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 when 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 amount 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.

Nuances of writ and claim proceedings for the collection of alimony
Procedure	Mandatory alimony proceedings	Claim alimony proceedings
State fee for consideration of the case	100 rub.	No
Application to court	Application for a court order	Statement of claim
Litigation (summoning the parties, meetings, debates, remarks, etc.)	Absent	Completely carried out
Review period	5 days	1 month
Comes into force	Immediately upon signing	After 1 month, and if an appeal is filed, then on the day the appeal ruling is adopted.
Possibility of cancellation	At the request of the debtor (in practice – quite often), with subsequent transition to claim proceedings	Only on appeal, the likelihood is low.

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.

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

General information

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

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

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

Key Features

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

When is payment in this form assigned?

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

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

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

Fixed payment to an adult

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

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

Payment to the second parent

A fixed amount is due if:

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

Features of Calculus

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

Attachments to the requirement

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

Possible difficulties

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

Advantages and disadvantages

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

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

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

Application sample

"To the Magistrate's Court of ______

Plaintiff_____ (full name and address)

Defendant_____(full name and address)

Statement of claim

on the collection of alimony in a fixed amount

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

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

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

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

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

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

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

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

List of attached documents:

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

Date___ Signature___".

The court may award alimony in a fixed amount or calculate alimony payments as a percentage of the total actual income of the evader.

Alimony obligations to support each other are imposed on all family members related by blood or by law, and are paid voluntarily or compulsorily.

If there is a demonstrative reluctance of one of the parties to provide material assistance to a needy family member, then the dispute is resolved in court.

alimony in a fixed amount

A fixed alimony allowance in fulfillment of obligations to provide financial support to dependent and needy close relatives with a payment frequency of once a month can be assigned to the following categories:

• children under the age of majority, including additional expenses due to special circumstances (SK Art. 83);
• , but recognized as incapable of work, including unforeseen expenses for treatment, care, training, etc. (SK Art. 85, paragraph 2 and 86);
• to parents from children (SK Art. 87 clause 3);
• brothers and sisters (adults and minors) from legally capable brothers and sisters (SK Art. 93, paragraph 2);
• to grandchildren from grandfather/grandmother and grandfather/grandmother from grandchildren (SK art. 94, , 98 p.2);
• to educators from pupils (SK art. 96, 98 p. 2);
• stepmother/stepfather on the part of the stepsons/stepdaughters (SK art. 97, 98 p.2).

The involvement of the court in resolving an alimony conflict occurs only in cases where resolving the dispute peacefully is not possible.

The main condition for assigning alimony in court is the absence of a formal alimony agreement (SC Chapter 16), since a correctly executed document is equivalent to a writ of execution with all the ensuing legal consequences.

The detailed consideration of the conditions of appointment in the Family Code concerns only child benefits and interspousal payments.

Unlike the very common percentage alimony (SK Art. 81), directly related to the income of the second parent, a fixed amount for supporting a child up to 18 is tied to the subsistence level and is set by the court with a multiple of this indicator.

Such a link with the determination of the multiplicity factor is necessary for the automatic indexation of a fixed alimony payment in a fixed amount (SK Art. 118).

Fixed alimony can only be assigned by a court decision, while the simplified procedure with the issuance of a court order (Civil Procedure Code Art. 126) is excluded in this case (Resolution of the Plenum of the Supreme Court No. 9 2010/25/10, paragraph 11).

Necessary and sufficient conditions for requesting alimony for a child under 18 in fixed terms are (SK Art. 83):

• the inconsistent nature of the parent’s earnings and the irregularity of their receipt of income;
• wages in kind;
• foreign currency earnings and/or the alimony worker’s salary account is located in a bank outside the country;
• lack of official income;
• lack of work;
• (SK Art. 81) infringes on children’s interests and does not allow even approximately to provide the child with the living conditions to which he is accustomed.

The reasons for applying for alimony support for an adult child are considered (IC Art. 85):

• age over 18;
• official recognition of disability;
• confirmation of unemployment or impossibility of employment;
• documentary evidence of need for assistance.

The grounds for collecting alimony in favor of the spouse will be (SK Art. 89, ):

• wife's pregnancy common child;
• caring for a shared child up to 3 years of age;
• documented need;
• impossibility of employment for objective reasons;
• retirement age;
• caring for a shared child under 18 with disabilities.

Alimony can be requested both during marriage and after divorce.

Advantages and disadvantages

The main advantage of receiving alimony in fixed terms is the fixed amount, taking into account regular indexation.

In addition, the amount of such alimony exceeds the traditional “share calculation”, since the purpose of fixed alimony is to bring the child’s life as close as possible to his usual indicators (IC Art. 83, paragraph 2).

