Recalculation of alimony for the past period, application for recalculation of alimony to bailiffs (sample) 2023

In practice, there are often disputes regarding the payment of maintenance to children. This is the main reason for turning to bailiffs or going to court. The law regulates the possibility of recalculating alimony and debt, if there are significant grounds.

When is the recalculation made?

Usually, alimony payments for the past period are recalculated through the court. According to the law, this can be done within a maximum of three years.

Sometimes the amount established by the court is not enough to support the offspring. If there are compelling reasons to increase the amount of maintenance, the recipient has the right to apply to the court with a request to change the amounts and recalculate the alimony debt.

Often, maintenance in a fixed amount is established as a subsistence minimum. If the resolution states that when this indicator changes, the amount of maintenance should be indexed, this is done by the accounting department or the bailiff.

Accordingly, there is no need to additionally apply to the court.

Therefore, the percentage content cannot be less than a certain minimum. If this happens, the accounting department is obliged to recalculate and pay additional alimony to the recipient.

There are situations when it is necessary to recalculate the content size for the following reasons:

• Change in the financial situation of one of the parties.
• Appearance of other dependents.
• Information has appeared about unaccounted income of the payer.
• Other noteworthy circumstances.

If the writ of execution is received by the enterprise with a delay, the accounting department also recalculates alimony for lost time and pays the debt to the recipient.

The child support payer is not always employed. During the period of absence from a place of work, the bailiff calculates the amount of the debt and indicates in the decree for recovery from wages at the place of new employment.

Who performs the recalculation

To issue a recalculation, the accountant and bailiff must have a judge’s decision to collect the amount of the debt. When underpayment of alimony arose due to the fault of the accounting department or due to the lack of a place of employment for the payer, you can rely on the current resolution.

Sample application for recalculation of alimony to a bailiff

If the recount is refused

In practice, authorized persons do not always recalculate on time. Usually, this concerns the indexation of the amount of alimony. It turns out that children's rights are being violated. If obligations are not fulfilled, the payer has the right to submit an application for indexation to the bailiff.

If he is inactive, you can contact the senior bailiff. The final authority to resolve the issue is sometimes the court. The judge, based on the application of the alimony recipient, will make a decision to carry out indexation from a certain date.

Based on this document, the accounting department is obliged to recalculate.

The recipient of alimony also has the right to submit an application to the judge for a recalculation of alimony for the past period.

How to draw up and submit an application for recalculation to the court

Usually, the recipient of alimony maintenance goes to court. To do this, a package of documentation is collected and submitted to the magistrate’s court at the place of residence of one of the parties.

A sample application for recalculation of alimony to a magistrate must contain the following information:

• name of the court;
• data of the parties;
• number, date and essence of the current resolution;
• reasons for recalculation;
• timing of recalculation;
• list of attached documentation.

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• A sample application to the court can be downloaded here

The document must necessarily contain references to legislation. Therefore, many applicants use the services of legally literate people. The sample application also contains a request with a detailed description of the circumstances of the case with links to the attached papers. The request must include information about the previous and new conditions for payment of alimony.

The following documents must be included with the application:

• identification;
• birth certificate of offspring;
• certificate of marriage and its dissolution or certificate of paternity;
• a valid court decision;
• documents indicating a change in financial situation;
• duty payment receipt.

All certificates and applications are submitted to the judge in originals and photocopies. Documents such as certificates and passports remain in the hands of the applicant; only photocopies are submitted to the court. Copies are made in the amount of three pieces:

1. the applicant,
2. to the defendant;
3. judge.

It is recommended to submit documents to the court in person. This will help avoid running around and significantly speed up the start of the process.

When considering a case, the judge takes into account the following indicators:

1. the amount of income of the payer;
2. the ratio of alimony to earnings;
3. shares of income for all alimony recipients.

The law establishes a limitation period for collection equal to three years from the date of filing the claim. The child's turning eighteen years old is not a basis for applying the statute of limitations. Debt until adulthood is paid within exactly three years. If necessary, recalculation is carried out.

Important! The statute of limitations applies specifically to filing a claim. If alimony has already been awarded and the payer does not work and therefore does not pay it, the bailiff independently recalculates it, based on the average salary in Russia.

