Application for indexation of alimony (sample)

Withholding alimony in a fixed amount of money in some cases is the only possible option for paying maintenance. This type of collection is very convenient and practical, but it also has a significant disadvantage - the constant need to index alimony. For timely indexation, it is necessary to constantly monitor the changing value of the cost of living.

Article 117 of the RF IC – indexation of alimony

In the modern world, subject to constant inflation, endless price increases and an increase in the established cost of living, indexation is carried out everywhere.

Alimony, the calculation of which is tied directly to the level of the subsistence minimum, is also indexed with a proportional frequency of growth of the calculated indicator; this provision is enshrined in the articles of the Family Code.

Indexation of alimony is the product of recalculating their value depending on inflation in the direction of their increase. Article 117 of the Family Code provides for the need to monitor the increase in calculated indicators.

Download the text of Article 117 of the RF IC

The parent must take into account the interests of the child, and therefore is obliged to monitor current information, and in case of untimely calculation, it is necessary, referring to the articles of the Family Code, to submit an application for a new calculation of the amount of penalties. The application sent for recalculation should indicate the following information:

1. The name of the organization or the address of the SSP, indicating the specific bailiff.
2. Information about who is submitting the application.
3. Details of the defendant.
4. After the name, information is provided about the number of the writ of execution on which the collection is being made, its date and the amount of payments made to date.
5. Indicate the start date of production based on the decision made.
6. Insert a link to the article of the Family Code regulating this issue.
7. Express a request to recalculate this amount and the existing debt based on the changed minimum.

The application should be completed with the traditional date and personal signature.

Application procedure

Guided by the provisions of Article 117 of the RF IC, the question arises: why is it necessary to draw up a statement at all if the executors of the BSC and the accountant are appointed responsible.

Note that not everyone fulfills their duties in full; the reason for untimely indexation can be a banal human factor, which only affects the child who does not receive the payments due to him.

An application to increase the amount of alimony should be submitted, referring to the article of the RF IC, either to the organization that makes the deduction of payments, or to the bailiff. In both cases, the recipient is obliged to either deliver the application against signature in person, or send it by registered mail.

An example of calculating the indexation of alimony in a fixed amount

The recipient of alimony can control the amount of accrued payments, knowing the minimum wage for a specific region of residence and the value of the assigned coefficient to the payer.

The coefficient can be found in the writ of execution, which must be kept by the recipient. Using a simple formula and a calculator, you can easily calculate the amount of alimony due for collection for a given period.

(The procedure for assigning alimony in a fixed amount is presented in detail here:)

• Example formula:
• Current value of the minimum wage • awarded coefficient = correct amount of penalties.
• For example, the minimum wage in 2018 was 9,489 rubles, and the payer was awarded a coefficient of 0.75 minimum wage.
• Calculating payouts is quite easy:
• 9489 • 0.75 = 7116 rubles
• The earlier minimum wage was 6,204 rubles.

1. 7500 • 0.75 = 5625 rubles.
2. Calculate the difference:
3. 7116 - 5625 = 1491 rubles.
4. 1,491 rubles is the indexation amount, the recalculation of which, according to an article of the Family Code, can be made retroactively. (Information about the average earnings in the Russian Federation, from which alimony is calculated, is at the link:)

Judicial practice on indexation of alimony

Alimony payments are awarded to the payer for a long period, during which there are repeated increases in the basic calculated values. Due to the fact that the fixed amount of payments is calculated based on the subsistence level of a particular region, as a result of its increase, the amount of penalties increases proportionally.

Judicial practice knows many examples of claims filed in court, when a person responsible for a child and concerned about his fate files a claim to force an increase in the fixed amount established by agreement. All sample claims are satisfied, since this provision on increasing the amount of payments is enshrined in the articles of the Family Code.

Download RF IC

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Indexation of alimony

Regular fluctuations in prices for goods and food products in Russia do not always have a favorable effect on the income of the recipient of alimony payments, since this leads to a depreciation of the funds received. To avoid such a situation, the legislation of the Russian Federation provides for indexation of alimony. This article will help you become more familiar with the relevant concept, as well as understand the essence of the process.

