Statement of claim for alimony in a fixed sum of money

In simple terms, with this calculation method you will receive the exact amount of alimony, for example, 7,000 rubles per month, and not a percentage of income. The exact amount is determined by the court, depending on the financial situation of the parents.

Appointment procedure

Most often, this size depends on the cost of living throughout the country. At the beginning of 2022, the cost of living is 11,280 rubles.

In order to start receiving alimony in a fixed amount, you need to file a claim with the district court. The application will need to describe all the circumstances, as well as data on the child.

We provide more details on how to download and fill out the application below.

The following documents must be attached to the statement of claim:

• birth certificate of each child;
• a copy of your passport with registration information;
• a copy of the marriage or divorce certificate;
• receipts confirming your expenses;
• a statement stating that the child lives with you;

The following categories of persons have the right to receive alimony in a fixed amount:

• children under 18 years of age;
• adult disabled children;
• a spouse who is raising a child under three years of age;
• wife is pregnant;
• the former spouse needs to receive alimony by law;
• the ex-spouse has been raising a disabled child or a disabled person of the first group since childhood.

Example 1: Vladimir does not work anywhere, so his ex-wife decided to establish child support in a fixed amount. She wrote a statement of claim and went to court. The court ordered alimony in the amount of 7,500 rubles, taking into account the average salary in the region.

Peculiarities

Collecting alimony in a fixed amount has its advantages and disadvantages, so the choice of payment calculation method should be approached carefully, assessing all the circumstances.

Advantages and disadvantages

The advantages of this method are obvious:

• Possibility of collecting a larger sum of money than when collecting a share.
• The amount of alimony will not depend on the payer's changing earnings.

The second plus can partially be attributed to the minuses. If the payer’s income increases, then the same amount can be recovered.

The collection of alimony in a fixed amount is carried out in accordance with the procedure of claim proceedings. This process is long and requires serious preparation.

Alternatives

The main alternative is to collect alimony as a percentage of earnings.

If payments were determined in the amount of a certain share of income, and the person has no income, then the amount can be determined based on the average salary in the country.

Is it possible to change the amount

Alimony is set in proportion to the cost of living, so the amount will change depending on changes in this value.

Also, the parties can submit applications to increase or decrease the amount of payments based on changes in their status (property, health, etc.).

Flat sum alimony calculator

The most important thing when using the calculator is to indicate the cost of living per child in your region. In 2022 in Russia it is 11,303 rubles , this is the amount we entered in the calculator. But you can change it and enter your own.

Here are the main living wages in different regions in 2022:

• Moscow: 15582 rubles
• St. Petersburg: 11607 rubles
• Sevastopol: 12276 rubles
• Sverdlovsk region: 11850 rubles
• Tatarstan: 9905 rubles

You also need to choose how many minor children you have; the final calculation will also depend on this.

If you do not know the size in your region, you can ask a lawyer in the chat or in the comments.

Be sure to include all additional expenses that are spent on children each month. For example, if you pay for school or kindergarten, or attend a music section.

Fixed amount or interest

In order to begin the process of obtaining alimony, you should study the legislation. The basic document on his list is the Family Code.

It spells out the procedure for making payments not only for children, but also in favor of the second spouse, elderly parents, and other relatives. If we talk about a child, special attention should be paid to Article 83.

Child support in a fixed amount is beneficial from the point of view of the recipient in several ways.

Thus, payments are not tied to the existence of income from the payer and the frequency of its receipt. In addition, knowing the amount of monthly payments, the child’s mother can plan the family budget.

Payments for a child as a percentage of income are made, as a rule, when the payer has a stable monthly income. The agreement on alimony payments should also not be discounted.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

It is worth noting that when it comes to a specific amount of alimony, family law does not establish a minimum or maximum threshold. The courts are guided by the subsistence level and award payments in the prescribed (multiple) amount. The final decision depends on the specific plot of the case.

Minimum size

The minimum amount of alimony in a fixed amount greatly depends on the region where the child lives. For example, in Moscow the cost of living is 15,582 rubles, and alimony will be calculated using the formula: 15,582 / 2 = 7,791 for one child.

Thus, in Moscow and the Moscow region, the minimum fixed amount of alimony will be 7,791 rubles per child.