Recalculation in favor of the payer

The main thing is to clearly indicate the reasons for the recalculation:

• presence of other dependents;
• deterioration of financial situation;
• poor health;

This list is not exhaustive. It is important to attach documentary evidence to your application. Judges are reluctant to reduce the amount of child support, as this infringes on the interests of children. Therefore, strong arguments will have to be made. It is better if there are several reasons for applying at once. Then there will be more chances for a recount.

After a decision is made on the application, the defendant has ten days to appeal it. If this does not happen, the resolution comes into force and is submitted for execution. When recalculation is carried out, alimony arrears usually appear, which cannot always be collected immediately. The maximum percentage of deductions for alimony together with the debt from wages is seventy percent.

Still have questions? Consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

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Recalculation of alimony for the past period: procedure, sample application to the bailiff

Alimony obligations and issues related to them are among the most problematic in the practice of bailiffs. To avoid additional disputes, the legislator regulates in detail the procedure for accrual, release and termination of financial support for disabled loved ones. Let's take a closer look at how to initiate recalculation of alimony payments for the past period.

Is it possible to recalculate alimony?

The obligation to support relatives who cannot provide for themselves financially arises for able-bodied citizens on the basis of the law. In the absence of initiative on the part of the potential payer, the recipient can independently initiate collection.

The law provides for the following types of collection of funds:

• through the court;
• by agreement of the parties.

If there is an agreement between the parties, obligations regarding material support must be fulfilled voluntarily. If the alimony payer or recipient does not comply with the terms of the document, then it can be sent to the FSSP for enforcement.

A court decision (writ of execution or court order) is transferred to the FSSP at the request of the recipient. Collection activities, according to the document, begin from the moment of initiation of enforcement proceedings.

Important! Recalculation of material security is possible only if the document is submitted for forced execution to the BSC.

Recalculation is carried out in the following ways:

How to apply for recalculation of alimony?

The law does not provide for automatic recalculation of financial support for a disabled or minor relative. Recalculation is initiated by one of the parties.

In enforcement proceedings

The basis for initiating proceedings for the forced collection of funds is a writ of execution. In this capacity, the following are used: a court decision or a notarial agreement.

The document contains the start date of payments. As a general rule, in relation to a court decision, this date is the day the application is filed with the court. The notarial agreement independently establishes the moment when payments begin.

In some cases, it is possible to recover financial support for the previous period. Funds can be withheld up to three years before the date of filing the application with the court.

The responsibility for calculating payments for the entire period of debt rests with the FSSP. If a citizen cannot pay off the accrued debt at once, then he develops a debt.

The bailiff must periodically (quarterly) recalculate the debt and collect it forcibly. The following are used as recovery measures:

1. Withholding up to 70% of wages. First of all, current payments are satisfied, the rest of the amount goes to repay the debt.
2. Seizure of the debtor's property. The bailiff sets a month for the citizen to repay the debt. Otherwise, the property is seized and sold.
3. Seizure of a bank account. If there is a sufficient amount of funds in the citizen’s accounts, they will be written off in favor of the recipient at a time. Otherwise, all money received into the account will be transferred to the recipient until the debt is repaid.

Important! Recalculation activities are the responsibility of the bailiff. In addition, the recipient has the right to submit an application for recalculation of alimony to the bailiffs.

As a result of the recalculation, a resolution is issued indicating the new amount of debt. Based on the resolution, the bailiff can issue a certificate of the amount of the debt if the recipient wishes to collect a penalty from the alimony provider.

In addition, the applicant may request an extraordinary recalculation of the debt. The requirement is popular when going to court. Since the statement of claim must be based on current information.

Application for recalculation of alimony to bailiffs (sample)

An application for recalculation of alimony to bailiffs can be filed by both the recipient and the debtor. A certificate about the amount of debt may be needed for a claim for the recovery of a penalty or for an application for cancellation or reduction of the amount of debt.

In addition, a popular reason for filing an application for recalculation of alimony debt is an error in the bailiff’s calculations. Since the calculation is not carried out automatically, the human factor cannot be excluded.

Sample application to the bailiff for recalculation of alimony:

1. The document is drawn up in the name of the bailiff, who is in charge of the execution of the proceeding for the collection of funds. The application indicates the name of the FSSP department, its position and full name.
2. The applicant provides personal information, residential address, and passport information.
3. You must specify the name of the document.
4. Information about enforcement proceedings. It includes details of the document on initiation of proceedings.
5. The procedure and amount of collection of funds (for example, 33% of all types of income).
6. Information about the reasons for recalculation (the amount of the calculated debt does not correspond to the actual one).
7. Data on payments made (if the difference in amounts was due to payments about which the bailiff was not notified).
8. Information about the impossibility of re-collecting paid funds.
9. Requirements for the FSSP (recalculate, report the results).
10. Description of the application.
11. Date and signature.

