Today, the issue of collecting alimony payments from a non-working parent is a cornerstone issue, since the state is experiencing an economic crisis, and therefore some citizens have lost their jobs and wages are not increasing. In addition, the difficulty in this situation is expressed not only in the lack of official earnings from which funds are withheld to provide for children, but also in the fact that some “negligent” parents generally do not want to bear the burden of alimony payments and often simply evade legal requirements court decision.
Grounds for recovery
So, to collect alimony in a fixed amount of money, some grounds are needed. Let's say the alimony payer gets a rotational, seasonal job, the income from which is not permanent. Such people include sailors, helpers in agricultural work, and people in creative professions.
For example, Albina is an announcer. Her entire work activity is a series of fixed-term and even one-time employment contracts. From time to time Albina is invited to the radio; periodically she conducts classes, lectures at universities or colleges, and takes part in the “voice acting” of computer games.
Albina’s income is constantly changing: sometimes it’s completely absent, sometimes it “jumps” noticeably. Therefore, the woman pays alimony for her son, who lives in another city with his grandmother, in a fixed amount.
There are other opportunities to receive “non-equity” payments:
- The debtor receives part of his salary in kind: for example, he works at a vegetable warehouse, which pays its employees both in money and in products.
- The alimony payer receives a salary in the money of another country.
- If the shared calculation of alimony results in a too low, literally ridiculous amount. In this case, they speak of a violation of the interests of the recipient of the payments.
- A case where parents “divided” their children during a divorce. For example, a son stayed with his father, a daughter with her mother. But the woman works as the chief accountant of the city-forming enterprise, and the man drives a city bus. How not to infringe on the material interests of your son? In accordance with the law, his wealthy mother pays fixed alimony.
New rules for paying alimony
Evasion of paying child support for minor children still remains one of the most pressing problems of modern Russian society.
As of mid-2014, 2.2 million children do not receive legal child support from their parents, and about 20% of them are children from low-income families.
In this regard, the priorities of state family policy in the field of alimony enforcement in accordance with the Family Policy Concept approved by the Government of the Russian Federation in 2015 will be:
- development of measures to ensure regularity of alimony payments , including measures to strengthen the responsibility of debtors;
- reducing the share of children who do not receive child support in full in the total number of children entitled to receive it.
In addition, the State Duma of the Federal Assembly of the Russian Federation is currently discussing draft law No. 489583-6 “On amendments to certain legislative acts in terms of strengthening guarantees of the child’s rights to receive alimony,” introduced by deputies from A Just Russia.
If the bill is adopted in 2015, state guarantees will be established for the payment of alimony from the regional budget in situations where the alimony payer evades compliance with the norms of the Family Code.
It is proposed to fix guaranteed alimony payments in the amount of the subsistence minimum established for the corresponding social group of the recipient in the subject of the federation.
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Amount amount
When alimony is provided in a fixed amount, the cost of living of a particular region is taken as the basis. This is done because local coefficients and various premiums are often used in different regions of the country.
In some cases, it is permissible to use the average cost of living. Now it is approximately 7920 rubles.
Payments of such alimony cannot fall lower than the minimum subsistence level dictates. Moreover, the total amount can be two or three times more. The main thing is that the recipient of alimony presents sufficient grounds for this in court.
Possible minimum amount of alimony
If bill No. 489583-6 is adopted in 2015, deputies of A Just Russia also propose establishing a minimum amount of child support for minor children collected from parents.
In accordance with the document, the minimum amount for child support collected from parents cannot be lower than the subsistence level established in the relevant constituent entity of the Russian Federation.
The determination of the lower limit of alimony payments at the level of the regional subsistence level is proposed so that in cases of deliberate reduction of declared earnings by the alimony payer, which is currently widespread, a guaranteed level of financial support for minor children is ensured.
How to apply for fixed payments
First, decide on the grounds: can you really demand the collection of alimony in a fixed amount? There may even be more than one legal basis for your situation. Of course, this will not help increase the amount of alimony, but every argument of this kind is important for the court.
Then start collecting documents. You will have to prove your position. For example, if the alimony payer’s official salary according to the 2-NDFL certificate is just a meager amount, and the “gray” income is much higher . If there is no evidence for this, you will lose the case.
The following situation is possible: the employer transfers a “gray” salary to the bank account of a person obligated to pay alimony, but the payments are made on some other basis. This information can only be confirmed at the request of the court during the consideration of the case. If you are in this situation, please indicate this in your court papers.
