How to file for child support. Alimony in a fixed amount of money: judicial practice

Fulfillment of maintenance obligations is possible in several ways. For the recipient, the main thing is that the debtor transfers the financial support for a minor child in a timely manner and in full. Some former spouses come to the conclusion that alimony in a fixed amount of money is the best option. What is this technique? Why has it become so widespread? What are the advantages of this method?

To arrange the payment of alimony in a fixed amount of money, you need to collect a package of documents and apply to the Magistrate's Court. Only this instance has the right to consider such cases. The amount is determined based on the current living wage. In 2020, the minimum wage in Russia is 11280 rubles (). The procedure for the actions of a judge is regulated by the Family Code of the Russian Federation.

Alimony in a fixed amount of money is assigned not only to support children who have not reached the age of majority. Such payments are provided for the maintenance of the second parent, who has assumed the responsibility for raising the baby up to three years. To obtain child support, you must file a lawsuit and apply to the world court.

Number of common minor children:	1 2 3 or more
Second parent salary:	rub. Error
Subtract income tax from salary:	Yes No
Other income of the second parent:	rub. Error

A feature of alimony in a fixed amount of money is that the amount of the payment does not depend on the salary and other incomes of the payer. Financial support is calculated as a multiple of the subsistence minimum. In situations where this indicator is not set, the judicial authorities take into account the data provided by the Russian Government.

Conditions for accrual of payments in solid form

The court, having considered the case on the recovery of alimony from the defendant, can appoint payments in a fixed amount only if several conditions are met. The main thing is the absence between the former spouses of a notarized agreement on the provision of financial assistance in favor of the child. In addition to this condition, it is necessary that the person to whom the penalty applies correspond to one of the following parameters:

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

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

Any of these factors is a reason to apply to the court for the appointment of alimony in a fixed amount of money. If the current situation does not fall under the marked positions, then payments are assigned in shares of wages.

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

Also, fixed alimony can be assigned to an ex-pregnant wife or a woman who is raising a child who has not reached the age of three. Another option for assigning alimony in a solid form is that the former spouse is recognized as in need of maintenance.

The amount of cash payments

Advantages

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

Useful video: the amount of alimony in a fixed amount of money

Flaws

Alimony in a fixed amount of money is not without its drawbacks. The main difficulty is the complexity and intricacy of the process, as a result of which the court sets a fixed amount of monetary payment. In addition, the lawsuit takes a long time. If the plaintiff is ready to endure all the difficulties and temporary losses, then this option can be used.

Design rules

To issue alimony in fixed monetary terms, it is necessary to collect and provide a certain set of documents. The documentation, together with the statement of claim, which is drawn up in accordance with the current rules, should be transferred to the Magistrate's Court. To open a business you will need:

a copy of the passport and birth certificate of the child;
certificate confirming the place of residence of the defendant;
marriage certificate and a document on the dissolution of the union (copies);
calculation of the amount of alimony claimed by the plaintiff;
substantiation of expenses for the maintenance of a minor.

Only the plaintiff determines where the judge will consider the case (at the place of residence of the alimony claimant or at the place of residence of the defendant). When making a claim, you must provide this information. The claim must contain data, documented, about the sources of income of the defendant.

Download a sample statement of claim for the recovery of alimony in a fixed amount:

Arbitrage practice

The judicial practice of collecting alimony in a fixed amount of money indicates that in 2020 such payments are entitled to receive:

Minor children.
Disabled adults.
A parent raising a child with a disability.
Pregnant woman.
A spouse who takes care of the upbringing and maintenance of the child.
A parent who became disabled and disabled within 1 year of a divorce.

Recently, the number of such court cases has increased, as in 2020 the number of unemployed people and people hiding their real income has increased.

Conclusion

Having finished consideration of the case, the judge determines the amount of the penalty, which is indicated in the relevant decision. Only this document is the basis for issuing a writ of execution - a document that is subsequently transferred to the bailiff service. On its basis, specialists organize the process of collecting alimony from the payer.

Receiving alimony in a solid form is beneficial to those parents in whose care there are children who have not reached the age of majority, who understand that the payer is hiding his real monthly income. If he can be obliged to transfer a specific amount of money, then it is better to choose this option when applying to the court. Moreover, subsequently the size can be adjusted in the direction of increasing or decreasing.

