The presence of a divorce certificate alone is not a sufficient basis for providing child support. It is necessary to file a lawsuit to collect them or enter into an alimony agreement. If alimony is assigned, there will be significantly fewer problems; they will only have to be indexed periodically so that the money received from the payer does not depreciate. What is indexation of alimony, and what procedure for calculating it worries many alimony recipients today.
Payments for a child: types and methods of collection
Indexation is a certain legislative procedure that is aimed at increasing the amount of child support that one of the parents must pay in the event of divorce. The adjustment of the payment amount depends on the increase in the cost of living for children, which is established in the region.
Not all subjects of the Russian Federation have a child subsistence level indicator. In the absence of this value, the calculations take the all-Russian indicator of children's standard of living.
Can indexation be made for a period that has already passed? If there is arrears in child support payments, the total payment amount may be changed to take into account any changes in the standard of living during the period of debt accumulation.
The purpose of changing the fixed amount of alimony is to ensure the maintenance of children, taking into account the economic situation in the country. Let us note that such issues in Russia are regulated by three codes at once: Family, Tax and Civil.
There are two main types of alimony according to the order in which they are determined.:
- Actual – payments in favor of the child depending on the income of the payer. For example, for the maintenance of one child, according to the law, 25% is deducted from the parent’s salary.
- Fixed - payments in a fixed amount of money, which were determined as a constant value by the court or by agreement between the parents.
Read more about indexing alimony in a fixed amount in a separate article.
The indexation process is not described by law, however, the necessary conditions are provided in other legal acts. For example, the article of the Civil Code “On Enforcement Proceedings” indicates the procedure, timing and rules for indexing.
If the alimony pays a share of his income for child support, then it is impossible to index it. In such a situation, the amount of payment can be increased only through the court and if there are compelling reasons (for example, if the payer hides his income or works unofficially).
According to the new rules, indexation of payments is entrusted to the payer’s employer, provided that the amount of alimony does not exceed 25 thousand rubles. If the amount of payments is greater, then issues regarding payments are considered by bailiffs as part of their paperwork.
Changes in the amount of payments
In appropriate cases, the court has the right to change the amount of alimony. This is usually related to the level of wealth of both parties. Thus, a common reason for reducing the amount is the birth of another child to the parent paying these funds. Justices of the peace assess this fact as decisive.
It is also possible that a child becomes ill and requires expensive treatment. The plaintiff can prove in court that he incurs additional expenses for the care of the patient and petition to raise the level of monetary payments. In these cases, the court decides to increase alimony. However, such a result must take into account all currently existing circumstances. At the same time, a situation should not be allowed where the accrued amount exceeds the interest established by law.
There are 2 ways to change the amounts paid. The first is simple and convenient: if alimony is determined by agreement of the parties, then the amount of payments is also determined by mutual agreement. When the amount of child support is established by the court, then changing it is the subject of proceedings there.
The change in size affects both sides equally.
Each of them takes appropriate measures to increase or decrease payment amounts:
- the first step is related to negotiations, allowing the issue to be resolved in a short time, since it will be possible to find a compromise option;
- a standard sample is needed to fill out an application sent to various authorities: accounting, bailiff service, judicial institutions;
- To substantiate your claims in court, documents are collected and state fees are paid;
- the header of the application indicates the details of the judicial institution at the place of residence of one of the parties (passport details, surname, first name and patronymic, contact numbers and email addresses are copied);
- the main essence is presented in a free style, but with precise indication of dates and data from a court order or agreement (it is necessary to justify the requirements regarding the procedure for calculating and the amount of alimony);
- The list of documents will serve as an evidence base; a date and signature must be affixed.
It is necessary to make at least 3 copies of the application, but it all depends on the number of participants in the process.
The amount of state duty largely depends on the amount of alimony.
| Up to 20 thousand rubles | No more than 4 percent. |
| 100 000 | It will cost 3 percent plus 800 rubles. |
| 200 000 | They cost 2 percent and 3,200 rubles (deduction of 100 thousand). |
| Up to one million | That's one percent plus 5,200 (deduction of 200,000). |
| Over a million | Only 0.5 percent and 13,200 rubles. |
Changes in alimony are made in the same form in which they were awarded - in fixed terms or as a share of earnings. Replacing one method with another is carried out according to a separate statement of claim, the consideration period of which is a month (Article 154 of the Code of Civil Procedure). It is the responsibility of the plaintiff to prove the need for such a replacement (Section VIII of the Review of Judicial Practice).
