Indexation of maintenance over a period of time: formula, calculation, calculator

Few of the spouses know what method of calculation of maintenance is used in a given case, so let us look at the matter in more detail.

Methods for calculating maintenance

The methods of calculation of maintenance are clearly definedin article 113 of the Family Code of the Russian FederationIn particular, the methods of calculation are as follows:

• Calculation of maintenance based on payer ' s salary;
• Calculation based on the SMIC for a particular region of residence;
• Calculation with voluntary agreement;
• a settlement with the assistance of a judicial authority.

Consider how to calculate each situation separately.

Calculation of salary, maximum

Monthly maintenance payments are made in favour of:

• A minor child (children);
• Children who, for any reason, have been deprived of parental care;
• Children who, for any reason, are unable to work, and despite their age, are in dire need of support.

The calculation of maintenance from the salary in this case is carried out in accordance with article 81 of the Family Code of the Russian Federation and consists of the following:

• Maintenance is 25 per cent of the salary per child;
• For 2 children, maintenance amounts to 33 per cent of the salary;
• 3 or more children support 50 per cent of the salary.

Maximum amount of maintenance based on salary

In the case of monthly wages, the total amount of alimony payments may not exceed 50 per cent.

But there's a little nuance. With the retention of maintenance, the interest may be more than 50% if:

• The payer is serving a sentence of correctional labour;
• The recipient of maintenance is a minor who is receiving tuition on a fee basis;
• Maintenance includes the amount of damage to the child ' s health.

• In such cases, the maximum amount of maintenance may be70 per cent of wages.
• In the case of a maintenance payer who does not perform official work, a methodology for calculating the amount of monthly child support payments may be used.
• In simple terms, the court, relying on the SMIC for a particular region, can set the amount of maintenance equal to the SMIC (i.e. 1).

For example, let's say,The SMIC in Rostov oblast is 8,000 roubles.The Court, after hearing the mother ' s claims for the child, decided that the dite was in dire need of financial assistance.

Consequently, the judge has the right to assign alimony in the amount of one SMIC, i.e.,8,000 roubles per month.

However, if the payer proves that the child ' s mother is spending the wrong money, the court may reduce the maintenance to half the SMIC, and the defendant will pay4,000 per month.

In simple terms, the calculation takes into account:

• The financial position of each party;
• The child ' s need for financial support.

Calculation by voluntary agreement

Under articles 80, 91 and 98 of the Family Code, spouses have the full right to calculate alimony themselves.

It is worth noting that, when signing a voluntary agreement, there is no provision for both a minimum and a maximum amount of alimony payments, and that it is mandatory for each of the parties to understand that, under article 81 of the UK,The amount of maintenance should not be less than the amount that might have been ordered in the court hearing.

Under article 81 of the Russian Federation, there is a clear procedure for calculating maintenance payments, both by the judge and by the spouses themselves.

These are:

• The payment for the first child must not be less than 1/4 of the payer ' s salary;
• The payment for the second child must not be less than 1/3 of the payer ' s salary;
• The payment for the third and subsequent child must not be less than half of the payer ' s salary.

It is also worth noting that the legislation of the Russian Federation allows for the establishment of a fixed monthly maintenance amount, but the contract must include a paragraph which provides for the indexation of the maintenance amount, which is directly dependent on the level of the subsistence minimum.

For example, the spouses agreed that the alimony would bewith a fixed amount of 5,000 roubles per messA few months later, the subsistence minimum increased by 10 per cent, and the fixed amount must therefore be increased by a minimum of 10 per cent (500 roubles) according to their signed contract.

This requirement is clearly stated in article No. 117 of the Family Code of the Russian Federation.

Court calculation

The method of calculating the judge during the trial is more than simple.

If the payer is officially operational, then the calculation system is as follows:

• 1 child will receive no more than 25 per cent of the total income per month of payer;
• 2 The child is entitled to 33 per cent of the payer ' s total income;
• for the third and subsequent child, not more than 50 per cent of the monthly income of the payer.

If the payer is not officially operational, the court may proceed in several ways, namely:

• will assign alimony on the basis of the average wage in the territory of the Russian Federation (at present 24,000 roubles - this is the amount that will be charged for the maintenance);
• Maintenance is calculated in a fixed amount, based on the subsistence minimum of a given region of residence.

