Alimony in hard currency. How to file for alimony in TDS (hard cash)? How to determine the amount of alimony in a flat amount

"Recovery of alimony for minor children in solid sum of money"

1. In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent who is obliged to pay alimony has irregular, varying earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he does not have earnings and (or) other income, as well as in other cases, if the recovery of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or materially violates the interests of one of the parties, the court has the right to determine the amount alimony collected on a monthly basis, in a fixed amount or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed amount.
2. The size of the fixed sum of money is determined by the court proceeding from the maximum possible preservation of the child's previous level of security, taking into account the material and family situation of the parties and other circumstances worthy of attention.
3. If children remain with each of the parents, the amount of alimony from one of the parents in favor of the other, less well-off, is determined in a fixed amount of money collected monthly and determined by the court in accordance with paragraph 2 of this article.

Grounds for Collecting Alimony in Fixed Monetary Amount are specified in article 83 of the Family Code of the Russian Federation. Such grounds include:

Lack of parental agreement on the payment of alimony for minor children;
- the parent who is obliged to pay alimony has irregular, variable earnings and (or) other income;
- the parent receives earnings and (or) other income in whole or in part in kind or in foreign currency;
- the parent has no earnings and (or) other income;
- also in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or materially violates the interests of one of the parties.

The court, in accordance with Article 83 of the RF IC, has the right to determine the amount of alimony collected on a monthly basis in a fixed amount or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed amount of money.

Lump sum support and court order

On the basis of a court order, alimony for minor children in a fixed amount of money cannot be collected, since the solution of this issue is associated with the need to verify the presence or absence of circumstances with which the law connects the possibility of such a recovery (paragraphs 1 and 3 of Art. 83, p. . 4 article 143 of the RF IC). (p. 11

Alimony in case of cancellation of adoption

See clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9 "On the application by the courts of the Family Code of the Russian Federation when considering cases of establishing paternity and recovering alimony")

The court is not entitled, on its own initiative, to collect alimony in a fixed sum of money (in the absence of such claims of the plaintiff)

Recovery of alimony in a fixed sumin action

The claim of an interested party to recover alimony in a fixed amount or simultaneously in shares and in a fixed amount instead of the recovery of alimony made on the basis of a court decision (court order) in proportion to the parent's earnings (income) is considered by the court in the course of action, and not according to the rules provided for by Art. 203 of the Code of Civil Procedure of the Russian Federation, since in this case the issue of changing the amount of alimony must be resolved, and not about changing the method and procedure for executing a court decision. (Clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9 "On the application by the courts of the Family Code of the Russian Federation when considering cases on establishing paternity and on collecting alimony")

The amount of the fixed sum is determined by the court, including on the basis of the material and marital status of the PARTIES, and not just the child

According to paragraph 2 of Article 83 of the Family Code of the Russian Federation, the size of the fixed sum of money is determined by the court based on the maximum possible preservation of the child's previous level of support, taking into account the material and marital status of the parties and other noteworthy circumstances.

Within the meaning of this provision, the court must proceed not only from the interests of the minor, for whose maintenance the alimony is being collected, but also take into account the interests (and opportunities) of the alimony payer.

From judicial practice

The court, recovering alimony, did not establish the financial position of the child's father - the amount of his income

Canceling the decision of the court, the Presidium of the St. Petersburg City Court in the Resolution dated June 27, 2007 No. 44g-429/07 indicated the following.

“... The Justice of the Peace, determining the amount of alimony in a fixed sum of money equal to 60 minimum wages, indicated that the defendant had not presented any objections to the claim, which should be regarded as an acknowledgment of the claim.
At the same time, by virtue of the provisions of Part 2 of Art. 83 of the RF IC, the court should have determined the amount of alimony taking into account the material and marital status of the parties.
In the supervisory appeal, the defendant points out that he has not been working since 2005, since he cannot find a job in his specialty.
The case file contains information about the defendant's income in 2003. At the same time, the court did not establish the size of the defendant's income in subsequent years and did not establish his marital status and the presence of noteworthy circumstances, as well as the possibility of real recovery of alimony, taking into account the requirements of Art. 112 of the RF IC.
Thus, when determining the amount of alimony in a fixed amount, the court assesses all the circumstances worthy of attention and is guided by the principle of maintaining the child's previous standard of living of the family as much as possible. When considering this case by the court, the specified requirements of the law were not met. "

