Increasing the amount of alimony, how to increase payments to the subsistence level?

The mother, who remains to live alone with the child, is obliged to receive alimony from his natural father. That is, both parents must participate equally not only in the upbringing, but also in the maintenance of the child, even if they are divorced. As for the amount of alimony, its minimum or maximum is not established by law, so you can’t count on any approximate average amount.

Everything depends on the father’s confirmed earnings, since he cannot jump above his head, unless, of course, he deliberately hides his income. That is why, with negligible earnings, a mother and child can receive financial assistance in the form of alimony, which is below the subsistence level.

How legal is this and can they be increased?

First, let's define the concept of a living wage. This is an indicator that is set for each region of the country separately and determines the consumer basket per person per month.

The level of living wage for certain categories of citizens is different: for workers, for pensioners, for children. It usually includes necessary food products, mandatory deductions, and payment for services.

This is why the concepts of alimony and living wage are so closely related.

Since in Russia there are different levels of prices and earnings by region, the level of the subsistence minimum is set individually, which is why the final amount of alimony will depend.

As stated in the Family Code, alimony must cover the vital needs of the child; in principle, the same task is assigned to the concept of “living wage”.

Therefore, most mothers who receive a small amount of alimony often tie this amount to the subsistence level, and if it is much lower, then the recipient tries to protect the interests of the child and re-applies to the court to increase financial assistance from the second parent, or is sent to the social security authorities with with the hope of receiving some other government payments intended for low-income families.

Can alimony be below the subsistence level?

The amount of alimony has not been clearly established by the state. They can be either negligibly low or vice versa. But in practice, the situation most often encountered is when the amount of alimony payments is below the established level of the subsistence level in the region.

This happens due to the small income of the alimony payer, because the judge cannot set the amount of alimony higher than his actual income. However, it makes no difference in what form they are paid: flat or proportional. In both cases, alimony payments may not only be slightly below the subsistence level, but also half as much.

Here everything depends directly on the financial situation of both parents and the vital needs of the child.

What to do if alimony is below the subsistence level?

As we have already said, alimony below the established level of the subsistence level is not a violation of the Family Code and other legislative regulations, therefore there is nothing special to present. But there is another side to the issue.

If this amount of alimony greatly infringes on the interests and needs of the child, then after a certain time has passed after the initial decision to collect alimony, which determines its size and form, you can re-apply to the court, where you will demand a review of the amount of payments and their increase. And if previously alimony was paid not according to a writ of execution or a court order, but according to an oral agreement or alimony agreement, then this issue must be resolved directly with the payer; if he is against, then first file a lawsuit in court for the legal collection of alimony, and only then again about their increase.

Grounds for increasing alimony to the subsistence level

The procedure and grounds for increasing alimony depend on the method of collection. Read each of them to understand how to proceed next.

With a voluntary alimony agreement concluded

If a child support agreement is concluded between the parents with a notary and on the basis of it the child support obligations are fulfilled, then in order to increase them it is necessary to come to a peaceful resolution of the issue and make changes to increase the amount. To do this, you need to contact the notary again so that he can certify the new changes.

The main thing here is to convince the alimony payer of the need to increase financial assistance for the child, provide arguments, certificates, checks, and most importantly, do not swear. This is the only way to reach mutual agreement.

If the father is against increasing the alimony, then all that remains is to go to court with a claim and the original notarial agreement.

When collecting alimony in court

If the collection of alimony occurs by court decision, then its increase also occurs through the court. But in order to appeal to a judicial authority, it is necessary to comply with legal grounds, each of which has a valid reason. So, to file a claim with a request to increase alimony, one or several conditions must be met:

• The mother who lives with the child has lost her job or had her wages reduced;
• Deterioration of the recipient's financial situation due to family or life circumstances that cannot be influenced;
• Deterioration of the child’s health, which requires expensive treatment;
• The recipient has other dependents;
• An increase in the payer’s income or the termination of his other material obligations.

It is important to understand that any of the listed grounds must not only be a reason for applying, but also have evidence in the form of certificates, checks, receipts. Think about them in advance, as they will be supported by the statement of claim along with other necessary documents. The same applies to those requests when you want to change the form of alimony payments.

