Indexation of the amount of alimony
Let's start with the fact that alimony can be collected in different ways and it will not always be indexed. Let's consider various options:
Indexation of alimony under an alimony payment agreement
If alimony is established on the basis of a notarial agreement on the payment of alimony between the child’s parents, then indexation will be carried out strictly in accordance with the terms of the agreement. As a rule, payments are tied to the cost of living for children, but other options are possible. The main thing is that the alimony according to the agreement is not lower than what the child would receive under the law.
If the document does not contain a procedure for indexing amounts, then alimony will be indexed in accordance with the law, that is, in exactly the same way as by court decision. He talks about this further.
Indexation of alimony ordered by the court
Alimony can be established by the court in proportion to the debtor’s earnings:
- 1/4 – for one child;
- 1/3 – for two children;
- 1/2 – for three or more.
Indexation in this case is not provided for by law. The size of the payment will depend on the payer’s income.
It is a completely different matter if the debtor suddenly loses his job, and the calculation of alimony begins to be based on the minimum wage, which is currently equal to the subsistence level. In this case, payments will depend on changes in the minimum wage in the region.
Indexation of alimony in a fixed amount of money
If alimony was initially assigned by the court in a fixed amount, a multiple of the subsistence level, indexation will be made in proportion to the increase in this value.
Moscow court decision to collect alimony in a fixed sum of money with subsequent indexation
To index alimony, it is sufficient only for a resolution establishing a new subsistence level in the region to enter into force. If regional authorities do not set a living wage, national data should be used as a guide.
What is the concept
Alimony in a fixed amount is payments from the payer to the recipient, set in a fixed amount. Such alimony is determined in an amount that is a multiple of the subsistence minimum in the recipient’s region of residence, and if such a minimum is not established in a given area, then the one established in the country as a whole is used.
Indexation of alimony is a change in its size depending on the official level of inflation and other factors that may affect the provision of the recipient’s rights within the amount of payments.
Calculation of alimony indexation
When alimony is assigned in the amount of one subsistence minimum or half of it, the calculation of the indexed amount will be very simple.
- One value - indexed alimony is equal to the new minimum subsistence level.
- Half – we simply divide the new living wage in half for children in the region.
If payments are assigned in the amount of 1.8 or 1.2 parts of the subsistence minimum, it is enough to multiply this number by a new value.
Calculation example:
Marina receives alimony by court decision in a fixed sum of money in the amount of 1.4 times the subsistence minimum. The last payment she received was 20,216 rubles.
On June 25, 2020, information appeared that the cost of living in Moscow had increased to 14,812 rubles. To calculate the new amount of alimony, multiply 1.4 by 14,812. The new alimony will be equal to 20,736 rubles 80 kopecks.
Also, former spouses often write down a specific figure in a notarial agreement, for example 30,000 rubles, and indicate that this value is subject to indexation in proportion to the increase in the cost of living for children in the region. In this case, new alimony will be calculated using the formula:
Indexed alimony = New cost of living / Old cost of living * Current alimony
Calculation example:
Ekaterina entered into a notarial agreement with Pavel to pay alimony in the amount of 25,000 rubles. At the time of its signing, the subsistence minimum for children in the amount of 14,647 rubles was in force in Moscow. Two months later, by decree of the Moscow Government, a new value was established in the amount of 15,225 rubles.
Indexed alimony will be calculated as follows: 15,225 / 14,647 * 25,000 = 25,986.55 rubles. In total, for the next three months Pavel will have to pay 25,986 rubles 55 kopecks for the maintenance of his child.
What to do if you do not agree with the actions of the bailiff
Unfortunately, practice shows that representatives of the FSSP do not always do their work conscientiously. Therefore, indexation of alimony and amounts owed on it is not always carried out in a timely manner. Sometimes calculations are made with errors, so the recipient of alimony needs to “keep an eye out” and periodically make independent calculations.
If negligence is discovered in the work of FSSP employees, you need to write a complaint against them. First of all, it is advisable to send an appeal to the FSSP in the order of subordination:
- The head of the bailiff who is in charge of the case - the senior bailiff of a particular FSSP unit.
- If it was not possible to achieve a result - to the chief bailiff of the subject (region, republic).
- If no understanding is found there either - to the chief bailiff of the Russian Federation.
You can send a complaint by registered mail with notification, take it to the FSSP yourself, or use the website www.fssprus.ru. The complaint is considered within 10 days from the date of receipt.
In addition to the above authorities, such complaints are accepted by:
- prosecutor's office;
- Administration of the President;
- district court of general jurisdiction.
A complaint to the court must be filed in the area covered by the powers of the bailiff, within 10 days from the date of the disputed action (inaction) or the day when it became known or should have become known. The application is considered within 10 days.
Will alimony be indexed if the cost of living decreases?
This question is often asked not only by mothers receiving maintenance, but also by accountants who are directly involved in calculating alimony. And it’s right that they’re interested, because with children not everything is as straightforward as it might seem at first glance.
The answer to this question lies in the wording of paragraph 1 of Art. 117 of the Family Code of the Russian Federation, which states that indexation is carried out in proportion to the GROWTH in the cost of living. However, nothing is said about reducing this value.
A more specific answer is contained in paragraph 5.2 of Chapter V of the FSSP Guidelines dated June 19, 2012 No. 01-16, which states that “bailiffs must take into account that when the cost of living decreases, alimony indexation is not carried out.”
