Statement of claim for the recovery of alimony in a fixed sum of money (2021 sample)

Grounds for filing a claim in court

The obligation of parents to financially support minor children is spelled out in the Family Code of the Russian Federation. Parents can determine the procedure and form for providing funds for child support on their own. All conditions are specified in the alimony payment agreement. The agreement must be certified by a notary.

For information on how to correctly draw up an agreement on the payment of alimony, read the article: Settlement agreement on the payment of alimony - form, sample, drafting

If the parents were unable to peacefully agree on the maintenance of their common child, the court will determine the amount and method of collecting alimony.

Child support can be recovered as a percentage of the parent’s income:

• in the amount of 25% per child;
• for two children – 33%;
• for three or more children – 50%.

If the payer does not work, is not officially employed, or receives income in kind or foreign currency, it is impossible to collect alimony in shares. The parent with whom the child remains can file a claim for alimony in a fixed amount. In this case, the amount of alimony is determined by the court.

The court takes into account the financial and family situation of the parents and the ability to provide the child with the same level of support.

Need advice on the issue of collecting alimony? Our lawyers will answer your question free of charge and in as much detail as possible. Fill out the application form below or write to the duty consultant on the website.

From what income are deductions allowed?

The income from which alimony is collected includes:

• official salary;
• fees, bonuses;
• interest on deposits;
• social benefits;
• unemployment benefits;
• copyright income;
• income from individual entrepreneurs;
• profit from participation in an LLC;
• rental income.

Evgeniy Baidalin

Family lawyer. Work experience more than 10 years

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Deductions are not made from travel allowances, maternity allowances, lump-sum payments, child benefits, or survivor benefits.

If income is unknown

If the parent’s source of income is unknown or is greatly reduced compared to the real wage in the region (in January 2019, the average monthly salary in the Udmurt Republic was 31 thousand 144 rubles), then the bailiffs, as part of enforcement proceedings, will study income and search for property. They work only on the basis of official documents: certificate 2-NDFL and data from the Pension Fund, but they can transfer information to the Federal Tax Service for the city of Izhevsk or the Territorial Body of State Statistics.

Deductions for individual entrepreneurial activity

The Family Code regulates payments from a person registered as an individual entrepreneur. They correspond to the percentage system: 25% for one child, 33% for two, 50% for three or more. Calculated based on the company's net profit after taxes . It is confirmed by a tax return submitted to the court for proof.

If an individual entrepreneur’s income and expenses fluctuate, alimony is calculated based on the country’s average earnings. An agreement between parents is possible, in which one of them deducts a certain percentage of the profits.

How to apply for alimony in a fixed amount

Detailed instructions:

1. calculate alimony based on the cost of living in the region. In its absence, use the all-Russian indicator;
2. prepare a statement of claim and collect documents;
3. submit a package of documents to the court office;
4. take part in court hearings;
5. receive an extract of the court decision and a writ of execution;
6. transfer the claim to the payer organization.

If the place of work is unknown, submit the writ of execution to the bailiff service.

The indexation of alimony is carried out by a bailiff or an accountant of the enterprise, in the event of a new minimum subsistence level being established.

Alimony is paid no later than three days from the date of accrual of the payer’s income.

Deadline for payment of alimony by employer

Procedure and results

The case is being considered as a claim proceeding. It is impossible to issue an order in this case.

The outcome of the review will depend entirely on the evidence provided by the parties. The plaintiff must justify why exactly the amount indicated by him is required to meet the needs, and the defendant can try to reduce it.

After the decision is made and it enters into legal force, the plaintiff receives a writ of execution and submits it to the bailiff service for execution.

How to calculate a fixed amount of alimony

Child support is calculated taking into account the financial status of both parents and the child’s previous standard of living.

The procedure for calculating alimony in a fixed amount:

• calculate monthly expenses for a child;
• compare your salary and child expenses;
• establish what and how much income the defendant has;
• find out the cost of living in the region.

