What is fixed alimony

What is fixed alimony



Fixed alimony is a solidthe amount of money that is determined by a court decision or agreement on the child's maintenance. The cases of fixing alimony are defined in the family legislation of the Russian Federation.





What is fixed alimony


















Instructions





1


Fixed alimony is a specific amountmoney, which the payer of alimony must transfer monthly for the maintenance of the child. This method of determining the alimony is relatively infrequent, usually their size is set as a percentage of the payer's income.





2


Fixed alimony can be seta judicial act adopted on a claim for recovery of alimony. In addition, the parties can themselves determine these payments in a fixed amount when concluding a notarial agreement on the child's maintenance, which is legally equivalent to an executive document.





3


Cases of court determination of alimony inThe fixed amount is established by the current family law. As a rule, such a decision is made by a court if the payer does not have a permanent income, receives an irregular income, receives income in kind or in foreign currency. This list of grounds is not closed, the judiciary is given the right to determine a fixed amount of alimony and in other cases, taking into account the circumstances of each case.





4


Another special case of establishingof fixed alimony is the situation in which a minor child remains with each of the parents during the divorce. In this case, the court establishes the obligation to make a certain amount of money in favor of the less affluent party.





5


The specific amount of alimonydepends on the content that the child had previously, his constant needs. The court compares the incomes of each of the parents, other obligations that may be present at the payer of alimony (for example, the presence of other children, dependents).





6


If a fixed amount of alimony is establishedcourt, this body determines it in a multiple of the amount of the subsistence minimum in the territory of the relevant subject of the Russian Federation. This is necessary for the subsequent indexation of this fixed amount when the subsistence minimum is increased. Indexing can be carried out by bailiffs, a new application to the court for its implementation is not required.





7


If the fixed amount of maintenance paymentsis determined by agreement of the parties, then they have the right to independently establish the order of its indexation. The notary will certify this agreement in all cases if there are no provisions violating the law in it.