An increase in alimony payments is made if they are insufficient to provide for the child, unexpected expenses arise and the plaintiff’s financial situation worsens. This threatens the defendant with additional burdens, so the recipient’s claims must be documented.
The plaintiff suffers from a serious illness or was seriously injured, as a result of which he is forced to direct most of his earnings to restore his health. Thus, funds for the maintenance of a child who is deprived of essential things have been reduced.
The plaintiff also supports other children born in a new marriage or non-working parents of retirement age. Or, according to a court decision, an obligation was imposed on him to pay alimony to other persons.
We suggest you read: What documents are needed to register a newborn child?
The recipient of alimony has lost significant financial support due to the death of a spouse, parent, or other close relative.
The plaintiff was fired due to staff reduction or other reasons.
The recipient of alimony had his salary reduced or was transferred to a low-paid position.
The plaintiff's income does not correspond to the rapid increase in prices for essential goods.
Important information
Upon reaching adulthood,
able-bodied
the child does not have the right to demand monthly payments, but has the right to collect arrears of alimony. Adult
disabled
the recipient has the right to both monthly alimony payments and the alimony debt that has accumulated up to this point. Read more in this
article
The payer got rid of additional financial obligations. For example:
- other children to whom the defendant paid child support reached adulthood;
- disabled parents who were supporting him died;
- The defendant divorced his wife, who was previously his dependent.
In addition to his main place of work, the defendant has additional sources of income. Or other circumstances arose that significantly increased the total amount of income.
Recalculation of alimony for the past period is carried out only in relation to payments established in a fixed amount. The amount of alimony increases according to the increase in the cost of living for the social stratum of the population to which the payer belongs (Article 117 of the Family Code). The minimum subsistence level established by:
- In a specific region of Russia at the payer’s place of residence.
- For the entire territory of the Russian Federation as an average value (in the absence of the first option).
To change the amount of alimony, you need to:
- Conclude a new voluntary agreement and have it notarized (clause 2 of article 101 of the UK). Applies if the initial imposition of financial obligations was carried out through the conclusion of a peace agreement, which practically does not occur in reality.
- File a claim in court to change payments, arguing the claim by the emergence of new circumstances in the life of any of the parties. This method is used if:
- alimony was initially awarded by the court, which requires changing its amount in the same way;
- payments were made voluntarily, but the intention to change them did not meet with understanding from the opposite party (clause 4 of article 101 of the IC).
note
On our website in this
article
You can independently calculate the amount of alimony payments and find instructions on how to use the calculator
- Draw up the agreement in writing and have it certified by a notary (preferably the one who executed the original agreement on alimony payment).
- Provide documents: identifying the parties;
- evidence of family relationships - certificates of marriage, divorce, change of surname;
- confirming the relationship between the payer and the child - documents on birth, adoption, establishment of paternity;
- initial agreement on child support payments;
- reflecting the level of income of the payer - certificate 2-NDFL or another, if we are talking about payments in a fixed amount.
Recalculation
The procedure for recalculating the monthly amount of money paid for the maintenance of a child is relevant for his parents over a long period of time - from the moment the baby is born until he reaches adulthood. It is worth noting that payments can be extended until the child reaches 23 years of age if he studies at a higher educational institution. Payments can also be assigned to a disabled child who is declared incompetent.
Indexing includes a lot of features and nuances that you should be aware of. The main ones:
- It is possible to recalculate the payment amount only if there is alimony in a fixed amount;
- The calculations use indicators of the cost of living per child, and the value may vary depending on the region of the Russian Federation;
- If necessary, you can apply for indexation to the relevant government agencies only at your place of residence (registration);
- The legislation does not establish time limits for recalculation. For example, if there is a debt in payments, alimony payments for the past period can be indexed;
- If payments are determined as a share of the income of one of the parents, then it is impossible to change the amount of monthly payments.
Until 2012, indexation was carried out in comparison with the minimum wage. But inflation and prices rose, but the minimum wage did not. That is why five years ago payments began to be adjusted taking into account the minimum amount per child .
The legislation does not provide for strict deadlines for changing the amount of alimony if the payer deliberately hid from paying benefits to his child. If the payment debt arose as a result of understating the amount of income, concealing the place of work or simply evading payments, then indexation can be carried out at any time.
If a parent paid alimony in a fixed amount regularly, then it is possible to recalculate payments only for the last three years. In this case, the calculations will take into account all levels of the living wage for this period.
