The collection of alimony in a fixed amount of money is one of the ways to determine the amount of money allocated for the maintenance of a minor child.
In what cases can you count on alimony in a fixed amount of money?
You can file a claim for alimony in a fixed amount if the alimony payer does not have permanent income, receives income from foreign currency or in kind or does not have a formal place of work. In addition, a fixed amount of alimony may be ordered by the court if a different method of determining the amount of payments violates the rights of the child or the needy spouse.
How to determine the amount of alimony in a fixed amount of money?
There are two options for determining the amount of alimony in a fixed amount of money. The first option - the amount of alimony is set by both parents, on a voluntary basis. The second option is used if the parents could not reach an agreement. In this case, the amount of alimony is established by the court during the consideration of the case. In court, the financial situation of the plaintiff and the defendant should be studied, on the basis of these data, the judge decides on the establishment of a fixed amount of alimony.
If the alimony payer does not have a permanent income or an official place of work, then the amount of alimony will be set in a share ratio, which will depend on the size average salary or living wage installed in a specific region of the Russian Federation.
Is it possible to change the amount of alimony in a fixed amount of money?
In the event of a change in financial situation, each of the parents has the right to file a claim with the court for a change in the amount of alimony.
The amount of alimony can be increased in the following cases:
- if there is reliable information about the increase in the income of the alimony payer;
- if the size of the subsistence minimum or the average salary in a particular region of the Russian Federation has been changed;
- if, due to inflation, there is not enough to support the child Money previously appointed by the court for the maintenance of the child.
The amount of alimony can be reduced in the following cases:
- if the income of the alimony payer has decreased due to certain circumstances (illness, disability, etc.);
- if the alimony payer had a child in his second marriage.
Where to file a claim for child support in a fixed amount of money?
An application for alimony in hard cash is filed with the Magistrate's Court at the place of residence of the plaintiff or defendant.
How to write a claim for alimony in a fixed amount of money?
You can use the following example:
What documents are required to file a claim for alimony in a fixed amount of money?
The following documents must be attached to the claim:
- Copy of the passport;
- A copy of the child's birth certificate;
- Copies of marriage and divorce certificates;
- A copy of the certificate of paternity;
- Calculation of the amount of alimony;
- Justification of the required amount (checks, receipts, etc.).
If you have any questions or problems with filing a claim for alimony in a fixed amount of money, you can contact the lawyers of the CenterSoveta portal for help and get an answer in 15 minutes.
Payments in a fixed amount are assigned in the following situations:
In each of these situations, the court will ask the question of the appointment of alimony in a fixed amount.. In addition, as an exception, the court will consider the option of “solid” alimony if, with payments as a share of the payer’s earnings, the financial situation of the child’s family worsens.
We talked about the procedure for assigning alimony in a fixed amount of money.
Who can apply for them?
There are certain categories of persons who are appointed regardless of the income of the payer. These categories include:
- Adult disabled children.
- A pregnant mother who is raising a payer child until the child is three years old.
- Disabled needy parents.
How to collect?
The procedure for recovering alimony funds for children in a fixed amount is relatively simple and practically does not differ from the recovery of other types of alimony. So how do you get paid? The collection process can be divided into several stages.
Determine the address of the territorial judicial authority
You need to figure out which court to take.. It is filed with the Magistrate's Court either at the place of residence of the plaintiff or at the place of residence of the defendant. It is necessary to decide on this moment and find out the full address and name of the chosen court.
We check the available data on the income of the defendant
Since payments in a fixed amount are assigned only in certain situations, depending on the earnings of the defendant (with the exception of the categories of citizens described above), it is necessary to be at least a little aware of the income of the future alimony. Otherwise, the court may simply appoint alimony as a percentage of earnings.
We prepare the application and the accompanying documentation package
The first part of the claim, the header, should contain the following information:
- Name and address of the court.
- Information about the plaintiff (full name, address, phone number and other contact information).
- Information about the defendant.
The main body of the application contains the following information:
- Who will receive the lump sum payments?
- Reasons for collecting child support.
- Justification of the amount of payments ( fixed amount).
