Alimony in hard cash. Determining the amount of alimony in a fixed amount of money

Alimony in hard cash is one of two legal options for paying for the maintenance of certain categories of people. This tool has a number of features. Let's consider them further.

General information

Not everyone clearly understands what child support is in a fixed amount of money. The size and procedure for their accrual is established by law. Payments in this form can be assigned to ensure:

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

To receive a payment in this form, you must file a statement of claim. Alimony in a fixed sum of money is appointed by the magistrate's court.

Key Features

Definition child support in hard cash not carried out in accordance with the amount of income or earnings of the parent, but multiple cost of living. For each region, as a rule, its own indicator is set. If a fixed value is not indicated, then the calculation of alimony in a fixed amount is carried out in accordance with the national cost of living. This indicator is set by the Government of the country. On average, in Russia at the beginning of 2015, child support in a solid amount amounted to about 7920 rubles.

When is a payout in this form assigned?

There is a certain procedure in accordance with which it is possible to demand child support in hard cash. The conditions for the application of this right for a minor child provide for an agreement between the parents. However, one of them may:

• To receive income in foreign currency (including partially) or in kind.
• Have changing or erratic earnings.
• Do not have official confirmation of their income.

Also, child support in a fixed sum of money in this case is assigned if the determination of the payment in proportion to the earnings of one of the parents will substantially infringe on the interests of the child.

Fixed adult payout

A firm alimony is assigned to the child in cases where:

• He reached the age of eighteen.
• Recognized as disabled.
• Not officially working
• Requires care.

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 assumed if:

• The wife, including, is pregnant or brings up and contains a common child under three years of age.
• A spouse, including the former, will be recognized as needing security. At the same time, he takes care of minor children with disabilities (a child) or a disabled child of the 1st gr.

Alimony in full amount is also reimbursed if there is no agreement between the parents or one or both evades from fulfilling their duties.

Calculus features

The procedure in accordance with which the amount of alimony is assigned is defined in Articles 117 and 83 SK. As mentioned above, payment is made in multiples of the cost of living for the constituent entity of the Russian Federation or according to an all-Russian indicator. At the same time, considering the case, the court should ensure the maximum preservation of the level of security for the needy. In this regard, the official who parses the claim takes into account not only the property, but also the marital status of the parties involved.After studying the materials of the case and acquaintance with the positions of the participants in the hearing, the court determines the amount of the payment that will be made every month.

Attachment Requirement

In determining the amount of a fixed payment in practice, documents confirming the income of the parent in respect of whom this form of recovery is applied are of great importance. Turning to the court, the plaintiff must not only provide a calculation on the amount of alimony. He must also justify the need for the appointment of such a magnitude 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 sources of income of the defendant. For the case-solving official, all the data concerning the salary or other income of the obligated parent matters.

Likely difficulties

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

Advantages and disadvantages

Among the advantages of a fixed payment, it should be noted that in this case the plaintiff has the opportunity to receive from another parent an amount in excess of the percentage of salary or income established in the UK. However, at the same time, there must be confidence that the arguments that are available will be sufficient to prove the necessity of fulfilling the obligation in this form. Among the shortcomings of this process, experts highlight the comparative complexity of the order in which child support is established. The proceedings involve several stages. Each of them takes a certain time. In general, the trial may last quite a long time. However, a court order is not issued.

Solid Money Alimony: Clearance Tips

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

• Copies of the passport, the certificate of marriage or its dissolution, the birth of children.
• References from the place of residence of the defendant.
• Calculation of the amount of payment.
• Justification of costs.

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 in which the proceedings will be held - at his place of residence or where the defendant is. This moment should be reflected in the claim.

Sample appeal

"In the magistrates' court .______

Plaintiff _____ (full name and address)

Defendant _____ (full name and address)

Statement of claim

for 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). Children (child) live with me at ____ and are on my full material content.

The defendant is not involved in the provision of children (child). It was not possible to take a general decision on the payment of alimony; an agreement was not concluded on them.

I believe that the defendant is obligated to pay alimony to provide minor (s) children (child) _____ in my favor in a fixed amount, because _____ (the circumstances specified in Article 83 of the UK that allow determining fixed payments for maintenance are indicated).The establishment of such a deduction will ensure the stability of the maintenance of children (the child), eliminate difficulties in determining the amount of subsequent payments, compliance with the proportionality of the material assistance received by the children (child) and the capabilities of the payer.

When sharing with the defendant on children (child) we spent an average of ____ p. After the dissolution of the marriage, the material support of the children (child) is ___ p. in accordance with my average monthly income of ___ p. I ask the court to take into account the marital status of the defendant and the plaintiff when making a decision on the appointment of alimony in the fixed amount of ____ (marital status, presence of obligations regarding the maintenance of other persons).

The cost of living in the territory of ____ (the name of the subject of the Russian Federation) for children is on average ____ for the quarter of ____ year. This value is set ____ (cite the name of the normative act in accordance with which the subsistence minimum for the region is determined, if it is not established, refer to the relevant Government resolution on the amount of payment for Russia).

Taking into account the need to provide children (child) with an adequate level of maintenance no less than previously, the amount of child support in a fixed amount should be ___ (indicated in shares relative to the subsistence minimum, for example 1/2, 2, 1.5, etc.), since ____ (the grounds for recovery are indicated). Given the likely price fluctuations during recovery by court order of alimony, a mechanism should be established by which indexation of alimony will be carried out in hard cash, in accordance with changes in the cost of living.

Based on the foregoing, according to Article. 117, 83 SK of the Russian Federation, Art. 132, 131 Code of Civil Procedure of the Russian Federation, I ask:

1. Collect from ____ (full name of the defendant) in favor of ____ (full name of the applicant) monthly payment of alimony in a fixed amount ___ (size in shares relative to the subsistence minimum) for the maintenance of minors (s) ____ (Ф .I.O. of children (child, date of birth and place) from _____ (indicate the number) and until their (his) coming of age.
2. Set the procedure for the recalculation of funds recovered by the court in accordance with the change in the cost of living in ___ (indicate the region or the Russian Federation as a whole).

List of attached documents:

• Copy of the claim.
• Copy of divorce certificate (if divorced).
• Copies of St.-in about the birth of children (child).
• Certificate of salary (income) of the plaintiff.
• Papers confirming the value of the defendant's income.
• Certificate from the place of residence of the plaintiff and children.
• Documents confirming the amount of required collateral.

Date ____ Signature ___ ".