If you have two children, then this amount needs to be multiplied by 2, you get the amount (15582 / 2) * 2 = 15582 rubles for 2 children.

But the lowest value is in the Voronezh region. There, the cost of living for a child is only 9,248 rubles, and accordingly, alimony there will be 4,624 rubles.

In Russia, the cost of living per child in 2022 is 11,303 rubles, so courts often rely on this amount and assign alimony in a fixed amount: for 1 child - 5,651 rubles, for 2 children - 11,303 rubles, for 3 children - 16,954 rubles.

But remember that the court can even reduce this amount if the defendant provides evidence. For example, if he is disabled or has high medical expenses.

In what cases is it prescribed

If you have entered into a notarial payment agreement with each other, then it can establish alimony in any amount.

There you can prescribe a fixed amount that will be paid in a certain period. If there is no such agreement, then the law provides for the following situations for assigning payments in a fixed amount of money:

• the spouse who must pay does not have a regular source of income or earnings;
• the debtor has variable earnings: for example, when working on a rotational basis or is on piece work;
• receives a salary in foreign currency;
• receives salary in goods or results of work;
• if establishing alimony as a share of the salary violates the rights and interests of the child.

These rules are established in paragraph 1 of Article 83 of the Family Code of the Russian Federation.

If any of these grounds exist, the court may set payments in a certain amount.

What happens after the court's decision?

The plaintiff receives a writ of execution against the defendant based on the court decision. You can submit it:

• At the defendant’s place of work, so that the accounting department makes deductions from wages
• To structures that pay the defendant a stipend, pension, social benefits
• To the territorial FSSP for forced collection

The start of payments is the date on which the claim was filed. Therefore, even if the trial dragged on for several months, but the verdict was rendered in favor of the plaintiff, alimony for the time while the trial was ongoing will still be collected from the defendant.

Determining the amount of alimony

The court determines the amount of alimony depending on the minimum subsistence level. The decision must be made in such a way as to best take into account the interests of the child. The evidence presented by the plaintiff is important in such cases. You need to try to collect as much information as possible about the sources of income of the second spouse.

Be sure to make copies and provide the court with documents that confirm the expenses for the child. It can be:

• drug receipts.
• checks for doctors, medical examinations, massages.
• receipts for visiting sports sections.
• checks for kindergarten, school.
• receipts for the purchase of clothes, toys, stationery.

You must ask for child support that will leave the child with the same standard of living. For example, if he already went to a private kindergarten, then he can continue to go there. And the expenses for the kindergarten must be recovered through alimony.

If a child visited the pool and you spent 3,000 rubles a month on it, then you need to indicate this and collect this money from the defendant through the court as alimony.

This rule is stated in paragraph 2. Article 83 of the Family Code of the Russian Federation.

In addition, you must collect certificates and receipts that will confirm expenses for children. These could be checks for the purchase of clothes, payment for kindergarten, payment for doctor's services.

Why a claim may be refused

The Code of Civil Procedure of the Russian Federation (Article 134) provides for the following reasons for refusal:

1. The application cannot be considered in a civil trial.
2. There is already a court decision on this issue for these disputing parties.
3. There is an arbitrator's ruling on this case.
4. Jurisdiction was not observed (the statement of claim was sent to the wrong court).
5. The disputing parties did not attempt to resolve the dispute out of court.
6. The plaintiff is an incapacitated person or a person who cannot act as a plaintiff in this dispute, for example, the aunt of a minor with whom he lives, but there is no official guardianship.

Re-submitting an application is possible only after eliminating the reasons for refusal, which were indicated by the court in the notification.

Statement of claim for the recovery of alimony in a fixed amount. Sample

We have prepared for you a sample of filling out a statement of claim to receive alimony in a fixed amount. Most importantly, do not forget to indicate the cost of living in your region, and also change the region to the one where the child lives.

For example, in Moscow now the cost of living for a child is about 16,000 rubles per month, so there you can ask for alimony in the amount of 8,000 rubles or more. But in the Saratov region, the cost of living is only 10,000 rubles. And you can ask for alimony in the amount of 5,000 rubles plus additional expenses for treatment and education.

