The need to recalculate the alimony arrears may arise when their payment is delayed, as well as when determining their size in a fixed amount. The rules for recalculation in both cases are established by the family legislation of the Russian Federation.
The obligation to pay child support usually continues for an extended period of time. Thus, the Family Code of the Russian Federation establishes a general basis for the termination of such an obligation, which is the child's attainment of majority or full legal capacity on other grounds provided for by law. Consequently, these payments should be recalculated for inflation from time to time when they are determined as a lump sum (and not as a percentage of the parent's income). In addition, not all parents are conscientiously fulfilling their obligation to pay alimony, therefore, arrears on these payments are sometimes recalculated taking into account the penalty for late payment.
How to recalculate arrears in case of late payment of alimony?
The family legislation of the Russian Federation proceeds from the need to ensure an increased level of protection of the interests of minor children, therefore, in every possible way, it encourages parents to conscientiously fulfill the obligation to maintain them. An element of such incentives is an increased forfeit, which is charged in case of delay in the payment of alimony. The amount of the specified forfeit is half a percent of the amount owed for each day of delay. It is on the basis of this rule that the alimony arrears should be recalculated. Within every thirty days, the debt will increase by fifteen percent, and a long delay will entail a constant increase in the penalty due to an increase in the total amount owed.
How is child support indexed?
The need to recalculate alimony also arises when they are determined by the court in a fixed amount. This method is used, as a rule, when the payer does not have a regular confirmed income. The basis for recalculation in this case is the size of the subsistence minimum, determined for a particular region. When establishing the amount of alimony, the court does not simply indicate a fixed amount of money, but establishes a multiple value in relation to the subsistence minimum in the relevant subject (for example, one and a half size of the subsistence minimum). Subsequently, bailiffs independently recalculate the amount of debt and increase the amount of periodic payments with an increase in the subsistence level in a particular region.
