Alimony at the cost of living: calculator, sample application

We all know that only a few fathers regularly fulfill their responsibilities to the child, who, after a divorce, lives with his mother, and help him financially in order to meet the needs of life. If the mother’s requests for help jointly supporting a common child do not equally achieve the desired result, then she is forced to go to court to force the collection of alimony. But even such measures do not always force an unscrupulous parent to fulfill his duties to the child properly; as a result, all efforts lead to nothing. Therefore, before filing a lawsuit, the mother is interested in the question: “What amount of alimony will be paid to her by law for a child or for several children?”

According to the Family Code, for the maintenance of one child, the alimony payer is obliged to pay 25% of his earnings, for two - 33%, for three or more than 50% (Article 81 of the RF IC). This scheme is applicable for working fathers.

For those who are temporarily unemployed, the court can establish a fixed form of payments, based on the level of the cost of living in a particular region.

That is, each case is individual, but you can still try to calculate the approximate amount of alimony if you know the father’s income. This can be done using the online calculator on our website.

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How to calculate child support using a calculator

An online child support calculator helps you quickly calculate the amount you can claim after filing a claim in court to recover financial support for a child. If you are not entirely sure how to use the calculator correctly, please read the calculation instructions below.

1. First field: mark the number of common children for whom you plan to receive child support. Depending on the number of children, a certain percentage of the parent’s income will be taken.
2. The next field is “Income”, enter the father’s monthly salary here.
3. The “personal income tax” field must be taken into account in the calculator when the total amount of income is indicated without deducting tax.
4. The last column is “Additional income”; we also indicate them if the alimony payer has other amounts of income, for example, renting out housing or having a deposit in a bank on which he receives monthly interest. That is, it indicates the amount that can be cited as evidence of additional earnings in court.
5. If everything is filled out correctly, click “Calculate”. After this, the alimony calculator will give you the correct amount of payments.

When calculating monthly alimony payments, it is important to know whether the alimony payer has other dependents, for example, children from another marriage or disabled parents, as this will directly affect the amount of deductions.

A very important point during the calculation is whether personal income tax is calculated or not (13% of the total charges).

If you know the amount of wages that your ex-spouse receives in person, this means that he already has net income including tax, so we put “No” in the “Personal Income Tax” field.

And if you find out exactly the amount of accruals by the employer, without tax withholding by the accounting department, then put “Yes”.

Examples of calculating alimony using a calculator

You understand how to calculate alimony online by using a calculator. Now let’s give an example with numbers for a better understanding of how it works.

Example 1

After the divorce, two children live with their mother. She wants to file for child support. The ex-husband receives 35,000 rubles in hand. He has no outside income. So, the amount of alimony will be equal to:

1. In the first field, mark the number of minor children – “2”.
2. In the second we set the salary amount - “35,000”.
3. Next, in the personal income tax field, mark “No”.
4. We put the same thing in the additional income column - “No”.

Thus, 35,000 * 0.33 = 11,550 rubles for 2 children.

Example 2

Now for a more complex calculation example. Here, before entering data into the calculator, you will need to make independent calculations. So, after the divorce, two children live with you. The total amount of the father's accrued salary is 49,000 rubles. In addition, he has another child from his first marriage, for whom he also pays alimony.

1. We calculate net income: 49,000-13% = 42,630 rubles.
2. We subtract payments for one child from the first marriage: 42,630 – 25% = 32,000 rubles.
3. Now we calculate the amount of child support for your two children: 32,000*33%=10,560 rubles.

Example 3

The last example of calculation will be given for a non-working father and the presence of one minor dependent. It is very important here whether he is registered for unemployment or not.

If he has a minimum unemployment benefit, for example, 7,900 rubles (this figure is different for each region), then this amount is entered in the first earnings field.

Income tax is not calculated from state benefits, so we enter only the number of children and click “Calculate”. Total: 7900*0.25% = 1975 rubles.

Thus, anyone can calculate the amount of future alimony using an online calculator. The main thing here is to enter all the data correctly. And if the father’s income is not fixed, then it will be necessary to recalculate separately for each month. This will only take you a couple of seconds.

