Alimony in a solid monetary amount: judicial practice. Advantages and disadvantages of this method of recovery

Many mothers who are forced to support and educate their children alone have often faced the dishonesty of their former husbands. Most often, ex-spouses try to hide information about their incomes. In this situation, mothers either have to be content with scanty payments for the maintenance of their children, or ask for alimony in a hard cash amount. Judicial practice shows that fixed payments are assigned not only to the maintenance of children who have not reached the age of majority, but also to spouses, as well as elderly parents.

What does the law say?

Article 80 of the Criminal Code of the Russian Federation states that parents are obliged to fully provide for their child until he reaches the age of majority. At the same time, both parents must provide financial support for the child. However, in practice one of the parents (living apart from the child) most often forgets about their duties. The court will help to remind of the parents' responsibility for the maintenance of underage children. It's no secret that the recovery of payments for the maintenance of children occurs as a percentage of all defendant's incomes. In fact, it is not always possible to collect alimony in shares from the defendant's earnings.

Alimony in a solid monetary amount: judicial practice

Based on the legislation of the Russian Federation, the following categories of citizens have the right to receive cash payments in a fixed amount:

• Minor children, as well as former spouses, engaged in the education of children with disabilities.

• A pregnant wife. In this case, it does not matter whether they are with the defendant in divorce or in marital relations.
• A spouse, engaged in raising a baby. According to the law, alimony is paid monthly for the maintenance of the spouse, while the money is paid before the child reaches the age of 3 years.
• A spouse who within 12 months after the dissolution of the marriage relationship has become disabled and can not provide for himself.
• Adult disabled persons.

Fixed amount for the maintenance of the child: when appointed?

The recovery of money for the maintenance of the child is possible only thanks to the court, and the judge will be able to oblige the defendant to pay both part of all incomes and alimony in a fixed sum of money. Judicial practice shows that the appointment of a fixed amount for the maintenance of the child is possible in the following cases:

• If the defendant's income is changeable. In our country, work by the shift method is not uncommon, the income of such citizens is not quite constant and the assignment of alimony in a constant amount is advisable.
• Payment of the defendant's work is not in cash, but in kind. The fixed amount of alimony will help the woman to support the child.
• If the defendant receives his salary in foreign currency. Duties of parents on the maintenance of minor children are not abolished even if the defendant is abroad, so it is more appropriate to assign a fixed amount of alimony.
• In Russia, many unemployed citizens who do not have a permanent official income and are interrupted by casual earnings, but at the same time have movable and immovable property. The court's decision on alimony allows bailiffs to withdraw all the defendant's property for the maintenance of the child.
• Hiding information about official earnings on the part of the defendant allows the judge to fix alimony in a fixed amount.

It is worth noting that if the defendant's life situation falls into at least one of the above points, the judge on the legal right will be able to assign alimony in a fixed sum of money. Judicial practice shows that the judge can establish the amount of material content either independently or based on the size specified in the statement of claim.

How to apply for a claim?

It should be noted that all payments for the maintenance of children, parents or former spouses are regulated by the Family Code. Alimony in the share of the defendant's salary is paid on the basis of an application for the issuance of a court order. To pay alimony of a strictly defined size, it is necessary to file a statement of claim with the World Court and start a court case.

In the statement of claim of the plaintiff should indicate all the circumstances that prompted her to demand from the defendant a fixed amount of alimony. In addition, the application should indicate the children's data and the legal grounds for the assignment of alimony.

What documents need to prepare the plaintiff in court?

In addition to the statement of claim, the plaintiff must bring the following documents to the courtroom:

• A document on the conclusion or dissolution of marital relations.
• A copy of the passport of the plaintiff along with information about the place of her residence.
• Documents on the birth of a child (children). In the event that the plaintiff does not have the original of this document, then she can take his duplicate in the registry office.
• A copy of the statement of claim.

It is worth noting that the plaintiff will not be required to provide a check on the payment of state duty. Usually the state fee is collected at the filing of the statement of claim, however, according to the article of the Tax Code of the Russian Federation, the state fee is not collected from the plaintiff when applying for alimony.

According to the law, the judge is given 5 working days to make a determination on the statement of claim and start judicial proceedings. In the event that the statement of claim is drawn up incorrectly or unjustified, the judge will also make a decision in 5 days to refuse to proceed or to leave the claim without further motion.

Providing evidence

After acceptance of the statement of claim the judge appoints the date of the trial. To ensure the attendance of all participants in the trial to the court, the secretary sends out summons to all by mail, and a copy of the statement of claim is also sent to the respondent.

During the trial, both sides of the trial must justify their demands or objections. For this they need to prove:

• The necessary amount for the maintenance of the child. For this purpose, the plaintiff is better to collect all checks from the stores, confirming the purchase of food and things for the child, as well as receipts for payment of utilities.
• The average monthly income of the defendant. Many defendants hide their official income, so the plaintiff is better than herself to take care of the evidence.

Both parents must provide for their child equally - the Family Code says this. Alimony, recovered from the defendant, must not exceed 50% of all expenses for the maintenance of the child.

How to determine payments in a fixed amount of money?

The amount of monthly payments for the maintenance of a child, spouse or elderly persons directly depends on the amount of the subsistence minimum. The higher the subsistence level in the region of the child's stay, the more the judge will be able to award payments. In the event that there is no minimum in the region, the judge is entitled to award payments based on the subsistence minimum for the country. The size of the subsistence level allows you to determine only the minimum amount of cash payments. However, in each case, the judge has the right to determine the amount of payments for the maintenance of the child.

It should be noted that for each minor child from the family is assigned a sum of alimony. The established amount of alimony should not lead to a significant deterioration in the living conditions of children, because the court must first of all take into account the interests of minors.

Pros and cons of fixed alimony

pros

Assignment of alimony of a certain amount allows the plaintiff to receive payments on a monthly basis, regardless of the defendant's income and credit obligations. In addition, the defendant may have several unofficial sources of earnings, and maintenance payments in the share proportion apply only to the defendant's official profit.

disadvantages

The main disadvantage of such payments is that for their appointment, the plaintiff must prove the defendant's consistency. In addition, the trial can be quite lengthy, because to make a final decision on payments, the judge must consider the evidence of both sides.

How will we recover from the defendant?

In order for court-appointed payments to be received on the plaintiff's settlement account, the following must be done:

1. First, you need to come to the court building and get a writ of execution in the office.
2. Applying to the Federal Bailiff Service, the plaintiff must write an application for the initiation of executive office work. The production will be started by the bailiffs only on the basis of the writ of execution.
3. The bailiffs will collect the money in favor of the plaintiff, based on the court's decision. After the completion of the executive proceedings, the plaintiff will receive monthly child support in a fixed amount of money.

Judicial practice shows that bailiffs most often designate payments from sources of income, such as salary, income from IP activities, fees or bank accounts in operation.

Indexation of payments

It's no secret that our life is getting more expensive every year, and money is depreciating. The legislation of the Russian Federation tried to protect underage children who receive payments in a fixed amount, and provided for the indexation of alimony. The indexation of payments does not mean an increase in the amount of alimony. The very indexation means only that with the increase in the subsistence minimum, the amount of alimony will increase in direct dependence. The process of indexing should be monitored by both the bailiff and the accountant of the organization in which the defendant operates.

As practice shows, the process of assigning alimony in a strictly fixed amount is not uncommon. Many are afraid to sue in court and demand the appointment of alimony, considering this process unreasonable and lengthy. However, the game is worth the candle, because with a positive decision of the judge the child will be provided up to 18 years.