How not to make a mistake when applying for alimony in a fixed amount? Features of calculating the amount of recovery

Article updated: July 30, 2021.

Author: Lawyer Sergey Vladimirovich.

In simple terms, with this calculation method you will receive the exact amount of alimony, for example, 7,000 rubles per month, and not a percentage of income. The exact amount is determined by the court, depending on the financial situation of the parents.

Appointment procedure

Most often, this size depends on the cost of living throughout the country. At the beginning of 2021, the cost of living is 11,280 rubles.

In order to start receiving alimony in a fixed amount, you need to file a claim with the district court. The application will need to describe all the circumstances, as well as data on the child.

We provide more details on how to download and fill out the application below.

The following documents must be attached to the statement of claim:

• birth certificate of each child;
• a copy of your passport with registration information;
• a copy of the marriage or divorce certificate;
• receipts confirming your expenses;
• a statement stating that the child lives with you;

The following categories of persons have the right to receive alimony in a fixed amount:

• children under 18 years of age;
• adult disabled children;
• a spouse who is raising a child under three years of age;
• wife is pregnant;
• the former spouse needs to receive alimony by law;
• the ex-spouse has been raising a disabled child or a disabled person of the first group since childhood.

Example 1: Vladimir does not work anywhere, so his ex-wife decided to establish child support in a fixed amount. She wrote a statement of claim and went to court. The court ordered alimony in the amount of 7,500 rubles, taking into account the average salary in the region.

Arbitrage practice

Usually, the courts fully or partially satisfy the plaintiffs’ demands for the recovery of alimony in the TDS for children, here are a few examples:

1. The woman got divorced, divided the property and collected alimony for two children through the court (Decision No. 2-415/2019 2-415/2019~M-268/2019 M-268/2019 dated March 4, 2021 in case No. 2-415/ 2019).
2. The plaintiff applied to the court with a demand to change the procedure for paying alimony and to collect payments to the TDS. By decision No. 2-243/2020 2-243/2020~M-169/2020 M-169/2020 dated May 27, 2021 in case No. 2-243/2020, the requirements were partially satisfied.
3. The plaintiff wanted to get a divorce and demand alimony from the defendant in the amount of 8,000 rubles. for a common child. By decision No. 2-97/2020 2-97/2020~M-62/2020 M-62/2020 dated April 7, 2021 in case No. 2-97/2020 the requirements were partially satisfied. The marriage is dissolved, instead of 8,000 rubles. managed to recover 1/4 of all the defendant’s income.

Flat sum alimony calculator

The most important thing when using the calculator is to indicate the cost of living per child in your region. In 2021 in Russia it is 11,303 rubles , this is the amount we wrote in the calculator. But you can change it and enter your own.

Here are the main living wages in different regions in 2021:

• Moscow: 15582 rubles
• St. Petersburg: 11607 rubles
• Sevastopol: 12276 rubles
• Sverdlovsk region: 11850 rubles
• Tatarstan: 9905 rubles

You also need to choose how many minor children you have; the final calculation will also depend on this.

If you do not know the size in your region, you can ask a lawyer in the chat or in the comments.

Be sure to include all additional expenses that are spent on children each month. For example, if you pay for school or kindergarten, or attend a music section.

Minimum size

The minimum amount of alimony in a fixed amount greatly depends on the region where the child lives. For example, in Moscow the cost of living is 15,582 rubles, and alimony will be calculated using the formula: 15,582 / 2 = 7,791 for one child.

Thus, in Moscow and the Moscow region, the minimum fixed amount of alimony will be 7,791 rubles per child.

If you have two children, then this amount needs to be multiplied by 2, you get the amount (15582 / 2) * 2 = 15582 rubles for 2 children.

But the lowest value is in the Voronezh region. There, the cost of living for a child is only 9,248 rubles, and accordingly, alimony there will be 4,624 rubles.

In Russia, the cost of living per child in 2021 is 11,303 rubles, so courts often rely on this amount and assign alimony in a fixed amount: for 1 child - 5,651 rubles, for 2 children - 11,303 rubles, for 3 children - 16,954 rubles.

But remember that the court can even reduce this amount if the defendant provides evidence. For example, if he is disabled or has high medical expenses.

Possible size

None of the articles of the law stipulate the minimum and maximum limits of the fixed amount of alimony. Based on the principle of protecting the interests of both parties, the court sets the amount of monthly monetary support so that it is enough for the basic needs of the recipient , but the payer also has the means to live .

