What is a fixed amount of alimony? Child support in a fixed amount

You don’t know how to draw up a claim for alimony in a fixed amount yourself?

Our help will be very useful in this case.

From the article you will learn in what cases you need to go to court for a fixed amount of alimony, as well as what is the procedure for drawing up and submitting an application.

Grounds for assigning alimony in a fixed amount

The magistrate can assign regular fixed deductions from the defendant’s income if the parties to the case have not previously agreed in a fixed monetary amount.

After all, the law still provides a preliminary opportunity to resolve this issue between the defendant and the plaintiff amicably by drawing up the appropriate document with a notary. But if there is no voluntary consent of the alimony payer, then a trial cannot be avoided.

It should be noted that the largest number of cases in court concerns the withholding of part of the child support finances from the parent who does not live with his children. Alimony in such cases can be awarded either in the form of, or.

Grounds for going to court The following circumstances apply to a claim for periodic withholding of a fixed sum of money:

The legislative framework obliges all parents to provide decent support for their minor children. Therefore, when considering cases, the court makes decisions based on protecting the interests of the child.

It should be noted that not only children are assigned alimony in a fixed amount.

They can file a claim and such adult citizens:

• , both in marriage and after divorce;
• a woman on maternity leave until the age of 3;
• parents who have lost their ability to work and have financial difficulties;
• who have and for this reason are not working;
• a spouse who received a disabling illness or disability during marriage or within 12 months after divorce.

The application is considered by a magistrate involving evidence from both sides.

Cases to satisfy demands for forced withholding of alimony payments in a fixed amount of money in the order of writ proceedings are not subject to consideration.

The procedure for registration and collection of alimony payments

If voluntary agreement of the parties has not been reached, then the interested party must go to court for forced collection of alimony. In this case, you do not need to pay a state fee. Legal costs are recovered from the defendant if the court in its decision satisfies the applicant's claims.

In order for payments to be scheduled for receipt in a strictly defined amount, it is necessary to send statement of claim to the World Court. The applicant must justify all the circumstances that prompted him to demand the recovery of a fixed amount of alimony from the defendant. It is imperative to indicate information about children shared with the defendant or other family ties and circumstances that allow you to legally receive part of the income from the alimony payer. It is imperative to indicate why it is necessary to assign a fixed amount of alimony.

Let's look at what rules must be followed so that the claim does not contain errors and is accepted for consideration.

Rules for drawing up a statement of claim

The applicant must take into account that the rules for drawing up and filing a claim document require a detailed substantiation of the plaintiff’s position.

Clearly needed decide on a fixed amount of alimony, which must be indicated in the application. For this purpose, you need to refer to the cost of living in the constituent entity of the Russian Federation in which the child lives. It is necessary to describe what share of the approved amount the applicant wants to receive and why.

The text must justify what expenses are being made, and copies of receipts must be attached to the claim as evidence. When drawing up demands, you need to indicate exactly what reasons became the reason for going to court to collect fixed alimony. Evidence must be provided.

To do this, you can attach the following documentation:

• a copy of the work book;
• certificate 2-NDFL;
• medical extracts from illness cards, etc.

If there is information about income hidden by the defendant, then you can file a petition with the court to demand such evidence if it is impossible to obtain it yourself.

The application must be made in a certain form, which will be discussed below.

Begin to fill out the claim form with hats.

It is required in the statement of claim indicate:

1. Full name of the court where the claim will be filed.
2. Personal details of the applicant: last name, first name, patronymic, residential address, date of birth.
3. Similar information about the identity of the defendant.
4. The main text of the statement of claim must describe the circumstances and facts that confirm the party’s legal claims to the defendant to receive financial assistance from him in a fixed amount of money, and the justification for the amount of the claim;
5. The claim must show an accurate calculation of the amount of alimony.
6. There must be references to articles of current laws that confirm the recipient’s rights to collect alimony from the defendant.
7. The amount of alimony must ensure the accommodation of the person for whom it is intended. For example, the amount must be sufficient and cover the costs of the child’s education and development.
8. The date and signature of the plaintiff are indicated below the text.
9. At the end of the document, indicate a list of attached papers confirming the financial situation and legal requirements of the plaintiff.

