Features of paying state duty for collecting alimony through the court

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Alimony is a form of material support for needy relatives and other family members. In most cases, such payments are assigned to minor children after the parents’ divorce. The procedure for establishing the deduction of funds in favor of needy children can be carried out both judicially and voluntarily. Contacting the relevant government agencies is always accompanied by the payment of a special fee. In order for an application for the collection of alimony in 2021 to be accepted in court, it is necessary to pay the state fee in advance. The amounts, benefits and procedure for calculating state duty on alimony are regulated by separate chapters and articles of the Tax Code of the Russian Federation.

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In order to understand the numerous rules for calculating and the amount of state duty for alimony, you need to refer to this article. All information provided below is current for 2021.

What is the state duty on alimony and why is it paid?

All provisions concerning the determination of the amount, procedure for collection and exemption from state duty on alimony in 2021 are strictly regulated by the norms of the Tax Code of the Russian Federation. According to the rules of Art. 333.16 of the Tax Code of the Russian Federation, the state fee is understood as a sum of money that is collected from individuals when applying to institutions and bodies, or other state-level organizations. Thus, in order to file a claim for alimony in court, or when contacting a notary to certify the agreement, in 2021 you must pay a state fee. In the opposite situation, the applicant’s application or appeal will not be considered. With the help of the state duty on alimony payments, legal costs are reimbursed.
In cases related to the assignment and collection of alimony, the payers are exclusively citizens.

Do they pay a state fee when applying for alimony in 2021?

In 2021, no significant changes were made to the norms of the Tax Code of the Russian Federation, therefore, as over the past 10 years, a fee must be paid to consider an application for alimony. However, clause 2, part 1, art. 333.36 of the Tax Code of the Russian Federation regulates that when filing an appeal the fee is not paid, plaintiffs are exempt from such obligation.

Attention

The financial burden of transferring money to pay off the alimony fee in 2021 falls on the defendant, that is, the parent from whom monthly payments are supposed to be collected. This rule is reflected in Part 1 of Art. 103 Code of Civil Procedure of the Russian Federation.

In Part 1 of Art. 103 of the Code of Civil Procedure of the Russian Federation, we are talking not only about the payment of state duty on alimony, but also about other legal costs. Thus, at the end of the proceedings to establish maintenance for the needy offspring, all expenses incurred by the plaintiff in the process of the case are recovered from the defendant. Costs include payment for the services of lawyers, representatives, translator, and expert.

How is alimony collected?

Compulsory collection of alimony is allowed in two ways:

1. By order - by filing an application for a court order;
2. In a lawsuit - by filing a statement of claim in court.

The competent authority for considering applications for the collection of alimony are the magistrates' courts, as well as district courts in cases where the application for the collection of alimony is combined with other requirements.

Order proceedings are possible in cases where:

• The parties do not have a dispute about law;
• A demand was made for the collection of alimony in shares of all types of earnings;
• The location of the defendant is known.

Applications for the collection of alimony will be considered in a lawsuit: When deciding on the issue of establishing and challenging paternity;

• With simultaneous divorce;
• If it is necessary to establish a fixed amount of alimony payments (fixed amount).

The duty rates differ for each type of production.

Who pays the state fee for alimony?

The obligation to pay tax is assigned to the defendant – the person liable for alimony (Article 103 of the Code of Civil Procedure of the Russian Federation). The legislator provides for categories of claims with tax benefits - exemption from financial burdens.

The state provides vulnerable categories of the population with the opportunity to seek the help of a judicial authority free of charge in the case of alimony.

The Tax Code of Russia provides for preferential categories of citizens exempt from compensation for legal costs:

• disabled citizens with 1st and 2nd disability groups;
• persons with the status of “Hero of Russia, USSR”;
• combatants;
• veterans and disabled people of the Great Patriotic War;
• migrants, refugees;
• pensioners.

The remaining defendants cover the costs of government services in proportion to the claims satisfied. In this case, determining the amount of state duty in each individual situation is not so easy.

The applicant is not exempt from mandatory tax if there are several issues in dispute in the claim. The consideration of a case of divorce and the assignment of alimony involves payment of one of the stated requirements.

A claimant who has repeatedly applied to the court is not burdened with state duty for the following cases:

• on the collection of penalties (penalties) for alimony payments;
• on changing the amount of alimony at the request of the recipient;
• on the new procedure for calculating and making payments.

The appeal of the alimony obligee with the above-mentioned subjects of dispute to the court does not provide for exemption from the court fee, since the essence of the claim affects personal interests, and not the child.

How much does it cost to file for child support?

The state duty for the collection of child support reaches an amount that is established and controlled by state and legally significant bodies. There are two types of taxes: ad valorem and specific. So, alimony refers to ad valorem, that is, mixed rates, and interest rates depend on certain circumstances.