A sample application for recalculation of alimony debt cannot be obtained from the FSSP. Therefore, the applicant can contact a lawyer to competently draft the petition.

The document is drawn up in two copies. One is sent to the FSSP office, the second must be signed by a specialist. The bailiff or secretary must put the date of receipt, stamp and signature on the document.

The document is subject to review within 1 month from the date of application. The result can be delivered in person, by mail or by email. Receiving an electronic version does not deprive the applicant of the opportunity to receive a paper original.

An application for recalculation of alimony debt can be downloaded here

In litigation

An appeal to the court is necessary if the amount calculated by the bailiff significantly violates the legitimate interests of the recipient of the funds or the alimony. That is, it is unreasonably underestimated or overestimated.

Statement of claim for recalculation of alimony:

1. The document is issued in the name of the magistrate. In addition, it is necessary to indicate the name of the court site.
2. The applicant indicates personal data, address, civil passport details and contact telephone number.
3. Similar information is indicated about the defendant. The debtor is indicated in this capacity.
4. The price of the claim is established. The amount is calculated based on the estimated amount of unaccounted debt.
5. Title of the statement.
6. Information on the grounds for collecting financial support (details of the court decision, the assigned payment amount, data of the recipient, data of the child).
7. Period and reasons for debt formation.
8. The amount calculated by the bailiff (details of the resolution).
9. Reasons why the applicant disagrees with the calculated debt (details of evidence documents).
10. Your own version of debt calculation is given.
11. Claims (change the amount of debt).
12. Description of the application.
13. Date and signature.

The statement of claim for recalculation of alimony debt can be downloaded here

The application must be:

• copies of the application;
• a copy of the applicant's civil passport;
• a copy of the court decision on the collection of financial security;
• a copy of the resolution on debt calculation;
• certificate of income of the payer;
• checks, receipts and other documents on which the recalculation request is based.

Important! The applicant has the right to hold the bailiff accountable for improper performance of duties. To do this, you must submit an application addressed to the head of the district department of the FSSP.

In addition, the interested party may go to court to challenge the decision on debt calculation. A period of 10 days is set for this.

An application to challenge the actions of the bailiff can be downloaded here

How is child support recalculated for the past period?

When submitting an application for recalculation of alimony (sample above), a citizen must determine the procedure for calculating the debt. The law establishes the following options:

• in the form of a fixed amount;
• as a percentage of all types of income of the alimony provider.

If the procedure is not determined by the applicant, then the method established by the executive document is applied.

In a fixed amount of money

The procedure for recalculating alimony for the past period is provided for by the norms of family law. If the payment is set as a fixed amount, then it is subject to regular indexation.

The amount of indexation depends on the increase in the cost of living established in the region for minors. If a subject of the Russian Federation does not establish such an indicator, then the bailiff should focus on the average cost of living in the Russian Federation.

The absence of regular indexation will lead to a decrease in the purchasing power of material support for a disabled person, which violates his legitimate interests.

As a percentage of earnings

Another recalculation option is recalculation as a percentage of all types of income of the alimony provider. This possibility is provided for in Art. 113 RF IC.

The recipient provides the accounting department of the employing enterprise or the FSSP with a certificate of the payer’s income for the previous period. The basis for recalculation is the lack of indexation of the defendant’s wages.

If the cost of living was increased, but the amount of earnings remained the same, then the employer is obliged to index the salary. As a result, the level of income increases, as a result of which the size of the payment will also increase.

During the period of time when the payer did not have official employment, recalculation is made based on the average earnings in the Russian Federation.

The responsibility for conducting the recount rests with the bailiff. If the specialist does not take measures to fulfill his duties, recalculation is initiated by the recipient.

Violations in calculations are appealed in court.

Calculation of alimony debt for the past period

Recalculation of alimony for the past period is carried out on the grounds provided for in Art. 114, 117 and 119 RF IC. The initiator can be the recipient or the alimony obligee, depending on the situation. The procedure is carried out by a bailiff or an accountant at the payer’s place of work, depending on the situation.