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Source: https://alimentypro.ru/kalkuljator-alimentov/

Calculation of alimony at the cost of living in 2018

The question of when alimony is calculated at the subsistence level is quite relevant today. Indexation is needed to determine the exact amount of financial assistance assigned in a fixed form. How exactly it is necessary to index alimony according to the subsistence level and the minimum wage will be discussed in detail in our material.

Alimony relations

After two spouses divorce, the child usually remains with the mother, and the father helps the family financially. This type of assistance is called the alimony system. Such relationships are established immediately after a divorce. There is only one condition: the son or daughter in respect of whom payments will be made must not be older than 18 years.

Consolidation of the financial assistance system is implemented in two forms: voluntarily, or by contacting a financial institution.

The first form is convenient if the parents have reached a certain compromise and have no misunderstandings. They independently determined the amount that needed to be transferred, set the terms and periods of payments.

In such a situation, a special agreement is concluded, which is later certified by a notary.

The court should be contacted in the case where the parents are not able to independently consolidate the alimony relationship and fill out the corresponding agreement. If citizens cannot find a compromise, then the state finds it in the form of a court. They also establish the form of payments - flat or equity.

Alimony and cost of living

A shared form of alimony is assigned to those citizens who have a stable job and official income.

The amount of financial assistance accrued to a minor is calculated from the salary received. This is 25% for one child, 33% for two, 50-70% for three or more children.

The share form of payments does not change. The only exceptions are situations when one of the parties to the proceedings requests this, or when a citizen’s earnings change.

The fixed form of payments depends on the volume of the regional subsistence level for a minor. More precisely, alimony should not be less than this minimum.

Since social financial attitudes change almost monthly, the accompanying payments need to be indexed according to the changes implemented. Thus, alimony in a particular region is constantly indexed. Representatives of the FSSP - bailiffs - are engaged in this.

All rules regarding the dependence of financial assistance on the regional minimum for living are recorded in Article 117 of the domestic Family Code.

How is the calculation done?

The technology for calculating alimony at the subsistence level varies depending on for whom the calculation is being made and what standards are taken into account. In Russia, the minimum living requirement is taken into account according to three categories of the population:

• minors;
• able-bodied citizens;
• pensioners.

Each category has its own financial minimum necessary to maintain human life.

The law defines several cases when a person can demand the establishment of a fixed form of alimony payments. Here it is worth highlighting:

• having a non-permanent job;
• lack of employment on an official basis;
• inability to determine the exact percentage of the payer’s income;
• violation of the legal rights of a minor associated with shared accrual;
• maintaining wages in foreign currency or in kind.

A reduction in alimony is possible only if the potential payer becomes seriously ill, loses the main source of income, or begins to care for other dependents.

Current legislation does not indicate what the minimum amount of alimony is due to citizens in need.

In this regard, resolution of conflict situations can be implemented exclusively on the basis of legal proceedings. It is very important to ensure that financial assistance does not decrease along with inflation.

This is where indexation will help – the procedure of equating payments to the normal monetary volume.

Collection of alimony at the subsistence level

You can increase the amount of alimony in different ways. One of the many options is to change the lobe form to a solid one. This way the exact volume will be established, no less than the subsistence level in the region. The amount of alimony is determined as a specific number, which is a multiple of the minimum wage. This amount is indexed according to the financial volume of payments established for the current year. A note about indexation must be present in the operative part of the decision.

The subsistence minimum is also used when child support is awarded in a fixed amount. The court decision does not write a specific amount, but indicates the number of subsistence minimums. For example, 1.5 PM installed in the region. This formulation is intended to automatically establish indexation of payments.

Today, it is the minimum wage (minimum wage) that determines all other social payments and benefits. These include fines, fees, benefits, and the overall standard of living. Calculation and approval of the subsistence level budget is necessary to determine the standard of living and form the budget. In addition, alimony is calculated from the specified amount.

Payment requirements

To determine the amount of alimony and carry out indexation, you must perform the following procedure:

• find out the minimum cost of living established by law;
• find out the exact cost of living;
• multiply the result.

There is a second calculation option. The procedure here is slightly different:

• the amount for living at the place of residence of the alimony recipient is determined;
• the multiplicity of the amount of alimony in solid form to the total number of subsistence minimum values ​​is calculated;
• the resulting number is multiplied by the minimum amount for accommodation at the time of calculation.

