Even after the dissolution of marriage, parents are not exempt from duties to provide their own children. If one of them can not live with a child, the means for the content of Chad are charged. What will be the size of the state duty for alimony in 2017, if the lawsuit for aliminal payments to file separately from the divorce statement?
Important! If you yourself disassemble your case on the payment of state duty to alimony, then you should remember that:
- Each case is unique and individual.
- Understanding the fundamentals of the law is useful, but does not guarantee the achievement of the result.
- The possibility of positive outcome depends on the set of factors.
Size of state duty for alimony in 2017
The value of the duty when submitting an application to the court for the recovery of aliminal obligations is 150 rubles. (Article 333.19 of the Tax Code of the Russian Federation). In addition, in some situations are asked not only about holding a child, but also on the content of the parent itself, who raises it, how much is the fee cost to alimony in this case? The tax collection will cost the defendant in 300 rubles.
State duty to reduce the size of alimony
As for the definition of state duty to reduce the size of Aliminations 2017, there are 2 points of view regarding the method of determining the size of the duty for decreasing an aliminal obligations.
- The value of the state duty to reduce the size of the alimony of 2017 is determined depending on the cost of the claim, which, in accordance with the conditions of Part 6 of Art. 91 Code of Civil Procedure of the Russian Federation is calculated based on the amount of money, which decreases the value of the paid aliminal funds, but not more than one year.
Moreover, according to paragraph 1 of subparagraph 1 Art. 333.19 of the Tax Code at the cost of the claim:
- up to 20 thousand rubles. State duty is paid in the amount of 4 percent of the price of a claim, but at least 400 rubles;
- from 20001 rubles. up to 100 thousand rubles. - 800 rubles. Plus 3 percent of the amount that exceeds 20 thousand rubles;
- etc.
For example, the payer of the alimony pays 3 thousand rubles each month, which is 1/4 of its income. With a decrease in the value of an alimony agent to 1/6 of its income, the cost of the claim will be 12 thousand rubles (3 thousand multiplied by four, divided by six, multiply by twelve). The state duty on the recovery of alimony in 2017 will be 400 rubles. (minimum indicator when submitting a claim property Characterwhich is subject to evaluation).
- The size of the state duty is determined on the basis of paragraph 1 of subparagraph 3 of Art. 333.19 of the Tax Code of the Russian Federation, according to which, when applying for a property, which is not subject to assessment and claims of a non-property certificate of duty for individuals equal to 300 rubles.
State duty on the establishment of paternity and recovery of alimony
So, during the filing of a claim for the consideration of the case of a special production, the interested party is obliged to pay the collection - 300 rubles. (Article 333.19 of the Tax Code of the Russian Federation).
One of the directions of this category of cases is the establishment of facts (st.262 of the Code of Civil Procedure of the Russian Federation), among which is distinguished:
- proof of paternity recognition;
- cases on the establishment of related links.
For filing a claim for the recovery of alimony payments, the plaintiff must pay the state duty on cases of recovery of alimony in the amount of 150 rubles. The receipt of payment of duties is applied to the claim (Article 132 of the Code of Civil Procedure of the Russian Federation). As for the tax for registration of the establishment of paternity in the state bodies of the acts record, its size is 350 rubles (Article 333.26 of the Tax Code of the Russian Federation).
Maybe how to decrease, so increase. How to calculate the duty when changing the size of the alimony? The state duty, with a change in the size of the alimony, is calculated from the cost of the claim, that is, from the monetary value to which the size of aliminal payments decreases or increases, and may vary in the amount of from 400 to 60 thousand rubles. (Art. 333.19 of the Tax Code of the Russian Federation).
Questions lawyers
How to calculate the size of the state duty to reduce the size of the alimony?
