Do they have the right to withhold alimony from a military pension?

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All military personnel of the Russian Federation are subject to the laws of the country, therefore they must pay alimony to support minor children after a divorce. Alimony is calculated from any type of military income, including pensions. Former spouses can conclude a peace agreement with each other with a fixed amount of alimony and have it certified by a notary.

If the debtor refuses financial responsibility, then the monthly collection of alimony can be ordered by a court decision and will be withheld automatically. This article examines in detail the question of how alimony is paid from the pension of a former military man and how to arrange it.

Withholding alimony from a military man's pension - is it possible or not?

After a divorce in a family in which there are minor children, one of the spouses takes them into care, and the other undertakes to help financially. In case of a peaceful agreement between the parents, the agreement can be concluded in the presence of a notary. From the moment the papers are signed by both parties, the alimony agreement becomes legally binding.

Attention! If one of the parents with whom the children remain cannot agree on alimony in this way, then he has the right to file a claim with the court. As a result of the court proceedings, part of the defaulter's income will be automatically withheld and then transferred to dependents.

Military personnel receive alimony from such sources of income as:

• monetary allowance;
• salary;
• allowances and bonuses;
• severance benefits;
• military pensions.

Alimony from a former serviceman's pension is paid in the same manner as for other citizens of the Russian Federation , since pension benefits are one of the possible types of income.
A military serviceman's disability pension is not a reason to relieve responsibility for withholding alimony.

Exemption from alimony

It depends on whether alimony was paid in court or by agreement. If according to the court, then the reasons for termination of alimony obligations may be:

• Death of one of the parties;
• The child reaches 18 years of age or is previously recognized as legally competent;
• If alimony is transferred to a disabled person, then upon recovery it stops;
• If the dependent has entered into a subsequent marriage;
• The minor child was adopted by another person.

If the payment of alimony is carried out by agreement of the parties, then termination may occur:

• When the child reaches a certain time date (for example, the child graduated from school);
• The agreement itself has lost force (for example, the document has expired);
• Death of either a soldier or a child.

Separately, the court considers options when a person cannot pay alimony due to disability or loss of legal capacity. However, not any disability group can cause termination of obligations. This usually applies to groups 1 and 2. In this case, the court has the right to reduce alimony or simply exempt from payments.

From what part of the pension is alimony paid?

If a peace agreement was not concluded between the parties after the divorce, then the court will impose a mandatory recovery from the income (pension) of the alimony in the amount of:

• 25% for one child;
• 33% for two;
• 50% for three or more.

Alimony will be withheld from all sources of income even if the former military personnel is officially employed. The amount of financial support cannot be less than 30% of the subsistence level of a minor citizen of the Russian Federation.

In the case of a peaceful agreement, the alimony provider can, at his own discretion, increase financial assistance, as well as additionally help the child by buying clothes, toys, paying for education and other needs.

Terms and cost of registration

Depending on the method used for processing alimony from a military pension, the amount of time and financial expenses may differ:

• One of the least expensive options is to establish support for a person in need through a voluntary agreement. The entire registration process can be completed within 24 hours. But the parties to the transaction may need up to several days to reach an agreement on controversial issues. For certification by a notary of a document on the withholding of funds from a serviceman’s pension, you will have to pay 250 rubles (state duty established by Article 333.24 of the Tax Code of the Russian Federation) and from 1 thousand rubles for technical services.
• Another option for claiming alimony from a military salary for the maintenance of a disabled family member, which does not require significant investments, is to apply to the magistrate’s court to obtain an order. The state duty in this case is 150 rubles and is established by Art. 333.19 Tax Code of the Russian Federation. After filing the application, the court issues a verdict within 5 days, of which the military serviceman and the claimant of payments for the maintenance of needy persons are notified. The decision comes into force 10 days after the alimony obligee receives a copy of the order.
• Filing a claim to recover funds from a military pension involves a state fee of 150 rubles. In practice, additional expenses are often required to attract legal specialists. Therefore, costs can increase to several thousand.

IMPORTANT
Regarding the timing, when filing a claim in court to receive alimony from a military personnel pension, you must take into account that the first trial is scheduled within a month. This is already more than in the case of an agreement or order. If one trial was enough to make a satisfactory decision, you will have to wait another month, which is allotted to the payer for an appeal (Article 321 of the Code of Civil Procedure of the Russian Federation). Only after this the verdict comes into force.

Who is entitled to payments?

Child support is levied not only to provide for a minor child, but also for an incapacitated parent . According to Article 87 of the RF IC, children over 18 years of age who are able-bodied citizens are responsible for financially helping their parents if they are in need and are not able to work.

This is possible if the parent is disabled or retired and needs constant care. In this case, he can sue the child, which will oblige him to pay financial assistance for the maintenance of the plaintiff.

Attention! The defendant retains the right to file a counterclaim with his own objections, invite witnesses to testify and claim a reduction or exemption from alimony.

Arbitrage practice

For the most part, almost all demands for the collection of alimony from military personnel under a contract are fully satisfied.

Exceptions are possible only in cases where:

• the father voluntarily paid child support in full and every month;
• the defendant filed a counterclaim to challenge paternity and it was granted.

