Alimony is a fixed amount of money. Peculiarities of collecting alimony in a fixed amount: we analyze all the nuances

Alimony in a fixed amount acts as one of two legal options for paying for the maintenance of certain categories of persons. This tool has a number of features. Let's consider them further.

General information

Not everyone clearly understands what alimony in a fixed amount is. The amount and procedure for their calculation are established by law. Payments in this form may be assigned to secure:

• Disabled adult child.
• The second parent caring for children under 3 years of age.
• A minor child subject to a number of conditions.

To receive payment in this form, you must submit a claim. Alimony in a fixed amount is prescribed by the magistrate's court.

Key Features

The amount of alimony in a fixed amount is determined not in accordance with the amount of income or earnings of the parent, but as a multiple of the minimum subsistence level. As a rule, each region has its own indicator. If a fixed amount is not indicated, then the calculation of alimony in a fixed amount is carried out according to the all-Russian minimum subsistence level. This indicator is set by the Government of the country. On average in Russia at the beginning of 2015, alimony in a fixed amount was about 7,920 rubles.

When is payment in this form assigned?

There is a certain procedure according to which you can demand alimony in a fixed amount. The conditions for the application of this right for a minor child require the existence of an appropriate agreement between the parents. In this case, one of them can:

• Receive income in foreign currency (including partially) or in kind.
• Have variable or inconsistent earnings.
• Do not have official confirmation of your income.

Also, alimony in a fixed amount of money in this case is assigned if determining the payment in proportion to the earnings of one of the parents will significantly infringe on the interests of the child.

Fixed payment to an adult

Alimony in a fixed amount of money is assigned to a child in cases where:

All these conditions must be confirmed by documents. They are attached to the application to the court.

Payment to the second parent

A fixed amount is due if:

Alimony in a fixed amount is also due if there is no agreement between the parents or one or both of them shirk their duties.

Features of Calculus

The procedure in accordance with which the amount of alimony is assigned is defined in Article 83 of the SK. As mentioned above, the payment is made as a multiple of the subsistence minimum for a constituent entity of the Russian Federation or according to the national indicator. At the same time, when considering a case, the court must ensure that the level of support for the person in need is maintained as much as possible. In this regard, the official examining the claim takes into account not only the property, but also the family status of the obligated parties. After studying the case materials and becoming familiar with the positions of the participants in the hearing, the court determines the amount of the payment that will be made every month.

Attachments to the requirement

When determining the amount of a fixed payment in practice, documents confirming the income of the parent against whom this form of recovery is applied are of great importance. When going to court, the plaintiff not only must provide a calculation of the amount of alimony. He must also justify the need to assign exactly this amount of payment. At the same time, it is in the interests of the applicant to provide the judicial authority with the maximum amount of information on the defendant’s sources of income. For the official examining the case, all data relating to the salary or other income of the obligated parent is important.

Possible difficulties

Negligent parents who do not express any particular desire to support their children and pay them benefits provide various certificates to the judicial authority, which indicate minimum wages or zero reports on income from commercial activities. In these cases, it is in the interests of the plaintiff to have as much evidence as possible that there is still income, and it is more than indicated in these papers. If he cannot justify his claims, the court will be forced to set a minimum payment amount. Also, when considering the case, the family status of the parties is taken into account. If the defendant has a new family, then you should not count on receiving a fixed amount greater than that established in the Criminal Code, Article 81.

Advantages and disadvantages

Among the advantages of a fixed payment is that in this case the plaintiff has the opportunity to receive from the other parent an amount exceeding the percentage of salary or income established in the insurance system. However, there must be confidence that the arguments available will be sufficient to prove the need to fulfill the obligation in this particular form. Among the disadvantages of this process, experts highlight the comparative complexity of the procedure by which alimony is established. The case involves several stages. Each of them takes a certain time. In general, the proceedings can last quite a long time. In this case, no court order is issued.

There is a list of necessary documents that must be provided to receive a fixed payment. It includes:

These papers are attached to the statement of claim. The person filing the claim has the right to independently determine where the court will be located in which the proceedings will be held - at his place of residence or where the defendant is located. This point must be reflected in the claim.

