According to the court decision, the plaintiff must pay monthly child support in the amount of 20 thousand rubles. In the first months, payments were received in full. But soon the man was fired from his job. There is no money, the “covens” bring in pennies, and it’s impossible to find a new job. To prevent the debt from accumulating, the man decided to seek a reduction in alimony through the court. Moreover, the payer has such an opportunity - Art. 119 SK.
In order for the court to consider the issue of changing payments, submit a corresponding application and pay the state fee to reduce alimony. I’ll tell you how to calculate it correctly in the article. By the way, if you file a claim and make a mistake with the amount of the fee, it will not be considered.
What are the methods for calculating the state duty to reduce the amount of alimony?
Russian legislation does not have clear instructions on how to calculate the state duty when filing a claim to change the amount of alimony. Therefore, in practice two calculation methods are used:
- Based on the value of the claim.
- Fixed amount.
What legal norms to rely on when calculating the cost of a claim?
According to Art. 91 Code of Civil Procedure, Part 6, the price of a claim to reduce the amount of payments is determined based on the amount by which the payment is reduced (but not more than for a year). According to lawyers (but not all lawyers), the claim is of a property nature, so the state duty should be paid based on its price.
Expert opinion
Chizh Yana Fedorovna, lawyer
More than 10 years of legal experience. More than 400 won cases. More details
Many courts take the position that demands for a reduction in the amount of alimony and exemption from their payment should be considered property, subject to assessment.
Then we comply with the conditions of Part 1, Clause 1, Art. 333.19 of the Tax Code, which indicates the following amounts of state duties:
- If the price of the claim is up to 20 thousand rubles. — 4%, but not less than 400 rubles.
- From 20,001 rub. up to 100 thousand rubles. — 800 rub. + 3% of the amount exceeding 20 thousand rubles.
- From 100,001 rub. up to 200 thousand rubles. — 3,200 rub. + 2% of the amount exceeding 100 thousand rubles.
- From 200,001 rub. up to 1 million rubles — 5200 rub. + 1% of the amount that exceeds 200 thousand rubles.
- Over 1 million rubles. — 13,200 rub. + 0.5% of the amount exceeding 1 million rubles. (but not more than 60 thousand rubles).
What is the fixed duty?
Some courts accept claims to reduce alimony based on a non-property duty, which is equal to 300 rubles. - according to Art. 333.19 part 1 clause 3 Tax Code. When preparing a case, court officials believe that the demand itself, and not the claim, is subject to a fee.
Naturally, it is more profitable for the applicant to pay 300 rubles than to calculate the fee for the claim (let me remind you that the minimum payment is 400 rubles). Therefore, you can file a claim by paying 300 rubles and wait for the result. If the judge does not accept the application, then simply pay the missing amount, calculating the cost of the claim.
Expert opinion
Chizh Yana Fedorovna, lawyer
More than 10 years of legal experience. More than 400 won cases. More details
This advice is based solely on established judicial practice. If the court decides that the state fee should be paid from the price of the claim, then nothing will prevent the applicant from paying the missing amount. But as practice shows, a large number of claims are accepted by the court with a paid fee of 300 rubles.
Calculation example
The calculation of the state duty when filing alimony depends directly on the benefits available to the plaintiff and on the amount of the claim:
- collection of alimony for the past period;
- an application is submitted to reduce the amount of alimony;
- the number of persons to whom alimony will be paid (mother and child or only a minor).
The following example will help you calculate the state duty on alimony to the magistrate court when collecting:
The application is submitted by the mother to protect the interests of the child. Alimony is collected as a percentage, including for the past 2 years. The amount of the claims specified in the claim is 60 thousand rubles. The plaintiff pays a state fee in the amount of 2700 rubles: (100+800+60000×3%=2700). The calculation was made in accordance with paragraphs 1, 14, paragraph 1, Article 333.19 of the Tax Code of the Russian Federation.
An example of the amount of state duty when indicating in a claim a request to reduce alimony:
The debtor pays monthly alimony in the amount of 6 thousand rubles, which is ¼ of his income. In the statement of claim, he indicates a demand for a reduction in alimony (up to ⅙ of his income) in connection with the birth of another child in another family.
The amount of the claim will be 24 thousand rubles, respectively, the plaintiff will pay 480 rubles in state duty (but not less than 400 rubles).