How to increase the amount of alimony to the minimum subsistence level?

If your alimony is less than the subsistence level, then, as we have already said, you can go to court and, by writing an application, ask that it be increased for you. This is done by following the following steps.

Where to contact

If alimony is paid on the basis of a writ of execution or a court order, then to increase it it is necessary to go to court.

If no other issues are raised in the claim, for example, to establish a fixed amount of payments instead of proportional ones, then the application is submitted to the magistrate’s court; if there are any, then to the district court.

The claim is filed at the place of residence of the defendant, but as an exception, it can also be filed at your registered address.

Required documents

Going to court if the amount of payments received from the father was lower than the subsistence level requires not only a correctly drawn up application with a request to increase them, but also a package of necessary documents.

• Applicant's passport;
• Child's birth document;
• Certificate of mother's income;
• Certificate of cohabitation of the applicant with the child;
• Divorce certificate (if the parents' relationship was registered);
• Documents – certificates, checks, receipts that confirm the mother’s excess expenses associated with the maintenance of the child.

Since this application is made in the interests of a minor child, the mother, when filing a claim, is exempt from paying the state fee.

How to make an application

It is very important to complete the application correctly, since incorrect information or missing documents can lead to refusal. Statements of claim are drawn up in accordance with Articles 131-132 of the Civil Procedure Code. Therefore, in order to avoid making the most common mistakes, it is better to familiarize yourself with the rules and structure of the claim in order to increase the amount of alimony:

• In the header we write the name of the judicial authority, address;
• Below is information about the applicant, full name, residential address, telephone number;
• In the middle is the title of the document;
• From the red line, describe your request, indicate the details of the child and the child support payer. Be sure to include information on the basis on which alimony is paid, its amount, and procedure;
• Grounds for increasing alimony;
• Documents that confirm your appeal and request;
• List them in the form of a list and attach them to the application;
• Date, signature.

In the petition, you must write down all the requirements, for example, if, in addition to increasing the amount of alimony payments, you want to change their form.

Sample statement of claim to increase the amount of alimony

After considering your application, the court will take into account all the circumstances, taking into account not only your family and financial situation, but also assessing the situation of the other party.

You can specifically indicate in your application what amount of alimony you are applying for and correctly justify it, confirm it with certificates and other evidence. If the judge finds that you do not exceed the permissible limit and the amount is quite justified, then the claim will be approved.

In this statement of claim, you can also ask to change the form of payments, for example, from fixed to proportional or vice versa, if appropriate.

Indexation of alimony to the minimum subsistence level

Regardless of whether alimony payments are equal to the subsistence level or not, the law defines a clear rule according to which, when the minimum wage indicator changes, alimony payments are automatically recalculated, that is, they are indexed up or down.

However, this measure applies to those alimony payments that are paid in hard form (Article 117 of the RF IC).

But as for proportional payments, which depend on the income of the alimony payer, everything is interconnected: wages increase if the level of the cost of living increases, and therefore alimony.

Thus, there is no catch or mistake if you receive alimony payments below the minimum subsistence level established in the region. That is, in practice, this not only may well happen, but also occurs quite often. If this seriously infringes on your rights and interests of the child, then you can increase the amount of alimony by re-applying, but only if there are good reasons.

How to increase child support: to the subsistence level, sample application

Grounds for increasing the amount of alimony

Modern law does not prohibit, but allows increasing the amount of transfers. There must be appropriate financial capabilities and characteristics of family status. There are many reasons that are considered grounds for recalculation:

1. Reduced profits - layoffs or layoffs.
2. The appearance of another dependent.
3. Inability to work due to significant deterioration in health.
4. The appearance of a pathology or the awarding of one of the disability groups.
5. Incapacity or death of the person supporting the minor.
6. Increase in products and goods classified as essential.

Also, an increase in the amount allocated for child support can be ensured at the initiative of the alimony provider. Conscientious parents make appropriate requests based on factors such as:

• salary growth;
• employment to a higher position;
• receiving an inheritance.

There is an official reason for performing such an operation - indexing. The amount of maintenance increases in accordance with the increase in the cost of the consumer basket or according to the subsistence level.