Here is a short instruction from our lawyer:

1. Download the application and fill out all the information. Be sure to include information about the child, as well as the amount you want to receive monthly. If you have several children, then make a detailed calculation for the court.
2. Submit the application and copies of documents to the court. You can submit it in person through the court clerk or send a letter by mail. If you deliver the documents in person, then ask to mark one copy of the claim.
3. In a few days the court will set a date for the first hearing. Be sure to take all original documents with you. If you indicated in the claim that the child requires additional treatment, then take receipts that will confirm this.

We change interest to a fixed amount of money and vice versa

Many payers have a question: how to change the amount of alimony?

If they are awarded by a court decision, then a separate claim should be filed to review the payments. It should make a compelling case for the need for financial adjustments.

The decision to change the amount of alimony to a monthly fixed payment can be made by the magistrate. In this case, a new writ of execution is issued. The payer himself can forward it to the bailiffs for execution.

Life shows that alimony can be reduced in cases where the payer has new dependents or health problems arise.

Also, in some cases, the court may revise payments downward when the amount exceeds the needs for child support.

Alimony payments are also reduced in cases where a son or daughter becomes legally capable ahead of schedule. For example, this happens with early marriage.

State duty

The state fee for filing alimony in a fixed amount is 150 rubles. This rule is specified in paragraph 14 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation.

But you don't need to pay for it. The court will order the defendant to pay this amount after it makes a decision. Plaintiffs are exempt from paying the fee. This rule is specified in paragraph 2 of paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation.

Agreement

Alimony in the form of a fixed amount is often used by parents when drawing up an appropriate agreement. This document is needed even if the parent provides financial assistance absolutely voluntarily. With its help, it will be possible in the future to prove that payments have been made.

Document execution is possible if the following conditions are met:

• Voluntariness and mutual consent of the parties.
• The legal capacity of both participants.
• Notarization of the document.

When drawing up a child support agreement, parents need to pay 5 thousand 250 rubles. This amount can be paid by one of them or it can be split in half. The standard agreement contains the following clauses:

1. Information about the parties. Full name, contact details, etc.
2. Information about the minor or other recipient.
3. Payment amount and transfer method (cash or non-cash).
4. The procedure for indexing.
5. Payment terms.
6. Conditions for termination of the agreement.
7. Responsibility for failure to fulfill obligations.
8. Signature, date.

Download a sample alimony agreement

The document becomes valid after signing. As for legal force, it is similar to a writ of execution. Therefore, the agreement can be transferred to the payer’s employer or bailiffs.

Jurisdiction for alimony

As we have already said, in cases of alimony in a fixed amount, only a statement of claim can be filed. Because of this, you cannot go to the magistrates' courts as before. Currently, such cases can only be heard by city or district courts.

This rule came into effect on October 1, 2022.

Also remember that you can choose a court either at the place of residence of the defendant or at your location. This is convenient if the plaintiff and defendant live in different cities.

For example, you and your child live in Moscow, and the child’s father lives in St. Petersburg. To avoid having to travel to another city with your child, you can file a claim for alimony with the Moscow district court. And the defendant will have to come to you for court hearings.

Who is entitled to

Any recipients can apply for “fixed alimony”:

• Children under the age of majority.
• Disabled but adult children.
• Disabled spouses (and former spouses).
• Parents of adult and able-bodied children.
• Other recipients of alimony in accordance with the law.

To establish alimony, the potential recipient goes to court (if it is not possible to reach an agreement with the payer). Further collection is carried out forcibly.

How does collection occur?

To do this you need to take a few very simple steps:

1. After the decision is made, you will need to write an application for a writ of execution. You can obtain this document from the court office.
2. Then you need to draw up an application to initiate enforcement proceedings. Along with this application and sheet, you need to contact the bailiff service.
3. The bailiffs will open enforcement proceedings and begin to collect funds from the debtor in your favor.

Bailiffs can make collections from any income of the defendant. Here are some of them:

• funds in bank accounts;
• wage;
• income from individual entrepreneurs;
• from fees and other payments.

The procedure for withholding under a writ of execution

The result of the court hearing is a court decision to collect alimony in a fixed amount and an additional document - a writ of execution .