Legislation

Recalculation of alimony payments is made on the grounds specified in the RF IC. To reduce the amount of debt or exemption from payment, the provisions of Art. 114, indicating that this is possible for good reasons:

• poor financial situation;
• long-term illness;
• being in the army, as a result of which alimony debt has accumulated;
• caring for a seriously ill close relative;
• presence of other dependents.

Important! The amount of the penalty is 0.1% of the debt amount for each day of delay. In case of prolonged non-payment, the amount of the debt reaches hundreds of thousands of rubles, therefore, those obligated for alimony who have valid reasons can reduce the amount in court or by agreement of the parties. Debt cancellation is possible.

The review of alimony is also carried out on the basis of Art. 117 RF IC – indexation. It is carried out quarterly after updating the level of living wage in the region.

• The obligation to index alimony rests with the accountant at the payer’s place of employment.
• If the person liable for alimony is registered as unemployed, the indexation is carried out by the accountant of the Employment Center.
• When receiving a pension or other government benefits, the review of payments is assigned to the Pension Fund accountant.
• In other cases, indexing is performed by a bailiff. The cost of living level is used as the basis.

Based on Art. 119 of the RF IC, it is possible to reduce or increase alimony. The procedure is carried out exclusively through the court or by voluntary agreement. In the first case, the IL is provided to the bailiffs or accountant, but payments for past periods are not recalculated. Alimony is established in the amount specified in the writ of execution.

Why is it necessary to recalculate alimony payments for the past period?

The basis for debt recalculation is the poor financial situation of the payer or the initiative of the recipient. There may also be other reasons:

• change in the financial situation of the parties; relevant for recalculation for past periods;
• changes in the cost of living;
• early repayment of debt.

Recalculation at the initiative of the payer in order to reduce debt

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There are several situations when recalculation may be required at the request of the alimony obligee:

• Incorrect calculation by the bailiff. To do this, you need to contact the FSSP with an application and documents confirming the error. The method is relevant if part of the money was transferred by bank transfer, and the rest was handed over to the recipient and there are receipts for receipt. If this is not done, debt will accumulate in the amount of missing amounts, but actually paid.
• Change of job. The bailiff may not know about this, and alimony will continue to be calculated at the same amount.
• Registration with the Employment Center. Before registering as unemployed, alimony is calculated based on the average earnings in the country. After registration, the man must submit an application to recover payments from unemployment benefits in order to reduce their amount. If this is not done, you will have to pay the same amounts, and recalculation will be required in the future.

This is also important to know: Until what age is child support paid?

The reason may also be a sharp deterioration in financial situation. Dismissal at one's own request is not a basis for reducing the amount of alimony, which cannot be said about a reduction in staff: in this case, the payer has the right to apply for a reduction in charges by submitting supporting documents to the bailiff.

Recalculation at the initiative of the recipient to receive a penalty

The reasons for the recipient to submit an application for recalculation are:

• Failure to pay child support in full. For example, if the alimony obligee transferred part of the payments through the bank, and promised to give part in cash, but did not fulfill the promise. The penalty is recovered in the amount of the underpaid amount.
• Indexing. Despite the fact that the bailiff must index payments independently, this requirement is often not observed.
• Collection of alimony for the past period. If the amount of the penalty exceeds the amount specified in the collection order, a repeated recalculation is made.

Important! If the alimony payer fulfilled its obligations in good faith and timely transferred funds to support the child in full, the recipient does not have the right to claim an upward recalculation for the past period, even if the financial situation worsens.

Indexation of alimony

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Indexation is carried out to stabilize the material well-being of citizens in accordance with the level of the cost of living and the growth of consumer prices. Alimony payments are also indexed, and the PM is taken for calculation.

Since May 2018, the monthly wage and minimum wage have been equalized and amount to 11,163 rubles. If payments were previously assigned in accordance with the minimum wage, the PM is subsequently used for indexation.

• For recalculation the formula is used:
• PM/PM2 x A
• Where PM is the new minimum amount for living, PM2 is the old one, A is alimony payments before indexation.

For example:

In March, the PM is 10,000 rubles, in April it is increased to 10,500 rubles. RUB 8,000 is paid per child.

10,500 / 10,000 = 1.05 – PM growth index.

8,000 x 1.05 = 8,400 rub. – new payment amount.

Who does the recalculation?

There are several options depending on the situation:

• The IL is submitted to the accounting department at the payer’s place of employment. The accountant must recalculate payments independently, but the claimant can submit an application.
• IL is with the bailiff. He is the one who does the recalculation.
• The IL was brought to the Employment Center or Pension Fund. Indexation is carried out by accountants of these organizations.