Example: In a marriage, parents spent 30 thousand rubles monthly on a child from the general budget (clothing, food, education). Mother's salary is 17 thousand rubles. My father's salary is 75 thousand rubles. The father has additional income from renting out an apartment. This is 15 thousand rubles monthly. The plaintiff’s total income for the year is 204 thousand rubles. The defendant’s total income is 1,080,000 rubles (salary 900,000 rubles + rental income 180,000 rubles). The cost of living in the region is 12,300 rubles. The application indicates the collection of alimony at twice the minimum subsistence level. The financial situation of the defendant is much better than the plaintiff, so the court satisfied the claims.

Changing the amount of alimony

The amount of alimony varies depending on the circumstances. To do this, one of the parties must go to court.

Increase in share

The parent has the right to petition the judge to increase child support. Relevant reasons are changes in prices, changes in the payer's income, and the death of a parent living with the child.

Downsizing

The alimony payer can apply to reduce contributions for one of the reasons: a change in the financial situation, the birth of a child, the incapacity of one of the relatives, illness, or disability. The reason for the reduction may also be that the child has a job upon reaching 16 years of age or exceeds his needs.

In a fixed amount of money

RF IC in Art. 83 obliges the payer, in the absence of employment, receiving a salary in foreign currency or natural products, to make deductions for the child in a fixed amount.

Such payments are tied to the cost of living established in the region. Due to the equal number of responsibilities for both parents, the amount is divided in half. Depending on the child’s social status (presence of diseases, sports activities, etc.), the court may impose additional costs.

To protect against inflation and price surges, fixed payments are indexed depending on the increase in the cost of living.

Claim for the recovery of alimony in a fixed sum of money (sample)

The legislation does not establish the form of the statement of claim, but it must be drawn up according to the rules of Art. 131 – 135 Code of Civil Procedure of the Russian Federation. If the filling rules are violated, the claim will be returned.

Required Criteria

In order for alimony to be established in a fixed amount, the payer must meet one of the criteria:

• He receives irregular income (the frequency is not established or the amount of earnings varies significantly from period to period).
• The payer has no official income at all.
• He receives earnings in foreign currency.
• The payer is paid income in kind (for example, certain goods).
• His earnings are not enough.

The court may take into account other reasons that indicate the need to assign alimony in a fixed amount.

Need help filing an application for child support debt? The answer is presented in the article “How to draw up a statement of claim for the calculation of alimony debt.” You can find out how to submit an application to the accounting department for alimony here.

Requirements for the content of the statement of claim

When filling out the application, you must provide the following information:

1. name and address of the judicial authority;
2. plaintiff's details:

• Full name and date of birth,
• passport data,
• registration address,
• plaintiff's income;

1. respondent details:

• Full name and date of birth,
• passport data,
• registration address,
• place of work,
• the defendant's income;

1. information about the child:

• FULL NAME,
• date of birth of the child,
• birth certificate details;

1. living wage in the region;
2. calculation of monthly expenses for the child during the period of residence with the defendant;
3. a list of attached documents;
4. date and signature of the plaintiff.

The court clerk accepts the application and issues a notice of registration of documents.

Debt on alimony

For failure to fulfill payment obligations, the payer bears legal liability (including penalties). If it is impossible to reach a compromise, one of the parents may go to court.

Collection through court

There must be two grounds for going to court:

1. Lack of notarial agreement.
2. No compromise.

Also, money can be recovered for the past period (no more than 3 years) if there is evidence of evasion.

Which court should I go to?

Issues related to alimony after a divorce are resolved in the judicial district of the Magistrate's Court. The district court regulates only cases where a case of restriction or deprivation of parental rights is simultaneously initiated.

Evgeniy Baidalin

Family Lawyer. More than 10 years of experience

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You must apply to the Magistrates' Court depending on the area of ​​residence of the defendant. If the current address of residence is unknown, documents are submitted at the place of residence of the plaintiff.

