Reduce the amount of alimony for high income. Income from which alimony is withheld

1. In a market economy, numerous situations arise when

collecting alimony as a share of the parent’s earnings is impractical. In these cases

The Investigative Committee provides the court with the opportunity to determine the amount of alimony for minors

children in a fixed amount of money. Initiative to collect alimony in hard cash

The amount may belong to either of the parties or to the court itself.

The need to establish the amount of alimony in a fixed amount

may arise if the parent paying child support has irregular

or changing earnings or income. In this case, the collection of alimony in

share ratio would lead to significant differences in the amount of alimony,

received by the child monthly, which would adversely affect the provision of

child. Collecting alimony in a fixed amount allows you to ensure

greater stability in child support. It is also advisable to collect

alimony in a fixed amount when the parent receives earnings or income

wholly or partially in kind or in foreign currency.

When receiving earnings or income in kind, a monetary valuation is made

in-kind provision, and then alimony is withheld from the amounts received.

However, the cost of in-kind provision can vary significantly,

and besides, monthly overestimation of in-kind provision is extremely

difficult. Therefore, instead of calculating the share of monetary value monthly

in-kind provision to be paid to the child as alimony,

The court may determine the amount of alimony in a fixed amount.

A similar situation arises when a parent receives all or part of

earnings or income in foreign currency. In this case, a determination is made

the share of his income to be paid to the child as alimony, followed by

by recalculating the amounts received into Russian rubles (see Article 82 of the IC and commentary

To her). Due to the constant change in foreign exchange rates, such a calculation

the amount of alimony is associated with the need for monthly recalculation, which also

is extremely difficult. In this regard, the court has the right, instead of collecting

alimony in shares of the payer’s earnings, establish their amount in hard cash

The only possibility of collecting alimony in the complete absence of

payer of earnings or income is the collection of alimony in hard cash

amount In this case, collection of alimony payments can be made

on the payer’s property in the manner provided for in Article 112 of the Insurance Code (see commentary

Collection of alimony in a fixed amount of money is also possible in other cases,

if the court comes to the conclusion that determining the amount of alimony in shared proportions

to the payer’s earnings or other income is impossible, difficult or significant

violates the interests of one of the parties. Impossibility of determining alimony in shares

to the payer’s earnings may arise, for example, if the payer constantly

resides in the territory of a foreign state and information about his income

impossible to obtain. Difficult and at the same time violating the interests of the child

is the collection of alimony in cases where the payer hides his income

for the purpose of evading their payment.

The collection of alimony in a fixed sum of money can also be carried out according to

initiative of the parent paying child support, for example, if he receives

income from multiple sources, and constant provision of information

about them is difficult both for him and for the bailiff. Such

the procedure for collecting alimony corresponds to the interests of the payer in cases where

when the parent paying child support receives extremely high incomes.

A situation is possible when the alimony payer receives only part of the earnings

or income in kind or in foreign currency, or when only part of it

earnings or income is irregular or variable. Meet

also cases when the payer’s income is extremely insignificant, and at the same time

with him he has significant property that can be called upon

collection of alimony payments. In such and other cases when it is necessary

to protect the interests of the parties, the court has the right to partially recover alimony in shares

to the payer’s earnings and partially - in a fixed amount of money. At the same time, with

that part of earnings or income that is received by the payer regularly

and in Russian rubles, alimony is collected in shares, and from that

part that is received irregularly, varies or is paid in kind

or in foreign currency - in a hard sum of money.

When establishing the amount of alimony in a fixed amount of money, payment of alimony

produced monthly.

2. The amount of a fixed amount of money to be paid for the maintenance of minors

children as alimony, is determined by the court based on financial and family

the position of the parties and taking into account all other circumstances of the particular case. At

In this case, the court is not obliged to be guided by what amount the child would receive in

as alimony when collecting alimony in shares of the payer’s earnings.

When determining the amount of alimony in a fixed amount, the court evaluates all deserving

attention to circumstances and is guided by the principle of the maximum possible

maintaining the child’s previous standard of living in the family.

In accordance with previous legislation (Article 70 of the Code of Laws of Ukraine), the size

a fixed monetary amount was determined based on the parent’s share of earnings,

paying alimony subject to withholding as alimony. Thus,

with the new method of determining the amount of alimony provided for by the UK, the scope

judicial discretion is much wider, which makes it possible to create a more flexible

a mechanism for collecting alimony that can operate effectively in conditions

market economy.