Before starting to consider this topic, it seems important to define the concept of alimony indexation.

The corresponding definition refers to the process consisting of periodic recalculation of the amount of alimony.

This procedure is relevant for alimony payments, which are transferred to the recipient in a fixed amount of money and are carried out so that the funds received correspond to the minimum subsistence level in a particular region.

Indexation of alimony is carried out if the order to collect financial assistance is issued for a long period of time.

For example, if the recipient of financial support is a newborn child who is required by law to receive assistance until the age of eighteen.

According to established practice, alimony indexation takes place immediately after an increase in the size of the regional subsistence level. Thus, the regulations of the Russian Federation do not define the exact frequency of calculation of alimony payments.

What does it depend on?

The amount of alimony paid in a fixed amount of money is determined based on the minimum subsistence level in a particular region.

This indicator is formed taking into account the cost of essential products, non-food products and on the basis of coefficients in force in a certain region of the country. If the above indicators change, alimony is subject to indexation.

To calculate the indexation coefficient, it is necessary to determine the difference between the previous and new indicators. For this, a special calculation formula is used:

(PM2/PM1) * RA = IA

• IA - the amount received after indexation of alimony;
• PM2 - new cost of living;
• PM1 - the previous minimum wage;
• RA - the amount of financial assistance used for recalculation.

For example, the minimum wage in Moscow in 2017 is 14 thousand rubles; according to recent changes, this figure has increased and reached 14 thousand 800 rubles. Alimony is paid by a citizen for the maintenance of a child in the amount of 15,920 thousand rubles, then:

(14,800 / 14,000) * 15,920 = 16,829.7 thousand rubles.

After the recalculation of alimony payments, the fact of an increase in the amount of alimony is recorded in writing.

If funds are withheld from wages, then the management of the enterprise has the right to make payments in the new regime only after receiving the relevant document.

How to index alimony?

If alimony is paid in a fixed amount, then responsibility for indexing the funds rests with one of the following authorities:

• The organization where the alimony payer is officially employed;
• Educational institution, if the alimony payer studies and receives a scholarship;
• Federal Bailiff Service;
• Pension Fund, if alimony is deducted from the alimony payer’s pension.

In accordance with the provisions of the Family Code of the Russian Federation, the indexation of alimony payments is carried out by authorized organizations for the convenience of the recipient of financial assistance. Thus, when the minimum subsistence level increases, the recipient of payments does not need to constantly go to court in order to initiate the process of recalculating alimony.

However, in practice there are situations when, after some time has passed since the minimum wage has been increased, alimony payments are not indexed.

In this case, the recipient of financial assistance has the right to initiate the recalculation of funds.

To do this, you need to fill out an appropriate application for indexation of alimony and submit it for consideration to the accounting department of the enterprise where the alimony payer works or to the territorial branch of the FSSP, if the citizen is not employed.

In most cases, indexation of material support is carried out by an authorized employee of the accounting department at the enterprise where the alimony payer works. However, if the monthly payment amount exceeds 25 thousand rubles, the responsibility for recalculation rests with the bailiffs.

It should be noted that not only financial assistance received by court decision is subject to indexation, but also payments withheld voluntarily. The recalculation procedure is also carried out by employees of the organization or representatives of the FSSP.

However, if the text of the alimony agreement does not contain a condition on the indexation of financial support, then this issue can only be challenged in court.

Sample application

The recipient of payments has the right to draw up and submit an application for indexation of alimony if the authorized organization has not carried out a recalculation after increasing the minimum wage. The form and content of the application from the addressee is established by the enterprise where the alimony payer is employed or the Bailiff Service.

The document is drawn up in free form indicating the following information:

• Name and address of the recipient of the application;
• Personal and contact details of the applicant;
• Document's name;
• Grounds for filing an application;
• Personal information about the recipient of financial support;
• Request for indexation of alimony;
• Link to specific articles of the law;
• Date of document preparation and signature of the applicant.