The writ of execution states exactly the following in accordance with the court decision:

• FULL NAME. future payer;
• the amount of mandatory alimony;
• The term for payment of funds is until the child comes of age.

After the court decision enters into legal force, the plaintiff can pick up the writ of execution from the judicial assistant and present it to the territorial department of the bailiff service to initiate alimony enforcement proceedings (IP).

After the initiation of the IP, the bailiff begins to work with the payer: he notifies the parent about the existence of a monetary obligation and monitors its implementation.

If the payer is not employed or is engaged in entrepreneurial activity and it is impossible to send a writ of execution to the alimony payer’s workplace (since it is absent), then the bailiff and the collector himself are required to control the transfer of funds. If payments begin to fall behind, the recipient is obliged to notify the bailiff about this in order to monitor the alimony debt and apply the full possible range of measures to the debtor to motivate its repayment.

Indexation of alimony

If the court has set alimony at a fixed amount, then it must be indexed every quarter. This requirement is specified in Article 117 of the Family Code of the Russian Federation. The indexation must be carried out by bailiffs or the organization where the payer works.

But in order for the bailiffs not to forget about this obligation, we advise you to write an application for indexation every year. The application must be submitted to the bailiff who is handling your case. Below you can fill it out yourself.

To make it easier to index alimony, they are almost always assigned as multiples of the subsistence level. This rule is specified in paragraph 2 of Art. 117 of the Family Code of the Russian Federation.

See an example of filling. Do not forget to indicate the amount that the court has assigned you and the case number.

If the bailiffs do not respond to your demands, then you need to write a complaint addressed to the head of the Federal Bailiff Service and the prosecutor's office.

What does judicial practice say?

When issuing decisions regarding fixed alimony in favor of children, courts take into account a number of nuances.

These include:

1. Property status of the recipient of payments and the debtor.
2. Age of the child.
3. The son's (daughter's) financial needs.

If alimony is awarded in a fixed amount, the magistrate's court may eventually waive its payment.

An example of this is the appeal ruling of one of the district courts of Vladivostok dated July 25, 2017. This happens, for example, when a child moves to live with his father and, therefore, no longer needs outside support.

The courts also analyze how the payer’s income level has changed. Therefore, when calculating the amount of alimony, the financial support of the payer is examined.

We recommend! Application for reduction of alimony sample: how to reduce payments for a child

When there are several children in a family, the court determines the amount of payments for each child.

In the operative part of the decision, the courts determine not only the amount of payments, but also link them to the subsistence level (for example, ½). Also in the final section of the decision it is indicated until what time the awarded value is valid. This could be the coming of age of a son or daughter, or changes in the financial situation of the parties concerned.

A court order for alimony in a fixed amount

In order for the court to issue a court order, all evidence of costs must be attached to the application. For example, checks from sports sections, clubs, and so on.

But the amount that the plaintiff asks for often greatly differs from the minimum subsistence level at which alimony is prescribed. For this reason, courts practically do not issue court orders for alimony in a fixed amount.

Also, paragraph 11 of the resolution of the Supreme Court of the Russian Federation dated May 26, 2017, states that courts should not issue court orders in such cases. Assigning a fixed amount is always an individual decision made by the judge; the exact amounts are not specified anywhere.

Because of this, the defendant must have the opportunity to come to court and prove his case. For example, if he does not agree with some expenses or has minimal income and cannot pay the requested amount.

Penalties at the rate of 0.1% per day for 0 days: 0 rubles

Amount of penalties for all debts: 0 rubles

Total amount of debt (penalty + principal): 0 rubles

If the parent does not have a regular income or is unemployed, then the court will: award alimony in a fixed amount

clause 1 Article 83 of the Family Code of the Russian Federation

The amount of alimony in a fixed amount is determined by the court: in order to maintain the child’s previous standard of living

clause 2 Article 83 of the Family Code of the Russian Federation

The court establishes child support for children after 18 years of age: in a fixed amount that the parent pays monthly

clause 2 Article 85 of the Family Code of the Russian Federation

If the child requires treatment, outside help or housing, then the court may order: additional alimony in a fixed amount

clause 1 Article 86 of the Family Code of the Russian Federation

The ex-wife can collect alimony for herself: in a fixed amount

Article 91 of the Family Code of the Russian Federation