Judicial practice of collecting alimony in a fixed sum of money for minor children

Extract from the Certificate of the Perm Regional Court dated March 10, 2008 "On the application of legislation on alimony obligations":

"... When resolving claims for the recovery of alimony for the maintenance of minor children, the significant circumstances in the case, which are subject to establishment by the court, are:
1) the existence of a parental relationship between a minor child and the person (s) to whom a claim is made to recover alimony, which must be confirmed by a copy of the child's birth certificate;
2) the minority of the child (the Ordzhonikidze District Court of Perm overturned the decision of the magistrate who ordered alimony in favor of B. and D. for the maintenance of his son, since the court of appeal established that the child is an adult capable person);
3) finding minor child dependent on the person who has filed a claim for the recovery of alimony for its maintenance, which is confirmed by a certificate from the housing maintenance organization, as well as the HOA, management company etc.
So, by the magistrate judicial area 26 of the Motovilikhinsky district of Perm, I.'s claim to I. for the recovery of alimony for the maintenance of his daughter was refused, counterclaims for the recovery of alimony for the maintenance of his daughter were satisfied, since the magistrate established the place of residence of the child with the father, the residence of the child with the mother not supported by evidence;
4) the presence or absence between the parents of a prisoner in established by law the order in the form of an agreement on the payment of alimony;
5) failure to provide maintenance to a minor child or inconsistency of the provided maintenance with the amount established by law.
In the event that a claim is made to recover alimony in a fixed amount, along with the above significant circumstances in the case, there are also the presence or absence of a permanent job, the presence of regular earnings or other income.
It should be noted that it is precisely when collecting alimony in a fixed amount of money or simultaneously in shares and a fixed amount of money that the previous level of support for a minor child should be taken into account and, accordingly, included in the subject of proof. So, paragraph 2 of Art. 83 of the IC RF indicates that the size of the fixed sum of money is determined by the court on the basis of its maximum possible preservation, taking into account the material and marital status of the parties and other noteworthy circumstances. The previous level of providing for a minor child may include the need to continue education in a specialized school, music school, abroad, etc., for which the child previously had the opportunity.
The parent or the person replacing him, who has presented the claim for the recovery of alimony, is obliged to prove that the minor child is dependent on him, and the other parent does not provide him with support or provides it in an insufficient amount.
The defendant, in turn, must prove the circumstances, the presence of which is the basis for reducing the share of his earnings subject to recovery, as well as the size of the fixed sum of money.
The courts need to keep in mind that the absence of earnings or other income from a parent who is obliged to pay alimony cannot serve as a basis for his release from the need to pay alimony for the maintenance of minor children. "

Many mothers who are forced to support and raise their children on their own have more than once faced the dishonesty of their ex-husbands. Most often, former spouses try to hide information about their income. In such a situation, mothers either have to be content with scanty payments for the maintenance of their children, or request alimony in a solid sum of money. Judicial practice shows that fixed payments are assigned not only for the maintenance of children who have not reached adulthood, but also for spouses and 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 basis for the appointment of alimony.

What documents do the plaintiff need to prepare in court?

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

• A document on the conclusion or dissolution of marriage relations.
• A copy of the plaintiff's passport along with data on her place of residence.
• Birth documents of a child (children). In the event that the plaintiff does not have the original of this document, then she can take a duplicate of it at the registry office.
• A copy of the statement of claim.

It is worth noting that the plaintiff will not be required to provide a check.Usually, a state fee is levied when filing a statement of claim, however, according to article Tax Code RF, the state duty is not collected from the plaintiff when filing an application for the payment of alimony.

According to the law, the judge is given 5 working days to make a ruling on the statement of claim and start judicial proceedings... In the event that the statement of claim is drawn up incorrectly or is not substantiated, the judge will also, within 5 days, make a decision to refuse the proceedings or to leave the claim without further progress.

We provide evidence

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

During the trial, 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 receipts from stores confirming the purchase of food and things for the child, as well as receipts for payment of utilities.
• 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 child support costs.

How do you define payments in a fixed amount?

