To protect the interests of the recipient of alimony, if they are paid in a fixed amount, the law provides for indexation. To understand this issue, you need to know not only what indexation of alimony is, but also the grounds, methods of application, and also who is carrying out the procedure.
The concept
Alimony includes payments that are sent by a parent who has left the family to another parent raising a child for his maintenance. All concepts and procedures related to alimony are indicated in the Family Code of the Russian Federation. There is also information about indexation as a way to preserve social justice.
The law does not give an exact definition of what indexation of alimony is. It can be called an instrument necessary to protect the interests of the recipient during inflation. For this purpose, the amount is recalculated in accordance with the ratio to the subsistence minimum established for the provision of the child.
Earlier, child support was calculated in the minimum wage. Indexation was practically not carried out, because the minimum wage could not increase even for several years, while inflation depreciated the initially established amounts. Therefore, it was decided to abandon the minimum wage. But the cost of living is revised, as a rule, once a quarter, and in the direction of increase, not decrease. But even if, as a result of indexation, the amount does not increase, but slightly decreases, the amount of alimony will remain the same.
In each region, a living wage is introduced, which is published in the media. In some cases, it may be absent. Then the calculation is based on the current indicator in the country. A Government Decision is issued about it.
The Russian currency today is not stable enough, and therefore, upon receipt of the same cash, the degree of financial support decreases over time. The cost of living in the country is considered an average of 2 to 4 times a year. To protect the rights of the recipient of alimony, as well as to exempt the courts from periodic increases in the amount of payments, indexation of alimony collected in a fixed amount was introduced.
What the law says
There are various legislative acts that state what indexation of alimony is. The IC of the Russian Federation, namely article 117 contains a list of grounds for carrying out the procedure, as well as the authorities that can carry it out. This is also discussed in detail in the Letter of the FSSP No. 12 / 01-31164-AP of December 21, 2011.
It is important to understand that, according to the law, only indexation of child support in a fixed amount is carried out. If money is paid as a percentage of income, then its value is automatically indexed along with a change in the maintenance payer's earnings.
Reasons for indexing
This indicator depends on whether enforcement is enforced on a voluntary or voluntary basis. If there is an agreement between the former spouses, they can indicate any grounds for indexing, for example:
- Rosstat relevant inflation information;
- change in the exchange rate of foreign currency (this is necessary if child support is paid in full or in part in this currency);
- change in the Central Bank rate;
- other financial indicators from various sources.
In this case, the law does not establish restrictions. The only thing that must be respected is the rights of both the child and the debtor. If they are infringed, the document may be challenged and subsequently canceled.
In other circumstances, the cost of living is the basis for the indexation of the amount of alimony.If this indicator is not defined at the regional level, then it is allowed to be based on the national average. Indexing can only be carried out in the direction of increasing the amount. If the cost of living has decreased, then the amount of alimony cannot be reduced. It is established at the legislative level.
If there is reason to change the amount of alimony, the authorized person must carry out a recalculation in the manner prescribed by law. This is done regularly, up to the end of the period of transfer of alimony.
By whom
By law, there are three instances that are entitled to index. These include:
- bailiffs in open enforcement proceedings;
- official alimony employer;
- in some cases, this requires a court decision.
Indexing of alimony is carried out by bailiffs, who act on the basis of a writ of execution, a court order, and in some cases an agreement. They are also endowed with broad powers to enforce the collection of funds that the alimony does not want to pay (in connection with which a debt arises).
If the payer is officially employed, that is, the employer pays taxes and deductions to the Social Insurance Fund for him, then under certain conditions the operation can be carried out in the company's accounting department. The basis for this is both the executive documents mentioned above, and the decision of the bailiff.
If the living wage indicator changes, the decision to increase the child’s cash support can be taken at the work of the payer if the amount of alimony does not exceed 25 thousand rubles. To this end, management issues an appropriate order, on the basis of which the accountant accrues another amount allocated from the alimony wage. If the payer is a student, and payments are made from a scholarship, recalculation is done in the accounting department of the institution.
Despite the fact that the organization where the child payer works or studies has the right to decide to change the size of the child support on his own, as a rule, the recipient should contact this issue there. If the amount of alimony exceeds 25 thousand rubles, or when the payer is not officially employed, you should contact the bailiffs to change the amount of payments.
The interaction of bailiffs with the employer
At the end of last year, the provisions of Article 117 of the RF IC underwent some changes. They relate to the fact that the authority of the bailiffs includes not only tracking the transfer of alimony, but also monitoring the indexation of payments made by the company’s management at the place of work of the alimony payer. The remaining provisions regarding the order of interaction between the company and the bailiffs remained the same as they were before.
If during the inspection the bailiffs find violations committed by the company’s accounting department, in accordance with article 17.4 of the Code of Administrative Offenses of the Russian Federation, penalties may be charged. And if the violations are recognized as malicious, then criminal liability may also arise under Article 315 of the Criminal Code of the Russian Federation.
