Calculator for calculating the indexation of alimony in a fixed amount

The concept of alimony, who has the right to receive it

First, you should find out what alimony is. And also what indexing means.

Alimony is financial support for another family member. However, payment is possible if the future recipient is disabled. Most often these are children and elderly people.

The following are also entitled to such payment:

• disabled husbands/wives;
• full-time students up to twenty-three years of age;
• disabled grandchildren;
• disabled children;
• sisters/brothers not suitable for work.

How to calculate indexation for alimony

This calculation is a fairly simple task. All you need is to find out the cost of living before the current moment and after it.

Calculation formula

A=(SA/SP)*NP

Where:

• A – indexed alimony.
• CA – alimony amount before indexation.
• SP – subsistence minimum before indexation.
• NP is the new minimum per child in the region of residence/country.

Example: Let’s assume that the payer is obliged to transfer 5 thousand rubles monthly. The old cost of living is 9 thousand rubles. The new cost of living will be 9,450 rubles. The amount of alimony after the changes will be equal to (5000/9000)*9450=5277 rubles.

Calculator

For a more convenient and simpler calculation, we offer an online calculator:

Nuances of alimony payments

It's worth remembering the following:

1. The payment of alimony payments is established at a court hearing for a long period.
2. The defendant and the future “debtor” are obliged to pay until the date specified by the court. In the case of minor children - up to their 18th birthday.
3. Alimony can be in the form of a certain percentage of earnings, then deducting the exact amount of money will be very difficult. This is due to the problem of inflation and “floating” wages.

In addition to the interest payment, there is a fixed one. In this case, it is worth remembering about indexation, since inflation will not disappear anywhere, and as a result, the material payment will need to be increased, otherwise the whole essence of alimony obligations loses its meaning.

Why is indexing needed?

Indexing performs several key functions:

• Protection of the rights of recipients throughout the entire stage of alimony payment.
• Reducing pressure on judicial institutions.
• Reduces losses on the part of claimants.

Any communication to the court involves the collection of documents, which means the expenditure of material and time resources. Indexation eliminates problems for three parties - the court, the plaintiff and the defendant (debtor and recipient).

However, it is not possible to index in all cases of alimony obligations.

Application for recalculation of the fixed amount of alimony payments

The legislation of the Russian Federation states that only employers and bailiffs are involved in the process of recalculating fixed amounts for the maintenance of dependents. However, in practice, delays occur regularly. The recipient has to write an application for indexation of alimony in order to protect his rights. The document must include the following information:

• information about the sender and recipient of the application;
• general information regarding the problem;
• reasons for writing an application;
• petition;
• documents attached to the application.

At the end there is the date of writing and the signature of the recipient. Sample application for indexation of alimony:

You can ask for other examples of forms at a notary’s office, a court office, or at the federal bailiff service itself. An alternative way is to search for examples on the official websites of executive bodies and legal forums.

In what cases is alimony indexed?

An increase in payments is possible in the following cases:

1. The indexation mechanism was agreed upon by both parties to the litigation.
2. The court establishes alimony obligations in the form of a fixed sum of money.
3. The agreed document (judicial act) uses a combined method of calculating the amount (that is, the interaction of penalties in the form of interest and a certain (fixed) amount).
4. The act does not establish clear rules for indexing the amount.

Other cases are not taken into account and cannot be indexed.

Reasons for indexing

If you receive alimony from hand to hand, by verbal agreement, then you discuss the conditions for calculating indexation with your father yourself, and the rules of Article 117 of the RF IC do not apply here, since alimony is not collected officially. This is why it is so important to give any action legal force, otherwise the law will not be able to protect your rights. Therefore, in order to index alimony, the following conditions must be met:

• you must have a court decision to collect alimony in a fixed form;
• you have in your hands a writ of execution for the collection of alimony in a combined form;
• A notarial agreement has been concluded, according to which alimony is paid monthly in fixed amounts.

If there is a court decision, indexation is carried out either by bailiffs or by an accounting employee where the alimony payer works, in accordance with the amendments made in 2020. That is, the recalculation is carried out on a single basis, starting from the established level of the subsistence minimum in a given region for the minor category of citizens. If such an indicator is not available, then the amount is determined based on the average for the entire country.

