Indexation of alimony: in a fixed amount, for the past period

Indexation of alimony payments occurs periodically on the basis of legislative initiatives adopted at the federal or local level. Indexation represents an increase in favor of the recipient of cash benefits.

Indexation of alimony

Alimony is a sum of money paid monthly for the maintenance of a minor child or children or a disabled parent. The payment is intended to provide financial support to a relative who is not yet or no longer able to earn money on his own.

Indexation of payments implies the application of an increasing coefficient to this figure, carried out in the event of a legislative increase in the cost of living.

Alimony of a fixed amount is assigned either by agreement of the parties or by a court decision for the optimal resolution of the financial issue in situations where:

• the payer does not have an official place of work;
• the payer's wages are calculated in foreign currency;
• primary consideration of the interests of children in the agreement.

When is alimony indexed: basis

The basis for calculating the amount of alimony in a fixed amount is the level of subsistence level in the recipient’s region of residence. The cost of living for children or pensioners varies depending on regional economic development and represents the monetary value required to provide the minimum necessary support for life.

Indexation of alimony can be carried out only in the case of a federal or regional increase in the cost of living to maintain cash payments at the current level. If alimony is paid as a share of the payer’s income, then adjustments to the amount are made only according to changes in the level of wages.

The minimum amount of payments of a fixed amount is the cost of living, equally divided between the child’s parents. Indexation of this amount is carried out only in cases of increase in the cost of living; in case of its possible decrease, it remains unchanged.

Who does the indexing?

The following have the legislative right to conduct this procedure:

1. Accounting of the organization that is the place of employment of the payer.
2. Bailiffs Service.

In the first case, upon joining the staff, the employee provides the HR department with a writ of execution for the obligation to pay alimony in a fixed amount.

The accounting employee responsible for recalculation draws up an order from the head of the organization in free form.

After this, indexation of payments is carried out every time the Russian government approves an increase in the cost of living.

In the second case, the actions of the bailiffs regarding indexation are carried out on the basis of a court order approving a writ of execution for payments. In addition, the service is obliged to supervise cases when either the payer does not have a permanent source of income, or the fixed monetary amount of payments exceeds 25,000 rubles.

What determines the indexation of alimony in 2020?

Since the beginning of 2020, the indexing of alimony has already undergone 2 federal recalculations:

1. Increase in the cost of living from January 1.
2. Increase in the cost of living from May 1.

Moreover, changes in the amount of payments affected not only fixed alimony obligations, but also shared amounts. This is due to the mandatory universal increase in the minimum wage to the subsistence level.

Living wage

The current PM values ​​for Russia are:

• per capita = 11,185 rubles;
• for able-bodied adults = 12,130 rubles;
• for children = 11,004 rubles;
• for pensioners = 9236 rubles.

In the Moscow region and Moscow

The Russian capital sets higher PM indicators compared to other cities:

• per capita = 17,329 rubles;
• for able-bodied adults = 19,797 rubles;
• for children = 14889 rubles;
• for pensioners = 12253 rubles.

In the Moscow region, this indicator is slightly different:

• per capita = 13115 rubles;
• for able-bodied adults = 14,547 rubles;
• for children = 12688 rubles;
• for pensioners = 9848 rubles.

In other regions of Russia

The regional level of PM may have an additional coefficient depending on the economic situation, living conditions and the formation of the budget of the region or region. The regional premium to the monthly minimum is also taken into account when indexing alimony payments.

How to calculate alimony indexation

Indexation of payments is carried out to increase the amount of payments; reducing it after the process is not legal. The procedure is carried out automatically, without the personal participation of the payer.

Over the past period

The process of indexing alimony that should have been paid, but was not actually paid, takes into account all changes in the level of the cost of living over a legitimate period of time. This situation may arise when:

• untimely submission of a claim for alimony payment, for which 3 years are allotted;
• evasion of the payer from transferring funds.

In both cases, the result of indexation is an ever-increasing amount of mandatory cash payments, calculated taking into account each individual decision to increase the level of subsistence minimum.

The need for a procedure for alimony that has already been paid, but in an insufficient amount, arises either due to the carelessness of organizing the payer’s employment, or in the absence of his notification from the bailiff service. If a debt arises through no fault of the payer, a penalty for the missing difference may be paid.

For the current period

Indexation should be carried out in the first calculation of monthly earnings after an increase in the cost of living.

Accounting staff at the payer’s place of employment are required to calculate the increased amount of payments without any additional statements from the alimony obligee. The normative act giving personnel officers the basis for recalculation is an approved government resolution. The fixed amount of contributions is based on the newly introduced cost of living.