When collecting alimony for a spouse and child, it is worth considering whether the money is collected in a fixed amount or as a percentage. Calculation of the state duty is carried out on the basis of the provisions of two legislative acts: Article 91 of the Code of Civil Procedure of the Russian Federation and Article 333.19 of the Tax Code of the Russian Federation. Example:
A claim for financial support in a fixed sum of money is filed by the mother and child. The total amount for 12 months is 80 thousand rubles. Based on two plaintiffs, the amount is divided by 2 and none of them falls under the preferential category of citizens. Accordingly, the state duty will be 3200 rubles: (800+80,000*3%=3200).
Who must pay the state fee when filing a claim to change payments
The state duty is calculated and paid by the plaintiff. If a decision is made in your favor, you also have the right to demand reimbursement of legal costs from the defendant - Art. 98 Code of Civil Procedure of the Russian Federation. Whether this is ethical or not is another question.
Expert opinion
Chizh Yana Fedorovna, lawyer
More than 10 years of legal experience. More than 400 won cases. More details
Many defendants are confident that the plaintiff will not be able to recover the amount of the state duty from them, since they are exempt from paying the duty in cases of alimony collection and in this case they also do not have to pay. This opinion is erroneous and for claims to change the amount of alimony the state duty is paid - this is a different category of cases.
When the amount of payments increases, the plaintiff also pays the state fee, even if he is the mother of the child.
State duty amount
At the state level, the amount of state duty for alimony in 2020 has been determined, payable when filing claims containing various alimony requirements.
The payment volume will double and amount to 300 rubles. in the event that the claims are aimed at determining the amount of financial assistance in relation to the children and the applicant himself.
The amount of the state duty will be equal to 400 rubles, if the claim for divorce and the assignment of alimony payments are jointly considered. Along with the last requirement, other controversial issues relating to the parties may also be considered at the court hearing. When filing a claim of this type, the plaintiff is not exempt from mandatory payment.
The plaintiff is not obligated to pay the state fee when submitting an application:
- on increasing the alimony payer's obligations;
- on the recovery from the parent of financial assistance required to cover the costs incurred by the second parent due to the child’s illness or an expensive operation;
- o collection of accumulated alimony debt.
State duty on a claim to reduce the amount of alimony - what you need to remember
When determining the price of a claim to reduce the amount of alimony, follow the rules of paragraphs. 6 clause 1 art. 91 Code of Civil Procedure. The cost of the claim is the amount by which payments will be reduced. Take into account a period of up to one year. Multiply the result by the number of percentages from Art. 333.19 Tax Code and add a fixed amount (indicated in the same article of the code).
Important. If you pay fees through online services, pay attention to the commission. If it needs to be added separately to the amount of the duty, then if a couple of rubles are missing, the claim will be left without progress.
Expert opinion
Chizh Yana Fedorovna, lawyer
More than 10 years of legal experience. More than 400 won cases. More details
Underpayment of the state duty is grounds for leaving the statement of claim without progress - Art. 136 Code of Civil Procedure of the Russian Federation. The court will issue a ruling indicating the period within which the plaintiff must make the additional payment. If you do not comply with the judge’s instructions within the prescribed period, the statement of claim will be returned to you, but this is not an obstacle to going to court again.
If the state fee is underpaid, the court will leave the statement of claim without progress.
Questions about the size of the claim
Can you explain to me what the cost of a claim is and what it reflects?
This term usually indicates the amount for which the trial is being conducted. Regardless of what caused the case to be considered: moral damage or disputes over alimony.
In which court will the case be heard?
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors.
- Knowledge of the basics is desirable, but does not guarantee a solution to your particular problem.
Therefore, free expert consultants work for you!
Tell us about your problem and we will help solve it! Ask a question right now!
How to calculate state duty - examples
Expert opinion
Chizh Yana Fedorovna, lawyer
More than 10 years of legal experience. More than 400 won cases. More details
In accordance with paragraphs. 2 p. 1 art. 333.20 of the Tax Code of the Russian Federation, the price of a claim for a request to reduce the amount of alimony should be determined according to the rules of clause 6, part 1, art. 91 Code of Civil Procedure of the Russian Federation. For claims for exemption from alimony payments - under clause 7, part 1, art. 91 Code of Civil Procedure of the Russian Federation.
Let's look at how to calculate the duty for alimony paid in a fixed amount and as a percentage of income.
Example 1 - calculation of state duty when reducing alimony in a fixed amount
Alexey pays 15,000 rubles monthly. In his claim, the man asks to reduce the amount of payments to 12,500 rubles, since a child was born in a new marriage and financial difficulties arose.
How to calculate the duty:
- We determine the benefit for the year that Alexey will receive: (15,000 – 12,500) x 12 = 30,000 rubles. This is the cost of the claim.