If a notarial agreement on alimony in a fixed sum of money is concluded between the parents, then they determine the mechanism and frequency of increasing the amount of payments according to the level of inflation independently, at their own discretion (Article 105 of the RF IC). Indexation of alimony can occur not only as a result of an increase in the cost of living, but also due to changes in exchange rates, increased inflation, increased prices for certain products or medicines that the child needs, etc. If the stated points in the agreement on reviewing the amount of alimony in a fixed amount are not observed by the payer, then the mother can contact the bailiff service to hold him accountable and fulfill his obligations.

Papers required for recalculation of alimony payments:

• An act confirming agreements to fulfill alimony obligations.
• Link to the “Family Code of the Russian Federation” (Article 117)

The essence of the article is that the indexation of the amount is determined at the court hearing, and the execution of the decision is carried out by a certain organization to which a copy of the executive act is sent. Also, a bailiff can deal with deductions based on the subsistence level of the corresponding constituent entity of the Russian Federation. In addition, the recalculation takes into account which social group the recipient belongs to.

• Appeal to the Law “On Enforcement Proceedings” (Article 9).
• Analysis of judicial activity in cases related to the imposition of alimony obligations.

To increase the payment of alimony, the following documents may be used:

Before doing this, you should make sure that the case meets the conditions specified above.

1. reliable data on inflation growth from the Federal State Statistics Service;
2. change in the Central Bank rate;
3. documents indicating changes in the exchange rate of foreign currencies (If the debtor's payments are related to foreign currency.);
4. papers indicating other financial indicators and their changes.

What do you need to know about indexing alimony in a fixed amount?

Reading time: 6 minutes(s) The obligation to pay child support for a minor child, as a rule, is imposed on payers for more than one year. Such payments are classified as urgent payments, which are assigned before children reach the age of eighteen. Over such a long period, prices and the standard of living of the population are constantly changing, therefore, in order for payments (usually based on a court decision or a certified payment agreement) to be equal to the established material level of support throughout the entire period, family law provides for the possibility of their indexation.

Today we will talk about what the indexation of alimony in a fixed amount is and how it is carried out.

What is indexation of alimony in a fixed amount?

The concept of “indexation” refers to ways of fixing funds from an increase in the general level of cost of goods and services. Often, indexation of different types of payments occurs by the amount of the so-called “index growth”. This indicator is defined by Rosstat as an indicator of inflation for any calculated period of time - a month, quarter or year.

In the case of alimony payments, the rules are set out somewhat differently. Since these funds for the child are tightly tied to the earnings of the alimony payer and are withheld from various types of income, the list of which is determined by Decree of the Government of the Russian Federation of July 18, 1996 No. 841, their indexation until now has been carried out in accordance with the increase in wages. This calculation was relevant until 2012, however, in accordance with the amendments made to the Family Code (Law No. 363-FZ dated November 30, 2011), from the beginning of 2012 the indexation of funds allocated for payments in a fixed sum of money is subject to indexation in proportion with an increase in the cost of living determined in the region of residence for the corresponding category of citizens.

If the regional subsistence minimum per child grows quarterly, payments per child, which are paid in a fixed amount, will also increase quarterly along with it.

Indexation of alimony is a means of protecting alimony payments from the depreciation of money (inflation) by fixing their amounts to changes in the cost of living for a child.

Indexation of alimony is possible only when the cost of living increases. Since it is taken into account that the amount of amounts paid for shared payments always increases due to an increase in the standard of living, the law only determines their indexation in a fixed monetary amount. This procedure was initiated by the Government of the Russian Federation in situations where in order to maintain a sufficient level of provision for the population (and primarily vulnerable categories of citizens with minor children), a key indicator should be increased.

Indexation of payments for a child, which are collected by decision of the courts, is carried out on the basis of 229-FZ “On Enforcement Proceedings”. Its implementation is entrusted to various public or private organizations. Most often this is done by the bailiff service.

