Article 117 of the RF IC and comments to it

New edition of Art. 117 IC RF

1. The indexation of alimony collected by a court decision in a fixed sum of money is carried out by the organization or other person to whom the writ of execution (a copy of the writ of execution) was sent in the cases established by part 1 of article 9 and clause 8 of part 1 of article 47 of the Federal Law of October 2, 2007 year N 229-FZ “On Enforcement Proceedings”, or a bailiff within the framework of enforcement proceedings in proportion to the increase in the cost of living for the corresponding socio-demographic group of the population established in the relevant constituent entity of the Russian Federation at the place of residence of the person receiving alimony, and in the absence in the corresponding subject of the Russian Federation, the specified value is proportional to the increase in the cost of living for the corresponding socio-demographic group of the population, established for the Russian Federation as a whole.

2. The amount of alimony collected by a court decision in a fixed sum of money, for the purpose of indexation, is established by the court as a multiple of the subsistence minimum, determined in accordance with the rules of paragraph 1 of this article, including the amount of alimony can be established as a fraction of the subsistence minimum.

Article 117 of the RF IC – indexation of alimony

In the modern world, subject to constant inflation, endless price increases and an increase in the established cost of living, indexation is carried out everywhere. Alimony, the calculation of which is tied directly to the level of the subsistence minimum, is also indexed with a proportional frequency of growth of the calculated indicator; this provision is enshrined in the articles of the Family Code. Indexation of alimony is the product of recalculating their value depending on inflation in the direction of their increase. Article 117 of the Family Code provides for the need to monitor the increase in calculated indicators. Responsibility rests with bailiffs or accountants of organizations in which the payer works. It is they who, as part of their duties, must make timely recalculations.

Application for indexation of alimony - sample 2018

The parent must take into account the interests of the child, and therefore is obliged to monitor current information, and in case of untimely calculation, it is necessary, referring to the articles of the Family Code, to submit an application for a new calculation of the amount of penalties. The application sent for recalculation should indicate the following information:

The name of the organization or the address of the SSP, indicating the specific bailiff.
Information about who is submitting the application.
Details of the defendant.
After the name, information is provided about the number of the writ of execution on which the collection is being made, its date and the amount of payments made to date.
Indicate the start date of production based on the decision made.
Insert a link to the article of the Family Code regulating this issue.
Express a request to recalculate this amount and the existing debt based on the changed minimum.

The application should be completed with the traditional date and personal signature.

Article 117. Indexation of alimony (RF IC)

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Family Code of the Russian Federation

1. The indexation of alimony collected by a court decision in a fixed sum of money is carried out by the organization or other person to whom the writ of execution (a copy of the writ of execution) was sent in the cases established by part 1 of article 9 and clause 8 of part 1 of article 47 of the Federal Law of October 2, 2007 year No. 229-FZ “On Enforcement Proceedings”, or a bailiff within the framework of enforcement proceedings in proportion to the increase in the cost of living for the relevant socio-demographic group of the population established in the relevant constituent entity of the Russian Federation at the place of residence of the person receiving alimony, and in the absence in the corresponding subject of the Russian Federation, the specified value is proportional to the increase in the cost of living for the corresponding socio-demographic group of the population, established for the Russian Federation as a whole. (As amended by Federal Law dated November 14, 2017 N 321-FZ)

(Article as amended by Federal Law dated November 30, 2011 N 363-FZ)

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Article 116. Inadmissibility of offset and reverse collection of alimony

Article 117. Indexation of alimony

Article 118. Payment of alimony in the event of a person obligated to pay alimony leaving for a foreign country for permanent residence

Questions and answers on Article 117

#57038 07.01.2021 (03:53)

Indexation of alimony in a fixed amount of money

According to the notarial agreement on the payment of alimony, alimony is indexed in proportion to the increase in the minimum wage. The responsibility for calculating the specified indexation rests with the full name (mother). The full name (mother) calculates the amount to be paid and notifies the full name (father) of the amount of alimony to be paid. Question: the amount of alimony was indexed only once, then after notification orally, no indexation was carried out. Is it possible to recover the amount of underpaid alimony if the notification was made orally and it is not possible to prove it? (the underpayment occurred due to the fact that indexation was not carried out)

Author: Irina Replies: 1 Reply Read more

#51978 05.03.2020 (19:10)

How to properly fill out an application for alimony?

Hello, I went to the city court, and they told me to write a competent application with a lawyer and bring a ready-made package of documents. I lived in a civil marriage, we lived with him from 2012 to 2021. I gave birth to 2 children and paternity was registered, I now want to file for alimony. Help me how

Author: Antonina Replies: 3 Reply Read more

#48564 12.11.2019 (20:55)

Is it possible to change child support requirements?

Hello! Please tell me! I applied for alimony for my ex-husband in percentage terms, but later I found out that he receives a gray salary. Can I go to court again to change the requirements for alimony (so that 25% of the salary is changed to a fixed amount)? and what could be the reasons for this (in the sense of the reasons for the changes)? And also, the ex-husband is registered in another region. Initially, I had to file a lawsuit for alimony at my place of registration, and then take the writ of execution to the bailiffs at his place of registration. If it’s still possible for me to redo my alimony requirements, where should I go again?! Thanks a lot!!!

Author: Yulia Replies: 2 Reply Read more

#48488 10.11.2019 (10:51)

How is alimony collected according to the subsistence level?