This is also important to know: How to terminate an alimony agreement?

If there is an alimony agreement, indexation features may be included in its terms. In the absence of these, the provisions of Art. 117 of the RF IC and recalculation is carried out on a general basis.

The agreement is equivalent to IL and can be submitted to the accounting department for automatic deductions. When paying voluntarily, alimony is indexed by the payer independently.

How to recalculate alimony?

To calculate alimony and arrears, several steps are performed:

1. The payment amounts are added up according to the number of months of non-payment. If payments are set as a share of the salary, 25% is transferred for one child, 33% for two, 50% for three or more. Alimony in a fixed amount is established depending on the PM.
2. If the payer does not work, the average salary in the country is used for calculation.
3. The resulting amount is multiplied by 0.1%. The result is a penalty for 1 day of delay.
4. The penalty is multiplied by the number of days of delay.
5. As a result, the principal amount of alimony and the penalty are subject to addition.

If the initiator of the recalculation is the alimony obligee who wants to reduce payments, documentary evidence of valid reasons is provided.

Procedure for recalculating alimony

The first step is to independently recalculate payments to find the error of the bailiff who calculated them, or to collect evidence of good reasons for reducing the penalty.

The next steps look like this:

1. The application is submitted to the bailiff. If there is an unfounded refusal to recalculate, the actions of the bailiff are challenged through the court or the head of the FSSP.
2. After the procedure, the applicant receives a decision on recalculation. Copies are also sent to the persons responsible for calculating alimony.

The reason for refusal to recalculate may be the lack of grounds, therefore, before applying to the FSSP or the court, it is necessary to carefully prepare the evidence base and documents.

Appeal to the bailiff

Collectors and alimony payers can contact the bailiff, except in cases where a reduction in the amount of alimony is required. The interests of the child are affected here, so the proceedings take place in court.

An application for a FSSP employee must contain the following information:

• name of the FSSP;
• Full name of the bailiff;
• date and IP number;
• Full name of the debtor and the child for whom alimony is paid;
• date of last payments;
• a request to determine the amount of debt or review the penalty if it is calculated incorrectly;
• a list of attached documents.

At the bottom of the sheet is the date of compilation and signature. The decision on the application is made by the bailiff within 3 working days and is formalized by decree. Copies of the decision are sent to the parties to the proceedings no later than the day following the day of issuance.

Filing a claim in court

If the bailiff's decision violates the rights of the child, the debt collector or the alimony payer, a lawsuit is filed in court. The same applies to changes in the amount of alimony up or down.

The statement of claim must contain information:

• on the name of the judicial authority;
• the name of the FSSP unit;
• Full name of the employee whose decision is being appealed;
• references to legal norms violated by the bailiff;
• claims: to recognize the resolution as invalid in full or on individual points, to recalculate the penalty or the main part of alimony, etc.

One copy of the claim is submitted to the court secretary, and the second copy is marked as acceptance. The initiation of proceedings is carried out by the judge within 5 working days from the date of acceptance of the documents. No more than two months are allotted for the consideration of cases of challenging actions.

A court decision that does not satisfy the plaintiff or defendant is appealed before it comes into force. Afterwards only the cassation is submitted.

Arbitrage practice

In cases of recalculation of alimony to collect penalties, the courts most often take the side of the recipients. Let's look at a practical example.

Alimony obligations were assigned to citizen N. in May 2016. The amount of payments per child under the agreement is 25% of the salary of 45,000 rubles, or 11,250 rubles. respectively.

The man stopped paying alimony in June 2017, penalties began to accrue, and the claimant turned to the FSSP. Subsequently, the bailiff calculated the debt using old data, without taking into account indexation.

According to the agreement, alimony should be indexed every 3 months by 1.1 points: in August, November, February, May.

11,250 x 1.1 = 12,375 rubles. – from May to July inclusive. Debt 37,125 rub.

12,375 x 1.1 = 13,612 rubles. – from August to October. RUB 40,836 duty.

13,612 x 1.1 = 14,973.2 rubles. – from November to January. RUB 44,919.6 – debt.

14,973.2 x 1.1 = 16,470.52 rubles. – from February to April. RUB 49,411.56 - duty.

16,470.52 x 1.1 = 18,117.572 rubles. – from May to June or 36,235.15 for 2 months.