How to calculate alimony according to the presented option? The alimony calculation scheme is as follows:

IAl = NPPM / SPPM * d.

Here IAL is the amount of alimony that has already been indexed. NPPM is a new indicator of the regional subsistence level. SPPM is the old indicator of PM in the region, and D is the monthly amount of alimony payments, fixed before indexing.

Read also: Payments to children under three years of age in 2020: large families, low-income people

Alimony in fixed form is subject to indexation quarterly. The cost of living established in the region changes every quarter.

In theory, it should be handled by bailiffs, but it is also possible to carry out indexing independently. This is necessary, among other things, to verify the received data. But according to Article 9 of the Federal Law “On Enforcement Proceedings”, the amount of alimony exceeding 25 thousand rubles is indexed and calculated exclusively by the bailiffs themselves.

It is almost impossible to know in advance when the next calculation will be made. Everything here depends on the frequency with which the amount of the established minimum for accommodation changes. According to the norms of the RF IC, indexation is implemented immediately after the regional cost of living changes.

Indexation of alimony through the minimum wage

It is still possible to work with the minimum wage. Calculations are carried out by determining the size of the withheld values. In judicial practice, it is customary to name a value that is a multiple of the minimum wage, or to indicate a part of this indicator for calculation. For example, a citizen was awarded payments in the amount of 0.8 minimum wages every month. The minimum wage is, suppose, 7.5 thousand rubles. Therefore, 6 thousand rubles must be transferred for the maintenance of a dependent. Naturally, payments under the minimum wage cannot be established by the court. This is allowed only when concluding a voluntary agreement drawn up by a notary.

Child support for less than a month

The question of what period is taken to calculate alimony is decided depending on the type and form of payments.

Shared financial assistance is associated with periods of salary payment, and fixed forms of payments depend on changes in the cost of living. An increase or decrease in PM occurs quarterly - that is, once a season (three months).

But how to calculate alimony payments if they are provided untimely or in incomplete amounts?

Withholding of alimony amounts begins from the date recorded in the writ of execution. The date can be any, because in accounting practice there is a question about the correct calculation of the amount for an incomplete month.

The method of calculation is not specified by law. You can count on both calendar and working days.

But the first option is more often used, since alimony is withheld not only from wages, but also from vacation pay, disability benefits, sick pay, etc.

The actual salary is divided by the total number of calendar days of the month and multiplied by the number of days from the date specified in the writ of execution. An example should be given. Employee Ivanov must pay child support in favor of his minor daughter by July 16. The calculation for an incomplete month is as follows:

• Net income – 40 thousand rubles. Including personal income tax (13%) – 34.8 thousand rubles.
• Income for one calendar day is 1160 rubles (we divide monthly income by 30).
• The number of days in an incomplete month from July 16 to July 31 is 16.
• Income for less than a month: 1160 * 16 = 18,560 rubles.
• The amount of alimony to be withheld for one child is 25%. From 18,560 rubles this is 4,640 rubles.

Alimony in a fixed amount will be even easier to calculate. It is enough to divide the amount of the cost of living in the region by the number of days in the current month and multiply the resulting number by the number of calendar days calculated from the specified date.

Calculation of alimony debt

The alimony debt can arise either through the fault of the payer himself or through the fault of the employer’s accounting department. The first case is fraught with penalties in the form of certain penalties. We are talking about penalties - interest accrued for each day of delay.

Since August 2018, the debtor is charged 0.1% of the total amount of alimony required to be paid for the month. In addition to the administrative liability imposed for too long a delay, deprivation of special rights is also allowed.

This is the ability to drive a vehicle, travel abroad and some other actions.

If the debt arose due to the fault of the citizen’s employer, then the FSSP comes into play. Bailiffs independently identify the payer's superiors, and then carry out appropriate work with him.

It turns out that the penalty is not charged in situations where the delay occurs through no fault of the citizen. This is for example:

• delay of wages;
• lack of income due to the citizen’s incapacity for work;
• mistake of an accountant or credit institution;
• failure to notify the recipient of a change in details, or submission of incorrect data.

Mothers, that is, alimony recipients, are not required to calculate alimony debt. Such a responsibility rests with the bailiff or the payer himself.