Next, the very requirement of the claim should be stated - the appointment of regular alimony payments in favor of a certain person in the following fixed amount. Also here, if necessary, you need to specify the call of witnesses. At the end, a list of documents attached to the claim is described..
The following must be attached:
- Copy of applicant's passport.
- Copies of certificates: about the birth of a child, about marriage or about divorce.
- Receipts that confirm the plaintiff's expenses for the child (also copies).
- Plaintiff's income statement.
The application and attached documents must be made in at least two or three copies. Two sets are sent to the court and the defendant, and the third remains with the plaintiff.
Learn more about the rules for filing a claim for alimony in hard copy. monetary currency we talk in .
court hearing
After the justice of the peace accepts the statement of claim, he will set the date and time of the hearing, during which it will be established whether the requirements for the appointment of alimony in a fixed amount are reasonable.
If there are not enough grounds for this, the judge will decide either to deny the plaintiff his claims, or to assign payments in shares of the defendant's earnings.
During the meeting, the plaintiff will have to prove the legitimacy of his claim.. The defendant will have to explain his failure to fulfill his parental obligations and provide evidence of his income and financial situation in general.
IMPORTANT: After the decision of the court, each of the parties is given one month to appeal it. After the expiration of this period, the decision will enter into force and be executed.
Issuance of an order
Court order, in accordance with Art. 122 of the Code of Civil Procedure is issued on the basis of an application for alimony for a minor child. Based on Article 126 of the Code of Civil Procedure, a court order may be issued by a justice of the peace without holding a court hearing and calling the parties, if they do not have disagreements among themselves on this issue. As a result on the basis of a court order and will be collected monthly in a fixed amount(you will learn how the amount of payments in a fixed amount of money is calculated).
Article 126 Code of Civil Procedure of the Russian Federation. The procedure for issuing a court order
- A court order on the merits of the stated claim shall be issued within five days from the date of receipt of the application for issuing a court order to the court.
- A court order is issued without trial and without summoning the parties to hear their explanations.
But it is worth paying attention: if the defendant lives abroad, then a court order will not be issued.
What does it take to challenge a ruling?
In most cases, claims for the appointment of payments in a fixed amount are satisfied without any problems. Of course, there are exceptions. But most defendants who get their way have to resort to contesting child support after the court hearing.
And in order to challenge payments in a fixed amount, you must also file legal action . The challenge is usually supported by one of two types of evidence: evidence of incorrect data provided by the child support recipient, and evidence of certain circumstances that suggest the reduction or cancellation of the child support.
revision process
To review payments in a fixed amount, the evidence must be strong so that the court decides in favor of the payer. Good reasons are:
- Loss of ability to work.
- Dismissal or reduction at work.
- Decrease in income and worsening financial situation.
- Obtaining a disability as a result of an accident or illness.
- Reaching retirement age.
- The appearance of another family where the payer had a child or children.
The reasons are stated in the statement of claim.
And how to receive simultaneously in TDS and shares?
Alimony cases can be quite complex.. It may be difficult for the court to assign payments in a certain way so as not to materially prejudice the interests of one of the parties. Therefore, alimony can be collected simultaneously in a fixed amount and in shares of earnings (clause 1, article 83 of the RF IC).
The situations for assigning such mixed payments are as follows:
- The alimony has a non-permanent source of income, for example, royalties from creative activities, or renting out real estate.
- In addition to stable income (such as benefits or pensions), there is an informal source of income.
- The payer receives income in foreign currency or in kind.
On the one hand, these situations are conducive to the appointment of payments in a fixed amount, but this may violate the interests of the plaintiff or defendant. Therefore, a compromise is made.
There are also cases when, in the process of establishing shared alimony, or after it, information about an additional, previously unknown source of income of the alimony payer is revealed.
In such a case, the court may add an additional fixed amount to the child support share based on known sources of income to ensure that the child support is equitable. Also, the court can change alimony to a mixed form at the request of the recipient.
ATTENTION: Such alimony can be established not only by a court decision. If the parents came to this opinion mutually, then they can draw up a voluntary notarial agreement on alimony, where they indicate exactly this method of calculating payments.