Download a sample application

Is it possible to index alimony payments for the past period?

According to the provisions of the RF IC, it is possible to collect alimony payments not only at the current moment, but also for past periods.

Similarly, it is allowed to index alimony payments for past periods and collect debts from the alimony payer. A three-year period is allotted for the implementation of this procedure.

The procedure for indexing alimony for the past period is carried out separately for each month and in accordance with the period when payments should have been accrued to their recipient.

If you 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):

• 8 (800) 350-83-59 — all regions of the Russian Federation.

Application for indexation of alimony - YurOpora

What is an application for indexation of alimony, in what cases is it drawn up and submitted?

In principle, there is no need to apply for indexation of alimony.

Indexation of alimony should be carried out by the bailiff or the organization that holds the executive document on the collection of alimony, independently, without additional requests from the claimant or debtor. However, in practice this does not happen; alimony is not indexed in a timely manner, which entails a violation of the rights of the person in whose favor it was collected.

Please note that only alimony collected in a fixed amount of money is subject to indexation. Alimony, determined as a share of earnings or other income, is not indexed. For more information on determining debt and indexing alimony, see the article: Debt of alimony, indexation of alimony.

The cost of living is established quarterly in the relevant constituent entity of the Russian Federation and in the Russian Federation as a whole. The cost of living is determined for each socio-demographic group of the population separately. Accordingly, alimony should be indexed based on whose benefit it is collected: for the working population, for pensioners or for children.

Application for indexation of alimony - consequences of filing

Indexation of alimony is carried out in proportion to changes in the cost of living. For example, if in the 1st quarter of the year the cost of living for children was 8,500 rubles, and in the second quarter it was 8,700 rubles, then alimony should increase by 1.02352941 times (8700/8500 = 1.02352941). The same is done when the cost of living decreases.

The bailiff makes a decision on the indexation of alimony, after which alimony is withheld based on the new amount. If the writ of execution is being executed by the organization at the debtor’s place of work, an indexation order is issued.

If you disagree with the actions of the bailiff regarding the indexation of alimony, you can appeal the decision to the court: Administrative claim against the bailiff. If indexation of alimony is not carried out, write a complaint about the inaction of the bailiff.

As an example, a sample application for indexation of alimony addressed to a bailiff is given, but it can also be used when contacting an organization at the debtor’s place of work.

Sample application for indexation of alimony

In _____________________________________ (name of the bailiff service)

from _____________________________________ (full name, address, telephone)

Application for indexation of alimony

“___”_________ ____, the bailiff _________ (full name of the bailiff, name of the division of the bailiff service) initiated enforcement proceedings to collect alimony from _________ (full name of the debtor) in favor of _________ (full name of the claimant) for the maintenance of _________ (full name of the person , for whose maintenance alimony must be paid).

• According to Article 117 of the Family Code of the Russian Federation, the bailiff, as well as the organization or other person to whom the executive document is sent in the case established by Part 1 of Article 9 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”, carry out indexation of alimony , recovered by a court decision in a fixed sum of money, in proportion to the increase in the cost of living for the corresponding socio-demographic group of the population established in the corresponding constituent entity of the Russian Federation at the place of residence of the person receiving alimony; in the absence of the specified value in the corresponding constituent entity of the Russian Federation, this indexation is carried out proportionally an increase in the cost of living for the corresponding socio-demographic group of the population in the Russian Federation as a whole.
• Based on the above, guided by Article 102 of the Federal Law “On Enforcement Proceedings”, Article 117 of the Family Code of the Russian Federation,
• Ask:

1. Index the alimony collected from _________ (full name of the debtor) in favor of _________ (full name of the claimant) for the maintenance of _________ (full name of the person for whose maintenance alimony must be paid), for the period from "___"_________ ____ to "___"_________ ____ .

List of documents attached to the application:

1. Documents confirming the existence of grounds for filing an application for indexation of alimony (if the applicant has them).