As an example, you can ask the office for a sample application.

Particular attention should be paid to list of documentation, which must be attached to the application.

It should include the following copies:

• plaintiff's passport;
• birth certificates of joint children;
• certificates of marital relations or divorce.

Additionally you need to attach original certificates:

• about the residence of a minor child with the plaintiff;
• about the income of both parents.

Payment documents on current or future costs of maintaining a person in need of alimony can serve as proof of rights. These can be checks or receipts received when purchasing medicines, things for the child, when paying for his education, etc.

If the statement of claim for alimony is incompletely filled out, the application may be returned without consideration.

Procedure and deadlines for submission and consideration

Written demands for forced deduction of alimony in a fixed amount, set out by the applicant in the claim, are necessary serve before the magistrate. The choice of a convenient judicial body belongs to the plaintiff. He can send an application to the judicial authority at his place of residence or to the nearest judicial institution to the defendant’s registered address. The state fee when considering alimony issues is not paid by the applicant.

During the process, the magistrate will study the evidence and legal validity of the plaintiff’s demands for the forced collection of alimony payments in a fixed amount. If the grounds are insufficient, the judge may proceed from the information provided and, as a result, make a decision on the amount of deductions in percentage shares from the defendant’s income.

Deadlines for filing a claim on the collection of alimony debt are regulated by Article 113 of the Family Code of the Russian Federation. Alimony is calculated from the moment the application is submitted.

Possible grounds for refusal

Refusals in alimony cases are extremely rare in court practice, but nevertheless they do occur.

There are a few main reasons on which the court takes the side of the defendant:

1. If the applicant cannot prove his reasons in court, the authority may refuse to satisfy the claims.
2. When the parties, by mutual agreement, set off alimony claims against other obligations. For example, an agreement was reached between parents on the transfer of an apartment in exchange for monetary contributions for the maintenance of the child until his 18th birthday.
3. The court will not satisfy the claim if the plaintiff deliberately abuses his rights and makes requests that are obviously contrary to the law.
4. Child support will not be awarded if there is an agreement between the parents for a one-time transfer of a large sum of money to cover all of the defendant's obligations until the child's 18th birthday.

How to apply for alimony in a fixed amount is described in the following video:

Court decisions based on the application of Article 83 of the Family Code of the Russian Federation.

Art. 83 RF IC. Collection of alimony for minor children in a fixed amount

Arbitrage practice

Decision No. 2-458/2018 2-485/2018 2-485/2018~M-535/2018 M-535/2018 dated November 22, 2018 in case No. 2-458/2018

Kizlyar City Court (Republic of Dagestan) - Civil and administrative

Child. Therefore, the court, when considering a case on restriction of parental rights, simultaneously decides the issue of collecting child support from the mother FULL NAME2 In accordance with Art.

83 of the Family Code of the Russian Federation, in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, changing earnings and (...

Decision No. 11-61/2018 of November 20, 2018 in case No. 11-61/2018

Khabarovsk District Court (Khabarovsk Territory) - Civil and administrative

Decision No. 2-2138/2018 2-2138/2018~M-1857/2018 M-1857/2018 dated November 19, 2018 in case No. 2-2138/2018

Kirovsky District Court of Makhachkala (Republic of Dagestan) - Civil and administrative

Article 80 of the RF IC). When determining the amount of alimony, taking into account the fact that evidence of the defendant’s permanent income was not presented to the court, guided by Art. 81, 83 of the RF IC, the court considers it appropriate to collect alimony in a fixed sum of money in the amount of 0.5 of the subsistence minimum established for children in the Republic of Dagestan. According to Part 2 of Article 117...

Decision No. 2-2891/2018 2-2891/2018~M-2813/2018 M-2813/2018 dated November 19, 2018 in case No. 2-2891/2018

Kiev District Court of Simferopol (Republic of Crimea) - Civil and administrative

Officially employed and working as a sales representative. As the defendant explained to the court, his salary is about 10,000 rubles per month. From the provisions of Part 1 of Art.