The disadvantages of fixed alimony are:

• lengthy collection of evidence to justify the need for just such a calculation of child support;
• Duration of the trial procedure: 1 month for consideration of the case (Civil Procedure Code Art. 154, paragraph 2);
• the impossibility of a simplified procedure in court unilaterally;
• the potential possibility of returning the claim (Civil Procedure Code Art. 135) or refusing the claim (Civil Procedure Code Art. 134).

If the claims for alimony in a fixed amount are unfounded, the plaintiff may apply for a share calculation of alimony payments from the earnings of the draft dodger.

Decor

An application for alimony in a fixed sum of money is considered in the magistrate's court at the place of residence of one of the parents, where you should apply, to which must be attached in original and/or photocopied form:

• passport of the initiator of the process;
• birth certificate;
• document on marital status (divorce or marriage - depending on the situation);
• confirmation of paternity if the marriage is civil;
• confirmation of the defendant’s family composition or lack thereof;
• papers confirming expenses for the child and calculation of the desired amount of benefits.

You can justify expenses for a child with checks and receipts (food, medicine, clothing, education, medical care, paid procedures and care), which are purposefully collected over a period of 2-3 months.

To confirm the defendant's real income, it is necessary to provide as detailed information as possible. An indication of sources of unofficial earnings will also be a positive fact.

Alimony disputes are considered within 30 days, after which the court makes a ruling. The writ of execution is issued in person and can be transferred (second copy) to the SSP for subsequent actions.

Features of collection

The specificity of collecting fixed alimony is due to its target essence (preserving, if possible, the child’s previous living conditions or as close to them as possible), therefore it is necessary to distribute as fairly and objectively as possible. financial obligations in front of the child between both parents.

The following factual circumstances are taken into account:

• the presence of a family and other children with the defendant (responsibility to children cannot be selective or to the detriment of other children);
• the objective financial position of the defendant;
• proof of hidden sources of income.

The amount of alimony benefits is tied to the subsistence level for children in the region or to the national indicator. Currently it corresponds to 9668 rubles per month (PP No. 1275 2016/01/12).

The amount of alimony in fixed terms

The fixed amount of child support is associated with an assessment of the children's consumer basket, the value of which is announced by the Government quarterly.

Thus, fixed alimony is not a static amount, but changes taking into account inflation.

The indicator that is established for the region of residence of the child is taken into account.

Based on judicial practice, the amount of a fixed alimony benefit directly depends on the amount of confirmed income of the parent from whom funds are collected for the maintenance and upbringing of the child.

Usually, citizens who do not want to pay alimony carefully hide their sources of wealth, so it can be extremely difficult to find, prove their existence and argue the involvement of the alimony provider in these sources. This responsibility falls on the shoulders of the interested party (the plaintiff).

Alimony in a fixed amount 2016

Apply for alimony, as well as submit a request to the court to change the method of calculation child care, it is possible at any time within the time when alimony is relevant and legally justified (SK Art. 107, clause 2). Collection for past years is possible only within a 3-year period.

Fulfillment of alimony obligations is possible in several ways. The main thing for the recipient is that the debtor transfers the allowance to the minor child in a timely manner and in full. Some ex-spouses conclude that the best option are alimony payments in a fixed amount. What kind of technique is this? Why has it become so widespread? What are the advantages of this method?

To formalize the payment of alimony in a fixed amount of money, you need to collect a package of documents and apply to the magistrate’s court. Only this authority has the right to consider such cases. The size is determined based on the current subsistence level. In 2019, the minimum wage in Russia is 11,280 rubles (). The procedure for a judge's actions is regulated by the Family Code of the Russian Federation.

Alimony in a fixed amount is assigned not only to support children under the age of majority. Such payments are provided for the maintenance of the second parent, who has taken on the responsibility of raising a child up to three years of age. To obtain alimony, you must file a claim and go to the magistrate’s court.

Number of common minor children:	1 2 3 or more
Second parent's salary:	rub. Error
Deduct personal income tax from salary:	Yes No
Other income of the second parent:	rub. Error

The peculiarity of alimony in a fixed amount is that the amount of payment does not depend on the salary and other income of the payer. Monetary support is calculated as a multiple of the minimum subsistence level. In situations where this indicator has not been established, the judicial authorities take into account the data provided by the Russian Government.

Conditions for calculating payments in hard form

The court, having considered the case of collecting alimony from the defendant, can order payments in a fixed amount only if several conditions are met. The main thing is the absence between ex-spouses a notarized agreement on the provision of monetary assistance in favor of the child. In addition to this condition, it is necessary that the person to whom the penalty applies meets one of the following parameters:

• the citizen has a changing or inconsistent salary;
• the person is paid for work in foreign currency or given income in kind;
• The defendant has no regular income.