Indexation of alimony in a fixed monetary amount is intended to ensure the recalculation of payments so that they decrease in comparison with consumer prices (according to Article 117 of the RF IC).

Bailiffs must act on the basis of a writ of execution or a court order, implementing the legal right of the child through measures, including forced collection.

It should be remembered that these specialists have the legal right to recover an amount from the payer’s property and income even without his consent. In addition, indexation can be carried out by the accounting department or the owner of the enterprise where the alimony payer works. These specialists will act on the basis of the above regulations. The accounting department of a higher educational institution may also be involved in the work if the debtor is a full-time student and one of the sources of his income is a scholarship (this payment is also subject to alimony obligations).

In what cases is it carried out?

Indexation of alimony can be authorized only if the following conditions are met.

1. Alimony was collected by decision of the court in fixed monetary terms.
2. There is an agreement between the parties on the payment of alimony, certified by a notary. At the same time, the agreement itself must contain appropriate requirements for indexing.

The increase in alimony payments occurs in proportion to the increase in the cost of living (ML) in the region of residence of the claimant. If a similar indicator is not established in the region, the calculation will be carried out in proportion to the increase in the cost of living in the country as a whole, which is taken into account once a quarter by the Government of the Russian Federation.

It is necessary to take into account that the PM is calculated based on the cost of the consumer basket, so it can not only increase, but also decrease if the prices of the goods included in the basket decrease. However, this situation does not fall under the provisions on indexation of alimony, since when the cost of living increases, payments in hard monetary terms increase, but when they decrease, they remain the same.

The rule stating that if the monthly minimum is reduced, the amount of alimony should not be reduced (that is, indexed with a minus sign) is enshrined in the resolution approved by the FSSP letter dated June 19. 2012 No. 01-16.

How to independently calculate alimony taking into account indexation?

The recipient of funds for the child needs to take into account that such indexing includes not only the alimony itself, which is paid monthly, but also the accumulated amount of debt for it. However, in practice, a person who evades payment of this type of benefit can pay off the existing debt for quite a long time (for example, in the event of an early enforcement search, lack of work or complete absence of property).

In such a situation, the amount of alimony debt may eventually, after a long period of time, become insignificant. To prevent this from happening, the amount of alimony debt must also be recalculated sometimes.

Since debt is usually not incurred by officially employed persons, most often the responsibilities for indexing alimony debt are assigned to bailiffs. This task is part of his official duties in the field of introducing enforcement proceedings. However, interested citizens can independently index funds for a child in order to know the indicators and the specific amount in advance.

The mathematical procedure for increasing the level of alimony in relation to the growth of the monthly minimum is indicated in paragraph 5.2. “Methodological recommendations on the procedure for fulfilling the requirements of executive documents on the collection of alimony” dated 19.06. 2012 No. 01-16. The recalculation of indexation of alimony in a fixed monetary amount takes place according to the following approved formula:

Indexed alimony = (previous amount of alimony / previous subsistence minimum) × established at the time of calculating the subsistence minimum

The practical use of such a calculation can be clearly demonstrated by the following example.

Andrey K. is obliged to pay alimony every month in favor of his son in a fixed amount of 6,000 rubles. At the time the court made the decision, the minimum allowance for a child in the region of residence of the citizen was 10,000 rubles. Thus, the actual alimony payments assigned in a fixed amount amounted to 0.6 of the subsistence minimum. After 3 months, the monthly allowance for children in the specified region increased to 10,500 rubles.

Based on this, the indexation of alimony in favor of Andrey’s son in accordance with the increase in the cost of living will be determined as follows: (6,000 / 10,000) × 10,500 = 6,300 rubles;

Where:

• 6,000 rub. - the amount of funds in a fixed amount, determined by the court;
• 10,000 rub. — PM for the child at the time of the appointment of child support;
• 10,500 rub. — indicator of the increase in PM in the region at the time of indexation (for one quarter);
• 6,300 rub. — indexed amount of payments.

How to index?

Where to go?

