Calculator for calculating the indexation of alimony (Article 117 of the RF IC) (based on the subsistence level)

What is indexing

Indexation means the recalculation of payments upward, taking into account the level of inflation. Indexation is necessary to ensure that the amount of payments meets the needs of the child until he reaches adulthood.

The Federal State Statistics Service of the Russian Federation constantly monitors changes in prices for food, non-food goods and services (the consumer basket). At the same time, an analysis of the income level of the population is carried out. The data obtained is regularly compared.

Based on the results of the comparison, the Government of the Russian Federation updates the following indicators:

• living wage;
• Minimum wage (minimum wage).

Legislative bodies determine how the updated indicators will be used. The authorities of each region set their own cost of living. It is regional indicators that are used in recalculation.

Alimony payments increase in proportion to the increase in the cost of living.

The concept of alimony, who has the right to receive it

First, you should find out what alimony is. And also what indexing means.

Alimony is financial support for another family member. However, payment is possible if the future recipient is disabled. Most often these are children and elderly people.

The following are also entitled to such payment:

• disabled husbands/wives;
• full-time students up to twenty-three years of age;
• disabled grandchildren;
• disabled children;
• sisters/brothers not suitable for work.

In what cases is alimony indexed?

The legislation provides for several options for collecting funds:

1. As a percentage of salary.
2. In a fixed amount of money.
3. In mixed form.

The third method involves the assignment of alimony in both shared and fixed form. This option is used if the payer, in addition to official earnings, has additional irregular income.

Methods and procedure for paying child support

The indexation procedure is regulated by the provisions of the Family Code of the Russian Federation.

Alimony, which is collected as a percentage, increases simultaneously with the increase in the parent’s salary. No additional recalculation is required.

Mandatory conditions for indexing are as follows:

• money for child support is transferred in the form of a fixed amount;
• alimony was assigned by a court decision or by agreement on payment;
• payments increase in proportion to the increase in the established minimum residence requirement in the region.

The cost of living is reviewed every three months. For the calculation, statistical data on the cost of food and essential items, and other mandatory expenses are used.

Innovations for 2021

On November 27, 2021, the State Duma of the Russian Federation adopted a law amending Art. 117 of the Family Code of the Russian Federation. Until this time, indexation of alimony payments was carried out after the claimant or bailiff sent the original writ of execution to the enterprise. After the changes come into force, indexation should also be carried out after the organization receives a copy of such a document from the bailiff when he terminated the case.

After completion of the proceedings, the debt accumulated up to this point will be collected in the process of another enforcement proceeding, which must be initiated along with the termination of the previous one.

It is worth noting that the changes in 2021 do not change the algorithm of interaction between the FSSP service and enterprise management, but only complement it, giving bailiffs the responsibility to control not only the calculation of alimony amounts, but also their indexation.

Who carries out indexing and when?

The list of officials obliged to index the amount of alimony is determined by Article 117 of the RF IC.

The amount of payments can be recalculated:

1. A bailiff who conducts a case regarding the collection of funds.
2. Accountant of the organization in which the debtor works or studies.

The recalculation is carried out immediately after the cost of living increases in the region where the recipient lives.

The Federal Law “On Enforcement Proceedings” (Article 102) requires the head of the organization to issue an appropriate order or instruction at each indexation. In such a situation, the bailiff makes a decision.

If funds are collected under an agreement to pay alimony, indexation occurs in the manner specified in the document. If there is no recalculation clause in the agreement, the amounts are indexed according to the rules established for the collection of payments by court decision.

The legislation does not regulate the exact timing and frequency of indexation. Alimony payments are recalculated when the regional subsistence level is updated.

When the cost of living decreases, the amount of alimony remains at the same level. Reducing child support payments is prohibited by law.

How to calculate indexation

You can calculate the amount by which the payment will increase yourself.

Before making the calculation, you need to clarify:

• the initial amount of alimony (AP);
• current subsistence level (LMd);
• previous value of the subsistence minimum (PLS).

The calculation procedure depends on whether alimony is assigned in a fixed form or whether its size directly depends on the cost of living.

Let's consider indexing options.

in a fixed amount of money

To index alimony awarded in the form of a fixed sum of money, the following formula is used:

PMd / PMp * AP = AD (where AD is the amount of payments after recalculation).

For example, from February 2021, 8,000 rubles are transferred for child support. The subsistence minimum for minor children on the date of establishment of payments was 10,280 rubles. In September 2021, this figure was 11,030 rubles.

Indexation is calculated using the formula: 11,030 / 10,280 * 8,000 = 8,583.

The monthly payment will increase by 583 rubles.

alimony for ex-wife

Funds for the maintenance of the ex-wife are assigned only in hard cash. When determining the amount of payments, the regional cost of living is taken into account. If the minimum residence requirement increases, alimony payments to your ex-spouse also increase.

Recalculation is carried out using a similar formula:

PMd / PMp * AP = AD (where AD is the amount of payments after indexation).

For example, the ex-spouse's benefit is 5,000 per month. The region's cost of living per adult in March 2021 was 11,870 rubles. In August 2021, the minimum value increased to 12,720 rubles.