Source: https://xn--80aaif6bu.xn--p1ai/obraztsy-dokumentov-s-kommentariyami/obraztsy-iskovyh-zayavlenij-po-semejnym-sporam/zayavlenie-ob-indeksacii-alimentov/

Indexation of alimony: example of calculation, sample application

As economic relations develop in the country, various difficulties may arise related to the material support of Russian citizens. As you know, every year we can hear about an increase in the level of inflation and market prices for goods and services for various reasons.

In this regard, the state provides for the recalculation of all material compensation (benefits, pensions, among others) so that they correspond to the increase in the level of the cost of living.

Since alimony payments involve long-term obligations, the question arises of how to calculate the indexation of alimony, changing year after year. Our article will help you figure this out. We will also tell you how and where to send a statement of claim for indexation of alimony.

Dear readers! In our articles we consider typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , please contact us through the online consultant form on the right or call us at:

1. +7 (499) 350-66-97 Moscow, Moscow region
2. +7 (812) 627-16-82 St. Petersburg, Leningrad region Other regions: online consultant>>
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What is alimony indexation?

• Indexation of alimony is a periodic process of recalculating the cost of payments in order to increase them by a multiple of the cost of living in conditions of inflation.
• This measure is necessary to maintain the standard of living of the population at the same level in conditions of economic crisis or instability, therefore it is envisaged as a periodic procedure.
• This process is regulated at the legislative level in the Russian Federation by the tax, civil procedural and family codes.

The indexation of alimony for a child or children is in essence very similar to the recalculation of pensions and unemployment or disability benefits. The state makes every effort to ensure that all segments of the population can provide for themselves financially and prevent citizens from living below the poverty line.

When recalculation is necessary

Based on the Family Code of the Russian Federation and the Law “On Enforcement Proceedings,” cases and procedures for indexing alimony are established. There was no separate law on indexation of alimony.

Only payments established in fixed monetary terms can be subject to this procedure.

Other payments made by deducting a percentage of the almony payer’s earnings depending on the number of persons supported are not subject to indexation of alimony to the minimum subsistence level.

It is believed that the payer's income was automatically indexed by other authorities at the beginning of the new year. Therefore, recalculation of financial support collected by court decision is carried out only if it is set as a multiple of the minimum wage.

Calculation of indexation of alimony in a fixed monetary amount is made on the basis of changes in the cost of living in a specific region of Russia. If the minimum wage value has not been recorded in the region, then data on the federal subsistence minimum are taken into account.

If the regional or federal cost of living is reduced, monetary obligations retain their previous values: they are not indexed or reduced.

If there is an Agreement on the payment of alimony, their recalculation is based on the fixed contractual terms. This is also either an automatic increase in the amount of payments following wages, or indexation of alimony depending on the minimum wage.

Procedure

This procedure for indexing alimony, provided for by the RF IC, is carried out for the convenience of the payer himself, so that every time the minimum wage indicators change, he does not need to go to court to re-register his obligations.

The procedure must be carried out in accordance with all legal standards, so any person cannot do this. The following circle of persons can carry out and formalize it:

• representatives of the FSSP;
• accountant at the defendant’s place of employment;
• world judge.

1. When the obligation to withhold the amount of payments from income is assigned to the enterprise where the payer of monetary compensation works, the calculation of alimony indexation is carried out by a full-time employee of the accounting department.
2. An order for indexation of alimony (sample below) is issued after approval of the resolution on changing the level of the subsistence minimum by the Government of the Russian Federation at the federal or regional level.
3. Sample application for indexation of alimony

If the amount of payments due for the maintenance of a child or disabled citizen exceeds 25 thousand rubles, the recalculation is carried out by bailiffs after submitting an application to the court for indexation of alimony.

By voluntary agreement, the same operation can be performed by both an accountant and a bailiff. If the document did not provide for a clause on changing the amount of alimony due to the reformation of payments, then the decision will be made by the court.

Indexation for the past period

As is known, alimony can be collected from a debtor not only for current years, but also for previous years.

