Child support in a fixed amount. Alimony in a fixed amount - judicial practice

Currently, many married couples get divorced, and children remain to live with one of the parents and, most often, with their mother.

It is difficult for a woman to provide sufficient financial support without the help of the child’s father, so this controversial issue is very relevant in society.

How to collect alimony in a fixed amount from the second parent for raising children? Let's look at the norms of Russian legislation that may oblige you to collect such funds for the maintenance of your children.

What it is

In life circumstances, very often the money collected from the defendant’s income as a percentage does not satisfy all the needs of the child. They are significantly lower. Therefore, the Russian Federation provides an alternative way to solve this problem, which allows you to withhold monthly fixed payment amount for his decent living.

In legislative acts they are called alimony in a fixed amount.

The difference between the two types deductions are as follows:

When a parent’s funds are withheld in favor of a child, their amount is not at all tied to the minimum subsistence level established in the constituent entity of the Russian Federation. Collecting a share of finances from the funds he receives in the form of wages can sometimes be problematic. Especially when he or another source of income. There are also cases when he receives a shadow salary “in an envelope”, from which it is impossible to officially collect alimony.
The award of payment in a fixed sum of money does not depend on the defendant’s income received, but is set as a multiple of the minimum subsistence level. Therefore, he will be obliged to transfer the awarded monetary payment to the child on a monthly basis, regardless of whether he works or not.

A guaranteed receipt of a constant amount of money allows you to better plan your monthly expenses for your child.

Advantages and disadvantages of this type of alimony calculation

Receiving penalties in a fixed amount has several benefits:

However, there are also flaws for this method of collecting alimony:

Due to the constant rise in prices and inflation, the constant amount may become too small. After several years, it will not be enough to meet the child’s needs, especially if the court decision does not indicate the calculation of indexation interest.
There is no guarantee that the fixed amount awarded will be higher than a share of salary or more than the cost of living.
A very long and complex trial.

Conditions and grounds for assigning these payments

Receive alimony The following persons can:

Even if these persons have already been awarded and receive alimony money in the form of a certain share of the defendant’s income, they can still apply to the court to transfer their amount to a fixed monthly amount.

Collection methods

Receiving funds is possible both by mutual agreement and through the court in the event that the defendant evades fulfilling his duties voluntarily.

Let's take a closer look at both of these options.

Voluntary consent

If there is a break between the spouses, but they maintain respect for each other, then they can come to mutual agreement on the issue of transferring financial assistance for the child.

To do this, they need to sign in the presence of a notary.

It also happens that the father is happy to provide financial assistance himself. In this case, the spouse is not required to submit an application. A man can independently initiate permanent payments by sending his application to the administration of the enterprise.

To withhold alimony in a fixed amount of money, the following data must be indicated in the document:

Collection of funds forcibly

If the payer disagrees with the recipient’s arguments, it is necessary to draw up and file a claim in court.

Then the judge will determine the fixed amount of monthly deductions, based on the minimum subsistence level approved by law. For each subject of the Federation it is established by regional authorities independently.

For this, you can contact experienced lawyers.

The fixed payment amount can be review periodically. However, this should be done only in cases where there has been a significant change in the financial situation of the payer.

An important point for the applicant is the procedure for registering and filing claims to withhold funds from the defendant. You need to concentrate and do everything correctly so as not to waste precious time.

Procedure for registration and collection of payments

The fundamental rights of recipients of alimony payments are set out in section 13 of the Family Code of the Russian Federation.

According to the current legislation, cases of this kind on the recovery of a fixed amount from the defendant cannot be issued in the form of a court order. The proceedings are carried out only after filing a statement of claim with the involvement of both parties in the process. Moreover, the court will open proceedings on this issue if there is no mutual agreement between the parties.

Reasons for excitement The following circumstances may serve as a basis for court proceedings to award a fixed amount of alimony:

The plaintiff has the right to address his application to the court, both at the debtor’s place of residence and at his district branch. The magistrate examines the circumstances of such cases. The application is accepted without paying a state fee.