Calculation in a hard monetary amount using the formula

Indexing is carried out taking into account the following parameters:

1. Past cost of living (PLS).
2. New PM value (PMN).
3. Amount of alimony (A).

• The amount of alimony payments after indexation (AI) is calculated using the formula:
• AI = PMN÷PMS×A.
• The indexation process is significantly simplified by the fixed coefficient provided by the parties for calculation - the new PM value must simply be multiplied by it.

The procedure for recalculating alimony for one child in a fixed amount: example

The practical application of the formula does not take long. For example, a resident of Moscow paid monthly child support in the amount of 20,000 rubles. The level of minimum wage for children living in the capital increased from the current 13,441 rubles to a new value of 14,329 rubles. The calculation using the formula looks like this:

14329÷13441×20000 = 21321,33

The amount payable after indexing is equal to 21,321.33 rubles.

Is it possible to increase the amount of alimony in another way?

An increase in the amount of payments in a fixed amount occurs based on the application of one of the parties. The reason for filing an application may be:

• change in the financial situation of the payer or recipient (decrease in the recipient’s income or increase in the payer’s income);
• rising prices for consumer goods without increasing the cost of living;
• the appearance of other dependents on the recipient;
• termination of receipts of financial assistance from sources not related to the payer;
• increasing the recipient’s vital expenses on himself or a child (for example, due to illness).

If the life circumstances of the parties remain unchanged, the accrual of increased alimony is possible if a situation is discovered where either the required indexation has not been carried out, or when the payer deliberately evades payment obligations. The penalty for such a period is calculated at the rate of 0.5% of the amount for each day of debt.

Frequency of recalculation

Indexation is carried out every time a legislative initiative to increase the cost of living is adopted by the Government of the Russian Federation. The legislative basis for recalculation is the corresponding resolution.

The main innovations of 2020 were designed to make the work of bailiffs easier by expanding the circle of officials working with those liable for alimony. Thus, the following changes are enshrined in law:

1. Indexation of alimony payments for employed payers is carried out by the organization.
2. Bailiffs have the right to independently detain debtors in order to draw up a protocol of administrative violation.
3. Assignment of a survivor's pension, replacing alimony payments if the payer is wanted.

Indexation of alimony payments of a fixed amount, associated with an increase in the level of the subsistence minimum, is carried out administratively, without the participation of the payer himself.

To carry out indexation, a calculation formula is used that is based on the old and new values, which makes the procedure not require a court order for the bailiffs and the payer responsible for recalculating the place of work.

The indexing carried out, reflecting the increase in the price of the consumer basket, makes the amount of cash payments more relevant for the recipient.

Source: https://propravo.guru/alimenty/indeksatsiya-alimentov.html

Indexation of alimony

Indexation of alimony is carried out in accordance with the rules of Art. 117 of the RF IC and other legal acts regulating this issue. The procedure is required to increase alimony payments in proportion to the increase in the level of income of the payers, but for this you need to know the frequency of its implementation, the formula and legislative features.

Indexation of alimony: what is it and why is it carried out?

• Contents (click to open)
• From an economic point of view, indexation should be understood as a way to protect citizens’ incomes from inflation by linking salaries and benefits to the level of growth in consumer prices for goods and services.
• The amount of indexation is determined by the Government of the Russian Federation based on the testimony of statistical bodies that study the characteristics of rising prices and the standard of living of the population. In the future, everything happens as follows:

1. The Government of the Russian Federation determines the minimum wage and the cost of living based on the consumer price growth index. Both indicators can be used to calculate alimony.

2. The conditions for indexation are established by issuing an appropriate resolution.

Important! From May 1, the cost of living was equalized to the minimum wage. For the Russian Federation, the figures are 11,163 rubles, but in some regions larger values ​​are used.

Indexation of alimony is necessary for several reasons:

• Economic. Prices for services and goods are constantly rising, which negatively affects the standard of living of citizens. If pensions, benefits, salaries and alimony are not indexed, soon people will not even have enough money to buy food.
• Social. The lack of money affects the social situation in the country. The rights of the child take first place here, so it cannot be allowed that, as a result of rising prices, parents do not have enough money for the most necessary things for minors.

Grounds for indexing alimony

To carry out indexation of alimony, only one reason is sufficient - an increase in the cost of living. According to Art. 102 of the Federal Law “On Enforcement Proceedings”, the bailiff, when calculating the increase in alimony payments, must take into account the monthly allowance for the child in the region. If it is not established, all-Russian indicators for children are used.

The recipient does not have to submit applications for indexation every time - this is the responsibility of responsible citizens calculating alimony.

Who carries out the indexing and with what frequency?

