Alimony in a fixed amount: step-by-step procedure for filing a claim, sample statement of claim for 2021

Raising children and providing them financially until adulthood is the main responsibility of parents. Any issues related to family relationships in our country are resolved on the basis of the Family Code. It determines the persons in whose favor alimony is withheld and their amount is calculated.

Article 81 of the Family Code explains how to calculate child support depending on the income of the second parent (or other person from whom it is withheld) and the number of children.

Appointment of alimony in a fixed amount of money

Alimony in a fixed amount should be understood as payments for children and other persons in a fixed amount. They are assigned as a multiple of the subsistence minimum in the recipient’s region of residence and are subject to indexation according to the increase in the size of the subsistence minimum.

If there is no established minimum, the all-Russian indicator is used.

Grounds for assigning alimony

The grounds are described in Art. 83 RF IC. You can collect alimony from the TDS for a minor if the payer receives a salary in foreign currency and does not have a permanent income. The court may also establish fixed payments if alimony shares do not meet the interests of the child.

Alimony as a share of salary is collected only for minor children.

All other recipients can only demand a fixed amount in court:

Spouse and ex-husband.
An adult child with a disability.
Parents.
Stepmother and stepfather.
Grandmothers and grandfathers.

Amount of alimony in a fixed amount

When determining the amount of payments, the court tries to preserve the child’s previous standard of living as much as possible. The financial situation of the parties and the level of PM for minors in the region are taken into account. The difference between shared alimony and a fixed amount is that the first method directly depends on the amount of income, and the second is assigned regardless of the payer’s income level.

Even if the defendant does not have a job and does not receive government benefits, child support in the TDS can be recovered.

There is a third option - the assignment of mixed alimony, when the alimony obligee pays both a percentage of the salary and a fixed amount from additional income: renting out an apartment, entrepreneurial activity, etc.

What does the payment amount depend on?

Child support for the first child and its amount depends on several factors, each of which must be taken into account, such as:

how much you need to pay is dramatically affected by the presence or absence of an agreement between spouses on voluntary payment;
how the accrual will be made, as a percentage or in a lump sum (flat amount);
availability of work, payer status and other circumstances of his social status will influence the amount of payment that will be calculated;
the size will be influenced by the social status of the person with whom the child remains;
the payer now has a second, officially registered family, as well as children in this marriage;
the alimony applicant has a family and children not in common with the payer.

How to collect alimony in a fixed amount

Contents and sample of the statement of claim

There is no established form of claim for the collection of alimony, but the requirements of Art. 131 Code of Civil Procedure of the Russian Federation and provide complete information about the case:

Full name, passport details, date of birth, registered address of the plaintiff;
Full name, place of residence and work of the defendant;
Dates of marriage and divorce, information from marriage certificates;
Full name, dates of birth of common children;
Claims for the recovery of payments in a fixed amount, indicating the grounds;
Date of registration and signature of the plaintiff.

Sample claim

Documentation

When applying to court, the following must be submitted along with the application:

Passport.
Copies of marriage, divorce, and birth certificates.
Receipts confirming expenses for the child.
Certificates of income of the defendant (if any).
Certificate of your own salary.

If the plaintiff does not have certificates of the defendant’s earnings or other documents, during the preliminary hearing (conversation), the court may request them from him independently.

State duty amount

Plaintiffs in cases of alimony collection are exempt from paying state duty (Article 333.36 of the Tax Code of the Russian Federation), it is collected from defendants. You will have to pay 150 rubles if payments are assigned to a child, and 300 rubles. – when claiming alimony for a spouse.

Learn more about the amount and procedure for paying state fees for alimony.

Application processing time

In accordance with Part 2 of Art. 154 of the Code of Civil Procedure of the Russian Federation, cases of collection of alimony are considered for no more than 1 month. The failure of the defendant to appear is not grounds for extending the deadline, but the meeting may be postponed if he warns about this in advance and provides evidence of valid reasons for the absence.

Learn more about the procedure and time frame for considering a claim for alimony in court.

Collection of alimony in mixed form

Collection of alimony in the amount of the subsistence minimum

What should be in the statement of claim

If you file a claim, then you will definitely need to provide all the information about the child and parents. Also indicate whether you currently live with your second spouse or not. List all the expenses you have during the month. It will be great if you can document everything. To do this, you need to attach copies of receipts to the statement of claim.

The application can be submitted to the Magistrate's Court. Do not forget to indicate in the application how many children the defendant has. Here you will need to indicate what percentage of his income you expect.