- We calculate the duty using the formula from Article 333.19 of the Tax Code: 800 + 3% of the amount that exceeded 20,000 rubles. So: 3% of 10,000 rubles is 300 rubles. 300 + 800 = 1100 rubles.
Alexey will pay 1,100 rubles when filing a claim in court.
Our article is about reducing alimony in a fixed amount.
Example 2 - if alimony is a share of income
It's a little more complicated here. They calculate either by average income for the past year or by potential income for the current year.
Calculation of the duty to reduce alimony based on average income
For the initial amount to calculate the duty, we take the income for the past year. Let’s say Andrey pays child support for three children in the amount of ½ of his earnings. And then the man had another child. The alimony payer asks to reduce the amount of payments to ⅓ of the amount.
Andrey’s income for the year is 380,000 rubles. Now let's start with the calculations.
- 190,000 rubles - alimony withheld for the year.
- ⅓ of the amount of income is 126,540 rubles.
- 190,000 – 126,540 = 63,460 rubles.
So, the price of the claim will be 63,460 rubles. Next we calculate the duty.
- 800 rubles + 3% - we use this formula.
- We count: 63,460 – 20,000 = 43,460 x 3% = 1,303 rubles.
- 1,303 + 800 = 2,103 rubles.
It turns out that the duty amount is 2,103 rubles.
To correctly calculate the cost of the claim, first calculate the amount of alimony for the year
Calculation of approximate income for the current year
This method is used if no more than 3 months have passed in the current year. The plaintiff asks to reduce the amount of payments from ⅓ to ¼ of earnings.
For three months of the year, the income of the alimony payer was:
- 15,000 rubles - in January.
- 25,100 rubles - in February.
- 16,000 rubles - in March.
It turns out that the total income for three months is 56,100 rubles, and the average monthly income is 18,700 rubles. 18,700 x 12 months. = 224,400 rubles. This is the potential average income for the year.
Let's start calculating the duty:
- If the payer pays ⅓ of income, then the amount of alimony for the year will be 74,800 rubles.
- Alimony in the form of ¼ of income will amount to 56,100 rubles for the year.
- The cost of the claim is calculated as follows: 74,800 – 56,100 = 18,700 rubles.
- Next, we take 4% of the claim price (according to clause 1, part 1, article 333.19 of the Tax Code) - this is 748 rubles.
This will be the amount of the duty.
Calculation of the state duty to reduce child support at the birth of a second child
The couple divorced when their daughter was 8 years old. The father began paying alimony in a fixed amount - 16,000 rubles per month. Two years later, the alimony payer had a son - now he provides for his wife on maternity leave and a child, so he cannot pay monthly alimony in the same amount.
The man decided to reduce the amount of payments by transferring alimony from a fixed amount to a shared one (% of salary). The payer's salary is 40,000 rubles. For one child you should pay 25%, which is 10,000 rubles.
The price of the claim is determined as follows: 16,000 x 12 months. = 192,000 rubles - this is how much the ex-wife received in a year. If the court decision is positive, the annual payment amount will be: 10,000 x 12 = 120,000 rubles. Finally, 192,000 – 120,000 = 72,000 rubles.
Now we calculate the state duty: 72,000 - 20,000 = 52,000 - we will take this figure for calculation, according to Art. 333.19 Tax Code. Next 52,000 x 3% = 1,560 rubles. Finally, 1560 + 300 = 1860 rubles - this will be the amount to be paid.
Read more about the procedure for reducing payments for a second child in our article.
Who pays the state duty, and from whom it is not charged?
The fee must be paid by the plaintiff applying for a reduction in child support payments, which in the vast majority of cases is the father of the child. But the applicant will not have to worry about the amount of the state fee when filing a claim for alimony. The law exempts the plaintiff from paying the state fee in these circumstances.
The applicant will not be able to recover the specified amount from the defendant if the outcome of the case in court is positive.
However, some categories of citizens can take advantage of benefits if they fall under the privileges provided to war veterans, pensioners and other beneficiaries. Also, certain discounts are offered by regional authorities as part of local laws operating within the region.
What circumstances help reduce the amount of alimony?
Alimony payments will be reduced if the payer’s financial or marital status has changed - Art. 119 SK. Thus, the alimony holder has the right to demand a reduction in payments if the following circumstances exist:
- The payer had a second child.
- The alimony worker lost his job.
- Required to pay child support for other children.
- The payer has been declared disabled and needs expensive medical care.
- The alimony payer's income has decreased significantly.
Note. It is possible to change the amount of payments only in court. Parents cannot agree on a reduction without fixing it by law. If payments are made under an alimony agreement, then in order to reduce it, it should be adjusted and certified by a notary.