The amount of monthly payments for the maintenance of a child, spouse or elderly persons directly depends on the amount living wage... The higher the subsistence level in the region where the child is staying, 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 prescribe payments based on the subsistence minimum in the country. The size of the subsistence minimum allows you to determine only minimum size cash payments. However, in each case, the judge has the right to determine the amount of child support himself.

It is worth noting that each minor child from the family is assigned its own amount of alimony. 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 alimony

pros

Alimony assignment 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 alimony payments in a shared relation apply only to the official income of the defendant.

disadvantages

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

How will we recover from the defendant?

In order for the payments appointed by the court to begin to flow to the bank account of the plaintiff, the following must be done:

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

Judicial practice shows that bailiffs most often prescribe payments from such sources of income as salaries, income from individual entrepreneurs, fees or operating bank accounts.

Indexation of payments

It is no secret that from year to year our life becomes 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 the indexation of payments does not mean an increase in the amount of alimony. The indexing itself only means that with an increase in the subsistence level, the amount of alimony will increase in direct proportion. The indexing 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 until the age of 18.

What is flat money alimony

Alimony in hard cash is alternative way collection of alimony, in contrast to the share order, it is determined in a specific amount of money, which must be a multiple of the subsistence minimum.

In general, alimony is collected in shares of the debtor's earnings. For the recovery of alimony in a flat amount, it is necessary to comply with special conditions listed in Article 83 of the Family Code of the Russian Federation:

• in cases where collection in a share relationship is impossible, difficult or materially violates someone's interests;
• if the payer has no income;
• if the payer of alimony receives income from products or goods, other kind;
• if the alimony payer has a seasonal or variable income, which is typical for seasonal workers, creative workers, entrepreneurs; if the income received is paid in foreign currency.

Another case of collecting alimony in a lump sum will be a situation when children are divided between parents. In such a situation, alimony is collected only from the wealthier parent.

It should be noted that the collection of alimony in a lump sum is an exception to the rule. In the general case, the collection takes place in proportion to the earnings on court order.

How to determine the amount of alimony in the flat amount

The plaintiff must indicate in the statement of claim such amount of alimony that, in his opinion, will be able to provide the child with the necessary level of maintenance.

It is necessary to take into account such conditions of ensuring that there is enough money for food, clothes, everyday things, toys, tutorials and accessories for the child. If a child is engaged in circles and sections, receives additional education in a music or art school, the cost of additional education should also be taken into account when determining the level of content. If the child has diseases. requiring expenses for treatment and health maintenance, such expenses should be taken into account. However, one should not make assumptions about the possibility of future costs that may arise when some additional circumstances occur, the court will not accept such arguments.

The plaintiff should take into account his level of income, since he must participate on an equal footing with the defendant in the maintenance of the common children. However, with a significant difference in income, it is possible and necessary to impose the main costs on a better-off parent.

It will be easiest to determine the amount of alimony in a lump sum in cases where the child's parents previously lived in one family and fully bore all the costs of the child. In this case, the principle operates according to which, when determining the amount of alimony in a fixed amount, the court tries as much as possible to preserve the child's previous level of support.

After the calculation of all monthly expenses for the child has been made, it is necessary to make an assessment of the current marital status and the level of income of the future payer and recipient. For example, in such a situation, when, after the divorce, the child's father had more children from a new marriage, and the income fell significantly, it is obvious that he cannot provide the child with the previous level of his support, in such a situation the court will seek a balance between the father's capabilities and the child's needs. ...

The court determines the amount of alimony in a fixed amount of money as a multiple of the subsistence minimum for children established in the relevant entity Russian Federation at the place of residence of the person receiving alimony. If the cost of living in the subject of the Russian Federation is not established, then the cost of living for children in Russia as a whole is applied.

The subsistence minimum is set quarterly, with some delay. To determine the amount of alimony in a fixed amount for children living in Moscow, the courts use the following values: http://base.garant.ru/998975. For other regions, you need to look in the search for the corresponding regulations. In Russia as a whole, the living wage can be viewed here: http://base.garant.ru/3921257. The courts apply the last figure set even if the lump sum alimony is set later.

When the size of the subsistence minimum changes, the amount of alimony collected in a fixed amount is subject to indexation, which is independently, by virtue of the law, carried out by the bailiff or the organization at the place of work of the debtor.