Below is a list of how price is directly proportional to certain parameters of the claim and who is filing the lawsuit:

• Filing a statement of claim in court (150 rubles)*;
• The claim contains demands for recovery not only for the maintenance of children, but also for support of the applicant (300 rubles)*;
• When filing a claim for alimony, the plaintiff does not pay it; the fee is collected from the party that lost the dispute. Judicial work is paid by the alimony worker, and after the consideration of the case;
• An application for divorce is submitted along with the claim (exemption from the fee is not provided - 400 rubles)*.

Also, the plaintiff will not have to pay a state fee to the court for filing a claim for alimony:

• increasing the amount of alimony;
• collection of financial assistance to cover expenses associated with a child’s illness or life-saving operation;
• collection of arrears of alimony.

Additional Information! Tax legislation is quite accessible to protect your rights and reduce costs, but here too the state has taken care of protecting the child and his parent who is demanding to collect child support.

The winning party in the lawsuit is reimbursed for all documented costs. Since payment of the fee was not required before the proceeding of the case, the obligation to collect its payment rests with the defendant. If the circumstance has the opposite side, then the payment of the tax belongs to the plaintiff who made an unfounded statement.

Note! Article 333.36, paragraph 2, part 1 of the Tax Code of the Russian Federation contains the fact that persons filing a claim for alimony are exempt from paying the fee before filing a petition.

Who pays the fee when applying for alimony payments?

Art. 333.17 of the Tax Code of the Russian Federation establishes that state duty payers in 2021 can be two categories of persons:

1. Individuals are citizens of the Russian Federation, foreign persons, or stateless persons, people who do not have citizenship.
2. Legal – organizations that initiate legal action.

In proceedings related to the assignment of alimony payments, state duty payers are always only the first category, that is, individuals.

In accordance with clause 2, part 1, art. 333.36 of the Tax Code of the Russian Federation and Part 1 of Art. 103 of the Code of Civil Procedure of the Russian Federation, all obligations to transfer the state duty in cases related to alimony rest with the defendant. In the situation under consideration, the plaintiff enjoys a tax benefit, that is, is exempt from transferring the fee.

IMPORTANT

Benefits and exemptions from payment of alimony duty in 2021 are not used if the claim makes several claims. For example, the plaintiff files an appeal to dissolve the marriage and collect alimony. In such a situation, you need to pay a fee for the divorce procedure.

Who pays the state duty

In most court cases, when filing an application with the court, the plaintiff is required to pay a state fee. The payment receipt is attached to the statement of claim along with other relevant documents.

Cases regarding the collection of alimony for minor children are an exception: in this case, all payments are made by the defendant if the claim is satisfied as a result of the trial.

Then the amount of state duty will be collected from the defendant in favor of the local budget after a decision is made and the amount of alimony payments is determined. In a situation where the initiation of a case for alimony is refused, the plaintiff will pay a state fee as compensation for filing an unfounded claim.

Who pays the fee if there are several payers?

The norms of Article 40 of the Code of Civil Procedure of the Russian Federation provide for the possibility of simultaneous filing of a claim by several persons. In this case, it does not matter whether the claim is filed for the collection of alimony without divorce with the continuation of the marriage of the spouses, or whether the initiator raises both issues at the same time - dissolution of the marriage union and collection of financial support.

If the parties do not belong to tax-preferential categories of citizens, then they pay the state duty in equal shares.

If one of the parties (the plaintiff) has tax benefits, a copy of the document confirming the right to tax exemption must be attached to the statement of claim. The fee is reduced in proportion to the number of exempt claimants.

The remainder of the amount is paid in equal shares by persons who do not have the right not to pay the state duty.

Normative base

The modern legislative system strictly regulates the size and conditions for establishing state duties. In order to understand the system of current laws on payment of state duty on alimony in 2021, you can refer to the table.

Table of grounds and amount of payment of alimony fees in 2021

Examples of duty calculation

Example: Plaintiff Ivanova filed a claim against her husband for divorce, collection of alimony for herself and the child, as well as for determining the place of residence of the children.

She needs to pay 600 rubles of a fee for divorce, and double the amount of the fee for collecting alimony (300) rubles and the fee for determining the child’s place of residence (300 rubles) will be collected from the defendant.

Example 2: Plaintiff Petrova went to court with a demand from her ex-husband to collect alimony for her minor son, as well as for herself until the child reaches the age of 3 years. When going to court, I did not pay the fee, as I am subject to an exemption from its payment. The court, having considered the claim, satisfied the demand for alimony for the child, but refused to satisfy the claim for financial support for the child’s mother. A tax fee of 150 rubles for the child support claim was collected from the child’s father, the defendant, but the court had to leave 150 rubles for the rejected claim with the plaintiff, obliging her to pay it.