If no agreements have been previously concluded between the parties under the Agreement and by court decision, then the amount of debt will be limited by the statute of limitations for a period of three years.

However, the entire amount for the last three years will be indexed. Indexation of alimony debt is carried out in the general manner for all types of payments based on changes in the standard of living of the population.

Periodicity

Since in state economic policy it is not always possible to predict when changes in the indicators of the minimum material life support of the population will be required, indexing does not require clear regulation. Therefore, it only occurs in the following cases:

• recalculation by the Government of the Russian Federation of the minimum wage level in the regions of the country;
• recalculation of the minimum wage in the region of residence of the alimony payer;
• the fact of the need to increase benefits is announced in the media and becomes generally known.

The procedure is carried out immediately after the above circumstances are announced. If there has been no recalculation of the cost of living indicators at the regional level, then its federal equivalent is taken into account.

Calculation example

The easiest way to complete the operation is if the benefit has been set at a fixed value. Then, the size is formed as a multiple of the existing minimum material support.

If you need to calculate new values ​​of monetary obligations, then a simple algorithm is followed to find the indexation coefficient:

1. Set the current minimum wage in the region or country.
2. If the benefit is paid in a fixed amount of money, calculate how many times it is a multiple of the existing minimum wage indicator (divide the amount of the benefit by the indicator itself).
3. Round the resulting number by multiplying it by the cost of living.

To calculate using the formula, you will need to know several data for substitution: the previous and current level of minimum wage, the date of entry into force of the changes and the exact court decision on the amount of benefits.

IA=(VPM2/VPM1)*A; Where

• IA - indexed alimony;
• VPM2 - the value of the current subsistence minimum;
• VPM1 - the value of the outdated minimum value;
• A is the benefit amount before recalculation.

• Let us illustrate this process using the example of Viktor Nikolaevich Tsvetkov.
• A resident of the city of Tomsk, by decision of the courts, pays his ex-wife child support in a fixed sum of 23,560 rubles.
• The obligation to support the child was assigned on April 6, 2016, when the minimum wage in the Tomsk region was 9,800 rubles.

In March 2017, the cost of living indicators and, along with it, all mandatory cash benefits were recalculated. By the beginning of April 2017, the minimum wage in the Tomsk region was 10,500 rubles.

If we apply the formula shown above to this situation, we get:

IA = (23560/9800) * 10500 = 25200.

Starting from the second quarter of 2017, citizen Viktor Nikolaevich Tsvetkov will be required to support a minor child in the amount of 25,200 rubles.

Conclusion

1. The detailed procedure for carrying out the procedure for reforming all monetary benefits and obligations does not require close attention, since the procedure is carried out by authorized persons, regardless of the interests of the citizen himself.

2. But, nevertheless, in order to provide for upcoming expenses, every citizen must be able to independently calculate the amount of cash benefits allocated monthly for the maintenance of their offspring.

3. Dear readers , the information in the article may be out of date, take advantage of a free consultation by calling:
4. +7 (499) 350-66-97 Moscow, Moscow region
5. +7 (812) 627-16-82 St. Petersburg, Leningrad region Other regions: online consultant>>
6. or ask a lawyer a question using the feedback form below.

Source: https://zakonsovet.com/semejnoe/prava-i-objazannosti/alimenty/indeksaciya.html

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Application for indexation of alimony: where to submit a sample letter of claim?

Home / Alimony / Nuances of writing an application for indexation of alimony

The state economy is unstable, prices rise regularly, which causes inflation. For this reason, the amount of alimony payments that were ordered by the court loses part of its value over time.

General provisions

To protect the rights of citizens, periodic recalculation of the amount is provided in order to increase it. The need to file a claim arises quite rarely, since the payment is recalculated automatically after a change in the minimum wage.

In order for one of the parents to allocate the required amount of funds for the maintenance of their child until adulthood, it is sometimes necessary to submit an application for indexation of alimony. In some situations, the payment of benefits is assigned for life - the measure is applicable for those family members who are incapacitated.