If the cost of living per child in the region increases, alimony will also increase.
If the cost of living becomes lower, the alimony payments established in the last quarter will not change.
This is the alimony math.
Application to the FSSP
The application must contain the following information:
- Full official name of the authority chosen to submit the application.
- The maximum possible set of information about both the plaintiff and the defendant.
- Information about the court decision:
- when it was adopted;
- what number was assigned to it;
- why, in the plaintiff’s opinion, alimony should be recalculated;
- what documents are attached?
List of required documents:
- Verdict awarding payment.
- Documents indicating a change in financial situation.
- A financial document confirming payment of the state fee.
What should the bailiff do?
There is no need to go to court to initiate this procedure. It is carried out within the framework of already launched proceedings, which means that the powers of the bailiffs are sufficient for this. They send a notice of the debt, withhold funds from the defaulter’s salary, identify additional sources of income, which may include unofficial ones, and impose alimony payments on them.
If the identified funds are not enough to pay off the debt, then the property and accounts of the evader may be seized. Bailiffs recalculate alimony and debt. He is obliged to carry out this operation every quarter, and formalize the results by decree.
However, sometimes excessive workload or some other reasons do not allow bailiffs to take their job duties with full responsibility. In the event that a recalculation was not made in a timely manner, you can file a complaint with a superior manager.
What are the ways to recalculate alimony debt? There are only two of them:
- A fixed amount.
- Percentage deductions from the total earnings of the payer.
The selected option is indicated in the application.
Who is indexing alimony?
As we just mentioned, not only bailiffs, but also accountants of the organization can index alimony. It all depends on where the writ of execution or court order was submitted for execution.
The recipient of alimony has a choice of whom to entrust the execution of the court decision:
- Bailiffs. The most common option, since in this case there are no restrictions. In addition, if the debtor often changes jobs or is employed in a small company, it would be safer to entrust the writ of execution to civil servants.
- The debtor's employer. Please note that in this case there is a limit on the amount of alimony; its amount should not exceed 100 thousand rubles. If the alimony is greater, the writ of execution can only be sent to bailiffs. Payments will be calculated monthly by the organization's accountant, who will also index payments, guided by the established cost of living and the order of the manager.
- Pension Fund, Employment Center, University, etc. In Art. 9 of the Federal Law “On Enforcement Proceedings” also states that a writ of execution can be sent not only to the place of work, but also to organizations that pay the debtor a pension, stipend and other periodic payments. The limit of 100 thousand rubles also applies. Indexation will be handled by the organization's accounting department. In practice, I rarely use this method; in most cases, preference is given to bailiffs.
Payments for the past period
The amount of alimony collected over the past period can also be indexed, but this can only be done on the basis of a court decision.
The decision is made on the basis of a statement of claim, which is submitted by the recipient to the magistrate's court.
After this, the recipient must take the decision and the writ of execution that has entered into force and submit them to the place of execution of the act - to the employer’s accounting department or the bailiff’s department.
Periods of indexation of alimony
Alimony is indexed not once a year, like pensions, but once a quarter. As soon as the cost of living in a region increases, alimony is also indexed.
As a rule, the cost of living for the first quarter of the year appears in June, in September - for the second, in December - for the third, in March - for the fourth.
The bailiff issues an appropriate resolution with the calculation of indexed alimony, and the employer issues an indexation order.
Information about the cost of living in your region can be found on the Internet, usually on the region’s website.
The recipient of payments does not have the obligation to submit an application for indexation every time the cost of living changes; this is the responsibility of the bodies and organizations involved in the execution of the court decision (court order).
Resolution of the FSSP employee
The execution of the resolution should be carried out by the bailiff, who was appointed responsible for a specific case. The execution of the resolution can be carried out either on his own initiative or after filing a petition by the claimant or other interested person.
The application form is optional. In the case where the submission of the document is not carried out by the applicant himself, but by his representative, he must have a power of attorney allowing him to carry out this operation. A copy of it must be attached to the application.
The representative of the FSSP issues a corresponding resolution, which he himself signs and stamps. To carry out this action, at least one of the reasons given in the list must be present:
- If the collection carried out on the basis of a notarized agreement was carried out according to a court verdict.
- If malicious evasion of child support payments forced the plaintiff to apply to the court with a request to deprive the defendant of parental rights or bring him to criminal liability.
- If an application for recalculation of alimony submitted to the bailiffs is being considered.
- If there is a need to index alimony payments.
Indexation of alimony in 2020
You can track the current cost of living in Moscow on the website of the Department of Labor and Social Protection of the Population of the City of Moscow.
Currently in Moscow it is set for the first quarter of 2020 for children in the amount of 14,812 rubles.
When collecting maintenance for a spouse until the child reaches the age of three, as in the previously presented court decision, the subsistence minimum for the working population will be used; in the current quarter it is set at 19,544 rubles.
When is it necessary to conduct
The basis for indexation may be a significant change in the financial situation of the alimony recipient and the actual impossibility of providing for his basic needs with the same amount of alimony payments.
In fact, indexation of alimony is necessary in order to protect the rights of the recipient, since such a person is classified as financially vulnerable.
Indexation of payments, if alimony is set as a share of earnings, is not carried out, since the amount of pay for the payer changes. The recipient can only apply to the court to change the procedure for calculating alimony.
Can an ex-wife file for alimony? The answer is presented in the article “How alimony is paid to a former spouse.” You can find out about the new child support law in 2020 here.