Bailiffs can carry out not only scheduled inspections, but also inspections on their own initiative at any time. It can also be carried out on the basis of a statement by the claimant of alimony filed by the bailiff who is involved in this case.
If the spouses have entered into an agreement on the transfer of alimony, the amount is indexed according to the conditions specified in it. If the procedure for this action is not provided, then indexation of alimony in a fixed amount is carried out on a common basis.
How to make a calculation
The recipient, as well as the payer, can calculate indexing himself in order to check the correctness of the accountant's actions. To perform the calculation, you need the following indicators:
- amount of payments;
- the size of the living wage is the original;
- the size of the living wage changed.
First you need to divide the new cost of living to the original. Further, the existing ratio should be multiplied by the established amount of alimony.Special skills and knowledge of accounting for the implementation of these actions are not required.
Example No. 1
The calculation process is conveniently considered in the following example. Recipient Ivanova A.V. and payer Ivanov V.G. live in the city of Murmansk. In January, the company, where the payer works, received a writ of execution to keep child support from his earnings in the amount of 1.5 of the minimum living wage. In the second quarter, the cost of living was changed. In this regard, you need to calculate the indexation.
In the 1st quarter, the cost of living was 11,467 rubles. In the 2nd quarter, the amount became 11 978 rubles.
If in the first quarter the amount of alimony was equal to 17200.05 rubles, or 11467 × 1.5, then for the calculation of indexation in the second quarter, a coefficient equal to 1.045, or 11978/11467, is included in the calculation.
To find out the amount that the payer must transfer after changing the cost of living, you need to multiply this ratio by the initial amount of alimony. It will turn out the amount of 17 974.05 rubles., Or 17200.05 × 1.045. Here is what is the indexation of alimony in this case, which will amount to 774 rubles.
Past Indexing
According to Art. 113 and Article 117 of the IC of the Russian Federation, indexation for the past period may be carried out. If the debtor is not to blame for the fact that the amount of payments remained the same, then the indexation of alimony debts can be carried out no more than in the previous three years. If his fault is established, then the penalty can be carried out for any period.
Debt calculation
The recipient of the alimony has the right to file a corresponding application. To do this, you must go to court to recover a debt. If the court makes a decision in favor of the recipient, then after it enters into legal force, you should again apply to the court with a request to index it.
The right to indexation is mentioned in Article 208 of the Code of Civil Procedure of the Russian Federation. According to her, the interests of the parties should be protected from inflation (both the recipient and the payer of alimony). Indexing can be carried out by the court. However, this is his right, not his duty.
Example No. 2
It is convenient to consider the calculation in the following example. At the beginning of the year, the court ruled that Sokolov, who lives in Vladivostok, should pay child support in the amount of 1.6 regional minimum living wage.
When a court decision was made (in 2015), the cost of living was 13,173 rubles. The monthly amount at that time was 13,173 × 1.6 = 21,076.8 rubles. Accounts department transferred this amount every month, although the cost of living for the year has changed 4 times. Its amount amounted to:
- In the 2nd quarter - 13,649 rubles .;
- In the 3rd quarter - 13,439 rubles .;
- In the 4th quarter - 13 518 rubles.
The error was noticed and corrected at the beginning of next year. The recalculation was performed for the 3rd quarter of 2015. The amount already transferred for each of the quarters was 63,230.4 rubles, or 21,076.8 × 3. But taking into account the allocation, it should be:
- 65 515.2 rubles, or 13 649 × 1.6 = 21 838, 4 rubles. for the 2nd quarter;
- 64,507.2 rubles, or 13,439 × 1.6 = 21,502.4 rubles. for the 3rd quarter;
- 64,886.4 rubles for the 4th quarter.
Because of this error, the following debt was obtained.
- For the 2nd quarter 2,284.8 rubles, or 65,515.2 - 63,230.4 rubles .;
- For the 3rd quarter, 1,276.8 rubles, or 64,507.2 - 63,230.4 rubles .;
- For the 4th quarter, 1,656 rubles, or 64,886.4 - 63,230.4 rubles.
The total amount will be 5,217.6 rubles, or 2,284.8 + 1,276.8 + 1,656 rubles. The debt was paid in full.
Indexing Frequency
The Law on Indexing Child Support does not prescribe the binding of this procedure to a specific date. So, if payments are made on the basis of an agreement certified by a notary, the frequency is set exactly in the document. For example, a date can be determined — the fifth day of each month, once a quarter, or even a year.
According to article 64 of the law on enforcement proceedings No. 229-ФЗ, it is not the period of indexation of alimony that is established, but the need to carry out the procedure every time after the issuance of a decision to change the living wage, and upward.
Conclusion
Now it’s clear what indexation of alimony is and how it is carried out.This is an important tool that guarantees the observance of the interests and rights of the recipient of the alimony necessary for a normal life. It’s not at all difficult to understand this question and independently calculate indexation. All you need is some free time. But in return, you can gain confidence that in this aspect the rights will not be violated in the future.