83 of the RF IC it follows that in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obligated to pay alimony has irregular, changing earnings and (...

Decision No. 2-2333/2018 2-2333/2018~M-2185/2018 M-2185/2018 dated November 12, 2018 in case No. 2-2333/2018

Takhtamukaisky District Court (Republic of Adygea) - Civil and administrative

Decision No. 2-733/2018 2-733/2018~M-816/2018 M-816/2018 dated November 12, 2018 in case No. 2-733/2018

Bratsk District Court (Irkutsk region) - Civil and administrative

Persons replacing them) and are spent by them on the maintenance, upbringing and education of the child. For children left without parental care, alimony is collected in accordance with Articles 81-83 of the RF IC, and is paid to the guardian (trustee) of the children or their adoptive parents (Clause 1, Article 84 of the RF IC). At the same time, guardians and trustees in accordance with clause 3 ...

Decision No. 2-1829/2018 2-1829/2018~M-1737/2018 M-1737/2018 dated November 12, 2018 in case No. 2-1829/2018

Essentuki City Court (Stavropol Territory) - Civil and administrative

Children - one third of all types of earnings. According to Art. 84 of the RF IC for children left without parental care, alimony is collected in accordance with Articles 81-83 of the RF IC and is paid to the guardian (trustee) of the children or their adoptive parents. In accordance with Art. 107 of the RF IC, alimony is awarded from the moment the person goes to court. Since in...

Caspian City Court (Republic of Dagestan) - Civil and administrative

As of today, he works for the Anji company as a driver. Since the defendant’s income is irregular, changing and not subject to fixation, I ask the court to apply the requirements of Art.

83 of the RF IC on the possibility of collecting alimony in a fixed sum of money in the amount of one subsistence minimum in the child’s RD. In accordance with Article 66 of the RF IC, a parent living...

Magistrate of the court district

No. ______ city ___________________
Claimant: ___________________

(full name, address)
Claimant: ___________________

Debtor: ______________________

STATEMENT OF CLAIM FOR COLLECTION OF ALIMONY IN A FIXED AMOUNT OF MONEY
I, ______________________ (full name), and the defendant, ___________________

(full name), we are the parents of a minor child _________

(full full name of the child) ________________ Year of birth (date of his birth).
The marriage with the defendant was concluded “____” __________ _____ On
based on the court decision of the city ____________ No. ______
from “_____”__________ _____ our marriage with the defendant was dissolved.
By the same court decision, the child’s place of residence was determined with his mother,

that is, with me.

The child lives with me at the address: ____________________
(indicate your place of residence) and is located on my full

material maintenance and support.
The defendant refuses to voluntarily take part in the content
child, refuses to voluntarily resolve the issue of paying child support.

There was no agreement between us regarding the payment of alimony.
I believe that the defendant should pay child support
your minor child in my favor in hard cash
amount, since _______________________________________
(indicate the circumstances provided for in Article 83 of the Family Code
Code of the Russian Federation, which give the right to determine the method of payment
alimony for minor children in a fixed amount,
since the payment of alimony by the defendant is in shares of his earnings and

(or) other income seems difficult or impossible).
The defendant has irregular, fluctuating earnings that depend
depending on the season or other circumstances (specify circumstances).
There may be downtime in the defendant’s work, and in the absence of work
the defendant may take leave without pay.
The defendant also works part-time in other organizations or works
to individuals unofficially, without drawing up an agreement. (Either the defendant
in places of deprivation of liberty, which indicates that the penalty
alimony in proportion to his earnings is difficult and
will violate the interests of the child).

In such circumstances, it is in the interests of the child that the amount of child support is
collected monthly must be determined in hard cash
amount

Determining the amount of alimony in a fixed amount will ensure
the necessary stability in the maintenance of a child whom we previously
were kept together with the defendant, but now I support him alone.

I ask the court to determine a fixed amount of money for maintenance
take into account the child’s financial and marital status
sides

When living together with the defendant for child support, we
spent an average of ____________ rubles monthly, after
divorce (or termination of cohabitation with
defendant) I can spend monthly on child support
_____________________ rubles, based on my average monthly
income, which is _______________ rubles.