The financial status of the parties taken into account when collecting alimony

in a fixed monetary amount, refers to the amount of earnings or other income received

parent; the presence of property that can be foreclosed on

on alimony payments; amounts of mandatory payments that must be made

parent (funds collected based on a court decision and other funds,

collected forcibly), as well as whether the child has his own

income or earnings or income-producing property.

The marital status of the parent paying child support means

whether he has other family members to whom he is legally obliged to provide

the child does not affect the amount of child support.

Other noteworthy circumstances are determined in the same way as

and when collecting alimony on the basis of Article 81 of the Family Code (see paragraph 2 of Article 81 of the Family Code and commentary

The principle of maximizing the preservation of the child’s previous standard of living in the family

aims to ensure the protection of the interests of the child after family breakdown. At

In deciding the amount of alimony, the court, based on this principle, can collect

alimony in such an amount that the child can maintain the same standard of living,

which he had before the breakup of the family, if the financial situation of the parent obliged

pay alimony allows you to do this. For example, the amount of alimony may

be determined taking into account the continuation of payment for the child’s education in a paid educational

establishment in the Russian Federation or abroad; payment for individual training

child; engaging in sports and other useful activities. Wherein

the court is guided by the interests and reasonable needs of the child on whom

Child support is paid.

3. If minor children remain with each of the parents, on whom

Parents are required to pay child support, and child support payments are offset.

First, the court determines a fixed amount of money on the basis of clause 2 of Article 83 of the Criminal Code

the amount of alimony to be paid by each parent for the maintenance of children,

staying with the other parent. Then these amounts are offset, and so

method for calculating the amount of alimony to be paid in hard cash

the amount of the more wealthy parent to the less wealthy parent for the maintenance of minors

children living with him.

How to increase or decrease the amount of alimony?

In paragraph 2 of Art. 81 of the Family Code, the court is given the right to increase or decrease the amount of shares collected from the parents’ earnings, taking into account the financial or marital status of the parties or the presence of other noteworthy circumstances. The financial situation of a parent is characterized by the amount of his earnings or other income, as well as the value of his property. The financial situation of the child depends on the amount of funds provided to him by the other parent, benefits and pensions received by the child, as well as the property he owns. The marital status of a parent is determined by the presence of other children or other persons to whom he is legally obliged to provide maintenance. The child's marital status is primarily characterized by the presence or absence of a second parent. A worthy interest of the parties is understood to be any interest that the court considers sufficiently serious in a particular case. This may include the inability of a parent to find a job, the illness of a parent or child, the need for outside care, and other similar circumstances.

The financial situation of the defendant may serve as a basis for either reducing or increasing the share of earnings or income paid as alimony. If the parent's income is very high, paying child support in these proportions will result in the child receiving huge sums that far exceed his reasonable needs. In such a situation, the court may reduce the amount of the parent's share of income to be paid to the child. On the contrary, if the parent’s income is extremely low, this may serve as a basis for the court to make completely opposite decisions: the amount of alimony can be either reduced or increased. The court's decision will depend on the specific circumstances of the case.

Example

If a parent receiving a small income is disabled and cannot provide for himself, and the child has, for example, significant income-generating property, the amount of the share recovered from the child may be reduced. In another case, if the child does not have another sufficient source of livelihood, and the parent’s earnings or income is so low that it does not allow the child to provide even a minimum level of security, the size of the share may be increased. For example, instead of one-fourth per child, one-third of the parent's earnings or income may be recovered.

The possibility of increasing the share is provided for in the Insurance Code because this made it possible to abandon the legislative establishment of the minimum amount of alimony, which parents were obliged to pay to minor children under the previously valid legislation. The need to introduce a minimum amount of alimony is explained by the fact that parents are persons who are obliged to provide their children with a means of subsistence, regardless of whether they have sufficient capabilities to do so or not. The minimum amount of child support, as mentioned above, may significantly exceed the share that the parent is obliged to pay for the child. However, here we are faced with the most significant drawback of the concept of minimum alimony.

Although parents are obliged to provide adequate maintenance for their children, in a modern democratic society there is no way to force them to do so. If they have no income or their income is much below the subsistence level, it is impossible to force them to earn more. When parents have income or property and hide it, it is possible to forcefully seize their property when paying alimony and even bring them to criminal liability for malicious evasion of alimony payment. If parents do not have sufficient income or property, they cannot be sentenced to forced labor to pay child support, as this would be contrary to the Constitution and violate human rights. Consequently, when determining the amount of alimony, you always have to deal with the limited resources of the payer. It is possible that the minimum amount of alimony is higher than the entire income of the parent, or when the entire income of the parent will have to be distributed when paying alimony for several children in the minimum amount.