Answers lawyers
Panteleev Aleksey
NK RF Article 333.19. The size of the state duty in cases considered by the Supreme Court Russian Federation, courts general jurisdiction, global judges
1. For cases considered by the Supreme Court of the Russian Federation in accordance with Civil procedural legislation Russian Federation and legislation on administrative proceedingsThe courts of general jurisdiction, magistrates, the state duty is paid in the following sizes:
1) when applying for a claims of a property nature, an administrative statement of property claims to be evaluated, for the price of the claim:
up to 20,000 rubles - 4 percent of the price of the claim, but not less than 400 rubles;
from 20 001 rubles to 100,000 rubles - 800 rubles plus 3 percent of the amount exceeding 20,000 rubles;
from 100 001 rubles to 200,000 rubles - 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles; from 200 001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles;
over 1 000 000 rubles - 13 200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles;
How to calculate the state duty and reduce the size of the alimony?
Hello, please tell me how I'm better and easier to do?
In 2003, I was divorced with my wife and she filed an alimony. From marriage, we have a son of 2002. R. I awarded alimony in a solid flow of 20 minimum wage. I paid until 2010
In 2010, we agreed, and began to live in a civil marriage, while the wife took the executive list for bailiffs. As I was explained now, suspending, and not stopped production. At the moment we were separated, and the wife petitioned about the resumption of production, while putting an old executive list at the same time. Bailiff, based current law, indexed the size of aliminal payments (based on the old executive Sheet From 2003) and eventually it turned out the amount of payments more than 30,000 rubles per month. My size wages It is about 20,000 rubles per month.
Tell me, please, what topic to contact the court, and how to argue.
Answers lawyers
Budnikova Olga
Hello Dmitry. You need to go to court with a statement to reduce the size of aliminal payments.
In accordance with paragraph 2 of Art. 81 Family Code of the Russian Federation The size of the accumulated alimony can be reduced or increased by the court, taking into account the material or family situation of the parties and other circumstances.
In accordance with paragraph 2 of Art. 114 Family Code of the Russian Federation The court has the right to the claim of the person who is obliged to pay the alimony, to free it in whole or in part from the payment of arrears in alimony, if it establishes that non-payment of alimony took place in connection with the disease of this person or other good reasons And his material and marital status does not make it possible to pay off the resulting alimony debt.
The state duty should be calculated from the price of the claim, that is, from the amount to which the size of the alimony decreases or increases (paragraph 6 of Part 1 of Art. 91 Code of Civil Procedure of the Russian Federation).
How to calculate the size of the state duty, when applying for a decrease in the size of the alimony for two children?
I cry alimony for two children from the first marriage. From the second wife, I have the same two children. I made an application to the court to reduce the size of the alimony. I made an application and gathered all the documents. It remains to pay the state duty, how to calculate it correctly.
Answers lawyers
Kalugina Natalia.
Good day.
The value of the state duty can be determined on the basis of subparagraph 3 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation, according to which, when applying for a claim not subject to assessment, as well as the statement of non-property, the amount of state duty for individuals is 200 rubles.
QUESTION: Is the state license charged when submitting an application for the recovery of alimony? What size is the state-in with the recovery of alimony? Are there any benefits when paying state duty or liberation from the payment of state duty when applying for the recovery of alimony?
ANSWER: The state duty in the recovery of alimony, the size and procedure for its payment, benefits and exemption from the payment of state duty when applying for the recovery of alimony is established by Chapter 25.3 of the Tax Code of the Russian Federation.
According to subparagraph 14 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation, when submitting a statement on cases of recovery of alimony, the state duty is paid in the amount of 150 rubles. If the court decides on the recovery of alimony both on the maintenance of children and the content of the plaintiff, the size of the state fee is doubled.
At the same time, Article 333.36 of the Tax Code of the Russian Federation contains a list of categories of payers who are exempt from the payment of state duty when recovering alimony.
Thus, subparagraph 2 of paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation it was established that the plaintiffs are exempt from the payment of state duty - on claims for the recovery of alimony.
According to paragraph 2 of Article 333.19 of the Tax Code of the Russian Federation, the provisions of this article apply to the features referred to in Article 333.20 of the Tax Code of the Russian Federation.
As follows from subparagraph 8 of paragraph 1 of Article 333.20 of the Tax Code of the Russian Federation, in case the plaintiff exempted from paying the state duty in accordance with Chapter 25.3 of the Tax Code of the Russian Federation, the state duty is paid by the defendant in proportion to the size of the claims satisfied with the court.
