Alimony is paid on the basis of a voluntary agreement or by court order. They can have a fixed amount or be made as a share of wages. The article will focus on alimony, enumerated on a compulsory basis, namely, on the indexation of both current payments and the resulting debt. Information on how indexation of alimony is carried out in hard cash is contained in article 117 of the RF IC.
Reasons for indexing child support
The change in the amount of maintenance payments is carried out in order to bring them into line with regional or all-Russian conditions of the economy. The indexation of alimony collected by court decision is made in connection with the lengthy nature of the payments. According to the general rules, funds in favor of minors are transferred up to 18 years. But in some cases, payments continue after this age is reached.
If alimony is set as a share of the payer's income, then there is no need to index them, as this happens automatically when calculating the salary. But if payments in a fixed amount remained the same for several years, then due to constant inflation in the country, the real level would drop significantly. This, in turn, would violate the interests of the child. To avoid such consequences, indexation of alimony of the Russian Federation has been introduced.
How it is carried out is indicated in Art. 117 of the IC of the Russian Federation, as well as in the law on enforcement proceedings No. 229-FZ. The main features of the procedure include the following:
- Regular in nature throughout the payout period.
- An increase in the cost of living as a basis for indexing.
- The obligation to carry out the calculations assigned to the employer of the alimony payer, as well as to the bailiffs.
For each indexation, a separate document is drawn up: an order - at the company where the payer is employed or the bailiff's order, if there is no official work. The bailiff must inform both parties of the procedure: both the debtor and the claimant.
If the bailiff service officials are inactive, the recoverer has the right to file a complaint with the court, which will oblige them to calculate the indexation of alimony in a fixed amount of money exactly when the cost of living changes.
Executive documents
If the basis for the indexation of payments is the decision of the judge, then the recoverer is issued a writ of execution (in a case in a simplified manner, a court order plays the role of the writ of execution). The document duplicates the information contained in the court decision on the purpose of payments.
Bailiffs must collect payments in strict compliance with the provisions set out in the writ of execution. The court determines the amount of alimony in the form of the ratio to the subsistence level in force in the region or country, for example, 1.5, 2.3, and so on.
After indexing, the document is marked accordingly. Change the size of alimony is carried out only in the direction of increase. If the cost of living becomes less than the one that was in a solid amount at the first payment of alimony, indexation is not performed.
Authorized persons
The indexation of alimony collected by court order is carried out by the retention organization.Such is the bailiff service, whose specialist is the bailiff, leading a specific enforcement case.
If during the inspection of the debtor it turns out that he works in a certain enterprise or, for example, is a pensioner, then the writ of execution is sent to the employer or to the pension fund. From the moment the document is received, this organization will be responsible and monitor how indexation of alimony collected by court order is made. At the same time, the duty of bailiffs to also control the process of withholding payments for compliance with the law is not removed.
The algorithm of actions in the calculation
The following step-by-step steps will help you easily and quickly make a calculation.
- The value of payments indicated in the executive document is taken as the basis.
- Usually the cost of living changes once a quarter. This is issued by order of regional authorities. It is the indicator indicated in the document that must be taken into account when indexing.
- The fixed amount changes if the cost of living increases. In the vast majority of cases, this is exactly what happens.
- The values of the ratios for the billing period are summarized when the subsequent indexation of alimony is carried out.
The sample calculation presented below will help to better understand these actions.
- The court established a monthly payment, which amounts to an amount similar to the two subsistence minimums (i.e. 2.0).
- In the previous quarter, this value was 10,000 rubles.
- In the current quarter, the size increased to 10.5 thousand rubles, which is equal to the coefficient of 1.05.
- To get the amount, taking into account indexation, you need to do one of the following calculations:
- 10,500 * 2.0 = 21,000, or
- 10 000 * 2,0 * 1,05 = 21 000.
How to find out the cost of living in the region
To find out what cost of living is valid in a particular subject of the Russian Federation, you can refer to the following sources:
- To the official virtual resource of the region’s executive branch.
- On the official website of the regional branch of the Federal State Statistics Service.
- To the social security authorities at the place of residence.
Knowing the current cost of living, both payers and recipients of alimony can always check their timeliness and completeness.
Indexing Dates
The frequency of the procedure directly depends on the approval of the change in the cost of living. A report on this is published every quarter based on the conclusion of Rosstat. The decision to change the cost of living may come to the bailiffs a little later. However, this should not affect the fact that indexation of a fixed amount of alimony is done in a timely manner.
Procedure for indexing child support payments
To carry out the calculation, the collector is not required to perform any actions, for example, to write a statement on indexing child support. Bailiffs should do this on their own as soon as a new living wage is approved. About this, authorized specialists issue an appropriate resolution, which is sent to the payer and the recipient, as well as to the organization where the deduction is carried out.
If the collector receives payments in a share of earnings, indexation is not performed. But if the payer evades fulfillment of his obligations, or the presence of irregular income, or lack of work, the recipient can go to court in order to establish a fixed amount of alimony. Then it will be indexed.
Recovery of a portion of payments in a fixed amount
In addition to the equity option and the establishment of a fixed size, child support can be installed in a combined form. Then one part is kept as a percentage of the payer's income, and the other is set in a solid amount.
The court shall take an appropriate decision if the protection of the interests of the child is carried out in the best possible way in this way.This method may be optimal if the child payer does not have permanent employment, or if he has other sources of income from official employment (for example, he receives royalties, etc.).
The indexation of alimony exacted by a court decision is also made in the case of retention in a combined form. Then the bailiff’s decision applies only to the part of the executive document, where the amount of the fixed amount is determined. Recovery of a share of income is carried out as usual.
FAQ
During enforcement proceedings, various issues may arise that need clarification. Among them, those that are most common are distinguished. They relate to:
- Indexation for the past period.
- Payments in fixed amount.
- Cost of living.
- Refinancing rates.
If the alimony payer does not fulfill his obligations on the timely payment of alimony, he will certainly bear legal liability. It can be imposed by the bailiffs or the court if the recipient of the alimony decides to contact this authority. Civil liability is to pay a penalty for each delayed day. Depending on the circumstances, collection is carried out for the previous three years or an earlier period. But in any case, for indexing, you must go to court.
The indexation of payments designated by the judicial authority is carried out exclusively with reference to the cost of living. In the case of the conclusion of a voluntary agreement, the procedure can be performed on other grounds that are prescribed in this document. For example, the parties may agree that the originally assigned amount of 10,000 rubles should increase by 1,000 rubles each quarter. If the agreement was handed over to the bailiffs, they should verify the implementation of its provisions, and not focus on the cost of living.
When recalculating, it is possible to apply not only the regional indicator, but in some cases, the all-Russian living wage. If this indicator has not changed in the quarter, then you should turn to federal data. Information about this should be indicated in the decision of the bailiff.
The refinancing rate is taken into account when calculating the forfeit in the case when debt is accumulated on alimony. The amount, as a rule, is 0.5% of the amount owed for each overdue day. By taking into account the forfeit, the adverse consequences arising from non-payment of child support on time are compensated.
Conclusion
Calculation of the indexation of alimony is very simple. It is enough to study the issue once in order to then control these payments. This is useful for both the payee and the payer. In addition, it is important to know the nuances of the procedure and what to do if certain violations are detected. The reader now knows all the actions that may be required.