✅ Alimony in firm cash

Alimony in firm cash

How is the amount of the alimony determined in a fixed amount?

At the request of the recipient, the court determines the amount of the alimony in a fixed amount.

The use of the term “application” by the legislator raises questions, since the use of such a term is typical for the consideration of cases in the order of an order or separate proceedings.

A systematic analysis of family and civil procedural legislation gives grounds for the conclusion that an application for the recovery of alimony is filed in the order proceeding as an application for the issuance of a court order for the recovery of alimony.

Consideration of Cases on Establishing the Amount of Alimony in a Fixed Amount in Court

In a claim proceeding, a statement of claim for the recovery of alimony is filed with the court.

To consider a case in a special proceeding, it is necessary to establish the absence of a dispute about the right, therefore, as a rule, disputes about the recovery of alimony in a fixed amount of money are considered by the court in the manner of a simplified action procedure.

This is due to the fact that there is often a dispute about the right to alimony and the amount of alimony.

Our lawyers advokat-skriabin.com are often asked the following questions: how to calculate the indexation of alimony in Ukraine? Application for the indexation of alimony in Ukraine. How to determine the amount of alimony in a fixed amount? How much alimony does an unemployed person pay in Ukraine 2021? How to get the payment of alimony in a fixed amount?

Reasons for collecting alimony in a fixed sum

In a fixed sum of money, the court determines the amount of alimony, taking into account the circumstances that are indicated in Art. 182 of the Family Code.

Choosing such a method as collecting alimony in a fixed amount, the recipient of alimony needs to substantiate his claims.

As a rule, such a requirement is due to the fact that the alimony payer has an irregular, unstable income, receives part of the income in kind, and the like.

However, any other circumstances of significant importance, referred to by the plaintiff and established by the court, are also taken into account when determining the amount of alimony for the maintenance of a child in a fixed amount.

The recipient of alimony in a lawsuit may change the method of collecting alimony, which was previously determined by a court decision.

Indexation of the amount of alimony

The amount of alimony, determined by the court or by agreement between the parents in a fixed amount, is subject to indexation annually in accordance with the law, unless the payer and the recipient of the alimony have agreed otherwise.

According to Art. 1 of the Law of Ukraine “On the Indexation of Cash Incomes of the Population” The indexation of cash incomes of the population is a mechanism for increasing cash incomes of the population established by laws and other normative legal acts of Ukraine.

Indexation makes it possible to partially or completely compensate for the rise in prices for consumer goods and services.

According to par. 7 h. 1 tbsp. 2 of the Law of Ukraine “On the Indexation of Cash Incomes of the Population”, the cash incomes of citizens received by them in hryvnia on the territory of Ukraine and not of a one-time nature are subject to indexation. In particular, the amount of alimony determined by the court in a fixed sum of money.

The indexation of the amount of alimony determined by the court in a fixed amount is carried out at the expense of the alimony payer (part 7 of article 5 of the Law of Ukraine “On the indexation of monetary income of the population”).

According to Part 2 of Art. 9 of the Law of Ukraine “On the Indexation of Cash Incomes of the Population”, the indexation of the amount of alimony determined by the court in a fixed amount is carried out by enterprises, institutions, organizations, individuals, individuals – entrepreneurs who make the appropriate deductions of alimony from the income of the alimony payer.

The amount of indexation of alimony in a fixed amount

The indexation amount is determined as the result of multiplying the monetary income subject to indexation by the value of the increase in the consumer price index, divided by 100%.

The procedure for indexing the population’s monetary income, approved by the Cabinet of Ministers of Ukraine dated July 17, 2003 No. 1078, stipulates that the increase in the monetary income of citizens in connection with the indexation is carried out from the first day of the month following the month in which the consumer price index is officially published.

Indexation of monetary incomes of the population is carried out when the value of the consumer price index has exceeded the indexation threshold, which is set at 103 percent.

The consumer price index is calculated by the State Statistics Service and, no later than the 10th day of the month following the reporting month, is published in official periodicals.

According to par. 2 p. 4 of the Procedure for indexing the monetary income of the population, the amount of alimony determined by the court in a fixed sum of money is indexed within the subsistence minimum established for able-bodied persons.

The procedure for indexing the amount of alimony

Clause 10.4 of the Procedure for indexing money incomes of the population assumes that the calculation of the consumer price index for indexing the amount of alimony determined by the court in a fixed amount of money is made from the month in which the alimony was appointed.

For alimony, determined by the court in a fixed amount, were intended for June 2016, the calculation of the consumer price index for indexation is carried out from the date of entry into force of the Law of Ukraine dated May 17, 2016 No. 1368-VIII “On Amendments to Certain Laws of Ukraine on Indexing the Size alimony determined by the court in a fixed amount “, that is, from June 12, 2016

In this case, the amount of alimony determined by the court in a fixed amount, together with the amount of indexation, should not exceed 50 percent of the monetary income of the alimony payer.

At the request of the recipient of alimony, indexation can be carried out by the court for a different period. In the ruling of the Civil Court of Cassation of the Supreme Court of May 10, 2018 in case No. 2-1161 / 2011, it is noted that, starting from June 12, 2016, the amount of alimony determined by the court in a fixed amount of money belongs to the objects of indexation.