According to Article 117 of the Family Code of the Russian Federation, indexation is applicable to those alimony payments that are collected in a specific amount. The correction is carried out based on the cost of living determined in the region where the child lives. If the court has decided to pay a fixed percentage of a citizen’s income, then indexation is not applicable to such a benefit.

According to Art. 4 of the Federal Law “On the Living Wage”, the correction occurs in accordance with the following provisions :

1. Every quarter, the cost of living per person is reviewed and, if necessary, changed. Data is obtained based on the food basket and the cost of everyday needs. Information is provided by the federal executive body. The cost of other non-food items and expenses for other standard needs are also taken into account.
2. The Government of the Russian Federation is responsible for regulating the living wage. The procedure is carried out in a special manner specified in the legislation of the regions of the Russian Federation. However, not each of them has their own cost of living data.

Every 3 months the cost of living is recalculated and, if necessary, its amount is changed. The indicator is determined primarily by the regional government. Changes take effect only after the official publication of the resolution in the media.

If in the subject of the Russian Federation where the person receiving alimony is registered, the cost of living increases, then the amount of the benefit is immediately indexed. If this value is missing, the basis is the amount determined by the federal government.

It is necessary to pay attention to the basic requirements for the process of indexing alimony:

• To avoid disagreements between former spouses, it is better to draw up a receipt stating that the required amount has been paid;
• Compulsory implementation of the procedure is possible only by bailiffs;
• Indexation is possible in relation to alimony payments determined by a fixed amount;
• When calculating in the calculator, you must take into account the cost of living;
• If a citizen to whom the court has ordered to pay alimony violates the order after indexation, then an amount of 0.5% of the total debt is recovered from him.

Drawing up an application for indexation

The Family Code of the Russian Federation stipulates that money allocated to provide for a child can be recovered for the last 3 years. In accordance with this law, over the past time, alimony is indexed in the same way as the funds withheld at the moment.

That is, when recalculating, each period and the cost of living for that period are taken into account .

In addition, a penalty is provided for, which is equal to 0.5% per day of the total debt amount.

If the recalculation does not occur due to the absence of a regulatory act or was assigned “retroactively,” then no fines are imposed, and the debt is written off from the income of the alimony payer.

Indexation is calculated taking into account the coefficient, which is the ratio between the values ​​of the cost of living in certain periods. In accordance with this coefficient, a fixed amount of recovery is determined, established by a decision of the judicial authority.

To recalculate, you will need to provide the accountant or bailiff with a court order with the amount of recovery indicated therein, as well as official information on the amount of the cost of living for the past period and at the moment. In addition, you need to know when the new indicator came into force.

If no alimony payment has occurred, the amount is still indexed in accordance with the dynamics of the cost of living throughout the entire period of debt.

1. The name of the institution to which the document is submitted.
2. Last name, first name, patronymic of the applicant (in full) and residential address.
3. FULL NAME. and the residence address of the alimony payer.
4. Title of the document.
5. The date of the court order, which recorded the amount of alimony payments and the case number.
6. Information about when the proceedings were opened, as well as the resolution.
7. Reference to the Law “On Enforcement Proceedings” and Art. 117 of the Family Code of the Russian Federation.
8. Request for indexation of payments.
9. Date of writing the application and signature of the applicant.

The document can be downloaded here

Submission rules and formula

If you do not know where to submit an application for indexation of alimony, this is done to the SSP body or the accounting department of the institution where the alimony payer works.

A claim requesting an increase in the amount is filed as a regular application for the collection of alimony.

In this case, it is necessary to apply to the same court that decided to pay funds to a minor child or incompetent person.

With the appropriate resolution, the same properties are applied to the amount that was indexed as to the original one. If the indexed portion is not paid, arrears arise.

Representatives who can carry out indexation of alimony are listed in the Family Code of the Russian Federation. The executors include mainly bailiffs, as well as persons who received a collection order.

Usually these are those who officially pay the alimony worker a salary or any benefits.

For example, accountants of organizations must promptly, without filing a claim for indexation of alimony, determine who needs an increase, and based on this, index the amounts.

