Alimony in a fixed amount

Alimony in a fixed amount

Alimony, collected from the payer by the court in a fixed sum of money, represents payments of a strictly defined amount of money, a multiple of the subsistence level for a child of the corresponding age. In addition, strict child support can be established by voluntary agreement if it is convenient for both parents.

As a rule, the judge takes such a measure if the payer has some problems with income, for example, he receives a salary in foreign currency, in kind, or does not have a job at all.

This method is also used when assigning maintenance to a former man or an adult disabled child. In standard cases, alimony is assigned as a share of income.

Calculation of alimony in a fixed amount

In order to establish the amount of alimony in a fixed amount, certain circumstances must exist, both on the part of the recipient and the payer.

Recipients for whose maintenance payments are assigned may be:

  • ex-husband (disabled, on maternity leave or leave to care for a child under three years of age, caring for a disabled minor child or a group I disabled child);
  • adult but disabled children (disabled people).

In order for the last condition to be recognized as significant and have significance when making a court decision to collect alimony in a fixed amount, it is necessary to collect and provide evidence of the following facts:

  • child over 18 years of age;
  • he is disabled and unemployed;
  • the child needs constant care.

Medical and judicial certificates and opinions, as well as other official documents on the situation, are used as evidence.

Payer:

  • there is no permanent job and official, regular income;
  • has income, but receives it in foreign currency or in kind (for example, from the products of the enterprise where he works);
  • Also, this form of accrual is established when otherwise contradicts the interests of one of the participants in legal relations.

Amount of alimony in a fixed amount

The amount of alimony in a fixed amount is calculated as a multiple of the subsistence minimum. As a rule, the indicator established in the corresponding region is taken into account.

In this matter, the court must first of all be guided by the interests of all participants in the case and the need to preserve the child’s standard of living as close as possible to the usual one.

When filing a claim with the court, the applicant must independently calculate the desired amount and submit as many documents as possible justifying its amount.

There are also factors due to which the amount of alimony in a fixed amount cannot exceed the minimum value. For example, when children are born in the payer’s new family or his ability to work is limited.

Advantages of calculating alimony in a fixed amount

It is impossible to clearly call this method of calculating payments the best or, on the contrary, undesirable.

Its advantages include the ability to deviate from the standard formula for calculating amounts for alimony as a share of income. However, in the latter case, the procedure itself will be much simpler, while the matter of setting a fixed amount must go through a number of mandatory stages. Therefore, in practice, it drags on and is generally quite tedious for the parties.

Also of some importance is the need to index alimony, intended in a fixed amount. This is due to the fact that the cost of living changes periodically. Following this, the payment amounts must be transferred. Adjustments are made, as a rule, once every six months, and changes in the level of wages in some industries are made much less frequently.

However, the size of the adjustments is quite small and does not have a significant impact. This method can be preferred if the payer’s regular income is less than the subsistence minimum or if he himself hides a significant part of his earnings.

Alimony in a fixed amount: results

Alimony in a fixed amount is assigned in an amount that is a multiple of the subsistence minimum. This happens under the following conditions:

  • the ex-husband has a total or temporary disability;
  • an adult child has a disability, is unable to work and needs constant care;
  • the payer does not have a permanent income or receives it in foreign currency, in kind.

All circumstances that may affect the case must be documented.

It is impossible to affirmatively call this method better or worse; it has both advantages and disadvantages. The nuances of calculating a fixed amount of payments and collecting it in court are determined by the prevailing conditions in each specific situation.

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