How is alimony paid?
Family law prudently allows former spouses to determine the procedure and conditions for alimony payments themselves. By mutual agreement of the two parties, a written agreement is concluded with further certification by a notary.
The document is valid and, if the payer violates the provisions, it can be sent to the bailiffs for direct execution. If it is impossible to resolve the issues peacefully, the court comes into play.
In accordance with the provisions of the law, child support is calculated in the form of certain percentages of wages and income from other activities. It is allowed to pay a certain fixed amount as alimony. If the payer refuses payments ordered by the court, the funds are collected forcibly.
A forced withholding procedure involves requiring the transfer of funds determined by the court from the debtor’s employer or from the bank in which the payer’s savings are kept . Bailiffs have the power to seize property or prohibit travel abroad; the debtor risks losing his driver's license.
If the payer has an official place of work, the writ of execution will be sent to the employer. The accounting department makes a monthly deduction of amounts determined by the judicial authorities from accrued salaries.
These payments are transferred to the bank, and from there, according to the accounting order, to the final recipient representing the interests of the child.
After the payer is dismissed, the writ of execution is returned to the claimant for transfer to a new place of work. The accounting department will begin calculating alimony immediately after it is received. In this case, payments are automatically restored.
Alimony is withheld from the income of persons engaged in self-employment, leasing premises, and receiving dividends from creative and advocacy activities.
Termination of hold
Child support obligations are valid until the child reaches the age of majority, but can be terminated earlier for objective reasons - the death of the payer or the child.
In addition, alimony obligations terminate when:
- The child will be adopted by another parent.
- The adult recipient of alimony will regain his ability to work or marry.
If, at the time the child reaches adulthood, the payer has arrears of alimony, then the withholding does not stop until it is repaid.
When dismissing a payer, the employer is obliged to notify the bailiff within 3 days, and also hand over the writ of execution to him (in accordance with Article 111 of the RF IC and Article 90 of Federal Law No. 229).
How are alimony claims satisfied: order of payment
Civil legislation reflects the mandatory requirement for priority satisfaction of claims for alimony payments and payments aimed at compensation for harm to health.
Collection of alimony can occur on the basis of receipt of a writ of execution, or the basis will be a personal statement of the employee. The writ of execution serves as the basis for automatic withholding of alimony and does not require the consent of the payer.
It contains information about the amounts to be collected and the recipient's details. If the payer works simultaneously in different places, the claimant must send copies of the writ of execution to all organizations in which the alimony payer works.
If an accounting employee improperly performs his duties: untimely withholding of alimony or no accruals at all, criminal liability may arise.
All other payments, including wages and royalties to creative workers, are paid secondarily. Next comes the payment of taxes and other bills. Even if the alimony payer has obligations under two or more writs of execution, the payment scheme remains the same.
You should keep in mind the provision of the Code of Civil Procedure of the Russian Federation on property that cannot be recovered under executive documents. Such property includes the only housing, personal belongings, food, etc.
State compensation, as well as alimony (if received by the alimony payer himself) cannot be taken into account for collection. One of the main details of the order to the bank is the “order of payment” column.
The bank can write off funds from the payer’s account only in accordance with the specified (established) priority. Otherwise, banking transactions will not be carried out.
In certain circumstances, it is possible for the parties to agree to transfer funds in a certain fixed amount or another payment procedure.
By decision of the court, the amount of payments may be increased or, conversely, reduced.
Property (car or real estate) can be provided as alimony.
The conclusion of an agreement implies indexation of the amount of amounts paid in accordance with the law.
From what income is alimony withheld?
The full list of income from which child support can be withheld is indicated in Decree of the Government of the Russian Federation No. 841 of 1996.
Federal Law No. 229 “On Enforcement Proceedings” contains a list of exceptions, that is, income from which alimony payments are not collected. These include:
- Compensation within the framework of labor legislation.
- Compensation for the loss of a breadwinner.
- Payments to those injured and their family members.
- Insurance payments.
- One-time assistance.
- Amounts of compensation for the cost of vouchers (except for tourist ones).
The main source of alimony is wages for the period of alimony obligations.
Payment order when transferring alimony funds by the employer
In the accounting order to the bank there is a column containing information about to whom and in what order the funds will be transferred. Alimony in the payment order is indicated in paragraph 21. The accountant must indicate the number 1 next to this paragraph. This means that these payments must be made first.
All other payments, including:
- payment of taxes;
- payment of salaries to employees;
- contributions to the pension fund;
- insurance
are paid according to the procedure specified by the employer in case of insufficient funds in the company’s account.
The payment order to the bank must reflect the amount collected from the following payments:
- accrued salary;
- fees for media workers;
- monetary rewards;
- additional payment for processing;
- salary supplement.
Payments for meal compensation and travel allowances are not subject to withholding of alimony.
The amount of alimony is determined by the court and in most cases ranges from 25 to 50% of the amount earned (depending on the number of children). If there is debt, it is possible to withhold 70% of the salary.
How is the order of payment determined when paying in cash?
There are several ways to pay child support. This can be a cash payment, postal mail or transfer of money to a card. With the voluntary settlement of all issues related to alimony, it is possible to transfer money from hand to hand.
If the alimony payer has a conscientious attitude towards fulfilling his duties, this method has clear advantages.
A properly drafted written agreement concluded by the parties to the agreement is intended to serve as a kind of guarantor of the fulfillment of obligations undertaken by both parties. The main evidence of the transfer of cash can be a receipt; it confirms timely payment and is a document in court.
Its absence may lead to repeated collection after the recipient applies to the judicial authorities. The receipt must be written by the recipient and contain the passport information of both parties. It must indicate the date and time of receipt and the amount of the amount. Be sure to indicate the purpose of the payment and the period for which the funds were deposited.
The law does not prohibit a lump sum payment for an extended period of time (a year or more). If the fact of transfer of money is confirmed by additional signatures of witnesses, this will serve as an alternative to registering the document with a notary.
Paying in cash eliminates possible delays and additional payments in the form of commissions. You can pay at once for a significant period of time.
No litigation or legal fees are required. A notarized voluntary agreement will serve as insurance against troubles associated with violation of agreements.
Despite the fact that the payer needs the receipt most of all, it is better to make it in two copies: one from the payer, the second from the recipient. These documents will serve as conclusive evidence of the fulfillment of the alimony agreement.
