In what cases is child support awarded in a fixed amount?
Alimony in a fixed amount is established in the absence of an agreement between the former spouses.
To assign content in a fixed form, the following conditions must be met:
- payment in the form of a share of earnings is impossible or difficult to establish;
- another method of calculating payment will violate the rights and interests of the minor;
- the payer has no cash receipts;
- the person obligated for alimony receives a salary in kind or in foreign currency;
- the payer has irregular (seasonal, changing) earnings.
In a situation where spouses share children between themselves, alimony is also collected in a fixed amount. The payer becomes the parent whose income is higher.
Flat child support is an exception to the rule. First of all, the judge examines the possibility of assigning a payment in proportion to earnings. If this option is not possible, a fixed amount is approved.
Conditions
The conditions for determining a fixed amount depend on how it is established. By agreement, the parties have the right to indicate any amount and the method of determining it: shared or fixed. When the decision to assign alimony is decided by the court, it must be guided by the provisions of the Family Code.
The Code defines a list of grounds upon which we can talk about fixed payments:
- lack of stable work and constant income;
- receiving wages in kind or foreign currency;
- determining the amount of payments as a percentage will violate the interests of the child.
How is the amount of alimony determined in a fixed amount?
When preparing a statement of claim to the court, the applicant for payment indicates the desired amount of maintenance. It must correspond to the actual expenses for the minor.
How to calculate how much money you need to support a child?
One or two months before going to court, the mother collects receipts and checks related to expenses for the child.
Costs taken into account include:
- nutrition;
- clothes;
- medicines and medical care;
- toys;
- teaching aids;
- education;
- everyday things.
Then you should calculate the total cost per month. It is divided in half, since both parents equally participate in the maintenance of the minor. The resulting amount must correspond to the established alimony.
Example. FROM. Lobova is preparing a claim for alimony in a fixed amount for her ten-year-old daughter. She prepared receipts confirming expenses for school meals, travel to and from school, the purchase of a winter set of clothes and shoes, the purchase of stationery, and expenses for English classes. The total monthly amount was 13,000 rubles. Considering that the incomes of I.Z. Lobova and her ex-husband are equivalent, she intends to ask the defendant for 7,500 rubles.
How does the court determine the amount of alimony?
When calculating the amount of alimony in a fixed amount, the minimum subsistence level is taken into account. They take the value that is valid within the territory of a specific subject of the Russian Federation in which the person in need is registered. If the PM is not approved by the regional authorities, the calculation is made based on the value established at the all-Russian level.
For your information! The cost of living is indexed quarterly. Therefore, alimony in a fixed amount increases by the inflation factor.
The court takes into account the income of both parents. If the difference in the earnings of the former spouses is significant, the more wealthy one takes on most of the expenses. It is important to maintain the same level of financial support for the child.
You should know! When assessing the income of former spouses, their marital status is taken into account. If the alimony payer is married and has other children, the court will select the optimal balance between his capabilities and the needs of the child for whom the payment is assigned.
The procedure for registering alimony in a fixed amount of money
Alimony in a fixed amount is established by the court. The plaintiff submits an application accompanied by documents justifying the amount of the claim.
How to draw up a claim correctly?
A claim for the collection of alimony in a fixed sum of money is filled out taking into account the rules of Article 131 of the Code of Civil Procedure of the Russian Federation. It should include the following information:
- address part (“header”);
- motivational part;
- stated requirements (pleading part);
- applications.
The “cap” is placed in the upper right corner of the sheet. It indicates the name of the judicial authority, its location, personal information about the recipient and payer (full name, address, contact phone number).
In the reasoning part, the plaintiff indicates to whom alimony should be awarded. The reasons for establishing maintenance in a fixed amount of money and the amount of the penalty should be justified.
The petition part contains a requirement to assign a monthly payment in respect of the child in a specific amount.
The following is a list of documents substantiating the plaintiff’s claims. At the end of the text there is a date and signature.
Sample application for alimony in a fixed amount
The claim is drawn up in triplicate. One is submitted to the court along with a package of documentation. The second will be sent by the judge to the defendant. The third is returned to the plaintiff after marking the registration.
What documents must be attached to the claim?
In accordance with Article 132 of the Code of Civil Procedure of the Russian Federation, a package of documentation is attached to the claim.
The list of documents includes:
- recipient's passport;
- birth certificate of a minor;
- divorce document;
- payment documents on the recipient's monthly expenses;
- certificate from the applicant’s place of employment;
- a document confirming the fact that the minor resides with the recipient;
- certificate of income of the applicant;
- information about the defendant's cash receipts.