Calculation procedure

The fixed amount awarded by the magistrate's court is primarily depends on the cost of living, which is established by local authorities in the constituent entity of the Russian Federation. If it was not accepted by the local government, then when assigning penalties, they take into account the level that was assigned for the entire country. To make a decision, these parameters are the main ones for assigning deductions in the minimum amount.

In each specific situation, alimony deductions in a fixed amount of money are assigned differently, based on the defendant’s income and the child’s needs. When determining the amount of payment, the judge first of all considers the interests of the children or other recipients, and then the alimony payer.

The decision taken should not lead to a significant deterioration in the living conditions of children.

Rules for changing the payment amount

Early decisions of magistrates can be reviewed. Changes may either increase or decrease the amount assigned to withholding.

It all depends on the reason why one of the parties appeals to the judicial authority on this issue. However, neither the alimony payer nor the accountant of the company where he works has the right to independently decide how much will be deducted in favor of the recipient.

More often reasons for going to court to change the fixed amount of alimony are the following circumstances:

If there are such compelling reasons, the approved amount of alimony may be reduced or increased. It can only be reappointed in court. When drawing up a claim, you must indicate what grounds there are for changing the fixed amount upward or downward. They need to be supported by strong evidence.

If between the parties agreement concluded, then to formalize the changes you must enter the relevant data into this document. In this case, new changes should be made voluntarily jointly by both parties and notarized.

The change in the increase in the fixed amount must concern the needs of both parents or the child, but the payer cannot be left completely without means of subsistence. If the defendant wants to reduce the amount of deductions, then this should not deprive the child of necessary material benefits.

Reducing the amount of payments

Eat a number of good reasons when the court revises the fixed amount of alimony and assigns it in a smaller amount:

A reduction in payments may be established if the payer’s financial situation has worsened. He may be fired when the company's workforce is reduced, or he may become seriously ill, become disabled, etc. Such circumstances sharply reduce income, so he can go to court to reduce the amount of alimony.
If there have been changes in the composition of the defendant’s family and the number of dependents has increased, then the court may also reduce the amount of penalties. For example, when a baby is born and the wife is in prison, the defendant must provide decent maintenance for them too. By law, he must also support elderly parents who have lost their ability to work. All these are good reasons that may affect the reduction of deductions from his income.
The reason for the reduction in payments may be the child’s own property, which brings him a good income. Or if he is supported by the state.

Increase in amount

The grounds for increasing the amount of penalties in favor of the alimony recipient may be circumstances that have influenced the improvement of the defendant’s financial situation. As a rule, the application is submitted by someone who is interested in receiving large sums. At the same time, in court you need to confirm the motivation of your claim with evidence.

Main reasons which the applicant may refer to are:

Either party can file a claim in court to influence the amount of penalties. The main thing is that there is evidence confirming the occurrence of compelling circumstances that influenced the financial situation of the payer or recipient.

Indexation of payments

Inflation has a significant impact on the financial situation of the recipient of funds, because a fixed payment amount reduces purchasing power over time when prices rise significantly.

Therefore, the law provides conditions for increasing the amount of alimony - indexation. This parameter allows you to increase the amount in accordance with the increase in the cost of living, which is determined quarterly at the federal or regional level. Thus, indexation of fixed penalties is carried out quarterly by the bailiff or the payer’s employer.

The collection of alimony payments in a fixed amount of money is described in the following video:

The court can establish alimony not only as a percentage of all income received by the defendant, but also as a fixed amount of money. This method of assigning payments for the maintenance of children determines, and for the provision of spouses -. We will try to examine in detail all the issues related to the establishment of alimony of this type.

Cases of assigning alimony in a fixed amount

All cases are provided for by law. These include the following:

appointed to provide for children;
when the parent does not have an official place of employment;
when a parent receives an unstable income, for example, monthly salary payments in different amounts;
when the profit received by the father or mother is expressed in kind;
when the defendant has income in foreign currency, in dollars, for example;
when determining the amount of alimony as a percentage is difficult;
when establishing the amount of alimony as a percentage significantly violates the interests of the child, i.e. the amount obtained during the calculation is negligible as a percentage;
appointed for the maintenance of spouses, as well as former spouses in a number of cases provided for by law;
assigned to disabled children who have reached the age of majority and are in need of financial assistance.