According to the law, a mother raising a minor child, after court proceedings and receiving a writ of execution, has the right to act in any of the convenient ways:

• Present the IL for forced collection to the bailiffs. The responsible bailiff draws up a resolution to initiate enforcement proceedings for alimony and notifies the debtor and the claimant about this. In the future, indexing is carried out by him.
• Bring the IL to the payer’s place of work. The accountant calculates payments on a monthly basis; the money must arrive within 3 days after the ex-spouse receives his salary. His consent to automatic retention is not required. Indexation is performed by an accountant.
• Provide IL to the Pension Fund if the debtor receives a pension or other state benefit. Alimony is automatically withheld from the payer’s income, indexation is carried out by the Pension Fund accountant.
• Submit the IL to the Employment Center if the debtor is registered as unemployed and receives benefits. Payments will be deducted from it. General indexing rules apply.

Read also: Maternity leave for grandmother instead of mother: how to apply, up to 3 years, if mother does not work

If alimony obligations are established not in court, but by voluntary agreement, it indicates the features and frequency of indexation. The rules should not aggravate the child’s situation in comparison with the norms established by law. If they are not indicated in the agreement, indexation is carried out in accordance with Art. 117 RF IC.

Features of alimony indexation

According to the law, alimony can be recovered for the maintenance of a minor in several ways:

• As a share of salary. For one child 25% is transferred, for two – 33%, for three or more – 50%.
• In a fixed amount of money. This is relevant when it is not possible to establish the exact amount of the payer’s earnings or he receives a salary in foreign currency. When setting the size, the minimum wage is taken into account; when calculating the debt, the average salary in the country is taken into account. The amounts are determined by the court depending on specific situations.
• In a mixed form. The appointment is made when the payer has official earnings and additional sources of income. Alimony is collected from wages in shares, from other income - in a fixed amount.

Based on the above, we can come to the conclusion that when alimony is assigned as a share of the salary, indexation is carried out automatically in accordance with the payer’s income level.

If alimony is assigned in a fixed amount, the cost of living indicators, indexed by the authorities quarterly, are used.

Have a question for a lawyer?
Ask a question and get a free consultation on your problem

The procedure for indexing alimony in a fixed amount of money

The frequency of indexation of alimony in a fixed amount is 3 months. Shorter deadlines may be used. The main rule is to increase payments immediately after changing the cost of living per child in the region or in the Russian Federation - it all depends on what indicators were used when assigning alimony obligations.

The procedure looks like this:

1. The cost of living is determined. For this purpose, decrees and other regulations issued by the authorities of the subject are used. Information can also be obtained on the website of the local branch of Rosstat.
2. The calculation of indexation and the total amount to be paid further for the child is carried out.

If the bailiff is responsible for calculating payments, a corresponding resolution with detailed calculations is drawn up based on the results. It is enough for accountants to reflect changes in documentation and postings after the employer issues an indexation order.

Calculation of indexation for alimony in TDS

To calculate indexation, the following formula is used:

DPM/SPM x A

Where DPM is the current value of the subsistence minimum, SPM is the old value of PM, A is deductions before indexation. According to the law, the plaintiff can claim 1-1.5 monthly wages, but for increased alimony, documentary evidence of the child’s need is required.

To understand in detail the intricacies of indexation, it is recommended to familiarize yourself with illustrative examples:
Indexation of alimony in a fixed amount of money

In April 2017, the minimum amount for accommodation is 11,700 rubles. In July, the figure increased to 12,500 rubles. Alimony was assigned in the amount of 1.8 from the monthly minimum - 21,060 rubles.

1. How is the calculation made:
2. 12,500 / 11,700 = 1.068 (increase factor).

21,060 x 1.068 = 22,492.08 rubles. - total payable.

Indexation of alimony according to the minimum wage

Since May 2018, the minimum wage has been equal to the subsistence level; indexation is carried out in accordance with the growth of the monthly minimum wage, depending on the recipient’s attitude to the social class.

In March, the PM was 11,000 rubles, in April it increased to 12,300 rubles. Alimony is equal to 11,300 rubles.

12,300 /11,000 = 1.11 – coefficient.

11,300 x 1.11 = 12,543 rubles. – alimony after indexation.

Indexation of alimony to the former spouse
A similar formula is used here.

In June, the PM was equal to 10,300 rubles, in July it was increased to 11,700 rubles. RUB 4,000 is transferred monthly to the spouse.

11,700/10,300 = 1.135 – coefficient.

4,000 x 1.135 = 4,530 rubles. - after promotion.

Indexation of alimony for parents
Parents also have the right to receive alimony from adult able-bodied children. Payments are assigned in a fixed amount depending on the MP and the financial situation of the parties.