That is, the plaintiff, who, in accordance with Chapter 25.3 of the Tax Code of the Russian Federation, was exempt from the payment of state duty, does not pay state duty when applying for the recovery of alimony. This tax fee pays the defendant (if it is not exempted from the payment of state duty) after making a decision, in proportion to the size of the claims satisfied with the court.
Thus, Article 333.19 of the Tax Code of the Russian Federation contains the rules concerning all state duty payers and, therefore, which are common rules with respect to the norms of Article 333.36 of the Tax Code, which, in turn, apply to a clearly defined circle of payers, and is special.
Based on the above, the state duty, when applying for the recovery of alimony, the plaintiff is not paid. When satisfying the claims of the statement of state duty, when recovering alimony should be paid by the defendant.
Insofar as Tax Code The Russian Federation has not been established, which types of alimony applies to this norm, therefore, the plaintiffs (definitions) are distributed when submitting an application (Claim) are exempt from the payment of state duty when applying for the application, in accordance with which will be charged: Alimony for the maintenance of the child (Article 80 of the RF IC) , alimony for the content of the spouse (Article 89 of the RF IC), alimony for the content of brothers and sisters (Article 93 of the RF IC), alimony for the maintenance of grandparents (Article 95 of the RF IC) and others envisaged Family Code RF.
Read also counseling a lawyer for family law:
Submitting documents for divorce, many simultaneously prepare a claim for the recovery of alimony. However, it is not necessary to demand alimony only with a former spouse. If parents who are married live separately and one of them does not take part in the child's life, including in the material provision, the second has the full right to demand the payment of alimony from it.
You can apply for a few years after the divorce. By law, this case has no time limits - while the child does not reach the age of majority, both parents are responsible for its material and psychological well-being. To the lawsuage transferred to the court, you need to make a receipt that you are paid for the state duty for alimony.
Size of state duty in court for alimony in 2018
It should be understood that the state duty on the recovery of alimony may not be charged from the plaintiff. She is taken not for filing a claim, but for the very production and costs associated with it. The size is strictly regulated by law, the calculation is made on the total amount of payments and depends on the specific circumstances and wishes set out in the application, as well as which of which were satisfied with the court. Costs can be assigned to the defendant.
In 2018, the duty on alimony should be paid in such sizes:
- 150 rubles - for a simple application for the recovery of funds only for the maintenance of children;
- 300 rub. - if the statement contains the requirement to pay funds for the maintenance of the child and the mother (this option is possible if the woman brings up a child up to 1.5 years and in some other cases that are agreed by law), the amount of tax increases twice;
- 400 rubles. - If a divorce is submitted at the same time and, you can pay one duty for both processes.
The plaintiff can not pay anything, but this does not mean that the tax is not taken for the trial. All expenses will be reimbursed after making judicial decision Respondent. There are few more cases when the plaintiff and even the defendant is exempt from the payment of tax:
- If a claim is fed to an increase in the size of charged payments or, on the contrary, to reduce them.
- When the statement put forward the requirement to the second parent compensate for expenses for expensive treatment or child operation.
- If an alimony-payer shies away from paying appointed funds or for some reason does not work and cannot pay funds for the maintenance of the child, he is formed by debt. When recovering arrears in alimony, state duty is not paid.
Important! Issues of payment of state duty when recovering alimony to a child, like other taxes, are governed by the Tax Code of our country. This issue is devoted to Art. 333.19, there are also cases of tax paying, as well as its size. Payments are indexed and may vary in accordance with the level of inflation and other financial criteria.
How to pay for state duty to court for alimony?
Nowadays, there are many ways to pay for services, taxes and fees Consider the main of them.
At the register
The simplest, familiar to everyone and used for many years is the payment on the receipt through the bank's cash register, most often Sberbank. It is convenient because for this you need to simply transfer money and receipt to the cashier and get a trip to the coupon, indicating the payment made.
The inconvenience of this method is that it sometimes has to stand in a bank and pay the commission for the perfect operation.