The indexing formula is as follows - Ial = NPPM/SPPM*D, where:

• Ial - the amount of alimony payments for the month, which is ultimately obtained after making the necessary calculations;
• D - the monthly amount of alimony determined by the judicial authority;
• SPPM is the old cost of living level used for calculations before the latest inflation;
• NPPM - the new established living wage.

Arbitrage practice

If, after the decision of the judicial authority to collect monthly alimony in a fixed amount, changes appear regarding the increase in payments, then it is possible to adjust the procedure for executing the decision. In such a situation, a different mechanism is used.

For example, if a decision was made before 2012 taking into account the minimum wage, then a further revision is necessary with a focus on increasing the cost of living in the region in which the child lives.

If you do not agree with the execution of the bailiff, then the result of his work can be easily appealed with the help of an appropriate statement. You can also file a complaint about inaction if the time has come for indexing, but this did not happen.

The amount of benefit accumulated over time does not require indexation in several cases:

• The payer and the recipient have entered into a written agreement that confirms the agreement of both that there will be no increase in payments;
• The recipient, in addition to the basic payments, is provided with other material support equal to the amount of indexation;
• The cost of living has changed to the period included in the limitation period.

Useful video

Conclusion

Analyzing Art. 208 of the Code of Civil Procedure of the Russian Federation and the legal position of the Constitutional Court of the Russian Federation, we can say that indexation is not legally the fault of the alimony payer if it is not carried out.

This is only a mechanism that helps to compensate the claimant for certain losses in conditions of inflation. It is worth considering that it is impossible to force the judicial authority to index.

This is rather a right rather than an obligation.

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NOTE!

• Due to constant changes in laws, information is often out of date;
• General information does not guarantee a successful solution to the problems encountered.

In this regard, FREE legal consultants work for you! Call the hotline: 8 (495) 131-95-79. Author of the article

Perevartsev Mikhail Viktorovich

Experienced lawyer in the field of family law. More than 12 years of successful practice in disputes related to the collection of alimony, division of property and determination of the procedure for communication with children.

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Sample application for indexation of alimony collected in a fixed amount of money

Article 104 (clause 2) of the Family Code of the Russian Federation provides for the following methods of collecting alimony payments: in proportion to the salary or other income of the person who is obligated to pay them, in the form of a fixed amount, in the form of transfer of property and in other ways that provides for an agreement on their payment.

In order to maintain the standard of living of the person receiving alimony payments at a certain level, alimony is indexed to take into account inflation.

In what cases is alimony indexed?

A separate regulatory act containing provisions on the indexation of alimony payments on the territory of the Russian Federation has not been published. This process is regulated by the norms contained in Article 117 of the RF IC and in the Federal Law “On Enforcement Proceedings”.

If we are talking about paying alimony as a share of the salary, then indexation in this case is not required. In fact, as the payer’s income increases, the amount of the alimony payment also increases.

So, if you receive a monthly income of 40,000 and with an alimony payment of 25% of this amount, the payment is 10,000. And if the salary increases to 50 tr.

the alimony payment, accordingly, increased to 12,500 rubles.

It is justified to talk about indexation when alimony payments are received in the form of fixed amounts. Fixed alimony is assigned in direct proportion to the subsistence minimum established in the constituent entities of the Russian Federation for children. In the event that it is not established in the territory of any region, the one in force throughout the entire territory of Russia is taken as a basis.

It should be taken into account that the term subsistence minimum has been used since 01/01/2012; previously, for these purposes, they were based on the minimum wage. When payment of alimony in a fixed amount was made in accordance with the agreement concluded between the parents, indexation was carried out in a manner that was separately specified in this agreement.

If this provision is absent in the document, payments should be indexed in proportion to the change in the cost of living existing in a certain region or in the country as a whole.

It should be noted that the amount of alimony associated with indexation changes only if the cost of living increases. If it decreases, the monthly amount paid remains unchanged.