Source: https://rualimenty.ru/sposoby-rascheta-alimentov-po-prozhitochnomu-minimumu/

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.

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.

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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.

Read also: Young family program 2020-2021: conditions in Moscow and Moscow

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.

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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

Alimony at the cost of living: calculator, sample application

Each parent is obliged to take care of his child, regardless of the fact of living together with him. Material support for a minor after the divorce of the mother and father is carried out through the establishment of alimony obligations.

Funds may be collected from the payer on the basis of a mutual agreement certified by a notary or by court decision. If the parent has a stable income and has an official place of employment, then alimony is approved as a share of the person’s income.

With the unemployed or citizens working in seasonal jobs, everything is different. In relation to the latter, alimony is withheld in a fixed amount from the subsistence level .

This will be discussed in more detail in the article.

Fixed payment of alimony

The responsibilities of parents for the maintenance of minor children are determined by Art. 80 IC RF. Art. 81, in turn, establishes the amount of deductions from the payer’s income.

If paying alimony as a share of earnings is not possible (expedient), then the citizen is required to contribute part of the funds in a fixed amount (TDS), which is provided for in Art. 83 SK.

Payments in a fixed amount of money are withheld by the court in the absence of an agreement between the mother and father on financial support for the child.

And also in the presence of the following circumstances:

• parent, has unstable income;
• a citizen partially or fully receives a salary in foreign currency (in kind)
• the person is listed as unemployed;
• in other situations, if collecting funds in shared terms is difficult or violates the interests of any of the parties.

• In a number of cases, the court uses a mixed form of collection of funds.
•  The amount of deductions in a fixed amount is calculated by the court, taking into account the preservation for the payer of the minimum level of security required to satisfy basic needs.
• Other circumstances are also taken into account, for example, the presence of other dependent children in the child support provider’s family.

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

Alimony
in a fixed amount: indexation to the subsistence
level

1. In addition to establishing alimony deductions, the basis document (court order, agreement between former spouses) establishes the procedure for indexing payments.
2. This is required to ensure that inflation processes do not affect the level of material security of the recipient.
3. Deductions as a percentage of a citizen’s income do not increase, and transfers to TDS are tied to the cost of living established by the relevant legal acts.

Source: https://pravasemei.ru/alimenty/alimenty-i-prozhitochnyj-minimum-na-rebenka/

Indexation of alimony for the past period: formula, calculation, calculator

Home / Alimony / Indexation of alimony

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Child support is a long-term obligation that requires regular payments until the child reaches adulthood.

It is predictable that over such a long period of time, the economic situation in the country, prices, needs and consumer opportunities can change significantly (and more than once).

The legislator has provided a way to protect the rights of the most vulnerable and unprotected social groups (including minor children receiving alimony) from material losses associated with inflation. This method is indexing.

Read also: Waiver of child support: voluntary, sample

Why index?

Indexation is a periodic recalculation of alimony prescribed by the court or parental agreement in the form of a fixed sum of money.

As you know, alimony can be awarded...

1. as a percentage of parental income.
2. in the form of a fixed sum of money, a multiple of the subsistence level.

Alimony payments, which are assigned as a share of parental income, are not subject to indexation, since they grow simultaneously with wage growth (their “indexation” is carried out by the employer when wages increase).

But fixed alimony payments are subject to mandatory indexation throughout the entire period of payment, so that the amount of alimony corresponds to the child’s standard of living, regardless of changes in the economic situation, and increases simultaneously with rising prices.

Thus, indexation is a method provided by law (according to Article 117 of the RF IC) to protect income (including child support payments) from losses associated with inflation.

Legislative framework

The legislation of the Russian Federation does not yet have a single law that would determine the procedure for indexation, starting from government regulations and ending with the recalculation of the amount of alimony in each specific case.

Therefore, the entire process of indexing income is regulated by Art. 117 of the Family Code of the Russian Federation and Art. 102 Federal Law “On Enforcement Proceedings”.

Not long ago, changes were made to the above provisions of the law.

In 2017, Federal Law No. 321 was adopted, which made it possible to speed up and simplify the process of indexing alimony. From now on, indexation is possible not only by bailiffs, but also by organizations, enterprises, institutions that directly calculate and withhold alimony from the income (wages, pensions, scholarships, social benefits) of the alimony payer.