Example

So, if the minimum amount of alimony was 50 thousand rubles, and the entire income of the parent was 100 thousand rubles, when paying alimony for two children, all 100% of the parent’s earnings would be subject to distribution between them.

However, the parent himself also needs a means of subsistence; therefore, it was necessary to provide a special mechanism for reducing the minimum amount of alimony so that the parent also retains a certain share of earnings. The minimum amount that can be reduced is no longer the minimum amount, therefore the Insurance Code does not contain the concept of a minimum amount of alimony. Instead, the court has the right to increase the share of the parent’s earnings or income to be paid to minor children if the payment of alimony is in the amount provided for in paragraph 1 of Art. 81, will result in children receiving extremely insignificant amounts. This system of protecting the interests of children is much more flexible than one based on the minimum amount of alimony. When increasing the share, the court takes into account the amount of the parent’s earnings and the reasons why he receives such low income (disability, inability to find a job, unwillingness to work). In some situations, the court may conclude that the defendant is hiding part of his income to evade paying alimony. In this case, the share collected for child support can be significantly increased. Circumstances such as whether the payer has other minor children or other persons to whom he is obliged by law to provide maintenance are also important. The financial situation of the child is also taken into account.

In principle, parents are obliged to support minor children, regardless of whether the children require maintenance or not. However, when deciding whether to increase the share collected from a low-income parent for child support, the child’s property status is taken into account. According to paragraph 2 of Art. 81 of the Criminal Code takes into account the financial and marital status of both parties, and not just the defendant. If the child has property that generates significant income, and also if he works or is engaged in entrepreneurial activity and provides for himself, the court may reduce the amount of alimony to be collected from the parent.

Example

S. paid, by court decision, alimony for the maintenance of his son from his first marriage. He then filed a lawsuit to reduce the amount of alimony paid to him. At the same time, he gave the following arguments: his son is 17 years old, he is a first-year student at the institute, receives a scholarship of 1200 rubles, he himself - disabled person of the second group, does not work, his pension is 3,770 rubles, his wife is dependent on him. The court, taking into account these circumstances, reduced the amount of alimony.

The child's marital status is taken into account only in conjunction with other circumstances of the case. Parents bear equal responsibilities to provide maintenance to their children, therefore the fact that one of the child’s parents has a high income cannot in itself serve as a basis for reducing the amount of alimony collected from the other parent. However, if the parent requesting a reduction in child support is disabled and low-income, the child's marital status is taken into account.

Thus, the court is given very broad powers to change the share of earnings or income of parents paid for the maintenance of minor children. In this case, we are dealing with a classic example of the so-called situational regulation, when strictly fixing the amount of alimony in the law turns out to be impossible, because in order to determine the amount of alimony it is necessary to take into account all the circumstances of a particular case in each individual situation. In the UK, the solution to this issue is specifically at the discretion of the court, which made it possible to make the system for determining the amount of alimony when collecting alimony as a share of the payer’s earnings much more flexible.

In addition to collecting alimony as a share of the parent’s earnings or income, the Insurance Code provides for another way to determine the amount of alimony. In accordance with Art. 83 of the IC, if alimony is paid by court decision, it is possible to determine the amount of alimony collected for minor children in a fixed amount of money payable monthly. The amount of the amount is determined by the court based on the financial and family status of the parties and other noteworthy circumstances. In this case, the court, when establishing the amount of alimony, is not bound by any shares. The amount of a fixed sum of money is determined strictly individually and depends only on the circumstances of each specific case. According to paragraph 2 of Art. 83 of the Family Code, the court is guided by the principle of maintaining the maximum possible level of support for the child that existed before the breakup of the family. This means that, if possible, the court collects alimony in an amount that allows the child to maintain the same standard of living. The court’s task is to do everything to ensure that the child’s financial situation suffers as little as possible due to the divorce of his parents. Naturally, this is not always possible, since the parent paying alimony can create another family, which he must also support. This norm cannot be interpreted in the sense that if the children of parents with high incomes were brought up in luxury, which far exceeds the needs of the child, the same situation should remain after the breakup of the family. However, the child's legitimate needs must still be met if the parents have sufficient means to do so. So, if a child studied in a paid educational institution in Russia or abroad, this should be included in the concept of maintaining the previous level of support and, if possible, taken into account when determining the amount of alimony.

Greater freedom of the court in determining the amount of alimony in a fixed amount makes this method more suitable in a market economy. The list of cases when the court has the right to collect alimony in a fixed sum of money is quite wide, namely:

If the payer has irregular or fluctuating income or earnings;

If he receives earnings or income wholly or partially in kind or in foreign currency;

If the payer has no earnings or income at all;

Other cases when the collection of alimony in shares of the parent’s earnings is impossible, difficult or significantly violates the interests of one of the parties.