The income of the plaintiff and defendant can be confirmed by a 2-NDFL certificate.
If the plaintiff cannot independently provide any documents, it is recommended to file a motion to obtain evidence simultaneously with the claim.
Do I need to pay a state fee?
The Tax Code of the Russian Federation exempted the plaintiff from paying state fees for filing an application for alimony. However, the mandatory fee has not been cancelled; the costs of considering the dispute are assigned to the defendant. He must make a payment to the federal budget after a decision on child support is made. The fee is 150 rubles .
Which court should I go to for alimony?
Disputes related to the assignment of alimony are resolved by the magistrate's court . The application should be made at the defendant’s place of residence. If it is not possible to establish his whereabouts, the documents are submitted to the court at the place of registration of the plaintiff.
The district court has the right to accept such cases only with a simultaneous demand for deprivation of parental rights or their limitation.
When is a decision on alimony issued?
Disputes regarding the establishment of alimony in a fixed amount are resolved by way of litigation with the parties summoned to the hearing. The judge accepts the documents and sets a trial date.
Two or three meetings will be required before a final decision is made. Both participants in the process must appear when called by the judge to give explanations. If the defendant does not come to the hearing twice, then the case is considered without him.
During the trial, the judge listens to both parents. If necessary, witnesses are called to testify. Documents are also studied, video recordings are viewed, and audio recordings are listened to.
At the last meeting, a decision is made to establish alimony or to refuse the claim. The judicial act is issued five days after the announcement of the operative part. Within 30 days, any party has the right to challenge it in the appellate instance.
How to obtain alimony by court order?
If the decision has not been challenged, it enters into legal force. The payer has the right to voluntarily transfer the monthly amount to the recipient without waiting for the issuance of a writ of execution.
In the event that a person liable for alimony evades payment of child support, the judge issues a writ of execution. The document is submitted to the bailiff for enforcement.
Deadlines and state fee
There is no need to pay a state fee when filing a claim (Article 333.36 of the Tax Code of the Russian Federation). The magistrate, who will be given the authority to deal with the situation, will familiarize himself with the case materials in detail, analyze their legality and validity, and then make a decision.
If there are insufficient grounds for collecting alimony in a fixed form, the court has the right to assign deductions in a standard form, based on the number of minor children. The deadline for the execution of claims for alimony is clearly regulated in Article 113 of the RF IC. Alimony is always assigned from the moment the claim is filed.
Changing the amount of alimony
Alimony in a fixed amount may be changed at the request of one of the former spouses, either up or down.
How to increase the amount of alimony?
The recipient of maintenance for a minor has the right to file a claim to increase the amount of payment.
An increase in the amount of alimony is possible if:
- the initially established amount does not cover the child’s needs;
- the payer now has additional income, which allows him to transfer more money to the minor.
When considering a claim to increase the amount of payment, the court examines the financial and family status of both parents. When making a decision, it is based on the principle of maintaining a balance of interests between the participants in the process. On the one hand, the needs of the minor must be provided at the proper level, on the other hand, the payer must not be left without a means of subsistence.
Note! In a claim to increase the amount of maintenance, you will need to pay a state fee. The amount of the mandatory fee is calculated according to the rules of paragraph 1 of part 1 of Article 333.19 of the Tax Code of the Russian Federation.
How to reduce the amount of alimony?
If the financial or family status of the maintenance payer changes, he has the right to apply to the court to reduce its amount.
The requirements will be satisfied if:
- the payer transfers child support for other children;
- he has a disease or disability that has resulted in increased costs for treatment and maintenance of vitality;
- Additional costs orders were made for other children.
When filing a claim, a state fee is paid, which is calculated according to the rules of paragraph 1 of part 1 of Article 333.19 of the Tax Code of the Russian Federation.
How to replace alimony in the form of a share of earnings with alimony in a fixed amount?
In accordance with family law, either parent has the right to change the method of assigning alimony from a share to a fixed amount.
The need for this may arise in the following situations:
- the amount of maintenance does not cover the needs of the child;
- the payer has a high income, and therefore an amount is allocated for alimony that exceeds the needs of the minor;
- the person obligated to support has lost his job and cannot fulfill his obligations in full.
If the recipient proves that the payer is hiding income, then the payment will be set in a fixed form. In case of tax evasion, administrative measures will be taken against him.
Despite the fact that priority is given to the interests of the minor, the court may accommodate the child support obligee. If it is in a difficult financial situation, alimony in a fixed amount will be significantly less than in shared terms.