In addition to the noted criteria, there is one more. This is a situation where the alimony provider’s share of payments to wages does not suit the plaintiff due to violations of the interests of a minor child.

Any of these factors is a reason to go to court to assign alimony in a fixed amount. If the current situation does not fall under the noted positions, then payments are assigned as a share of the salary.

The parent who has custody of an adult child has the right to recover child support from the defendant. If a person is over 18 years old, recognized as disabled, does not work and needs specialized care, then performing such an operation will not be difficult. Please note that such information must be officially confirmed.

Also, fixed alimony can be assigned to a former pregnant wife or a woman who is raising a child under three years of age. Another option for assigning alimony in a fixed form is if the former spouse is recognized as in need of maintenance.

Amount of cash payments

Advantages

The key advantage of alimony in a fixed form is the ability to recover from the payer funds that exceed the standard percentage of the salary (one of the provisions of the Family Code). The most important rule here is the presence of evidence of the real size of the monthly profit of the alimony provider.

Useful video: the amount of alimony in a fixed amount

Flaws

Alimony in a fixed amount is not without its disadvantages. The main difficulty is the complexity and complexity of the process, as a result of which the court sets a fixed amount of monetary payment. In addition, the claim proceedings take quite a long time. If the plaintiff is ready to endure all the difficulties and temporary losses, then this option can be used.

Design rules

To obtain alimony in fixed monetary terms, it is necessary to collect and provide a certain set of documents. The documentation, together with the statement of claim, which is drawn up in accordance with the current rules, should be transferred to the magistrate's court. To open a business you will need:

• a copy of the child’s passport and birth certificate;
• a certificate confirming the defendant’s place of residence;
• marriage certificate and document on dissolution of the union (copies);
• calculation of the amount of alimony claimed by the plaintiff;
• justification of expenses for the maintenance of a minor.

Only the plaintiff determines where the judge will hear the case (at the place of residence of the alimony collector or at the place of residence of the defendant). When drawing up a statement of claim, you must provide this information. The claim must contain information, supported by documents, about the defendant’s sources of income.

Download a sample statement of claim for the collection of alimony in a fixed amount:

Arbitrage practice

Judicial practice of collecting alimony in a fixed amount shows that in 2019 the following are entitled to receive such payments:

• Minor children.
• Disabled adults.
• A parent raising a disabled child.
• Pregnant woman.
• The spouse who is involved in raising and maintaining the child.
• A parent who became incapacitated and disabled within 1 year of the divorce.

Behind Lately the number of such court cases has increased as the number of unemployed people and people hiding their real income increased in 2019.

Conclusion

Having completed the consideration of the case, the judge determines the amount of the penalty, which is indicated in the relevant resolution. Only this document is the basis for issuing a writ of execution - a document that is subsequently transferred to the bailiff service. Based on it, specialists organize the process of collecting alimony from the payer.

Receiving alimony in a fixed form is beneficial for those parents in whose care there are children under the age of majority, who understand that the payer is covering their real monthly income. If he can be obliged to transfer a specific amount Money, then it is better to choose this option when going to court. Moreover, the size can subsequently be adjusted upward or downward.

Obviously, this option is not suitable for all recipients of alimony payments. Before going to court, you should weigh and analyze everything. If possible, it is better to seek advice from an experienced specialist who practices family law. In this case, errors are excluded. The plaintiff must understand that the well-being of the joint child depends on alimony and its timely receipt.

"Collection of alimony for minor children in a fixed amount"

1. 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 parents. parties, the court has the right to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed sum of money.
2. The amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child’s previous level of support, taking into account material and marital status parties and other noteworthy circumstances.
3. If there are children with each of the parents, the amount of alimony from one of the parents in favor of the other, less wealthy one, is determined in a fixed amount of money, collected monthly and determined by the court in accordance with paragraph 2 of this article.

Grounds for collecting alimony in a fixed amount of money specified in Article 83 of the Family Code of the Russian Federation. Such grounds include:

Lack of agreement between parents on the payment of child support for minor children;
- the parent obligated to pay child support has irregular, fluctuating earnings and (or) other income;
- the parent receives earnings and (or) other income, fully or partially in kind or in foreign currency;
- the parent has no earnings and (or) other income;
- also 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, in accordance with Article 83 of the RF IC, has the right to determine the amount of alimony collected monthly, in a fixed sum of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed sum of money.