When a parent receives irregular or changing earnings, collecting alimony in shared terms is inappropriate, since this will lead to the fact that in one period the child will receive a large amount, and in another he will receive nothing. If earnings or income are paid in kind or in foreign currency, determining alimony in shares is also quite difficult, since the monetary value of payments in kind and the exchange rate of foreign currencies are constantly changing.

If the parent obligated to pay alimony has no earnings or other income at all, the collection of alimony payments is applied to his property. But in order to make such a collection, it is necessary to establish the amount of alimony, which in this case can only be determined in a fixed amount of money. This situation arises when the child’s parent, not wanting to pay child support, hides his income. Moreover, he often possesses significant property. In this case, the court determines the amount of alimony in a fixed amount based on the value of the property owned by the defendant.

The collection of alimony in proportion to earnings under certain circumstances may also lead to a significant violation of the interests of one of the parties. The interests of the payer are most often violated if he receives extremely high incomes and is forced to pay huge amounts as a share of them. The interests of the child are violated when, when collecting alimony in shares of the parent’s earnings, it is necessary to identify all types of his numerous earnings and other income. The fact is that the collection of alimony as a share of earnings was developed in relation to a society where everyone, as a rule, had one source of income. The availability of additional income was strictly controlled, part-time work was strictly regulated by law and its identification was not difficult. Therefore, when collecting alimony under a writ of execution, there were practically no special difficulties in finding income. At present, the situation has completely changed. Any person can have, in principle, an unlimited number of sources of income. Neither the tax authorities, nor the bailiff, nor the alimony collector are able to identify them. In such a situation, the only way out is to determine the amount of alimony in a fixed amount.

In the presence of these circumstances, the collection of alimony in a fixed sum of money can be carried out by the court either on its own initiative or at the request of any of the parties.

A fixed monetary amount also determines the amount of alimony paid by one parent to another if each of them has minor children to whom the parents are obliged to pay alimony. The incomes of these parents are different, therefore, the amount of child support they pay will be different.

Example

The father is obliged to pay alimony for the maintenance of a child living with the mother in the amount of 1,500 rubles. per month, and the mother, in turn, must pay child support for the child left with the father in the amount of 1000 rubles. per month. According to paragraph 3 of Art. 83, these amounts are offset, after which the wealthier parent, in this case the father, pays the difference (500 rubles per month) to the less wealthy parent.

V. filed a lawsuit against A. with a claim for the recovery of alimony for the maintenance of a minor child, indicating that the defendant is the father of her minor son X., but does not voluntarily pay money for his maintenance, does not provide other material assistance, during for three years preceding the filing of the claim, he avoided providing his son with financial support. V. asked to recover from the defendant alimony in the amount of a percentage of the earnings (income) monthly, starting from July 4, 2010.

Representative A. believed that the amount of alimony to be paid should be established in a fixed monetary amount.

By the decision of the magistrate from A. in favor of V., alimony for the maintenance of a minor child was collected monthly in a fixed sum of money, proportional to 2.5 of the legal minimum subsistence level in a constituent entity of the Russian Federation for children and subject to subsequent indexation, until the child reaches adulthood, in satisfaction of the rest claims were denied.

By the appeal ruling, the decision of the magistrate was changed, it was decided to collect alimony from A. in the amount of % of the earnings (income) monthly until the child reaches adulthood.

By a decision of the presidium of the regional court, the appeal ruling was canceled and the decision of the magistrate was upheld.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation canceled the decision of the presidium as illegal, leaving the appeal ruling in force, on the following grounds.

In accordance with Art. 80 of the RF IC, parents are obliged to support their minor children. The procedure and form for providing maintenance to minor children are determined by the parents independently. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.

By virtue of Art. 81 of the RF IC, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of earnings and (or) other income parents.

The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.

Within the meaning of Art. 83 of the RF IC, the collection of alimony for the maintenance of minor children in a fixed sum of money is a right and not an obligation of the court and is possible only in cases expressly provided for by law.

Collection of alimony in a fixed sum of money in accordance with the law is possible only in the case where the parent obligated to pay alimony has irregular, variable earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties .

In accordance with paragraph 12 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated October 25, 1996 No. 9 (as amended on February 6, 2007) “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony” when When collecting alimony in a fixed sum of money, the courts must take into account that the amount of alimony collected from parents for minor children (Article 83 of the RF IC) must be determined based on the maximum possible preservation of the child’s previous level of support, taking into account the financial and marital status of the parties and others circumstances worthy of attention.

