Many parents' maintenance obligations last long enough. Material content may be from birth to the child's majority, and sometimes afterwards. Therefore, there is an indexation of alimony, which will be discussed in the article.
Key Points
The economic situation in the country is changing regularly. Because of this, there may be a different living wage, average salary. The amount of alimony assigned by the court or by agreement is not sufficient for the normal maintenance of the child.
To protect the rights of children, child support indexation was introduced, which is carried out periodically. With its help, children are transferred sufficient funds for a normal life. According to the provisions of the Family Code of the Russian Federation, the indexation of alimony is carried out. This is a mechanism to increase payments based on price increases. There are special formulas by which the procedure is performed.
Grounds
The law indexes child support in hard cash. If funds are paid in shares of earnings, then there is no need for this procedure. This is due to the fact that salaries are also indexed. Then the income will also increase along with the increase in the parent's wage.
Until 2016, the amount of alimony was determined by the amount of the minimum wage. Now it depends on the cost of living. Since then, the indexation of alimony is carried out with a change in the subsistence level approved for the child.
Minimum
Alimony may be paid:
- in percents;
- in a fixed amount;
- in combined form.
The amount of child support in 2017 may vary depending on which payment determination system is assigned. Under article 81 of the RF IC, child support can be paid in the following shares:
- 25% - for 1 child;
- 33% - by 2;
- 50% - for 3 or more.
The minimum amount of alimony in 2017, if there is 1 child in the family, is 25% of the payer's income. The fixed form is selected if:
- interest payment infringes on the interests of the parties;
- funds are issued in kind or in foreign currency;
- the payer is recognized as unemployed;
- income is unstable;
- salary is transferred informally.
The minimum amount of alimony in 2017 in solid terms is not set, as before. Judicial practice shows that it is determined by the cost of living. But this does not mean that payments will be equal to him, they can be more or less.
Maximum
The largest amount varies depending on the accrual method:
- The maximum agreement is not limited, since any size can be determined between the parties. The main thing is that this does not infringe on the interests of the parties.
- If the calculation in shares is chosen, then for three children no more than 50% of the income is paid. But the amount can be increased by the judicial authority if the material situation of the parties, some circumstances are taken into account.
- When assigning payments in solid form, there is no maximum. The court sets a fixed amount. It is taken into account that the level of support for the child should be maintained at the same level as before.
Therefore, the maximum in each case is different. The law states that child support cannot exceed 70% of income. This rule applies to payments for minor children.
Payment terms
The procedure and terms for payment shall be established by an executive document or by agreement. If a court decision is made, then alimony must be paid every month. By agreement of the parties, the timing of payments may vary, because the frequency may be different:
- quarterly;
- every six months;
- annually;
- at a time.
The frequency of payments is determined by parents independently. Whatever decision is made, it should not infringe on the interests of children.
What affects the amount of alimony?
When assigning the amount of maintenance to children, the level of income and the minimum wage in the region matter. The amount of alimony in solid form is affected by:
- The cost of living is determined every quarter in all regions. If, for some reason, there is no information about this indicator, then all-Russian values are used.
- The number of persons who are on the security of the payer. For example, the amount of payments is reduced at the birth of other children, if the income is not enough for everyone. Usually, the size of payments is revised so as not to infringe on anyone's rights.
- Disability payer. If his health deteriorated or a disability appeared, this could lead to a decrease in payments.
- Income generating property. For example, a dependent has an apartment for rent. Every month there is income from her. Funds are spent on a minor. The presence of property is not taken into account if it does not make a profit.
When determining the amount of payments, the need of the parties for money, as well as the previous standard of living of the child, is taken into account.
Responsible for indexing
The procedure is necessary to increase payments when the cost of living increases. Then the recipient does not need to constantly file a lawsuit. Alimony is withheld from the income of an officially employed person. In addition to bailiffs, the responsibility for indexing lies with organizations where defendants are employed or study.
If the amount of the living wage changes in the region, the accounting of the payer company must independently determine whether the changes concern the citizens to whom the funds are transferred. If necessary, indexing is performed. The size of child support is increasing by order of the organization. It indicates the grounds. The organization itself may increase the amount of deductions, but only if the amount is not more than 25 thousand rubles. Otherwise, the court and bailiffs can change the amount.
Features of the procedure
How does child support size indexation work? If an agreement is made between the parents, the indexation will not be the same as with the court decision. Then the procedure is performed according to the terms of the document. If they are not indicated, then indexation is performed in the same way as when payments were made by the court.
If the payments are determined by the court, then the recalculation of alimony is carried out automatically. No one needs to take any action. This is controlled by the bailiffs and the institutions that sent the writ of execution. Indexation is performed by an indicator that is a multiple of the cost of living.
How often is recalculation done?
It is practically impossible to determine how the living wage will change, so the frequency of indexation has not been established. This is affected by the frequency of change of this indicator. And it is established by the government. Information about these changes is usually printed in the media, online publications and accounting magazines.
According to the law, the indexation of alimony should be carried out after increasing the cost of living in the region of residence. If this indicator is not available, then the value for the country is taken into account. The company where the payer works must control payments, increasing them if necessary.
Payment
The size of payments is applied in proportion to the increase in the cost of living. To determine the coefficient by which indexation is performed, it is necessary to establish the ratio of the old indicator to the new one. The result obtained is used to the amount of alimony, determined in solid form.
In addition, for indexing, you need to know the wording of the court decision. The court determines alimony in a fixed amount on the basis of a living wage. The formula contains the following terms:
- the amount of payments approved by the court;
- old minimum indicator;
- new minimum size;
- effective date of the new standard.
To establish the size of alimony after indexing, it is necessary to divide the new minimum into the old one, and then multiply the result by the amount transferred before.
How is indexing performed over the past period?
The law defines a limitation period of 3 years. Funds recovered over the past period are also indexed. If during the consideration of the case it is established that the alimony was not paid due to the defendant, then he is obligated to pay a penalty. It is 0.5% of the amount outstanding for each day.
Payments are indexed for each period, it all depends on what the minimum at that time was. If payments are not indexed due to the lack of regulatory documents, fines are not imposed.
Alimony after 18 years
In chapter 13 of the RF IC, the principles of the payment of alimony for providing children are fixed. It states that such payments are made up to 18 years. Previously, cancellation may occur when a child is recognized as legally competent, for example, upon marriage, during emancipation.
Alimony for students after 18 years is provided in exceptional cases. This is recorded in article 85 of the RF IC. Payments continue if the child is enrolled in a full-time educational institution. Alimony is needed when financial support is needed. Only automatically after 18 years they do not renew. In order for payments to be received again for maintenance, it is necessary to apply to the court with appropriate justification.
The amount of assistance can be set as a percentage or in a fixed amount. Payments cease with the attainment of 23 years or with the end of training. You can agree on payments without a court, voluntarily. It is only necessary to make an agreement. It is notarized. Alimony after 18 years cannot be less than 30% of the subsistence level. The amount of payments may increase or decrease if there is a court decision.
Under article 85 of the RF IC, adult disabled children are entitled to alimony, so payments are made to disabled children. They need constant care, and because of the disease, they cannot support themselves. Disability must be recognized officially. One of the parents who cares for the child can receive help.
All types of alimony payments are indexed, which allows observing the rights and interests of the recipients of funds. They will be enough for a normal life, since incomes must comply with modern requirements.