In this case, it does not matter who presented the writ of execution for the collection of alimony in a fixed amount - the court, the bailiff, the claimant or the alimony payer.

In what cases is alimony indexed? conditions and procedure

Of course, the indexation of alimony does not occur solely at the request of the claimant, who has noticed an increase in prices for food or medicine.

The conditions for indexing alimony are as follows:

1. Alimony must be collected in a fixed amount.

If alimony is collected as a percentage of permanent income, indexation is not carried out, since the amount of alimony increases in proportion to income growth.

1. Alimony must be collected in accordance with...

• court decision (and writ of execution issued on its basis)
• a voluntary alimony agreement concluded between the parents and certified by a notary;

If alimony is collected in accordance with a court order, indexation is impossible, since alimony is assigned by court order exclusively as a percentage of income, and not as a fixed amount.

1. There should be an increase in the cost of living in the region of residence of the alimony recipient, on the basis of which a proportional increase in the amount of alimony is carried out - indexation.

If the region where the recipient of alimony lives does not have a living wage, the indexation will be based on the growth rate of the living wage throughout the country, which is established quarterly by the Government of the Russian Federation.

Many people confuse the indicators of the cost of living and the minimum wage (minimum wage). Although there are similarities between these indicators - they mean the maximum permissible minimum, there are still more differences.

Until 2012, the amount of alimony payments was correlated with the minimum wage and increased along with it, but starting in January 2012, the increase in monthly alimony payments is “tied” to the increase in the cost of living.

Child support, which is assigned in a fixed amount, is always a multiple of the minimum cost of living for a minor child established in the region of residence of the recipient of alimony payments . And only if there is no such data in the child’s region of residence, is it permissible to use the federal subsistence level indicator.

To calculate the living wage, statistical data on the consumer cost of food and non-food products, the cost of services, and the cost of mandatory payments are used.

Since the cost of living for a child is revised quarterly, accordingly, the fixed amount of alimony should also be recalculated and increased.

 It is believed that the living wage reflects the child’s needs for material support necessary for a full life.

The minimum wage indicator is also used when assigning alimony, but not in a fixed amount, but as a percentage of the parent’s income (25% for one child, 33% for two, 50% for three children) - the amount of wages from which alimony is collected , cannot be lower than the minimum wage.

Who carries out the indexing?

Indexation of alimony can be carried out...

1. An official (usually an accountant) of an enterprise, institution, or organization who calculates, withholds and pays alimony from the payer’s income.
2. A bailiff who conducts enforcement proceedings to collect alimony from the payer’s income.

The bailiff must issue a resolution , and the management of the enterprise, institution, or organization must issue an order or order.

How often are alimony payments indexed?

There are no special instructions in the legislation regarding the frequency and duration of indexation of alimony.

But according to Art. 102 of the Federal Law “On Enforcement Proceedings”, recalculation and proportional increase in the amount of alimony must be done after the release of a resolution on increasing the cost of living from the Government of the Russian Federation or the leadership of a local government body.

This ruling applies to everyone -

• and on bailiffs who conduct cases of alimony collection,
• and on the heads of organizations, enterprises, institutions that pay income to alimony payers.

It is these officials who are responsible for the timely indexation of alimony payments.

And alimony recipients and payers can independently monitor data on federal and regional regulations and living wage indicators in official printed publications and online resources.

They are also entitled to get acquainted with the materials of enforcement proceedings, provide additional materials, submit applications and complaints about illegal actions or inaction of officials (according to Art.

50 Federal Law “On Enforcement Proceedings”).

Indexation of alimony debt and alimony payments for the past period

According to paragraphs 1-2 of Art. 113 of the RF IC, it is allowed to collect alimony for the past - within a 3-year period (if the non-payment was not due to the payer’s fault) or for the entire period of non-payment (if the payer was at fault).

Similarly, indexation of alimony over the past period of time .

If for some time alimony has been paid in a fixed amount without recalculation in relation to the increase in the cost of living, the claimant can apply to the court for payment of the missing amount.

The period for which it is possible to recalculate alimony also depends on the fault of the payer (although there are still disputes among lawyers - theorists and practitioners - regarding the application of deadlines):

• for the last 3 years - if the payer is not to blame for the fact that alimony was not indexed.
• for the entire period - if alimony was not indexed due to the fault of the alimony payer.