Good afternoon. By decision of the district court, alimony was awarded in the amount of ½ of the subsistence level for children 4774.50 for the 4th quarter of 2017. The amount of alimony is subject to indexation in proportion to the subsistence level. The bailiff said the amount of alimony awarded was 4774.50. But I don’t agree, the cost of living increases every quarter, but alimony remains the same. How should child support be paid? How to correct Amount or ½ subsistence level

Author: Natalya Replies: 3 Reply Read more

#35339 01/20/2019 (12:17) 300 rubles paid.

alimony from a sailor

Hello. There is a difficult situation in the family, I am thinking about divorce. I have a child, 2 years old. husband is a sailor. does not officially work in Russia, does not pay taxes. 4 months swimming, 2-3 months at home. contract worker salary during the voyage is 5000 euros. head office in Holland. but there is an office in St. Petersburg. calls St. Petersburg when you need to resolve issues with visas, flight dates, contracts, etc. I'm on maternity leave now, but I work at school. my salary is 17,000 rubles. I understand that it is very difficult to feed and raise a child on such a salary. Tell me, can I count on alimony and what amount should it be?

Author: Oksana Replies: 19 Reply Read more

Useful information and samples on Article 117

236 0

05.03.2019

Judicial collection of alimony for the maintenance of minor children.

Group: Legal literacy Author: Oleynik Maxim Valerievich

More details

130

22.05.2015

Sample claim for deprivation of parental rights and collection of alimony

Group: Statements of claim to civil court

More details

142

22.05.2015

Statement of claim to change the amount of child support established by the court

Group: Statements of claim to civil court

More details

Application procedure

Guided by the provisions of Article 117 of the RF IC, the question arises: why is it necessary to draw up a statement at all if the executors of the BSC and the accountant are appointed responsible. Note that not everyone fulfills their duties in full; the reason for untimely indexation can be a banal human factor, which only affects the child who does not receive the payments due to him. An application to increase the amount of alimony should be submitted, referring to the article of the RF IC, either to the organization that makes the deduction of payments, or to the bailiff. In both cases, the recipient is obliged to either deliver the application against signature in person, or send it by registered mail.

An example of calculating the indexation of alimony in a fixed amount

The recipient of alimony can control the amount of accrued payments, knowing the minimum wage for a specific region of residence and the value of the assigned coefficient to the payer. The coefficient can be found in the writ of execution, which must be kept by the recipient. Using a simple formula and a calculator, you can easily calculate the amount of alimony due for collection for a given period. (The procedure for assigning alimony in a fixed amount is presented in detail here:)

Example formula:

Current value of the minimum wage • awarded coefficient = correct amount of penalties.

For example, the minimum wage in 2021 is 9,489 rubles, and the payer was awarded a coefficient of 0.75 minimum wage.

Calculating payouts is quite easy:

9489 • 0.75 = 7116 rubles

The earlier minimum wage was 6,204 rubles.

7500 • 0.75 = 5625 rubles.

Calculate the difference:

7116 - 5625 = 1491 rubles.

1,491 rubles is the indexation amount, the recalculation of which, according to an article of the Family Code, can be made retroactively. (Information about the average earnings in the Russian Federation, from which alimony is calculated, is at the link:)

Commentary on Article 117 of the RF IC

1. Indexation is one of the ways to protect the population and consumers from inflation, which consists in the fact that the state and other entities paying income increase the cash income and savings of citizens in accordance with rising prices for consumer goods and services. Paragraph 1 of the commented article talks about the indexation of alimony.

The minimum wage is established by Federal Law No. 82-FZ of June 19, 2000 “On the minimum wage.” This Law establishes two types of minimum wages (minimum wages). According to Art. 1, as a general rule, it is 4611 rubles per month.

In accordance with Art. 3 of this Law, the above-mentioned minimum wage is used to regulate wages and determine the amount of benefits for temporary disability, pregnancy and childbirth, as well as for other purposes of compulsory social insurance. The use of the specified minimum wage for other purposes is not permitted.

Alimony payments are classified as payments for other purposes. The minimum wage in this case is regulated by Art. 5 of the said Law, according to which it should be 100 rubles. However, it should be taken into account that the Supreme Court of the Russian Federation, in its Review of Judicial Practice for the third quarter of 2006, gave the following explanation: “In accordance with the norms of the Family Code of the Russian Federation, alimony is collected in proportion to the earnings of the person obligated to pay alimony. When the minimum wage increases, the salary of that person increases, therefore, the amount of alimony paid increases. Since persons receiving alimony as a share of the salary of the alimony payer and persons receiving alimony in a lump sum must be equally protected from inflation, when indexing the amounts of alimony collected by a court decision in a lump sum, the minimum the amount of remuneration established by Art. 1 of the Federal Law of June 19, 2000 N 82-FZ “On the minimum wage” (that is, 4611 rubles).

2. According to paragraph 2 of the commented article, the court establishes alimony in a fixed amount of money in a certain amount of the minimum wage. In this regard, paragraph 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and the collection of alimony” the following explanation was given: when collecting alimony in a fixed amount of money courts must take into account that the amount of alimony collected for minor children from parents (Article 83 of the RF IC), as well as from former adoptive parents when the adoption is canceled (clause 4 of Article 143 of the IC), must be determined based on the maximum possible preservation of the child’s previous level its provision, taking into account the financial and family status of the parties and other noteworthy circumstances.

Judicial practice on indexation of alimony

Alimony payments are awarded to the payer for a long period, during which there are repeated increases in the basic calculated values. Due to the fact that the fixed amount of payments is calculated based on the subsistence level of a particular region, as a result of its increase, the amount of penalties increases proportionally. Judicial practice knows many examples of claims filed in court, when a person responsible for a child and concerned about his fate files a claim to force an increase in the fixed amount established by agreement. All sample claims are satisfied, since this provision on increasing the amount of payments is enshrined in the articles of the Family Code.