Here is a short list of documents that must be attached to the application:

birth certificate of a son or daughter;
certificate confirming marriage or divorce;
copies of passports;
copies of expense documents, sales receipts.

If other documents are needed, they will definitely say so at the court hearing.

Agreement on alimony in a fixed amount

According to Art.
99 of the RF IC, citizens can draw up agreements on the payment of alimony during marriage or after divorce. This can also be done during the divorce process. An alimony agreement is a document by which parents independently determine the amount of alimony and the frequency of payments. Their amount cannot be less than the amount of alimony that could be collected through the court (Article 103 of the RF IC).

How parents can formalize an agreement:

Agree when and in what amount alimony will be paid.
Write down the individual terms of the agreement in a draft.
Contact a notary to draw up the document, having previously paid the state fee.
Receive certified agreements - each party is given one copy, the third remains in the archives of the notary.

The agreement has the force of a writ of execution. If the payer stops transferring money, the recipient can submit an agreement to the organization at his place of work or to the bailiffs

Contents and sample agreement

What information should be contained in the agreement:

Full name, registration addresses, passport details of the parties.
Information about children and birth certificates.
Amount, procedure and timing of payment transfer.
Responsibility for failure to comply with conditions.
Date of preparation and signature of the parties.

Sample agreement

If the parties want to change the amount of alimony, it is enough to draw up an additional agreement to the main one by mutual agreement. This is also done through a notary.

Terms of payment

Since each of the parents, both father and mother, is legally obligated to support their child until he reaches adulthood, in the event of a divorce or one of the parties does not want to live with the other, there are grounds for collecting child support payments from her.

There are a number of cases when you can claim payment of compensation for child support, namely:

Compensation payments are accrued only if the relationship is officially established or the payer has carried out the adoption procedure. Official establishment of paternity can be reflected in the birth certificate (column father), in accordance with a court decision to establish paternity, or in a document establishing paternity (issued by the territorial department of the registry office).
Alimony can be paid by the second party when the first can prove that the potential payer is not fulfilling its obligations to the child regarding his maintenance (evading material support).
Child support for 1 child in 2021 is calculated only until the child reaches the age of majority (or if there is a documented disability).

Changing the amount of alimony

The amount of alimony can be changed up or down. To do this, you need to know the grounds for going to court.

Increase in size

It is possible to increase the amount of alimony by drawing up an agreement or going to court. The recipient may file a claim if the following grounds exist:

Significant reduction in salary levels. When assigning alimony, the financial situation of both parties is taken into account.
Job loss.
Deterioration of financial situation for good reasons: assignment of alimony, birth of another child, etc.
Receipt of disability, deterioration of health, and therefore the recipient is unable to work.
Illness of a child for whom funds are paid. Here it is possible to recover additional amounts on the basis of Art. 86 RF IC. Current and future treatment costs are divided equally between the parents.
A sharp increase in prices for essential goods, provided that the claimant's earnings remain unchanged.

The payer can also increase alimony voluntarily

Sample claim

Downsizing

The legislation does not establish the exact grounds for reducing the amount of alimony; the courts make individual decisions in each case, taking into account the circumstances.

You can go to court with a claim to reduce the amount of alimony in a fixed amount to the payer in the following cases (Article 119 of the RF IC):

The financial situation has worsened for a good reason: the emergence of other alimony obligations, the need for care and treatment of a close relative, a decrease in income, a reduction in work, dismissal.
Change in the recipient's marital status. If a woman gets married and the new spouse recognizes himself as the father of the children, the payer’s alimony obligations are canceled.

Alimony obligations may be terminated on the basis of Art. 120 IC RF. For example, if the child turned 18 years old, the payer died, or the children were adopted by another person.

Important! A significant increase in the recipient’s income level is not a reason to reduce the amount of payments. Even if a woman earns 10 times more than her ex-husband, she will have to pay the money.

Responsibility for non-payment of alimony

Sometimes, after a divorce, one of the parents, not wanting to pay money for the maintenance of the children, begins to evade this responsibility in any way: does not report his whereabouts, works unofficially, or receives a salary equal to the minimum wage.

In this case, according to the law, there are two types of liability: civil and criminal. He bears civil liability for failure to comply with a notarial agreement or writ of execution.

For each day of non-payment, penalties are charged. The defendant must repay the resulting debt along with the amount due withholdings. The amount of the fine for non-payment of alimony is established on the basis of the Family Code.

In some cases, it is possible to contact bailiffs. They can block the alimony provider’s accounts or withdraw the required amount from them.