State duty for changing the amount of alimony

In the event that we are talking about the state duty when changing the amount of alimony in 2021, it is necessary first of all to calculate the cost of the claim according to the rules established by Art. 91 Code of Civil Procedure of the Russian Federation. For understanding, you can refer to an example.

Example

Citizen K. paid 10,000 rubles a month for child support, which means 120,000 rubles were withheld per year. Due to the deterioration of the financial situation, the obligated person asks to reduce the amount to 5,000 rubles, that is, 60,000 rubles will be paid per year. The difference between the annual sizes will be 60,000 rubles. This is the cost of the claim.

The amount of the state duty when changing the amount of alimony in 2021 is based on the rules of clause 1, part 1, art. 333.19 Tax Code of the Russian Federation. For example, when the value of the claim is 20,000 rubles or less, the fee will be 4% of the amount, but cannot be less than 400 rubles. When the value of the claim is more than 20,000 rubles, but does not reach 100,000 rubles, the duty will be 800 rubles + 3% of the amount that is above 20,000 rubles.

For your information

P. 1 part 1 art. 333.19 of the Tax Code of the Russian Federation established the provisions for calculating the state duty for alimony and for large amounts of the cost of the claim. Practice shows that in cases involving an increase (decrease) in the amount of alimony payments, as a rule, the cost of the claim does not exceed 100,000 rubles.

Moving on to the question of who pays the fee when changing alimony in 2021, it is necessary to consider two situations:

1. Reduction of alimony payments - the claim is filed by the one who must pay the funds. In such a situation, the citizen proceeds from his own interests, and not from the child, which means there is no benefit, the state duty for alimony must be paid by the plaintiff.
2. Increase in child support payments - the claim is filed by the parent who lives with the child and receives the money. As a rule, a citizen proceeds from the interests of the minor offspring. In accordance with clause 15, part 1, art. 333.36 of the Tax Code of the Russian Federation, the plaintiff is exempt from paying duties on alimony. The responsibility to pay the mandatory state fee is transferred to the defendant.

How to file a claim for an increase in alimony?

Modern family legislation provides for the possibility of filing a claim for an increase in alimony payments. What is important to pay attention to:

• proof. Each basis must be supported by relevant documents. In case of failure to provide evidence or presentation of insufficient evidence of circumstances confirming the basis of its claims, the court may refuse to collect alimony in a larger amount.
• The procedure for filing a claim for an increase in alimony is similar to the process for the main claim for the recovery of alimony.
• rules of law. When filling out an application, you should first of all be guided by the Family Code of the Russian Federation and the norms of civil procedural legislation.

An application to increase the amount of alimony must meet the mandatory requirements for form and content set out in Article 132 of the Code of Civil Procedure of the Russian Federation. In order for the court to accept the claim and schedule a hearing on the application, it is necessary to indicate in the text of the submitted document:

• name of the court
• surname, name, patronymic of the applicant of the claim, his address
• last name, first name, patronymic of the person liable for alimony, his address
• circumstances under which the plaintiff considers his claims to be satisfied
• evidence confirming these circumstances
• the amount of the claim, that is, in what amount is required to increase alimony
• list of documents attached to the application

The application must be accompanied by copies of all documents, a calculation of the amount to be recovered and a document confirming payment of the state fee, or the grounds for exemption from payment thereof must be indicated. Failure to comply with at least one requirement may result in the application being abandoned or returned without consideration.

It is important to correctly draw up a statement of claim and be sure to collect all the necessary documents. And in support of your demands, provide effective and correct evidence confirming the circumstances of the case and meeting the mandatory criteria of relevance and admissibility. Preparation of a complete package of documents is the key to the success of a legal case.

ATTENTION: if the form of the claim is not followed, it will be left without movement, giving the plaintiff a period to eliminate the comments. If the deficiencies are not eliminated on time, the claim will be returned to the plaintiff, watch the video with additional tips

Duty to increase alimony payments in 2021

The amount of the state fee for increasing alimony in 2021 depends on the established price of the claim. This cost is calculated according to the rules of Art. 91 Code of Civil Procedure of the Russian Federation. Previously, an example was given of determining the price of a claim and the state duty for alimony (according to the rules of clause 1, part 1, article 333.19 of the Tax Code of the Russian Federation).