The monthly minimum wage per adult in March was 13,400, in April it was increased to 14,000 rubles. For the maintenance of the mother, those liable for alimony are paid 5,000 rubles. monthly.

14 000 /13 400 = 1, 044

5,000 x 1,044 = 5,220 rubles.

Indexation is carried out in relation to all types of alimony: parents, children, spouses, close relatives. The increase directly depends on the increase in the cost of living, and the calculation is made by the bailiff or accountant at the payer’s place of work.

What to do if indexing is not performed?

Often, collectors have to deal with the fact that bailiffs do not index alimony, therefore, the child does not receive part of the money due to him. Here you can do the following:

1. Draw up an application for indexation addressed to the bailiff conducting the proceedings. He is obliged to recalculate for past periods.
2. If the bailiff does not respond and the money arrives in the same amount, complain about the inaction by filing a complaint addressed to the senior bailiff of the FSSP unit. The complaint must indicate a response period; 10 days is sufficient.
3. After a complaint to the head of the FSSP, you can submit an application to the prosecutor's office or court. The defendant will be the FSSP.

Lawyer. 12 years of experience. Specialization: family and inheritance law.

When calculating alimony by the employer, indexation is carried out in the accounting department. If this requirement is not met, an application for indexation should be submitted to the head of the payer. If there is no response, you can send a writ of execution to the FSSP, and then the bailiff will demand payments.

Sample application for indexation of alimony to bailiffs

At the initial stage, it is enough to submit an application to the bailiff conducting the proceedings. It reflects the following information:

• name of the FSSP;
• Full name of the claimant;
• Full name of the bailiff, date of initiation of proceedings;
• Full name of the payer and the child for whose maintenance the funds are collected;
• link to article 117 of the RF IC, according to which indexation must be carried out by a bailiff;
• a request for recalculation of alimony for a specific period;
• a list of attached documents;
• number and signature.

Sample statement of claim for indexation of alimony to the court - download example

Ekaterina Derzhavina
Assistance in drawing up statements of claim and other legal documents

Applications for indexation of alimony by the employer

The application form for recalculation of alimony payments is practically no different from the document for bailiffs in terms of content:

• name of the organization at the payer’s place of employment;
• Full name of the head;
• grounds for collecting alimony: information from IL;
• by whom and to whom payments are collected;
• amount of alimony;
• link to article 117 RF IC;
• a request for indexation indicating a specific period.

Appealing the actions of the bailiff regarding indexation of alimony

A complaint about the actions or inaction of FSSP employees can be filed within 10 days after the claimant discovers a violation of his rights. To do this, you must follow the order of subordination:

• The actions of the bailiff are appealed through the senior bailiff - the head of the FSSP unit.
• If the senior bailiff did not respond to the complaint or refused to satisfy it, a subsequent application is submitted to the chief bailiff of the subject.
• An appeal against the actions of the chief bailiff is made by filing a complaint addressed to the chief bailiff of the Russian Federation.

When documents are received by a person not authorized to review them, he is obliged to redirect them to the authorized bailiff and notify the applicant in writing.

Arbitrage practice

When plaintiffs present justified claims, the courts take their side.

For example, in 2016, in one of the regions of the Russian Federation, a woman filed a claim for indexation of alimony under an agreement submitted at the payer’s place of employment. The accountant did not recalculate, although he was obliged to follow Art. 117 RF IC.

The claims were satisfied. The plaintiff provided detailed calculations and bank statements confirming that payments were received in the same amount throughout the entire period, although they should have been indexed. Additional information was also provided.

Indexation of alimony debt

You can index not only the main part of alimony, but also the debt on it. To do this, women need to act as follows:

1. File a claim for debt collection. The debt is calculated as follows: the amount is determined and multiplied by 0.1%. The result is the debt indicator for 1 day of delay - it is multiplied by the number of days of non-payment.
2. After the court decision on debt collection has entered into force, file a claim for indexation of alimony.

Payments in a fixed amount are calculated based on the cost of living indicators. If alimony is established as a share of earnings, the defendant provides salary certificates - this already includes automatic indexation by the employer, and therefore the amount of child support also increases.

How is the calculation made:

1. The PM amount is established for each period of non-payment.
2. For each time period, the indexation level is determined.
3. All amounts add up.

If the alimony obligee is guilty of non-payment, a penalty is collected from him - 0.1% of the debt amount for each day of delay.

Child support indexation calculator

For a more convenient calculation of alimony indexation, use the calculator.