Obviously, this option is not suitable for all recipients of alimony payments. Before going to court, everything should be weighed and analyzed. If possible, it is best to seek the advice of an experienced family law professional. In this case, errors are excluded. The plaintiff must understand that the well-being of the joint child depends on alimony and their timely receipt.

Many mothers who are forced to support and raise their children alone have faced the dishonesty of their ex-husbands more than once. Most often, former spouses try to hide information about their income. In such a situation, mothers either have to be content with meager payments for the maintenance of their children, or request alimony in a fixed amount of money. Judicial practice shows that fixed payments are assigned not only for the maintenance of children under the age of majority, but also for spouses, as well as elderly parents.

What does the law say?

In the statement of claim, the plaintiff must indicate all the circumstances that prompted her to demand a fixed amount of alimony from the defendant. In addition, the application should indicate the data of the children and the legal grounds for the appointment of alimony.

What documents need to be prepared by the plaintiff in court?

In addition to the statement of claim, the plaintiff must bring the following documents to the courtroom:

Document on the conclusion or termination of marriage.
A copy of the petitioner's passport along with information about her place of residence.
Documents on the birth of the child (children). In the event that the plaintiff does not have the original of this document, then she can take its duplicate from the registry office.
A copy of the claim.

It is worth noting that the plaintiff will not be required to provide a check for support. Usually, the state fee is charged when filing a statement of claim, however, according to the article of the Tax Code of the Russian Federation, the state fee is not charged from the plaintiff when applying for alimony.

According to the law, the judge is given 5 working days to issue a ruling on the statement of claim and start court proceedings. In the event that the statement of claim is drawn up incorrectly or is not justified, the judge will also within 5 days decide to refuse to proceed or to leave the claim without further movement.

We provide evidence

After accepting the statement of claim, the judge sets a date for the trial. To ensure the appearance of all participants in the trial, the secretary sends court summonses to everyone by mail, and a copy of the statement of claim is also sent to the defendant.

During the court session, both parties to the trial must substantiate their claims or objections. To do this, they need to prove:

The required amount for the maintenance of the child. For this purpose, it is better for the plaintiff to collect all checks from stores confirming the purchase of food and things for the child, as well as receipts for utility bills.
Defendant's average monthly income. Many defendants hide their official income, so it is better for the plaintiff to take care of the evidence herself.

Both parents must provide for their child equally - this is what the Family Code says. Alimony collected from the defendant must not exceed 50% of all expenses for the maintenance of the child.

How to determine payments in a fixed amount of money?

The amount of monthly payments for the maintenance of a child, spouse or elderly people directly depends on the subsistence level. The higher the subsistence level in the region of the child's stay, the more the judge will be able to assign payments. In the event that a minimum is not established in the region, the judge has the right to assign payments based on the subsistence minimum in the country. The subsistence minimum allows you to determine only the minimum amount of cash payments. However, in each case, the judge has the right to determine the amount of payments for the maintenance of the child.

It is worth noting that for each minor child from the family, its own amount of alimony is assigned. The established amount of alimony should not lead to a significant deterioration in the living conditions of children, because the court must first of all take into account the interests of minors.

Pros and cons of fixed child support

pros

The appointment of alimony of a certain amount allows the plaintiff to receive payments on a monthly basis, regardless of the income and credit obligations of the defendant. In addition, the defendant may have several unofficial sources of income, and the maintenance payments in the share relation apply only to the official income of the defendant.

Flaws

The main disadvantage of such payments is that in order to assign them, the plaintiff must prove the solvency of the defendant. In addition, the litigation process can be quite lengthy, because the judge must consider the evidence of both parties to make a final decision on payments.

How will we recover from the defendant?

In order for the payments ordered by the court to begin to arrive on the settlement account of the plaintiff, the following must be done:

First you need to come to the courthouse and get a writ of execution in the office.
By contacting the Federal Bailiff Service, the plaintiff must write an application to initiate enforcement proceedings. Proceedings will be started by bailiffs only on the basis of a writ of execution.
The bailiffs will collect money in favor of the plaintiff, based on the decision of the court. After completion of the enforcement proceedings, the plaintiff will receive monthly alimony in a fixed amount of money.

Judicial practice shows that bailiffs most often appoint payments from such sources of income as salary, income from the activities of individual entrepreneurs, fees or existing bank accounts.

