State duty on alimony in 2021: do you need to pay, who pays, amount of state duty, calculation procedure

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⭐ ⭐ ⭐ ⭐ ⭐ Good day, dear blog readers, right now we will be covering perhaps the most necessary and interesting topic for you - the State Duty for an Appeal to the Court for Alimony. After reading, you may still have questions, so it’s best to ask them in the comments below.

We always and constantly update published information, so you can be sure that you will read all the latest information.

Example: Plaintiff S. turned to her ex-husband with a demand to collect alimony for herself for the period of maternity leave, as well as for two children until they reach 18 years of age. The total fee for this category of cases was 300 rubles. Of which 150 are for the claim regarding the children and 150 for the claim regarding the mother. The number of children did not matter. As a result of the trial, the amount payable was withheld from the defendant, since the judge satisfied the claim in full.

State fee for an appeal of a claim for alimony

Collection of a penalty for late payment of alimony can be safely attributed to the case of protecting the rights and legitimate interests of a child, since in accordance with Article 60 of the RF IC, a child has the right to receive maintenance from his parents and, accordingly, to receive alimony in a timely manner.

“..Does the exemption for payment of state duty provided for in paragraph. 2 p. 1 art. 333.36 of the Tax Code of the Russian Federation, against plaintiffs in claims for changes in the amount of alimony, exemption from alimony payments, collection of penalties, determination of arrears in the payment of alimony? In accordance with paragraphs. 2 p. 1 art. 333.36 of the Tax Code of the Russian Federation, plaintiffs in claims for alimony are exempt from paying state duty. Thus, tax legislation exempts plaintiffs from paying state taxes only in disputes regarding the collection of alimony. Persons filing claims in court in accordance with Art. Art. 114, 119 of the Family Code of the Russian Federation, part 4 of Art. 102 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, on the basis of the above norm, they are not exempt from paying state duty. The benefit established by paragraphs. 15 clause 1 art. 333.36 of the Tax Code of the Russian Federation, since the plaintiffs act in their own interests, and not in the interests of the children. The exceptions are demands for an increase in alimony for minor children and for the collection of penalties in connection with late payment of alimony for minor children, upon presentation of which the plaintiffs, acting in the interests of the children, are exempted from paying state duty in accordance with paragraphs. 15 clause 1 art. 333.36 of the Tax Code of the Russian Federation..” (clause 19 of the generalization of the Altai Regional Court “Generalization of judicial practice on the application of the norms of the Civil Procedure Code of the Russian Federation and the Tax Code of the Russian Federation on legal expenses”)

Who can file a claim for child support?

The right to file a claim for alimony belongs to the ancestors or guardians (trustees) of the baby, as well as officials of child care institutions or municipal bodies acting in the interests of the baby.

If alimony is collected by a parent (father or mother), an indispensable condition is cohabitation with the offspring or daughter - after all, both parents must support the baby equally. It does not matter whether the ancestors are officially married or divorced, live together or separately. Failure of the father or mother to fulfill their own responsibilities for maintaining the baby is the basis for appealing to the tribunal for alimony.

If the child lives with relatives, they have the right to apply for child support to the unlucky parents only after guardianship or guardianship has been established. Only the official trustee or guardian is the legitimate representative of the child and is empowered to represent his interests in the courts.

State duty to court

up to 20,000 rubles - 4% of the claim price, but not less than 400 rubles;
from 20,001 rubles to 100,000 rubles - 800 rubles plus 3% of the amount exceeding 20,000 rubles;
from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2% of the amount exceeding 100,000 rubles;
from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1% of the amount exceeding 200,000 rubles;
over 1,000,000 rubles - 13,200 rubles plus 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

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When filing an administrative claim to recognize a non-normative legal act as invalid and to recognize decisions and actions (inaction) of state bodies, local governments, other bodies, officials as illegal: for individuals - 300 rubles; for organizations - 2,000 rubles.

An objection to an alimony appeal can be filed immediately before the start of the trial or during the trial. Based on case law, it is better to file objections before the actual hearing of the case. In this case, the court will have enough time to study and verify the arguments.

For example, a party filed a lawsuit demanding maintenance for one child in the amount of 25% of the defendant’s salary, based on Art. 81 IC RF. After the hearing of the case, the judge assigns payments in a specific amount, which contradicts the requirements of the statement of claim.

The statement of claim for divorce can also include a requirement to collect alimony from the defendant. In this case, the plaintiff will only need to pay a state fee for divorce in the amount of 600 rubles. The same applies to cases where two separate claims are filed in court: for divorce and for alimony, the fee is paid only for the divorce.

Almost all legally significant actions are subject to various types of government duties and fees. When applying to the courts, payment of the state duty established by the Tax Code of the Russian Federation is mandatory. Its size depends on the applicant’s requirements and their nature. Thus, disputes about the collection of alimony are no exception, but they have some peculiarities.