In Terminal
In many banks, including Sberbank, payment terminals are installed, with which you can make a payment. Consultants will tell you how to do it, and will answer the questions that have arisen. The terminal you can pay as a card and cash.
Just as through the terminal, you can pay the state duty for the recovery of alimony to a child in an ATM. Here, not only the receipt is needed, but also a bank card. Money can be translated from the card and for cash. The Commission for such payments is usually not taken.
Online payment
Perhaps the most convenient way is to pay via the Internet. He will save you time and money. Today online payments have become so simple and understandable that they use more than any other. You can pay tax through the public service portal or from the official website of the FTS.
The same, who has a smartphone with a downloaded application of its online bank, will be required to pay literally a few minutes. Most banks provide services in which no commission can pay for fines, duties and other payments.
Receipt
Whatever way you have chosen, you must have the right details. Usually they can be found on the information stands of your judicial authority. They are posted on official sites of the court. If you doubt the correctness of the posted information, specify the information from the staff.
Check if you have such information for payment:
- Recipient (its full name).
- Inn Recipient (can be found on the site).
- OKTMO code (determined at the address of the organization, you can see the Internet, if you know the exact address).
- Payee's bank.
- The recipient's current account to which funds will be translated.
In addition, the payment document should be information and the payer: its surname, name and patronymic, passport address, payment amount and date. In the column "Appointment of payment" you need to write: "State duty for the recovery of alimony to the child." Be sure to save the receipt with checks on payment and bank checks. These papers attach, along with the rest of the documents, to the statement of claim.
Who will have to pay state duty?
By latest changesAdopted in the Tax Code, the appeal to the court with a claim is not subject to a duty. In accordance with this, if the mother appeals to the court with a claim for the recovery of alimony from the former spouse, it may not pay for the tax fee.
The state stands on the protection of the social interests of citizens, especially those who are most vulnerable - the poor, children and the elderly, - namely, to protect them, they are most often treated for the court as the last instance. Therefore, it is logical not to demand compensation for damage. Justice in our country is free, which allows people who want to recover funds for the education of children or elderly parents from their unrelated relatives, especially those who do not have extra funds, to get up to help and restore justice.
However, no one has canceled the state duty to alimony, and the defendant will bear all expenses. In addition to paying to his children, he will be obliged to pay tax. However, among them there are citizens who are exempt from paying duty. These include persons with disabilities of the first and 2nd groups, participants of the wars, the heroes of Russia and the Soviet Union. For all other statelyan, when recovering alimony, the child is mandatory. How much you need to pay, will depend on the extent to which the courts were satisfied with the claims in the claim.
If, after considering the case, the court decides to keep money from the defendant for all the requirements that they were set out in the statement, he will have to pay all taxes completely. If only part of the conditions and the alimates-ends are satisfied, it will have to pay funds not for all, but in several points, then the collection is charged only in accordance with these paragraphs proportionally.
Thus, in almost all cases, the state duty in court for alimony is paid by the defendant, and not the plaintiff. However, sometimes it happens and vice versa. If, for example, a woman decides to divorce her husband and independently applies to the court to terminate the marriage, the division of property and immediately for the payment of alimony, then before submitting documents, it will have to pay the entire tax that will be common to the entire process.
However, not all trialsassociated with alimony are taxed. If the mother decides to change the size of the alimony (that is, to demand, for example, increase payments for children on objective reasons or, on the contrary, to reduce them), the defendant and the plaintiff are exempt from the payment of tax. The same applies to those cases when the father (and sometimes mother) should pay the alimony debt, from which he shied or did not pay for objective reasons.
Sample notice
Duty for the order for the recovery of alimony
In order to pay funds from a former spouse or parent who does not want to be responsible for the upbringing of their children or parents' content, it is necessary to apply for the issuance of a court order. The debtor has the right within 10 days after issuing the order to appeal it. If this happened, then the claim is already applied for the holding of alimony.
The process of issuing an order is also taxed. The plaintiff is freed from him. The state duty on the alimony for the issuance of the order is paid by the debtor. Its size is half of the duty for the property lawsuit.