Payout indexation

It's no secret that every year our lives become more expensive, and money depreciates. The legislation of the Russian Federation tried to protect minor children receiving payments in a fixed amount, and provided for Indexation of payments does not mean an increase in the amount of alimony. The indexation itself only means that with an increase in the subsistence minimum, the amount of alimony will increase in direct proportion. The indexation process should be monitored by both the bailiff and the accountant of the organization in which the defendant works.

As practice shows, the process of assigning alimony in a strictly fixed amount is not uncommon. Many are afraid to file a lawsuit and demand the appointment of alimony, considering this process unreasonable and lengthy. However, the game is worth the candle, because with a positive decision of the judge, the child will be provided for up to 18 years.

It often happens that child support payments do not cover the cost of maintaining a child. Especially if . A solution to this problem may be the collection of a fixed amount of alimony.

Alimony in hard cash- an alternative way to determine the amount of maintenance payments. Unlike the general method (which defines alimony as a share of earnings), this method determines alimony in multiples of the subsistence level.

Alimony in a fixed amount can be collected subject to certain conditions.

Conditions and grounds for collecting alimony in a fixed amount

Alimony in a fixed amount is collected by the court, provided that there is no maintenance agreement between the parents, and the paying parent ...

has a non-permanent income;
has no official income;
fully or partially receives remuneration in kind or in foreign currency;

… or if collecting child support as a share of earnings violates the rights of the child or paying parent.

Agreement on alimony in a fixed amount of money

Parents themselves can also agree on the payment of alimony in a fixed amount, without a court. In writing, which they will draw up, by mutual agreement, a fixed amount of alimony, subject to monthly payment, will be determined. The main condition is that this amount should not be less than that which the court would have determined when filing a claim.

How to file alimony in a fixed amount of money and collect?

The process of collecting alimony in a fixed amount of money is carried out only through the court.

State duty on alimony

How to calculate child support in a fixed amount of money

The court, having considered the claims of the plaintiff and the objections of the defendant, having studied the materials of the case, having analyzed the usual standard of living of the child, the financial and marital status of the child's parents, makes a decision - establishes alimony in a fixed amount.

The calculation of the amount of alimony is made on the basis of the subsistence minimum (PP) approved by the Government of the Russian Federation in a particular region of residence. This takes into account the place of residence of the child, and not the payer of alimony.

If there is no living wage in a particular region, a fixed amount of child support will be determined based on the cost of living in the whole country.

In some cases, the court may establish a combined method for determining the amount of alimony. For example, if the payer has a main job with a regular salary and additional, non-permanent income, the court may oblige him to pay a share of permanent earnings and a fixed amount of money (for example, 0.5 living wage) from additional earnings.

The amount of a fixed amount of alimony in 2020

As mentioned above, alimony in a fixed amount of money is determined multiple of the living wage(at the beginning of 2020 it amounted to 11,012 rubles) - nationwide or installed in a specific region of the country.

But multiple doesn't mean equal. A fixed monetary amount of alimony can be either 2 or 1/10 of the subsistence level.

How to dispute child support in a fixed amount of money

In order to challenge the court's decision to establish alimony in a fixed amount of money, it is necessary in which to provide the court with evidence that the plaintiff provided false information or presented false documents.

Changing the amount of alimony

The amount of maintenance payments may be revised upwards or downwards at the initiative of the payer or recipient of maintenance. The reason for this may be a change in financial or marital status.

An increase or decrease in the fixed amount of alimony is carried out in a judicial proceeding. Neither the alimony payer himself, nor the accountant of the enterprise at the payer's place of work, have the right to independently stop payments or change the amount of payments without a corresponding court decision.

To change the amount of alimony established by the court, there must be good reason- changes in the financial or marital status of the payer or recipient. The financial situation may worsen or improve, and changes in marital status may change due to the appearance of dependents (birth of children, disability and neediness of parents).

How to reduce alimony in a fixed amount of money?

For example, it is possible to reduce the amount of alimony in the event of such changes in the financial and marital status of the payer or recipient of alimony ...

disability of the payer (I or II group);
extremely low earnings of the payer;
whether the payer has other dependents (for example, elderly parents);
the payer has other children who are also paid alimony;
the child reaches the age of 16 and the satisfaction of his material needs from his own income;
the presence of the child's own property that generates income;
stay of the child in the state.

How to increase the amount of alimony in a fixed amount?