Example: The average salary for the country is 24,000 roubles, which means that 25 per cent of this amount will be 6,000 roubles per child.

So far, it's easy to calculate maintenance over the Internet, and it's enough to use an online calculator.

This requires going to the site and using a user-friendly calculator.

• The calculation rules are fairly simple and are as follows:
• Information should be provided on the number of joint minors;
• Please indicate the salary of the maintenance payer;
• Select whether to deduct NPFL from this wage or not (the amount of maintenance is calculated after the NPFL has been deducted);
• Please indicate the amount of additional monthly income (if not, leave 0);
• press the button to calculate and receive the amount of monthly assistance for children (or children).

Such a calculator is very convenient if the spouses decide to calculate the amount on their own, or simply one parent wants to know the amount of maintenance in advance of the court.

The Family Code of the Russian Federation provides for a period of three years during which alimony can be recovered; therefore, in three years of maintenance debts, the amount received is subject to recalculation.

In the event that the payer is a persistent non-payment of maintenance and has deliberately failed to pay it, a penalty of 0.5 per cent for each day of delay may be imposed, as provided for in article No. 115 of the SC of the Russian Federation.

1. The formula used to perform the recalculation shall be:
2. SIA = APM / PM x A,
3. In which,

• SIA - the size of the indexed maintenance;
• PM is the current minimum subsistence level;
• APMs are the size of the last subsistence minimum;
• A, the amount of payments before the indexation was made.

Indexation

• The amount of maintenance in a fixed amount shall be indexed by the percentage by which the subsistence minimum is increased for such categories of citizens:of workers, children and pensionersAt the same time, the minimum subsistence level is chosen solely for the region in which the child lives, as provided for in article 117 of the Family Code;
• The amount of maintenance payments is determined by the court in a fixed amount exactly the same amount as the subsistence minimum or percentage of that figure, in accordance with article 117, paragraph 2, of the UK.

The regulations themselves may be consulted directly in documents such as:

• FSP letter No. 12/01;
• Methodological guidelines approved by the Russian Federation ' s FSP No. 01-16.

Example:

Sergienko A.S. is the father of a minor child and is obliged to pay him maintenance in an amount equal to 1.5 times the subsistence level for the capital.

In one quarter, the minimum subsistence level was 10,200 roubles, with a maintenance rate of 16,300 roubles.

• In the second quarter, the minimum rose slightly to 10 400 roubles.
• The indexing shall then be carried out as follows:
• The initial amount of child benefit / the initial level of subsistence minimum = 1.59;

The amount of maintenance for indexation = 1.59 times the new minimum is 16,600 roubles, which is what Sergienko A.C. must pay now.

Income tax

The most pressing issue is how much of the maintenance payments are calculated directly.

If maintenance is calculated from the payer ' s salary as a percentage of the payer ' s salary,Tax deduction should be implemented in the first placeand after determining the amount of maintenance.

To date, the tax deduction on wages is 13 per cent, which is prescribed in the Federal Act on Enforcement.

It must be understood thatmaintenance is not taxableIn the event that the tax deduction of the bull is incorrect, the amount of maintenance must be reviewed as a matter of necessity.

There are situations in which the employer pays wages without a tax deduction, in which case the amount of maintenance is calculated on the basis of the total amount of the salary.

Example:

The salary of Sidorov ' s employee, R.L., is 40,000 rubles. According to a court order, he must pay maintenance of 25 per cent of his earnings.

1. Wages:: 40,000 rubles;
2. NWFP: 40 000 * 13% = 5 200;
3. Net monthly earnings: 40 000 – 5 200 = 34 800;
4. Amount of maintenance: 34,800 *25% = 8,700 rubles;

Calculation of arrears

Today it is not uncommon to have maintenance debts, which may arise for many reasons:

• As a result of evasion of payments;
• with miscalculation and so on.

If there is a debt, there are several options for calculating it.

The calculation process is very simple:Initial determination of net income after subtraction of NPFLand after that, the number of months for which maintenance was not paid is multiplied.

The second method is based directly onAverage monthly incomeIt is used both for individual entrepreneurs and for those payers who are not officially employed; the calculation procedure itself remains the same.

• Finally, the latter method is based on the region ' s subsistence minimum.
• It is worth noting that the debtNo statute of limitations.
• The video below explains, in an accessible, humorous and very limited manner, the rules for calculating maintenance during the period of unemployment and the manner in which the situation is dealt with.