Changing the decision of the magistrate, the appellate court agreed with the conclusions that A. should be entrusted with the responsibility for maintaining the minor X., while pointing out that there was no convincing and indisputable evidence that the amount of monthly alimony payments significantly exceeds the level X.’s needs, and the degree of his material support by the father before the termination of the transfer of funds to the plaintiff for the maintenance of the child was significantly lower, is not available, whereas by virtue of the provisions of Art. 56 of the Code of Civil Procedure of the Russian Federation, the burden of proving the circumstances related to the possibility of collecting alimony for the maintenance of a minor child in a fixed sum of money in the case where the collection of corresponding alimony payments in a fixed sum of money significantly violates the interests of the alimony payer lies with the latter. On the contrary, as the court of appeal found, X.’s previous level of support was “very high compared to the statistical average” and A. transferred alimony payments to B.’s account in a much larger amount than the amount equivalent to 2.5 times the minimum subsistence level established for children in a subject of the Russian Federation.

The fact of a significant amount of monthly alimony payments for the maintenance of a child does not undoubtedly indicate that the collection of alimony in this case in proportion to the parent’s earnings significantly violates the interests of the alimony payer, and the amount of the defendant’s earnings in itself cannot serve as a basis for determining the amount of alimony in a fixed amount of money.

Data that the collection of alimony from A. in favor of B. for the maintenance of his son, taking into account the financial situation of the defendant, violates his rights so much that it requires the establishment of a fixed amount of alimony payments, was not presented to the magistrate during the consideration of the case, and there was no evidence what exactly was expressed in this case as a significant violation of the interests of A., who has a job and regular earnings, whose property status allows him to support the child more decently than providing the latter with alimony payments equivalent to 2.5 times the subsistence minimum established for children in a constituent entity of the Russian Federation Federation. In this case, the imposition on V., who filed a claim for the recovery of alimony for the maintenance of a minor child in the amount of 1/4 of the defendant’s earnings, of the obligation to justify the compliance of the collected amount with the needs of the minor child does not correspond to the meaning of paragraphs. 1, 2 tbsp. 81 of the RF IC, as well as the adversarial principles of civil proceedings.

During the trial, the appellate court did not establish any other circumstances giving grounds for the collection of alimony in a fixed sum of money, as requested by the defendant.

The Presidium of the regional court, overturning the ruling of the appellate court, agreed with the conclusions of the magistrate, pointing out that by virtue of a direct rule of law, the court has the right to determine the amount of alimony in a fixed sum of money if the collection of alimony in proportion to earnings significantly violates the interests of one of the parties . Such a significant violation of the interests of the parent obligated to pay child support occurs when he receives extremely high incomes and is forced to pay significant amounts in the form of their share, far exceeding the reasonable needs of the child. Since the court of first instance established that the recovery of alimony from the defendant in proportion to his earnings significantly violates the interests of the defendant and will lead to the payment of amounts exceeding the reasonable limit necessary to meet the needs of the child, the presidium of the regional court considered that the decision of the magistrate, ensuring a balance of interests both sides of the alimony relationship, based on correctly applied substantive law.

Meanwhile, in canceling the appeal ruling, the presidium of the regional court did not take into account that the circumstances with which the law connects the possibility of establishing alimony payments in a fixed sum of money were not established during the consideration of the case by either the trial court or the appellate court.

Alimony - everything you need to know about the funds that a parent must allocate for his minor children.

Parents independently determine the amount of funds allocated for the child and the frequency of providing funds to children. Parents have the right to establish a maintenance order in which only one of them will be responsible for providing the child, for example, with proper rest during the holidays. Moreover, the need to determine the procedure for providing maintenance to minor children, as well as concluding such agreements between parents on the maintenance of their minor children, arises regardless of whether they live together or separately from the children, are married or divorced.

If parents or one of them fulfills obligations to support minor children, the law provides for the recovery of funds in court. The law provider provides that the mere fact of the spouses' reluctance to dissolve the marriage is not grounds for refusing a claim for the collection of alimony for the maintenance of minor children, since the Family Code does not provide for the case of refusal to collect alimony for the maintenance of minor children. One of the parents, as well as the prosecutor or the guardianship and trusteeship authority, can file a claim in court if the parent, due to health reasons, age, incapacity and other valid reasons, cannot go to court himself (Article 45 of the Code of Civil Procedure of the Russian Federation). Malicious evasion of payment of alimony leads to deprivation of parents of parental rights, as well as to criminal liability under Art. 157 of the Criminal Code of the Russian Federation. The legislator does not clearly explain what constitutes malicious evasion, but the court in such cases approaches each specific situation on the principle of reasonableness and fairness.

