ALIMENTARY issues. What is important to know about changes in the calculation of alimony

Mothers and fathers living separately from their children are required to send monthly child support payments to the other parent. This requirement, the rules and features of its implementation, the algorithm for assigning and calculating payments, etc. – all this is enshrined at the level of federal legislation. All information is indicated in the contents of the fifth section of the Family Code of the Russian Federation dated December 29, 2995 (current edition dated February 4, 2021 with additional adjustments dated March 2, 2021).

In 2021, there were changes in the legislative norms regarding the payment of alimony. In particular, due to the rise in living standards, the minimum allowable amount of monthly payments was increased. Also under consideration in the State Duma are several bills and proposals providing for additional state alimony and tightening the responsibility of citizens who do not comply with the norms of the Family Code of the Russian Federation in providing for their children.

Who pays child support?

Financial support for a child is the responsibility of both parents. If one of them does not fulfill it, then the second has the right to request alimony. They can be appointed either as a result of a voluntary agreement or on the basis of a decision of the judicial authorities.

For the purpose of alimony, the presence of an officially registered marriage is not important. The child’s parents can either be married or divorced, or never be married at all.

On a note:

The presence or absence of the fact that both parents live together with the child is not a limitation for the assignment of alimony. If, for example, a mother living with her father considers that the latter does not provide for the child financially, then, upon providing appropriate evidence, she can request alimony.

What income is child support deducted from in 2021?

The list of income from the amount of which alimony is withheld in 2020 is established by Article 82 of the RF IC and Decree of the Government of the Russian Federation dated July 18, 1996 No. 841. The above regulations are devoted to the types of salaries and other types of income from which payments are collected for children under 18 years. Thus, funds for child support in 2021 can be withheld from the following types of earnings:

1. Monetary rewards addressed to persons holding positions in institutions and government bodies.
2. Wages calculated according to the tariff rate established by the employer.
3. Monetary allowances and other accruals aimed at municipal employees.
4. Fees paid to workers in the arts, culture and science, and media employees.
5. Allowances, cash payments for professional skills, classes and ranks.
6. Supplements paid in connection with regional coefficients and regional benefits.
7. Monetary allowance paid to teaching staff of state educational institutions.
8. Bonuses and salaries paid to employees in accordance with the employment contract.
9. Payments to employees of medical organizations.
10. Cash transferred to employees during vacation periods.
11. Other forms of additional payments to wages.

IMPORTANT
Alimony is always deducted only after income tax of 13% has been withheld from one or another form of income.

Monthly alimony amount - how is it determined?

Alimony payments can be calculated in one of the following ways:

• constitute a certain percentage of the official income and earnings of the payer;
• take an arbitrary value based on an agreement concluded between the child’s parents on a voluntary basis;
• constitute a fixed part of the cost of living;
• provided in kind.

The amount of alimony is calculated as follows:

The wording indicated in the table reflects only the possible amounts of alimony. In fact, the amount of payments can be either less or more. It all depends on:

• the contents of the payment agreement that the child’s parents entered into among themselves on a voluntary basis;
• a decision of a judicial institution obliging one of the child’s parents to pay child support.

Will the minimum amount of child support be limited from January 1, 2021?

Unfortunately, at the moment in Russia there is no limit on the minimum amount of alimony . Because of this, situations often arise when the mother (or father) receives meager payments for the child from the second parent and actually has to support him alone. This often happens when the payer hides part of the income and receives a small official salary.

Example . The ex-husband of Irina F., with whom their common minor child remains to live, receives part of the salary “in an envelope” and pays alimony only from the official part of the income - 13,000 rubles. Consequently, he transfers only 3,250 rubles to Irina. monthly (25% of earnings).

To make the occurrence of such situations impossible, bills have been repeatedly introduced into the State Duma with a proposal to limit the minimum possible amount of payments for children at the legislative level. Typically, deputies advocated that the amount of alimony should not be lower than the child’s minimum monthly allowance. Deputies of the “A Just Russia” faction were among the last to speak out about such a need (see bill No. 828623-7). This initiative was rejected immediately after the first reading.

In June 2021, the Ministry of Justice spoke about the need to limit the minimum amount of child support, but at the time of publication of the article, a corresponding bill had not yet appeared . The authorities will probably return to solving this problem in 2021.

However, alimony recipients already have the right to increase the amount of payments for children , for example, by changing the collection method from shared to fixed.

The situation with alimony debts in the Russian Federation

Setting alimony is one thing. Getting them is another matter. In the Russian Federation, there is an acute problem of a large number of non-payers. According to statistics, over 150 billion rubles were not paid in the previous year alone. from more than 800 thousand people.