In the latter case, recalculation is carried out every quarter. It is considered mandatory in a situation where the parent’s income cannot provide him with a decent living.

How can you increase alimony?

Typically, divorced parents have a special agreement regarding mandatory transfers. A well-drafted document contains clauses showing that the amount of initially established transfers can be increased.

If you need to decide how to increase child support, you are allowed to draw up a new, similar document with amended clauses and an indication of the updated amount. If the parties cannot reach an agreement on this issue, the recipient must file a formal claim with the court to effect a recalculation.

Up to subsistence level

If the maintenance was initially assigned by the judges, if the deductions were made by order, the problem with its increase can be resolved in court. The applicant must draw up a special application and bring it to the organization to which the payer’s registration is linked. The best option is to go to the court that originally ordered the maintenance.

The court has the right to reject the sent request if it considers that the reasons for it are insignificant. If a positive decision was made on the application, employees of the state body will send the relevant certificates to the bailiffs, payer and employer.

Required documents

When deciding how to increase the amount of alimony to the subsistence level, a well-written application must include:

1. The applicant's civil passport.
2. Marriage papers – registration and dissolution.
3. Official metrics for children.
4. The decision to assign maintenance payments.
5. Certificate of complete family composition.
6. 2-NDFL for the last six months, issued to the plaintiff.
7. Receipt for payment of state duty.
8. Papers confirming the importance of increasing deductions.

Based on the information specified in the listed papers, the judge makes a decision on payment and determines the amount.

How to write an application correctly?

To achieve a positive result in the form of an increase in payments, you need to competently draw up an official request. There are certain rules for writing it that must be followed:

• The amount of support and the option for transferring it are indicated;
• The grounds that gave rise to the revision of deductions. The more detailed the reason is, the higher the likelihood of making a positive decision;
• It is necessary to specify in what form the recalculation is required.
• When writing down the last point, you need to take into account the fact that with “share” payments a certain share grows, with “hard” payments there is only a monetary expression.

When completing the request, it is important to indicate the desired amount of transfers, the name of the dependent person and the option for receiving the amount.

Sample application

Based on the officially established sample statement of claim to increase the amount of alimony, we can note the presence of the following points in the document:

1. The name of the court authority.
2. Information about the plaintiff - name, residence, work and contacts.
3. The request price, that is, the calculation of the amount by which the payment increases.
4. The name of the document itself.
5. The body of the application states the circumstances of the case - marital status, the emergence of additional needs.
6. Additional information that is relevant.
7. Reasons for the presented circumstances.
8. Requirements for a judge.
9. Attached documents.
10. Signature and date.

If the plaintiff makes mistakes when drawing up the contents of the application, the document will be rejected and will have to be drawn up again.

Judicial practice of increasing the amount of alimony

Only one of the parties can make a forecast as to what verdict the court will accept. The verdict reached will depend on the evidence base.

If a person gives good reasons, it will be clear that they correspond to reality and practice. As soon as the judge understands that the real increase in deductions is justified and that the interests of the payer will not be infringed, he assigns the requested deductions corresponding to the subsistence level. The following rules and features are observed here:

• If payments were assigned as a percentage of earnings, the court will automatically increase the previously established share;
• If the maintenance was assigned in a fixed amount, it will increase strictly in proportion to the minimum wage;
• Combined transfers may be assigned - part as a share of the salary, the other in the established amount.

Regardless of the option, fixed deductions will be higher. The updated calculation will be taken into account and used in practice after the court decision comes into force.

If a negative decision is made, if the amount is low, the judge must state the reasons for the refusal. If the plaintiff is not satisfied with the grounds for making a negative decision, he can appeal it through a higher court. Also, a statement of claim drawn up according to the sample is allowed to be filed when new factors and circumstances arise.

Summing up

In most cases, the court makes a positive decision in 2023 upon a request to change material payments towards growth. To guarantee a positive result, it is important to do everything correctly and in order, write an application and provide the necessary papers, a claim and certificates.

How to increase the amount of alimony to the subsistence level: reasons, judicial practice, from 1/6 to 1/4 - I have the right

Who can demand an increase in alimony?