Thus, when applying for retention of funds from a parent who does not help financially in the upbringing of children, a duty is charged. The payment receipt must be attached to the application and other documents. If the plaintiff, submitted to the court, stands on the side of children and protects their interests, then he will not pay the fee. All costs that carries state Institution per judicial proceedingswill have to compensate for the defendant.
Funds from paying the state duty to the recovery of alimony on a child enter the state budget, for this you need to know the details of the judicial authority, and pay for any convenient way.
For the requirement for the recovery of alimony of state duty in court does not pay (PP. 2 p. 1 Art. 333.36 of the Tax Code of the Russian Federation).
But, in subparagraph 14 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation, it is stated that when submitting a statement for the recovery of alimony is subject to payment of alimony. in the amount of 150 rubles (100 rubles in the previous edition of the article)!
Moreover, in accordance with paragraph 3 of Part 1 of Art. 91 Code of Civil Procedure of the Russian Federation, the price of claim on claims for the recovery of alimony is determined based on complence payments for the year!
So to pay the state duty for the claim for the recovery of alimony?
As indicated above, the requirement for the recovery of the alimony of state duty in court is not paid on the basis of PP. 2 p. 1 Art. 333.36 of the Tax Code of the Russian Federation.
As for the apparent contradiction in the norms of the Tax Code in terms of state duty for the requirements of alimony, the Supreme Court explained that there is no conflict, indicating in the review of the legislation and judicial practice Supreme Court Of the Russian Federation for the first quarter of 2005, the following:
"Article 333.19 of the Tax Code of the Russian Federation contains norms concerning all state duty payers and, therefore, which are common rules in relation to the standards articles 333.36 of the Tax Code of the Russian Federationwhich, in turn, extend to a clearly discharged circle of payers, and is special.
... When deciding on the application of the norms of chapter 25.3 of the Tax Code of the Russian Federation, determining the amount of state duty, and the norms exempting from the payment of state duty certain categories of payers (for example, subparagraph 14 of paragraph 1 of Article 339.19 of the Tax Code of the Russian Federation, which determines the amount of payment of state fees for the recovery of alimony , and the standards of subparagraph 2 of paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation, indicating that the plaintiffs on the claim for the recovery of alimony from the payment of state fees are exempt), should be guided by special standards".
Samples of lawsuit
- Claims for divorce marriage, division of property, recovery of alimony, determining the place of residence of a child
In many cases, the application for alimony is filed together with the statement of marriage. But the alimony can be submitted later.
Even if the husband and wife did not divorce, but they live separately and the spouse does not participate in the upbringing and providing a child, the wife has the right to recover the alimony from him.
Aliminal payments can be accumulated in a certain period of time, the law does not set the deadlines of limitation on the recovery of alimony.
The question remains what the state duty will be on alimony in 2020.
Judicial instances are funded from the state budget, which is replenished from taxes, duties and fees from people for providing services.
For alimony, the state also provides for a duty. Therefore, it is worth understanding which state duty for the recovery of alimony and who should pay it.
In accordance with the Tax Code of the Russian Federation, a person who applies to the alimony to court is not obliged to pay taxes. This rule considers the state fair.
This is explained by the fact that the state positions itself as a social country that takes care of its population.
Such concern is more manifested in relation to weakly protected layers - children, women and old men. They are most often turning to the material help. Therefore, it is not surprising that they have no cash.
In Russia, you can go to court to recover cash, is free.
For free appeal to court influenced such a factor as the accessibility of justice.
After all, a woman with a child will be able to quickly seek help if it does not require extra money. Thus, the state will be able to restore justice faster and help in need. Since a person who submits to the recovery of aliminal payments will not pay taxes.
The state duty on alimony in 2020 will be paid from the ex-husband. But not everyone will pay it, there is a certain group of citizens who are protected from taxes:
State duty for everyone else is paid in different ways in different sizes:
- If the court decided to recover funds from a former husband for the requirements that were declared - taxes will be taken completely.
- In the case when the court decided to fulfill several points from the contract, the collection will be proportioned in proportion to the amount of cash payments.