In the event that we are talking about increasing the amount of alimony payments, it is necessary to calculate the amount of monetary support that the applicant is guided by. For example, previously 10,000 rubles were transferred; due to objective circumstances, the applicant asks to increase the payment amount to 15,000 rubles. Thus, for the year the overpayment will be 5,000 * 12 = 60,000 rubles. Based on this, the state duty for increasing alimony is calculated as follows:

1. 60,000 – 20,000 = 40,000 rubles
2. (40,000 / 100) * 3 = 1,200 rubles.
3. 800 + 1,200 = 2,000 rubles.

Thus, the final amount of the state duty for increasing alimony payments is 2,000 rubles.

IMPORTANT

A claim to increase the limits of alimony is usually filed by a citizen living with the child. Clause 15, part 1, art. 333.36 of the Tax Code of the Russian Federation indicates that plaintiffs are exempt from paying state taxes. Within the meaning of Art. 103 of the Code of Civil Procedure of the Russian Federation, the obligation to pay the state duty for increasing alimony in 2021 falls on the defendant at the end of the proceedings.

Increasing the amount of alimony through the court

If an agreement fails, an application for an increase in alimony and the alimony court will help solve the problem. It will be necessary to file a corresponding claim to review the amount of alimony paid. At the court hearing, all grounds for increasing these payments will be considered. The plaintiff will have to prove each of the grounds presented to him according to the rules of civil procedure law.

When applying to the court for an increase in alimony according to the text of the claim, it is necessary to describe the entire situation, indicating the specific reasons for the increase in alimony. Satisfaction of your requirements directly depends on the evidence that will be attached to the claim. However, to speed up the process of filing a claim, you also have the right to attach missing documents if it is difficult to obtain them at the time of filing the application directly at the court hearing.

State duty to reduce alimony

The process of reducing alimony payments is organized and occurs in much the same way as the procedure for increasing the amount. To establish the amount of the duty, the price of the claim is calculated according to the rules of Art. 91 Code of Civil Procedure of the Russian Federation. An example of calculation in such a situation has already been given earlier. Based on the calculated amount, the state duty for reducing alimony is determined, which is reflected in clause 1, part 1, art. 333.19 Tax Code of the Russian Federation.

For your information

The peculiarity of the duty to reduce alimony in 2021 is that the obligation to pay falls on the plaintiff. This is due to the fact that a citizen acts in personal interests, without taking into account the rights of the child.

The amount of the state duty on the claim

Depending on the situation, the applicant can send an application both to the magistrates’ authorities and to the court of the district (city) level, in the case of collecting alimony. If we are talking about appealing to the courts of general jurisdiction, then a lawsuit and a full trial will be organized. In the event that a claim is filed solely for the recovery of maintenance for those in need, the amount of the state duty on alimony will not change and will be 150 rubles. The funds are paid by the defendant in the case, that is, the person who is responsible for providing financial support for the child.

IMPORTANT

If we are talking about collecting money both for the maintenance of the child and for expenses in relation to the wife (ex-wife), the state duty on alimony doubles, which means it will be 300 rubles. This rule is directly enshrined in clause 14, part 1, art. 333.19 Tax Code of the Russian Federation.

Fee for an order to collect alimony

The state fee when filing a claim or application for alimony with the issuance of an order depends on the final decision of the executive body.
When can I receive an order?

The Family Code and Resolution of the Plenum of the Supreme Court No. 9 establish that a court order for the collection of alimony is issued when:

• it is required to pay funds for the maintenance of children under 18 years of age;
• there is no need to establish or challenge paternity;
• there is no need to involve other persons;
• the amount of payment depends on the defendant’s earnings (according to Article 81 of the Criminal Code).

Read also: Preliminary guardianship of minors

The order is not issued if it is necessary to support children of adult age, spouse, other family members, or receive funds in a fixed amount of money.

Executive authorities can assign alimony in an indisputable manner by issuing a court order. Based on the document, the plaintiff will receive a clearly fixed amount. The debtor has no right of refusal. In this case, the court fee is not paid; the tax fee is set individually.

Amount of fee for alimony by court order

If we are talking about filing an appeal for the collection of alimony to the magistrate, then based on the results of reviewing the documents, an order is issued. The procedure for establishing obligations through this judicial body is characterized by reduced deadlines and a simplified procedure, which is reflected in Art. 126 Code of Civil Procedure of the Russian Federation. With regard to the organization of writ proceedings, the same rules apply as for claims. This suggests that the state fee for alimony in the magistrate’s court in 2021 will also be 150 rubles.

The payer of the fee when collecting alimony payments under a court order in 2021 is the defendant after a legal document (order) and a separate determination on withholding the state fee are issued.

When no duty is charged

The legislation of the Russian Federation establishes the conditions for the defendant’s release from alimony payments. This category of citizens includes:

• persons with disabilities of groups 1-2;
• heroes of Russia and the Soviet Union;
• combatants;
• disabled people and participants of the Great Patriotic War.