Due to the current situation, the need to change the system is simply necessary. However, the authorities have no plans to do this yet. At the same time, in the spring of 2021, a proposal was submitted to the State Duma to introduce so-called state alimony for citizens with children who do not receive money from the second parent. However, these are just proposals for now. It is unknown whether the idea will be developed and whether it will soon become a legislative norm or not.

However, the chances of this happening are high. At the end of autumn 2021, based on the results of an extended meeting of the State Council, a list of instructions was compiled, the deadline for which was set as August 1, 2021. One item on the list was the task of developing and introducing a system of social support for children, one of whose parents evades paying child support.

"Housing" alimony

Since the beginning of 2021, Russian alimony collectors have the opportunity to receive money from payers to provide the child with suitable housing . Corresponding changes were made to Art. 86 RF IC Federal Law No. 10-FZ dated 02/06/2020.

Housing support is collected as part of additional expenses for the child. Previously, Article 86 of the RF IC directly indicated the following circumstances:

• serious illness or injury to a child;
• the need to pay for outside child care, and so on.

Although this list was not closed, most often additional funds for the maintenance of children were collected only if they had health problems. It is in this regard that the list of exceptional circumstances was supplemented with a clause on the possibility of obtaining additional benefits. funds and, if necessary, providing the child with living quarters. Of course, in order to recover this money, the recipient of alimony must prove that he cannot provide the children with living space on his own.

As before, in 2021, in the absence of a notarial agreement, the courts will award “housing” child support in a fixed amount , the amount and frequency of payment of which depend on the circumstances of each specific case. The most important aspects are the financial and family status of all participants in the process.

Additions to the Criminal Code

According to statistics, about a third of citizens who have been assigned obligations to pay alimony do not pay money. However, many more people pay, but much less than the prescribed amount. Until 2021, this scheme allowed evaders to avoid criminal liability.

For example, earlier if a citizen paid 1 thousand rubles monthly. out of 10 appointed, he did not qualify as a draft dodger. Of course, he had a debt, which, although difficult, could be collected through enforcement proceedings, but it was not possible to hold such a payer accountable for evasion.

A bill is currently being developed that would introduce additional language to the provisions of Art. 157 of the Criminal Code of the Russian Federation dated June 13, 1996 (version current at the time of writing, dated April 5, 2021 with additional adjustments dated April 8, 2021).

The Ministry of Justice of the Russian Federation wants to make an addition to the content of this article, which will read as follows:

«…in the amount established by a court decision or notarial agreement.”

Thanks to this proposal, it will be possible to overcome the problem when a citizen did not pay alimony in full and he could not be held accountable for this in accordance with the Criminal Code of the Russian Federation. The procedure for introducing this amendment is already in the status of a bill. Its acceptance and publication is only a matter of time.

Dad will pay

The Ministry of Justice proposes to fix the minimum amount of alimony at the legislative level. This will help break the vicious relationship: no salary, no alimony. Work is currently underway on the relevant provisions of the Family Code.

As a representative of the Ministry of Justice said in a conversation with RG, the lower threshold of alimony will be calculated based on the cost of living per child or on the minimum wage in each specific region.

Thus, in Moscow the minimum wage is more than 20 thousand rubles. In the regions it is slightly lower. For example, in the Saratov region it is 12.5 thousand rubles. In any case, this is significantly more than the amounts that one of the parents (in the vast majority of cases, the mother) sometimes receives to support the child.

For example, if the father is on unemployment benefits, then the percentage of alimony is deducted from this amount. Lower threshold for the unemployed: 1.5 thousand rubles. But even if the father has an official income, but receives something in the region of the minimum wage, not as a top manager, then, according to the Family Code, the child is entitled to 25 percent. That is, if the father in Saratov is paid the minimum, then the child will receive about 3 thousand rubles per month.

Of course, this order of numbers is unlikely to cover half of even the most modest expenses for a child. In any region of the country.

Galina’s ex-husband sends exactly 3 thousand rubles in alimony for his son. Her five-year-old Maxim dreams of learning to ride a bicycle, like the neighborhood boys.

“But what kind of bike is there for such alimony,” says my mother, “if there simply isn’t enough to feed and clothe me.” In response to the claims, Maxim’s dad previously showed zero income declarations. It would seem that the unemployed and bribes are smooth. But often this is a profanity. “The ex-husband is actually the general director of his own company,” explains Galina. “Now he has come up with another way to avoid paying the real amount of his income: he got a job in his own company as a cashier on a salary of 12 thousand and pays alimony from this amount. And this despite the fact that Maxim’s dad recently bought himself a new car, and before the introduction of quarantine he actively traveled abroad. But he supposedly “doesn’t have money” for a bicycle for his son.