Understanding the question whether it is necessary to pay state duty when applying for alimony, it should be borne in mind that in some cases it can be recovered from the mother.
This applies to the situation when spouses are still married, and the woman wants to apply for a divorce and alimony payments. Then to file documents in court will need to pay.
People are exempt from paying a collection if:
- it is necessary to recover a penalty or penal with a former husband;
- mother needs an increase in alimony or wants to reduce them in favor of the father of the child;
- it is required to make changes in favor of the father of the child.
In accordance with the legislation, the amount of state duty depends on valuation The statement of claim, and the amount of payments for the last calendar year is taken into account.
The size of the state duty to the alimony is quite difficult to establish. It will differ for different cases. But you can calculate the state duty approximately.
Taxes for the state may be accrued in different ways:
- If the price claim does not work, when applying for alimony, you need to pay 300 rubles and submit a receipt of payment. This amount is held in the case when non-property payments are considered.
- In most cases, to recover the alimony from the former spouse, they open ordinary production. Then the state duty is held in the amount of 150 rubles when submitting an application.
- If the application for alimony is filed together with a statement for divorce, the plaintiff pays the state fee in common order - 400 rubles. Such a situation does not provide for exemption from payment.
- In the case when it comes to the state duty for issuing a court order for the recovery of alimony, the payment is not required. Since the issuance of the order means performing a significant action, and not consideration of the requirements. Such statements can be filed for free.
In order not to pay the state duty to alimony, parents can conclude an agreement on the payment of alimony on a voluntary basis.
In the case when difficulties arise with the definition and fixation of permanent aliminal payments, then it will have to submit a lawsuit to the court for the recovery of alimony.
In accordance with the legislation, in order for the court employee to accept, examined and ruled, decorated in writingwhere all the nuances of the broken-separated process are prescribed, the state fee will have to pay.
It should be borne in mind that its size can change every year.
At the moment, the state does not provide for the calculation of state duty with a decrease in the size of the alimony. In this case, you can apply several options.
The first option provides for the definition of state duty to reduce alimony, based on the total amount of payments for the year. Namely:
The second option is applied in the case when property is noteworthy. If a woman wants to apply to the court, 300 rubles will be kept from it.
When clarifying how much it costs to apply for cash, some nuances should be taken into account.
For example, for a low-income population, the state provides an opportunity to apply for cash payments for free.
A duty is also superimposed to reduce the size of alimony, it can be calculated in several ways.
There is a certain procedure for payment of state duty for alimony.
First of all, you need to get details for its payment. You can find them on the information booth in judicial institution or on his official website.
Details include the following data:
You can make payment by any way, each chooses the most convenient for themselves:
- Through the bank of the bank. The payer addresses the bank with the already filled with a receipt or necessary details. On their foundation will be transferred. It will also be necessary to submit a passport, cash or bank card.
- Cashless payment using an online bank. In the presence of personal Cabinet, Mobile device or computer, you can independently calculate the size of the state duty, to pay and print the screenshot of the operation.
- With ATM Cash money or bank card.
The receipt of payment of state fee must be attached to the statement of claim.
Appeal to the court to protect the interests of your child - the case is quite common. Not all parents are conscable and often forget about the duties to provide financial assistance to their children.
To recover alimony, you need to apply to the court on issuing a court order. If the debtor appeals it for 10 days from the date of receipt, then it will have to submit a claim for the recovery of alimony.
Submitting judicial orders and claims On the recovery of alimony, the receipt should be attached to the payment of state fee.
The plaintiffs are exempt from its payment. Therefore, the state duty will be paid by the defendant. This concerns and submit an application for issuing a court order.
State duty for judicial order The extradition of alimony will be 50% of the sizes of state duty, which is charged when applying for a claims character. This amount will be paid by the debtor.
Thus, when applying for alimony, you need to pay state duty, as it is a payment that compensates for state legal costs.
Received funds from paying state duty are transferred to the state budget. The payment must be translated into a certain account, the details of which can be found in the courts on information stands.
If the plaintiff represents the interests of children, and not their own, then the defendant will pay for state duty.