Useful video
Watch a video about the features of collecting alimony in a fixed amount of money:
Conclusion
A flat-rate alimony is one of the most popular alternatives to regular alimony, calculated from a share of the payer's income. They are appointed in case of inconstancy of the alimony income, when it is impossible to take a percentage of them (with foreign currency) or when the payer is simply unemployed.
Sometimes it is the category of the recipient that disposes to alimony in a fixed amount. The collection process itself does not differ from that for other types of alimony - the only difference will be in the requirement to the court. Accordingly, these payments can also be challenged with a counterclaim.
Under certain circumstances, instead of a fixed amount of alimony, the court may resort to mixed alimony if the usual option would violate the interests of the parties.
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The court may establish alimony not only as a percentage of all income received by the defendant, but also alimony in a fixed amount of money. This method of assigning payments for the maintenance of children determines, and for the provision of spouses -. We will try to investigate in detail all the issues related to the establishment of this type of alimony.
Cases of assigning alimony in a fixed amount of money
Important! It should be borne in mind that:
- Each case is unique and individual.
- Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.
To get the most detailed advice on your issue, you just need to choose any of the proposed options:
All cases are provided by law. These include the following:
- appointed to provide for children;
- when the parent does not have an official place of employment;
- when a parent receives an unstable income, for example, paying salaries in different amounts every month;
- when the profit received by the father or mother is expressed in kind;
- when the defendant has income in foreign currency, in dollars, for example;
- when determining the amount of alimony as a percentage is difficult;
- when the establishment of the amount of alimony as a percentage significantly violates the interests of the child, i.e. the amount received in the calculation as a percentage is negligible;
- appointed for the maintenance of spouses, as well as former spouses in a number of cases provided for by law;
- assigned to disabled children who have reached the age of majority and need to be provided financial assistance.
It should also be noted that when alimony is established through the execution of a voluntary agreement by the parents, a fixed monetary amount of payments can be assigned by them without these circumstances.
To provide for children
For children, alimony in a fixed amount of money is assigned in the same way as when determining payments as a percentage of income, when confirming in court the fact that the baby is in need, submitting documents on the financial situation of the parent-plaintiff and the parent-respondent.
Mandatory conditions for the payment of alimony in the form of a fixed amount of money:
Only if all of the above conditions are met, the court has the right to assign payments for the maintenance of children in the form of a specific amount of money.
To support spouses
Article 89 of the Law establishes the cases when it is possible to collect alimony to support one's wife or husband. These include the following:
- wife's pregnancy;
- caring for a joint child by his wife before he is three years old;
- disability of a husband or wife, as well as the need to care for them and provide financial assistance;
- husband or wife caring for a joint disabled child.
The law does not provide for the collection of alimony in these situations as a percentage of income. Payments are always under a number of such circumstances determined by the court in the form of a fixed amount in money equivalent. The size is determined in each situation individually, taking into account the degree of satisfaction of the needs of the recipient.
For former spouses
You can collect alimony not only for current spouses, but also for former ones. This can be done in a number of cases:
- during the pregnancy of the ex-wife;
- when an ex-wife or husband cares for a joint child before the age of three;
- when an ex-wife or husband cares for a joint disabled child before he comes of age;
- in case of incapacity for work of the ex-husband or wife, which managed to occur during the stay in the marriage union or within one year after the official break in family relations;
- if the pensioner spouse is in need, if 5 years have not passed after the dissolution of the marriage union.
The list of reasons is exhaustive. The law allows establishing alimony in a fixed amount of money for former spouses, not only in the order of filing a lawsuit in court, but also by filing mutual agreement.
Pros and cons
Establishing alimony in the form of a fixed amount of money has both its advantages and disadvantages. Let's start with the positives.
The advantage, of course, is the possibility of collecting alimony, significantly exceeding the amount of payments assigned as a percentage. The establishment of a fixed amount of money as alimony provides the child with the usual level of life, guarantees the full satisfaction of the needs that were realized before filing a lawsuit in court.