All actions related to the withholding of funds from the earnings received by the employee paying alimony, as well as the work of bailiff department employees related to the collection of alimony, are regulated by the legislation on enforcement proceedings, and in the same way it determines the circle of persons responsible for changing the amount alimony payments.

In addition to the appointed bailiff who carries out proceedings on writs of execution, court orders or notarial inscriptions, the administration of the organization where the alimony payer works or is trained, and where he is paid wages, stipends, or other type of permanent income is also responsible for indexing amounts of money. .

If there is a change in the subsistence level in a constituent entity of the Russian Federation, accounting employees are required to check whether the persons in whose favor the amounts are deducted from their salaries are subject to these changes. If there are grounds, the withheld amounts are indexed.

In order to legally formalize an increase in the amount of deductions, an order is issued to the enterprise, which explains on what basis the changes were made and provides a link to the government decree approving the changed cost of living and the exact amount of indexation. The accountant receives the right to make deductions only after such an act is issued.

You need to know that the company has the right to independently increase the amount of withheld amounts only when their size does not exceed 25 tr. In other cases, only employees of the bailiff service and judicial authorities are authorized to adjust the withheld funds.

In order to find out the amount of alimony payments after indexation, you need to use the calculation formula given below.

First, the size of the subsistence level in the region of the Russian Federation where the person who receives alimony payments lives lives, on the day of the adoption of a judicial act on their appointment or the signing of an agreement.

For this purpose, the amount set by the judge is divided by the minimum subsistence level in effect during the period when the court order imposing alimony payments was issued. Then round up the result and multiply it with the cost of living that is valid in the recipient’s territory of residence at the moment.

These calculations are fully reflected by the formula AI = (PMN:PMS) * A AI. Here AI is the size of the indexed alimony payment, PMN is the new level of the subsistence minimum, PMS is the subsistence minimum that existed when alimony was assigned, A is alimony before indexation.

This can be demonstrated more clearly with an example. Moscow resident Petrov I.P. in accordance with the court order, he transfers alimony to his ex-wife for child support in a fixed amount of 17,355 rubles every month.

Payments were established from February 5, 2014. At that time, the cost of living for minor children in Moscow was 10,265 rubles. per month.

By the second quarter of 2014, the cost of living increased to 10,443 rubles. per month. Using the above algorithm, we see: (RUR 17,355 : RUR 10,265)*RUR 10,443 = RUR 17,656 Thus, Petrov I.P., from the beginning of the second quarter of 2014, will pay alimony in the amount of 17,656 rubles.

In principle, the authorities entrusted with this responsibility should independently index alimony and increase its amount. But the rules for this procedure must be known to the payer so that he can control the amount of money the child receives.

In fact, there is no need to make a special application for indexation of alimony.

This procedure is under the jurisdiction of bailiffs or the management of organizations that hold enforcement documents, and they are obliged to carry out it without any statements from recipients or payers.

It must be remembered that the indexation procedure is carried out only in relation to alimony payments in fixed amounts. Alimony collected as a share of wages is not subject to indexation.

The cost of living is determined every quarter in each region of the country and throughout Russia as a whole. Its size is determined separately for each population group depending on social and age characteristics. Consequently, the indexation of alimony should occur depending on who is receiving it: able-bodied citizens, pensioners or children.

• In case of untimely indexation of alimony, the person receiving it has the right to file a complaint about the failure of the bailiff service or the employer's administration to fulfill their duties.
• How to make an application for indexation of alimony?
• It is allowed to draw up an application for indexation of alimony payments in free form, but in compliance with the requirements of business paperwork.
• It should contain the following information:

• Name of the body/organization to which the application is sent;
• Full name and address of the applicant;
• Payer details and address;
• Title of the document;
• Information about the judicial act (date and case number) establishing alimony payments;
• Data on enforcement proceedings (when open, number of resolution or order);
• Links to the norms of laws - “On Enforcement Proceedings” and Article 117 of the RF IC;
• Requirement to index alimony;
• Date on which the application was submitted;
• Signature.

A sample application for indexation of alimony collected in a fixed amount can be downloaded here.