The divorce of spouses, and the determination of the place of residence of common children with one of the parents, does not relieve the second obligation to provide financial support to minors. According to statistics, most often a daughter or son stays with her mother. Mandatory monthly maintenance payments fall on the father. The law provides for two options for calculating such a monetary content.
In what form can alimony be collected?
According to the norms of the current family law, there are the following options for recovering child support (s):
- in the percentage established by the court of the parent’s total income (one fourth for one child, one third for two children and half of the income for three or more children);
- in the fixed amount established by the court.
Whatever the size of the content, it should be paid by the parent monthly. 
When is a fixed amount of content set?
Legislator, namely Art. 83 of the IC of the Russian Federation, a number of conditions are established that are necessary for the court to appoint monthly maintenance per child in a strictly defined amount:
- the parent has an unstable or periodically changing amount of income;
- the parent receives earnings in kind or in foreign currency;
- the parent does not have an official place of work (his true income is not determined).
In any case, the establishment of solid content, in one way or another, is connected with the parent's income.
The amount of fixed content is determined by the court, based on the usual level of material security for the child (s). 
In other words, analyzing Art. 83 of the IC of the Russian Federation with comments, it can be noted that if a child previously had the opportunity to eat well and dress or undergo the necessary treatment, then after the parents divorce he should not be deprived of anything.
There are frequent cases when the collection of alimony in a fixed amount is due to the fact that the parent has unregistered income in the tax authorities, for example, the father of the child works informally, but at the same time has a stable monthly income.
Collection of a specific amount
Financial liabilities in favor of children in the form of a fixed amount are determined in court proceedings. For them, the same procedure applies as when assigning payments in percentage terms.
A significant difference is only the selected basis. In this case, it will be Art. 83 SK RF.
Of no small importance in determining the size of the content is the condition selected by the plaintiff for the recovery of alimony in this order. At the same time, the condition and basis indicated in the application require mandatory proof.
In accordance with paragraph 3 of Art. 83 of the IC of the Russian Federation, if common children, by a court decision, live with both father and mother, financial maintenance is recovered from a more financially secure parent. The legislator has provided such an opportunity to equalize the situation of children.
The amount of the firm amount
Due to the fact that the standard of living of Russian citizens changes with each new year, and usually not in the direction of improvement, the law provides for the rule to determine the amount of alimony in the amount multiple of the minimum wage per person established in a specific region of the country, or in accordance with a regulatory act Russian government.In addition, the amount assigned by the court is subject to periodic indexation in the event of a change in the subsistence level.
The law also allows the determination of the fixed amount of maintenance payments on the basis of Art. 83 of the IC of the Russian Federation not in full of the subsistence minimum, but only in its part. For example, half its size.
Collection procedure
Such claims, as well as the recovery of the content in the legally established share of the parent's earnings, are subject to consideration by the courts of the peace, or federal district courts, if the claims are presented along with other requirements. For example, on the division of property of spouses or the determination of the place of residence of common children.
Claim under Art. 83 of the Insurance Code of the Russian Federation is served at the place of residence of the parent from whom the content is recovered, or at the location of his property.
Application content and necessary applications
In addition to the mandatory details, such as: name of the judicial authority, data of the plaintiff and defendant, name of the statement, statement of claim for the recovery of alimony in a fixed amount must contain a descriptive and motivational part.
In this part of the statement, it is necessary to describe your situation, in particular:
- when the marriage was registered and divorced;
- how many children the spouses have from this marriage, with whom they live, and who is raising and supporting children at the moment;
- how and on what does a spouse exist from which alimony is collected, in particular, does he have a steady income, in what form does he receive wages, etc. (indicate the condition in connection with which alimony is exacted in a fixed amount).
It is mandatory to indicate in the lawsuit whether the spouses have previously drawn up an agreement on this issue. Otherwise, if they already have this document, the lawsuit will be denied.
If the plaintiff has information about the monthly income of the defendant, then this should be recorded in the text of the application.
The motivation part must contain references to the current legislation. In this case, Art. 83 and 117 SK of the Russian Federation.
The final part of the application expresses the plaintiff's claim for the recovery of the content indicating its value.
The lawsuit is dated and signed.
To make your demands look convincing, the court will need evidence.
As an application to the court are provided:
- copy of the passport;
- copy of the certificate of marriage (divorce);
- copies of birth certificates of children;
- copy of the statement of claim (for the defendant).
In addition to the listed mandatory annexes, documents confirming the defendant's income (or lack thereof) should be added to the application.
What matters to the court in making the decision?
How much a court will determine for a monthly payment depends on each individual case. Of no small importance is what arguments the defendant himself will present in his defense. For example, some negligent parents who want to reduce the amount of alimony can provide the court with certificates showing low income, judicial practice under Art. 83 SK RF knows many such cases. In the absence of other evidence on the part of the plaintiff, the official settling the case will have to rely on the available evidence.
Therefore, it is extremely important to prove that the defendant has all types of income, including those that are not officially registered, as well as the circumstances under Part 2 of Art. 83 SK RF.
In addition, when determining the amount, the judge will take into account the fact that the defendant at the time of going to court may already have a different family and children born from another marriage. In this case, you should not count on the amount of maintenance significantly exceeding the amount of maintenance payments established by law.