Just as at the request of one of the parents (usually the alimony payer) the amount of alimony can be reduced by the court, the opposite is also possible - (most likely, the alimony recipient). Changes in family and financial circumstances can also serve as the basis for an increase.

It is difficult to imagine such a situation, but theoretically a father can apply for an increase in the amount of alimony when his income increases. It is more likely that the mother of the child will demand an increase in alimony, for example, due to a decrease in her income.

So, grounds for increasing the amount of alimony may be:

a significant decrease in the income of the alimony recipient (for example, due to a decrease in wages);
loss of work by the recipient of alimony (for example, due to staff reduction);
a noticeable increase in the prices of basic consumer goods, while the wages of the alimony recipient remain unchanged;
illness of the alimony recipient, as a result of which significant funds are required for examination, treatment and rehabilitation, and there are not enough funds to support the child;
the appearance of dependents by the recipient of alimony (for example, in connection with the birth of a child, the need to care for elderly or sick parents);
death of a person who provided financial assistance to the recipient of alimony (parent, spouse).

How to apply for a change in the amount of alimony?

Since unauthorized changes in the amount of alimony are not allowed, there are two ways to increase or decrease the amount of alimony payments:

If the amount of alimony is determined by agreement, you need to make the appropriate changes to this document. Changes to the agreement must be made voluntarily and jointly, with mandatory notarization.
If the amount of alimony is determined by the court only the court can change it. Therefore, you need to go to court with a new statement of claim to review the amount of alimony. In the statement of claim, it is necessary to indicate the grounds for reducing or increasing payments, provide weighty evidence of this. Samples can be found in the articles "" or "".

When changing the amount of alimony in the direction of decreasing or increasing, the needs and abilities of both parents must be taken into account. So, with an increase in the amount of payments, the alimony payer should not be left completely without a livelihood. And with a decrease, the child should not be deprived of the necessary material benefits.

Alimony indexation

Alimony recipients often complain that the fixed amount established by the court or agreement is “eaten up by inflation”. To prevent this from happening, the law provides for another way to increase the amount of alimony -.

Indexation is an increase in a fixed amount of alimony based on an increase in the living wage. The subsistence minimum is determined quarterly - at the federal or regional level. Therefore, alimony is also indexed quarterly.

Alimony is indexed (recalculated) by the bailiff or the employer of the payer. The following formula is used to index child support:

The amount of alimony in a fixed amount of money

The amount of the subsistence minimum at the time of the court decision and the determination of the amount of alimony in a fixed amount of money

The amount of alimony as a result of indexation

An example of indexation of alimony in a fixed amount of money

To understand how the indexation of alimony is carried out, you can use an example.

Citizen Torsunova applied to the court for alimony for a common minor child from her ex-husband. The court determined the collection of alimony in a fixed amount of money, a multiple of the subsistence minimum - in the amount of 1.5 subsistence minimums.

In this case, the indexation of alimony will be carried out according to the following formula:

The amount of alimony in a fixed amount of money as a result of indexation

The subsistence minimum at the time of indexation

Multiplicity established by the court

Thus, the amount of maintenance payments in the first quarter of 2019year was calculated as follows:

10,753 x 1.5 = 16,129 rubles

In the third quarter of 2019 (relevant at the beginning of 2020) by Order of the Ministry of Labor of Russia No. 738n the subsistence minimum was increased to 11,012 rubles, in connection with which the indexation of alimony was carried out:

11,012 rubles x 1.5 = 16,518 rubles.

Arbitrage practice

Let's see how this happens in practice.

Example:

Citizen Andrushchenko filed a lawsuit against citizen Ivanov to recover child support in a fixed sum of money.
In the statement of claim, she indicated that after the dissolution of the marriage, the common son lives with her, since Ivanov often changes jobs. Previously, he received a salary of 10,000 rubles and voluntarily paid alimony of at least 2,500 rubles. At the moment, Ivanov receives low wages - only 5,000 rubles, does not pay alimony. Recovery of alimony in the form of a share of this earnings will significantly violate the interests of the child.

The court considered noteworthy the argument that the recovery of alimony in the form of a share of Ivanov's earnings would significantly violate the interests of the child. According to paragraph 1 of Article 83 of the RF IC, the court has the right to establish monthly maintenance payments in a fixed amount of money if another method of collection violates the rights of the child. In addition, the court took into account the recommendations of the Supreme Court of the Russian Federation, according to which, when determining a fixed amount of alimony, the child should, if possible, maintain the previous level of material support. The court took into account the material and family circumstances of the child's parents, Andrushchenko and Ivanov.