Maintenance calculator

We all know that only a single father does his duty to a child who, after divorce, lives with his mother and helps him financially to satisfy his needs. If the mother's requests for assistance with a common child do not produce the same result, she is forced to apply to the court to enforce her maintenance. Even if such measures do not always force an unfair parent to perform his duties with the child properly, as a result of all efforts, they do not lead to anything.

Under the Family Code, a maintenance worker is required to pay 25 per cent of his or her earnings, 33 per cent for two, three and more than 50 per cent for one child (article 81 of the Criminal Code), and this scheme is applicable to working fathers.

For those who are temporarily unemployed, the court may establish a firm form of payment based on the level of subsistence minimum in a given region.

I mean, every case is individual, but you can still try to calculate the approximate amount of maintenance if you know your father's income, and you can do it with an online calculator on our website.

Can't you collect the alimony?

• Attention!
  • Most cases of maintenance are highly individual and consist of a very large number of factors.
  • Understanding the legal framework is desirable, but it cannot guarantee a solution specifically to your situation.
  • Therefore, you can check any information from our legal advisers on duty 24 hours a day, free of charge.
  • You can contact them in the following ways:
  • (1) Ask an expert on-line chat or through the form downstairs
  • (2) Or call a 24-hour hotline on the phone:Moscow:St. Petersburg:For other regions:- a call free of charge from anywhere in Russia.

How to calculate child support using a calculator

The online maintenance calculator helps you quickly calculate the amount you can claim after filing a claim with the court to recover the child ' s financial support. If you do not understand how to use the calculator properly, see the calculation manual below.

1. First field: Note the number of common children on which you plan to receive alimony; depending on the number of children, a certain percentage of the parent ' s income will be taken.
2. The next field, Income, fits the father's monthly salary here.
3. The NPFL field should be taken into account in the calculator when total income is stated without tax deduction.
4. The last row is "Expendable Income", which is also indicated if the landlord has other amounts of income, such as renting a dwelling or holding a deposit in a bank for which he receives a monthly interest, i.e. an amount that can be cited as evidence of additional earnings in court.
5. If it's done right, we press "Check" and then the maintenance calculator will give you the correct amount of the payments.

In calculating monthly alimony payments, it is important to know whether the alimonyer has other dependants, such as children from another marriage or disabled parents, as this will have a direct impact on the amount of the retention.

The NPFL (13 per cent of the total) is calculated at the time of calculation as a very important point.

If you are aware of the amount of salary that the ex-husband receives "on hand", it means that he already has a net income based on the tax, so in the NPFL field, no.

And if you know the exact amount of the employer's assessment, without taxing it, then we're gonna put "yes."

Examples of calculation of maintenance using a calculator

You've figured out how to calculate alimony online using a calculator, and now let's give an example with numbers to better understand how it works.

Example 1

After the divorce, two children live with their mother, she wants to pay alimony, the ex-husband gets 35,000 rubles per hand, he doesn't have any other income, so the amount of maintenance will be equal to:

1. In the first field, the number of underage children is "2".
2. The second is the "35 000" salary.
3. Next in the NPFL field, no.
4. The same goes for "no" in the supplementary income section.

Thus, 35,000 *0.33 = 11550 roubles per 2 children.

Example 2

Now it's a more complicated example of calculation. Here, before you enter the data into the calculator, you'll have to make separate calculations. So, after you're divorced, there are two children. The total amount of your father's assessed salary is 49,000 rubles. In addition, he has another child from his first marriage, for which he also pays alimony.

1. Calculate net income: 49,000-13% = 42630 roubles.
2. We take the payment per child from the first marriage: 42630 - 25% = 32000 roubles.
3. Now we're calculating the amount of maintenance for your two children: 32000*33%=10560 rubles.

Example 3

The last example of the calculation will be given for a non-working father and a single dependent minor, and it is very important whether he is on unemployment records or not.

If he has a minimum unemployment benefit, e.g. 7,900 roubles (this figure is different for each region), this amount is credited to the first earnings field.

The State benefit does not compute the tax on profits, so only the number of children is sold and the pressure is "Count." The total is 7,900*0.25% = 1975 rubles.

(3:: Average:..................................................................................................................................5,005. Loading... By pressing "question" I agree with the confidentiality policy and the user agreement.