Apel fee

1. In cases considered in courts of general jurisdiction, by magistrates, the state fee is paid taking into account the following features: if the plaintiff is exempt from paying the state fee in accordance with this chapter, the state fee is paid by the defendant (if he is not exempt from paying the state fee fees) in proportion to the amount of claims satisfied by the court

According to the Constitution, everyone has the right to express their own opinion. Therefore, I have no moral or legal basis to argue with dear Lyudmila. However. According to MY personal legal understanding given in paragraph 8 of paragraph 1 of Article 333.20 of the Tax Code of the Russian Federation, the regulatory prescription applies to all STAGES of the civil process. Because no withdrawals are provided for them.

You should address judges with the words: “Dear Court!”, and not call them by name and patronymic.
Those present at the meeting must listen to the rulings, decisions, and rulings of the judicial body while standing.
Also standing, participants express their demands, explanations, make motions, answer questions from the judge and other participants in the process.
Speeches, remarks, and questions from the parties should not contain any emotional overtones. The court will evaluate only the facts. Moreover, swearing is completely unacceptable in court, as are threats towards the court.
You must not interrupt the speeches of other participants, otherwise you may receive a warning or even a penalty for disrespect. But at the end of the monologue, no one forbids asking clarifying questions.

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Let us note that the court considers the case only within the limits of the arguments that were set out in the complaint. That is, for example, if the applicant challenges only part of the decision, then the appellate authority checks the legality of this part exclusively. At the same time, the court, on its own initiative, can check the entire decision.

How to file a claim for alimony?

You can file a claim in person - come to the Magistrates' Court during office hours and register the claim in the office, receiving back one copy with a mark of acceptance by the court.

In addition to filing a claim in person, it is possible to submit it by mail. It is necessary to issue a registered letter, which, in addition to the statement of claim with documents, will contain a list of attachments. Receipt of delivery is proof that the letter was received by the court.

If the statement of claim is accepted by the court, the plaintiff will receive notice of the appointed date, time and place of the court hearing to consider the statement of claim. As a rule, the claim is considered by the magistrate court no later than 30 days from the date of filing (clause 1 of article 154 of the Code of Civil Procedure of the Russian Federation).

State duty appeal alimony

incorrect application of the law;
inactivity of authorized bodies during the consideration of the case;
incorrect definition of circumstances;
unreasonable evidence;
improper interpretation of the law;
violation of procedural order.

Persons who are disabled people of the first or second group. The status must be properly completed. At the same time, disabled people of the third group are not exempted from the corresponding payment.
Participants in combat operations. It is necessary to present to the court an identification card of a combat participant. If it is missing, then the benefit is not provided.

Appeal against the collection of alimony

5 days from the date of completion of the proceedings.
If the plaintiff and defendant were present at the hearings - 3 days from the date of the decision.
If the parties were absent from the proceedings and there were no representatives - 15 days from the date of announcement of the operative part.

The judge incorrectly determined the circumstances of the case.
Legal provisions are misinterpreted.
The facts and circumstances used by the court when making a decision are not supported by evidence.
The court did not apply the law.
The wrong legal norms were applied.
The court's decision does not correspond to the subject and circumstances of the dispute.
There was a violation of procedural rules of law.

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State duty to court

So, the state fee to the court. The 2021 state duty calculator is easy to use. Select the desired item. Then enter the claim price (note that not all claims are subject to valuation). The calculator will show the amount of state duty that will need to be paid. In addition, we will indicate the jurisdiction of civil cases (magistrate or district (city) court).

When filing claims containing property and non-property claims (for example, to recover the amount of damage and compensation for moral damage), a state fee is paid to the court for each individual claim. State duty calculator 2021 will help for every requirement.

Application for exemption from paying alimony

In accordance with the legislation of our country, exemption from payment of alimony is possible in court. Art. 119 of the RF IC (Family Code of the Russian Federation) contains grounds for exemption from alimony payments. Such grounds include a change in the financial or marital status of one of the parties.

During the trial, it will not be a bad idea to provide testimony from witnesses. However, in any case, the court will take into account the interests of the child and proceed from what his financial support will be. Prosecutor's offices and guardianship authorities are often involved in this category of litigation, since the abolition of alimony obligations may violate the child's right to material support.

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Documentation

Filing a statement of claim is impossible without attachments - documents confirming the circumstances described in the claim and the legal requirements of the plaintiff.