Current marital status is: _______________

(indicate the marital status of the plaintiff and defendant, presence or
lack of their obligations to support other persons, other
circumstances).

The size of the established living wage for children is
territory ____________________ (indicate the name of the subject
Russian Federation, where the child lives) as of ____________________
(indicate the time period when the claim was filed)
is __________ rubles, for ____ quarter ___________ year.

Taking into account the need to maximally maintain the child’s level
his previous support, the amount of alimony in a fixed amount may
be limited to ____________ rub. (specify size
a fixed sum of money in shares of the subsistence minimum),
subject to indexing.

In accordance with Article 83 of the Family Code of the Russian Federation, when
absence of agreement between parents on payment of child support
minor children and in cases where the parent obliged
pay alimony, has irregular, fluctuating earnings
and (or) other income, or if this parent receives income
and (or) other income in whole or in part in kind or in
foreign currency, or if he has no income and
(or) other income, as well as in other cases, if collection
alimony in proportion to earnings and (or) other income
parent is impossible, difficult or significantly violates
interests of one of the parties, the court has the right to determine the amount of alimony,
collected monthly, in a fixed amount of money or
simultaneously in shares and in a fixed amount of money. According
with Article 117 of the Family Code of the Russian Federation, the amount of alimony,
recovered by court decision in a fixed sum of money, in order to
their indexation is established by the court as a multiple of the subsistence level
minimum, including the amount of alimony can be set at
as a share of the cost of living.

Based on the above and guided by Articles 83, 117
Family Code of the Russian Federation, I ask the court:

recover from the defendant __________________________________
(full name of the defendant) in my favor alimony for the maintenance of the common
minor child ___________________________
(child’s full name) ______________ year of birth. (date of birth of the child) on
a fixed amount of ______________
rubles, payable monthly, from the moment of going to court
until the child reaches adulthood.

Establish a procedure for indexing alimony collected by the court in
depending on the change in the cost of living by
territory of ______________ (indicate the subject of the Russian Federation or the entire Russian Federation).

Applications:

1. A copy of the statement of claim.

2. A copy of the divorce certificate, a copy of the court decision on
divorce (if any).

3. A copy of the child's birth certificate.

4. Certificate from housing authorities about family composition, confirming the fact
the child's residence with the plaintiff.

5. Certificate of the plaintiff’s income.

6. Certificates or documents confirming the amount of income of the defendant
(if any).

7. Calculations confirming the amount of necessary support for the child.

Date “______” ___________ ______. Signature _________________
(full name)

Note:

To the statement of claim for the recovery of alimony in hard cash
amount for child support, you must attach copies of documents
according to the list of "Appendices" in two copies and submit along with
statement.

A certificate of family composition must be attached in the original with a copy.

The originals of all other documents must be submitted to the court in
court hearing.

Every mother wants her child to be provided with, at a minimum, everything necessary for a normal existence. That is why most mothers strive to ensure that the father pays child support in a strictly fixed amount, regardless of his monthly income.

Conditions for calculating alimony in a fixed amount

The decision to pay alimony in a fixed form can be made by both parents amicably - in a voluntary agreement signed by both of them and, ideally, notarized. As an example, they can indicate that the father will pay 10,000 rubles monthly for the child’s maintenance. With all this, it must be taken into account that this amount of alimony should not be lower than what would be paid to them in proportion to their income. That is, in this case, his income should not exceed 40,000 rubles.

Or the decision is made by the court, but subject to a number of conditions:

• the second parent (in our case the father) does not have a regular income or other income,
• the amount of his income changes from month to month;
• he receives income in kind (not in monetary terms);
• wages are paid in foreign currency (even if partially);
• if the assigned amount of alimony as a share of earnings significantly violates the rights of the child and his mother.

In other cases, alimony is assigned only in proportion to the income of the alimony payer.

Alimony, the fixed amount of which is established by the parents in an agreement or by the court in a decree, is paid once a month, unless a different procedure is specified in the specified documents.