If it is necessary to increase the amount of funds allocated for the child, parents can enter into a voluntary agreement on this (sample agreement below) or resolve the dispute in court. This right to change payments is enshrined in Art. 119 RF IC.

Persons who are already entitled to them by decision or mutual agreement can initiate an increase in payments:

• mother or father raising a child on their own;
• adoptive parents or guardians of the child;
• the state institution that took over the education of the minor;
• guardianship authority responsible for a homeless child.

Those who pay alimony can also increase the amount if their income increases or simply if they wish. If the other parent does not mind, then both enter into a new agreement.

Grounds for increasing alimony

An increase in amounts in alimony cases can be achieved under many circumstances: the legislation does not limit their list. After the appeal, the court must assess the new financial situation of the parties to the dispute and render a verdict.

         For the recipient of alimony

The recipient of payments can count on an increase in payments if the following circumstances are present:

• deterioration of financial condition due to a decrease in wages;
• dismissal from old job;
• an increase in the cost of the food basket and necessary goods at the same salary;
• the passing away of persons who help the parent financially;
• additional expenses for the treatment of the child or the recipient himself, if this entails a reduction in the amounts allocated for education;
• the birth of new children or dependents;
• improving the financial situation of the debtor.

For the alimony payer

If the payer wants to increase alimony, then it will be enough for him to justify it with conditions that allow him to pay increased amounts, for example, additional sources of income or termination of obligations to provide financial support to other citizens (parents, dependents, other children, etc.).

What to do if alimony is less than the subsistence level

The child support payment is a certain percentage of income, depending on the number of common children:

For one child	For two children	For three or more
25 %	33%	50%

For example ! Alimony may be below the subsistence level: if the parent’s income is 20,000 rubles. for one child the payment will be 5,000 rubles, which does not reach the minimum in any of the regions of the country.

The court may order payments in a fixed amount, for example, if a person receives an irregular salary or it is difficult to calculate his official income (for example, he is an entrepreneur). In this case, funds are awarded as a multiple of the subsistence minimum or as a fraction of it, for example, 1/2 or 1/4. Sometimes paying child support is complicated by the fact that the father is officially unemployed.

The maximum limit of payments, like the lower one, is not limited by law either for percentage calculation or for payments in a fixed amount.

Since many people hide their income, it is difficult to achieve high alimony payments in Russia, so recipients are thinking about increasing them, and most often the guideline for the amount is the cost of living and the minimum wage. To raise alimony to such an amount, you can agree peacefully with the payer or file a new statement of claim, in which you designate the cost of living as the desired amount of payments. After this, during the meetings you need to justify your position. To calculate, it is necessary to take the cost of living of the region in which the applicant lives.

How and where to change the amount of alimony?

The indication of a new amount by voluntary agreement is provided for in Art. 101 of the RF IC: for this you need to draw up the document in writing and have it certified by a notary. This is possible if previously alimony was also collected by agreement.

If you are not satisfied with the decision, but managed to agree with the payer on an increase in alimony, then you still need to go to court, since the previous court decision will still be in effect.

Download sample child support agreements below.

Agreement on alimony in shares (percentage of income) Agreement on alimony in a fixed amount

Filing a claim

A claim for modification of alimony is similar to a claim for its collection, but has a number of differences. The form indicates:

• details of the judicial authority, data of the plaintiff and defendant;
• Title of the document;
• data on the relationship of the participants in the process;
• financial obligations of the parties;
• reasons for increasing contributions;
• the amount of new payments;
• request to increase the current amount to a new one;
• list of supporting documents, signature and date.

You need to apply to the court at the place of residence of one of the parties to the dispute. Download the claim form for an increase in the amount of alimony.

Collection of necessary documents

To understand the reasons why an increase is possible, we list the documents that are usually attached to the claim:

• birth certificates of children for whom child support needs to be raised, or for a newborn child;
• certificate 2-NDFL for the past 6 months;
• statements of accounts of the plaintiff and defendant;
• certificates about family members, citizens living with the plaintiff;
• documents on official income or expenses of the defendant;
• certificates or extracts about the payer’s registration actions, for example, with vehicles or housing;
• certificates of health, disability, diseases;
• death certificates of persons who influenced the plaintiff’s income;
• certificates from employers;
• statistical data from government agencies on prices for food and rental housing;
• receipts for tuition fees.