In addition to the court decision on alimony in favor of the child, parents have the right to independently agree on monthly payments. The law allows you to conclude an agreement on the amount of child support and specify the conditions for changing it. For example, by a certain percentage every year.
Responsibility for violation of the indexing procedure
The person who deducts alimony from wages is responsible for indexing payments. To carry out the procedure, an order from the head of the enterprise is required. The original executive documents will also be applied:
- voluntary agreement;
- court order;
- writ of execution issued under a judicial act.
The writ of execution contains information about the assignment of alimony. Enforcement proceedings begin after sending the application and sheet to the FSSP. Collection of funds is carried out in the amount specified in the writ of execution and the bailiff's resolution. The amount of the benefit is set taking into account the PM indicator in a particular region. Indexation is noted on the sheet, and the amount of payments always increases. The law does not allow a reduction in security, even if the cost of living has decreased.
Indexation of alimony is mandatory if maintenance is paid in a fixed amount. To avoid difficulties or if you need advice on this issue, you can get help completely free on the website. Or here you can find information for paid services.
Required documents
Not always alimony that was established as a fixed amount can be indexed. For example, employees of a government agency or the payer's employer may “forget” to adjust such payments. What to do in such a situation?
If the payer’s employer has not adjusted the benefit amount, you can contact him and write a statement. The following documents must be attached to the application :
- Children's birth certificate.
- Court decision on determining payments.
- The applicant's personal document (passport).
In the text of the application, the employer must indicate the reason for adjusting payments for the child. Most often they write “Due to the increase in the cost of living for a child who has not reached the age of majority.” After receiving the documents and applying, the employer is obliged to carry out indexation. Otherwise, the applicant has the right to file a complaint against him.
Order of conduct
As we mentioned above, only child support payments, which are defined as a fixed monthly amount, can be indexed. What is the procedure for indexing alimony?
The amount can only be changed if the minimum has been adjusted. The process looks like this :
- The Russian government is releasing a bill to increase the cost of living across the country.
- Based on the resolution, regional authorities change the minimum in the subject.
- Changes in the minimum level are published in the media and the information becomes publicly available.
Once the cost of living has increased, the competent authorities must make a decision regarding indexation. For example, the payer’s employer must adjust the amount of payments immediately after changing the minimum per child in the region.
If the payer has official employment, then the indexation is carried out by an accountant at the place of work after receiving the corresponding order from the employer.
If the payer does not have a permanent or official place of work, indexation can be done through bailiffs or the court.
You can find out how alimony indexation is calculated by reading this material.
Indexing Rules
The procedure for indexing alimony paid under the agreement is indicated by this document. If this is not provided for in the contract, then the amount of funds for child support is adjusted in the same way as the payments ordered by the court. The amount increases in proportion to the increase in the amount of PM at the recipient’s place of residence.
When the payer’s income is not regular, or he receives it in foreign currency or in kind, the bailiffs are obliged to index the payments themselves. It is also possible to submit an application for indexation of alimony (a sample document can be found on our website). If the funds are withheld by the payer’s employer, then recalculation is also his responsibility.
Indexation formula for the past period
Now we know that the possibility of changing the amount of child benefits depends on the cost of living. But how exactly is the payment amount calculated?
New amount = A/B*C, where:
- A – the previous amount of alimony.
- B – the previous cost of living.
- C – new minimum size.
It is according to this scheme (formula) that alimony is determined taking into account the cost of living. If the minimum was 10,000 rubles, and then became 11,000 rubles, then with the initial amount of alimony being 7,000 rubles, the indexation will look like this: (7,000/1,000)*11,000. The new amount of alimony will be equal to 7,700 rubles. Indexation will be 700 rubles.
All the features of indexation of alimony debt are described in a special material prepared by our editors.
Arbitrage practice
As we mentioned above, Russia does not yet have precise legislation regarding the revision of the amount of alimony. All adjustments are made based on government recommendations. Judicial practice shows that when considering such cases in court, it is not the legal norm that plays an important role, but the judge’s attitude to the process (the so-called human factor).
If we study the array of court decisions on changing the amount of alimony, we can note that 80% of such processes end in a positive decision in favor of the applicant. And if it was not possible to achieve an increase in the amount of payments following a change in the cost of living, then going to court can bring a positive outcome.
The payer should not accumulate debts on established payments: when the case is considered in court, the debtor may be assigned a fine and also a penalty.
In Russian practice, upon divorce, a child almost always remains with his mother, and his father receives an obligation to pay alimony. And you shouldn’t shy away from this, since bailiffs can seize property, accounts and prohibit you from traveling abroad.