In order to index child support, the parent who is actually forced to support the child should contact the bailiff service. It is these specialists who have the authority to carry out such a procedure. They are provided to this service, primarily because they are in charge of writs of execution for the collection of alimony, other court orders and notarized agreements on the payment of funds to support minor children. Therefore, it is the bailiffs who often accept the application for indexation of alimony, the established form of which can also be taken from the FSSP.

If the payer has a regular income, it is possible to index payments through the accounting department of the organization in which the alimony payer is listed as an employee. In this case, it is necessary to submit an application for indexation to the accounting department. It is there that when the regional subsistence level changes, the question of whether these changes are acceptable for receiving alimony is decided on the spot and the indexation of the amount for deductions towards such benefits is calculated.

How to make an application correctly?

The parent, in whose interests alimony is indexed, is obliged to take into account and monitor the latest information, and in case of untimely calculation or issuance of funds in an unacceptable, underestimated amount, he is required, referring to the articles of the Family Code of the Russian Federation, to immediately submit an application for recalculation of the amount of the penalty.

An application sent for recalculation must contain the following information:

• the name and location of the FSSP organization, indicating the specific bailiff in whose name the application is being drawn up;
• information about the applicant (full name, address, telephone);
• details of the defendant;
• exact title of the document;
• information about the number of the writ of execution on which the collection was made, its date, the amount of payments at the time of drawing up the document, the date of commencement of proceedings on the issue of payments;
• link to the article of the Family Code that regulates this issue;
• a laconic expression of a request to recalculate the amount of existing debt (if any) based on the changed minimum.

The application must be supported by the signature of the applicant. The document is drawn up in two copies.

Often, the parent of a child for whom alimony payments need to be recalculated is interested in a reasonable question: why draw up an application if the persons responsible for indexation - employees of the FSSP or the organization in which the payer works - are already required to do the recalculation, which confirms the provision of article number 117 of the RF IC ? Despite the fact that employees of the Federal Bailiff Service are indeed required to deal with such issues, not all of them fulfill their duties in full. The reasons for untimely indexation may be a simple human factor, and such a delay will only affect the child, who will not receive the payments due to him. Therefore, an application to increase the amount of alimony must be submitted immediately, referring to the relevant article of the Family Code of the Russian Federation.

Where can I find a sample document?

Regardless of where the document is submitted - to the FSSP or to the accounting department - the applicant is obliged to hand it over to the employee personally against signature or send it by registered mail in order to receive notification of its acceptance.

This document is not one of those difficult to draw up applications, and is drawn up according to a standard form. The applicant’s main task will be to reflect in the document all information and data about the applicant and the alimony payer. A reference to the Family Code of the Russian Federation will also be important.

Typically, samples of such applications are issued to the FSSP department, where the applicant plans to send the document. If a parent wants to index alimony by submitting an application to the accounting department of the organization in which the alimony payer works, then similar samples can be given below.

Sample application for indexation of alimony in a fixed amount: https://yadi.sk/i/MKPSRpHsFvDNFg

Thus, alimony payments are awarded to the payer for a long period, during which there are often repeated increases in the basic calculation values. In this regard, their fixed amount changes based on the subsistence level of a certain region of the Russian Federation, and if it increases, the amount of recovery increases proportionally.

According to judicial practice, there are many examples of claims when the person responsible for the child files a claim to force an increase in the fixed amount of payments fixed by agreement. All such claims are usually satisfied, since this provision on increasing the amount of payments is enshrined in the articles of the Family Code of the Russian Federation.

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How do indexation relate to the cost of living?

The most optimal option for determining the payment is the size of the subsistence minimum, determined in the constituent entity of the Russian Federation where the debtor and the recipient of alimony payments live.

If other conditions exist, a single basis is provided. We are talking about the minimum subsistence level in force in the child’s place of residence. This indicator is considered the most convenient for a number of reasons.

The choice of this indicator is due to the fact that it is periodically updated due to various changes in the economic environment. For example, inflation, the impact of which has already been discussed.

If the subject does not have a certain minimum, then the national minimum for the residence of the subject of society is chosen to be used.

*Since last year, the minimum wage began to be equated to the subsistence level of an able-bodied individual.

In Russia as a whole, the cost of living is 11,163 rubles.