For example, for many years, the alimony payer conscientiously and independently paid the amount of alimony assigned by the court, without contacting accountants and bailiffs, and knew nothing about indexation. After recalculating child support for the previous period, it turned out that he owed his own child a “cosmic” amount.

• Indexation is carried out for each alimony payment separately - in accordance with the calculation period and the cost of living indicator when it was paid.
• Indexation of alimony for the past period is not allowed in the following cases:

1. The alimony payer can provide the court with evidence that the recipient refused indexation by agreement of the parties or received compensation for the missing amount in the form of property or other material benefits.
2. The cost of living did not increase during the period (up to 3 years) for which the claims were made.
3. The cost of living was increased before the beginning of the period (up to 3 years) for which the claims were made.

Not only regular alimony payments payable in the future are subject to indexation. Debt for unpaid alimony is also subject to indexation (Article 208 of the Code of Civil Procedure of the Russian Federation) so that the rights of children are not violated.

After all, as you know, not all alimony payers are disciplined and conscientious. Some tend to delay payments or even accumulate debts to their own children, which over time, due to inflation, depreciate and turn into “pennies.”

The period for which it is possible to index the debt does not depend on the guilt of the debtor (unlike the recalculation of paid alimony for the previous period).

Debt indexation is not a measure of the debtor’s financial liability for failure to fulfill an obligation (like a penalty), but serves as a way to compensate for material losses associated with inflation during the period of failure to fulfill an obligation.

Therefore, the entire amount of debt is subject to indexation.

How to calculate indexation for alimony?

Before you start indexing alimony, you need to know:

• the previous cost of living in the child’s region of residence;
• the cost of living after the increase (valid at the time of indexation);
• a fixed amount of alimony, appointed by the court or established by the alimony agreement.

Calculation formula

So, the increase in the amount of alimony occurs in proportion to the increase in the cost of living.

The procedure and formula for calculation are provided in clause 5.2 of the Methodological Recommendations on the procedure for executing documents on the collection of alimony, approved by FSSP Resolution No. 01-16 of June 19, 2012).

1. If alimony is assigned in an exact amount, a multiple of the subsistence minimum, to calculate it, it is enough to only multiply the multiple by the new subsistence level in effect at the time of indexation.
2. The formula looks like this:
3. Alimony / Previous PM * New PM = Indexed alimony
4. Example

The court collected monthly alimony in the amount of 8,000 rubles from the alimony payer Tishchenko. At the time of the court’s decision, the cost of living for a minor child in the Rostov region, where Tishchenko’s daughter lived, was 10,000 rubles.

• In fact, the fixed amount of alimony prescribed by the court is equal to 0.8 of the subsistence minimum.
• After 3 months, the cost of living for a minor child in the Rostov region increased to 10,500 rubles. The bailiff indexed the alimony as follows:
• (8,000 / 10,000) × 10,500 = 8,400 rubles.

1. As mentioned above, indexation of alimony is carried out only by an official -
2. But the parties - the payer and the recipient of alimony payments - can also make their own preliminary calculations.
3. To do this, in addition to the above formula, you can use a simple calculator:
4. If the official who is entrusted with the responsibility to carry out indexation does not do this for any reason, the recipient or payer of alimony has the right to independently initiate the procedure - by filing an application...

Indexation of alimony is a common and even routine procedure that is performed once a quarter. With rare exceptions, recipients and payers of alimony do not have any difficulties with recalculating the amounts allocated for the maintenance of children.

But if an official does not fulfill the duties assigned to him by law, if his actions or inactions violate the rights of children to timely and complete maintenance, if any dispute arises, the court is authorized to consider it.

If the claims turn out to be justified and fair, the court takes the plaintiff’s side, especially if we are talking about a violation of children’s rights.

But litigation with organizations, businesses and officials can be much more complicated than in the example above. After all, the staff always employs a professional lawyer, who has a significant advantage over an ordinary citizen who is not competent in legal matters.

Sometimes a dispute arises directly with the alimony payer, who pays alimony without taking into account indexation, and refuses to recalculate, especially if a specific amount is specified in the alimony agreement.

Source: http://law-divorce.ru/indeksatsiya-alimentov/