The amount of alimony collected from minor children in court.

"1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents.

2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.”

“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, variable earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties , the court has the right to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares and in a fixed sum of money.”

Establishing the amount of alimony in a fixed monetary amount is necessary if the parent paying alimony has irregular or changing earnings or income. In this case, the collection of alimony in shares would lead to significant differences in the amount of alimony received by the child monthly, which would adversely affect the child's support. It is also advisable to collect alimony in a fixed sum of money when the parent receives earnings or income in whole or in part in kind or in foreign currency.

When earnings or income in kind are made, a monetary assessment of the in-kind provision is made, and then alimony is withheld. However, the cost of in-kind provision can vary significantly, and in addition, it is extremely difficult to re-evaluate in-kind provision on a monthly basis. Therefore, instead of monthly calculating the share of the monetary value of natural income to be paid to the child as alimony, the court can determine the amount of alimony in a fixed monetary amount.

A difficult situation also arises when a parent receives all or part of their earnings or income in foreign currency. In this case, the share of his income to be paid to the child as alimony is determined, followed by the recalculation of the amounts received into Russian rubles. Such calculation of the amount of alimony involves the need for monthly recalculation. In this regard, the court has the right, instead of collecting alimony in shares of the payer’s earnings, to establish its amount in a fixed sum of money. The possibility of collecting alimony when the payer has no earnings or income is to collect alimony in a fixed amount. In this case, collection of alimony payments may be directed to the property of the payer.

Alimony in a fixed sum of money is also possible in cases where the court comes to the conclusion that determining the amount of alimony in proportion to the payer’s earnings or other income is difficult or significantly violates the interests of one of the parties.

The impossibility of determining alimony in shares of the payer’s earnings may arise, for example, if the payer permanently resides in the territory of a foreign state and there is no information about his income. The collection of alimony is in violation of the interests of the child in cases where the payer hides his income in order to evade payment.

Alimony in a fixed amount can also be collected at the initiative of the parent paying the alimony, for example, if he receives income from numerous sources and constant provision of information about them is difficult for both him and the bailiff. This procedure for collecting alimony also meets the interests of the payer in cases where the parent paying alimony receives extremely high incomes.

In cases where it is necessary to protect the interests of the parties, the court has the right to partially collect alimony in shares of the payer’s earnings and partially in a fixed sum of money. At the same time, from that part of earnings or income that the payer receives regularly and in Russian rubles, alimony is collected in shares, and from that part that is received irregularly, changes or is paid in kind or in foreign currency - in a fixed amount. When the amount of alimony is established in a fixed monetary amount, alimony payment is made monthly.

The court determines the amount of a fixed sum of money to be paid for the maintenance of minor children as alimony, based on the financial and marital status of the parties and taking into account all other circumstances of the particular case. In this case, the court is not obliged to be guided by what amount the child would receive as alimony when collecting alimony as a share of the payer’s earnings. When determining the amount of alimony in a fixed sum of money, the court evaluates all circumstances worthy of attention and is guided by the principle of maintaining the child’s previous standard of living of the family to the maximum extent possible.

Reducing or increasing the amount of alimony

A change in the amount of alimony already awarded is made in court at the request of the claimant or payer of the alimony. Previously, in the presence of certain circumstances, it was possible to reduce the amount of alimony. An increase in the amount of alimony was not allowed. However, in order to provide the child with sufficient funds given the low earnings of the parent paying alimony, the minimum amount of alimony was established in a fixed amount of money, which had to be indexed, but the indexation was not carried out in a timely manner.

In a number of cases, when collecting alimony for several children in the minimum amount, 100% of the parent’s earnings were distributed, which led to the need to enshrine in the law a reduction in the minimum amount of alimony in these cases. This in turn led to a significant decrease in the value of this concept. In connection with these circumstances, the new family legislation does not contain the concept of a minimum amount of alimony.

The main basis for making a decision to increase or decrease the share to be collected for the maintenance of minor children is the financial or marital status of the parties or the presence of other noteworthy circumstances. The right to reduce or increase the amount of shares of earnings or income of parents collected in the form of alimony, depending on the financial situation of the parent paying it, allows the court to take an individualized approach to determining the amount of alimony.

If a parent earns an extremely high income, charging one child 1/4 of his or her total income may result in a child support amount that is so large that it far exceeds the child's reasonable needs. In this case, the court has the right to reduce the share of income to be collected for child support to such limits that it meets the interests of both the payer and the child. If the parent’s earnings or income, on the contrary, is so low that 1/4 of it will not allow the child to provide even the minimum means of subsistence, the court has the right to increase the amount of alimony.