Indexation of maintenance

Maintenance is an obligation to pay money for certain categories of socially vulnerable citizens, paid by parents living separately from their children and other family members who are obliged to provide security to disabled relatives.

Legal relations are generally long and may require indexation of maintenance (change of amount), which is the case where the amount of maintenance is fixed in a firm monetary amount.

Maintenance is paid by agreement between the parties or the person concerned prepares the claim and goes to the court; if the defendant ' s income is unstable, he or she receives part of the wages in kind, such as products or currency, the court may, after having considered the claim and assessed all the circumstances, order payment of maintenance in a firm amount.

Which is indexation of maintenance

In essence, it is a procedure for increasing the level of maintenance, which is fixed on the basis of the size of the subsistence minimum.

Until 2012, the procedure depended on a change in the minimum wage (SMIC), which is not currently being applied; this is justified because the SMIC has not increased over the past few years, while the subsistence minimum changes every quarter.

The SMIC is just over 5,000 roubles, which does not reflect the real needs of the population; on the other hand, the SMIC does not fall, but only increases, and the subsistence minimum may decrease slightly.

However, the legislature has abandoned the SMIC, which is now rarely found in regulatory instruments.

The subsistence minimum is set in every entity of the Russian Federation and published in the mass media; if it is not established by the local authorities, the figure for the Russian Federation, as specified in the Russian Government ' s decisions, is used for the calculation.

Indexing of maintenance is carried out in accordance with the rules laid down in the Family Code and the Law on Enforcement and the procedure is clearly regulated.

Who's doing the indexing, on what grounds?

The legislation in force specifies the following entities, which are entitled to calculate the new amount of maintenance independently and to carry out the indexation:

• The bailiff, if the executive record is in its production;
• The organization that pays the payer ' s income;
• Court, in certain cases.

Thus, it is the responsibility of the administration of the organization in which the debtor is employed or studying to monitor changes in the subsistence minimum for the population concerned.

The accounting staff of the organization is entitled to calculate the amount of maintenance on their own, if the latter are recovered in a firm amount not exceeding 25,000 roubles; otherwise, it is the prerogative of the court.

The Act stipulates that maintenance is indexed as soon as the subsistence minimum has been changed, and that the amount of the payment by voluntary agreement is also subject to indexation; the procedure is established by agreement or is applied in accordance with the law.

Indexing procedure: How to calculate maintenance in a firm sum

The indexing of maintenance recovered in a firm amount was intended to save time, since it had previously been done only in court, there was no need to write a statement now, and the initiative should come from the above-mentioned persons.

In order to understand how the indexation takes place, one can look at the procedure on a case-by-case basis. According to the law, payments in hard amounts may be recovered with an indication in the operative part of the decision of the court:

• A specific amount;
• A percentage of the minimum subsistence level.

Previously, the courts had also ordered the recovery of maintenance under the SMIC.

In the case where a specific figure is specified in the decision, the following formula shall be applied:

• A = (B/B) * G, where
• A = the calculated amount of the payments;
• B - Retrieved payments in a firm amount of money;
• B is the old minimum subsistence level;
• G is a new value.

If the retention of 9,000 roubles has been recovered and the subsistence minimum (hereinafter referred to as PM) has changed, 7,626 roubles in the second quarter and 7,808 roubles in the third quarter, the indexation is as follows: (7,626,7 808) * 9,000 = 8,790 roubles.

If alimony is recovered as part of the subsistence minimum, the indexation shall be based on the formula:

1. A = B * B, where
2. A is the amount of maintenance;
3. B is the size of the PM;
4. B is the fraction, the chord to PM, as stated in the judgement.

We'll take the same PM and 1.5 times the multiple payment, so in the second quarter the payment will be 7,626 * 1.5 = 11,439 rubles, and in the third quarter it will be 7,808 * 1.5 = 11,712 rubles.

Calculation and indexation of maintenance over the past period

As a general rule, if the performance sheet has not been presented to compel the debtor to perform an obligation to the Division of the Conservatory Service, the payments shall be calculated over a period of three years.

There are exceptions to the rule: if the debtor has failed to comply with the judgement, the period is not applied, the debt is recovered over the entire period and the amount of the payments is increased by the amount of the penalty; arrears over the period are determined by the indexation rules.

There is no need to file an application with the court in this case, and the count is recalculated by the bailiff.