To the claim you must add a copy of the current decision or agreement, a second copy for the defendant and a receipt for payment of the state duty established by Art. 333.19 Tax Code of the Russian Federation. In this case, for its calculation, the amount of alimony payments is recognized as the cost of the claim.

         Trial in court

The duration of consideration in claims to increase alimony is one month from the date of receipt of the application.

Attention! If in the old decision the charges were set as a percentage of earnings or as a share of the subsistence minimum, then when a new resolution is adopted, the method will remain the same. To change it, you must submit a separate statement of claim.

If the claim is satisfied, the court substantiates the decision in the reasoning part and sets a new amount in the operative part.

If a positive decision is made on an increase without specifying the amount, the judge additionally issues a writ of execution. The decision is sent for execution to the bailiffs or the defendant’s employer.

In what cases does the plaintiff win, and when is it denied?

Judicial practice shows that during the consideration all the nuances are taken into account, including the plaintiff’s financial responsibilities to provide for the child. If it is determined that the current amount is sufficient for the child, and the plaintiff does not fulfill his obligations, then even if the defendant’s income increases, the court will refuse to satisfy the request.

Also, despite the existence of grounds for an increase and their validity, the court may refuse a new amount after analyzing the financial condition of the defendant.

Most often, the court's priority, in descending order, is the following interests:

• child;
• payer;
• plaintiff;
• the defendant's new children from a subsequent marriage;
• partner in a new marriage.

If alimony was calculated as a percentage, then the court can increase the amount from 25% to 33% or 50%; if it is a fixed amount, for example, an increase from 1/6 to 1/4 of the subsistence level.

If you disagree with the decision, you can appeal it to a higher court.

Indexation of alimony

An increase in previously awarded payments should not be confused with indexation - an increase in their amount due to an increase in the cost of living for certain groups of citizens.

Changes occur in proportion, their recalculation is made by the persons executing the court decision - the employer’s accounting department, the bailiff or other bodies (Article 117 of the RF IC).

If a mutual agreement is concluded, the indexing conditions can be stated in its text, otherwise the rules of the above article will be applied.

It is precisely because of the rise in prices in the country and subsequent indexation that the law provides for the assignment of a fixed amount of payments as a share of the subsistence level - such a link reduces the number of citizens filing claims to increase alimony.

Judicial practice of increasing the amount of alimony

The responsibility of parents to raise and feed their children is not only formal, but also legal, since this is precisely the requirement enshrined in the current Russian legislation. In the event that one of the parents left the family due to a divorce from his wife, this obligation is not removed from him.

Only the form of child support changes. Now the separated parent must provide the child with financial support by regularly sending him sums of money, the amount of which is fixed either orally or in writing (in a child support agreement or in a court decision).

However, it is important to note that this fixed amount is not final. Art. 81 clause 2, 119 of the Family Code allows for its change in any direction and even the complete abolition of these payments.

Grounds for increasing alimony

An increase in alimony is possible, but only under a number of circumstances. This series is not regulated by law, since it includes a very large number of different conditions.

In addition, they are purely individual and different for each case. They can only be assessed for sufficiency or insufficiency in order to initiate an increase in the amount of alimony and achieve this decision. Actually, the assessment is carried out either by the court or by the payer and recipient of alimony, if the issue is resolved voluntarily.

As a rule, the circumstances are directly related to the financial situation of the former spouses, namely to their change for the better or for the worse.

In the case where alimony was first established by the court in the form of shares of the salary of the alimony payer, a further increase in the parent’s financial assistance is also possible exclusively in the form of a share.

The increase in alimony in a fixed fixed amount is regulated in the same way.

Let's consider the most common circumstances on the basis of which an increase in the amount of alimony payments is possible. They can be divided into 2 large groups, based on who initiates this increase.