The remaining defendants pay the state fee if the applicant's claim is fully or partially satisfied.

State protection of some segments of the population exempts the plaintiff from collecting money when filing a claim for alimony. This is regulated by the Tax and Family Code. Defendants should take into account that the amount of the state duty changes annually.

State duty for divorce when collecting alimony in 2021

Practice shows that often cases of alimony and divorce are resolved within the framework of one proceeding and statement of claim. In the case under consideration, the state fee in 2021 will consist of two important components: a fee for divorce and for the collection of alimony payments. The first part does not in any way affect the rights of the child, and therefore is subject to payment by the plaintiff in full - 600 rubles in accordance with clause 5 of Part 1 of Art. 333.19 Tax Code of the Russian Federation. The second part is the state duty for alimony, which is not paid by the applicant; this responsibility is transferred to the defendant at the end of the proceedings.

For understanding, you can consider the situation below.

Example

Citizen N. is married to citizen K., they have a child together. During the divorce, the spouse filed a claim for divorce, and at the same time clarified the requirement for alimony. Before filing an application, a woman must pay a state fee of only 600 rubles.

During the proceedings, the plaintiff may file a petition to recover the amount of the state fee for divorce from the defendant. The resolution of such a formal request is at the discretion of the court. In practice, in most cases, the claims are satisfied and the costs incurred by the plaintiff are returned at the expense of the defendant.

Procedure for payment and collection of alimony

Mother and father are obliged to take care of their children, provide them with everything they need and support them financially until they reach the age of 18. Parents bear equal responsibility to the child, regardless of whether they live together, are married or divorced. Methods and procedure for paying child support

Alimony agreement

Parents have the right to independently decide how they will support their child. The father and mother enter into an alimony agreement indicating the amount, conditions and procedure for paying maintenance. The document must be certified by a notary.

If the alimony payer ceases to fulfill his obligations under the agreement, this document will have the force of a writ of execution for forced collection through the bailiff service.

If parents do not have a regular income or are deprived of parental rights, this does not relieve them of the obligation to support their children.

Settlement agreement on payment of alimony - form, sample, drafting

Judicial procedure for collecting alimony payments

In cases where parents do not want or cannot agree and voluntarily do not fulfill their obligations to support children, alimony is collected through the court.

The applicant may apply to the court:

1. in the order of writ proceedings;
2. in the manner of claim proceedings.

If the debtor works, earns income, and does not pay child support to other children, the debtor applies to the court to issue a court order.

Features of writ proceedings:

• no dispute between the parties;
• the parties do not participate in legal proceedings;
• within five days after receiving the application, the judge alone issues a court order;
• alimony is assigned as a share of the parent’s salary or other income;
• a court order has the force of a writ of execution (Part 2 of Article 121 of the Code of Civil Procedure of the Russian Federation).

An application for the issuance of a court order is submitted to the magistrate at the place of residence of the claimant or at the place of residence of the debtor.

If the debtor has no income or hides it, pays alimony to other children, or in addition to the demand for alimony, an additional claim is made, then the claimant applies to the court with a statement of claim.

Features of the claim proceedings:

• Several claims have been filed;
• court hearings are scheduled;
• parties and witnesses participate in legal proceedings;
• Based on the court decision, a writ of execution is issued.

A statement of claim for the collection of alimony is filed with the district court at the place of residence of the plaintiff or defendant.

Statement of claim for divorce and alimony (sample) 2021

The amount of the penalty fee for alimony payments

Clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. dated December 26, 2017 indicates that cases related to the collection of penalties for untimely paid obligations directly affect the rights and interests of the child. In this regard, on the basis of clause 15, part 1, art. 333.36 of the Tax Code of the Russian Federation, the plaintiff does not have to pay state duty on alimony in 2021.

IMPORTANT

The obligation to pay state duty when collecting alimony penalties in 2021 rests with the future payer (defendant). The amount of the fee is calculated according to the rules of clause 1, part 1, art. 333.19 Tax Code of the Russian Federation. First of all, it is necessary to determine the cost of the claim - calculate the amount of the penalty for alimony. In accordance with Part 2 of Art. 115 of the RF IC, the value is 0.1% per day of the amount of unpaid alimony obligations.

An example of calculating penalties and state fees for alimony.

The alimony debt amounted to 20,000 rubles. At the time of settlement, the period of delay is 90 days. In order to calculate the amount of the penalty, you need to do the following:

1. (20,000 / 100) * 0.1 = 20 rubles – penalty per day
2. 20 * 90 = 1,800 rudders - for the entire period of delay

The amount of the penalty for alimony in the example under consideration is 1,800 rubles, this is the price of the claim.