Consider the exampleThe judgement was handed down on 1 March 2018, and 1.5 per cent of the minimum subsistence level has been paid, and the executive list is not due until January 2023; the arrears for the period from March to December 2018 should be calculated.

Children ' s minimum of living in 2018

PM period, rubles

1 quarter of 2018	10 390
2 quarter of 2018	10 390
3 quarter 2018	10 390
4th quarter 2018	10 390

Calculation of arrears

PM period, ruble Dol by court decision Aum of arrears per month

March 2018	10390	1,5	12468
April 2018	10390	1,5	12468
May 2018	10390	1,5	12468
June 2018	10390	1,5	12468
July 2018	10390	1,5	12468
August 2018	10390	1,5	12468
September 2018	10390	1,5	12468
October 2018	10390	1,5	12468
November 2018	10390	1,5	12468
December 2018	10390	1,5	12468

The total amount owed was 124,680 roubles.

The calculation and determination of the maintenance debt need to be distinguished from the situation in which the person concerned did not apply for maintenance to the court, i.e. there was no judgement and no payment agreement; this procedure is usually referred to as the recovery of payments for the previous period, in which case the claimant must apply to the court where the claim is made; he is entitled not only to the recovery of the maintenance from the time of the application but also to alimony from the previous period of three years.

If there is a decision to recover a firm sum of money and the indexation is provided for in the SMIC and the bailiff refuses to make a recalculation, an application may be made to the court bailiff ' s office for a change in the order of the indexation.

Although this is not provided for by law, it is the duty of the bailiff to apply the new regulations on his own.

But an appeal against inaction may take a considerable time, it will be necessary to take part in a court hearing, and this may complicate the relationship.

Another solution is an application to the court for a change in the manner in which the court ' s decision is executed; the court will make a determination and replace the SMIC with a minimum subsistence level; such an application will be dealt with quickly and there will be no problem in clarifying the decision; and an application may be made to hear the case without the participation of the applicant.

Upload claim for maintenance indexation

Upload claim for maintenance indexation

Indexation of maintenance – How maintenance is indexed

There is a particular need for maintenance indexing during difficult economic periods, when prices may rise rapidly, but also income levels may fall.

The official inflation rate, which has not been as high in recent years as in the past, is generally taken into account; according to unofficial data, inflation is much higher, but there are many conflicting views on this issue.

In accordance with current legislative initiatives, maintenance indexation is carried out by the following competent persons:

• A bailiff who, at the request of a second parent, may initiate an indexation procedure, but only if there is a formal request for the commencement of the process;
• The accounting authority, which is responsible for the calculation and payment of the maintenance payer ' s salary.

Having received information on changes in the subsistence minimum, the accounting profession specifies whether this applies to citizens who, under the maintenance agreement, provide material assistance to their children.

It is worth noting that the State does not set a time limit for the modification of payments; the indexation can be carried out both once (in a few years) and every time the subsistence minimum changes in the country.

Accounting can be indexed independently when the deduction does not exceed 25,000 roubles; if the deduction is significantly higher, the maintenance indexing will be carried out with the assistance of bailiffs.

This is why, when faced with alimony payers, the accounting profession needs to closely monitor the evolution of the situation at both the State and regional levels.

Indexation is the periodic recalculation of maintenance ordered by a court or a parental agreement in the form of a fixed monetary amount.

As you know, alimony can be appointed...

1. As a percentage of parents ' income.
2. In the form of a fixed sum of money, a multiple of the subsistence minimum.

Thus, indexing is a method provided by law (under art. 117) to protect income (including child support payments) from inflation-related losses.

Maintenance indexation can be performed...

1. An official (usually an accountant) of an enterprise, institution, organization that calculates, withholds and pays maintenance from the payer's income.
2. The bailiff who conducts the execution proceedings for the recovery of maintenance from the payer ' s income.

It is mandatory for the bailiff to order the indexation of maintenance and for the management of the enterprise, institutions, organizations to issue an order or order.

When There Is a Need

If alimony is established as a percentage of the payer ' s income, the change in the amount of interest is only judicially possible if circumstances exist; the indexing will take place when the alimony is fixed.

So far, the maintenance provided in the solid amount of money is in fact tied to the subsistence level, so the law has established that, in the event of a change in the subsistence minimum, the amount of the payments must also be changed.