For malicious evasion of one's duties, the payment of fines or forced correctional labor, and even imprisonment are provided. The term of arrest and the amount of fines are determined by the court on the basis of the Criminal Code. Being punished does not exempt you from paying alimony, that is, a negligent parent, once released, is obliged to continue paying money to his children.

Changing the form of alimony

Depending on the situation, the claimant may apply to the court to change the form of collection of alimony established in the original court decision.

From interest to hard money

The claimant has the right to transfer alimony with a share into fixed amounts if the payer loses his job, receives a “black” salary or does not have a stable income.

Procedure:

The amount of expenses per child is calculated. To do this, you need to collect all receipts for expenses and add up the amounts received.
A lawsuit is filed. The claims indicate a change in the method of collection with justifications, referring to the provisions of Art. 83 RF IC.
After receiving the court decision and writ of execution, the ID is submitted to the FSSP.

If alimony was transferred by the accounting department at the place of work and the payer continues to work there, the writ of execution is transferred to the same place. Starting next month, alimony payments will be received in a fixed amount.

From a fixed amount of money to interest

The transfer procedure is relevant if the person liable for alimony has found a new job or another official source of income from which payments under Art. 81 IC RF.

Important! For one child, 1/4 of the income is collected, for two - 1/3, for three or more children - 1/2. The total amount of deductions from wages, taking into account possible debts and alimony for other relatives, cannot exceed 70% (Article 99 of the Federal Law of October 2, 1997 No. 229-FZ “On Enforcement Proceedings”).

Procedure for withholding alimony

Deductions are made by the employer's accounting department if the parent paying child support has an official salary. They are calculated from all types of earnings and from almost all benefits. The only exception may be the benefit that an employee receives in connection with the birth of a child.

The law also limits the amount of deductions. According to Article 138 of the Labor Code, they cannot account for more than half of the employee’s income. However, in some cases their size may be higher.

Example

An employee of the enterprise received 2 writs of execution. According to one, he must pay funds in favor of 3 children from his first marriage. The amount of deductions should be 50%.

According to the second, he must transfer 8 thousand rubles for the maintenance of his second wife.

The citizen’s income after paying 13% was 30,000 rubles.

The children should be deducted 15,000 rubles from him. And 8 thousand - for the second wife. The total amount of deductions should be 23 thousand, which significantly exceeds the 50% required by law. In cases where money is withheld in favor of minors, it is allowed to deduct up to 70% of income, which equals 21 thousand rubles. This amount will be divided proportionally between the two spouses:

21,000 * 15,000: 23,000 = 13,695.65 rubles. - will be received by the first wife of a citizen.
21,000 * 8000: 23,000 = 6,720 rubles. – alimony for the second wife.
The remaining funds are 23,000 - 21,000 = 2,000 rubles - a debt that will be gradually paid.

If an employee also has deductions from wages based on writs of execution or fines, then first of all, alimony is always calculated and withheld.

Attention! If a citizen pays funds for the maintenance of children from different marriages, then all transfers are made simultaneously.

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:

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).
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.
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.

How do they look for alimony defaulters?

The activities of the Federal Bailiff Service FSPP, as an executive body, are carried out using legal actions and performing functions to supervise the collection of alimony. The first such units began to operate in Moscow and Buryatia. The main goal of creating such units is to minimize the number of parents who evade paying child support.

The activities of this service in 2015 were very effective.

Thanks to the activities of the FSPP service, many people who evaded child support payments were found and punished.

In addition to standard search methods, information technologies were also used. Using a search through social networks, we were able to find draft dodgers who kept changing their place of residence.

Another effective measure - changes in the law concern the punishment of draft dodgers whose debt exceeds 10,000 rubles - a ban on traveling abroad of Russia. But as practice shows, the number of people who do not pay alimony is growing every year and they cannot be intimidated in this way, since most of them do not intend to leave the country.

But the most radical method is to initiate criminal proceedings against persistent defaulters, leading to imprisonment for up to 12 months. The high efficiency of the territorial bodies made it possible to begin working in other regions of Russia in 2021.

Lawyer's answers to questions about alimony in a fixed amount

Is it possible to collect alimony in a fixed amount if a person works?

Yes, if the amount of alimony in shares does not correspond to the interests of the child (Article 83 of the RF IC)

What happens to fixed alimony payments if the cost of living decreases?

Payments in a fixed amount directly depend on the minimum cost of living per child. If it decreases, alimony remains the same, it is simply not indexed

Is it possible to collect alimony in a fixed amount if the defendant is registered as unemployed?