37,125 + 40,836 + 44,919 + 49,511.56 + 49,411.56 + 36,235.15 = 208,656.71 rub. – debt for 13 months.

208,656.71 x 0.1 = 208.66 rubles. – penalty for a day of delay.

208.66 x 395.6 (number of days) = 82,545.90 rubles. - penalty.

According to the bailiff, the amount of the penalty was calculated according to the old indicators and was significantly less. He refused to recalculate, and the claimant filed a lawsuit.

The claims were satisfied on the basis of a clause in the agreement obliging the alimony to be indexed every 3 months, which the bailiff did not take into account when calculating.

How does recalculation affect the debtor?

The consequences depend on the reason for the recalculation. If a penalty is collected at the initiative of the recipient, the amount may be increased and you will have to pay more. If the initiator is the alimony obligee, the decision depends on the circumstances of the case.

Recalculation guarantees only financial consequences. Legally, it does not affect the payer in any way and does not impose restrictions.

It is important to know!

• Each case is individual and requires special attention. The information presented on the site is general and does not guarantee a solution to your specific problem.
• We carefully monitor changes in legislation and try to make changes in a timely manner, but this does not always happen quickly.

Therefore, 24-hour legal assistance on any issues is available to you FREE OF CHARGE! Ask your question right now!

Procedure for recalculating alimony for the past period in 2023: sample application

Alimony disputes are one of the most common grounds for applying to the FSSP or to court. The legislation of the Russian Federation regulates the process of transferring alimony payments, and if funds have not been paid for a certain time, then it establishes the procedure for recalculation, indexation and collection of debt for this period. Let's look at how alimony payments for the past period are recalculated.

Basic information

Collection of alimony for minor children and other needy persons is carried out not only when funds are not transferred at the moment. In some situations, debt formation began earlier.

To calculate the debt, you will need to find out the reasons why it was formed - for example:

• the alimony worker deliberately evades his financial obligations;
• the alimony payer has no income, health problems have arisen, life circumstances have worsened, as a result of which he lost the opportunity to transfer alimony in the previous amount;
• the accountant of the enterprise where the alimony worker is employed made a mistake when calculating payments;
• the other party refuses to receive money transfers.

There are two situations in which alimony payments for the expired period are recalculated.

1. In enforcement proceedings, recalculation is carried out when enforcement proceedings are active and the alimony holder evades his financial obligations. As a result, a debt has formed, which is established by the bailiff and repaid by the alimony provider. The plaintiff will need to prepare evidence of the fact that he made every possible attempt to obtain the amounts of money due to him.
2. If a dispute arises regarding the determination of the amount of alimony debt, the parties are sent to court with a claim.

The procedure for recalculating alimony

Alimony payments for the past period of time are recalculated in a fixed monetary amount or as a percentage of the salary of the alimony provider. The application will need to indicate the recommended recalculation option.

Recalculation in a fixed monetary amount

This method is used due to an increase or decrease in the cost of living. When it changes, the amount of alimony or arrears for these payments also changes. Thanks to indexation, the level of financial security of the person to whom the funds are transferred does not deteriorate.

In order to recalculate alimony, the PM indicator determined in the area of ​​residence of the alimony recipient is used. In the absence of a local indicator, the PM indicator valid on average for Russia is used.

Most often, recalculation in a fixed financial amount is carried out for individual entrepreneurs or officially unemployed persons.

Recalculation as a percentage of the salary of the alimony worker

Also, in some situations, recalculation of alimony is carried out as a percentage of the salary of the alimony provider. To do this, you will need to send to the FSSP or the accounting department of the enterprise conducting the recalculation, certificates of the amount of wages received for the past period.

If over a certain period of time the alimony worker’s earnings have not changed, while the minimum wage and the average salary in Russia have increased, the employer must recalculate earnings. The amount of alimony will also increase.

If during the period subject to recalculation the alimony worker did not work or did not provide certificates of the amount of earnings received, then the recalculation is carried out according to the average salary in Russia. Information on these indicators is requested by the FSSP branches in Rosstat.

How to draw up an application for recalculation of alimony to bailiffs

In this situation, enforcement proceedings operate on the basis of a court ruling, order or alimony agreement. These documents have the legal force of a writ of execution and are the basis for the collection of funds by bailiffs in a forced or voluntary manner.

Alimony is transferred from the date specified in the court ruling, order or agreement. However, by court decision, payments can also be collected for the elapsed time (36 months before filing a claim in court to establish alimony obligations). The bailiffs are in charge of calculating the amount.

