Payment of alimony: changes in legislation in 2015-2016

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Alimony obligations of Russians have often been discussed at the state and legislative level in recent years. The surge in interest was partly due to the current economic and social situation of citizens in the country. The procedure for paying alimony and the introduction of a fixed or minimum amount to be paid are discussed.

However, in 2021 the legislation remains unchanged; some provisions will be subject to targeted changes. A fixed amount of alimony, equal for everyone, has not yet been introduced even at the draft level: different groups of the population have completely different incomes, and a potential fixed value for some segments of the population may turn out to be unbearable.

The law defines alimony as a means of determining the responsibility of family members to each other and necessary for the fulfillment of certain obligations. Often, the amount of alimony may depend on the payer’s position in society and his monthly income.

Features of the new program

One of the key problems that needs special attention today is alimony defaulters.
They ignore court decisions, use various tricks to reduce the amount of payments, etc. Ultimately, criminal penalties are applied to them, but the situation has not yet changed. Last year, a number of measures were taken that made it possible to clarify the concept of “willful defaulter” in the legislation so that the courts could apply it against guilty persons. Because of this, the number of criminal penalties for evading alimony payments has increased.

At the moment, several bills are being considered to reverse the current situation, including a significant increase in payments. They propose to raise the amount to 15 thousand rubles. It does not matter whether fixed or shared payments will be established. Their size cannot be less than the minimum established by law.

Today, the amount of alimony often fluctuates between 5-10 thousand rubles, so the adoption of such a bill will significantly hit the pockets of alimony payers. There is a lot of controversy surrounding this bill regarding its implementation. After all, in the end, not all payers will be able to pay such amounts, which may lead to an increase in the number of “evaders”.

In addition, changes are planned in such areas as:

• tougher penalties for “evaders”;
• introduction of the possibility of deprivation of the right to receive alimony;
• use of new measures to influence non-payers and others.

Attention! Another way to solve the problem could be to create an analogue of the Pension Fund - alimony. The state will be transferred to it. subsidies, subsequently transferred to persons who are not paid child support. In this case, a citizen who evades payments becomes a debtor of the state, which entails a number of legal consequences.

Among other norms, in 2021 there was a change in the age of children up to which child support is required to be paid for their maintenance. This is due to the fact that education in our country is often paid and children need support because they cannot support themselves while studying. Thus, if the child is a full-time student, the alimony payer must make payments until the child reaches 23 years of age.

Child support new law 2021: interest

Reforms in the field of family law did not affect the size of the shares of income due to dependents. The values ​​remain the same, namely:

• a quarter of the income is provided per ward;
• the third - for two children;
• half - for three or more minors in need of financial support.

In 2015, payments were limited only by the interest rate. In practice, this led to parents underestimating their official income and making minimum payments.

According to the 2021 amendments, limits on the amount of material support apply. The sizes are calculated based on the living standards established in the region. If such an indicator is not regulated by local acts, the all-Russian value is taken for calculation. Due to the introduction of this requirement, it is not possible to reduce alimony to an amount designed to guarantee the normal living of the child. The purpose of introducing these measures is to create conditions for discipline in calculating payments for children and reducing alimony arrears.

Social help for mothers

The Government of the Russian Federation has taken a number of measures aimed at ensuring social services. protection of mothers who do not receive child support from fathers. This is a federal norm, so states can count on help in any region.

The main modernization of this industry is planned for 2021, but from 2021 special social networks will operate. cards for single mothers. They are necessary for their inclusion in current state programs. assistance, including for receiving one-time payments for children. This will allow them to take advantage of analogues of existing projects in which two-parent families are currently participating.

In addition, the procedure for obtaining preschool education has been simplified for children from single-parent families. They will be able to receive benefits when enrolling in a preschool educational institution, which is especially important in large cities, where placing a child in kindergarten can be very problematic.

Attention! For single mothers, the procedure for obtaining subsidized housing and purchasing new housing will be simplified. However, such measures operate at the regional level. Consequently, their receipt will depend on the place of residence of the family.

How to increase the amount of alimony in TDS?

The most important thing is to justify the amount you propose to pay the other party for the child. That is, it cannot be taken simply out of nowhere.

