee.

What should the bailiff do?

There is no need to go to court to initiate this procedure. It is carried out within the framework of already launched proceedings, which means that the powers of the bailiffs are sufficient for this.

They send a notice of the debt, withhold funds from the defaulter’s salary, identify additional sources of income, which may include unofficial ones, and impose alimony payments on them.

If the identified funds are not enough to pay off the debt, then the property and accounts of the evader may be seized. Bailiffs recalculate alimony and debt. He is obliged to carry out this operation every quarter, and formalize the results by decree.

However, sometimes excessive workload or some other reasons do not allow bailiffs to take their job duties with full responsibility. In the event that a recalculation was not made in a timely manner, you can file a complaint with a superior manager.

What are the ways to recalculate alimony debt? There are only two of them:

• A fixed amount.
• Percentage deductions from the total earnings of the payer.

The selected option is indicated in the application.

In a fixed amount

The recalculation performed in this case is usually called indexing. The amount of alimony and existing debt are directly affected by the cost of living.

The purpose of indexation is to protect the rights of the child to full financial support. The starting point is the cost of living established for a specific region.

If there is none, then the calculation is made based on the federal PM.

Interest

In order for the bailiff to make the calculation, it is necessary to submit to him a statement of claim for the recalculation of alimony, accompanied by a certificate of the amount of the debtor’s income for the period under review. If the debtor declares that he did not work anywhere during this entire period, or refuses to provide certificates, then the average figure for Russia will be taken as a basis.

Is it possible to challenge the decision?

If it turns out that one of the parties involved in the process was not satisfied with the decision, then it can be challenged. There are two ways to do this:

1. He will go to court with a complaint against the actions of the bailiff and a request to issue a ruling to cancel it.
2. Send a lawsuit to court asking to determine the amount of debt.

Most often, complaints against bailiff decisions are received in the following cases:

• If they did not take into account all the payments made by the alimony. In this case, it is required to provide evidence that they were carried out.
• If the average salary was taken as the basis for the calculation, then the payer at that time had additional income.
• If the bailiff took into account the income received by the defendant as a result of one-time transactions. And this is prohibited by law.
• If purely mathematical errors were made during the calculation.

Download a sample application for recalculation of alimony obligations

Source: https://ProRazvodi.ru/alimenty/pereraschet-za-proshedshij-period.html