Disbursements should be indexed whenever the regional subsistence level is changing, but unfortunately this is not always done in a timely manner.

There are still no uniform legal rules governing the adjustment of the amount of maintenance obligations; therefore, the persons involved in this procedure are guided by the UK of the Russian Federation and the Law on Enforcement Proceedings.

The maintenance index is not the same as the increase in maintenance, although it essentially implies an increase in the amount of maintenance paid to the payee. The difference between these two concepts is the basis and the procedure for application.

Grounds

Article 117 of the Family Code of the Russian Federation is the basis for the indexation of maintenance, and it is clear from this article that only those alimonys that have been collected by the court in a firm sum of money are subject to the indexation.

Only those alimonys that have been recovered in a firm amount of money are subject to indexation.

What are the grounds for this procedure? Based on the text of article 117 of the Family Code of the Russian Federation already mentioned, maintenance in a firm amount of money is recovered by multiples of the subsistence minimum that is set in the region of residence of the recipient.

If the amount of the subsistence minimum is not established by law in the region of residence of the recipient, the calculation of maintenance shall be based on the amount of the subsistence minimum for the relevant category of the population established at the federal level.

The minimum subsistence level is determined quarterly.

There is not yet a single law in the Russian Federation that defines the procedure for carrying out indexation, starting with governmental decisions and completing the recalculation of maintenance in each particular case.

The entire income indexing process is therefore regulated by article 117 of the Family Code of the Russian Federation and article 102 of the FZ on executive production.

The above-mentioned provisions of the law have recently been amended.

In 2017, FL No. 321 was adopted, which made it possible to speed up and simplify the maintenance indexing process; since then, indexation is possible not only by bailiffs, but also by organizations, enterprises, institutions that directly calculate and retain alimony from the income (wage, pensions, scholarships, social benefits) of the alimonyer.

It does not matter who submitted an executive document for the recovery of maintenance in a fixed amount – the court, the bailiff, the payer, or the maintenance payer.

Who Implements

Not every party to the maintenance obligation has the right to review the amount of the payments; the procedure has been established by law and is enshrined in the Enforcement Proceedings Act; this legal act contains a list of the persons who are entitled to carry out the indexation.

They include:

• The bailiff who's in charge of the maintenance case.
• Accounting department of the organization in which the payer works (if alimony is recovered through the employer).

These entities themselves calculate and determine how and to which extent maintenance must be changed. If alimony is recovered through the employer, an order must be issued after the indexation, indicating the need to modify and justify the fact.

Indexation of maintenance in hard cash and in other cases

Maintenance obligations refer to money paid by one of the parents to a minor child, which is intended to provide for the child ' s material maintenance and needs.

Maintenance obligations are long-term; for example, maintenance payments occur before the child reaches the age of majority, or, in some cases, payments may continue to be made.

If a maintenance agreement is concluded between the child ' s parents, it will necessarily contain a firm monetary sum, which one of the parents will be obliged to pay in accordance with the agreement.

It is only natural that the economic situation in the country as a whole and in the regions may change over time, such as inflationary processes and cost-of-living increases, as a result of which the previously established amount of maintenance is insufficient to meet the needs of the child, and therefore the State envisages such a process as maintenance indexation in such a situation.

Model

Until 2011, maintenance indexation was tied to the minimum wage, but with the introduction of new reforms, it began to be applied to the subsistence minimum; at present, the features and nuances of the indexing procedure are being carried out in our country in accordance with article 105 of the UK.

The maintenance index may be carried out both at the initiative of the accounting profession, which pays the payer, and at the request of the beneficiary of the maintenance, if he considers it necessary to apply to the court for a review of the monthly payments.

1.

When the value of the subsistence minimum is increased, the judicial officer in the context of the executive proceedings or the organization or other person to whom an executive document (copy of the executive document) is sent in the cases established by article 9, paragraph 1, and article 47, paragraph 8, of this Federal Act, shall index maintenance recovered in a firm monetary amount in proportion to the increase in the amount of the subsistence minimum for the relevant social and demographic group of the population established in the relevant entity of the Russian Federation at the place of residence of the person receiving maintenance, and in the absence in the relevant entity of the Russian Federation of the said amount in proportion to the increase in the amount of the subsistence minimum for the relevant social and demographic group of the population established in the Russian Federation as a whole.