It should also be noted that when establishing alimony through the parents’ execution of a voluntary agreement, a fixed monetary amount of payments can be assigned by them even without these circumstances.

To provide for children

For children, alimony in a fixed amount is assigned in the same way as when determining payments as a percentage of income, when the fact of the child’s need is confirmed in court, and documents are submitted on the financial situation of the plaintiff parent and the defendant parent.

Mandatory conditions for paying alimony in the form of a fixed amount of money:

Only if all the stated conditions are met, the court has the right to order payments for child support in the form of a specific amount of money.

To provide for spouses

Article 89 of the Law establishes cases when alimony can be recovered to provide for one’s wife or husband. These include the following:

wife's pregnancy;
wife caring for a joint child until he is three years old;
disability of the husband or wife, as well as the need to care for them and provide financial assistance;
Caring for a disabled child by a husband or wife.

The law does not provide for the collection of alimony as a percentage of income in these situations. In a number of such circumstances, payments are always determined by the court in the form of a fixed amount in monetary terms. The size is determined individually in each situation, taking into account the degree to which the recipient’s needs are met.

For ex-spouses

You can collect alimony not only from current spouses, but also from former spouses. This can be done in a number of cases:

during pregnancy of the ex-wife;
when an ex-wife or husband takes care of a joint child before he is three years old;
when an ex-wife or husband takes care of a joint disabled child before he comes of age;
in case of incapacity for work of the ex-husband or wife, which occurred during their stay in the marriage union or within one year after the official breakup of family relations;
if the pensioner spouse is in need, if 5 years have not passed since the dissolution of the marriage.

The list of reasons is exhaustive. The law allows alimony to be established in a fixed amount of money for former spouses not only by filing a claim in court, but also by drawing up a mutual agreement.

Advantages and disadvantages

Establishing alimony as a fixed amount of money has both its advantages and disadvantages. Let's start with the positives.

The advantage, of course, is the possibility of collecting alimony that significantly exceeds the amount of payments assigned as a percentage. Establishing a fixed amount of money as alimony provides the child with the usual level of life activity and guarantees full satisfaction of the needs that were realized before filing the claim in court.

It is also positive that demanding payments in the form of a lump sum of money is the only way to collect obligations from unemployed parents. The percentage of income cannot be calculated due to the defendant’s lack of work.

Now about the disadvantages. The collection of alimony in the form of a fixed sum of money is a rather lengthy and complex legal process. The standard list of documents sent with a claim to the court is supplemented by a list of monthly expenses for maintaining the baby.

People's standard of living changes every year: prices rise, the cost of living changes. To change the size of the fixed monetary amount of payments established by the court, various services need to perform a number of additional manipulations. So, the bailiff must make a decision about this, the defendant’s employer must constantly monitor changes in the level of the cost of living and make deductions in accordance with the new indicators.

Size - how to calculate?

In family law, no limits are established regarding the amount of alimony in the form of cash payments. Practice in such cases shows that judges, when resolving the issue, more often resort to focusing on the indicators of the children's subsistence level in a particular subject. An important rule when determining the amount of financial assistance is that the assigned amount should not be less than that which would be established as a percentage.

Food;
children's hygiene products;
clothing and shoes;
toys and educational games.

In addition to the main costs, there are also additional costs that arise under a number of circumstances:

purchase of medicines;
payment for therapeutic therapy sessions: massage, swimming, warming, physical therapy room, etc.;
payment for a trip to a sanatorium, where the child needs rest according to medical recommendations;
expenses for entertainment: going to the park, cinema, zoo, all kinds of paid attractions, etc.;
purchasing household items: children's furniture, bedding.

The list of expenses for the child, which is necessarily attached to the statement of claim, must indicate absolutely all regularly incurred expenses. The total amount of monthly expenses will be the final amount of alimony required in court.