As already mentioned, the amount can be indexed by a bailiff, specialized organizations and other authorized persons (see Article 117 of the Family Code of the Russian Federation).

Most often, changes in economic indicators are monitored by the bailiff involved in the defendant’s case. During this process, the judicial service independently regulates the amount of payments made by the debtor.

Analyzing the practice of courts, one can notice that executors tend not to fully fulfill their obligations. If this happens, the plaintiff should personally examine all the necessary data. After which you can contact the authority to appeal the inaction on the part of the bailiff.

In addition, you can transfer the writ of execution to the payer’s place of employment. After the transfer, the organization is responsible for monitoring and indexing alimony obligations.

*In the event of a decrease in the minimum established payment for accommodation, a reduction in alimony payments is not made.

If the cost of living decreases, this will not be the basis for reducing alimony obligations.

After studying all the nuances, you should move on to methods of calculation and receiving a fixed amount.

What is indexing

The statistical authorities of the Russian Federation constantly monitor the price level for certain goods - the consumer basket. At the same time, work is being done to track the income level of citizens. The data is compared. The result is an analysis of the standard of living of citizens. Based on the information received, the following activities are carried out:

1. The Government of the Russian Federation sets the following indicators:
   minimum wage (minimum wage);
2. subsistence level - the estimated level of income at which a person is able to survive.
3. The legislator sets the rules for the use of this data.

Attention: the cost of living is also set by regional authorities. It is this indicator that is taken into account for alimony recipients in the relevant territory.

As a result, the income level of the country's residents increases. For example, pensions and social benefits are indexed. Employers are required to adjust the minimum wage of workers. Previously, this process did not affect alimony payments. Which led to an actual decrease in the level of provision for minors.

Now, according to the law, alimony payments assigned in a fixed amount are recalculated. And those payments that are made as a percentage already grow due to an increase in charges to the payer.

Definition: indexing alimony is an increase in its size by the inflation level of the previous period.

Formula for calculating alimony indexation

There are several forms that can be used to calculate the expected amount. They differ in whether the conversion factor is known or not.

The indexation coefficient is known to the recipient:

First you need to introduce some notation for calculus.

Let A be the initial amount of alimony obligations established by the court, then A1 is the changed amount of alimony payments.

PM - the current minimum for living;

K is the coefficient of alimony obligations to the subsistence minimum, which was determined in court.

The formula is as follows:

A1=PM/(A/K)*A

As an example, you can take the following data:

A= 7000 rubles

PM=11 163

K = PM/A = 1.59 (should be equated to 1.6 for ease of calculation)

A1= 11163/(7000/1.6)*7000=11163/4375*7000=17860.8

After verification, you can enter your individual data.

Sample application for indexation of alimony by employer

Recipients of alimony should be aware that not only monthly payments are subject to indexation, but also accumulated alimony debt, especially when the debt has accumulated not over one or two months, but over several years. After all, the amounts received 2-3 years ago are today considered negligible and can no longer cover the same list of needs. But in practice, this happens quite often, because almost every second father evades child support or does not fulfill his duties properly. That is why the amount of debt is also subject to indexation according to changes in the level of the cost of living.

As you understand, if the father is officially employed, then alimony is automatically deducted from his salary by the company’s accounting department, so in such cases no debt arises. The debt is incurred by unemployed persons, so the bailiff will handle the settlement. Indexation of alimony will be carried out only after the initiation of enforcement proceedings based on an application from the recipient.

According to the Family Code, the statute of limitations for both the collection of alimony and its indexation cannot exceed 3 years.

However, any resolution has its exceptions. If the debt arose through no fault of the payer himself, then recalculation will be made for the entire period of debt accumulation. But if collection of alimony is carried out unofficially, that is, only by verbal agreement between the parents, then it will not be possible to recalculate the amount of debt; for this there must be a legal basis for transferring payments to the child.

Thus, we found out not only the essence of indexation, but also how to correctly recalculate alimony. Remember that for any action and application of the rules of the law, it is necessary that the collection of alimony occurs in an official manner, otherwise it will simply be impossible to prove anything.