It is also positive that the demand for payments in the form of a fixed amount of money is the only way to collect obligations from unemployed parents. The percentage of income cannot be calculated due to the defendant's lack of work.
Now for the disadvantages. Collecting alimony in the form of a fixed amount of money is a rather lengthy and complicated legal process. The standard list of documents sent with a claim to the court is supplemented by a list monthly expenses for the maintenance of the baby.
The standard of living of people is changing every year: prices are rising, the cost of living is changing. To resize established by the court a fixed monetary amount of payments, various services need to perform a number of additional manipulations. So, the bailiff must make a decision about this, the defendant's employer must constantly monitor the change in the level of the subsistence minimum and make deductions in accordance with the new indicators.
Size - how to calculate?
In family law regarding the appointment of the amount of alimony in the form cash payments no limits have been set. Practice in such cases shows that when resolving the issue, judges more often resort to focusing on indicators of the child's subsistence minimum in a particular subject. An important rule when determining the amount of material assistance is that the assigned amount should not be less than that which would be established as a percentage.
- Food;
- means of children's hygiene;
- clothing and footwear;
- toys and educational games.
In addition to the main costs, there are also additional costs, as well as those arising under a number of circumstances:
- purchase of medicines;
- payment for sessions of medical therapy: massage, swimming, warming up, physical therapy, etc.;
- payment for a voucher to a sanatorium, in which the child needs rest according to medical recommendations;
- entertainment costs: going to the park, cinema, zoo, all kinds of paid attractions, etc.;
- purchase of household items: children's furniture, bedding.
In the list of expenses for a child who without fail attached to the statement of claim, absolutely all expenses incurred regularly must be indicated. The total amount of monthly expenses will be the final amount of child support required in court.
It is important for the plaintiff to know that the required amount of alimony cannot exceed the amount of expenses incurred for the maintenance of children. Otherwise, the amount recovered will be unreasonable, and the court will most likely reduce the required amount of payments.
How to collect?
- by entering into a mutual agreement with the defendant;
- by filing a claim with the court.
If the spouse does not waive the obligation to support his child or wife, then you can draw up an agreement on this. Such a document requires mandatory certification in the notary chamber. The agreement contains the following attributes:
- date and place of registration;
- information about the parties: full name, date of birth, passport data, information about registration and actual residence;
- information about the child in whose interests the document is drawn up: full name, date of birth, details of the birth document;
- the amount of alimony;
- regularity of payments;
- terms;
- banking details of the parent-recipient;
- circumstances that serve as the basis for termination of payment;
- force majeure circumstances.
The agreement is drawn up in two copies for each of the parties. Failure to comply with the terms of the agreement entails liability ().
When it is not possible to agree with the second parent regarding the provision of financial assistance, there is nothing left but to send a statement of claim to the court. The claim is filed at the place of residence of the respondent parent in accordance with Article 28 of the Code of Civil Procedure. If there are minor children in the care of the plaintiff and it is problematic to get to the defendant's court site, then you can file a lawsuit at your place of residence.
The following points are reflected in the statement of claim:
- name of the court district;
- information about the applicant;
- information about the defendant;
- descriptive part: the defendant's refusal to voluntarily help financially, the financial situation of the parties, the place of residence of the child, the degree of his need, circumstances precluding the possibility of assigning alimony as a percentage;
- pleading part: the demand for payments in a fixed amount of money.
Attached are the following documents:
- a copy of the applicant's passport;
- a copy of the child's birth document;
- a copy of the marriage or divorce document;
- certificate of the place of residence of the child;
- certificate of earnings of the plaintiff;
- certificate of the defendant's earnings (in case of employment);
- copy work book the defendant, the last entry in which is a record of dismissal (in the event of a lack of work);
- list of monthly expenses for a child.
The term for consideration of the case is up to one month. The decision made is sent to the bailiffs for the formation writ of execution. If the defendant is officially employed, then the sheet for execution is sent to his employer. If he does not have a job, then the document is handed over to him personally.
Indexing
What if the court sets a specific amount of payments for the maintenance of children, and the standard of living is constantly changing, the prices for goods and services are growing every year? To solve this problem, the legislator provided for the possibility of indexing alimony. The procedure is provided for in article 117 of the Family Code.