Thus, the recipient of alimony can initiate an increase in the amount on the following grounds:

• Decrease in wages and, as a result, monthly income;
• Complete loss of regular income due to dismissal or layoff from work;
• Deterioration of the general financial situation due to the appearance of another dependent. This implies the birth of a child (but in the absence of any financial assistance from his father) or caring for a disabled relative;
• Loss of the recipient's ability to work due to poor health or disability;
• The child becomes ill with a serious illness that either requires expensive therapy or forces the recipient to stop working;
• The death or recognition as incompetent of a person who provides financial support to the recipient. This could be a parent, a new spouse, etc.;
• An increase in the price of essential goods while maintaining the recipient's wages at the same level.

The payer may take such an initiative in the following cases:

• His monthly income was increased due to salary growth, inheritance, etc.;
• Change in marital status. For example, a child in another marriage has reached the age of majority or the person for whom alimony was paid has died, etc.

Another sufficient argument for changing alimony payments is indexation. This term means an increase in the income of citizens in proportion to the increase in prices for goods from the consumer basket. Note that even arrears of alimony payments are subject to indexation.

The indexation procedure must certainly be specified in the voluntary alimony agreement.

The general rule from the Family Code, which the courts follow, states that alimony is indexed in accordance with changes in the cost of living and occurs once a quarter.

• If the parent who has custody of the child does not earn enough to meet his minimum needs, the court may oblige the payer of alimony to increase the amount at the request of the recipient.
• If indexation has been carried out, the amount of alimony increases automatically.
• If the issue regarding the payment of child support is governed by a voluntary agreement signed by the parents without the participation of the court, they have the right to change the amount of payments an unlimited number of times at any time convenient for them.

If alimony is paid according to a writ of execution, changing its amount is possible only after going to court, where the author of this initiative will need to submit an application. It should be filed in the court located at the defendant’s place of residence. If his place of residence is unknown, then to the court at the place of registration of the plaintiff.

The most correct option would be to contact the judge who presided over your divorce case. This will make it much easier to restore the circumstances of the process.

When filing a claim, the court may:

• Reject it, recognizing it as insufficiently thorough;
• Return with notes for revision if there are errors, inaccuracies, or questionable fragments;
• Accept for consideration.

The consideration may result in full satisfaction of the claim, partial satisfaction or refusal. The latter must be explained by specific reasons. If the claim is satisfied, enforcement proceedings are opened 30 days after the relevant court ruling has acquired legal force.

During these 30 days, alimony is accrued in the same amount. This period is given, first of all, to the defendant so that he can appeal this court decision to a higher court.

The bailiff changes the existing case, after which he sends a new calculation to the place of work of the alimony payer, according to which alimony should be deducted from his salary. If the defendant pays alimony on his own, he is sent a corresponding notice.

Speaking about drawing up a statement of claim, first of all, it should be noted that it is drawn up in free form. It is also necessary to exclude grammatical and semantic errors, since their presence will most likely lead to the application being returned by the court.

You should treat the package of documents especially responsibly and try to attach as much evidence as possible to your application. Remember that every piece of evidence increases the likelihood of a positive court decision.

Required documents for the claim:

• Marriage or divorce certificate;
• Child's birth certificate;
• A valid document regulating the payment of alimony (this may be a voluntary agreement or a court decision);
• Certificates of family composition and income of each party;
• Receipt for payment of state duty. Its size is not fixed. Since an increase in alimony is a material claim, the fee depends on the amount of alimony;
• Papers that explain the applicant's position. This could be a certificate of disability, registration at the labor exchange due to job loss, a death certificate, a court order, etc. These documents depend on the nuances of the case.

In order to build your position in court proceedings as correctly as possible, it is strongly recommended to hire a competent lawyer in family law matters.

The text of the claim must be brief and in no case contain emotional attacks or statements that have no basis. Remember that this document is a legal document that serves as the basis for reopening the lawsuit. The plaintiff is responsible for every word he says, and therefore it is better to indicate in the letter all the legal acts that apply in this case.

For example, the child support payer is obliged to provide additional assistance if the child needs expensive treatment. To bring him to this responsibility, the child's guardian needs to submit to the court a demand for the division of treatment costs within a strictly defined period, attaching receipts and other payment documents to it.