Yes, but, most likely, the court will order you to pay 1/4 of the unemployment benefits. It all depends on the financial situation of both parties

Will it be possible to collect alimony in a fixed amount from an entrepreneur?

Individual entrepreneurs often have unstable earnings, which is the basis for the appointment of fixed alimony (Article 83 of the RF IC). In most cases, courts make positive decisions on such claims.

Can I change the amount of alimony due to the fact that my ex-husband has not worked anywhere for a long time and collect it in a fixed amount? There is already a court decision according to which the ex-spouse is obliged to pay 25% of income. Where should I contact?

To establish a new procedure for collecting alimony, you need to go to court again, providing evidence of the need for change.

I plan to collect alimony from my ex-spouse. As far as I know, his income is about 60,000 rubles. I wouldn’t mind if he paid me 10,000 rubles a month. Can I ask the court to establish exactly this amount of alimony?

If the child’s father’s income is stable and can be officially confirmed, then the court will set the amount of payments at 25% of his income, provided that this is his only child. In your case, collecting alimony in a fixed amount is not practical, since this method is used in cases where the parent has an unstable income or is completely unemployed.

I am applying for child support for the child’s father, but I know that he is not officially employed anywhere. How much should he pay?

If the child’s father does not work, then alimony must be collected in a fixed amount. It is calculated based on the minimum subsistence level established in the region and is, as a rule, 50%. However, the final decision is made by the court, taking into account all the circumstances of the case.

My ex-husband and I want to formalize an agreement on the payment of alimony. His salary is 50,000 rubles. To draw up an agreement, do we need to take certificates of income and present them to a notary or can we determine the amount ourselves?

You can contact a notary with a ready-made draft agreement. The main thing is that there are no contradictions between you and your ex-spouse. For one child, he must pay 25% of his earnings, that is, with a salary of 50,000 rubles, the amount of alimony will be 12,500 rubles. You can specify this amount or increase it if the payer does not object.

I am being charged alimony in a fixed amount. But now I don't work anywhere. Where can I apply to cancel alimony?

The obligation of parents to support their minor children is enshrined in law and you cannot refuse to fulfill it, even if you do not have a job or income. However, you can apply to the court to reduce the amount of alimony if you prove that your financial situation has changed.

I officially work and for several years I have been deducted child support for my son in the amount of 25% of my salary. But the ex-wife decided that she wanted to establish a fixed amount of payment and went to court. The court ruled in her favor, but I do not agree with this decision. Is it possible to do something in this case?

You need to appeal the court's decision, indicating in the appeal that you have a permanent job and income. Most likely, such a decision will be canceled and the previous method of collecting alimony will be returned.

My ex-wife wants to sue me for alimony. I work, but not officially. How much can the court collect from me? Can we agree peacefully?

If you cannot prove your income, the court may impose half the subsistence minimum. If, for example, in your region the cost of living per child is 11,000 rubles, then the amount of alimony will be 5,500 rubles per month. If you do not mind paying a large amount, then you can draw up a notarial agreement with the child’s mother, in which you establish the amount of payment.

My wife decided to collect alimony for the maintenance of our child. I am not officially employed, but I have income. I cannot document them. My wife asks for 18,000 rubles a month, but I think this is too much. I heard that for those who are not officially employed, the amount of alimony is equal to the subsistence level. Is it so?

In your situation, the amount of alimony will be determined by the court based on the established minimum subsistence level. In the statement of claim, your spouse can indicate any amount, but she must justify her claim to the court and provide calculations of the child’s monthly expenses.

According to the court decision, the father of my child pays alimony in the amount of 10,000 rubles. He is officially employed, but his “white” part is only part of his salary, but together it’s about 60-70 thousand. Now he has decided to refuse to pay the fixed amount and wants to go to court. I can confirm that I spend over 10,000 rubles per month on a child. Can the court rule in his favor?

The child’s father has the right to apply to the court at any time to reduce the amount of alimony, but there must be good reasons for this and it is not a fact that the court will consider them as such. You, in turn, need to provide a calculation and confirmation of the child’s monthly expenses.

By agreement with my ex-wife, I pay child support in a fixed amount. But I make all the transfers from my mother’s card. If some dispute arises with my ex-wife, will I be able to prove that these payments were alimony?

If when making a transfer you do not indicate the purpose of the payment, then it will be extremely difficult to prove that the money transferred from your mother’s card is alimony. In the purpose of payment, it is necessary to indicate that you are transferring alimony for the maintenance of the child, indicating his full name and the full name of the payer.