The meaning of indexation is to change the amount of alimony based on the growth of the subsistence minimum in a particular region. In the order of indexation, payments can only be changed upwards. Living wage indicators change quarterly. If the subsistence minimum within the region is not established, then the general level operating in the country.
Indexing can be done:
- bailiffs-performers, issuing an appropriate decision on this;
- defendant's employers withholding child support by issuing an order to do so.
Let's give an example of indexing. Citizen T. was assigned child support in the amount of 1.5 subsistence minimums by the court. At the time of the court decision, the figure was 8,000 rubles per child, respectively, the mother was paid 12,000 rubles. Three years later, the cost of living rose to 10,000 rubles. Let's calculate the amount of payments after the indexation by the following formula: DPM/NPM×SVA, where
- DPM - current subsistence level;
- NPM - the initial subsistence minimum (in force at the time of the award of alimony);
- SVA - the amount of alimony paid;
- KS - the final amount of alimony after indexation.
We get the following: 10,000/8,000 × 12,000 \u003d 15,000. After indexing, the amount of alimony will be 15,000 rubles.
Is it possible to change the amount of alimony in the form of a fixed amount of money?
The amount of child support ordered by the court can be increased or decreased. He speaks about it. You can do this in two ways:
- if alimony is established by agreement, then by amending the main document;
- if the alimony is collected through the court, then the amount can only be changed through the court.
The initiative to change the usual amount of payments can be made by any party, both the mother-recipient and the father-payer.
Circumstances under which the payer may reduce the amount of alimony:
- serious illness, disability;
- decrease in earnings;
- the birth of new children, whom he must also provide;
- the emancipation of the child and his provision for himself.
Circumstances under which the beneficiary may increase the amount of assistance:
- job loss;
- decrease in earnings;
- a serious illness of the claimant or a child, requiring monthly financial investments;
- rising prices for food and basic necessities.
The court takes into account all the documents provided, evaluates the circumstances, and then decides whether to reduce (increase) the amount of payments or leave it the same.
Thus, the collection of alimony in the form of a fixed amount of money is quite complicated in legal aspect process that requires special attention and extra time. Knowing the principles of alimony and the nuances of such cases, it becomes possible for the plaintiff to recover a specific amount on himself or on the child, much more than a percentage of the defendant's earnings.
Lawyer of the Board of Legal Protection. He specializes in dealing with cases related to divorce proceedings and the payment of alimony. Preparation of documents, incl. assistance in drafting marriage contracts, claims for the recovery of penalties, etc. More than 5 years of legal practice.
One of the ways to collect alimony is to determine them in solid monetary terms. The calculation of such alimony and their payment is made depending on the size of the established subsistence minimum for the child. It is produced in the manner and manner established requirements Russian family law.
The specifics of determining alimony in hard monetary terms include the fact that when determining them, the amount of the payer's income is not taken into account. Alimony payments directly depend on the size of the subsistence minimum, which is set in the specific region of Russia where the alimony claimant lives.
A fixed amount of alimony can be determined when we are talking on the provision of a disabled child who has reached the age of majority, the maintenance of a mother who takes care of a child under 3 years old, as well as on the maintenance of one of the parents caring for a disabled child.
Determination of maintenance obligations in a fixed amount for one of the parents is carried out by filing stakeholder statement of claim to the justice of the peace and its consideration in civil proceedings.
The procedure for accruing alimony in fixed monetary terms
For a judge to determine alimony in a fixed amount of money, certain circumstances must be present. In accordance with the provisions of Article 83 of the RF IC, alimony in a fixed amount of money can be established on the basis of a maintenance agreement concluded between the parents, as well as in cases where:
- The payer has an irregular income.
- Not officially employed.
- Income is received in kind, as well as partially or completely in foreign currency.
- If the alimony, established as a percentage of the payer's income, does not allow for the normal maintenance of the child.
The court may also take into account other significant circumstances.