It is important for the plaintiff to know that the required amount of alimony cannot be higher than the amount of expenses incurred for the maintenance of children. Otherwise, the amount recovered will be unreasonable, and the court will most likely reduce the required amount of payments.

How to collect?

by concluding a mutual agreement with the defendant;
by sending a statement of claim to the court.

If the spouse does not waive the obligation to support his child or wife, then an agreement on this can be drawn up. Such a document requires mandatory certification by a notary. The agreement contains the following attributes:

date and place of registration;
information about the parties: full name, date of birth, passport details, information about registration and actual residence;
information about the child in whose interests the document is being drawn up: full name, date of birth, details of the birth document;
amount of alimony;
regularity of payments;
deadlines;
bank details of the recipient parent;
circumstances serving as the basis for termination of payment;
force majeure circumstances.

The agreement is drawn up in two copies for each party. Failure to fulfill the terms of the agreement entails liability ().

When it is not possible to agree with the second parent regarding the provision of financial assistance, there is nothing left to do but send a statement of claim to the court. The claim is filed at the place of residence of the defendant parent in accordance with Article 28 of the Code of Civil Procedure. If the plaintiff has minor children in his care and it is difficult to get to the defendant’s court site, then you can file a claim at your place of residence.

The statement of claim reflects the following points:

name of the court site;
information about the applicant;
information about the defendant;
descriptive part: the defendant’s refusal to voluntarily help financially, the financial situation of the parties, the child’s place of residence, the degree of his need, circumstances that exclude the possibility of assigning alimony as a percentage;
pleading part: request for payment in a fixed amount of money.

The application contains the following documents:

a copy of the applicant's passport;
a copy of the child’s birth document;
a copy of the marriage or divorce document;
certificate of the child’s place of residence;
certificate of the plaintiff’s earnings;
certificate of the defendant’s earnings (in case of employment);
a copy of the defendant’s work record book, the last entry in which is a record of dismissal (in case of lack of work);
list of monthly expenses for a child.

The period for consideration of the case is up to one month. The rendered decision is sent to the bailiffs for the formation of a writ of execution. If the defendant is officially employed, then the worksheet is sent to his employer for execution. If he does not have a job, then the document is handed over to him personally.

Indexing

What to do if the court has established a specific amount of payments for child support, and the standard of living is constantly changing, prices for goods and services are rising every year? To solve this problem, the legislator has provided for the possibility of indexing alimony. The procedure is provided for in Article 117 of the Family Code.

The point of indexation is to change the amount of alimony based on the increase in the cost of living in a particular region. In order of indexation, payments can only be changed upward. Cost of living indicators change quarterly. If the cost of living is not established within the region, then the general level applicable throughout the country is applied.

Indexing can be carried out:

bailiffs, issuing an appropriate resolution on this;
the defendant's employers withholding child support by issuing an order to that effect.

Let's give an example of indexing. Citizen T. was awarded child support in the amount of 1.5 subsistence minimums by the court. At the time the court made its decision, the figure was 8,000 rubles per child, respectively, the mother was paid 12,000 rubles. Three years later, the cost of living rose to 10,000 rubles. Let's calculate the amount of payments after indexation using the following formula: CSA/NPM×SVA, where

DPM – current subsistence minimum;
NPM – initial subsistence minimum (valid at the time of awarding alimony);
SVA – amount of alimony paid;
KS - the final amount of alimony after indexation.

We get the following: 10,000/8,000×12,000=15,000. After indexation, the amount of alimony will be 15,000 rubles.

Is it possible to change the amount of alimony in the form of a fixed amount of money?

The amount of alimony ordered by the court can be either increased or decreased. He talks about this. You can do this in two ways:

if alimony is established by agreement, then by making changes to the main document;
If alimony is collected through the court, then the amount can only be changed through the court.

Any party, both the mother-recipient and the father-payer, can take the initiative to change the usual amount of payments.