Model and application form for maintenance indexation

The maintenance index represents an increase in the amount of payments due to the increase in the value of the subsistence minimum for certain groups of citizens and is regulated by article 117 of the Criminal Code.

The purpose of indexation is to protect the rights of the child in the event of inflation and price increases.

When maintenance is indexed

In a situation where the state reduces the subsistence minimum, which is also acceptable, maintenance is not reviewed and remains the same.

Please also read about changes in the amount of maintenance in this article.

The amount of maintenance in the Russian Federation is closely linked to the subsistence minimum, so that when it increases it will be indexed.

Under the law, the value of the subsistence minimum may not be changed more than once a quarter, and the proportion of the minimum increase will also increase the amount of monthly payments for the "approach".

It is worth noting that the subsistence minimum may vary in each region of the country, so indexation depends on the increase in the minimum in the region in which the payer works.

The indexation procedure can only be applied to maintenance in a fixed sum of money, i.e. the specific figure that the payer must give monthly to the recipient or part of the subsistence minimum; for maintenance calculated as a certain percentage of the payer ' s earnings, there is no indexation; this is due to the fact that, in general, when the subsistence minimum increases, citizens ' average earnings are also increased.

Who's doing the indexing

In accordance with the regulations, the calculation of maintenance indexation may be carried out by:

• Judicial bailiffs;
• Accountant of the organization in which the maintenance payer works.

If the payer is a student, the indexation can be performed by the accountant of the educational institution that pays him a scholarship. By the way, under what conditions a student can claim maintenance for studies after 18 years of age - read on our website https://divorceinfo.ru/2439-kak-vyplachivutsya-alimenty-na-obuchenie-plus-18-let

The bailiffs shall re-calculate as follows:

• The department receives an official document to increase the subsistence level (from the city administration or the local social protection authorities);
• Proportional increases, bailiffs recalculate the amount of maintenance;
• They give the payer a new executive list, informing him of the changes that have been made.

In the case of indexation of maintenance in a firm amount of money by the accountant, he recalculates once he has received the performance sheet from the bailiffs, with an order to do so.

Examples of calculations and indexation statement

In order to calculate the indexation correctly, it is necessary to determine whether maintenance obligations are tied to the subsistence minimum, a link that can be made both by the court and by mutual consent of the parents in the maintenance agreement.

Indexation of maintenance in hard cash amount: calculations, examples

In accordance with the provisions of the UK, an employer who withholds maintenance from an employee ' s salary is obliged to index the amount of maintenance in accordance with the established procedure; in the article, we will examine how maintenance is indexed in a firm monetary amount on the basis of the performance sheet and in accordance with the voluntary agreement, as well as examples of the calculation of maintenance indexation.

Maintenance indexation procedure

In accordance with articles 47 and 105 of the Code of Criminal Procedure, an employer who withholds maintenance from an employee ' s income is obliged to index the amount of maintenance in accordance with the procedure established by the Family Code.

Up to 2012, maintenance was indexed to the increase in the SMIC. Since 2012, employers have been required to index maintenance on the basis of the subsistence minimum in force in the relevant entity of the Russian Federation.

Contrary to differing views, the maintenance indexation procedure does not imply that the amount of penalty under the performance sheet/voluntary agreement should be raised to the level of the subsistence minimum.

In accordance with the procedure, maintenance is indexed by an increase in the subsistence minimum in proportion to the amount of the increase.

This means that alimony is indexed, including when the amount of recovery is higher than the subsistence minimum.

When maintenance needs to be indexed

There is no legal time limit for the employer to carry out maintenance indexation.

Employers who make retention on the basis of an executive record obtained from a bailiff are obliged to index maintenance to article 117 of the Code of Criminal Procedure. With regard to the period of indexation, it has been decided to make an adjustment to the amount of maintenance within a month after the approval of the updated subsistence minimum for the current reporting period.

In the recovery of maintenance under a voluntary agreement, the employer should be guided in the question of indexation by the SC 105, according to which:

• The procedure and duration of the indexation are provided for in the terms of the voluntary agreement;
• If the agreement does not contain the conditions of indexation, the employer shall adjust the amount of maintenance to article 117 of the Russian Federation.

Consider an example.S.D. Szkelkin pays alimony on the basis of a voluntary agreement that:

• The monthly amount of the payment is 5,303 rubles;
• Maintenance is indexed annually on the basis of an increase in consumer prices on 1 January of the reporting year.