Based on the results of the consideration of the case, the court may make a compromise decision, obliging the alimony payer to pay for the child’s trip to a health resort. In this case, the payer has the right both to issue money for this voucher and to transfer the ticket itself.

In some situations, the parties reach a compromise after the lawsuit has been filed. This application can be withdrawn only in the absence of a preliminary hearing. If a settlement agreement was concluded after this, its participants will need to present to the court a written agreement certified by a notary’s seal. Only then will the court terminate the consideration of the case in connection with the reconciliation of the parties.

In a situation in which the need for an addition in a specific monetary amount has arisen due to the constant accrual of alimony in the form of a percentage deduction from the salary, the applicant needs to indicate a specific reason and request confirmation of this initiative from the court. The court will issue such confirmation only if this requirement actually improves the child’s situation.

The final part of the claim must indicate:

• A specific amount or percentage of wages;
• Collection period;
• Other details necessary for a fair consideration of the issue by the court.

It is important to understand that the defendant will try to challenge this claim and present evidence that does not coincide with the plaintiff’s evidence. Thus, evidence of the impossibility of increasing payments may be presented.

A significant argument can be the presence of children from a new relationship, since, according to the law, all children have equal rights.

Therefore, an increase in alimony in favor of one child will not be approved if it limits the rights of another.

It is quite possible to predict the court's decision. It depends on what circumstances the plaintiff and defendant point to.

If these grounds are sufficient (it is proven that an increase in alimony will benefit the recipient without infringing on the interests of the payer) and correspond to reality, the court will most likely make a positive decision, namely:

1. If alimony was initially awarded as a percentage of the payer’s salary, the court will increase this percentage. For example, from 0.25% to 0.5;
2. If alimony was paid in a fixed amount, the court will raise it in proportion to the minimum wage. For example, oblige a person to pay alimony in the amount of not 1 minimum wage, as was previously the case, but 2. At the same time, there are certain conditions establishing the maximum amount of alimony;
3. The court may also indicate in its decision a combined option for paying alimony, part of which will be deducted from earnings, and the other part will be paid in a fixed amount. For example, 0.25% of income + 1 minimum wage.
4. The actual increase in alimony and its calculation according to the new formula occurs after the corresponding court ruling takes legal force.
5. If the court, instead of satisfying the claim, issues a refusal, indicating a specific reason, it can be challenged in a higher court.
6. You can file the same claim a second time only if there are newly arisen grounds for alimony payments.

How to increase the amount of alimony to the subsistence level

In a number of cases specified in the Code of the Russian Federation, which defines the norms of family relationships, material support for incapacitated persons is indicated in the form of alimony. The obligation to transfer them arises after the execution of the relevant agreement or by court decision.

In addition to other conditions for the payment of amounts, these documents establish their amount. As a result of events occurring in life, the initially accepted amount over time may not be enough to adequately support the needy. Is it possible to increase the amount of alimony, or should the amount remain unchanged? Under certain circumstances, the law allows the recipient of funds to make such claims against the payer. If they are justified, then by agreement of the parties or under the compulsion of the court, the monetary amount is allowed to change upward.

Important! If you are considering your own case regarding increasing the amount of alimony, then you should remember that:

• Each case is unique and individual.
• Understanding the basics of the law is useful, but does not guarantee results.
• The possibility of a positive outcome depends on many factors.

Is it possible to increase the amount of alimony from the original amount?

To answer this question, let's determine the minimum amount of funds. which must be transferred to the dependent. It is not established by law, but in judicial practice the official subsistence minimum is often used if it is impossible to determine the payer’s earnings.

Alimony can be determined in a fixed amount or as a percentage of the income that the obligated person receives. The age of the person to whom the payments are intended plays an important role here:

• If this is an adult, then the monthly amount is calculated based on the capabilities of the payer and his financial situation. The parties to the relationship can do this independently (Article 103 of the RF IC), indicating the amount of funds in the alimony agreement. Otherwise, the court will make a decision for them (Articles 91, 98 of the RF IC).
• When the recipient is a minor, then regardless of whether the parties to the relationship agreed on it themselves or resorted to the services of the court, the amount of alimony cannot be lower than that specified in Articles 103 and 81 of the Family Code of the Russian Federation.