How to make a statement of claim for alimony in a fixed amount

When drawing up a statement of claim for alimony in a firm sum of money, one should be guided by general conditions drafting claims for the recovery of alimony and the rules for determining their jurisdiction.

In the text of the statement of claim for the recovery of alimony in a fixed amount, it is necessary to justify why the alimony must be collected in a fixed amount, and not in shares.

The statement of claim is accompanied by birth certificates of children, a certificate confirming the registration of the child with the plaintiff, documents on the income of the plaintiff and the defendant (for the defendant, if possible), documents on the presence (absence) of marriage between the parties.

The most difficult moment will be to justify the conditions for obtaining alimony and determine the amount to be recovered. To justify the amount, indicate the maximum possible preservation of the child's previous level of support, taking into account the material and family situation of the parties and other noteworthy circumstances. It will be correct to make an arithmetic calculation of the amount by attaching it to the statement of claim.

Submission and consideration of a claim for alimony in a firm sum of money

The statement of claim for alimony in a fixed amount is submitted to the magistrate. The plaintiff has the right to choose a magistrate at his place of residence or at the place of residence of the defendant (alimony payer).

Claims for the recovery of alimony in a fixed amount are subject to the jurisdiction of the magistrate. The choice of the magistrate, according to the place of residence of the plaintiff or the defendant, is the right of the plaintiff. The plaintiff is exempted from paying the state duty when filing a claim for the recovery of alimony in a fixed sum of money.

After the acceptance of the statement of claim for production, the magistrate will appoint a court session, in which the validity of the claims for the establishment of alimony in a fixed amount will be established. In the absence of grounds for this, the judge will make a decision on the recovery of alimony in shares of earnings.

Consideration of the statement of claim for alimony in a fixed amount takes place in a court session, where the magistrate will invite both the plaintiff and the defendant. The plaintiff will be asked to substantiate the claims for the recovery of alimony in a fixed amount, to provide evidence of the necessary expenses for the child, to show his income. The defendant will be asked to explain the evasion of child support and to provide evidence of his financial and marital status. Based on the results of the consideration of the case, a court decision is made. The parties have the right to appeal the decision within 1 month on appeal. After the expiry of the appeal period, the decision comes into legal force and is subject to execution.

Recovery of alimony in a fixed amount

Recovery of alimony in a fixed amount is possible only upon filing a statement of claim. The order in this case does not apply, which means that the magistrate will not issue a court order on alimony in a fixed amount.

The decision on the collection of alimony in a fixed amount will indicate from what time to what time the alimony is collected (usually from the date of filing the claim until the day of the child's majority). A specific amount in rubles will be determined, it will be indicated how this amount is a multiple of the subsistence minimum. The frequency of collection of alimony has been determined. In this case, monthly payments are usually indicated, however, in cases where the defendant does not have income and the prospects for obtaining them, but there is property that can be foreclosed, this method of satisfying the claims is also possible.

The transition to alimony in the lump sum

In life, there are often situations when citizens' financial or marital status changes and the collected alimony in shares of earnings can no longer ensure a decent existence for the child. How to switch from one type of alimony to another and collect alimony in a fixed amount?

There is nothing difficult here. this is a common question. which is often seen in court. It is enough to draw up a new statement of claim for alimony in a fixed sum of money and submit it to the court in accordance with the general procedure. Additionally, the application indicates the previous collection of alimony and changes in the life situation, attaching a copy of the court decision, as an attachment to the statement of claim. In all other respects, the procedure for preparing, filing and considering a statement of claim will be similar to that considered.

Sample statement of claim for lump sum alimony

When preparing a claim, you can use the submitted sample application for alimony in a lump sum by filling it out in writing or in hard copy. Enter your details. describe the whole situation in detail. If you have any questions about filling out the sample

Download a sample application:

Regulatory framework for alimony in a fixed amount

Family Code of the Russian Federation edition 2018:

Article 83. Recovery of alimony for minor children in a fixed sum of money

1. In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent who is obliged to pay alimony has irregular, varying earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he does not have earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or materially violates the interests of one of the parties, the court has the right to determine the amount of alimony collected on a monthly basis, in a fixed amount of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed amount of money.