Latest changes in the law

In December 2017, Resolution No. 56 of the Plenum of the Supreme Court of the Russian Federation came into force, according to which a number of changes were made in relation to alimony:

• The obligation to index is assigned to the persons who accrue funds: bailiffs, accountants, etc.
• The amount of alimony in a fixed amount cannot be less than 50% of the monthly minimum, with the exception of the poor financial situation of the payer.
• The claimant may refuse child support, and the proceedings are terminated by a court decision.

It was also planned to increase the amount of alimony payments to 15,000 rubles. per child, but at the moment the specifics of establishing the amount of alimony remain the same.

Did not find an answer to your question?
Find out how to solve exactly your problem - write your question right now (it's fast and free)

Read also: Renewing a passport at 20 years old: what documents are needed, replacement deadlines and fines, application

Legal advice for site visitors is free!

Author of the article

Lawyer. 2 years of experience. I specialize in civil disputes in the field of family law.

Source: https://SocPrav.ru/indeksatsiya-alimentov

Sample and application form for indexation of alimony

Indexation of alimony is an increase in the amount of payments due to an increase in the cost of living for certain groups of citizens. The indexation of alimony is regulated by Article 117 of the RF IC.

The purpose of indexation is to protect the rights of the child in the event of inflation and rising prices.

When is alimony indexed?

In a situation where the state reduces the cost of living, and this is also acceptable, the amount of alimony is not revised and remains the same.

Read also about changes in alimony amounts in this article.

The amount of alimony in the Russian Federation is closely related to the cost of living, therefore, as it increases, indexation will take place.

In accordance with the law, the cost of living can be changed no more than once a quarter. In proportion to the increase in the minimum, the amount of monthly payments for the “alimony holder” will also rise.

It is worth noting that the cost of living may differ in each region of the country, so indexation is carried out depending on the increase in the minimum in the region in which the payer works.

The indexation procedure can only occur in relation to alimony assigned in a fixed sum of money, that is, a specific figure has been determined that the payer must transfer monthly to the recipient or a portion of the subsistence level. For alimony calculated as a certain percentage of the payer’s earnings, indexation is not carried out. This is due to the fact that, as a rule, when the cost of living increases, the average earnings of citizens also increase.

Who does the indexing?

In accordance with regulatory legal acts, the calculation of alimony indexation can be carried out by:

• Bailiffs;
• Accountant of the organization in which the alimony payer works.

If the payer is a student, then the accountant of the educational institution paying him the scholarship has the right to carry out indexation. By the way, about the conditions under which a student can apply for alimony for education after 18 years of age - read on our website https://divorceinfo.ru/2439-kak-vyplachivayutsya-alimenty-na-obuchenie-posle-18-let

Bailiffs carry out recalculation as follows:

• The department receives an official document to the bailiffs about an increase in the cost of living (from the city administration or local social protection authorities);
• In proportion to the increase, the bailiffs recalculate the amount of alimony;
• A new writ of execution is handed over to the payer, notifying him of the changes made.

If alimony is indexed in a fixed amount by an accountant, he makes a recalculation after receiving a writ of execution from the bailiffs with the corresponding order.

Example calculations and indexing statement

In order to correctly calculate indexation, you need to determine whether alimony obligations are tied to the subsistence level. Such a link can be made either by the court or by mutual consent of the parents in a child support agreement.

Source: https://divorceinfo.ru/2952-obrazets-blank-zayavleniya-na-indeksatsiyu-alimentov

Indexation of alimony and debt for the past period: procedure and calculation

As a rule, the period of validity of child support obligations is long, because parents are obliged to support their children from birth until they reach adulthood. During this time, the economic situation in the country and the standard of living of people change more than once, so the amount of alimony is subject to indexation.

What is alimony indexation and why is it necessary?

Indexation of various types of payments is undertaken in order to maintain purchasing power for all kinds of goods and services.

 Usually it is carried out taking into account the level of inflation for a certain period, calculated by statistical authorities. As for alimony, previously (until 2012) they were indexed in accordance with the minimum wage, and now - in proportion to changes in the cost of living. It is established throughout Russia and in the constituent entities of the Russian Federation for certain categories - able-bodied people, pensioners and children.

When there is a quarterly increase in the cost of living, alimony for children, who receive a specific fixed amount, should also increase.

A fixed amount of money is established either by a court decision or an agreement on the payment of alimony.

In order to ensure that throughout the entire period of payments the amount of maintenance corresponds to the level necessary to meet the needs of the child, the possibility of its indexation is provided.

Note! If alimony is prescribed by the court in shares of the income of the person obligated to pay it, then indexation is not carried out. It is believed that the employer increases wages for employees in accordance with the increase in the minimum wage.