Agreements on payment of child support for minor children

An agreement on the payment of alimony (the amount, conditions and procedure for paying alimony) is concluded between the person obligated to pay alimony and the recipient, and in case of incapacity of the person obligated to pay alimony and (or) the recipient of alimony - between the legal representatives of these persons. Persons who are not fully capable enter into an agreement to pay alimony with the consent of their legal representatives. Article 99 of the Family Code of the Russian Federation.

Agreements on the maintenance of minor children concluded by their parents must be in writing and be notarized. Failure to comply with the notarial form of the relevant agreement entails its invalidity and, as a consequence, the nullity of the transaction. However, if one of the parties to the alimony agreement (most often the alimony payer) has begun its actual execution, and the other party evades notarization, the agreement can be recognized as valid in court. In this case, subsequent notarization of the agreement is not required.

A notarized agreement is equivalent in its enforcement force to a writ of execution. This means that execution under a notarized agreement is carried out in the same way as under a writ of execution, and the issuance of other writs of execution for withholding alimony is not required. The rules for forwarding, recording and storing writs of execution apply to the forwarding, recording and storage of notarized agreements.

Deadlines for applying for alimony

The statute of limitations does not apply to claims for the collection of alimony in court. The claim may be brought at any time while the right to alimony exists. An obstacle to satisfying the requirement to collect alimony in court may be the existence of an agreement between the parties on the payment of alimony. Alimony is awarded for the future. As an exception to the general rule, alimony is collected not from the moment the court decision enters into legal force, but from the moment the court goes to court.

Also, as an exception, collection of alimony (within a three-year period) for the time preceding the filing of a claim is possible only if the following conditions are met: alimony was not paid before the filing of the case; the person demanding alimony took measures to obtain alimony, but they were not received as a result of the evasion of the person obligated to pay alimony from paying them. Evasion can be expressed in the fact that the obligated person avoided concluding an agreement on the payment of alimony, concealed his location or income, and in other similar actions. The three-year period during which it is possible to collect alimony for the past is preemptive; the collection of alimony beyond this period, regardless of the reasons for its non-receipt, is impossible.

Termination of alimony obligations

Payment of alimony collected in court is terminated: - upon the child reaching the age of majority (18 years old) or in the event that minor children acquire full legal capacity before they reach adulthood;

When adopting a child for whose maintenance alimony was collected;

If the court recognizes the restoration of working capacity or the cessation of the need for assistance of the recipient of alimony;

When a disabled ex-spouse who is the recipient of alimony enters into a new marriage;

The death of the person receiving alimony or the person obligated to pay alimony.

Termination of an obligation as a result of a minor acquiring full civil legal capacity occurs in the event of the emancipation of a minor or the entry into marriage of a minor as a result of a reduction in his age of marriage. When a needy disabled spouse receiving alimony from a former spouse enters into a de facto marital relationship and refuses to register a new marriage in order to preserve the right to receive alimony from the former spouse, the court has the right to apply the provisions of Art. 120 SK by way of analogy of the law.

Termination of the alimony obligation in the presence of the circumstances provided for in this article occurs automatically. Termination of the alimony obligation on the basis of cessation of need is carried out in court at the request of the person paying the alimony.

When a family breaks up in which there are imperfect children, one of the parents must pay child support. Most often, children stay with their mother, and a sum of money is withheld from the father’s income, which is financial assistance to the ex-wife left with the children.

According to the legislation of the Russian Federation, both parents must provide financial support to their minor children. In some cases, financial contributions are levied even after the child turns 18 years old. From what income is alimony collected, and what are the features of calculating payments? These and other questions will be discussed in this article.

Rules for withholding alimony

Withholding of alimony from a person’s income is made only if a writ of execution or a court decision, or an agreement drawn up by the spouses, which was previously certified by a notary, is sent to the place where he works or studies (in case of receiving a scholarship). These documents can also be sent to the pension fund. There are cases when instructions to withhold money from income are sent to several places at once.

It is worth considering the fact that personal income tax is first deducted from the employee’s salary, and after that alimony can be withheld from the remaining amount.

The maximum amount of cash deduction for alimony cannot exceed 70% of his monthly income. It is important to understand that recovery of this size can only be established in court and in extreme cases, as a rule, in case of debt. If an amount greater than 70% has been deducted, you must apply for a reduction in payment.