2. The size of the fixed sum of money is determined by the court proceeding from the maximum possible preservation of the child's previous level of security, taking into account the material and family situation of the parties and other circumstances worthy of attention.

3. If children remain with each of the parents, the amount of alimony from one of the parents in favor of the other, less well-off, is determined in a fixed amount of money collected monthly and determined by the court in accordance with paragraph 2 of this article.

1. The bailiff, as well as the organization or other person to whom the executive document was sent in the case established by part 1 of Article 9 of the Federal Law of October 2, 2007 N 229-FZ "On enforcement proceedings", Indexing the alimony collected by a court decision in a fixed amount, in proportion to the growth of the subsistence minimum for the corresponding socio-demographic group of the population, established in the corresponding constituent entity of the Russian Federation at the place of residence of the person receiving alimony, in the absence in the corresponding constituent entity of the Russian Federation of the specified values ​​produce this indexing in proportion to the growth of the subsistence minimum for the corresponding socio-demographic group of the population as a whole in the Russian Federation.

2. The amount of alimony recovered by a court decision in a fixed amount, for the purpose of their indexation, is established by the court as a multiple of the subsistence minimum determined in accordance with the rules of paragraph 1 of this article, including the amount of alimony may be established as a fraction of the subsistence minimum.

Questions regarding the statement of claim for alimony in a fixed amount

How can I write a statement of claim for the payment of alimony in a fixed amount? My son is 11 years old, his father pays 1/6 of his salary. This money is not enough.

Describe in detail your financial situation, the composition of the cost of maintaining a child, attach documents on the amount of alimony for the last year. I think that the court will be on your side.

I have 2 children from my first marriage, divorced. The ex-husband is constantly looking for work in the employment center, from there are scanty alimony. Can I file for lump sum support and what is the likelihood of winning the case?

When collecting alimony in a fixed amount, the court will take into account the financial situation of the payer and the recipient of the alimony. If you prove that the defendant can pay more than now, that he has money or property, then there are more chances to recover. Although, judging by your description, the opportunity to get from him large sums unlikely. But in general, the whole situation should be more clear to you. There are always chances to get more.

I would like to ask if we have a minimum fixed amount of alimony, such as a minimum living wage?

All information on alimony in a fixed amount is given in this article. If the husband is officially employed, then it is possible to collect alimony in a fixed amount if it is proved that his income is higher than those from which the alimony is paid. There is no lower limit for alimony, they are tied in relation to the cost of living, but may be below it.

Good afternoon, tell me please, if there is a court order on alimony and it is in enforcement proceedings at the bailiffs at the defendant's place of residence, I live with a child, and I would like to re-submit a statement of claim for establishing a firm monetary amount of alimony, but at my place of residence , What do I need to do for that?

Write a statement of claim for alimony in a flat sum using this sample. In the text of the statement, indicate that the alimony was recovered by court order, why you think it is necessary to change the recovery from an equity relationship to a fixed amount.

Every mother wants her child to be provided with at least everything necessary for a normal existence. That is why most mothers strive to ensure that the father pays child support in a strictly fixed amount, regardless of his monthly income.

Conditions for calculating alimony in a fixed amount

The decision to pay alimony in solid form can be made by both parents amicably - in a voluntary agreement signed by both of them and, ideally, notarized. As an example, they can indicate that the father will pay 10,000 rubles monthly for the maintenance of the child. With all this, it must be borne in mind that this amount of alimony should not be lower than that which would be paid to them in proportion to their income. That is, in this case, his income should be no more than 40,000 rubles.

Or the decision is made by the court, but under a number of conditions:

• the second parent (in our case, the father) has no permanent earnings or other income,
• the amount of his income changes from month to month;
• he receives income in kind (not in monetary terms);
• wages are paid in foreign currency (even if partially);
• if the assigned amount of alimony in a share of earnings significantly violates the rights of the child and his mother.

In other cases, alimony is assigned only in proportion to the income of the alimony payer.

Alimony, a fixed amount of which is established by the parents in an agreement or by a court in a resolution, is paid once a month, unless a different procedure is specified in the specified documents.