Circumstances under which the payer can reduce the amount of alimony:

serious illness, disability;
decrease in earnings;
the birth of new children, whom he must also provide for;
emancipation of the child and providing for himself.

Circumstances under which the recipient can increase the amount of assistance:

job loss;
decrease in earnings;
serious illness of the claimant or child, requiring monthly financial investments;
rising prices for food and basic necessities.

The court takes into account all the documents provided, evaluates the current circumstances, and then makes a decision: reduce (increase) the amount of payments or leave it the same.

Thus, collecting alimony in the form of a fixed amount of money is a rather complex legal process that requires special attention and additional time. Knowing the principles of assigning alimony and the nuances in such cases, it becomes possible for the plaintiff to recover a specific amount for himself or for the child, much greater than the percentage of the defendant’s earnings.

Lawyer at the Legal Defense Board. Specializes in handling cases related to divorce proceedings and alimony payments. Preparation of documents, incl. assistance in drawing up marriage contracts, claims for penalties, etc. More than 5 years of legal practice.

Collection of alimony in a fixed amount of money - This is an alternative to receiving payments based on a percentage of your earnings. The amount of payments is not determined by law. Therefore, the parties themselves can influence the amount of alimony payments. You will learn about in what cases you can count on fixed alimony, what affects the amount of payments, and who the claimant is by reading this publication.

Grounds for collecting alimony in a fixed amount

Earnings are issued in kind (food, services, etc.) or in the money of a foreign state (for example, the alimony payer works abroad and receives a salary in euros).
Collection of alimony as a percentage infringes on the rights and interests of interested parties. For example, a person liable for alimony earns 100,000 rubles. per month. When collecting payments as a percentage, the amount of alimony amounted to 25,000 rubles. The minor actually needs 15,000 rubles. monthly. There remains extra money that may be spent for other purposes. In this case, the payer has the right to file a claim for the award of payments in a fixed amount.
. Child support will be calculated based on the interests of the child and the amount of benefits received.
The source of income is unstable and changing. For example, the debtor is engaged in entrepreneurial activities. In one quarter he received 300,000 rubles, and in another only 150,000 rubles. Income is not stable, which may affect late payments.

Who can file a claim for alimony in a fixed amount?

The following may apply for alimony in a fixed amount:

a child under eighteen years of age;
a woman carrying a common child;
a wife caring for a child up to the age of three;
mother caring for a disabled child until a certain point in time or for life;
an adult child, due to health reasons, unable to work and in need of additional financial support;
ex-wife or husband who became disabled during marriage or after it within a year;
a retired spouse in need of financial support;
parents in need of help;
other dependents provided for by law.

What affects the amount of payments?

The following factors influence the amount of payments:

Living wage in the place of residence of the claimant. For example, a child lives in Moscow, and the father lives in Kaliningrad. Payments will be collected taking into account the price level in the capital.
The presence of other persons dependent on the alimony payer. For example, in addition to a child from his first marriage, a man has a second baby. Taking into account changes in family composition, payments may be reduced.
Health status of the parties. If the alimony obligee is disabled or has been on sick leave for a long time, he has the right to file a claim in court to reduce payments due to his disability. Alimony may be increased if the recipient requires additional financial resources for treatment or rehabilitation.
Need is taken into account in any collection of alimony. This concept means that the potential recipient of payments has no available options for receiving income other than from the alimony payer. For example, a disabled child can only rely on his parents and the state, which pays him a disability benefit. Therefore, the responsibility for maintenance in this case falls on the parents. Another example, a parent, a retired father, claims to receive child support payments from his son. In fact, the applicant receives a pension that is higher than the subsistence level. In this case, he will not be recognized as in need of alimony.
Availability of property. This circumstance is taken into account if the property generates additional income. For example, a child has an apartment that is rented. Every month the mother of a minor, as his legal representative, has a certain amount that she can spend on the needs of the child. When determining the amount of payments, the court will take this fact into account.

When determining alimony payments, the following are not taken into account:

property that does not generate income;
the earnings of the wife’s new spouse or herself.