Application sample

"To the Magistrate's Court of ______

Plaintiff_____ (full name and address)

Defendant_____(full name and address)

Statement of claim

on the collection of alimony in a fixed amount

I am the father (mother) of minors _____ (full name of children/child) ______year of birth. The defendant is the mother (father). The children (child) live with me at the address ____ and are (are) on my full financial support.

The defendant does not participate in providing for the children (child). It was not possible to make a general decision on the payment of alimony; no agreement on it was concluded.

I believe that the defendant is obliged to pay alimony to provide for his minor children (child)_____ in my favor in a fixed amount, because _____ (indicate the circumstances that are provided for in Article 83 of the Family Code, which make it possible to determine fixed payments for maintenance). The establishment of such a deduction will ensure the stability of the maintenance of children (children), eliminate difficulties in establishing the amount of subsequent payments, and maintain proportionality of the financial assistance received by the child (children) and the capabilities of the payer.

When living together with the defendant, we spent an average of ____ rubles on children (child). After divorce, financial support for children (child) is ___r. in accordance with my average monthly income in___r. I ask the court to take into account the marital status of the defendant and the plaintiff when deciding on the assignment of alimony in a fixed amount____ (the marital status and the presence of obligations regarding the maintenance of other persons are indicated).

The cost of living in the territory of ____ (name of the constituent entity of the Russian Federation) for children is on average ____ rubles. for the quarter ____ of the year. This value is established____ (give the name of the regulatory act in accordance with which the subsistence minimum for the region is determined, if it is not established, refer to the corresponding Government resolution on the amount of payment in Russia).

Taking into account the need to provide the children (child) with an appropriate level of maintenance no less than what was previously the case, the amount of alimony in a fixed amount should be___ (indicated in shares relative to the subsistence level, for example 1/2, 2, 1.5, etc.), since ____ (the grounds for collection are indicated). Taking into account the likely fluctuations in prices during the collection of alimony by court decision, a mechanism should be established by which alimony will be indexed in a fixed amount of money, in accordance with changes in the cost of living.

Based on the above, in accordance with Art. 117, 83 RF IC, art. 132, 131 Code of Civil Procedure of the Russian Federation, please:

1. Collect from ____ (full name of the defendant) in favor of ____ (full name of the applicant) a monthly payment of alimony in a fixed amount___ (amount in shares relative to the subsistence level) for the maintenance of minors____ (F .Name of children (child, date of birth and place) from ____ (specify the number) until their (his) majority.
2. Establish a procedure for recalculating funds collected by the court in accordance with changes in the cost of living in ___ (indicate the region or the Russian Federation as a whole).

List of attached documents:

• A copy of the claim.
• A copy of the divorce document (if divorced).
• Copies of birth certificates for children (child).
• Certificate of salary (income) of the plaintiff.
• Papers confirming the defendant’s income.
• Certificate from the place of residence of the plaintiff and children.
• Documents confirming the amount of required security.

Date___ Signature___".

Child support is not always collected as a percentage of the parent’s income. In many cases, they are collected as a fixed sum of money.

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Hard money concept

A fixed amount of money is a fixed amount of alimony, which is not calculated as a percentage of the defendant’s income. For example, alimony in the amount of 5 thousand, and not 25% of earnings.

In what cases is this type established?

Alimony in a fixed amount is assigned to a child if the parent does not have a regular income. The amount of this amount depends on:

• on the financial situation of the second parent;
• on the living conditions and standard of living to which the child is accustomed.

Alimony in a fixed amount is also awarded:

• on the former spouse, if he cannot support himself -
• on the ex-wife if she is pregnant or the spouses have a child together up to 3 years –
• for other family members - disabled brothers and sisters, grandparents, and others -
• on parents, if they are not able to work –
• for a disabled adult child –
• if there is no agreement between the former spouses on the amount of payments for the child/children.

Video: payments in a fixed amount

Accrual conditions

Alimony in a fixed value is assigned in several cases:

• if the parent does not have a permanent income;
• if the parent receives income in kind or in foreign currency (at least part);
• if he does not officially receive income;
• if the percentage of earnings significantly degrades the interests of the child.