Based on the calculated price of the claim, the amount of the fee for collecting the penalty for alimony is determined according to the rules of clause 1, part 1, art. 333.19 Tax Code of the Russian Federation. Previously calculation calculations were presented. Regarding the penalty, in most cases, the amount does not exceed 20,000 rubles, and the state duty for alimony is about 400 rubles.

The procedure for indexing alimony as a way to increase payments

In the conditions of a steadily changing economic situation in the country, the size of the population's subsistence level is constantly subject to change. In this regard, collecting alimony in a constant amount over a long period of time will not be in the interests of the child or may lead to the impossibility of maintaining his normal standard of living.

Guided by the need to preserve the quality of life of a minor child, the legislator has provided for the possibility of proportional indexation of awarded alimony in accordance with the increase in the cost of living of a certain socio-demographic group of people established for a specific region of residence.

The cost of living is set every quarter, so it is also possible to increase the amount of alimony through indexation quarterly.

To determine the amount of alimony payments, taking into account indexation, you can apply a simple mathematical formula by dividing the amount of alimony by the amount of the subsistence minimum for the quarter in which the alimony was collected, and multiplying by the established amount of the subsistence minimum for the period being calculated.

If the court decision and the writ of execution do not contain information about the indexation of alimony payments, then they can be indexed by submitting a corresponding application to the bailiff or the direct employer of the alimony payer. The indexation process is an effective method of regularly increasing alimony payments. With the right approach to resolving this issue, a favorable result is achieved quite quickly.

In cases where difficulties arise with the preparation of applications and other documents, it is advisable to seek advice from lawyers and practicing specialists. With their help, issues of this kind are resolved very quickly and effectively.

By receiving professional advice, you can free up time and reduce costs to resolve the issue.

The cost of an alimony agreement with a notary in 2021

The fees for notary services are established by Art. 22.1 Federal Law “Fundamentals of the legislation of the Russian Federation on notaries” and Art. 333.24 Tax Code of the Russian Federation.

In the event that we are talking about the state duty when certifying an agreement on the payment of alimony in 2021, you must pay 250 rubles. This amount of duty is fixed in clause 9 of Art. 333.24 Tax Code of the Russian Federation.

Attention

If the draft agreement was drawn up by a specialist in a notary’s office, and additional services of an official were used, the final cost of the fee for an alimony agreement with a notary in 2021 may exceed 250 rubles. This is due to the fact that 250 rubles only cost to certify the document, and not to draw it up.

How to pay the alimony fee?

At the legislative level, methods of paying alimony fees in 2021 are not regulated. Currently the following options exist:

1. Sberbank branch - you must take with you your passport and details of the judicial authority into whose account the funds will be credited. The cashier will fill out the receipt, and he will also issue a check, which must be attached to the application or kept for further confirmation of the fact of payment of the state duty for alimony.
2. ATM – in the “payments” section you should find the item “Taxes, fines and duties”. In the list that appears, you need to select the government body to whose account the money is transferred. In the window that appears, enter the details, personal data of the payer, and the name of the payment. Based on the results of the operation, the ATM will issue a receipt.
3. Terminal – works on the same principle as an ATM. The exception is that the terminal only accepts cash.
4. SberbankOnline - on the bank’s website in your personal account, you need to find the “Payments and Transfers” tab, then “Budget Payments”, then you need to select a service, enter the payment details and amount. Don’t forget to print out the final receipt as confirmation of payment of the state duty on alimony.

How and where to pay

Payment of the state fee associated with filing a claim is carried out by the payer by bank transfer to the payment details posted on the website of the justice authority or within its walls.

You should not try to pay the fee to the court representative at the time of filing the claim. Court employees are not authorized to collect funds related to mandatory fees from applicants.

In order to make the payment, the applicant must provide the banking institution with details, including:

• name of the person acting as the recipient;
• TIN, KPP, OKTMO code of the recipient;
• current account and the name of the banking institution in which such a current account is opened.

The payment order, which will confirm the fact of payment of the fee, must contain complete information about the surname, name and patronymic of the payer, his residential address, purpose and amount of payment.

Payment can be made at a banking institution: through a cash desk, ATM or online banking system, by cash or non-cash payments.

The receipt or bank check must be presented to the court by the applicant along with the case materials.

Required documents

To pay the state fee for alimony in 2021, you must take payment details. To do this, the interested person needs to personally go to the court in advance, in whose office the employees will provide all the information to make the payment. In modern conditions, the necessary data for paying state fees for alimony can also be located on the official website of the court.

In addition to the details, to pay the alimony fee in 2021, the only documents you will need is a passport. This is relevant if funds are credited through a Sberbank branch. If the payer transfers money through Sberbank online, an ATM or a terminal, the original passport is not even needed, only personal information is needed.