The amount of alimony in solid form

In the agreement on the payment of alimony, the amount in fixed terms can be established by the parents themselves on a voluntary basis. There are cases when parents agree on a one-time payment of alimony in a large amount at once. And after that they no longer have any claims to each other. Paying alimony in this way can be convenient for individual entrepreneurs, especially if they make a large profit; read more about this.

For example, the father immediately paid 3,000,000 rubles for the maintenance of the child and is not obliged to pay anything more. These funds may be held in his account on demand. It would be wise for the payer to play it safe and have a notary notarize a receipt confirming receipt of this significant payment for alimony (). The father will also be able to leave his child real estate worth several million rubles and will also not be required to pay any more alimony. But such options should suit both parents.

In the case where the alimony payer does not have any income, however, there is property, then it can be foreclosed on if the alimony is established in a fixed monetary amount.

Otherwise, the calculation of alimony in a fixed amount is made by the judge during the consideration of a civil case based on the claim of the claimant and sets a specific amount.

The court examines the financial situation of the plaintiff and defendant, as well as the amount of income of the latter. The judge will definitely be interested in the question of whether the alimony payer has another family and children from his second marriage. Taking this data into account, the judge decides to set a fixed monthly payment.

The issue of a lump sum payment of alimony can also be submitted to the judge’s permission. But in practice, these issues are often resolved privately rather than in court.

The amount of alimony in solid form can be reduced if:

• the income of the alimony payer decreases due to certain circumstances (deterioration of health, disability, etc.),
• The alimony payer has a child in another marriage (in this case, the interests of all children must be taken into account).

There are other, private, situations, but all of them are considered by the judge. And they also make a decision to change the amount of alimony payments in a fixed form.

Registration of alimony payments

As we said above, the decision to assign alimony payments in a fixed form can be made either by the parents themselves in a voluntary agreement, indicating the agreed amount, or by the court upon the application of one of the parents.

In a voluntary agreement, it is enough to indicate the amount agreed upon by the parents, which will not infringe on the interests of the child, then sign it and preferably have it notarized.

If the issue is resolved through court, then the plaintiff must submit the following documents, as well as their photocopies, along with the application:

• your identity passport;
• birth certificate of the child (children);
• marriage or divorce certificate;
• certificate of residence of the defendant;
• calculation of a fixed amount of alimony at the discretion of the plaintiff;
• documents justifying the costs of maintaining a child.
• reliable information about the amount of all available income of the alimony payer (ideally, this is a certificate from his place of work).

Based on the results of consideration of this statement of claim with the entire package of documents, the judge makes a decision and, together with the writ of execution, sends it to the territorial department of the bailiff service for execution.

Judicial practice allows you to request alimony in a fixed amount of money if all the above conditions are met. Judges pay special attention to ensuring that when establishing a fixed amount of alimony, the interests of children are taken into account, and their financial situation does not worsen.

If the plaintiff has evidence that the payer provided false information regarding his income, then payment may be assigned taking into account the provided arguments, facts and other circumstances.

Pros and cons of “fixed” alimony payments

The positive side of paying alimony in hard monetary terms is that the plaintiff will be able to recover an amount greater than what would be accrued as a share of the payer’s income. In addition, this amount will not depend on the variability of the defendant’s income.

Disadvantages - the decision to pay alimony in a fixed form is made (with the exception of a voluntary agreement) by a judge after filing a statement of claim, and this process is quite lengthy and not always predictable. And the real income of the payer cannot always be reliably determined.

If you still have questions about how alimony is paid in a fixed amount, then ask them in the comments

Alimony to provide the child with everything necessary can be prescribed by the court in two versions: as a share of the earnings of one parent and as a sum of money of a certain size, transferred monthly by the payer.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Specific examples from judicial practice

All cases regarding the assignment of alimony are considered by the court individually, the decision is made based on the specific situation, established in the family.

Partial satisfaction of the claim

Citizen A applied to the court in 2014 with an application to assign alimony for her minor daughter born in 2010 from her ex-husband, citizen B. In the application, citizen A indicated that since 2012 she and her husband have been living separately, and since 2013 they have been officially divorced . All this time, she did not receive any financial assistance from her ex-husband to support the child and independently provided her daughter with everything she needed.