Indexation is calculated as follows: 12,720 / 11,870 * 5,000 = 5,358.

After recalculation, the amount of alimony will increase by 358 rubles per month.

according to the minimum wage

The value of the minimum wage (minimum wage) is used to assign alimony if it is impossible to determine the official income of the payer. From 2021, the minimum wage is equal to the subsistence level.

The following formula is used for calculation:

AP * PMd = AD (the initial amount of alimony is multiplied by the coefficient established by the court).

For example, by a court decision, funds in the amount of 1.3 of the subsistence minimum were collected for child support. The subsistence minimum for minors on the date of appointment was 10,280 rubles. The monthly alimony payment amounted to 13,364 rubles (10,280 * 1.3).

In July 2021, the established minimum increased to 11,030 rubles. After indexation, payments increased to 14,339 rubles (11,030 * 1.3).

Child support indexation calculator

Use the calculator to calculate the indexation of alimony.

Calculator from Dogovor-Yurist.Ru

Formula for calculation

How is indexing determined? To do this you need to know:

1. The size of the previous subsistence level (A).
2. The size of the new minimum (B).
3. The amount of the child payment that was last paid (C).

Formula for calculation: C/A*B.

If previously the minimum was 10,000 rubles, but became 10,500, then with the previous alimony amount of 5,000, indexation will be made as follows: 5,000/10,000*10,500. After indexation, the payment amount will be 5,250 rubles.

We read about the calculation of alimony indexation in a special material.

What to do if indexing is not carried out

The recalculation of alimony is carried out by the employer or the bailiff.

If the indexation deadlines are violated, the claimant must apply for recalculation:

• at the payer’s place of work or study;
• to the bailiff service department conducting enforcement proceedings.

If the employer does not respond to the claimant’s demand, the writ of execution can be transferred to the FSSP unit at the debtor’s place of residence. The bailiff will index payments forcibly.

How to make an application

A petition for indexation of alimony to the bailiff service is drawn up in any form. The circumstances of the case are presented briefly, without unnecessary details and emotional descriptions.

The statement states:

• name of the FSSP department;
• recipient's details (last name, first name, patronymic, residential address);
• payer data (last name, first name, patronymic, residential address, place of work);
• date and details of the document on the basis of which alimony was assigned (payment agreement, court decision, court order);
• number and date of opening of proceedings for collection of funds;
• details of the bailiff (last name, first name, patronymic):
• the amount of alimony in hard cash;
• reference to legislative norms (Article 117 of the RF IC);
• information about the increase in the cost of living in the region (if available);
• request for recalculation for a specific period.

The document must contain the date and personal signature of the claimant. The application should not contain corrections or inaccuracies that could become a reason for refusal to accept it.

If a bailiff does not fulfill the duties assigned to him by law, he should file a complaint with the court about the official’s inaction.

Grounds for recalculating cash allowance

The previously determined material obligations of the alimony provider are subject to recalculation for several reasons. The main ones are economic and social.

Prices for services, products, and consumer goods are constantly increasing.

Economic ones are that prices for services, products, and consumer goods are constantly increasing. Which in turn negatively affects the standard of living of residents of the Russian state.

Thus, if pensions and wages are left unchanged for a long time, then soon people will not be able to purchase even food or basic necessities.

Social reasons are due to a lack of funds, which will lead to tension in the social situation in society. Ordinary citizens will not have enough money to adequately develop the personality of their children. And this is already a violation of the rights of the child.

How to index alimony debt

The legislation provides for the recovery of funds for the maintenance of a child for the past time (IC RF, art. 117). Alimony payments for the past period can also be indexed.

Recalculation takes place for each payment separately. This takes into account the cost of living for a specific billing period.

Indexation of payments for past periods is not carried out in the following cases:

• the established minimum has not been increased during the period for which the debt is collected;
• the recipient’s refusal to recalculate is enshrined in the alimony agreement.

Since alimony debt is collected on the basis of a court decision, the issue of debt indexation is also resolved in court. You can submit a request for indexation immediately after the court makes a decision to collect the debt.

If the payer violates the payment procedure after recalculation, the court will oblige him to pay a penalty in the amount of 0.1% (one tenth of one percent) of the total amount of the debt (RF IC, Article 115).

Reasons for doing it

Debt indexation is necessary to adjust the amount of debt taking into account the cost of living, the ratio of prices and income. If indexation is not carried out regularly, this will lead to depreciation of the debt.

Does the statute of limitations apply to child support cases? Absolutely yes. So, for example, a debt can be indexed only for the last three years if the payer paid the established amount, but then, for some reason, stopped doing so.

The alimony debt will be indexed in full (without a statute of limitations) if the payer:

• Concealed the size of his real income;
• Had a place of work without official employment or received a gray (black) salary;
• Didn't pay the required amount in full.

The recipient of alimony has the right to apply for indexation as soon as it becomes known that the cost of living for the child has been changed. According to innovations in the legislative sphere, when the amount of payments is up to 25 thousand rubles, the responsibility for adjusting them rests with the payer’s employer.