The court found that the recovery of alimony in the form of a share of earnings would not only violate the rights of the child, but also significantly reduce the previous level of his material security. The court determined the amount of alimony in a fixed amount of money - ¼ of the subsistence minimum, which at the time of the decision amounted to 2648 rubles.

Advantages and disadvantages of "hard" alimony

Advantages collection of a fixed amount of alimony is obvious.

First, the alimony payer often hides his real income, pays alimony on the basis of minimum wage documents or "zero" declarations. A fixed amount of alimony is an opportunity to recover an amount corresponding to the real material capabilities of the payer.
Secondly, it is convenient in cases where it is impossible to determine the exact amount of wages, and therefore it is impossible to calculate the share of income.

Of course, there are also limitations this way. Firstly, if the percentage of indexation of a fixed amount of alimony is not established by the court, in a few years there will simply not be enough money to support the child. Secondly, there is no guarantee that the fixed amount set by the court will be higher than or higher than the subsistence level. Disadvantages include lengthy and complex litigation.

Let's summarize:

A flat-rate alimony is an alternative to a share of income.
Suitable if the payer receives unofficial income, is unemployed, has income in kind or foreign currency.
The amounts can be collected by agreement of the parents or in court. The first way is voluntary, when the mother and father themselves determine a fixed monthly amount of child support. The second way is forced, when the father evades paying them.
The calculation of alimony in a fixed amount is based on the cost of living in the region.
The amount of payments can be reduced or increased (at the request of the father or mother). One option is the indexation of alimony. It is applied in case of a change in the subsistence minimum in the region where the child lives.
To change the amount of "solid" alimony, you need good reasons.
The objective difficulty of collecting in this form is low payments, concealment of income, "zero" declarations, etc.

Having chosen alimony in a fixed amount of money, the recipients must remember that the calculations and recalculations fall on their shoulders. The payer will not follow the subsistence level, take into account the indexation, the cost of the child and other factors. It is the mother who monitors all the changes. Often there are difficulties with this. The father can hide income, file counterclaims, statements and appeals. In order not to deprive the child of a decent content, you need to be able to defend your legal rights. If you have any difficulties, ask our lawyers a question. Together we will find a way out of the situation, calculate alimony, take into account inflation and other risks. A free consultation will save you from a long search for information.

In Russia, there are two main forms of alimony collection: regular and fixed. Alimony in a fixed amount of money is an exclusive payment option in order to provide for the baby. The collection of alimony in a fixed amount of money is based on the indicators of the children's regional subsistence level. Average at the beginning of last year at the federal level it was 9776 rubles. In general, the entire procedure is determined by the norms of the RF IC.

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When are fixed payments used?

The key feature of fixed payments is that they are assigned only in extreme cases - in the absence of the possibility of making regular payments.

Besides, they are set in multiples of the regional subsistence minimum. Moreover, the SM indicator is taken into account for a separate social group in the region, namely children. If for some reason there is no such indicator in the subject of the Russian Federation, then federal norms are taken into account.

Fixed alimony is also assigned for the maintenance of adult, but disabled offspring, providing a spouse caring for joint children up to three years old.

Attention! To apply for fixed payments, you need to file a claim for recovery in the world court.

Conditions for calculating fixed alimony

In order for the judge to set a fixed amount of maintenance payments, certain conditions must be met.

It does not require any specific active actions from the applicant. It is enough to prove that the defendant cannot pay money for child support in the usual way.

For minors, according to Art. 83 of the RF IC, establish fixed payments in the absence of a notary agreement, and if the alimony:

has a dynamic, unstable, intermittent income;
receives income in kind or payment in foreign currency (in whole or in part);
not officially employed;
and also when maintenance payments in shares of earnings significantly violate the interests of the child or the 2nd parent.

Important! Any of the above may serve as a basis for the court to order fixed alimony for a minor. Otherwise, they are appointed in shares of the payer's earnings.

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Payments for an adult

To issue a fixed alimony for an adult offspring, it is required for the latter:

the presence of 18 years of age;
recognition of his disability;
confirmed need for external assistance;
lack of formal employment.

All this must be documented in court.

Attention! Any child support is prescribed if there is no notarized agreement on alimony between the parents, and the payer reliably evades his financial obligations.