This type of alimony is also established by a settlement agreement, an example of which can be between the recipient and the payer.

Lack of payment agreement

If there is no such agreement, then the court will consider all the nuances of the case in order to assign alimony in a fixed amount or as a percentage of income.
The following nuances are taken into consideration:

• the financial situation of both parties to the case;
• the presence of a certain income for each party;
• marital status of each party.

If the court considers that paying alimony in a fixed amount is necessary, it will make such a court decision.

Criteria for a parent

The main criterion for establishing alimony in a fixed amount is the child’s previous standard of living. The court sets the amount in such a way as not to deprive the child of the previous “joys of life.”

Of course, the financial situation of the second parent, who will pay child support, is also taken into account, but the interests of the child are taken into account first.

How to calculate

When filing a claim for alimony in a fixed amount, it is necessary to justify this amount, as well as document each item of expense.
The amount of alimony is calculated based on:

• the recipient's needs;
• and payer capabilities.

What does the size depend on?

The amount of child support depends on the expenses that the other parent is forced to bear. For example, if a child attends any clubs, the parent must prove their appropriateness for the child’s development, and also attach a receipt for payment for these clubs to the claim. Thus, he confirms and justifies the amount that must be recovered from the second parent.

In addition, the plaintiff must provide the court with as much information as possible about the income of the other parent.

This is in his interests and in the interests of the child. If this is not done, the court will rely on the income documents that the defendant presents to the court. If he is an unscrupulous parent, it is in his interests to hide part of the income.

What types of income are charged?

Indexation is carried out in proportion to the increase in the cost of living established in a given subject of the federation.

If there is no such minimum in a given subject, then the all-Russian one is used for calculation.

Indexing example:

Regulatory justification for collection

The collection of alimony in a fixed amount is regulated at the federal level. However, judicial practice on alimony in a fixed amount is quite extensive.

Family code

The main law that regulates the procedure for collecting alimony in a fixed amount is the Family Code.

Arbitrage practice

As a rule, when considering a case regarding the assignment of alimony in a fixed amount, judges take the side of the plaintiff.

For example, the decision of the magistrate of court district No. 92 of the Oktyabrsky district of Rostov-on-Don can be

How to apply for alimony in a fixed amount

To file for collection of alimony in a fixed amount of money, you must file a claim in court.

All available documents must be attached to the claim:

• and justification for the amount of the claim;
• and documents that confirm the defendant’s income.

In addition, it is necessary to make an accurate calculation of the required amount.

Statement of claim

The statement of claim is written in “dry” language, without emotion.

It needs:

• briefly state the essence of the matter;
• clearly define your requirements;
• attach documents that substantiate the essence of the claim and confirm the plaintiff’s words about the stated requirements.

To whom is the claim for collection filed?

The statement of claim is filed at the place of residence of the defendant. If there is a proven fact that a common minor child lives with the plaintiff, then the plaintiff can file a claim at his place of residence.

Additional package of documents to the claim

In addition to the statement of claim itself, the plaintiff must attach a package of documents.

It includes:

• a copy of the plaintiff's passport;
• marriage or divorce certificate;
• children's birth certificate;
• certificate of income of the plaintiff;
• documents confirming the defendant’s income;
• documents justifying the amount of the claim;
• a document confirming that the person in whose favor alimony is being collected lives with the plaintiff.

State duty upon filing

Payment of part of the alimony in a fixed amount, and part in the form of wages (in shares)

This is possible when the amount of alimony calculated as a percentage of the payer’s income is negligible and does not correspond to the child’s previous level.

Then the court orders the payment of a share of alimony as a percentage of income, and the share as a fixed amount.

The payer’s right to stop paying alimony for a minor

Termination of alimony obligations for a minor child is possible if he:

• has fully acquired legal capacity;
• got married;
• works under an employment contract;
• completely emancipated by the court.

Is it possible to collect fixed alimony from an unemployed person?

A sample statement of claim for the collection of alimony for minor children in a fixed amount, taking into account recent changes in legislation.

