Home / Alimony / Features of drawing up an application for recalculation of alimony (sample attached)
The terms of alimony payments and their amount can be changed. To do this, you must go through a certain procedure that will legitimize new terms and amounts of financial support for people in need. In legal terms, it is necessary to perform procedural actions provided for by law that will lead to legal consequences. The key element in this procedure is the application. Depending on the possibility, situation, and method chosen, the document is submitted either to the bailiffs or to the court.
Is it possible to recalculate alimony?
The obligation to support relatives who cannot provide for themselves financially arises for able-bodied citizens on the basis of the law. In the absence of initiative on the part of the potential payer, the recipient can independently initiate collection.
The law provides for the following types of collection of funds:
- through the court;
- by agreement of the parties.
If there is an agreement between the parties, obligations regarding material support must be fulfilled voluntarily. If the alimony payer or recipient does not comply with the terms of the document, then it can be sent to the FSSP for enforcement.
A court decision (writ of execution or court order) is transferred to the FSSP at the request of the recipient. Collection activities, according to the document, begin from the moment of initiation of enforcement proceedings.
Important! Recalculation of material security is possible only if the document is submitted for forced execution to the BSC.
Recalculation is carried out in the following ways:
- through the FSSP;
- through the court.
In enforcement proceedings
The basis for initiating proceedings for the forced collection of funds is a writ of execution. In this capacity, the following are used: a court decision or a notarial agreement.
The document contains the start date of payments. As a general rule, in relation to a court decision, this date is the day the application is filed with the court. The notarial agreement independently establishes the moment when payments begin.
In some cases, it is possible to recover financial support for the previous period. Funds can be withheld up to three years before the date of filing the application with the court.
The responsibility for calculating payments for the entire period of debt rests with the FSSP. If a citizen cannot pay off the accrued debt at once, then he develops a debt.
The bailiff must periodically (quarterly) recalculate the debt and collect it forcibly. The following are used as recovery measures:
- Withholding up to 70% of wages. First of all, current payments are satisfied, the rest of the amount goes to repay the debt.
- Seizure of the debtor's property. The bailiff sets a month for the citizen to repay the debt. Otherwise, the property is seized and sold.
- Seizure of a bank account. If there is a sufficient amount of funds in the citizen’s accounts, they will be written off in favor of the recipient at a time. Otherwise, all money received into the account will be transferred to the recipient until the debt is repaid.
Important! Recalculation activities are the responsibility of the bailiff. In addition, the recipient has the right to submit an application for recalculation of alimony to the bailiffs.
As a result of the recalculation, a resolution is issued indicating the new amount of debt. Based on the resolution, the bailiff can issue a certificate of the amount of the debt if the recipient wishes to collect a penalty from the alimony provider.
In addition, the applicant may request an extraordinary recalculation of the debt. The requirement is popular when going to court. Since the statement of claim must be based on current information.
Where to contact
If there are still grounds for reducing payments, you can contact special authorities to recalculate their amount downwards. As a rule, you need to go to court, where the judge who decided the current amount of payments will take care of their reduction. Of course, if there are reasons for this.
Documents must be submitted at the place of residence of the person receiving alimony. Usually, the problem can be resolved within a month. But subject to the submission of all documents and sufficient grounds.
Application for recalculation of alimony to bailiffs (sample)
An application for recalculation of alimony to bailiffs can be filed by both the recipient and the debtor. A certificate about the amount of debt may be needed for a claim for the recovery of a penalty or for an application for cancellation or reduction of the amount of debt.
In addition, a popular reason for filing an application for recalculation of alimony debt is an error in the bailiff’s calculations. Since the calculation is not carried out automatically, the human factor cannot be excluded.
Sample application to the bailiff for recalculation of alimony:
- The document is drawn up in the name of the bailiff, who is in charge of the execution of the proceeding for the collection of funds. The application indicates the name of the FSSP department, its position and full name.
- The applicant provides personal information, residential address, and passport information.
- You must specify the name of the document.
- Information about enforcement proceedings. It includes details of the document on initiation of proceedings.
- The procedure and amount of collection of funds (for example, 33% of all types of income).
- Information about the reasons for recalculation (the amount of the calculated debt does not correspond to the actual one).
- Data on payments made (if the difference in amounts was due to payments about which the bailiff was not notified).
- Information about the impossibility of re-collecting paid funds.
- Requirements for the FSSP (recalculate, report the results).
- Description of the application.
- Date and signature.
A sample application for recalculation of alimony debt cannot be obtained from the FSSP. Therefore, the applicant can contact a lawyer to competently draft the petition.
The document is drawn up in two copies. One is sent to the FSSP office, the second must be signed by a specialist. The bailiff or secretary must put the date of receipt, stamp and signature on the document.
The document is subject to review within 1 month from the date of application. The result can be delivered in person, by mail or by email. Receiving an electronic version does not deprive the applicant of the opportunity to receive a paper original.
An application for recalculation of alimony debt can be downloaded here
How to draw up an application for calculating arrears of alimony
A person who plans to find out the exact amount of debt must prepare. You will need the number of the enforcement proceedings and brief information about the writ of execution. At least the court decision, which became the basis for issuing the sheet.
The applicant can take any order of the bailiff. Which was received during the execution of the decision. It indicates the number and date of enforcement proceedings, the official who conducts the case and performs enforcement actions. Name and date of the writ of execution. All this information is indicated in the application.
If for some reason there is no information, on the website of the bailiff service you can find all the necessary information by the last name, first name and patronymic of the debtor.
Only the party to the enforcement proceedings draws up the application. All other applicants will require a power of attorney. Moreover, the rights within the framework of enforcement proceedings must be specifically stipulated.