The status of a military serviceman under a contract does not in any way affect the collection of alimony, unless careful identification of all income is necessary.

Example. Citizen P.V. in accordance with the writ of execution, he was obliged to pay alimony for the maintenance of his daughter P.A. In June 2014 being a military serviceman, P.V. was retired. Citizen V.I. went to court with a demand to recover from P.V. arrears on alimony obligations from July 2014 to February 2020. pointing out that from the amount of P.V.’s pension No funds were withheld at this time.

The court decided: To oblige the bailiffs to transfer the writ of execution to the pension fund to withhold 50% of V.P.’s pension. until the debt is fully paid, then reduce the amount of payments for the maintenance of P.A. up to 25%.

In what cases is it possible to reduce the size?

According to the court ruling, the amount of alimony is fixed. But this amount may change due to various reasons. Accordingly, both former spouses can file a claim to review the amount of alimony.

A reduction in the amount of alimony may occur if the payer’s financial situation or health deteriorates, which affects his ability to work. The appearance of children from a new marriage may also be a reason for filing an application to review the amount of alimony . The court deals with each specific case on an individual basis.

Legislative acts regulating the payment of alimony by military personnel

The main laws that specify the payment procedure, rights and obligations of the payer are:

• Family Code of the Russian Federation;
• Federal Law No. 229 of 1997 “On Enforcement Proceedings”;
• Decree of the Government of the Russian Federation No. 841 of 1996 “On the list of types of wages and other income from which alimony for minor children is withheld.
• Federal Law No. 76 of 1998 “On the status of military personnel”;
• Federal Law No. 306 of 2011 “On monetary allowances for military personnel and provision of individual payments to them.”

Based on these documents, the amount of payments, the procedure for their transfer and measures of influence on non-payers of alimony are determined.

How are payments withheld?

A voluntary agreement between spouses makes it possible to independently determine the amount and timing of financial assistance. But the amount of alimony should not infringe on the interests of the child. Former military personnel can pay alimony in person against a signature. Another option is to apply to the relevant authorities to have money withheld from each pension.

If the former spouses do not come to a consensus on alimony, then the parent in whose care the minor child remains has the right to go to court to demand that the amount of assistance be established and oblige the debtor to pay it. The procedure for considering a case for former military personnel is the same as for other citizens.

If the alimony provider ignores payments, he will be held administratively liable. According to the legislation, the debtor may be subject to a penalty in the amount of 0.1% for each day of delay in financial assistance or the right to drive a car may be limited.

Amount of alimony payments

The amount of alimony for military personnel is indicated in a signed voluntary agreement or writ of execution. Only the court can change the assigned percentage of payments.

Court decisions, based on the stable salaries of military personnel and their positions, establish not a fixed amount of payments, but a percentage of income:

• One child – 25%.
• Two children – 33%.
• Three or more children – 50%.

In cases where payments are made to spouses, ex-spouses, or adult children with disabilities, a fixed amount may be collected.

Regarding the issue of late and arrears of payments, practice in such cases shows that alimony always comes in the prescribed amount and on time.

How to apply for deduction from a military pension

Before filing a claim with the Magistrates' Court, the applicant must collect all documents justifying the need to pay alimony. Since the plaintiff is faced with the task of guardianship of a minor child, this must be confirmed by a certificate from the social protection authorities. You can also pick up the document at the employment center.

After the court makes a decision and issues a writ of execution, a copy of the document is sent to the Pension Fund, which makes monthly payments to the debtor. A note is made in the administrative body and in the future part of the funds will be withheld from the alimony provider’s pension with their further transfer to the account of the plaintiff (child’s guardian).

If the military man is still in the service, then the corresponding document can be sent by registered mail to the military unit.

Important! Applicants often have to monitor the work of bailiffs to the best of their ability. Only by taking active steps can you speed up the start of alimony payments.

List of documents

The plaintiff must draw up an application for financial support from a relative.

The package of documents must include copies of the following documents:

• marriage certificates;
• divorce certificates;
• child's birth certificate;
• applicant’s passport (sheets with registration and marriage registration);
• defendant's passport;
• documents confirming the solvency of the plaintiff and defendant;
• a document indicating the place of residence of the alimony holder;
• certificate from the child’s place of study.

It would also be useful to supplement the package of papers with receipts related to the maintenance of a minor child.

Where to contact

The applicant applying for alimony must take the application to the Magistrates' Court. The official body is selected according to the place of registration of the plaintiff. If possible, the debtor should be informed about the place and time of the court hearing.

This can be done by calling the military unit with a request to provide information about the place of residence of the former military man. Or contact his place of work if the former employee is employed. trial may be delayed if the defendant is not present. In most cases, the court issues an order and obliges the debtors to pay the relief.

Collection procedure

To collect alimony, you must have a writ of execution provided by court decision. This sheet contains details, accounts and other information necessary for collection. The role of a writ of execution can be played by an ordinary agreement between spouses, signed voluntarily and notarized. The agreement has the same force in relation to the court decision.

It is necessary to indicate the place where the recipient will be given alimony. This can be a cash register or a simple transfer, if desired. But, given the secrecy of some units, it is better to receive transfers by mail. Simply because the territory of some military units is closed to civilians, so the path to the ticket office may not be possible.