In general, alimony is collected in proportion to the debtor’s earnings. To collect alimony in a fixed sum of money, it is necessary to comply with the special conditions listed in Article 83 of the Family Code of the Russian Federation: in cases where collection in shared terms is impossible, difficult or significantly violates someone’s interests; if the payer has no income; if the alimony payer receives income from products or goods, other kind; if the alimony payer has a seasonal or fluctuating income, which is typical for seasonal workers, creative workers, and entrepreneurs; if the income received is paid in foreign currency.

Any party can file a claim for the recovery of alimony in a fixed sum of money. The court has the right to collect alimony for minor children simultaneously in shares of the defendant’s earnings and in a fixed sum of money.

The collection of alimony for minor children in a fixed sum of money is possible only in litigation proceedings, after filing a claim and a court decision is made to collect alimony in a fixed sum of money. Court orders for the collection of alimony in a fixed amount of money are not issued.

Requests for the collection of alimony are submitted to the magistrate. The choice of a magistrate at the place of residence of the plaintiff or defendant is the right of the plaintiff. The plaintiff is exempt from paying state fees when filing a claim for the recovery of alimony in a fixed amount.

The amount of alimony is established in a fixed sum of money, which, in accordance with Article 117 of the Family Code of the Russian Federation, is established as a multiple of the subsistence minimum for children established in the constituent entity of the Russian Federation where the minor child lives.

If the cost of living in a constituent entity of the Russian Federation has not been established, the cost of living in the Russian Federation as a whole is accepted, which is established by Decree of the Government of the Russian Federation quarterly, as a rule, with a significant delay of 5-6 months. When the cost of living changes, the amount of alimony collected in a fixed amount of money is subject to indexation, which is independently, by force of law, carried out by a bailiff or an organization at the debtor’s place of work.

If previously alimony was already collected by the court in shares of wages, you can use the presented sample, additionally indicating the decision to collect alimony and the circumstances that changed after this decision was made, affecting the possibility of collecting alimony in a fixed amount.

Magistrate of the court district
No. _____ by city_____________
Plaintiff: _______________________
(full name, address)
Respondent: _____________________
(full name, address)

STATEMENT OF CLAIM
on the collection of alimony in a fixed amount of money

I am the mother (father) of the minor(s) _________ (full name of the child(ren) "___"_________ ____ year of birth, the defendant is his (their) father (mother). The child(ren) lives with me at the address: _________ ( indicate your place of residence), is on my full financial support.

The defendant does not take part in the maintenance of the child (children), it is not possible to voluntarily resolve the issue of paying alimony, an agreement on the payment of alimony has not been concluded.

I believe that the defendant should pay alimony for the maintenance of a minor child (children) _________ (full name of the child) in my favor in a fixed sum of money, since _________ (indicate the circumstances provided for in Article 83 of the Family Code of the Russian Federation, giving the right to determine the method of payment of alimony for minor children in a fixed amount of money). Determining the amount of alimony in a fixed monetary amount will ensure stability in the maintenance of the child (children), avoid difficulties in determining the amount of alimony to be paid further, and comply with the principle of proportionality of the financial assistance received by the child (children) and the capabilities of the alimony payer.

When living together, we spent an average of _______ rubles on a child (children) per month; after a divorce, I can spend _______ rubles on the maintenance of a child (children), based on an average monthly income of _______ rubles. Please take into account the marital status of the parties when deciding the amount of alimony to be paid _________ (indicate the marital status of the plaintiff and defendant, the presence of obligations to support other persons).

The cost of living for children in the territory of _________ (indicate the name of the subject of the Russian Federation where the child lives) is _______ rubles, for the ____ quarter of ____ year, which is established by _________ (indicate which regulatory act establishes the size of the subsistence level in the corresponding subject of the Russian Federation, if not established in subject, indicate in general for the Russian Federation, with reference to the relevant resolution of the Government of the Russian Federation).

Taking into account the need to maximally preserve the level of his previous support for the child (children), the amount of alimony in a fixed amount should be determined in the amount of ____ (indicate the size of the fixed monetary amount in shares of the subsistence level (for example, ½ or 1.5 or 2), since _________ ( indicate the grounds for collecting alimony in the amount specified by the plaintiff). Taking into account possible changes in consumer prices during the period of collecting alimony by court decision, it is necessary to determine the mechanism for indexing alimony collected by the court in a fixed amount, based on changes in the size of the subsistence level.

