Indexation of alimony. Minimum amount of alimony

Alimentary obligations for many parents last long enough. The material content can be from birth to adulthood of the child, and sometimes even after that. Therefore, there is an indexation of alimony, which will be discussed in the article.

Basic Provisions

The economic situation in the country changes regularly. Because of this, there may be different cost of living, the average salary. The amount of alimony appointed by the court or agreement is not sufficient for the normal maintenance of the child.

For the protection of children's rights, alimony indexation was introduced, which is carried out periodically. With its help, children are listed sufficient funds for a normal life. According to the provisions of the Family Code of the Russian Federation and indexation of alimony is carried out. This is a mechanism for increasing payments based on price increases. There are special formulas for the procedure.

Grounds

By law, alimony is indexed in a hard cash amount. If funds are paid in shares from earnings, then there is no need for this procedure. This is due to the fact that the salary is also indexed. Then the income will also increase along with the increase of the parent's salary.

Until 2016, the amount of alimony was determined by the amount of the minimum wage. Now it depends on the subsistence level. Since that time, the indexation of alimony is carried out with a change in the subsistence minimum approved for the child.

Minimum

Alimony can be paid:

• in percentages;
• In a fixed amount;
• In a combined form.

The amount of child support in 2017 may vary depending on which payment system is designated. According to Article 81 of the Criminal Code of the Russian Federation, the maintenance for a child can be paid in the following shares:

• 25% - for 1 child;
• 33% - 2;
• 50% - 3 or more.

The minimum amount of child support in 2017, if there is 1 child in the family, is 25% of the payer's income. A fixed form is selected if:

• Payment in percent infringes the interests of the parties;
• Funds are given in kind or in foreign currency;
• The payer is recognized as unemployed;
• Income is unstable;
• The salary is listed unofficially.

The minimum amount of alimony in 2017 in a solid amount is not established, as before. Judicial practice shows that it is determined by the subsistence minimum. But this does not mean that payments will be equal to him, they can be more or less.

Maximum

The largest amount varies depending on the method of accrual:

1. The maximum is not limited by agreement, since any size can be determined between the parties. The main thing is that this does not infringe on the interests of the parties.
2. If the calculation is chosen in fractions, then not more than 50% of the income is paid for three children. But the amount can be increased by the judicial body, if the material situation of the parties is taken into account, some circumstances.
3. When assigning payments in a solid form, there is no maximum. The court establishes a firm amount. It is taken into account that the level of child support should be maintained at the same level as before.

Therefore, the maximum in each case is different. The law states that alimony can not be more than 70% of income. This rule applies to payments to under-age children.

Payment terms

The procedure and terms of payments are established by an executive document or agreement. If a court decision is made, then alimony must be paid every month. According to the agreement of the parties, the terms of payments may differ, since the frequency may be different:

• Quarterly;
• Every six months;
• annually;
• At a time.

Periodicity of payments is determined by the parents themselves. Whatever the decision, it should not infringe the interests of children.

What affects the amount of alimony?

When assigning the amount of maintenance to children, the level of income and the minimum wage for the region are important. The amount of alimony in the solid form is affected by:

1. The level of the subsistence minimum is determined every quarter in all regions. If due to any reasons there is no information about this indicator, then all-Russian values are used.
2. Number of persons who are on the payer's security. For example, the amount of payments is reduced at the birth of other children, if the income is not enough at all. Usually, the amount of payments is reviewed, so as not to infringe on anyone's rights.
3. Disablement of the payer. If his health has deteriorated or a disability has occurred, this may cause a decrease in payments.
4. Property that brings in income. For example, a dependent has an apartment that is rented. Every month there is an income from it. Means are spent on the minor. The existence of property is not taken into account if it does not bring profit.

When determining the amount of payments, the parties' need for money is taken into account, as well as the former standard of living of the child.