Alimony in a fixed amount and a court order

On the basis of a court order, alimony for minor children cannot be collected in a fixed amount of money, since resolving this issue involves the need to verify the presence or absence of circumstances with which the law connects the possibility of such collection (clauses 1 and 3 of Article 83, p. 4 Article 143 RF IC). (clause 11

Alimony upon cancellation of adoption

See paragraph 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 25, 1996 No. 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony”)

The court does not have the right, on its own initiative, to collect alimony in a fixed sum of money (in the absence of such demands from the plaintiff)

Collection of alimony in a fixed amountin claim proceedings

The demand of an interested party for the collection of alimony in a fixed sum of money or simultaneously in shares and in a fixed sum of money instead of the collection of alimony made on the basis of a court decision (court order) in proportion to the earnings (income) of the parent is considered by the court in the manner of claim proceedings, and not by rules provided for in Art. 203 of the Code of Civil Procedure of the Russian Federation, since in this case the issue of changing the amount of alimony should be resolved, and not about changing the method and procedure for executing the court decision. (Clause 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony”)

The amount of a fixed sum of money is determined by the court, including based on the financial and marital status of the PARTIES, and not just the child

According to paragraph 2 of Article 83 of the Family Code of the Russian Federation, the amount of a fixed sum of money is determined by the court 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 other noteworthy circumstances.

Within the meaning of this norm, the court must proceed not only from the interests of the minor for whose maintenance alimony is being sought, but also take into account the interests (and capabilities) of the alimony payer.

From judicial practice

The court, while collecting alimony, did not establish the financial situation of the child’s father - the amount of his income

Canceling the court's decision, the Presidium of the St. Petersburg City Court, in Resolution No. 44g-429/07 dated June 27, 2007, stated the following.

"...The magistrate, determining the amount of alimony in a fixed sum of money equal to 60 minimum wages, indicated that the defendant did not present any objections to the claim, which should be regarded as an admission of the claim.
At the same time, by virtue of the provisions of Part 2 of Art. 83 of the RF IC, the court should have determined the amount of alimony taking into account the financial and marital status of the parties.
In the supervisory complaint, the defendant indicates that he has not worked since 2005 because he cannot find a job in his specialty.
The case file contains information about the defendant’s income in 2003. At the same time, the court did not establish the amount of the defendant’s income in subsequent years and did not establish his marital status and the presence of circumstances worthy of attention, as well as the possibility of actually collecting alimony, taking into account the requirements of Art. 112 IC RF.
Thus, 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. When considering this case by the court, the specified requirements of the law were not met."

Judicial practice of collecting alimony in a fixed amount for minor children

Extract from the Certificate of the Perm Regional Court dated March 10, 2008 “On the application of legislation on alimony obligations”:

"...When resolving claims for the collection of alimony for the maintenance of minor children, the circumstances that are significant in the case, which must be established by the court, are:
1) the existence of a parental legal relationship between a minor child and the person(s) to whom the claim for alimony is being made, which must be confirmed by a copy of the child’s birth certificate;
2) the child’s minority (the Ordzhonikidze District Court of Perm overturned the decision of the magistrate, who collected alimony in favor of B. from D. for the maintenance of his son, since the court of appeal established that the child is an adult capable person);
3) the presence of a minor child as a dependent of the person who brought the claim for the recovery of alimony for his maintenance, which is confirmed by a certificate from the housing maintenance organization, as well as from the HOA, management company and so on.
Thus, the magistrate of court district No. 26 of the Motovilikha district of Perm refused to satisfy the claim of I. to I. for the collection of alimony for the maintenance of his daughter, and satisfied the counterclaims for the recovery of alimony for the maintenance of the daughter, since the magistrate established the place of residence of the child with the father, the child’s residence with the mother is not confirmed by evidence;
4) the presence or absence of an agreement on the payment of alimony concluded between the parents in accordance with the procedure established by law;
5) failure to provide maintenance to a minor child or non-compliance of the provided maintenance with the amount established by law.
In the event that a claim is made for the collection of alimony in a fixed sum of money, along with the above-mentioned circumstances that are significant in the case, there are also the presence or absence of a permanent place of work, the presence of regular earnings or other income.
It should be noted that it is when collecting alimony in a fixed sum of money or simultaneously in shares and a fixed sum of money that the previous level of support for a minor child must be taken into account and, accordingly, included in the subject of proof. So, paragraph 2 of Art. 83 of the RF IC indicates that the amount of a fixed sum of money is determined by the court based on its maximum possible preservation, taking into account the financial and marital status of the parties and other noteworthy circumstances. The previous level of support for a minor child may include the need to continue education in a specialized school, music school, abroad, etc., which the child previously had the opportunity to do.
The parent or person replacing him who has filed a claim for alimony has the obligation to prove that the minor child is dependent on him, and the other parent does not provide him with maintenance or provides it in an insufficient amount.
The defendant, in turn, must prove the circumstances, the presence of which is the basis for reducing the share of his earnings subject to collection, as well as the size of the fixed sum of money.
Courts must keep in mind that the lack of earnings or other income of a parent obligated to pay alimony cannot serve as a basis for his exemption from the need to pay alimony for the maintenance of minor children."