Based on the above, guided by Articles 83, 117 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

1. To collect from _________ (full name of the defendant) in favor of _________ (full name of the plaintiff) monthly alimony in a fixed sum of money ____ (indicate the amount of a fixed sum of money in shares of the subsistence minimum), for the maintenance of a minor _________ (full name of the child (children), date and place of birth) from “___”_________ ____ until the child(ren) reach adulthood.
2. Establish a procedure for indexing alimony collected by the court depending on changes in the cost of living in the territory of _________ (indicate the subject of the Russian Federation or in the Russian Federation as a whole).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. A copy of the divorce certificate (if divorced)
3. Copy of the child(ren)'s birth certificate
4. Certificate of income of the plaintiff
5. Documents confirming the defendant’s income
6. Documents confirming the amount of necessary support for children
7. Document confirming the residence of the child (children) with the plaintiff

Date of application “___”_________ ____ Signature of the plaintiff _______

How to collect and prepare a claim for alimony in a fixed amount? Legislation and ideas about morality require parents to support their children, as they say, until marriage. But in fact, the Family Code of the Russian Federation provides for the maintenance of a child up to 18 years of age.

These obligations do not stop even after the family home has been destroyed, otherwise the marriage has been dissolved. Then the second parent is obliged to participate in the child’s life, including making payments.

Alimony in a fixed amount must be regular, paid monthly, the amount of which can be determined by the number of children left with the mother.

In this article:

Collection of alimony in a fixed amount: agreement or litigation

Now there are two alternatives to provide child support and determine the amount of alimony in a fixed amount of money; this is a voluntary agreement, or filing a lawsuit in court.

So, in the first option, the spouses have the right to conclude a notarial contract with each other - an agreement (a sample can be viewed here). This document may contain provisions regarding the amount of payments that the other parent must pay each month.

For example, if two children are growing up in the house, then the agreement must indicate the amount of alimony in a specific monetary amount for two children, equal to two subsistence minimums.

When there is no corresponding agreement between the parents, the required amount of alimony is determined only by the court. The fact is that now the smallest amount of alimony in a fixed amount per child is not defined by law.

As practice shows, in this matter the courts are guided by the actual expenses for children, which the plaintiff must justify.

If alimony is awarded as a percentage of income, the law establishes a clear scale of deductions depending on the number of children.

For example, if there are 3 or more children in a family, the amount of deductions, as a rule, does not exceed half of all sources of income.

With a fixed amount of alimony, everything is different. And if the family has many children, then the court must prescribe in its decision the amount of fixed alimony for three or more children, taking into account their real needs.

In addition, when awarding payments, the court is obliged to take into account the need for a young family member to fully exist and develop.

How to receive alimony in a fixed amount

If a specific amount of money for child support is fixed in an agreement between spouses, then if they fail to pay, it is possible to receive alimony in a fixed amount thanks to bailiffs.

In this situation, the collection of alimony in a fixed amount does not involve the participation of the court.

In this case, the payment of alimony in the TDS provides that the agreement between the husband and wife is at the same time an executive document.

Without the spouses having an agreement, alimony in a fixed amount requires filing a claim in the magistrate's court. It is paid with a state fee of 150 rubles.

A requirement aimed at obtaining fixed alimony may also be contained in. Then the state duty regarding the amounts for child support is paid separately.

Let's go to court

The rules for drawing up a claim with a demand to oblige the defendant to pay fixed alimony for child support are practically no different from the basic rules specified in the Civil Code of the Russian Federation.

A statement of claim to the court for the collection of alimony in a fixed amount must contain the following blocks:

1. Details of the justice authority and full information about the parties.
2. Circumstances regarding the stay of the plaintiff and defendant in marriage and its subsequent dissolution.
3. Information about children indicating their last name, first name, patronymic, and year of birth.
4. Links to legal norms.
5. Request for payment of alimony.

A claim for payment of alimony in a fixed amount is filed with the court at the place of residence of the second parent. At the same time, paragraph 3 of Art. 29 of the Code of Civil Procedure of the Russian Federation, allows the plaintiff to appeal to the magistrate at his place of residence.