In order for the court to satisfy the claims, the plaintiff will need to prove the grounds for reducing payments. For example, provide a certificate from your place of work, a document confirming the assignment of disability.
Loss of a job is a basis for reducing the amount of alimony payments
Application requirements
In order for the prepared document to be accepted by the magistrate for consideration, it must meet a number of requirements established by Articles 131-132 of the Civil Procedure Code (Code of Civil Procedure).
The statement of claim for a reduction in paid alimony must contain :
In short
- In practice, two methods of paying state duty are used - in a fixed amount (300 rubles) and at the cost of the claim. But if you pay a fixed price, the application may be returned, in which case you will have to pay the price of the claim.
- When paying according to the claim price, refer to Art. 333.19 Tax Code. First, they calculate the cost of the claim - this is the difference in the annual alimony payment based on the amount that the plaintiff paid and the amount that he wants to pay. Then you should make a calculation based on the resulting size - calculate the percentage, add a fixed amount.
- If it is impossible to calculate the cost of the claim because there is no data on income for the previous year, then it is calculated based on the estimated income for the current year (it is important that there is information on income for the first three months).
Have you had experience reducing the amount of alimony? Did the court accept the state fee of 300 rubles or did it have to be calculated based on the value of the claim? Share your experience with our readers.
Obligations and benefits
The initiator of the proceedings is obliged to transfer funds towards the state fee. Benefits are provided by law only to certain categories of citizens. The list is given in Article 333.36 of the Tax Code:
- Persons recognized as Heroes of the Soviet Union or the Russian Federation.
- Participants in combat operations.
- Citizens with the first or second disability group.
- Knights of the Order of Glory.
These persons must attach proof of inclusion in the preferential group to the application. There is an exemption from state duty for claims up to 1 million rubles. In other cases, the amount established by law is used.
Persons acting in the interests of minor children are necessarily exempt from paying the fee when filing a claim in court. In such cases, the defendants must transfer funds towards the state duty, but only after the claims have been satisfied. The general list of situations when the initiators of proceedings are exempt from mandatory payment is as follows:
- The initiator of the proceedings demands to collect the debt for alimony obligations from the defendant.
- The plaintiff demands an increase in the amount of alimony in firm, fixed or both forms at the same time.
- The mother or guardian asks the court to recover money from the child support provider for the treatment of the child.
In the examples mentioned, the plaintiff is completely exempt from state duty. The exception is cases of withdrawal of claims. It is the initiator of the proceedings who will be required to make the obligatory payment.
Regulatory legal act Article number Description
| tax code | 333.19 Art. | Calculation of state duty. |
| 333.18 Art. | Key points for making mandatory payments. | |
| 333.20 Art. | Description of the need to attach a check for payment of the state duty to the claim. | |
| 333. 40 art. | Challenging the amount of tax. | |
| Civil Procedure Code | 88 art. | The need for state duty. The amount of collection and features of money transfer. |
| 7 tbsp. | Distribution and collection of mandatory payments. | |
| 89 Art. | Preferential groups. | |
| 91 art. | Claim value and features of its indication. |
Additionally, it is recommended to familiarize yourself with cases from judicial practice and examples of calculating state duties. If you cannot calculate the amount of the fee yourself, it is better to contact a lawyer.
SituationDescription
| The birth of another dependent by the child support provider | A citizen supporting several children has the right to demand a reduction in the amount of alimony. Otherwise, the rights of one of the dependents or the parent will be violated. |
| Job loss | The child support worker will have to register with the employment center. The reduction in payments will be due to the small amount allocated by the state as unemployment benefits. |
| Significant decrease in income | The accounting department can reduce the amounts withheld for alimony obligations, but this is only equivalent to a reduction in wages. The problem is confirmed by a certificate from the place of work. |
| Deterioration in the health of a citizen paying alimony | The services of medical institutions can cost quite a lot, which will become a reason for the alimony provider to apply to the court with a claim to reduce the amount of alimony payments. |
Common mistakes
When calculating the state duty, there is a risk of making one of the most common mistakes, which are listed below.
- The claim is assessed as non-property, as a result of which the applicant pays 300 rubles. The likelihood that the court will accept the claim is extremely low.
- The applicant defined the state duty as 150 rubles for a standard claim for the recovery of funds for a child. Requirements to reduce alimony and reduce its amount belong to different categories of cases in the Tax Code of the Russian Federation.
- Finally, another mistake is to assume that the benefits due also apply when paying the state fee to reduce the amount of alimony. For example, the plaintiff took advantage of the exemption from state fees when requesting to collect alimony, but this exemption will not apply in a situation with a claim to reduce their amount.