How you present your evidence depends on the situation. This could be testimony (for example, about how an allegedly idle debtor suddenly got a car from somewhere) and in general anything that will help you win the case.
You will also need:
- make a copy of the application to the court for the collection of alimony;
- make copies of marriage and children's documents;
- obtain a certificate of your salary from your employer;
- prepare a calculation of the financial needs of your children (child);
- take a certificate from your place of residence to confirm that you and your children live together.
And most importantly, prepare your claim correctly.
The following video consultation from a well-known lawyer will help you understand what amount of child support is considered fixed and how to apply for it:
Ways to receive money
If there is no agreement between the divorced parents, and the father refuses to pay maintenance, the mother has the right to file a lawsuit with a similar demand in court. In this case, the claim must contain an indication of the fact that the father is unemployed, and that when calculating alimony payments, the average level of the cost of living must be taken into account, depending on the territory of residence of the child. In the absence of regulation of this indicator in a particular region, the national average is taken as a basis.
The law also establishes that if the father is unemployed, does not receive a salary, or it is constantly changing, then when determining the amount of alimony payments, the court can set them in fixed monetary terms (for example, if the defendant is partially or completely disabled).
The amount of the minimum amount of alimony paid by an unemployed citizen is determined by the court. When assigning a size, all factors are taken into account:
- the amount of income of a non-working person (the salary level of a working person);
- place of residence of both parents;
- the presence or absence of other children from the obligated party to pay alimony;
- the period from which the dismissal occurred.
At the same time, when determining the amount of payments, the judge proceeds from the fact that the child must maintain optimal financial support, which is necessary for full life support.
If the unemployed parent agrees to pay maintenance, the court will set a minimum amount of contributions. And if an unemployed person deliberately refuses (evades) to provide for his child, then in most cases the starting point for calculating alimony payments will be the established amount of average earnings in the country. So, according to the law? part will be the mandatory minimum amount of alimony payments for one child.
The mother of the child in her claim indicates the amount of money that is due to the child in accordance with established standards, and also clarifies the financial situation of the family before the divorce. In addition to these facts, the application shall indicate the following circumstances: :
- facts affecting the amount of monthly alimony payments (lack of work and salary for the obligated parent for unjustified reasons);
- the need to pay additional funds to pay for additional medical services and training.
Next, you will learn where to file an application for alimony.
Sample application for alimony in a fixed amount
You should contact the Magistrates' Court. Which one - choose. Either in the county where the potential alimony payer is registered, or in yours.
The office of each court must provide sample statements that relate to all possible claims. Or a sample here.
Sample statement of claim for alimony in a fixed amount
Statement of claim (part 1)
Statement of claim (part 2)
How to increase the amount of payments?
Although the law does not provide for such a concept as minimum alimony, by analyzing the norms of family law it can be determined that minimum alimony is payments in a fixed amount of money, which is one-fourth of the subsistence level in the region of the Russian Federation in which alimony is collected. It can't be less.
This amount is determined by the court if the paying parent does not have a regular income and nothing is known about his income.
This minimum also applies to voluntary payment agreements. But the minimum size can be increased.
to ask for an increase in the amount of payments in court. To do this, submit a statement of claim and attach documents that confirm:
- or a change in the financial condition of the child,
- or a change in the financial circumstances of the parent paying child support.
Reasons for increasing the minimum size:
- the child needs additional care (confirmed by relevant certificates);
- the parent who pays alimony has improved his financial situation (has a permanent job, additional income, etc.)
In addition to the listed reasons for revising the amount of payments, there is another legislative mechanism that ensures an increase in alimony due to an increase in the cost of living. The so-called indexing.
Established minimum child support in Russia
Previously, the amount of child support for one child was not strictly established, and therefore many payers did not want to fulfill their obligations. For example, a citizen could legally be listed as working for a small salary, but in fact work for a higher amount. Naturally, little will be deducted for the maintenance of a minor. The assigned amount may not be enough to ensure a comfortable life.
To prevent such cases from happening, in 2021 the minimum amount of alimony was determined, including for one child. It is calculated based on the cost of living in the region, and depends on wages.
Setting the amount of payments also applies to situations where a specific amount is due. As a result, the payer has an obligation to make payments established by law. In 2021, the following minimum amount for the provision of minors came into force:
- for 1 child – 1200;
- at 2 – 1600;
- at 3 – 2400.
They wanted to increase the alimony to 15,000 rubles, but this idea was rejected. This issue is currently being considered.