Alimony to the spouse

Fixed alimony for the 2nd spouse (regardless of his status - married or divorced) is prescribed if:

the woman is pregnant or is raising a joint child under three years of age;
such spouse is found to be in need of support and cares for the joint disabled child up to 18 years old or disabled since childhood I gr. for life.

Content design

For Documentation required for alimony support:

a photocopy of an identity card;
a photocopy of the child's birth certificate;
a photocopy of the marriage certificate, the act of annulment of marriage;
address certificate for the defendant;
calculation of maintenance amounts;
documentary evidence of the existence or absence of real permanent income from the defendant;
supporting documents for maintenance costs.

All this is attached to the claim filed in the Magistrates' Court.

Advice! The plaintiff personally decides in which court he will apply. You can file it where the defendant or plaintiff lives.

At the end of the process, the court issues a ruling that determines the amount of penalties. After the entry into force of the court decision (if it is not appealed, then this happens after 1 month), a writ of execution is issued. The latter is transferred to the FSSP at the place of residence of the defendant.

After the bailiff initiates enforcement proceedings and takes appropriate procedural measures within it, the actual collection of funds will begin.

Amount of fixed alimony

There are several options for determining the amount of fixed alimony:

The volume is set as a multiple of the regional subsistence minimum.
In the absence of the cost of living - the size of the federal cost of living for children.
A combination option is possible: a combination of two forms of collection.

The court in any situation should try to keep the previous (preceding divorce, separation of spouses) level of child support to the maximum, therefore, the current marital and financial situation of the parties is taken into account. As well as the living conditions of a child in marriage or in the presence of the family both parents.

The judge determines the amount of monthly payments:

examining the materials of the case at the disposal of the court;
after listening to the oral and having studied the written positions of the parties.

In practice, documents confirming the instability or complete absence of the payer's income play an important role.

Important! The plaintiff, applying to the court, is obliged to provide a calculation of the amount of alimony, as well as justify the need to assign just such an amount. It is in the interests of the plaintiff to submit to the court the maximum number of information on the problematic nature of the defendant's income.

Unscrupulous parents often submit false certificates with underestimated or other fictitious income to the court. And in the absence of reliable counterarguments of the plaintiff, the court appoints payments based on the data received. Since the court does not independently collect evidence and draws conclusions based on the information provided by the parties.

Therefore, the plaintiff is directly interested in collecting up-to-date information about all sources and options for obtaining the defendant's income. If he cannot do it on his own, then you can always contact a lawyer or a detective agency.

The lawyer has the right to conduct a lawyer's investigation, in which he can find out the maximum information about the payer. As for the detective agency, they can also get the information you need.

Important! When assigning alimony, the court takes into account the marital status of both parties. And if the alimony has a new family with children, then you should not count on an increased amount of payments. Under such circumstances, they will be minimal.

Pros and cons of permanent transfers

The main plus of "solid" alimony is the ability to collect money in excess of the percentage of the minimum income provided for by the RF IC. For example, the average amount of alimony in Russia is 6250 rubles.

But there is also a reverse option. Especially when it comes to earning in foreign currency.

After all, under such circumstances, the real income of the payer can be very high. But due to the fact that the alimony receives payment not in rubles, but, say, in dollars or euros, the court cannot recover funds in percentages or shares of such earnings.

And assigns security depending on the subsistence level. Which could be significantly less than what a child could count on if Russian law allowed the collection of foreign funds.

Minus - the complexity of the collection process. Only litigation is allowed here. It is impossible to get a warrant.

Another significant disadvantage is the lack of uniformity of judicial practice on this issue both throughout the country as a whole and in individual cities within the same region. But this is not only a problem for such a legal issue. The Russian Federation, in principle, is distinguished by a large variety of interpretations of the rules of law and various variations of law enforcement.

By the way, one of the latest trends is a large number of refusals to assign alimony in a solid format due to the lack of evidence for the need for this. Most often this is due to the fact that the defendants have side earnings, which can be documented.

Therefore, before going to court with such requirements, you should carefully study the sources of income of the potential payer and make sure that he does not have side or passive income.

Attention! If the payer has unstable or atypical earnings for the Russian Federation, then the recipient does not have a choice of the form for collecting payments. Therefore, it does not really matter whether such a method has a large number of pluses or minuses. Since there are no other options here anyway.

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