Fixed support is a fixed amount of money that is determined by a court decision or child support agreement. The cases of establishing fixed alimony are defined in the family legislation of the Russian Federation.
Instructions
Step 1
Fixed alimony is a specific amount of money that the alimony payer must transfer on a monthly basis to support the child. This method of determining alimony is used relatively infrequently, usually its amount is set as a percentage of the payer's income.
Step 2
Fixed alimony can be established by a judicial act adopted on a claim for the recovery of alimony. In addition, the parties can themselves determine these payments in a fixed amount when concluding a notarial agreement on the maintenance of the child, which is legally equated to an executive document.
Step 3
Cases of determination by the court of alimony in a fixed amount are established by the current family legislation. As a rule, the court makes such a decision when the payer has no permanent income, receives irregular income, receives income in kind or in foreign currency. This list of grounds is not closed, the judicial authorities are given the right to determine a fixed amount of alimony in other cases, taking into account the circumstances of each particular case.
Step 4
Another particular case of the establishment of fixed alimony is a situation in which a minor child remains with each of the parents upon divorce. In this case, the court establishes the obligation to pay a certain fixed amount in favor of the less wealthy party.
Step 5
The specific amount of alimony exacted by the court depends on the content that the child had previously, his constant needs. The court compares the income of each of the parents, other obligations that the alimony payer may have (for example, the presence of other children, dependents).
Step 6
If a firm amount of alimony is established by a court, then this body determines it in multiples of the subsistence minimum in the territory of the corresponding constituent entity of the Russian Federation. This is necessary for the subsequent indexation of the specified fixed amount when the living wage changes upward. Indexation can be carried out by bailiffs; a new appeal to the court is not required for its implementation.
Step 7
If a fixed amount of alimony payments is determined by agreement of the parties, then they have the right to independently establish the procedure for its indexation. The notary will certify the specified agreement in all cases in the absence of provisions that violate the law.