According to Dmitry Shevelko, Candidate of Legal Sciences, the only way to force a parent to pay adequate money is to establish the same minimum wage as the minimum amount of alimony. Therefore, he fully supports the legislative initiative of the Ministry of Justice, adding that such a guarantee will become protection not only in conditions when one of the parents does not work.

“Now we have a very low culture of responsibility for one’s child and paying child support,” says the lawyer. — Very often fathers do not want to pay normal alimony, so they hide their income, transfer property to their parents, brothers, sisters, etc. At the moment, mother and child are not protected in these cases.” In practice, the story of Galina and her son is one of thousands of similar ones. New amendments will be able to change the egregious state of affairs. “The minimum wage will force a person to choose: either you open up your income, or you will be held accountable, even criminally,” the lawyer emphasizes.

Because it is still quite difficult to find justice for such negligent fathers. It is now possible to prove that there is a concealment of real income in order to avoid paying alimony using only one scenario. The mother of the child can file a claim to change the procedure for calculating alimony from a percentage of income to a fixed sum of money. However, this is not an easy path - you will have to confirm in court that you are spending twice as much on the interests of the child: collecting absolutely all checks and payment documents.

With the adoption of the new law, it will be enough to go to court, which will issue an order, and the minimum wage will be automatically deducted from the father’s income. And only if this amount, calculated according to the minimum wage, does not cover the actual expenses for the child, then the court can ask to increase the amount of alimony in order to maintain the same level of support for the child. This can be done under Article 83 of the Family Code, and the ministry is also currently working on improving its provisions. So, ultimately, the mother will have a choice: either receive a certain percentage of her ex-husband’s salary, or demand a fixed amount of the minimum wage.

If the law is adopted, it will be enough to go to court, and it will issue an order to assign alimony in the amount of the minimum wage

Galina is not afraid of difficulties and is ready to go to court for a fixed sum of money for her son. Under current legislation, this is a long and difficult battle. If the proposed rules were already in effect, she could now, in a simplified manner, receive a court order to calculate alimony in the amount of the minimum wage instead of 3 thousand rubles, and this would be a good help while the big trial is going on. Maxim’s dad hasn’t seen his son for a year and a half, and doesn’t even wish him a happy birthday. Of course, not a single letter of the law will awaken fatherly feelings in him. But if the new changes are accepted, then Max will still have a bicycle, and he will be able to tell all his friends: “Dad gave this to me!”, finally ceasing to feel like a black sheep. Unfortunately, the state cannot force you to love your child, take an interest in him and sincerely enjoy his new skills and abilities, but the authorities can oblige him to pay money sufficient for the child to grow up and live a full life.

Responsibility for non-payment of alimony

As of 2021, for failure to pay alimony, the court can assign to a draft dodger:

• correctional labor – up to one year;
• forced labor – up to one year;
• arrest – up to three months;
• suspended or actual imprisonment – ​​up to a year.

The chosen penalty depends on factors such as:

• the presence or absence of valid reasons;
• amount of debt;
• number of offenses committed regarding non-payment of alimony, etc.

Indexation of alimony payments

Indexation is a regular change in the amount of alimony assigned in a fixed amount. The indicator increases in direct proportion to the increase in the minimum wage in the recipient’s region. This rule is reflected in Part 1 of Art. 117 RF IC. The indexation of alimony in 2021 must be carried out by the employer, who automatically deducts funds from the payer’s salary, or by the bailiff who conducts enforcement proceedings. Within the meaning of Art. 117 of the RF IC, changes in the amount of alimony payments occur automatically, that is, there is no need to submit separate applications and demands.

Attention

If the cost of living has decreased, alimony indexation will not be organized in 2021. The amount of payments cannot be reduced, which is reflected in clause 5.2 of the Methodological Recommendations regulating the procedure for fulfilling the requirements of documents on the collection of alimony obligations.

In accordance with Art. 105 of the RF IC, if alimony was established by agreement between the parties, the procedure and amount of indexation in 2020 are established by citizens independently. Otherwise, Art. 117 of the RF IC and general principles of family law.

What will not change in alimony?

In 2021, the principles and principles of family law will remain unchanged. So, in the previous state there will be the following provisions:

1. The circle of persons entitled to receive financial support.
2. Amounts of alimony percentages withheld from the payers' income.
3. Responsibility for late payment of funds, amount of penalties.
4. Grounds for exemption from payment of arrears of alimony and penalties.
5. Rules for changing the established amounts of alimony.
6. List of income from which funds are collected.
7. Methods for establishing the procedure for collecting alimony: voluntary and judicial.