The procedure for collecting alimony in a fixed amount of money

Collection of alimony is carried out by concluding an agreement or filing a claim in court.

Voluntary order

The parties have the right to enter into an agreement on the payment of alimony. It is concluded by mutual consent. The agreement includes provisions such as the amount of payments, payment terms, penalties for late payments and other issues that the parties wish. It is not allowed to include clauses that contradict the law or infringe on the rights and interests of the other party.

The document must be notarized. Otherwise, the provisions of the agreement are considered invalid.

Cancellation or modification of the agreement is carried out with the will of both parties and in the same form as the main document.

Judicial order

Collection of alimony through the court is carried out by order and claim.

The court order is issued within five days from the date of filing the application. The parties are not summoned to the court hearing.

A copy of the document is sent to the defendant for review. If no objections are received from him within 10 days, then the applicant is given the original order. In the event of an appeal, the consideration of the case begins again, but already in the claim proceedings.

A claim is filed if there is a dispute about the amount, timing of payments, etc.

You also need to prepare:

passport;
document on marriage or divorce;
address certificates for the parties to the process;
a certificate of all sources of income of the alimony obligee;
calculation of payments with justification and documentary evidence (checks, contracts, etc.)

Depending on who the creditor is, other papers may be required:

birth certificate;
pensioner's ID;
pregnancy certificate;
conclusion of a medical commission on disability;
certificate of income of the claimant.

The court has the right to request other documents necessary for a comprehensive consideration of the case.

All documentation is submitted to the office hours of the Civil Chancellery.

The parties, interested parties, and witnesses are notified of the place and date of the hearing.

The judge interviews all those who appear, examines the evidence, hears motions, and makes a decision based on all the information. There may be one or several court hearings - it all depends on the complexity of the case and the interest of the parties in a speedy resolution of the dispute.

The judicial act comes into force immediately. The writ of execution is issued immediately or the plaintiff can obtain it from the civil proceedings department later.

The court order and the writ of execution are submitted to the bailiff service or to the accounting department of the alimony obligee for execution.

The practice of collecting alimony in a fixed amount

Let's give a few examples from practice.

The plaintiff applied to the court for alimony in the amount of the subsistence minimum (9,000 rubles) in Krasnoyarsk for the child. She was not married to the defendant, but has a child in common with him. The father refused to submit a joint application to the registry office and objected to the specified amount, citing the fact that he was paying the eldest child 5,000 rubles. per month. The court satisfied the applicant's demands. Paternity was established through DNA testing. The court considered the amount of alimony to be justified and ordered payments in that amount.

The plaintiff filed for recovery of maintenance in his favor from his eldest son. To justify this, he cited the following facts: his son has his own business, which brings in good income, and he, the father, lives only on an old-age pension. The court rejected the claim. At the meeting it was established that the father did not participate in the upbringing and maintenance of the child. In this case, even if there is a need for funds, the requirements will be refused.

Fulfillment of alimony obligations is possible in several ways. The main thing for the recipient is that the debtor transfers the allowance to the minor child in a timely manner and in full. Some ex-spouses come to the conclusion that alimony in a fixed amount is the best option. What kind of technique is this? Why has it become so widespread? What are the advantages of this method?

To formalize the payment of alimony in a fixed amount of money, you need to collect a package of documents and apply to the magistrate’s court. Only this authority has the right to consider such cases. The size is determined based on the current subsistence level. In 2019, the minimum wage in Russia is 11,280 rubles (). The procedure for a judge's actions is regulated by the Family Code of the Russian Federation.

Alimony in a fixed amount is assigned not only to support children under the age of majority. Such payments are provided for the maintenance of the second parent, who has taken on the responsibility of raising a child up to three years of age. To obtain alimony, you must file a claim and go to the magistrate's court.

Number of common minor children:	1 2 3 or more
Second parent's salary:	rub. Error
Deduct personal income tax from salary:	Yes No
Other income of the second parent:	rub. Error

The peculiarity of alimony in a fixed amount is that the amount of payment does not depend on the salary and other income of the payer. Monetary support is calculated as a multiple of the minimum subsistence level. In situations where this indicator has not been established, the judicial authorities take into account the data provided by the Russian Government.