When signing an agreement, the parties reach mutual understanding on the issue of the amount of alimony independently , the result of the agreement is included in the document (Article 103 of the Family Code).

The amount of payment is assigned by the court in the form of a coefficient multiplied by the subsistence minimum (subsistence level) in a specific region for a category of citizens (Article 117 of the IC); sometimes for children - in shares of the average salary, at least 1/4, 1/3 and 1/2, respectively, for one, two or three children.

Indexation of alimony is provided (Article 117 of the Family Code).

The court makes individual decisions , taking into account the financial and marital status of the parties, their health, the presence of other dependents of the payer, the current size of the recipient’s needs, and other points.

When considering child support cases, the latter try to maintain the usual level of support .

According to a court decision, several children or persons of a different degree of relationship may participate in the maintenance of parents or other relatives (clause 4 of Article 87, clause 3 of Article 98 of the Family Code), then the amount of financial support is calculated taking into account their total income.

In what cases is it prescribed

If you have entered into a notarial payment agreement with each other, then it can establish alimony in any amount.

There you can prescribe a fixed amount that will be paid in a certain period. If there is no such agreement, then the law provides for the following situations for assigning payments in a fixed amount of money:

• the spouse who must pay does not have a regular source of income or earnings;
• the debtor has variable earnings: for example, when working on a rotational basis or is on piece work;
• receives a salary in foreign currency;
• receives salary in goods or results of work;
• if establishing alimony as a share of the salary violates the rights and interests of the child.

These rules are established in paragraph 1 of Article 83 of the Family Code of the Russian Federation.

If any of these grounds exist, the court may set payments in a certain amount.

Determining the amount of alimony

The court determines the amount of alimony depending on the minimum subsistence level. The decision must be made in such a way as to best take into account the interests of the child. The evidence presented by the plaintiff is important in such cases. You need to try to collect as much information as possible about the sources of income of the second spouse.

Be sure to make copies and provide the court with documents that confirm the expenses for the child. It can be:

• drug receipts.
• checks for doctors, medical examinations, massages.
• receipts for visiting sports sections.
• checks for kindergarten, school.
• receipts for the purchase of clothes, toys, stationery.

You must ask for child support that will leave the child with the same standard of living. For example, if he already went to a private kindergarten, then he can continue to go there. And the expenses for the kindergarten must be recovered through alimony.

If a child visited the pool and you spent 3,000 rubles a month on it, then you need to indicate this and collect this money from the defendant through the court as alimony.

This rule is stated in paragraph 2. Article 83 of the Family Code of the Russian Federation.

In addition, you must collect certificates and receipts that will confirm expenses for children. These could be checks for the purchase of clothes, payment for kindergarten, payment for doctor's services.

Is it possible to change the fixed payment amount?

Firmly expressed alimony increases in proportion to the increase in the minimum subsistence amount in accordance with which they are calculated: the monthly minimum increases - alimony increases. But with a decrease in the monthly allowance, the alimony amount will not change. In legislation, this process is called indexation.

But the amount of fixed alimony can also be changed privately if the conditions set out below are met.

The amount of “fixed” alimony can be increased if:

• the payer’s income has increased and this can be confirmed;
• Child support is needed not only for the maintenance of a young child, but also for his parent, who does not work, because... is on maternity leave with him;
• as a result of inflation, the funds allocated earlier are not enough for the child’s needs.

“Solid” alimony can be reduced if:

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

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

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 to increase or decrease the payment amount.

Statement of claim for the recovery of alimony in a fixed amount. Sample

We have prepared for you a sample of filling out a statement of claim to receive alimony in a fixed amount. Most importantly, do not forget to indicate the cost of living in your region, and also change the region to the one where the child lives.

For example, in Moscow now the cost of living for a child is about 16,000 rubles per month, so there you can ask for alimony in the amount of 8,000 rubles or more. But in the Saratov region, the cost of living is only 10,000 rubles. And you can ask for alimony in the amount of 5,000 rubles plus additional expenses for treatment and education.

Here is a short instruction from our lawyer:

1. Download the application and fill out all the information. Be sure to include information about the child, as well as the amount you want to receive monthly. If you have several children, then make a detailed calculation for the court.
2. Submit the application and copies of documents to the court. You can submit it in person through the court clerk or send a letter by mail. If you deliver the documents in person, then ask to mark one copy of the claim.
3. In a few days the court will set a date for the first hearing. Be sure to take all original documents with you. If you indicated in the claim that the child requires additional treatment, then take receipts that will confirm this.

State duty

The state fee for filing alimony in a fixed amount is 150 rubles. This rule is specified in paragraph 14 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation.