The court most often assigns an amount less than the plaintiff asks for, because there is no evidence that more is needed. They can serve as checks, thanks to which you can see how much the child cost the parents when the family was complete: food, training, clubs and sections, clothing, medicine, vacations, trips, even toys, experts say. — In addition, starting from 2021, it has become possible to recover money from the payer for rent for a child and a parent living with him.

Enforcement measures against persons evading alimony payments

In the middle of the previous year, against the backdrop of an ever-increasing number of alimony defaulters, the government decided to use radical measures to combat them. Taking into account the fact that now malicious draft dodgers are equated to debtors of the state, the procedure is significantly simplified.

At the moment, the issue of expanding the measures used to punish “evaders” from paying alimony is being resolved. Let's consider the measures that will be applied from 2021.

Deprivation of the right to drive vehicles

At the beginning of that year, a bill came into force providing for the possibility of deprivation of driver's licenses for persons evading child support payments. To achieve this, changes will be made to the current legislation regulating the work of the executive service. Thanks to this, they will have the opportunity, if the fact of evasion of alimony is revealed, to confiscate the driver’s license from the guilty person. This provision also applies to cases where suspicions arise regarding concealment of income or deliberate understatement. This provision will not affect the following categories of citizens:

• disabled people;
• taxi drivers;
• truckers.

Attention! Temporary withdrawal of rights can only be applied to persons who have arrears in alimony payments in an amount exceeding 10 thousand rubles.

Expanding the rights of bailiffs in relation to alimony evaders

In 2014, the government of the Russian Federation decided to create a special service that would search for persons evading payment of alimony. It involves bailiffs working with various sources of information, including the Internet. This makes it possible to significantly increase the efficiency of their work, identify violations and apply enforcement measures to the guilty parties in order to collect debts.

This year, they plan to expand their powers not only with the possibility of confiscating the rights of violators and evaders, but also with the possibility of limiting the receipt of a number of government services: processing travel abroad, passing driver’s license exams, obtaining documents from civil registry offices, and others.

Using data on defaulters in banks

A system for transmitting information about alimony defaulters to banking institutions will make it possible to limit their use of credit products. To achieve this, changes will be made to the law on the use of personal data. After this concept comes into force, it will be almost impossible for defaulters to take out a loan from a bank. In addition, the issue of unilateral termination or modification of existing contracts may be considered.

Criminal punishment of malicious evaders

At the moment, criminal punishment has already been applied against malicious evaders, and every year the number of such precedents is growing (by an average of 6% according to official data). According to the current norm, these persons can be deprived of their will for a period of up to 1 year and involved in community service for the same period.

Attention! In addition to the specifics introduced, which will allow for a more complete use of the norm, it is planned to introduce a number of amendments that will tighten the deadlines and procedure for considering such cases.

Limitation of rights to alimony in the future

This measure is currently under consideration by the Government of the Russian Federation. Its essence lies in the fact that in practice, persons who evade paying alimony often later become their recipients themselves. In order to change this situation, this norm was developed. It provides for the possibility of refusing to receive alimony (if necessary circumstances occur) to persons who have been convicted of malicious evasion of these payments in relation to their children.

Indexation of alimony

Since the amount of alimony payments at the moment directly depends on the size of the subsistence minimum, this year we should expect another recalculation, which is made based on the growth dynamics of the minimum wage and budget indicators. The exact size of indexation is not known at the moment, but experts expect that its size will fluctuate around 5.5%. In addition, regional coefficients and premiums will have a significant impact on the amount of payments.

Unfortunately, at the moment, even taking into account the tough measures taken by the state, the issue of protecting the rights of children and single mothers is still acute. This is especially true for persons evading payments who, despite the punishments and restrictions imposed on them, do not want to provide support and assistance to their own children.

From what income are payments collected?

The debtor may have income other than salary. The court takes into account all the debtor's income when calculating alimony.

7 sources of income that exist when calculating payments:

• Pension.
• Profit from renting out housing.
• Income and dividends on shares.
• Compensation for damage caused to health.
• A scholarship paid by an educational institution.
• Income from service contracts.
• Profits from private activities.

If the collector has learned about the debtor’s income in addition to wages, an application is submitted to the bailiff service. Bailiffs will check information about what additional income the debtor has. The child has the right to receive payments from all the parent’s income.

The second option is to file a lawsuit to change the payment procedure. It is more profitable to receive a fixed amount than interest on earnings.