Procedure for paying state duty for alimony in 2021

In order to pay the alimony fee in 2021, you must do the following:

1. Get the details in any convenient way - in person or through the website.
2. Go to a Bank branch or go to your SberbankOnline personal account.
3. Provide the credit institution employee with your passport and details. If we are talking about payment through the website, you must select the desired section and enter payment information about the recipient organization.
4. Give the employee money or confirm payment through the website.
5. Receive a check, which will further confirm the fact of payment of the state duty for alimony in 2021.

A sample receipt is available.

Methods of paying state duty

It is possible to pay the state fee for filing an application for alimony:

• by contacting the bank with a receipt already filled out according to the sample or by providing there the necessary details on the basis of which the transfer will be made. You must have your passport and the means for payment or a bank card with you);
• using the services of ATMs or banking terminals; You must print out a receipt for the transaction performed;
• through your bank's online service. By logging into your personal account from a mobile gadget or computer, you independently calculate the amount of the fee, deposit the required amount, after which you save a screenshot of the operation on your device or print it out.

Exemption from state duty on alimony

Regardless of who the person is, the defendant or the plaintiff, the court, at its own discretion, may remove the obligation to pay alimony fees in 2021, based on the citizen’s property status. This rule is reflected in Part 2 of Art. 333.20 Tax Code of the Russian Federation. In some situations, the judge chooses the option of deferment, that is, postponing the date of payment of the state fee in accordance with Art. 333.41 Tax Code of the Russian Federation.

In addition, the following categories of citizens are certainly exempt from state duty on alimony in 2021:

1. Heroes of the USSR, Russian Federation, as well as full holders of the Order of Glory.
2. Veterans and disabled people of the Great Patriotic War, former prisoners of the Nazis, ghetto.
3. Persons who have a disability of group I or II.

These categories of citizens are enshrined in Art. 333.35 and 333.36 of the Tax Code of the Russian Federation. Regardless of their procedural status, such persons do not have to pay money towards the state duty on alimony. This means that all costs are paid from the state budget.

Alimony - what is it?

Funds that are required by law to be paid by one spouse to the other, by parents to minor children, and by an adult to a disabled elderly parent are alimony payments.

Funds can be paid in two ways:

• by concluding a settlement agreement - voluntarily;
• in court - forcibly.

Regardless of whether the parents were in a legally registered marriage, they are obliged to support their children until they reach adulthood. The need to pay maintenance arises in relation to disabled legal spouses – former and present – ​​who need financial assistance.

State duty on alimony - benefits in 2021

State duty benefits are covered in Art. 333.36 Tax Code of the Russian Federation. It reflects the following privileges:

1. In cases related to the collection of alimony, plaintiffs are completely exempt from the need to pay state fees (clause 2, part 1, article 333.36 of the Tax Code of the Russian Federation).
2. If a claim is filed in the interests of a child, applicants do not have to pay the state fee (clause 15, part 1, article 333.36 of the Tax Code of the Russian Federation).
3. Citizens with category I or II disabilities do not have to pay alimony fees in 2021.

Attention
In accordance with Art. 333.35 of the Tax Code of the Russian Federation, disabled people are exempt from paying alimony fees in 2021 not only to the court, but also to the notary. Thus, you will not have to pay 250 rubles to have the agreement certified by a specialist.

Possible payment problems and nuances

Issues of paying state duty for alimony in 2021 are strictly regulated by law. At the same time, in practice some difficulties may arise, so all the subtleties of the matter should be provided for in advance:

1. If the claim makes several demands, for example, for divorce and for the collection of alimony, each of them is paid separately. It is advisable to issue different receipts so that there is no confusion in the future.
2. If you conclude a notarial agreement, you must understand that you will have to pay not only the alimony fee of 250 rubles, but also separately the graphic and legal services provided by the specialist. Therefore, it is better to check the cost in advance.
3. It is recommended to file applications for divorce and alimony separately. This is due to the fact that divorce is a long process that drags on for several months. During this period, the child will remain without support.
4. If any expenses were incurred during the proceedings, all receipts and receipts must be retained. At the end of the case, you can file a petition asking for the costs to be returned from the defendant.

Each appeal by both citizens and organizations to the court or other government bodies is accompanied by the payment of a state fee. This is a collection, the definition, procedure and size of the purpose of which are strictly regulated by the norms of the Tax Code of the Russian Federation. In the process of collecting duties, many difficulties and controversial issues often arise. In order to understand all the features, you can simply read this article. It contains all the relevant information on paying the state duty for alimony in 2021. The state protects the rights of the child and certain categories of the population, so it is important to know your rights and not overpay in difficult life situations.