Conditions for indexing

In order for alimony to be indexed, the following conditions must be met:

1. Collection occurs either by a court decision in a certain amount of money, or by a mutual agreement certified by a notary, drawn up in writing, with the inclusion of a clause on the indexation of alimony obligations.
2. A quarterly increase in the cost of living in the region where the claimant lives, according to which the amount of payments increases proportionally. In the absence of a corresponding indicator in the region where the child lives, the minimum established by the Government of the Russian Federation once a quarter for Russia as a whole is taken into account.

Note! Since the cost of living is calculated taking into account the cost of the consumer basket, it can not only increase, but also decrease when it decreases. In the latter case, the rule for indexing alimony does not apply - it is paid in the same amount.

Who does the recalculation

In accordance with the Family Code of the Russian Federation, alimony indexation can be carried out by:

• bailiff;
• accounting department of the enterprise where the alimony worker works;
• judge – when disputes arise.

When the alimony payer is employed on an official basis, indexation is required to be carried out by the accounting service of the organization. The basis in this case will be an order from management authorizing the specified action.

It is published only after the cost of living has been increased. In this case, we are talking about indexation, which is subject to the amount of alimony not exceeding 25 thousand rubles.

In a situation where this amount is exceeded, indexation will be handled by the bailiff or the court to which the claim is filed.

If the alimony recipient does not have a permanent job (when alimony is assigned on the basis of a writ of execution or a court order), the indexation must be carried out by a bailiff.

Note! If the indexation clause is included in the text of the agreement, then it can be carried out by both the bailiffs and the accounting department. If there is no such clause, you need to go to court.

Download a sample statement of claim for the collection of child support

Frequency of recalculation

The legislation does not contain special instructions for any specific date for indexing alimony. The Law on Enforcement Proceedings states that recalculation must be done after the government or the leadership of the subject issues a resolution on increasing the cost of living. This provision applies to both bailiffs and accounting employees.

As for alimony paid under an agreement, any conditions can be specified in it, as long as they do not conflict with the norms of the law. You can specify:

• a specific date, for example, the 20th of each month;
• frequency: once a month, quarter or year;
• link to article 117 RF IC.

The indexation size can also be different and be expressed:

• in parts of the salary;
• percentage of income;
• a certain amount.

Note! Responsibility for the timely recalculation of alimony obligations rests with either the management of the enterprise or the bailiffs, depending on who carries out this responsibility.

Innovations in Article 117 of the RF IC of 2017 on the indexation of alimony

Indexation of alimony payments is made on the basis of the provisions of Art. 117 RF IC.

Before changes were made to it in November 2017, indexation followed the sending of the original writ of execution to the enterprise by the recoverer or bailiff. After 25.11.

2017 – the date of entry into force of the changes – indexation should also be carried out after the organization receives a copy of such a document from the bailiff when he terminated the case.

After the enforcement proceedings are completed, the debt accumulated up to this point is collected in the process of another enforcement proceeding. It must be initiated simultaneously with the termination of the previous one.

The adopted innovations do not change the algorithm of interaction between the FSSP service and enterprise management. It is only supplemented by the fact that bailiffs must control not only the calculation of alimony amounts by organizations, but also the performance of functions for their indexation.

According to the law on bailiffs, representatives of the FSSP can, both on their own initiative and on the basis of a claimant’s application, inspect enterprises. If the bailiff's requirements are not met, the employer faces a fine in accordance with Art. 17.4 of the Code of Administrative Offenses of the Russian Federation, and in case of malicious violations - punishment based on the provisions of Art. 315 of the Criminal Code of the Russian Federation.

How to submit an application for indexation

If indexation is not carried out within the framework of enforcement proceedings, the claimant has the right to take the initiative and write a statement. It must be sent:

• at the place of work of the obligated person;
• to the bailiff service if the alimony payer is not employed.

The application for indexation is written in any form, but there are points that need to be reflected in it. These include:

• name of the organization or branch of the FSSP;
• information about the applicant: full name and address;
• document's name;
• production opening date;
• case number;
• number of the order or resolution;
• references to legislation (Article 117 of the RF IC, Law on Enforcement Proceedings);
• requirement for indexation of payments;
• date of;
• signature.

Download a sample application for indexation of alimony.

Calculation procedure for previous periods

Collection of alimony is possible for a period not exceeding three years. This rule also applies to the indexation of obligations. If for three years (or less) alimony was paid without taking into account the increase in the cost of living, then the claimant can go to court for payment of the lost amounts. The application is submitted in the same manner as a claim for the collection of alimony itself.

The following situations are exceptions to indexation for the past period:

1. The alimony payer can provide evidence that the recipient did not carry out indexation by mutual agreement of the parties or took appropriate compensation in the form of property or other material benefits.
2. The cost of living did not increase during the period for which the claims were made.
3. The cost of living was raised before the start of the three-year period.