Example of a statement of claim for alimony

If the payer has an official job and regular income, the case can be considered in a simplified form. It takes 5 days and does not require the presence of the parties. The recipient of alimony must come to court with an application for a court order.

In Judicial District No. ___ Oktyabrsky District of Izhevsk (name of the court)

Plaintiff: _______________________ (full name, address of the applicant)

Defendant: ____________________ (full name,

______________________________ address of the person obliged

______________________________ pay child support)

STATEMENT OF CLAIM for the recovery of alimony for a child (children)

________________ I got married to _________________________ (date) (full name and address of spouse)

and lived with her (him) together ___________________________________ ______________________________________________________________________ (indicate the month, year until which they lived together; if the marriage has already been dissolved, then indicate the date, year of dissolution)

We have a child(ren) from our marriage _____________________ ______________________________________________________________________ (name, date, month, year of birth)

The child (children) is (are) dependent on me; my spouse does not provide financial assistance for his maintenance. The spouse does not have another child (children), and no deductions are made from him (her) according to executive documents. In accordance with Art. Art. 80, 81 of the Family Code of the Russian Federation,

ASK:

Collect from ______________________________________________________________ (full name and address of residence, work of the person obligated to pay alimony)

__________________ year of birth, native _______________________ (city, region)

in my favor child support for _____________________________________________ (name and date of birth of each child)

in the amount of _____ part of all types of earnings monthly, starting from the date of application (specify) until his/her adulthood.

Appendix: 1. Copy of the statement of claim. 2. A copy of the marriage certificate (divorce certificate, if the marriage is dissolved). 3. A copy of the birth certificate of the child (children). 4. Certificate from the place of work of the person obligated to pay alimony, about the amount of salary and about deductions. 5. Certificate from housing authorities confirming that the child(ren) are dependent on the applicant.

____________/___________ "___"__________ ____ G.

In which court is a claim for alimony filed?

Where to file a claim depends on the claims made. The plaintiff himself chooses where to submit documents: at his place of residence or at the defendant’s registered address.

The claim is filed in the magistrate's court if a claim is made for the recovery of maintenance for the child. If in the application, in addition to the requirement for child support, it is necessary to establish paternity and resolve other issues related to a minor child or division of property, you should contact the district court.

How and where to apply for child support

Claim or application for an order?

Alimony can be collected in two ways:

• in an order regulated by Chapter 11 of the Code of Civil Procedure of the Russian Federation, if the demand for alimony is not related to a dispute about paternity and the defendant’s income is known in advance;
• in a lawsuit, if the dispute over alimony is complicated by a requirement for divorce, division of property, or the defendant disputes his paternity.

Expert opinion

Noskov Georgy

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Despite the fact that the bulk of claims for the collection of alimony are considered by order, a statement of claim very often has to be filed in order to simplify the procedure for considering the case in the future.

It sounds strange - after all, a court order is a simplified form of legal proceedings, but the defendant’s right to demand an unconditional and virtually motiveless cancellation of a judicial act significantly complicates the life of the alimony claimant. That is why it is better to immediately file a claim, especially since the law gives the applicant the right to independently choose the method of protecting their rights.

Reasons for refusing to accept a claim

Grounds for refusal to accept a claim:

• incomplete package of documents;
• lack of conditions for satisfying claims;
• when calculating the amount of alimony, future expenses are included;
• high claims have been made;
• the defendant's small income.

Important! The collection of alimony in a fixed amount is carried out in accordance with the procedure of claim proceedings. An application for an order will not be accepted.

There may be other reasons for refusal. In each case, the decision is made individually. The financial status of the parents and the needs of the child must be taken into account.

Who is entitled to

Any recipients can apply for “fixed alimony”:

• Children under the age of majority.
• Disabled but adult children.
• Disabled spouses (and former spouses).
• Parents of adult and able-bodied children.
• Other recipients of alimony in accordance with the law.

To establish alimony, the potential recipient goes to court (if it is not possible to reach an agreement with the payer). Further collection is carried out forcibly.