The applicant may indicate the reasons for filing such a request if desired. They are not required. The bailiff calculates the debt without delving into the purpose.
In litigation
An appeal to the court is necessary if the amount calculated by the bailiff significantly violates the legitimate interests of the recipient of the funds or the alimony. That is, it is unreasonably underestimated or overestimated.
Statement of claim for recalculation of alimony:
- The document is issued in the name of the magistrate. In addition, it is necessary to indicate the name of the court site.
- The applicant indicates personal data, address, civil passport details and contact telephone number.
- Similar information is indicated about the defendant. The debtor is indicated in this capacity.
- The price of the claim is established. The amount is calculated based on the estimated amount of unaccounted debt.
- Title of the statement.
- Information on the grounds for collecting financial support (details of the court decision, the assigned payment amount, data of the recipient, data of the child).
- Period and reasons for debt formation.
- The amount calculated by the bailiff (details of the resolution).
- Reasons why the applicant disagrees with the calculated debt (details of evidence documents).
- Your own version of debt calculation is given.
- Claims (change the amount of debt).
- Description of the application.
- Date and signature.
The statement of claim for recalculation of alimony debt can be downloaded here
The application must be:
- copies of the application;
- a copy of the applicant's civil passport;
- a copy of the court decision on the collection of financial security;
- a copy of the resolution on debt calculation;
- certificate of income of the payer;
- checks, receipts and other documents on which the recalculation request is based.
Important! The applicant has the right to hold the bailiff accountable for improper performance of duties. To do this, you must submit an application addressed to the head of the district department of the FSSP.
In addition, the interested party may go to court to challenge the decision on debt calculation. A period of 10 days is set for this.
An application to challenge the actions of the bailiff can be downloaded here
Terms of consideration
As for obtaining a certificate of alimony debt, its amount and duration, which is prepared by the bailiff, this may take no more than 7-10 days from the date of writing the application requesting its provision. After this, all the necessary documents, along with the statement of claim and the order from the bailiff, are transferred to the judge. According to the law, it takes no more than 30 days to consider the case and make a decision, but as practice shows, this happens much faster. They cannot refuse your application; this is prohibited by Russian law.
In a fixed amount of money
The procedure for recalculating alimony for the past period is provided for by the norms of family law. If the payment is set as a fixed amount, then it is subject to regular indexation.
The amount of indexation depends on the increase in the cost of living established in the region for minors. If a subject of the Russian Federation does not establish such an indicator, then the bailiff should focus on the average cost of living in the Russian Federation.
The absence of regular indexation will lead to a decrease in the purchasing power of material support for a disabled person, which violates his legitimate interests.
Basic information
Collection of alimony for minor children and other needy persons is carried out not only when funds are not transferred at the moment. In some situations, debt formation began earlier.
To calculate the debt, you will need to find out the reasons why it was formed - for example:
- the alimony worker deliberately evades his financial obligations;
- the alimony payer has no income, health problems have arisen, life circumstances have worsened, as a result of which he lost the opportunity to transfer alimony in the previous amount;
- the accountant of the enterprise where the alimony worker is employed made a mistake when calculating payments;
- the other party refuses to receive money transfers.
There are two situations in which alimony payments for the expired period are recalculated.
- In enforcement proceedings, recalculation is carried out when enforcement proceedings are active and the alimony holder evades his financial obligations. As a result, a debt has formed, which is established by the bailiff and repaid by the alimony provider. The plaintiff will need to prepare evidence of the fact that he made every possible attempt to obtain the amounts of money due to him.
- If a dispute arises regarding the determination of the amount of alimony debt, the parties are sent to court with a claim.
As a percentage of earnings
Another recalculation option is recalculation as a percentage of all types of income of the alimony provider. This possibility is provided for in Art. 113 RF IC.
The recipient provides the accounting department of the employing enterprise or the FSSP with a certificate of the payer’s income for the previous period. The basis for recalculation is the lack of indexation of the defendant’s wages.
If the cost of living was increased, but the amount of earnings remained the same, then the employer is obliged to index the salary. As a result, the level of income increases, as a result of which the size of the payment will also increase.
During the period of time when the payer did not have official employment, recalculation is made based on the average earnings in the Russian Federation.
Financial support for disabled loved ones is determined by the parties or the court. The established amount is subject to regular change due to a decrease in the purchasing power of funds. The responsibility for conducting the recount rests with the bailiff. If the specialist does not take measures to fulfill his duties, recalculation is initiated by the recipient. Violations in calculations are appealed in court.
Specific ways to switch to reduced alimony payments
There are several ways to reduce your child support amount. Here are some of them:
- file a lawsuit to change the interest accrual to a fixed rate (or vice versa);
- reduce the share payment, which is greater than the minimum specified in the RF IC;
- agree with the other parent on a new amount that would be affordable for the child support payer.
But in any case, paying child support for a minor child is the responsibility of the parent.
Features of the transition from lobar to solid form
Typically, such a transition is carried out if the payer does not have a regular income, so it will not be possible to calculate interest on the salary received. If a person had a job at the time alimony was established, from the moment of losing this job he will have to look for alternative methods of calculation. A fixed rate is the best option if income is not systematic or regular.
Transition to a shared form of calculating alimony
If alimony was previously calculated using a fixed method, but then the alimony payer got a well-paid job and his income increased significantly, he will also have to look for an alternative. In this case, you can recalculate according to the share principle. Especially if the person is dependent on another child. Then it will be possible to reduce the amount of payments for one child, taking into account that another has appeared in the family, and he is also dependent on the alimony payer.
The calculation is based on the fact that in the case of a fixed rate, a child needs to pay 25% of income, and for two children 50%. If we talk about sharing, you only need to pay 33% of your earnings to support two children, which is much more profitable.