But you don't need to pay for it. The court will order the defendant to pay this amount after it makes a decision. Plaintiffs are exempt from paying the fee. This rule is specified in paragraph 2 of paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation.

How the case is heard in court

When considering claims of this type, standard rules apply. The court will accept the claim for proceedings if the requirements for drawing up and filing a claim are met. He will schedule a preliminary hearing where he will hear the positions of the parties. May indicate the need to provide additional evidence in a civil case. Will make a decision on requesting evidence or sending court requests, inviting witnesses, etc.

At the main court hearing, the plaintiff’s demands will be examined taking into account the evidence and the position and arguments of the defendant.

A court decision on a claim for alimony in a fixed amount comes into force immediately and the winning party can demand execution of the decision.

Jurisdiction for alimony

As we have already said, in cases of alimony in a fixed amount, only a statement of claim can be filed. Because of this, you cannot go to the magistrates' courts as before. Currently, such cases can only be heard by city or district courts.

This rule came into effect on October 1, 2021.

Also remember that you can choose a court either at the place of residence of the defendant or at your location. This is convenient if the plaintiff and defendant live in different cities.

For example, you and your child live in Moscow, and the child’s father lives in St. Petersburg. To avoid having to travel to another city with your child, you can file a claim for alimony with the Moscow district court. And the defendant will have to come to you for court hearings.

How does collection occur?

To do this you need to take a few very simple steps:

1. After the decision is made, you will need to write an application for a writ of execution. You can obtain this document from the court office.
2. Then you need to draw up an application to initiate enforcement proceedings. Along with this application and sheet, you need to contact the bailiff service.
3. The bailiffs will open enforcement proceedings and begin to collect funds from the debtor in your favor.

Bailiffs can make collections from any income of the defendant. Here are some of them:

• funds in bank accounts;
• wage;
• income from individual entrepreneurs;
• from fees and other payments.

Pros and cons of a fixed payment method

The positive aspect of an alimony payment in a fixed amount is the confidence that the receipt of funds is guaranteed to the recipient on a monthly basis, regardless of the payer’s income from month to month. And this payment automatically increases in parallel with the increase in the cost of living, and does not depend on changes in the payer’s earnings upward or downward.

The negative side of assigning fixed alimony can be considered the lengthy judicial procedure for collecting it (if it is not established by the parents in the agreement), as well as the difficulty of establishing the real income of the payer.

Indexation of alimony

If the court has set alimony at a fixed amount, then it must be indexed every quarter. This requirement is specified in Article 117 of the Family Code of the Russian Federation. The indexation must be carried out by bailiffs or the organization where the payer works.

But in order for the bailiffs not to forget about this obligation, we advise you to write an application for indexation every year. The application must be submitted to the bailiff who is handling your case. Below you can fill it out yourself.

To make it easier to index alimony, they are almost always assigned as multiples of the subsistence level. This rule is specified in paragraph 2 of Art. 117 of the Family Code of the Russian Federation.

See an example of filling. Do not forget to indicate the amount that the court has assigned you and the case number.

If the bailiffs do not respond to your demands, then you need to write a complaint addressed to the head of the Federal Bailiff Service and the prosecutor's office.

A court order for alimony in a fixed amount

In order for the court to issue a court order, all evidence of costs must be attached to the application. For example, checks from sports sections, clubs, and so on.

But the amount that the plaintiff asks for often greatly differs from the minimum subsistence level at which alimony is prescribed. For this reason, courts practically do not issue court orders for alimony in a fixed amount.

Also, paragraph 11 of the resolution of the Supreme Court of the Russian Federation dated May 26, 2017, states that courts should not issue court orders in such cases. Assigning a fixed amount is always an individual decision made by the judge; the exact amounts are not specified anywhere.

Because of this, the defendant must have the opportunity to come to court and prove his case. For example, if he does not agree with some expenses or has minimal income and cannot pay the requested amount.