Responsible for indexing

The procedure is necessary to increase payments when there is an increase in the subsistence level. Then the recipient does not need to constantly file a claim with the court. Alimony is kept from the income of an officially working person. In addition to bailiffs, the responsibility for indexing lies with organizations where the respondents are employed or are studying.

If the amount of the subsistence minimum is changed in the region, the payer's firm's accounting department must independently determine whether changes in the citizens to whom the funds are transferred are concerned. If necessary, indexing is performed. The amount of alimony is increased by order of the organization. It indicates the grounds. The organization itself can increase the amount of deductions, but only if the amount is not more than 25 thousand rubles. Otherwise, the court and bailiffs can change the amount.

Features of the procedure

How does indexation of alimony size occur? If an agreement is made between the parents, the indexing will not be the same as with the court decision. Then the procedure is carried out according to the terms of the document. If they are not indicated, the indexing is carried out in the same way as when assigning payments by the court.

If payments are determined by the court, then the child support is automatically recalculated. No one needs to take any action. This is controlled by the bailiffs and institutions that sent the writ of execution. Indexing is performed according to the indicator, a multiple of the subsistence minimum.

How often is there a recalculation?

To determine how the cost of living will change is almost impossible, so the periodicity of indexing is not established. This is affected by the frequency of this change. And it is established by the government. Information about these changes is usually printed in the media, online publications and accounting journals.

According to the norms of the law, the indexation of alimony must be carried out after increasing the subsistence minimum in the region of residence. If this indicator is not available, the country value is taken into account. The enterprise, where the payer works, must control payments, increasing them if necessary.

Calculation

The amount of payments is proportional to the increase in the subsistence level. To determine the coefficient to be indexed, it is necessary to establish the ratio of the old indicator to the new one. The result obtained is used to the amount of alimony determined in solid form.

In addition, for indexing you need to know the wording of the court decision. The court determines alimony in a fixed amount on the basis of the subsistence minimum. In the formula there are terms:

• The amount of payments approved by the court;
• The old minimum;
• A new minimum size;
• Date of the new standard.

To determine the amount of alimony after indexing, it is necessary to divide the new minimum into the old one, and then multiply the result by the amount listed before.

How is the indexing performed for the past period?

The law defines the limitation period - 3 years. The funds collected for the past period are also indexed. If the case is found that alimony was not paid due to the defendant, then it is obliged to pay a penalty. It is 0.5% of the amount due for each day.

Payments are indexed for each period, it all depends on what the minimum at that time was. If payments are not indexed due to the lack of regulatory documents, fines are not assigned.

Alimony after 18 years

Chapter 13 of the Criminal Code of the Russian Federation fixes the principles of paying alimony for the provision of children. It states that such payments are made up to 18 years. Previously, cancellation occurs when the child is recognized as legally capable, for example, when marrying, with emancipation.

Alimony to students after 18 years is provided for in exceptional cases. This is recorded in Article 85 of the Criminal Code of the Russian Federation. Payments are continued if the child is enrolled in the school at the full-time department. Alimony is needed if you need financial support. Only automatically after 18 years they are not renewed. In order for the payments to be returned to the content, it is necessary to apply to the court with the appropriate justification.

The amount of assistance can be set in percentage or in a fixed amount. Payments are terminated with the achievement of 23 years or with the termination of training. You can agree on payments without a trial, voluntarily. It is only necessary to draw up an agreement. It is notarized. Alimony after 18 years can not be less than 30% of the subsistence minimum. The amount of payments may increase or decrease, if there is a court decision.

Under Article 85 of the Criminal Code of the Russian Federation, adult children with disabilities are entitled to alimony, therefore, they are paid to disabled children. They need constant care, and because of the disease they can not support themselves. Disability must be recognized officially. You can get help from the parent who cares for the child.

All kinds of alimony payments are subject to indexation, which allows observing the rights and interests of the recipients of funds. They will be enough for a normal life, as revenues must meet modern requirements.