For your information,
most of the legislative initiatives discussed in this article are at the discussion stage. In this regard, most of the RF IC, and in particular with regard to alimony, will remain unchanged in 2021.

Can they take away their housing for debt obligations in 2020?

Legislative regulation of the possibility of confiscating the only home from alimony defaulters in 2021 has been discussed for several years. In 2021, representatives of the Ministry of Justice began developing a corresponding bill, but currently it has not yet been adopted.

The essence of the bill is that the state has the right to seize the only home of a persistent alimony defaulter if the amount of debt significantly exceeds the minimum area required for each family member. Thus, only expensive housing would be subject to foreclosure. At the same time, part of the funds must be returned to the debtor for the purchase of new living space.

Attention

In modern legislation in 2021, there is only one possibility of repossession of the only home - if it was purchased with a mortgage and the terms of the contract, as well as the norms of mortgage legislation, can be foreclosed on. This rule is reflected in paragraph. 2 hours 1 tbsp. 446 Code of Civil Procedure of the Russian Federation.

Can child support be canceled in 2021?

In 2021, the Petition to cancel alimony gained enormous popularity. The initiators were members of the “Egalitarian Men’s Movement,” an international public organization dedicated to protecting men’s rights. Since April 2021, the document has been signed by more than 17,000 people. However, it is impossible to talk about the abolition of child support in 2020. The state especially protects the rights and interests of minor citizens, therefore, at the legislative level, alimony obligations will not be canceled in the coming years. On the contrary, modern policy follows the path of tightening liability for non-payment of funds for the maintenance of children.

Where do you apply for child support in 2021?

Art. 81 of the RF IC indicates that if the parties have not reached an agreement to provide for relatives in need, they should go to court to resolve conflict situations. The modern judicial system consists of several instances. Thus, an application for alimony in 2021 can be submitted both to the district (city) court and to justices of the peace. In order to understand the difference and essence of each instance, you should refer to the table below.

Considering the features of proceedings in cases related to alimony in 2021, it should be noted that the writ is generally faster and simpler than the claim.

Alimony from survivor's pension in 2021

In accordance with Art. 10 of the Federal Law “On Insurance Pensions”, disabled members of the family of a deceased person have the right to receive a survivor’s pension in 2021. An important condition is being a dependent of the deceased.

Attention

Parents, spouses, grandparents, brothers and sisters caring for children, brothers, sisters or grandchildren under 14 years of age of a deceased breadwinner are entitled to receive a survivor's pension in 2021, regardless of whether they were dependent or not .

The peculiarity of the survivor's pension is that it cannot be subject to any recovery, including alimony in 2021. This rule is strictly enshrined in Art. 101 Federal Law “On Enforcement Proceedings”. There are no changes or additions to this part, so during 2021 the survivor’s pension will remain intact.

Alimony payments from the state

On April 3, 2021, a bill was introduced for discussion, according to which the authorities could, instead of parents, take upon themselves the obligation to pay child support. In this case, the following conditions must be met:

1. The child's parents maliciously evade paying money for the maintenance of their child.
2. Funds are not transferred for 6 months or more.
3. The debtor does not have property, and if he does, then the objects cannot be foreclosed on.

On April 5, 2021, the relevant committee of the State Duma decided to submit the project to the Council. On May 23, 2021, a decision is made to reject the project and postpone the consideration date. Throughout 2021, there was not a single meeting to discuss the project under consideration. In this regard, the likelihood that the document will be adopted this year is quite small.

For your information

In modern conditions, without changes regarding alimony in 2021, Art. 112 of the RF IC, according to which it is possible to foreclose on the property of a person obligated to pay obligations.

Will the deferment from the army be canceled for alimony debtors?

Art. 68 of the Federal Law “On Enforcement Proceedings” regulates the list of measures to influence the debtor in order to fulfill obligations. These measures do not include the abolition of deferment from the army. However, during 2021 this initiative was discussed quite actively. Deputies proposed depriving unscrupulous fathers of the right to a deferment from military service upon conscription. It was assumed that you could lose the opportunity to defer military service for arrears in alimony for:

1. Two or more children.
2. A child, a pregnant spouse, if the pregnancy is 26 weeks or more.

For your information
During the discussion of the project, the Government of the Russian Federation proposed to supplement the specified list with another basis - the presence of arrears in child support for a disabled child under 3 years of age. At the same time, one should take into account not only the size of the debt, but also the reasons for its occurrence. The bill was not adopted in 2021. In this regard, it is expected to consider and adopt an initiative to cancel the deferment from the army for alimony debtors in 2021.