Citizen A in her application demanded the assignment of alimony in a fixed sum of money on the basis that citizen B is an individual entrepreneur and has an unstable income, and also receives part of the income in kind.

The woman asked for alimony in the amount of three subsistence minimums, indicating that this is how much she spends on food, clothing, kindergarten fees, medicines, toys and leisure activities for her daughter. In addition, citizen A asked the court to recover, since at that time her husband did not live with her and did not take part in the upbringing and maintenance of the child.

The court heard the testimony of citizen B, examined the documents provided (in particular the child’s birth certificate) and decided to partially satisfy the claim of citizen A.

Alimony was assigned in a fixed amount, since citizen B actually has an irregular income. The payment was assigned in the amount of 1.15 subsistence minimum per minor in the region, since this is the amount the defendant agreed to pay, and citizen A did not provide documentary evidence that she spends more on the child.

The court refused to collect alimony for the past period, since citizen B provided a receipt for the monthly receipt of money from the defendant for child support, written by citizen A in 2013.

Also, based on the plaintiff’s request, the court ordered the state fee for consideration of the case to be paid to the defendant.

Citizen E applied to the court to collect alimony in a fixed amount from citizen N, with whom she was in a registered marriage from 2008 to 2013 and has two children born in 2009 and 2011. Citizen E indicated in her application that the court had previously ordered alimony in the amount of 1/3 of citizen N’s earnings, but this amount was clearly not enough to support two children.

In addition, citizen N has a part-time job (in addition to his official work as a janitor, he installs plastic windows) and has income from which alimony is not collected. Citizen E in a statement asked the court to establish alimony in the amount of 50% of the subsistence level for each of the children.

The court reviewed the documents provided, listened to witnesses and decided to dismiss the claim. The reason for the refusal was the presence of a permanent place of work for the defendant, his receipt of regular income, as well as the lack of documentary evidence of his additional earnings.

The magistrate concluded that the plaintiff’s claims were due to the receipt of previously awarded alimony not in full and the attempts of citizen N to evade paying the full amount of alimony (in the amount of 1/3 of all types of his income, as previously decided by the court).

That is, the problem is not the amount of alimony, but the defendant’s desire to hide income. This issue is being dealt with by the bailiff service and the prosecutor's office.

The earlier court decision remained unchanged, and the defendant has the right to appeal the results of the meeting within 10 days.

The plaintiff, citizen D., applied to the court for the assignment of alimony for the maintenance of two young children and herself from her ex-husband, citizen T. Since citizen T did not have a permanent job and at the same time paid alimony for the maintenance of a child from a previous marriage, the plaintiff asked to assign alimony in a fixed amount in the amount of 0.5 subsistence minimum for herself and in the subsistence minimum for each of the children. Having examined all the documents provided and interviewed witnesses, The court decided to satisfy the stated claim in full

. The basis for this decision was: the defendant’s lack of a permanent place of work, his child support obligations towards his eldest child, and documentary evidence of the plaintiff’s expenses for children (citizen D provided the court with receipts from stores and pharmacies collected within one month). Because the appointment of alimony in a shared amount would significantly affect the interests of the children

(the amount received would be extremely small and would be transferred irregularly), the defendant did not have a permanent place of work, the court decided to pay a fixed amount of alimony.

Court decisions and legal advice There are many sites on the Internet where you can read court rulings and even get clarifications from lawyers

on the issue of assigning alimony in a fixed amount. You can search for such information on forums. For example, . Find case materials and expert advice

The websites of companies and private lawyers providing various legal services post on their pages materials of cases considered in court, which can also serve as an example.

Each magistrate's court and court of general jurisdiction has its own page on the Internet. These sites must contain information on all cases considered, including alimony issues.

As well as options for consideration of cases by the court, questions from citizens and comments from lawyers, you can view them on special legal portals, for example, on a social network for lawyers.

In any case, the court makes a decision that guarantees the greatest degree of respect for the interests of the child.

Parents can use available examples of court orders to prepare for court hearings to provide complete information and avoid misunderstandings.