If the alimony provider does not transfer payments, which leads to the accumulation of debt, then the debt is subject to periodic recalculation and forced collection from the person.

The application will need to include the following information:

1. name of the court, address of its location;
2. information about the plaintiff and defendant: full name without abbreviations, residential addresses, contact information;
3. details of the court decision on alimony payments (No., date, essence of the decision);
4. grounds for recalculation of alimony;
5. a list of documents that confirm the existence of grounds for recalculating alimony.

Download a sample application for recalculation of alimony debt to bailiffs

The following documents are attached to the application:

• court order on alimony payments;
• certificates and papers that indicate changes in the financial condition of the applicant;
• a receipt establishing the fact of payment of the state duty (its amount is 300 rubles).

The bailiff will inform the alimony worker about the debt, begin to withhold alimony from his official salary, look for additional sources of profit (including unofficial ones), and organize the seizure of property and bank deposits. The alimony provider also faces fines and administrative or criminal liability.

The recalculation is carried out by the bailiff at least every quarter with mandatory execution of decisions.

How to draw up a statement of claim for recalculation to the court

If the bailiff refuses to recalculate alimony or the calculated amount of debt violates the rights of the recipient of the funds, then the interested person will need to apply to the magistrate’s court. The statement of claim should include the following information:

1. name of the court, address of its location;
2. information about the plaintiff and defendant: full name, residential addresses of the parties;
3. cost of claim;
4. information about the decision of the magistrate’s court to establish alimony;
5. information about the debt, calculation of payments by the bailiff, indicating his full name, name of the department;
6. expression of disagreement with the established amount of debt, indicating the reason, request to increase/decrease the amount of debt with your own calculation;
7. request to establish the amount of debt in favor of the plaintiff for child support;
8. list of attached documents;
9. date of filing the claim, signature of the applicant.

Download a sample statement of claim for recalculation of alimony debt 

The attached documents include the following:

• a copy of the claim;
• a receipt establishing the fact of payment of the state duty;
• a copy of the magistrate's court decision on the collection of alimony payments;
• a copy of the bailiff's resolution on the calculation of the debt;
• certificate of salary of the alimony worker;
• documents that establish the grounds for filing a claim for debt.

How to challenge a debt settlement ruling

Article 102 of the Federal Law of the Russian Federation “On Enforcement Proceedings,” paragraph 4, establishes that if the final resolution does not suit the payer or recipient of funds, then it can be challenged. You can send a complaint to the court against the action of the bailiff with a request to cancel his decision or a claim to establish the amount of the alimony debt.

Complaints against a bailiff's decision are usually received under the following circumstances:

• the FSSP representative did not take into account all the payments that were made by the debtor, as a result of which there is a need to prove their implementation;
• the calculation was carried out according to the average salary, but in the calculation period the alimony recipient had income that should have been taken into account when calculating the amount of debt;
• when calculating the amount of debt, the bailiff took into account the income of the alimony provider from one-time, one-time transactions (this is a violation of the legislation of the Russian Federation);
• the bailiff did not require information about the income received - instead, he calculated the debt according to the average salary;
• When calculating alimony, the bailiff made mistakes and inaccuracies.

Download a sample complaint  against a resolution, actions (inaction) of an FSSP official

In order to challenge a decision, the law establishes a period of 10 days. The period begins to count from the moment when a person finds out that his property interests have been violated. If there are compelling circumstances, you can try to restore lost time. The application is sent to the court at the address where the enforcement proceedings were opened.

Let's sum it up

Thus, recalculation of alimony for the past period can be carried out on the basis of judicial or executive proceedings. Each method has its own specific procedure for action and writing an application.

Calculating the amount to be paid is the responsibility of the bailiffs.

In a situation where, after the initiation of enforcement proceedings, the alimony provider has not repaid the debt, the debt will continue to increase, and its amount is subject to regular recalculation.

If the recipient of alimony does not agree with the order of the bailiffs or considers the recalculation of the amount of debt to be incorrect, then he should go to court by drawing up a statement of claim and preparing a package of the required documentation.

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Sample application to bailiffs for recalculation of alimony

There is no need to go to court again to carry out these procedures, since all of them are carried out within the framework of already open proceedings and are the work of the bailiff leading the case.

His responsibilities include sending notifications of the debt, withholding funds from the debtor’s wages, identifying other sources of income, including unofficial ones, and withholding alimony from them as well.