Calculation example

In accordance with the court decision dated November 30, 2016, Sinelnikov A.M. is obliged to pay alimony for a minor daughter in the amount of 1.2 times the subsistence minimum in the Volgograd region. For December 2016, the accounting department of the enterprise where he works calculated alimony according to the following calculation:

Read also: Sobyanin box for newborns

9670x1.2 = 11604 rubles, where 9670 is the cost of living per child for the 4th quarter of 2016 in the Volgograd region.

Then, in the 1st and 2nd quarters of 2017, alimony was calculated in the same amount, without taking into account changes in the cost of living, despite the fact that two regional resolutions were issued to increase it. Already in the 3rd quarter, the error was noticed and corrected.

Before the recalculation, the picture of accruals for the 1st and 2nd quarters of 2017 looked as follows.

1st quarter:

• January – 11604 rub.
• February – 11604
• March – 11604

2nd quarter:

• April – 11604
• May– 11604
• June – 11604

The total amount of alimony for six months was 69,624 rubles.

After recalculation, it changed taking into account the fact that in 1 sq. In 2017, the cost of living in the region was 1 square. – 10105 rubles, in 2nd quarter. – 10732 rub.

Additional charges for 1 sq. amounted to:

11604 x (10105: 9670) = 12184 rubles.

• January – 12184 – 11604 = 580
• February – 12184 – 11604 = 580
• March – 12184 – 11604 = 580

• Total for the 1st quarter 1740 rubles.
• Additional charges for 2 quarters
• 12184 x (10732 : 10105) = 12940

• April – 12940 – 12184 = 756
• May – 12940 – 12184 = 756
• June – 12940 – 12184 = 756

Total for the 2nd quarter 2268 rubles.

The total indexation amount for the 1st and 2nd quarters of 2017 was 1740 + 2268 = 4008 rubles.

In the 3rd quarter of 2017, the cost of living per child in the Volgograd region decreased and amounted to 10,520 rubles. This means that the amount of alimony for each month of the 3rd quarter will be equal to 12,940 rubles.

Is alimony debt indexed?

The indexation mechanism applies not only to alimony itself, which by law is paid every month, but to debt, if any arises. This provision is very relevant, since throughout the country there are a large number of people who evade the obligation to support children.

As a result, the amount of accumulated debt due to inflationary processes becomes insignificant. To ensure that the interests of children are not violated, alimony arrears should be indexed in proportion to the increase in the cost of living.

Note! Since alimony debts are usually incurred by persons who do not have an official job or do not work at all, bailiffs are involved in indexing them.

What to do if you do not agree with the actions of the bailiff

Unfortunately, practice shows that representatives of the FSSP do not always do their work conscientiously. Therefore, indexation of alimony and amounts owed on it is not always carried out in a timely manner. Sometimes calculations are made with errors, so the recipient of alimony needs to “keep an eye out” and periodically make independent calculations.

If negligence is discovered in the work of FSSP employees, you need to write a complaint against them. First of all, it is advisable to send an appeal to the FSSP in the order of subordination:

1. The head of the bailiff who is in charge of the case - the senior bailiff of a particular FSSP unit.
2. If it was not possible to achieve a result - to the chief bailiff of the subject (region, republic).
3. If no understanding is found there either - to the chief bailiff of the Russian Federation.

You can send a complaint by registered mail with notification, take it to the FSSP yourself, or use the website www.fssprus.ru. The complaint is considered within 10 days from the date of receipt.

In addition to the above authorities, such complaints are accepted by:

• prosecutor's office;
• Administration of the President;
• district court of general jurisdiction.

A complaint to the court must be filed in the area covered by the powers of the bailiff, within 10 days from the date of the disputed action (inaction) or the day when it became known or should have become known. The application is considered within 10 days.

Source: https://SemPravoved.ru/support/quantity/indeksasiya-alimentov/

Indexation of alimony

Alimony is funds sent by a parent to a child on the basis of family law for the purpose of providing maintenance. To maintain social justice over time, indexing is used. Indexation is a measure aimed at changing the composition of an agreement or requirement in accordance with changing prices and living standards of the state.

It is necessary to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

Call right now and solve your questions - it's fast and free!

In a general sense, the basis for using this remedy is rising prices. In connection with the Family Code, indexation is tied to the consumer minimum established in the region. If the minimum set of products and services has increased in price, a recalculation is made taking into account the current level of this minimum.

Indexation of alimony is established by Article 117 of the RF IC (Chapter 17) and is used everywhere in enforcement proceedings.