Since the voluntary agreement contains specific conditions for indexing payments, the employer of Shchelkin is obliged to adjust the amount of the penalties annually to the level of inflation, regardless of the level of subsistence minimum.

Need to index alimony recovered as a percentage of salary

The need to index maintenance held as a percentage of income is the subject of hot disputes between debtors and recoverrs.

Based on the provisions of the UK of the Russian Federation, it can be said with certainty that the employer is obliged to index maintenance only when the recovery is made in a firm monetary amount.

In the case of retention of maintenance as a percentage of income (both on the basis of the performance sheet and in accordance with the voluntary agreement), there is no indexation of payments.

This is explained by the fact that when an employee is paid remuneration, the employer, in accordance with the requirements of the labour law, will index the payments in line with the increase in consumer prices.

Since alimony is calculated as a percentage of the salary that has already been indexed, it is not necessary to further index retention.

Read also article, "The maximum amount of retention on the execution sheet".

Indexing maintenance in hard cash amount: step-by-step instruction

The following is an action algorithm that will assist the accountant in indexing maintenance held on the basis of the performance sheet or in accordance with the voluntary agreement:

Step 1: Determination of the basis for indexation

The first step in the indexing procedure is to determine the basis to which the retention is made and, therefore, to be indexed.

If the employer holds alimony on the basis of a voluntary agreement, the calculation of the amount of indexation should be in accordance with the terms of the agreement; for example, the contract may include:

• Monthly/annual indexation in line with inflation;
• A fixed indexation (e.g. a quarterly increase of 1 per cent);
• Increase in maintenance by a fixed amount (e.g. by 1,000 roubles annually).

In the event that maintenance is withheld on the basis of the performance sheet, the employer is obliged to index the payments in proportion to the increase in the region ' s subsistence minimum, in accordance with article 117 of the UK.

The above procedure also applies in the case of retention of maintenance on the basis of a voluntary agreement, provided that the contract does not contain an individual indexation procedure or provides for indexation in accordance with article 117 of the UK.

Step 2: Calculation of the sum of indexation

• In calculating the amount of indexation on the basis of an executive sheet (article 117 of the Russian Federation), the employer should use the formula:
• Maintenanceindex = Projminnov / Projminst * Maintenances,
• where maintenance is the amount of maintenance after indexation; Projminnov is the subsistence minimum of the current period; Projminst is the subsistence minimum of the previous period; and maintenance is the amount of maintenance before indexation.
• If indexation is based on voluntary agreement, the amount of the adjustment must be calculated in accordance with the terms of the contract.
• Note that regardless of the reasons for the indexing, the accountant should record the calculation of the adjustments to the retention monies by preparing the accounting statement.

Step 3: Retention of maintenance after indexation

Once the indexing amount has been calculated, the accountant is entitled to retain alimony from the staff member ' s income in a new amount.

The period for the recovery of maintenance in an increased amount (taking into account indexation) is determined in the following order:

1. If maintenance is recovered on the basis of the performance sheet, starting from the month in which the new subsistence minimum is adopted, for example, if the accountant has re-calculated the maintenance according to the subsistence minimum by 2 square kilometres in 2023, the maintenance in the new (increased) amount must be deducted from the payer's income starting in April 2023.
2. If the retention is made on the basis of a voluntary agreement, the employer is obliged to pay alimony to the payer in a new amount (taking into account indexation) within the time frame provided for in the agreement.

If maintenance is indexed in the month following the month of entry into force of the new subsistence minimum, the employer is obliged to recalculate the payments for the previous reporting period and to pay the recipient the difference between the new and the old amount of the penalty.

Also read the article "Can maintenance be retained from material assistance?"

Calculation of the indexation of maintenance on the performance sheet

To illustrate the procedure for indexing maintenance on the performance sheet, consider an example.

Rebróv S.D. (Rsnosdar) staff member of the OS "Ossort" pays alimony for a minor child on the basis of an executive list of 4.560 roubles/mix.

On the basis of article 117 of the Russian Federation, the accountant of the OS "Operate" is required to index maintenance on a quarterly basis in proportion to the increase in the subsistence minimum.

Calculate the amount of maintenance that Rebróv is required to pay on a monthly basis from 01.01.2022:

9.647 roubles / 9.486 roubles * 4.560 roubles = 4.637.39 roubles.