The application must be accompanied by:

1. Evidence of marriage and termination.
2. A copy of the child's birth certificate.
3. Calculation of monthly expenses for a child or children.

The specific amount in which fixed alimony must be paid is written by the plaintiff in the application. However, the final word still remains with the court.

Below is a sample statement of claim for the recovery of alimony for minor children in the amount of a multiple of the subsistence level.

After downloading this sample application, you can edit it yourself taking into account your specific situation and go to court.

An example of a claim for the recovery of alimony in a fixed amount

Judicial precinct of the magistrate No. 432

Moscow, st. Marshala Savitsky, 16, building 1

Plaintiff: Putintseva Ekaterina Stepanovna

Moscow, Timiryazeva 18, apt. 89

Defendant: Sergeev Anatoly Valerievich

Moscow, Shevchenko 78, apt. 93

Statement of claim

for payment of alimony in a fixed amount

I, Ekaterina Stepanovna Putintseva, have been married to my husband Anatoly Vasilievich Sergeev for 7 years. We have a common child - daughter Sergeeva Maria Anatolyevna, who is already four years old.

By the decision of the magistrate of precinct 323 dated June 15, 2018, the marriage between us was dissolved. In this case, by mutual agreement with the defendant, the child remains to live with me.

Before the divorce, we agreed that the father would pay alimony in favor of the girl in the amount of 2 thousand rubles monthly. However, after the official divorce, payments from the now ex-spouse are not received.

Now my other half does not work anywhere, and he has no permanent sources of income. I learned this from the words of his neighbors.

At the same time, with my salary I cannot support my daughter alone, since I need to pay for kindergarten and utilities. In addition, I have chronic diseases that require me to purchase medications every month.

I confirm my level of income with a certificate issued by the company where I work. The information presented in it is reliable.

Therefore, I am forced to apply for alimony in order to receive funds to provide for the child. According to Part 1 of Article 83 of the Family Code of the Russian Federation, if the debtor does not have a regular income, payments are assigned in a fixed amount.

In addition, in accordance with Art. 117 of the RF IC, when establishing the amount of alimony, the court relies on the existing minimum subsistence level at the time of the dispute, fixed in relation to the maintenance of children.

Taking into account the financial needs of mine and my daughter, I consider it necessary to receive alimony from the defendant in the amount of two subsistence minimums, determined by the state for the normal provision of children.

As of June 1, 2018, the amount of expenses in the country per child in accordance with the law is 9,603 rubles. Therefore, I want to collect 19,206 rubles from the defendant every month.

Based on the above, and guided by the provisions of Articles 83, 117 of the Family Code of the Russian Federation

I ask the court:

Establish a monthly fixed amount of alimony paid by Anatoly Valerievich Sergeev for his daughter, Maria Anatolyevna Sergeeva, in the amount of 19,206 rubles.

Applications

1) A document certifying the divorce.

2) A copy of the certificate confirming the birth of the child

3) A certificate of the plaintiff’s official income for the past 12 months, issued by the employer.

4) Information about the plaintiff’s health status.

5) A copy of the claim with attached materials for the defendant.

Plaintiff Sergeeva E.S.

Note:

If we are talking about child support expressed in a specific monetary amount, then each subject of the Russian Federation has its own subsistence level for children, which may differ from the figure for the country as a whole.

Therefore, before filing a claim, you should find the value of the corresponding indicator. When it increases, the indexation of payments is carried out automatically by the bailiff (provided that the payer is not officially burdened with work).

If it is impossible to withdraw alimony as a percentage of wages, the law provides for filing a claim for alimony in a fixed amount of money. The proposed form of such a document on the recovery of maintenance from minors in hard monetary terms takes into account the latest innovations of the Family Code of the Russian Federation.

Any legal process requires strict compliance with all official instructions. Therefore, correct execution and filing of a claim is the main condition for a positive verdict for the plaintiff. Alimony payments in stable terms are an exceptional case and are awarded very rarely.

The livelihood of minor children in established monetary terms represents an alternative option in relation to equity. The amount of alimony is calculated in a specific amount proportional to the minimum subsistence level.