In the first case, the amount of payments is determined in a fixed amount of money, in the second - as a percentage of the income of the obligated person. A fixed amount of funds for a child is determined only by decision of a government representative, if it is impossible to determine the real amount of the payer’s earnings.

Important! According to the legislation of the Russian Federation, the amount initially established can be changed upward. To do this, you need to amend the agreement or go to court.

How to increase small child support?

Payment amounts for children are used only for their maintenance. The initially designated size, if it has not been changed for a long period of time, may become irrelevant for the following reasons:

• There is a constant depreciation of money, because of this the prices of goods and products increase. Those funds that previously compensated for the needs of the needy may, over time, not be enough for a normal life. This factor is called inflation; to compensate for it, Articles 105 and 117 of the RF IC provide for indexation of alimony. When concluding an agreement, it can be indicated in the document in advance.
• The life circumstances of the person receiving alimony, his other parent or guardian change. Health problems, a change in social status, or the appearance of a new dependent can seriously worsen your financial situation.

Important! When considering cases of increasing child support amounts that are not related to inflationary processes, the court will definitely be on the side of the plaintiff. But the deterioration of the financial situation will have to be proven.

Grounds for increasing the amount of alimony

According to Article 119 of the RF IC, the circumstances surrounding a change in the volume of payments are those related to the well-being and personal life of the participants in the relationship.

From the recipient's side, this could be:

• a significant decrease in his income;
• dismissal from a previous job for reasons beyond his control;
• poor health, which does not allow full work and requires additional costs for medical care;
• the appearance of other persons in need of support;
• death of people who also provided financial support to the alimony recipient.

On the part of the payer, the following circumstances may occur:

• termination of his obligations in relation to other persons whom he supported in accordance with the laws of the Russian Federation;
• the emergence of additional sources of income that significantly increase his income.

Important! The court is able to refuse not only an increase in the amounts transferred to an adult recipient, but also the right to claim payments in general if he committed illegal actions against the payer or behaved inappropriately in the family.

How does an increase in alimony occur in a fixed monetary amount and in shares?

Regardless of the method for determining the size of payments, there are two options for changing them towards growth:

1. By agreement of the parties to the relationship. The parties amend the previously concluded agreement regarding the amount of payments. If the money is intended for children, then the amount of transfers cannot be less than that assigned by a government representative under similar circumstances.
2. By the tribunal's decision. In this case, a statement of claim specified in Article 132 of the Civil Procedure Code of the Russian Federation is submitted to the state body. At the same time, evidence is presented that confirms the fairness of the payee’s claims. They can be any documents, recordings on video and audio equipment, testimony of witnesses. When making a decision, the court takes into account the welfare of the payer; an increase in the amount of alimony should not leave him without a livelihood.

Important! If the amount initially transferred was calculated as a share of the obligated person’s earnings, then payments also increase in shares. The same is true with alimony in hard cash terms.

The procedure for changing the amount of mandatory payments for the maintenance of a needy person has many nuances.

Contacting a professional family law lawyer will make the task much easier.

He will help you correctly formulate the reasons for increasing alimony and tell you how to submit them to the court. His advice will increase the chances of a government agency making a positive decision.

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For example: “Divorced. My husband pays alimony of 2,000 rubles based on a salary of 8,000. I know very well that the income certificate is fictitious and he earns many times more. How

• prove the actual receipt of funds?
• How to contact you?
• This is a required field

How can you increase the amount of alimony?

The initiative to increase the amount of alimony, as a rule, comes from the recipient of the payments. This could be a parent caring for a minor child, guardianship authorities, etc.

The requirement to increase the payments received is based on respecting the interests of the child and the desire to satisfy all his needs as fully as possible.

If the interests of a child are violated due to a lack of funds for his maintenance, this is grounds for filing a lawsuit to increase the amount of payments.

Legal basis

Alimony obligations and the grounds for determining the amount of payments are prescribed in the Family Code of the Russian Federation (dated December 29, 1995). This contains all the necessary information on the issue of paying alimony.