The main documents attached to the claim will be:

a copy of the plaintiff's passport;
marriage or divorce certificate of the plaintiff and defendant (if they were or are married);
birth certificate of the child for whose maintenance alimony is being sought. The parents must be indicated on the birth certificate - only in this case are they obligated to support the child. If the father is not indicated or is indicated according to the mother, before collecting alimony payments, paternity will need to be confirmed;
a document establishing guardianship or trusteeship, if the claim is filed by a guardian or trustee;
a certificate of family composition issued by the housing authority at the child’s place of residence. This document confirms the place of residence of a minor son or daughter with one of the parents;
certificate of income of the defendant. It is not always possible to obtain a document of this kind, since parents who refuse to support their children often hide their place of work or the amount of their earnings.

All documents are submitted in the form of simple copies - the originals are presented at the court hearing. It is necessary to submit as many copies of the statement of claim and sets of attachments as there are persons participating in the trial (usually in triplicate - for the court, the plaintiff, the defendant).

Appeal for alimony in 2020: deadlines, procedure, sample

These may include circumstances related to the state of health or the personality of the person declaring it. If the party notified on time does not provide valid reasons, the court has the right, guided by Article 167 of the Code of Civil Procedure of the Russian Federation, to consider the case in their absence.

Example of writing a complaint:
IN _____________________________
(name of district court)
From: ____________________________
(Initials in full, address,
status in case)
APPEAL
for a decision in a civil case _____ (indicate the case number)
from _______(date of decision)

An appeal can be filed before the decision comes into force - Art. 320, paragraph 1;
Any party, persons whose interests are affected, can appeal - Art. 320, pp. 2–3;
the complaint is considered by the district court - Art. 320.1, paragraph 1;
submitted through the magistrate who made the decision.

Filing an appeal or cassation claim is the only way to challenge a previously rendered court decision. But under an alimony agreement, the amount of monetary contributions can be reduced by documenting the new text of the agreement, which is certified by a notary.

Appeal against a decision to collect alimony in a fixed amount

According to Art. 83 of the RF IC in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, variable earnings and (or) other income, or if this parent receives earnings and (or) other income in full or partially in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed sum of money.

The court found that the defendant works as a delivery driver for Altayelectro LLC and at the time of consideration of the dispute has a regular income of 5,000 rubles. The defendant receives wages in rubles, but does not receive payments in foreign currency or in kind. At work, the defendant was promised that his earnings would be 10-12 thousand rubles after he completed the probationary period.

State duty when filing an application for alimony

Example. Ivan I. is obliged to pay alimony for the child from his first marriage in a fixed sum of money equal to 8,000 rubles per month. A disabled child was born into the man’s new family, and Ivan filed a lawsuit to reduce the amount of alimony to 4,500 rubles. per month. The cost of the claim will be:

legal nature - this is assistance in drawing up an agreement, checking the documents provided, preparing the text, legal justification, reference to legal norms;
of a technical nature - these are the services of typing (printing) a document, the cost of a special form.

30 Mar 2021 klasterlaw 114
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How to calculate the state duty to reduce alimony

Calculating the state duty based on a fixed amount is not particularly difficult, since regardless of the size of changes in alimony, the payment will always be equal to 300 rubles. But it’s a completely different matter if the calculation should be made on the basis of clause 1, clause 1, article 333.19 of the Tax Code of the Russian Federation. Here the specific amount of payments is of serious importance. Moreover, you also need to take into account the type of alimony payment itself. If the money is transferred in a fixed amount, then the situation is somewhat simplified, since specific numbers can be taken into account. But if the payment is based on a percentage of the payer's income, then everything will be more difficult to calculate. For convenience, we will give the most complex example. Any other options will be calculated according to the same scheme, but some actions can be skipped.

Example: Vasily Fedorovich has a child from his first marriage, for whose maintenance he deducts 25% of his income. After some time, Vasily got married and had another baby in his new family. Such an event is a good reason to review the amount of alimony and reduce it, for example, to 20%. Vasily works at a factory and earns 20 thousand rubles a month.

In the presented situation, you first need to determine the current amount of alimony. Since Vasily pays 25% of the amount, this means alimony will be equal to 5 thousand rubles. The next step is to determine the amount that the payer plans to transfer after the reduction. This is 20 of 20 thousand, which means 4 thousand rubles. The difference between the amounts will be 5-4 = 1 thousand rubles. Per year, the total reduction will be 1*12=12 thousand rubles. This will be the cost of the claim.

Now you should pay attention to paragraph 1. It says that if the size of the claim is less than 20 thousand rubles, then the state duty will be equal to 4%, but not less than 400 rubles. 4% of 12 thousand = 480 rubles. This is exactly how much Vasily will have to pay the court in order for his application to be considered.

Calculating the state duty is usually not difficult, but the very application to the court with a demand to reduce the amount of alimony payments often encounters many obstacles. Our experienced lawyer will help you deal with them. He will provide a free consultation on emerging issues and will be able to represent the client’s interests in court. We also provide assistance in finding evidence, documents and other materials that may be required when considering the case.

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