The magistrate of court district No. 4 of the Chkalovsky judicial district of the city of Yekaterinburg changed the payment procedure. The court canceled payments in shares of earnings. Determined the amount of payments. The amount was 20 thousand rubles monthly. Grounds: Article 199 of the Family Code. The debtor's income has changed, which means the amount of payments changes.

5 steps to collect alimony:

1. Collect evidence.
2. Correctly calculate the penalty.
3. Competently file a claim.
4. Provide the bailiffs with information about the debtor.
5. Contact a lawyer if the court rules against you.

Until what age is child support paid in Russia 2021?

The issue of alimony is regulated by several articles of the RF IC. According to general provisions, children under 18 years of age have the right to alimony. That is, minors.

ATTENTION! The widespread belief among alimony recipients that a child is entitled to receive alimony until graduation is a misconception. Such an agreement can only be reached between parents voluntarily. According to the law, after reaching adulthood, a citizen loses the right to receive financial assistance from a parent. However, for another 3 years, he has the right to recover from the alimony payer amounts not paid on time.

After the age of eighteen, citizens recognized as incapacitated (disabled) retain the right to alimony. In this case, additional child support payments may be awarded to the parent who is caring for them.

In addition, according to the RF IC, the following may qualify for alimony: disabled low-income parents/spouses, pregnant wives/wives who have recently given birth.

Review of the project

The first reading of this draft took place last week.
Speaking at a meeting of the State Duma, one of the authors of the project, Oleg Nilov, said: “The most important goal, I emphasize once again, from the moment the law was adopted is to ensure that not a single child abandoned by his parents is left without bread and milk. And you think about dad, how to get into his position. I don’t have an answer right now on how to get into his position, this is a very difficult question, there are a million of them running around today, and they are all different. Therefore, there is only one goal - let’s resolve the issue of abandoned children who don’t have a penny.” “When the parents are found, and this will happen sooner or later, the defaulters must be punished with a full ruble with interest. The money will be collected: by money, by property, by various other means, by forced labor, and returned back,” he added.

As a result, this bill was rejected.

Alimony from the minimum wage in Russia 2021

On January 1 of the new year, a new federal minimum wage was established. Its size is 12,130 rubles. This figure may vary by region. Thus, the minimum child support for 2021 in Russia is not difficult to calculate. But only if they are assigned according to a standard percentage scheme.

To do this, you need to subtract 13% of personal income tax from the minimum wage, and then find 25, 33, or 50 percent of the balance. Personal income tax from the minimum wage is 1,577 rubles. That is, the alimony payer will receive 10,553 rubles in hand.

For one child, approximately 2,538 rubles will be deducted from this money, for two – 3,482 rubles, for three or more – 5,276 rubles.

It is proposed to oblige non-payers to pay rent for their child

One of the most important problems that arise after parents divorce is providing their children with housing. The current legislative norm, enshrined in paragraph 4 of Art. 31 of the Housing Code, establishes certain guarantees for former family members of the owner. They relate to the preservation of the right to use residential premises for former family members and the possibility of the court imposing the obligation to provide them with housing on the former spouse.

Due to the high cost of acquiring real estate property, the most optimal option is when a parent living separately from his children will be obliged to pay for their rent (rent) of housing. This initiative was taken by the Ministry of Justice of the Russian Federation, which began to develop a corresponding bill. It is possible that already in 2021, a norm regulating the procedure for establishing “housing alimony” will be enshrined at the legislative level.

Child support debtors will lose their driver's licenses in 2016

Already, more than three hundred debtors may be faced with the federal bill number 661379-6, which has entered into force, limiting the operation of a driver’s license in the presence of alimony debt of over ten thousand rubles.

The seizure of the right to use the vehicle will follow immediately after the application from the child’s mother to the bailiffs is accepted.

But it should be remembered that such measures will not apply to all citizens.

Exceptions will be:

1. Drivers with disabilities.
2. Drivers who have only this opportunity to earn money.
3. Living in hard-to-reach or remote settlements.
4. Those who have children who need transportation to attend a preschool or educational institution.

All traffic rules changes and fines in 2021 - what has changed?

If you ignore the ban on driving, you can receive a fine for an administrative offense in the amount of 30 thousand rubles . Such measures largely coincide with restrictions on travel abroad.

This law came into force in January of this year.