To issue alimony in solid monetary terms for the maintenance of a child who has reached the age of majority, it is necessary:
- recognition of the child as disabled;
- the presence of facts and circumstances proving the need for the care and maintenance of the child at the expense of alimony (calculation and justification);
- lack of formal employment.
When considering a claim in a civil proceeding to establish solid alimony the above circumstances must be supported by admissible evidence.
Establishment of maintenance obligations in a lawsuit occurs when there is no maintenance agreement concluded between the parents, and also when one of the parents refuses or evades maintenance from the child.
Definition in judicial order alimony in a fixed amount for the maintenance of one of the parents is possible if:
- spouse, regardless of the factor of registration of marital relations, is pregnant or takes care of a child under 3 years of age;
- one of the parents needs his maintenance, while caring for a joint disabled child.
Determining the amount of alimony for a fixed amount of money
The procedure and amount for determining maintenance obligations in solid monetary terms is prescribed in the provisions of Article 83 and 117 of the Russian IC. Based on the requirements of these regulations, the amount of alimony in a fixed amount is determined based on fixed size the subsistence minimum in a specific region of Russia in which the claimant lives.
When setting alimony in a fixed amount, the court must proceed from the need to ensure the normal development of the child, as well as from financial position parties to the relationship and other circumstances essential for resolving the dispute.
Alimony in fixed monetary terms must be paid by the obligated person on a monthly basis, in the amount that, after studying the legal position of the procedural parties, is established by the court.
As a rule, written evidence submitted to the court, confirming the legal position of one of the procedural parties, is taken as the basis for the court to make a decision regarding the establishment of the amount of alimony in a fixed amount.
To consider the statement of claim, the plaintiff must first of all provide the court with a calculation of the amount of alimony and a detailed justification of the amount necessary to support the child.
Often, alimony payers provide the court with documents confirming their lack of income in order to reduce the amount of alimony. In the event that the plaintiff cannot refute the information provided in court or fails to provide information about any undeclared types of income of the defendant, the court appoints the minimum possible amount of alimony.
Based on this, in order to establish the amount of alimony in a fixed amount, any information indicating the presence or absence of income from the alimony payer is important. In addition to this, in judicial practice the financial and marital status of both procedural parties to the dispute are taken into account. As well as other facts and significant circumstances that are important for making a decision on the case.
Positive and negative aspects of alimony in a fixed amount
The positive aspects of collecting alimony in a fixed amount include the possibility of receiving amounts for the maintenance of the child, which will be more than alimony, which would be determined as a percentage of the payer's income. However, when formulating claims for the recovery of alimony in this form, the plaintiff needs to make sure that all the facts and circumstances, as well as the income that the defendant has in the case, make it possible to obtain as a result the amount of alimony that will be more acceptable to the plaintiff, and also be able to provide better maintenance of the child than child support calculated as a share of income.
One of the disadvantages of collecting alimony in a fixed amount is the complexity of the process and the need to prove the specific amount of alimony.
Since the demand for alimony in a fixed amount cannot be established in writ proceedings (on an application for a court order), but is carried out by filing a statement of claim, as a rule, such a process takes a long period of time and requires the provision a large number evidence.
Settlement of alimony in a fixed amount
The process of collecting alimony in a fixed amount of money, accompanied by the filing required package documents to the courts:
- passport for applicants (copy);
- birth certificate of children or child (copy);
- certificate of registration or divorce (copy);
- calculation of the required amount of alimony;
- legal and financial substantiation of expenses for the maintenance of children (children).
When preparing and submitting an application for issuing a court order for the recovery of child support, as well as the specified package of documents, the applicant has the right to choose a court, in accordance with the norms of the Code of Civil Procedure of the Russian Federation, which allow applying the rules of alternative jurisdiction.
Important. P When preparing a claim for alimony in a fixed amount of money, it is necessary to attach to it not only documentary evidence of the applicant's sources of income, but also describe them in detail in the content of the statement of claim.
The result of the consideration of the claim filed by the applicant for the recovery of child support is the issuance of a decision by the court, which establishes the amount of alimony in a fixed amount. The received document is the basis for its submission bailiffs who are engaged in the recovery of alimony from payers.