The law provides for property immunities. These include those incomes from which financial support for children is not withheld; as a rule, they include compensation payments of various types. The legislation establishes the following groups of such income:

1. Financial assistance or benefits that are paid to a woman during pregnancy and childbirth. The exception is income from sick leave.
2. From payments that are provided in connection with the loss of a breadwinner.
3. Travel expenses.
4. Expenses reimbursed by an employer to its employee due to work-related relocation to another city.
5. Benefits to military personnel for injuries or to their families in the event of the death of a spouse in service.
6. Humanitarian assistance in monetary terms.
7. Payments from maternity capital.
8. Compensation for sanatorium-resort holidays for employees or their children.
9. Insurance payments. Disability and old age pensions are not taken into account.
10. Alimony, which is transferred to the payer for other children.
11. Payments for the funeral of a relative.
12. Gifts or winnings.
13. Money that was inherited by the payer.
14. Other income from which alimony is not withheld. Their full list can be found in the Law “On Enforcement Proceedings”.

This list of incomes from which alimony is not withheld is prescribed in the Law, namely in Art. 446 Code of Civil Procedure of the Russian Federation and Art. 101 Federal Law “On Enforcement Proceedings”.

The above groups are protected from recovery under writs of execution. As a general rule, alimony payments should not be withheld from these types of income by default. But in case of an error, the payer should notify the court, the enterprise’s accounting department and other organizations involved in this issue.

Cases of termination of alimony withholding

The accounting department of the company where the payer works will stop withholding alimony from his income if:

• the employee is fired;
• the entire amount has been paid in full;
• a documented decision to terminate was received.

After the deduction of alimony from the employee’s income is terminated, the organization returns the writ of execution to him indicating the reason for termination.

Income from which alimony is withheld

This list is also regulated by law. Considering the question of what income child support is collected from, it can be noted that it is divided into two parts - wages and others. This list is established by Government Decree No. 841.

The law provides for the following income groups from which alimony is collected:

1. Wage.
2. Vacation pay.
3. Allowances and bonuses.
4. Fees.
5. Monetary benefits not only from official wages, but also from additional ones.
6. From sick leave.
7. Payments for harm.
8. Compensation for unused vacation.
9. Old age and disability pensions.
10. Scholarship.
11. Income associated with the reorganization of the enterprise.
12. Business income.
13. Income from securities.
14. Income from renting out an apartment, if the rental agreement is drawn up in accordance with the law.
15. Payments for damage caused to health.
16. Profit from contracts for the provision of various services.

Payment of alimony from various types of income is made after deducting all tax and other obligatory payments.

Calculation features

A pressing question for parents is not only from what income child support is withheld, but also what are the specifics of calculating the monetary penalty. The amount withheld can be either a fixed amount or in the form of a statutory percentage.

The retention method is chosen depending on the circumstances. For minor children, the percentage method is usually used.

It is possible to use a mixed retention system in the following cases:

• if the payer does not work officially or is unemployed;
• salary in kind;
• if income is in foreign currency.

Amount of alimony

The share of child support is calculated based on the number of children:

• for one child - 25%;
• on two - 33%;
• for three or more - up to 50%.

Under certain circumstances, shares can be increased to 70% or, conversely, reduced at the request of the payer.

Calculation of alimony from an unemployed payer

Today, a fairly common question is about from what income child support is collected if the payer is not employed. Lack of official employment is not a reason not to help your own children. Deductions are made in accordance with the payer's status.

If the payer has official unemployed status, in this case he receives benefits, from which financial assistance for children is collected. But, as a rule, this amount is very small.

If an unemployed person is not registered with the employment service, from what income is alimony collected? In this case, most often the amount of payments is determined in accordance with the average earnings in the region of residence or in a fixed amount of money.

What will be the penalty for evading alimony payments?

If the payer hides his income or evades paying alimony, then the following sanctions may be applied to him:

1. If after receiving income there is no receipt of the withheld amount of alimony within 3 days, then a penalty will be charged, which is 0.5% of the income (from which tax was withheld). Penalties will be calculated every day.
2. The payer will have to pay a penalty, the amount of which is determined by law.
3. If the evasion is prolonged and intentional, then a prison sentence of 1 year is possible.
4. Assignment of correctional labor, recognizance not to leave the place and arrest for 3 months.
5. Deprivation of parental rights.

Conclusion

Both parents must support their children financially. If the spouses divorce, the children will remain with one of them, and the other will have to pay alimony, which must be transferred in a timely manner, otherwise you may receive punishment, including arrest. The list of incomes from which alimony is collected is regulated by law. The amount depends, among other things, on the financial situation of the payer, the number of children and other factors. In addition, the law regulates from which income alimony is not withheld. In case of violation of legal norms, the payer has the right to contact the relevant authority and receive a recalculation of the collected amounts.