If it is impossible to pay off debts through these actions, it will be necessary to seize the debtor’s accounts and property, and also determine the extent of liability for him.

Recalculation of alimony debt

Based on the average salary, the debt is calculated if the payer has no income. Other circumstances are also taken into account when he does not have official confirmation of profit, or he does not want to provide it. If the income is unofficial, alimony is also recalculated using this method.

Application for calculation of alimony debt - sample and contents of the document

As a general rule, alimony payments begin to be paid from the moment specified in the court order or court decision, in a written agreement concluded between the parties.

But in some cases - by court decision - collection can be carried out for the past period of time (no more than 3 years before filing a claim in court for the collection of alimony) and the calculation of the amount to be paid for the past period is also calculated by the bailiffs.

Recalculation of alimony payments for the past period

An application for debt settlement must be considered by a bailiff within 13 days from the date of receipt of the application by the bailiff service. A copy of the decision the next day after its issuance must be sent by mail to the collector and the debtor.

Application for calculation of alimony debt

1. Withholding up to 70% of wages. First of all, current payments are satisfied, the rest of the amount goes to repay the debt.
2. Seizure of the debtor's property. The bailiff sets a month for the citizen to repay the debt.

   Otherwise, the property is seized and sold.

3. Seizure of a bank account. If there is a sufficient amount of funds in the citizen’s accounts, they will be written off in favor of the recipient at a time.

   Otherwise, all money received into the account will be transferred to the recipient until the debt is repaid.

Recalculation of alimony for the past period and procedure for registration

1. It was determined that he is not the biological father of the child to whom the payments are being made.
2. The child actually permanently resides on the territory of the payer and is supported by him.

3. The debtor's life circumstances have deteriorated so much that he is unable to maintain a normal standard of living.
4. Other changes arose in the family life and material well-being of the parties (Art.

   120 SK).

Grounds and methods for changing the amount of alimony

The Family Code of the Russian Federation provides for the recalculation of alimony only if payments were assigned in a fixed amount. In 2023, the amount of this type of alimony is calculated based on the cost of living. When recalculating its size, the amount of alimony should change in proportion to this indicator.

Application for recalculation of alimony

The law establishes a limitation period for collection equal to three years from the date of filing the claim. The child's turning eighteen years old is not a basis for applying the statute of limitations. Debt until adulthood is paid within exactly three years. If necessary, recalculation is carried out.

Recalculation of alimony for the past period: (samples of applications to bailiffs and to the court)

If alimony is paid in a fixed amount, then its size does not depend on the frequency and amount of income.

The value of this indicator is tied, as a rule, to the size of the subsistence minimum (for example, 0.5; 1; 2 subsistence minimum), which is established for the whole of Russia and separately for each region.

Indexation occurs quarterly, so the bailiff should not have any difficulties in determining the amount of debt.

Recalculation of alimony payments for the past period

According to paragraph 4 of Article 102 of the Federal Law of the Russian Federation “On Enforcement Proceedings,” if the amount of alimony debt calculated by the bailiff violates the interests of the payer or recipient of alimony payments, the interested party has the right to file a claim with the court to determine the amount of the debt (to recalculate the debt) .

Interesting to read: Documents for Taking a Child Abroad with Grandmother

Application for recalculation of alimony to bailiffs

Protection of the rights of minor children is the basis of the Family Code. Children who are raised in a complete family are rarely financially offended. When parents divorce, the question arises of how to arrange their lives in such a way that they do not experience drastic changes in material terms: they wear good-quality clothes, develop, and have the opportunity to receive additional education.

How to draw up a statement of claim for the calculation of alimony debt

The responsible employee of the enterprise's accounting department or the bailiff is obliged to change the amount of alimony in a fixed amount, taking into account inflation. The amount of deductions changes in proportion to changes in the cost of living up or down. The difference is included in current payments.

Recalculation of alimony payments for the past period

The payer must fulfill his obligation for more than one year. Payments for alimony are classified as long-term, in a particular case - until the minor reaches the age of 18 years.

Over this long period of time, changes in the standard of living of the population continuously occur.

In such circumstances, if by agreement between the parties or by court decision the funds are paid in a fixed amount of money, a change in the existing social and economic situation in the country requires its indexation. That is, a recalculation of alimony payments for the past period is made.

Application to bailiffs for recalculation of alimony for the past period

09 Nov 2018 uristland 83