For alimony determined by the court in a fixed amount, they were intended for June 2016, the calculation of the consumer price index for indexation is carried out from the date of entry into force of the Law of Ukraine dated May 17, 2016 No. 1368-VIII “On Amendments to Certain Laws of Ukraine on Indexing the Size alimony determined by the court in a fixed sum of money ”.

Disputes on the indexation of cash income are subject to judicial review. Since from September 2004 to June 12, 2016 a special law on the indexation of alimony was not adopted, and in Ukraine the Law of Ukraine “On the indexation of money income of the population” was in force, the local court, with the conclusions of which the court of appeal also agreed, having established that the case was being considered by the court with September 2004

And the final court decision on the recovery of alimony was made only in June 2017 to recover alimony from the defendant in a firm sum of money, however, for the entire period of delay in the payment of alimony, indexation was not carried out due to the court’s consideration of the case for more than 12 years, reasonably satisfied the claim PERSON_3 applying the analogy of the law.

In part 2 of the commented article, it is determined that the amount of alimony, determined by agreement between the parents in a fixed sum of money, is also subject to indexation, unless the payer and the recipient of the alimony have agreed otherwise. However, the current legislation of Ukraine establishes the procedure for indexing the amount of alimony determined by the court in a fixed amount.

So, the court can apply these provisions of the law by analogy with the law to the indexation of the amount of alimony, determined by agreement between the parents in a fixed amount.

The procedure for issuing a court order for the recovery of alimony

The parent or other legal representative of the child with whom the child lives has the right to apply to the court with an application for the issuance of a court order for the recovery of alimony in the amount of 50 percent of the minimum subsistence level for a child of the corresponding age.

According to clause 5 of part 1 of Art. 161 of the Code of Civil Procedure, a court order may be issued if a claim is made to recover alimony for a child in a fixed amount of 50 percent of the subsistence minimum for a child of the corresponding age, if this requirement is not related to the establishment or contestation of paternity (motherhood) and the need to involve other interested parties …

According to Part 1 of Art. 172 Code of Civil Procedure, a court order issued in accordance with paragraph 5 h. 1 Art. 161 Code of Civil Procedure, comes into force on the day of its issuance.

Family Alimony Lawyer

The best solution in disputes about the establishment of the amount of alimony in a fixed amount is to contact experienced lawyers in the field of family law.

Alimony lawyer:

  1. will consult on your question;
  2. will help to determine the best option for solving the case;
  3. prepare all the necessary documents;
  4. will accompany you throughout the entire trial.

Our lawyers will do everything necessary for a quick and high-quality completion of the case!

Alexey Skryabin
family lawyer
Contacting us is a way to save time and money in resolving the issue of establishing the amount of alimony in a fixed amount.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in solving a case for establishing the amount of alimony in a fixed amount is to contact good family lawyers!

Is the amount of the alimony in flat money fixed?
What are the reasons for establishing the amount of alimony in a fixed amount?
How to change the method of collecting alimony?
What is the purpose of indexing the amount of alimony in a fixed amount?

Useful site materials advokat-skriabin.com:

  1. Alimony after divorce
  2. The procedure for collecting alimony for a child
  3. Alimony as a share of earnings
  4. Additional costs for the child
  5. Exemption of parents from paying alimony
  6. Agreement between parents on the payment of alimony
  7. Reducing and increasing the amount of alimony
  8. Child support for adults
advokat-skriabin.com

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Checked by Victoria on 23.06.21

ADVEGO

alimony 63 5.19
cash 49 4.03
indexing 40 3.29
amount 36 2.96
hard money 35 2.88 / 8.64
amount of money 33 2.72 / 5.43
hard cash 33 2.72 / 5.43
solid 33 2.72
size 31 2.55
the amount of alimony 31 2.55 / 5.10
court 27 2.22
income 19 1.56
Ukraine 17 1.40
cash income 16 1.32 / 2.63
alimony solid 15 1.23 / 2.47
hard cash alimony 15 1.23 / 3.70
alimony firm sum 15 1.23 / 4.94
indexation of money income of the population 15 1.23 / 4.94
Law 14 1.15
by the court as a firm sum of money 14 1.15 / 4.61
collection 12 0.99
define 12 0.99
trial firm 12 0.99 / 1.98
hard cash court 12 0.99 / 2.96
recovery of alimony 11 0.91 / 1.81
household income 11 0.91 / 2.72
household income 11 0.91 / 1.81
cash indexation 11 0.91 / 1.81
indexation of cash income 11 0.91 / 2.72
indexing size 11 0.91 / 1.81
indexation of the amount of alimony 11 0.91 / 2.72
population 11 0.91
order 10 0.82
holding 10 0.82
indexation 10 0.82 / 1.65
Ukrainian law 9 0.74 / 1.48
article 9 0.74

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SKRIABIN
Is the amount of the alimony in flat money fixed?
No, the amount of alimony in a fixed amount changes annually as a result of indexation.
What are the reasons for establishing the amount of alimony in a fixed amount?
Frequent reasons for establishing the amount of alimony in a fixed amount are irregular, unstable income of the payer, receipt of income in kind.
How to change the method of collecting alimony?
The recipient of the alimony can change the way the alimony is collected in the court.
What is the purpose of indexing the amount of alimony in a fixed amount?
Indexation makes it possible to partially or completely offset the rise in prices for consumer goods and services.