Calculation example

Ivanov P.I., by court decision, pays an amount equal to 2 subsistence minimums established for the city of Moscow.

In 2021, when the court made this decision, its figure was 13,300 rubles. Consequently, Ivanov P.I. paid 26,600 rubles.

In 2021, the indicators have increased, and the minimum is now 13938. To calculate the indexation level, you need 26,600: 13,300 * 13,938 = 27,664.

There is another way to calculate indexation. We determine the ratio of the new minimum indicator to the old one and multiply by the amount of established payments:

13 938 : 13300 = 1,04
1.04 * 26600 = 27664 rub.

Either way, the amount will be the same.

Let's take a closer look at examples of how alimony is calculated in different situations.

Example of calculation for one child

Let's look at an example of how child support is calculated for one child. The general procedure looks like this:

The employee is paid his salary for the period worked (month) in accordance with his position and employment contract.
A tax of 13% is withheld from the salary.
The calculation of alimony under a writ of execution or a notarial agreement is made from the remaining amount.
The funds received are transferred to the specified account.

An employee of one of the enterprises has a salary of 45,000 rubles per month under an employment contract. It is necessary to calculate the deductions for his child who has not reached the age of majority. According to the writ of execution, their amount should be 25% of income. In addition, the employee is entitled to a tax deduction of 1,400 rubles.

To calculate the amount on which tax will be withheld, you need to subtract the amount of tax deduction from your salary: 45,000 – 1,400 = 43,600 rubles.
We calculate the tax: 43,600 * 13% = 5,668 rubles.
We determine the amount of net income: 43,600 – 5668 = 39,332 rubles.
Alimony will be calculated from this amount. Their size is equal to a quarter of income. This means 39,332 * 25% = 9883 rubles. - the amount that must be transferred to support the child.
The employee’s salary will ultimately be: 39,332 – 9883 = 29,449 rubles.

For two children

Deductions in favor of two children are calculated in the same way. However, in this case, a tax deduction is provided for everyone, that is, 1,400 * 2 = 2,800 rubles are subtracted from the salary before calculating personal income tax. And the percentage of alimony is 33% of income.

45,000 – 2800 = 42,200 rub.
42,200 * 13% = 5,486 rubles. – Personal income tax
45,000 – 5486 = 39,514 rubles.
39,514 * 33% = 13,039 rubles. – child support for two children

As a result, the employee will receive “clean”, without deductions and taxes - 38,211 rubles.

For three children

If an employee has three or more children, then he is obliged to transfer half of his income to their maintenance. The tax deduction is 1,400 rubles for two children and 300 rubles for a third child. That is, 5,800 rubles are deducted from the salary before taxation:

45,000 – 5800 = 39,200 rub. – taxable part.
Personal income tax from it will be 5096 rubles.
45,000 – 5096 = 39,904 rubles. is the employee's income. Child support will be calculated from this amount:
39,904 : 2 = 19,952 – these are the funds that will be transferred to the children.

And the same amount is due to the employee.

Calculation for less than a month

If the writ of execution contains the date from which alimony is calculated, and it does not coincide with the calendar beginning of the month, then payments will be calculated from the day indicated in the document. Let's say it's April 20th.

There are 21 working days in April. Funds are credited within 9 working days.

We calculate the employee’s income for this period, if his monthly salary is 40 thousand rubles: 40000: 21 * 9 = 17142.85

Next, we calculate personal income tax: 17142.85 * 13% = 2228.57
The salary for the billing period will be: 17,142.85 – 2228.57 = 14,914.28
Payments for the child will be calculated from this:

14,914.28 * 25% = 3728.57 rub.

Accordingly, at the end of the month, the employee’s salary, after transferring the tax, will be reduced by this amount.

Reducing the amount of payments

In the Russian Federation, it is required to pay 25% of the amount of the alimony worker’s earnings, but there are situations when the payer has the right to reduce the amount, including:

acquisition of disability by the payer (according to the law, the amount of payment can be reduced only if the defendant was able to register 1 or 2 disability groups);
Payments are collected in a smaller amount if the payer has one or more minor children in another marriage;
There is also a third case associated with several children - when the defendant pays alimony to two or more children from different mothers (In such a situation, one is entitled to 25% each, since they are in different families. But the situation is exceptional and most likely the court will decide to reduce the amount payments);
if, after the alimony holder divorced, his son or daughter began entrepreneurial activity or began to receive other legal income, the defendant has the right to demand a reduction in the payment;
The collection of child support can be reduced if the father (mother) has an excessively high income and the amount of funds paid exceeds all the needs of the child several times.