The amount of alimony in solid form

In the agreement on the payment of alimony, their amount in firm terms can be established by the parents themselves on a voluntary basis. There are times when parents agree on lump sum alimony immediately in a large amount. And after that, they no longer have any claims to each other. Paying child support in this way can be convenient individual entrepreneurs, especially in the case of large profits, read more about this.

For example, the father immediately paid 3,000,000 rubles for the maintenance of the child and is not obliged to pay anything more. These funds can be on his account on demand. It will be reasonable for the payer to insure himself and certify a receipt from a notary on receipt of this significant payment on account of alimony (). The father will also be able to leave his child with real estate at a cost of several million rubles and is also not obliged to pay more alimony. But such options should suit both parents.

In the case when the payer of the alimony has no income, however, he has property, then a claim can be levied on it if the alimony is set in a fixed amount.

Otherwise, the calculation of alimony in a fixed amount is made by the judge during the consideration of a civil case on the claim of the claimant and establishes a specific amount.

The court examines the financial situation of the plaintiff and the defendant, as well as the size of the latter's income. The judge will certainly be interested in the question of whether the alimony payer has another family, and children from a second marriage. Taking into account these data, the judge decides to establish a fixed monthly payment.

The issue of a lump-sum alimony payment can also be submitted to a judge. But in practice, more often these issues are resolved privately, and not in court.

The amount of alimony in solid form can be reduced if:

• the income of the alimony payer is reduced due to certain circumstances (deterioration of health, disability, etc.),
• the alimony payer has a child in another marriage (in this case, the interests of all children must be taken into account).

There are other, private, situations, but they are all considered by the judge. And he also makes a decision to change the amount of alimony payments in solid form.

Registration of alimony payments

As we said above, the decision on the appointment of alimony payments in solid form can be made both by the parents themselves in a voluntary agreement, indicating the agreed amount, and by the court upon the application-claim of one of the parents.

In a voluntary agreement, it is enough to indicate the amount agreed by the parents, which will not infringe on the interests of the child, and then sign it and, preferably, notarize it.

If the issue is resolved through the court, then the plaintiff must submit the following documents along with the application, as well as their photocopies:

• your personal passport;
• birth certificate of a child (children);
• marriage or divorce certificate;
• certificate of the defendant's place of residence;
• Calculation of a fixed amount of alimony at the discretion of the plaintiff;
• documents justifying the costs of maintaining the child.
• reliable information about the amount of all available income of the alimony payer (ideally, this is a certificate from his place of work).

Based on the results of consideration of this statement of claim with the entire package of documents, the judge makes a decision and, together with the writ of execution, sends it to the territorial department of the bailiff service for execution.

Claim Alimony in Fixed Monetary Amount arbitrage practice allows, subject to all of the above conditions. The judges pay special attention to the fact that when establishing a fixed amount of alimony, the interests of children are taken into account, and their financial situation does not deteriorate.

If the plaintiff has evidence that the payer provided inaccurate information regarding his income, then the payment may be assigned taking into account the arguments, facts and other circumstances provided.

Pros and cons of "hard" alimony payments

The positive side of the payment of alimony in hard monetary terms can be considered the fact that the plaintiff will be able to recover an amount greater than that which would have been charged in proportion to the payer's income. In addition, this amount will not depend on the variability of the defendant's income.

Cons - the decision to pay alimony in firm form is made (with the exception of a voluntary agreement) by a judge after filing a statement of claim, and this process is quite lengthy and not always predictable. Yes and real income it is not always possible to establish the payer reliably.

If you still have questions about how alimony is paid in a fixed amount, then ask them in the comments

Almost every claimant seeks to receive alimony payments in a fixed sum of money. This is understandable.

1. First, it is a guarantee that a certain amount will be credited to the claimant's account in any case, even if the payer's income suddenly decreases.
2. Secondly, the recipient always knows how much he can count on in the form of alimony per month for the child.
3. Thirdly, this amount is assigned in proportion to the subsistence minimum, and therefore increases automatically with its growth.

Who Can Get Lump Sum Alimony

Not every recipient can count on "hard" alimony. Their circle is limited by the legislator:

• children under the age of eighteen;
• adult children, but disabled or disabled (most often they are disabled children);
• a mother or father who does not work because they are caring for a disabled child or a minor under the age of three.