Basically, payments for disabled persons are levied as a share of the defendant’s wages.

In Art. 83 of the RF IC provides special conditions, compliance with which allows the use of the method of calculating child support:

• if it is impossible to recover in equity terms;
• the debtor lives from receipts in the form of goods or other in-kind forms;
• with a complete lack of income;
• the plaintiff lives on income from seasonal or non-permanent earnings, which applies to entrepreneurs, people of creative professions, and seasonal workers;
• when receiving wages in foreign currency.

A separate case is the collection of maintenance for children divided between father and mother. In this situation, child support is paid by one, wealthier parent.

How to write a statement of claim for alimony in a fixed amount of money

The execution of a claim document for maintenance in a firmly established monetary value is based on compliance with the general criteria for drawing up claims for the collection of alimony and the norms of the division of their jurisdiction.

The claim is sent to the magistrate. The plaintiff has the right to choose a magistrate at his own place of residence or a potential payer. The text of the application must contain a reasoned explanation of the need to collect alimony in a certain amount, and not as a percentage of wages.

The following must be submitted along with the application:

• children's birth certificate;
• certificates of income of the plaintiff and debtor (if possible);
• documents on marriage or divorce.

Usually, justifying the receipt of maintenance for minor children and establishing the size of a fixed amount is the most difficult problem. To do this, it is necessary to indicate the maximum possible level of support for the child or children, taking into account the nuances of the family and financial status of all parties and other facts worthy of consideration.

The amount of alimony must correspond to an amount proportional to the minimum subsistence level for minors, determined by the legislation of the subject of the Russian Federation. In the absence of a living wage established by administrative bodies for a given area, the value of this indicator for the Russian Federation as a whole is taken. It is accrued every quarter, but with a delay of up to six months.

When the cost of living changes, the amount of alimony in fixed terms is indexed. This procedure, in accordance with the law, is independently carried out by the organization at the defendant’s place of employment or, if necessary, by a bailiff.

Filing a claim for alimony in hard cash to the court

A plaintiff who files a claim for the removal of alimony for child support is exempt from paying the state fee. After completing and submitting documents to the magistrate, they are assigned a trial. At the meeting, the legality of demands for collection of monetary support in a fixed amount is established. If the claims are insufficiently substantiated, the magistrate has the right to make a decision on the defendant paying alimony in proportion to his salary.

A sample application for the collection of alimony in a fixed amount can be downloaded .

But the decision to collect alimony payments in one form or another does not mean its strict execution. Therefore, the process of control over the defendant’s actions in this matter is carried out continuously until all children reach the age of majority. The topic of collecting alimony after a positive court decision is quite problematic and forces one to resort to detailed explanations.

Document of claim for the calculation of alimony in a fixed monetary form - reasons for filing

The legal basis for sending a claim to the courts for the recovery of alimony in a fixed sum of money is the RF IC (section 13). An educational document for a general understanding of a court case, as well as self-preparation, can be Resolution of the Plenum of the Armed Forces of the Russian Federation dated October 25, 1996 No. 9. A more modern material is a review of judicial practice in cases of alimony collection dated May 13. 2005, which was prepared by the Supreme Court of the Russian Federation.

Cases of levying maintenance on minors in a fixed amount are not considered in the process of issuing a court order. To do this, it is necessary to send a claim document. This method of establishing the amount of alimony in court is possible in the absence of an agreement on its payment.

Collection of payments for child support in a fixed amount of money is assigned if the defendant’s wages or other income are inconsistent. It is possible to accrue a fixed payment when the debtor works abroad and receives earnings in foreign currency, or in the event of a violation of the rights and interests of one of the parties to the proceedings.

The statement of claim is filed in the magistrate's court, but the state duty is not paid if there is no need to establish paternity or determine the place of residence of the children.

It is important to justify the transition to collecting a fixed amount of alimony in the claim document, indicating the minimum subsistence level established by the constituent entity of the Russian Federation in whose territory minor children live.

All child support expenses should be supported by receipts whenever possible. It is allowed to file a petition to request any arguments if the plaintiff cannot independently provide them to the court when considering a claim for alimony in a fixed sum of money.