Conditions for calculating payments in hard form

The court, having considered the case of collecting alimony from the defendant, can order payments in a fixed amount only if several conditions are met. The main thing is the absence of a notarized agreement between the former spouses on the provision of monetary assistance in favor of the child. In addition to this condition, it is necessary that the person to whom the penalty applies meets one of the following parameters:

the citizen has a changing or inconsistent salary;
the person is paid for work in foreign currency or given income in kind;
The defendant has no regular income.

In addition to the noted criteria, there is one more. This is a situation where the alimony provider’s share of payments to wages does not suit the plaintiff due to violations of the interests of a minor child.

Any of these factors is a reason to go to court to assign alimony in a fixed amount. If the current situation does not fall under the noted positions, then payments are assigned as a share of the salary.

The parent who has custody of an adult child has the right to recover child support from the defendant. If a person is over 18 years old, recognized as disabled, does not work and needs specialized care, then performing such an operation will not be difficult. Please note that such information must be officially confirmed.

Also, fixed alimony can be assigned to a former pregnant wife or a woman who is raising a child under three years of age. Another option for assigning alimony in a fixed form is if the former spouse is recognized as in need of maintenance.

Amount of cash payments

Advantages

The key advantage of alimony in a fixed form is the ability to recover from the payer funds that exceed the standard percentage of the salary (one of the provisions of the Family Code). The most important rule here is the presence of evidence of the real size of the monthly profit of the alimony provider.

Useful video: the amount of alimony in a fixed amount

Flaws

Alimony in a fixed amount is not without its disadvantages. The main difficulty is the complexity and complexity of the process, as a result of which the court sets a fixed amount of monetary payment. In addition, the claim proceedings take quite a long time. If the plaintiff is ready to endure all the difficulties and temporary losses, then this option can be used.

Design rules

To obtain alimony in fixed monetary terms, it is necessary to collect and provide a certain set of documents. The documentation, together with the statement of claim, which is drawn up in accordance with the current rules, should be transferred to the magistrate's court. To open a business you will need:

a copy of the child’s passport and birth certificate;
a certificate confirming the defendant’s place of residence;
marriage certificate and document on dissolution of the union (copies);
calculation of the amount of alimony claimed by the plaintiff;
justification of expenses for the maintenance of a minor.

Only the plaintiff determines where the judge will hear the case (at the place of residence of the alimony collector or at the place of residence of the defendant). When drawing up a statement of claim, you must provide this information. The claim must contain information, supported by documents, about the defendant’s sources of income.

Download a sample statement of claim for the collection of alimony in a fixed amount:

Arbitrage practice

Judicial practice of collecting alimony in a fixed amount shows that in 2019 the following are entitled to receive such payments:

Minor children.
Disabled adults.
A parent raising a disabled child.
Pregnant woman.
The spouse who is involved in raising and maintaining the child.
A parent who became incapacitated and disabled within 1 year of the divorce.

Recently, the number of such court cases has increased, as in 2019 the number of unemployed people and people hiding their real income increased.

Conclusion

Having completed the consideration of the case, the judge determines the amount of the penalty, which is indicated in the relevant resolution. Only this document is the basis for issuing a writ of execution - a document that is subsequently transferred to the bailiff service. Based on it, specialists organize the process of collecting alimony from the payer.

Receiving alimony in a fixed form is beneficial for those parents in whose care there are children under the age of majority, who understand that the payer is covering their real monthly income. If he can be obliged to transfer a specific amount of money, then it is better to choose this option when going to court. Moreover, the size can subsequently be adjusted upward or downward.

Obviously, this option is not suitable for all recipients of alimony payments. Before going to court, you should weigh and analyze everything. If possible, it is better to seek advice from an experienced specialist who practices family law. In this case, errors are excluded. The plaintiff must understand that the well-being of the joint child depends on alimony and its timely receipt.