What is the amount if the child is disabled?

The amount of child support for 1 child if he is disabled will be the same as for other children - 25%. The procedure for collecting alimony is exactly the same as under normal conditions.

You can increase the amount of alimony payment in court by providing the judge with documents confirming your disability and treatment expenses.

It won’t be possible to raise the percentage, but setting payment in a fixed amount is fine.

In addition, disability allows you to extend the period of payment of alimony, even if the offspring turns 18 years old.

How much should an unemployed father pay?

If, after the spouses were able to divorce, the child’s father became unemployed, this does not relieve him of his responsibility for supporting his offspring.

In most cases, the procedure for collecting alimony is as follows:

The mother goes to court with a request to oblige the other party to pay for the child’s maintenance.
The court makes a decision to assign a fixed amount.

Thus, the father is obliged to pay for one child the amount assigned by the court in the amount of 7,525 rubles (current for 2018).

The order of payments is also indicated in the court decision.

If the defendant registers with the labor exchange, he pays for the maintenance from unemployment benefits, as mentioned earlier, the amount is set at 1,491 rubles.

Thus, to the question of how much child support an unemployed father should pay, the answer is given above.

Child support new law

Currently, a huge problem is that many alimony providers become debtors, and their children are left without the required financial assistance, therefore the alimony laws of 2021 are primarily aimed at combating debts, the main points regarding the collection procedure and methods of calculation have not undergone any significant changes.

Bill No. 277183

Last year, the State Duma adopted for consideration a bill that provides for an alternative to alimony payments in situations where it is not possible to establish the place of residence of the alimony payer or he is listed as missing.
In such situations, the federal Pension Fund is obliged to transfer funds in favor of minor children, which will be called a “survivor’s pension.” The alimony recipient has the right to submit an application to the judicial authorities after one year from the start of the search.

In addition, the law proposed:

Set a maximum period (1 year) for bailiffs to find the debtor; After a year has passed, the enforcement proceedings must be closed, and the claimant is invited to a consultation to help draw up a claim to declare the payer missing.
After a positive court decision is made, a survivor's pension will be issued in the child's name.
Currently, this bill is in the process of being finalized and, most likely, will never be translated into reality.

Federal Law-309 dated October 30, 2017

This law on the payment of alimony proposed to amend paragraphs 2 and 3 of Article 27 of the Code of Administrative Offences. According to the new rules, bailiffs have the right to independently detain alimony defaulters, without involving police officers. They can also now deliver violators to departments so that they can explain their actions.

The changes also affected the form of punishment for arrears of alimony; now the evader is subject to administrative penalties, which can be expressed in the form of:

correctional labor;
penalties up to 20,000 rubles;
administrative arrest for 10-15 days.

Important! To apply any sanction to the alimony provider, he must first be called to an appointment to give an explanation. As practice shows, the new bill was able to reduce the time of inquiry and somewhat facilitate the fight against debtors.

FZ-321 dated November 14, 2017

Thanks to Federal Law No. 321, changes were made to Article 117 of the Family Code and the Law “On Enforcement Proceedings” in the area of improving the collection of alimony.

Now the responsibility for indexing financial assistance to a minor child lies with the management of the organization where the alimony worker works, and it does not matter who presented the writ of execution - the claimant or the bailiff. The employer is obliged to independently increase alimony in a fixed amount every quarter, based on adjustments to the regional cost of living.

Previously, indexation was carried out by bailiffs, but according to the new rules, this burden has been removed from them, and, as a result, the protection of children’s rights to receive alimony payments in the amount provided by law has improved.

Bill No. 221778-7

On the basis of this bill, amendments were made to the Civil Code of the Russian Federation, aimed at eliminating the possibility of foreclosure on social payments within the framework of enforcement proceedings.

There are certain types of income that cannot be levied, so State Duma deputies proposed creating special social bank accounts for individuals receiving monetary compensation from the state (accrued alimony, survivors' pensions and compensation for harm to health).

Thus, only an ordinary citizen can open a special account, and income that is not subject to recovery as part of enforcement proceedings will be credited to it.

If the integrity of the social account is violated, the responsible person will be required to pay a fine of up to 50,000 rubles; if the bank violates this requirement, the fine amount will increase to 1 million rubles. This law on alimony was adopted in the first reading.