The procedure for indexing alimony

Indexation of alimony collected by court decision is carried out on the basis of 229-FZ (on enforcement proceedings). Indexation is carried out by various public and private organizations:

1. Bailiffs act on the basis of a writ of execution or a court order, implementing the legal rights of the child through measures, including coercive ones. They have the right to reasonably collect amounts from the payer’s property and income, even without his consent.
2. The accounting department or the owner of an enterprise that does not have an accountant (for example, the owner manages it independently) acts on the basis of the decisions of the bailiffs, but can carry out indexation independently, without the need to wait for decisions from the FSSP. It is important that in this case the payer may demand (by submitting a completed application form) to stop indexation.
3. The accounting department of a higher educational institution is included in the work if the payer is a full-time student and one of the sources of his income is a scholarship. This payment is subject to alimony obligations.

Indexation of alimony becomes available when the cost of living increases. Since it is assumed that the amount paid for shared payments always grows with the standard of living, the law only regulates the indexation of alimony in a fixed monetary amount .

The procedure is initiated by the Government of the Russian Federation in cases where, in order to maintain a sufficient level of provision for the population (primarily vulnerable groups), the key calculation indicator must be increased.

Previously, for changes in alimony, the minimum wage was used, which did not clearly reflect the needs of the child, and not the level of payment sufficient for an adult.

The amount of payments increases by the same number of times as the cost of living increased during the period under consideration. How to calculate indexation for alimony:

NA = (SPM/NPM) * SA

Abbreviations mean:

• NA - the amount of alimony due for payment in the present;
• SPM - the size of the subsistence minimum at the time of calculating the old amount of alimony;
• NPM is a similar value, but for the current moment;
• SA is the old amount of alimony.

Thus, the alimony indexation calculator in a fixed monetary amount, including that established after a settlement agreement, is closely related to the cost of living.

Alimony for the past period

Indexation is also available for past payment periods. The maximum period corresponds to the limitation period - 3 years .

That is, if there was an increase in the cost of living over three years, but the recipient did not index (or the person responsible for indexation did not do so) alimony, then you can get the court to pay the entire unpaid amount.

The claim is filed in the same way as for the payment of alimony itself.

Exceptions may be cases when:

• it has been proven that the person intended and did not carry out indexation under the agreement, as well as for proven material benefits;
• the cost of living did not change during the period taken into account;
• the cost of living was changed before the start of the period included in the limitation period.

After a court decision is made, the indexation amount is subject to the same properties as regular alimony - if payment is not made, a debt begins to arise. The procedure for recalculation taking into account the standard of living involves dividing the payment into periods corresponding to changes in the cost of living.

Conclusion

Indexation of alimony allows a child to maintain a decent standard of living, regardless of prices.

The legislation establishes:

1. The main responsibilities for recalculation fall on bailiffs, enterprises and educational institutions. The forced collection function can only be used by FSSP employees.
2. The payer may require his employer not to carry out indexation, although this requirement will entail legal consequences.
3. The frequency of indexation of alimony is closely related to the indexation of the subsistence level by the Government. The increase in the amount after indexation is directly proportional to the change in the cost of living.
4. Indexation of alimony is possible only in cases where the amounts are paid in a fixed amount, since with shared payments the fact of an increase in the standard of living stems from the voluntary indexation of the level of wages by the payer’s employer.
5. Indexation of alimony for the past period is permissible if the period of the required changes is included in the statute of limitations.
6. In case of payment violations after indexation, the payer is deducted the amount according to the general procedure for debt formation - 0,5%.

The most popular question and answer regarding alimony indexation

Question: In 2005, the court awarded alimony to my ex-husband in the amount of 3,000 rubles. Since then, he has been paying them regularly, but today this amount no longer covers any expenses for the child. How can I increase the amount of alimony? Oksana.

Answer: Oksana, for such situations, the law provides for the indexation of alimony.

Since the standard of living (and the cost of living) has only grown over the years, and the amount of fixed payments is completely tied to the average salary in the region.

In this case, indexation will be carried out based on the ratio of the initial level of subsistence level to the current one. For example: in just two years in Moscow it has grown one and a half times.

Since you have a court decision on alimony and norm 117 in the RF IC, you can contact the bailiffs with a request to recalculate the amount of payments. There is no need to go to court (Article 102, 229). It will also not be possible to recover the hypothetically lost amount for the previous period, except to try to conclude an agreement with the child’s father, hoping for his honesty.

List of laws

• Article 117 of the RF IC;
• 229-FZ of the Russian Federation.

Still have questions or your problem is not resolved? Ask them to practicing lawyers right now!

Call and solve your problems right now - it's fast and free!

Source: http://family-advisor.ru/alimenty/indeksaciya-alimentov/