But even these individuals cannot count on fixed payments with absolute certainty. Only the presence of certain conditions can give them such an opportunity.

Recovery of alimony in a fixed amount

The conditions for collecting alimony in a fixed amount are not taken "from the ceiling", but in the disposition of the 83rd article of the Family Code of the Russian Federation.

1. checks from stores where food, clothing and necessary household items are purchased for the child;
2. receipts from educational institutions visited by the child ( Kindergarten, sections, circles, courses, etc.);
3. certificates from medical institutions, pharmacies, if the child needs constant care, treatment and medicines;
4. others.

It is good if the applicant reliably knows all the income of the defendant and he can not only name them, but also document it:

• information from his permanent job,
• extracts from banking institutions,
• help from pension fund(if the payer is a pensioner)
• etc..

A permanent list of documents confirming that the parties have a common child, their marital status, identity passports, certificates from the place of residence must also be attached to the claim.

The plaintiff and the defendant need to be prepared for calls on court hearings... Only after a thorough study of the financial situation of both, hearing their arguments and proposals, the judge will be able to issue a decision on the appointment of fixed alimony. This will be a writ of execution, which is subsequently sent in order to control alimony payments to the territorial bailiff service. And for the deduction of alimony from the payer's income: to his work (or other organizations that transfer money to him) or to him for execution personally.

The court can even combine "solid" and "share" alimony from one payer. This is done more often if the latter has more than one source of income: fixed alimony will be withheld from one, and interest on income from the other.

Payment of alimony in a fixed amount by agreement

Family law does not prohibit the payment of "firm" alimony under a voluntary agreement between spouses.

When drawing up such an alimony agreement, the spouses can independently agree on a specific fixed amount of monthly payments to support their child.

In doing so, it is important to observe three basic conditions. The fixed amount of alimony must:

1. satisfy the needs of the child and not violate his interests;
2. do not worsen significantly financial position the payer and his other children (if any);
3. be less than the amount that would be due to a child or children in the appointment of alimony in shares of the income of the alimony payer (that is, less than one quarter for one child, one third for two, etc.).

Parents have the right to stipulate in their agreement another type of "firm" payment: not monthly, but one-time. That is, the paying parent can once make a large cash payment for the maintenance of the child, which can cover his financial needs until the age of majority. It is possible that this amount will be left on an account specially opened for the child. Or firmly established alimony will be expressed at all in the form of property - real estate or otherwise expensive property... The law does not prohibit such material assistance your child, but this should not violate his interests or go against the wishes of the recipient of alimony.

Video: Child support

Is it possible to change the fixed amount of payments

Strongly expressed alimony increases in proportion to the increase in the cost of living minimum amount, according to which they are counted: the PM grows - the alimony grows. But with a decrease in the PM, the alimony amount will not change. In the legislation, this process is called indexation.

But the amount of fixed alimony can also be changed privately, subject to the conditions set out below.

The amount of "solid" alimony can be increased if:

• the payer's income has increased and this can be confirmed;
• Alimony is needed not only for the maintenance of a young child, but also for his parent, who does not work, because located in maternity leave with him;
• as a result of inflation, the funds that were assigned earlier are not enough for the needs of the child.

"Solid" alimony can be reduced if:

• the payer's income is reduced due to compelling reasons (reduction in the workplace, loss of health, etc.);
• a child was born in the payer's new family.

If the indexation of fixed payments occurs automatically, then the change in the amount of alimony for the above reasons is possible only by going to court and receiving an affirmative decision of the court.

When drawing up a voluntary agreement on firmly established alimony, the parties themselves must provide for the conditions for indexing the payment. Or, by mutual agreement, they can change this document in the direction of increasing or decreasing the amount of payment.

Pros and cons of a fixed payment method

The positive aspect of a lump sum maintenance payment is the assurance that receiving Money guaranteed monthly to the recipient regardless of the payer's income from month to month. And this payment automatically increases in parallel with the growth of the subsistence minimum, and does not depend on the change in the payer's earnings in the direction of increase or decrease.

The negative side of the appointment of fixed alimony can be considered a lengthy judicial procedure for their collection (if they are not established by the parents in the agreement), as well as the difficulty of establishing the real income of the payer.