Penalties at the rate of 0.1% per day for 0 days: 0 rubles

Amount of penalties for all debts: 0 rubles

Total amount of debt (penalty + principal): 0 rubles

If the parent does not have a regular income or is unemployed, then the court will: award alimony in a fixed amount

clause 1 Article 83 of the Family Code of the Russian Federation

The amount of alimony in a fixed amount is determined by the court: in order to maintain the child’s previous standard of living

clause 2 Article 83 of the Family Code of the Russian Federation

The court establishes child support for children after 18 years of age: in a fixed amount that the parent pays monthly

clause 2 Article 85 of the Family Code of the Russian Federation

If the child requires treatment, outside help or housing, then the court may order: additional alimony in a fixed amount

clause 1 Article 86 of the Family Code of the Russian Federation

The ex-wife can collect alimony for herself: in a fixed amount

Article 91 of the Family Code of the Russian Federation

How to apply for alimony in a fixed amount: step-by-step instructions

To collect alimony in a fixed amount you need:

1. Calculate everything yourself. The calculation is made in multiples of the PM established in the region. If it is missing, the all-Russian indicator is used. For example, you can charge 0.5 or 1 PM depending on the situation. But the size is not limited by anything.
2. Draw up a statement of claim and prepare documents.
3. Send the defendant a copy of the application.
4. Contact the district court at the place of residence of the plaintiff (Article 29 of the Code of Civil Procedure of the Russian Federation) or the defendant.
5. Receive notification of the meeting date. It is sent to all parties in the production.
6. Participate in court hearings.

As a result, the judge alone makes a decision, and the plaintiff is issued a writ of execution (hereinafter referred to as IL). An extract from the decision will be issued to all parties within five days from the date of adoption (Article 214 of the Code of Civil Procedure of the Russian Federation).

Subsequently, the plaintiff receives the status of a claimant, and the defendant - a debtor. The claimant has the right to present the IL to the bailiff, who will initiate proceedings in the case. You can contact the IL and directly to the payer’s employer. According to Art. 21 Federal Law dated October 2, 2007 No. 229-FZ “On Enforcement Proceedings”, the deadline for submitting enforcement documents is three years from the date the decision enters into force.

How to calculate the amount of alimony in a fixed amount

According to Part 2 of Art. 83 of the RF IC, the main role is played by the financial situation of the parties and the regional PM. But the court will first of all try to maintain the child’s previous standard of living.

To determine the amount of alimony in a fixed amount, you must do the following:

1. Establish the defendant's earnings.
2. Calculate the monthly amount of expenses for a minor, including those who previously lived together with a former spouse.
3. Determine your level of salary and expenses for the child.
4. Find out the cost of living in the region.

For example. Before the parents’ divorce, 50,000 rubles were spent monthly on clothing, food, and education for the child, the total budget. The mother’s salary is 20,000 rubles, the father earns 200,000 rubles from March to September. monthly. In autumn and winter he works as a security guard, the salary is 15,000 rubles.

The defendant’s total income for the year is RUB 1,475,000. for the year, the plaintiff - 240,000 rubles. Living wage – 12,300 rubles.

The claims indicate the recovery of alimony in the amount of two times the monthly minimum, i.e. 24,600. The claim was satisfied: collection of payments in a smaller amount will violate the interests of the minor, since he is accustomed to a maintenance of 50,000 rubles. If there is less money, he will not be able to attend paid clubs and study with a tutor.

In paragraph 23 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of December 26, 2017 No. 56 “On the application by the courts...” it is stated that the high income of the defendant cannot be an unconditional circumstance for the collection of alimony in the TDS. But a significant deterioration in the child’s living conditions is not allowed, even if the recipient earns less than the payer and will not be able to invest in him on an equal basis.

Contents and sample of the statement of claim

What must be indicated in the application in accordance with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation:

1. Name, address of the court.
2. Full name, passport details, registered address of the plaintiff.
3. Full name, date of birth, place of work of the defendant, address of the defendant.
4. Dates of marriage and divorce (if any).
5. Marriage certificate details (if available).
6. Full name, date of birth of the child, series and number of the certificate;
7. Income level of the plaintiff and defendant.
8. Amount of monthly expenses for a child.
9. PM value for minors.
10. Claim.
11. Description of submitted documents.
12. Date of compilation, signature.

Sample claim

Documentation

Along with the statement of claim, the following is submitted to the court:

• A copy of the child's birth certificate.
• A copy of the divorce or marriage certificate.
• Plaintiff's passport.
• Receipts confirming expenses for the child: payment for food, additional education, treatment expenses, etc.
• Certificate of the plaintiff's earnings.

If there is a certificate of the defendant’s salary, it is advisable to submit that too. But even if it is not there, the judge himself will request the necessary documents from him during the preliminary hearing.

State duty

According to Art. 333.36 of the Tax Code of the Russian Federation, plaintiffs in cases of alimony collection are exempt from paying state duty. After consideration of the case, it is recovered from the defendant - 150 rubles. If payments are established simultaneously for the mother and child, he will have to pay 300 rubles.

Learn more about paying state fees when collecting alimony.