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Procedure for paying state duty

How to pay the state fee to court for alimony? Obviously, the money is not given to the judge or his assistant personally. The payment procedure is different.

The payer receives payment details to pay the mandatory fee. Where can I get them? They are often available at an information stand in the territorial branch of the court or on the official website of the authorized body. Judicial officials have the right to provide a form to the payer for payment.

The document contains information:

• name of the payee;
• TIN and checkpoint;
• OKTMO code;
• name of the bank branch;
• recipient's bank account number.

The payment order for payment of state duty discloses the following information :

• details of the person making the payment;
• address;
• for what purpose is the payment made (purpose);
• the amount of funds deposited;
• date of action.

Methods of paying state fees:

• at the cash desk of the selected bank branch;
• using online banking by transferring funds;
• at an ATM - cash or plastic card.

The receipt of payment must be kept and provided upon request of the judicial authority.

Individuals, in accordance with the provisions of Article 333.17 (subparagraph 2, paragraph 2) of the Tax Code, have a deadline for paying state fees - 10 calendar days from the date the court decision enters into legal force.

When do you need to pay state duty?

Unfortunately, not everyone knows that payment of the fee must be made according to certain rules. Some try to pay the fee in cash by handing it over to court officials. In fact, money is usually paid before filing a claim, and a receipt is brought along with the application. If the plaintiff is experiencing financial difficulties, you can apply for a deferment (installment plan) of payment.

An application for a deferment or installment payment of the fee is drawn up in free form, but must have attachments (evidence of poor financial situation)

How to pay the state fee

Sometimes, when submitting a package of collected documents, along with the claim, they also provide money that needs to be paid for the state fee. Of course, the fee is not transferred to the state budget through the hands of an assistant judge or a secretary. You can make a payment in several ways: through a bank cash desk, online by cashless payment, at a terminal or using an ATM in cash or a bank card.

Taxes go to the state budget, that is, not to certain individuals, so it is worth transferring money to a precisely specified account by authorized bodies. From the very beginning, you will need to obtain details for paying the fee, which is publicly available in the information department at the court premises at the place of registration, or on its official website. As a last resort, you can ask them from court staff or bailiffs.

Note! After the trial, an order is issued for the permanent payment of alimony in an indisputable manner in the established amount. The debtor's disagreement will no longer be taken into account unless a mutually detailed agreement is reached between the two parties. But there are several circumstances that legally allow you to avoid child support: if the other parent has been deprived of parental rights; if it is clearly established that the money paid is spent not on the child, but on other purposes; genetic testing proves no relationship with the child; in the event of the death of a child.

What the props contain:

• FULL NAME. recipient and his bank account number;
• OKTMO code;
• checkpoint and tax identification number;
• Name of the recipient's bank.

Payment order for payment of state duty includes:

• FULL NAME. payer;
• registration address;
• purpose of collecting funds;
• amount and date of payment.

At the register

The simplest, familiar to everyone and used for many years, is payment by receipt through the cash desk of a bank, most often Sberbank. It is convenient because to do this you just need to hand over the money and receipt to the cashier and receive back a coupon indicating the payment was made.

The disadvantages of this method are that sometimes you have to stand in line at the bank and pay a commission for the transaction.

In the terminal

Many banks, including Sberbank, have payment terminals that can be used to make payments. Consultants will tell you how to do this and answer any questions you may have. At the terminal you can pay either by card or in cash.

In the same way as through the terminal, you can pay the state fee for collecting child support at an ATM. Here you definitely need not only a receipt, but also a bank card. Money can be transferred from a card or in cash. There is usually no commission for such payments.

Online payment

Perhaps the most convenient way is to pay via the Internet. It will save you time and money. Today, online payments have become so simple and understandable that they are used more often than any other. You can pay the tax through the government services portal or from the official website of the Federal Tax Service.

For those who have a smartphone with their online banking application downloaded, it will take just a few minutes to pay. Most banks provide services in which you can pay fines, duties and other payments without commission.

Receipt

Whichever method you choose, you must have the correct details. These can usually be found on your court information boards. They are also posted on the official websites of the court. If you are in doubt about the correctness of the information posted, check with the staff.

Check if you have the following payment information:

1. Recipient (his full name).
2. Recipient's TIN (can be found on the website).
3. Checkpoint.
4. OKTMO code (determined by the organization’s address, you can look it up on the Internet if you know the exact address).
5. Payee's bank.
6. The Recipient's current account to which the funds will be transferred.

In addition, the payment document must contain information about the payer: his last name, first name and patronymic, passport address, payment amount and date. In the “Purpose of payment” column you need to write: “State duty for collecting child support.” Be sure to save the receipt with payment marks and bank checks. Attach these papers, along with other documents, to the statement of claim.