Maintenance obligations of many parentslast long enough. Material content may be from birth to the majority of the child, and sometimes after that. Therefore, the indexation of alimony, which will be discussed in the article.
The economic situation in the country regularlyis changing. Because of this, there may be a different cost of living, the average salary. The amount of alimony, appointed by the court or agreement, is insufficient for the normal maintenance of the child.
Indexing has been introduced to protect children's rights.alimony, which is performed periodically. With its help, children are transferred sufficient funds for a normal life. According to the position of the Family Code of the Russian Federation, the alimony is being indexed. This is a mechanism to increase payments based on rising prices. There are special formulas by which the procedure is performed.
By law, the alimony is indexed inhard cash. If funds are paid as a share of earnings, then there is no need for this procedure. This is due to the fact that salary is also indexed. Then the income will also increase with the increase in the remuneration of the parent.
Until 2016, the amount of alimony was determined by the amountminimum wage. Now it depends on the subsistence minimum. Since that time, the alimony is indexed when the subsistence minimum approved for a child changes.
Alimony can be paid:
The amount of alimony in 2017 may vary depending on which payment determination system is assigned. According to article 81 of the RF IC, maintenance for a child can be paid in the following shares:
The minimum amount of alimony in 2017, if there is one child in a family, is 25% of the income of the payer. The fixed form is selected if:
The minimum amount of alimony in 2017 insolid value is not installed, as before. According to judicial practice, it is noticeable that it is determined by the subsistence minimum. But this does not mean that payments will be equal to him, they may be more or less.
The largest amount varies depending on the method of accrual:
Therefore, the maximum in each case is different. The law states that alimony cannot be more than 70% of the income. This rule is valid for payments to minor children.
The procedure and terms of payments are establishedexecutive document or agreement. If a court decision is issued, then alimony must be paid every month. By agreement of the parties, the timing of payments may vary, since the frequency may be different:
The frequency of payments is determined by the parents themselves. Whatever the decision, it should not infringe on the interests of children.
When assigning the amount of maintenance for children, the level of income and the minimum wage in the region matter. The amount of alimony in solid form is affected by:
In determining the amount of payments, the need of the parties for money, as well as the child’s previous standard of living, is taken into account.
The procedure is necessary to increase payouts whenthere is an increase in the subsistence minimum. Then the recipient does not need to constantly file a lawsuit in court. Alimony is deducted from the income of an officially working person. In addition to bailiffs, the responsibility for indexing falls on organizations where defendants are employed or study.
If the amount of subsistence in the region changesminimum, then the payer's accounting department must independently establish whether the changes concern citizens to whom funds are transferred. If necessary, indexing is performed. The amount of alimony increases on the orders of the organization. It indicates the base. An organization may itself 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.
How is the indexation of child support?If an agreement is drawn up between the parents, then 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 the indexing is performed in the same way as when making payments by the court.
If the payments are determined by the court, thenalimony recalculation is performed automatically. No action is needed. This is controlled by the bailiffs and the agencies that sent the writ of execution. Indexation is performed on an indicator that is a multiple of the subsistence minimum.
Determine how subsistence will changeminimum, almost impossible, so the frequency of indexation is not installed. This is affected by the frequency of changes in this indicator. And it is established by the government. Information about these changes is usually printed in the media, online publications and accounting journals.
According to the law, the alimony indexationshould be carried out after increasing the subsistence minimum in the region of residence. If this indicator is not present, then the country value is taken into account. The company where the payer works must control the payments, increasing them if necessary.
The amount of payments applied is proportionalincrease in the subsistence minimum. To determine the coefficient for which the indexation is performed, it is necessary to establish the ratio of the old indicator to the new. The result obtained is used to the amount of alimony, defined in solid form.
In addition, for indexing, you need to know the wording of the court decision. The court determines the alimony in a fixed amount based on the cost of living. The formula contains the following components:
To establish the amount of alimony after indexing, it is necessary to divide the new minimum by the old one, and then multiply the result by the amount transferred before.
The law defines the statute of limitations - 3 years.Funds collected 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’s reason, then he is obliged to pay a penalty. It is 0.5% of the amount owed for each day.
Payments are indexed for each period, it all depends on what was at least at that time. If payments are not indexed due to the lack of regulatory documents, no fines are imposed.
In chapter 13 of the RF IC, the principles of payment are fixed.child support. It states that such payments are made up to 18 years. Previously, cancellation may occur when a child is recognized as capable, for example, when entering into marriage, when emancipating.
Alimony for students over the age of 18 is provided for inexceptional cases. This is fixed in article 85 of the RF IC. Payments continue in the event that the child is studying in an educational institution in full-time. Alimony needed if necessary material support. Only automatically after 18 years they do not renew. In order for payments to come back to maintenance, it is necessary to apply to the court with the appropriate justification.
The amount of assistance can be set in percent.or in a fixed amount. Payments are terminated with achievement of 23 years or with the termination of training. You can agree on payments without trial, voluntarily. It is only necessary to make an agreement. He is notarized. Alimony after 18 years can not be less than 30% of the subsistence minimum. The amount of payments may increase or decrease if there is a court decision.
According to article 85 of the RF IC, alimony is entitled toadult children with disabilities, therefore payments are due to children with disabilities. They need constant care, and because of the disease they can not support themselves. Disability must be recognized officially. The parent who is caring for the child can receive help.
All kinds of alimentary are subject to indexation.payments, which allows you to respect the rights and interests of the recipients of funds. They will be enough for a normal life, since income must meet modern requirements.
